Private Hire Terms & Conditions
ALL CORPORATE EVENT BOOKINGS AND ENTRY TO KIDZANIA LONDON IS SUBJECT TO ACCEPTANCE OF THESE TERMS AND CONDITIONS TOGETHER WITH OUR ENTRY TERMS AND CONDITIONS (WHERE APPLICABLE).
1 INFORMATION ABOUT US
1.1 KidZania London is operated by Edutainment Operations Limited (“we”, “us” and “our”). We are registered in England and Wales under company number 12299506 and have our registered office at: 100 New Bridge Street London EC4V 6JA. Our main trading address for correspondence is KidZania London, Unit 5001, Service Yard B, Ariel Way, Westfield London W12 7GA. We are a limited company.
1.2 If you have any questions or complaints, please contact us by telephoning our Corporate Events Team on 0203 758 7305 or by e-mailing us at email@example.com.
1.3 These Terms & Conditions (“Conditions”) set out all the terms and conditions upon which we provide you and your guests (“you” and “your”) with access to KidZania London.
1.4 In these Conditions “Premises” shall mean the Kidzania premises located at Westfield London, Ariel Way, London, W12 7GF. “Booking Deposit”, “End Time”, “Event”, “Event Date(s)”, “Event Fee(s)”, “Venue”, “Security Deposit” and “Start Time” shall be as defined in the Booking Confirmation Form. “Booking” shall mean the booking as confirmed within the Booking Confirmation Form.
2. MAKING A BOOKING
2.1 All booking queries and booking requests should be directed to the Corporate Events Team on 0203 758 7305 or firstname.lastname@example.org.
2.2 Notwithstanding that we may have given a detailed quotation or estimate either orally or in writing, all Bookings will be considered as provisional until the Booking Confirmation Form has been signed by an authorised sales representative of KidZania London and an authorised representative of your company and a Booking Deposit has been received by us in accordance with Condition 3 below. If the Booking Confirmation Form is not signed by you within 2 working days of issue (or 24 hours if a “short notice” booking), we reserve the right to cancel any provisional booking and re-hire the Venue.
2.3 An estimated number of attendees will be outlined in the Booking Confirmation Form. The final number of attendees must be finalised at least 14 days prior to the earliest Event Date(s) by completing an Attendee Confirmation List. Any attendee cancellations within this 14 days period will be charged for in full together with any ‘no shows’. We will try, but cannot guarantee, to accommodate any additional attendees requested within this 14 days period. You will be charged for any additional attendees or requests.
2.4 At least 14 days* prior to the Event, you must confirm to us in writing:
2.4.1 Final timings for the Event;
2.4.2 Venue layouts, design and entertainment requirements;
2.4.3 Menus, food and beverage requirements;
2.4.4 Any special requests such as dietary requirements.
*NB: Shorter lead times may apply depending on your requirements notified to us at the time of booking.
We will send you reminders 6 weeks and 4 weeks in advance of the Event Date(s).
If you wish us to provide such additional items such as:
2.5.1 audio / visual;
2.5.3 telephone lines;
2.5.4 any other equipment or facilities;
2.5.5 third party services.
we must receive your request in writing at least 14 days, prior to the Event. All requests for additional items will be subject to availability and to our written confirmation.
2.6 If you wish to have bar facilities after midnight, at least 8 weeks’ notice will need to be given in writing so we may make the application to obtain the necessary bar licence.
2.7 Any changes to the Venue and the layout within 14 days cannot be guaranteed.
2.8 All costs incurred by us in accommodating any requirements requests or amendments to the Event in Conditions 2.3 – 2.7 shall be borne in full by you.
2.9 For the avoidance of doubt any changes to the nature of the Event or the estimated number of attendees made by you shall entitle us to make the necessary adjustments to the fees charged and the Venue provided.
2.10 Short Notice Bookings: Generally we would expect Bookings to be made at least 8 weeks in advance of the Event Date(s). However, we will take Bookings within this time period and at “short notice” subject to your requirements. We consider a “short notice” Booking to be any booking made within 8 weeks of the Event Date(s). NB: we are not able to take Bookings for catering less than 5 working days prior to the Event Date(s). All “short notice” Bookings must be paid for in full upon signature of the Booking Confirmation Form and Attendee Confirmation List which must be signed within 24 hours of receipt and all requirements must be confirmed at the time of Booking. No “short notice” Bookings will be considered confirmed until we have received the signed Booking Confirmation Form, Attendee Confirmation List and the full Event Fee.
3.1 For Bookings made 8 weeks or more prior to the Event, a Booking Deposit (equal to 10% of the total Event Fee(s) as agreed between the parties and detailed in the Booking Confirmation Form will be payable by you upon signature of the Booking Confirmation Form. The remaining 90% of the total Event Fee(s) will be payable 8 weeks prior to the Event unless other terms have been agreed in writing with us (such terms may include a further deposit).
3.2 For Bookings made less than 8 weeks prior to the Event, the total Event Fee(s) will be payable upon signature of the Booking Confirmation Form, together with any Security Deposit as described in Condition 3.3 below.
3.3 We may request a Security Deposit which will be payable by you to us at least 8 weeks prior to the Event, receipt of which shall be a condition of the Event taking place. At the End Time, we will require your appointed representative to sign off a Consumption Sheet confirming any additional requirements requested during the Event and complete a tour of the Venue to confirm any damage. In the event your appointed representative is not available at the End Time we shall notify you in writing within 7 days following the Event of any extras and damage which you will be deemed to have accepted. Following the Event, we shall be entitled to withhold from the Security Deposit such proportion of the Security Deposit as may be reasonably necessary to:
3.3.1 make good any damage to the Premises, Venue or its contents (except for fair wear and tear) caused by your failure to take reasonable care of the Premises, Venue or its contents;
3.3.2 replace any of the contents which may be missing from the Premises or Venue
3.3.3 pay any Event Fees which remain unpaid; and
3.3.4 pay for the Premises, Venue or its contents to be professionally cleaned if the state is such that we require specialist cleaners to attend in addition to our usual cleaning contractors.
3.4 On completion of the Event, we will calculate the outstanding sums owed by you and issue a final invoice which you will be required to pay within 7 days of the invoice date.
3.5 All payments to be made via BACS payment, credit or debit card. If payment is made via credit card we will charge a handling charge of 5%. NB: we do not accept AMEX.
3.6 If you fail to make any payment due to us in connection with your Booking by the due date for payment, then, without limiting our remedies set out in these Conditions, you shall pay interest on the overdue amount at the rate of 5% per annum above Barclay's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
3.7 Where the Booking is made via an agent, you together with the agent shall be jointly and severally liable for any payments which fall due under the terms of the Booking.
Cancellation by you:
4.1 If you wish to cancel the Event for any reason or the attendees are reduced by more than 10%, notifications of such changes must be communicated to us immediately in writing and the following cancellation charges will apply:
4.1.1 for more than 8 weeks notice, you will be charge the Cancellation Administration Fee (defined below) together with any non-refundable charges incurred by us;
4.1.2 for 8-4 weeks notice (inclusive), you will be charged 50% of the original total Event Fees plus the Cancellation Administration Fee (defined below) together with any non-refundable charges incurred by us;
4.1.3 for less than 4 weeks notice, you will be charged 100% of the original total Event Fees plus the Cancellation Administration Fee (defined below) together with any non-refundable charges incurred by us.
4.2 If you give notice of cancellation or significant reduction as stated in Condition 4.1 above, we have the right to re-let the Venue and if an alternative function should then be arranged, any income shall be used towards all or partial fulfilment of your liability towards us. We will then notify you of any update in the Cancellation Fee(s) owed by you. Notwithstanding any sums recoverable from a third party in accordance with this Condition 4.2 we will retain a cancellation administration charge of equal to the greater of 2% of the total Event Fee(s) or £250 (“Cancellation Administration Charge”).
4.3 We strongly recommended that you take out adequate cancellation insurance to protect you against any cancellation fees payable to us upon cancellation by you.
Cancellation by us:
4.4 We will use best efforts to make the Venue available to you on the agreed event dates (including any agreed set up and take down dates).
We will not be liable if the Event is cancelled for the following reasons:
4.5.1 if we believe the Event is somehow of an illegal nature or immoral or would be harmful or prejudice to the reputation of KidZania London;
4.5.2 if you are 14 days or more in arrears with any due payments for the services or facilities which we agree to provide to you in relation to the Event;
4.5.3 if we become aware of any changes in your financial situation which we reasonably believe may lead to you being unable to meet your financial obligations in relation to the Booking.
4.6 If we need to amend the Booking in any way, we will offer alternative facilities of a reasonable fit, status and comfort to the original Booking. If the alternative arrangement is not deemed fit by you, you will have the right to cancel the Booking in writing will need to be directed to our Corporate Events Team at Unit 2, The Village Offices, Westfield London, Ariel Way, London, W12 7GQ or email@example.com.
4.7 You, your employees, agents, invitees and any third party contactor appointed by you in relation to the Event must comply with all the rules and regulations currently in operation at the Premises. We reserve the right to deny admission, or to require a person already admitted to leave the Premises, without refund or compensation, for failure to comply with any of the KidZania London rules, for unsafe, illegal or offensive behaviour, to ensure safety, security or order, or if we consider that the circumstances so require.
4.8 We reserve the right to close off any part of the facilities, Venue or the Premises for technical, operational or health and safety issues. We will not be liable to you should any foreclosure occur.
5. FORCE MAJEURE
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by a Force Majeure Event.
5.2 An Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
5.3 If a Force Majeure Event takes place that affects the performance of our obligations under these Conditions:
5.3.1 we will contact you as soon as reasonably possible to notify you; and
5.3.2 our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.
5.4 In the event that the contract still cannot be performed or any of the obligations be fulfilled within a period of three months, then either party can terminate the contract by notice in writing.
6. LIMIT OF LIABILITY
6.1 Nothing in this agreement shall limit or exclude our liability:
6.1.1 for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
6.1.2 for fraud or fraudulent misrepresentation.
6.2 Subject to Condition 6.1, under no circumstances shall we be liable to you for any of the following, whether in contract, tort (including negligence) or otherwise:
(a) loss of revenue or anticipated revenue;
(b) loss of savings or anticipated savings;
(c) loss of business opportunity;
(d) loss of profits or anticipated profits;
(e) wasted expenditure; or
(f) any indirect or consequential losses.
6.3 Subject to Condition 6.1, our maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, under or in connection with this agreement shall be limited to the amount of the Event Fees paid by you pursuant to the Booking.
7.1 We place great importance on the safety of third parties and to ensure that the high standards of safety set by us are complied with by all those attending the Event, third parties are only admitted to Premises if they are willing to comply with any regulation in force at the Premises from time to time. You shall therefore ensure that all third parties are aware of this.
7.2 The use of illegal substances is strictly prohibited and any persons found possessing, using or who appear to be under the influence of illegal substances will be refused admission or escorted from the Premises without right to refund.
7.3 All items, belongings and other property brought into the Premises by guests shall be at such guest’s own risk and we accept no liability for the loss or damage to such property. We advise that guests do not bring valuables into the Premises. We reserve the right to carry out searches of any persons, bags or belongings brought into the Premises either at the point of entry or at any point during the Event where we have reason to suspect a threat to security.
7.4 We are the owner or the licensee of all intellectual property rights in our website, in the material published on it, the concept of KidZania London, all rights to the “KidZania” trade mark and in all materials within the Premises including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio-visual works, designs, logos, software and any other content. These works are protected by copyrights, patents, trade secrets or other proprietary rights owned by us and/or our licensors. All such rights are reserved. "KIDZANIA” is a registered trade mark of KidZania Operations SARL.
7.5 We reserve the right, in our absolute discretion, to refuse admission to our Premises or remove from the premises any person who has behaved or is behaving in a manner which, in our opinion has affected, or is likely to affect, the enjoyment of the Premises by any other third party.
7.6 The Venue will be made available from Start Time until the End Time stated in the Booking Confirmation Form. You will ensure that you, your employees, invitees any third party contractor engaged by you and will vacate the venue and premises within half an hour of the departure time shown in the Booking Confirmation Form. If an extension to these times is requested, we will attempt to accommodate your request but may, in our absolute discretion, make extra charges for the additional use of the Venue.
7.7 On arrival to and departure from the Premises you shall use all reasonable endeavours to ensure that all third parties shall not cause any unreasonable disturbance or nuisance to any persons or properties in the vicinity of the Premises.
7.8 Upon our request and at your expense you shall assist us in returning the venue to its original state. You shall be liable for any damage to the Venue caused directly or indirectly with the Event.
7.9 We reserve the right to approve any third party engaged by you in connection with the Event. No third parties can be engaged without written approval from us. For the avoidance of doubt all contractors should be booked form the Kidzania Approved List. You shall ensure that any third party contracted by you, complies with the terms set out in the Booking Confirmation Form, these Conditions and all health and safety legislation regulations and procedures in force from time to time and shall carry out your own risk assessment procedure in order to do so and provide public liability insurance.
7.10 We shall not be liable for a third party's failure to provide, or negligence in providing, any goods or services to you and you shall indemnify us and keep us indemnified from and against any costs incurred by us as a result of any cancellation of any third party services contracted by you.
7.11 You acknowledge that there are various closed circuit television cameras positioned at different locations within the Premises to assist in the proper running of Kidzania London and you accept that the your image and that of any third party may be captured whilst in and about the Premises. We do not make any representation as to the extent of coverage provided by the cameras.
7.12 If you wish to carry out photography or filming during the Event you must notify us at least 14 days in advance of the Event by completing our Photography/Filming Authorisation Form available from the Corporate Events Team. Photography and filming may be subject to the completion of a risk assessment and signature of a filming permit prior to the Event. In any event, in the absence of a filming permit all photographs or recordings must be approved by us prior to use, publication or exploitation and any use is strictly for promotional activity only. Any commercial use will require our express written consent.
7.13 No equipment or practices which may conflict with our obligations under health and safety legislation regulations and procedures in force from time to time can be brought into or used at the venue without our prior written agreement.
7.14 No wines, spirits, other drinks or food can be brought into the venue without our prior written agreement. Only persons authorised by us are permitted to sell or offer for sale any items or services on the Premises.
7.15 No use may be made of any KidZania name, logo or company details without our prior written consent.
7.16 All prices are exclusive of VAT which shall be charged at the prevailing rate.
7.17 No signs, displays, posters or other material may be fixed to the walls, floor or ceilings of the Venue or otherwise displayed at the Premises without our prior written agreement.
7.18 We are obliged to comply with various licensing and statutory regulations and accordingly we require you and any third party to comply with any reasonable and proper instructions given to you by any duly authorised representative of KidZania and you shall indemnify us and keep us indemnified of any loss, damages or expenses suffered or incurred by us as a result of a breach of this Condition 7.18.
7.19 With the exception of guide dogs for the blind, pets are not permitted at the Premises.
7.20 In requesting us to photocopy any document, article, drawing or other item, you confirm that the written consent of the copyright owner has been obtained and you undertakes to indemnify us and keep us indemnified for any loss, damage or expense suffered by us as a result of such consent not having been obtained.
7.21 Any corporate gifts you wish to distribute at the Event should be brought to the Premises as agreed by us in advance in writing and marked for the attention of the Corporate Events Manager.
7.22 We have the right to revise and amend these Conditions from time to time by notifying you in writing. You may not vary these Conditions unless agreed in writing with us. You will be subject to the Conditions in force at the time that your Booking is confirmed (unless otherwise notified in writing).
7.23 We may transfer our rights and obligations under these Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Conditions. You may not transfer your rights or your obligations under these Conditions to another organisation or person.
7.24 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
7.25 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.26 If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.27 If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, Condition or provision will to that extent be severed from the remaining terms, Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7.28 These Conditions and any document referred to in them constitutes the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
7.29 You acknowledge that, in agreeing to these Conditions, you do not rely on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions. Nothing in this Condition excludes liability for fraud.
7.30 These Conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.