TERMS & CONDITIONS
DEFINITIONS
1.1 "Booking" means Exceed booking process which is subject to acceptance of these Terms.
1.2 "Client" means the person, firm or company which makes a Booking.
1.3 "Event" means the event or events which are the subject of the Booking.
1.4 "Exceed" means Exceed Group Ltd Limited a company registered in England and Wales as company number: 09802671 trading under the name of The Exceed Group.
1.5 "Services" means the hospitality and/or event services to be performed by Exceed pursuant to the Booking in accordance with these Terms.
1.6 "Terms" means these booking terms and conditions.
1.7 "Auction Terms" the terms of auction participation
BOOKING AND PAYMENT TERMS
2.1 Time for payment shall be of agreed at the time of booking and any payment terms listed in the above table. If the Client fails to make any payment on the due date, Exceed shall be entitled (at its discretion) to cancel the Booking by notice in writing to the Client. 2.2 Any variation or amendment to these payment terms will be set out by Exceed in writing on the invoice. This will include deposit and balance payment terms. 2.3 Subject to 2.2 above, no variation to the Terms shall be binding unless agreed in writing by an authorised representative of Exceed.
VARIATION AND CANCELLATION
3.1 Cancellation of a Booking by the Client will be non-refundable. 3.2 Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, Exceed reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of Exceed materially affect the quality of the Services. If Exceed has to make any material changes relating to the Booking it shall notify the Client forthwith. Exceed shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances. 3.3 If the Event team varies or cancels the Event Exceed shall not be liable to the Client. However Exceed shall make every effort to ensure that the quality of the Services is not materially affected. 3.4 If for any reason beyond the reasonable control of Exceed (including but not limited to an Act of God, explosion, inclement weather, flood, tempest, fire or accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power, equipment or mechanical failure, Covid-19), the Event and/or the Services are cancelled or disrupted in any way, Exceed shall not be liable to the Client or be deemed to be in breach of the Booking or these Terms by reason of any delay in performing, or failure to perform any of its obligations in relation to the Booking or these Terms. Exceed may choose to, but shall not be obliged to, agree in good faith with the Client the amount of any refund to the Client. If the Client wishes to protect its investment in the Services purchased in relation to the Event, the Client is advised to seek contingency insurance from a specialist contingency insurance broker. Exceed shall have no further liability to the Client arising from Exceed failure to perform the Services in any such circumstances.
LIMITATION
4.1 Exceed shall not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or Exceed had been advised of the possibility of the Client incurring the same). 4.2 Further, Exceed shall have no liability for any death or bodily injury or loss of or damage to property, of anyone attending the Event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client agrees to indemnify Exceed against any claim in respect of any such liability (and the costs and expenses incurred by Exceed in relation thereto). 4.3 Exceed shall not be liable for the actions or failure to provide services of a third party service provider involved in the Event, including but not limited to the failure of a performing artist to attend such Event.
CLIENT’S OBLIGATIONS
5.1 The Client agrees to accept the authority, decisions and instructions of the bookings Team. 5.2 The Experience can include activities which require an average level of fitness and good health. Consequently the decision of the Experience Team as to the Client’s ability to take part in the event is final. 5.3 The Client agrees to comply with the age and size limits for the Event. 5.4 The Experience team’s decision in relation to the safety and suitability for a Client to take part in the Event is final. 5.5 Exceed shall not be liable for the Client’s loss if they cannot take part in the Event due to the Event team’s decision in relation to taking part in the Event. 5.6 The Client agrees to make their own travel and accommodation arrangements for attending an experience, if they are not included in the Booking.
COVID TERMS
1.1 Customers must inform us if they believe they have COVID 19 or are showing symptoms in the 7 days prior to an event or experience. In this instance, Exceed will do everything they can to protect the booking. This will include looking into crediting the experience with an alternative Exceed offering at a more convenient time, amend the booking to a new date, or claim a partial refund from the supplier if applicable. 1.2 We cannot guarantee any of these options but will do our upmost to protect the booking. 1.3 If you have or suspect that you have COVID 19 in the 24 hours leading up to an experience and cannot attend, we accept no liability for this and will be unable to refund the price of the package. In this instance, Exceed will do everything they can to protect the booking without any guarantees. 1.4 If a guests' temperature is checked on entry to an experience and you are not allowed entry, we accept no responsibility or liability for this and will not refund the price of the package. 1.5 We accept no liability or responsibility if after an experience a guest gets ill and believes this to have been caused by attendance to an experience purchased through Exceed. 1.6 Exceed reserve the right to ask for client proof of a negative covid test or vaccination status either as often requested by the third party suppliers.
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Terms & Conditions of auction participation
In order to bid in the auction, bidders must be aged 18 or over. • Late, incomplete, defaced or corrupt bids, and bids below the minimum bid value may not be accepted. • A bid in this auction is classified as a binding, in-person offer. You acknowledge that if you are successful, you are obliged to pay for the item(s) at the event. Payment will be processed with a voucher or delivery of physical item(s) to follow. • You can pay by cash or all major credit & debit cards. Credit card charges, pre-agreed with the event host/charity will be deducted from the project surplus. • Experiences/vouchers are valid for a year from the date of the silent auction unless stated specifically. • Flights are specifically excluded from all packages. Furthermore, unless expressly stated as included within the package, the highest bidder is responsible for making all arrangements and meeting all costs out of their own pocket that may be necessary to take up and enjoy their Lot, including but not limited to costs of travel, accommodation, insurance and food. • Some package suppliers may require a refundable damage deposit upon booking – this applies to villas, apartments and other private properties. • If, for any reason, we are unable to award a Lot, we reserve the right to withdraw the Lot from the auction. • All items offered in the silent auction brochure or platform shall be subject to availability and we shall not be liable for any claims, expenses, costs and/or any losses (including, but not limited to, loss of profits, indirect, pure economic and consequential losses or otherwise) or any damage (save for death or personal injury arising from negligence) suffered by any Bidder. • Exceed acts as agents for the supply of the listed products, events and services identified in this brochure. Any agreement to purchase the products, events and services will be between the supplier and purchaser of the products not Exceed. • Experiences/vouchers are valid for a year from the date of the auction unless stated specifically. All vouchers are non-refundable, cannot be extended and must be used in one time. • Physical items must be redeemed via the voucher management system. Delivery address and contact number for tracking must be provided during the redemption process to initiate item dispatch. Any billing address details provided at the bid or payment stage will not be used for delivery purposes. • We shall not be liable for any delay or non-performance of any obligations in relation to the Lot to the extent that such performance is interrupted or prevented by circumstances beyond our reasonable control. • In the event of force majeure or some other unforeseen cancellation (including the insolvency of any third-party provider of any booking, experience or auction prize) to a booked experience, you will receive a credit equivalent to the supply price for the specified Lot. • In the event of a refund any amount bid over the minimum bid value, plus £200 of the minimum bid value, will be classified as a spent donation and cannot be reclaimed through Exceed. • To maximise the fundraising for the beneficiary, some lots are available more than once and in these instances and unless excluded by the client, the top bidders will be successful. • Some lot images are for illustrative purposes. • 100% of revenue above the minimum for all non-donated Lots goes directly to charity. • 100% of all revenue for the donated Lots goes directly to charity. • In addition, all reserves include a guaranteed charity sum as follows: • £0 - £499 on experiences - £25 to charity/foundation • £500 - £1,499 on experiences - £50 to charity/foundation • £1,500 - £2,999 - £100 to the charity/foundation • £3,000 - £4,999 - £200 to the charity/foundation • £5,000 or more - £300 to the charity/foundation
Auction FAQs
What do I do if I want to retract a bid? Please contact a member of staff at the event prior to the auction end. After the auction close, bids are final and non refundable.
When does the auction close? There is a countdown clock on the item page showing how long is left until the item closes.
How do I know if I won an item? When the system closes, your credit card will automatically be charged only if you have won an item and/or made a donation. You will then be sent a text and email notification with a confirmation of your payment.
Are all the prizes donated? The fundraising auctions may contain a combination of donated lots and supplied lots. Non donated lots are supplied to this fundraiser/beneficiary at £25 - £300 under the starting bid price to ensure that every single bid is guaranteed to raise much needed funds for the beneficiary charities. That value, plus 100% of the winning bid above the supply price goes to the beneficiaries. Wholly donated lots will be specified.
What if Covid / travel restrictions make a prize unredeemable? Any non-donated experiences usually come with extended validity of at least 12 months. These factors should allow all winners to enjoy their experiences with a year or more of unrestricted opportunity to redeem. Should Covid restrictions continue and any experience cannot be taken due to associated closure of the venue or frustration by third party such as Government mandate or an international travel ban etc, the winner will have access to all appropriate remedies including initially, further extension, transfer to the next year's equivalent event, transfer to alternative experiences, and if none of these is possible a refund of the item supply price.