Terms and Conditions
Mersey Games Limited
Stag, Hen, Birthday and Team Building Activities
Terms & Conditions
As an activity provider we are required to have terms and conditions, these protect us as well as you, therefore please read these carefully. It’s important that we have them and is an indication of our professionalism. It should give you confidence in our professionalism and also in your protection.
The following terms and conditions apply to your booking; please read them thoroughly, but in particular you should be aware of: (1) Cancellations by the client will result in loss of your deposit or of the total balance paid at the time of cancellation (2) you've got your own responsibilities in keeping sober at the right times (eg no alcohol before activities), arriving and departing on time and behaving properly (ie you do not have the right to abuse or mistreat the hospitality – otherwise you leave us with no choice other than cancelling the Booking automatically). Otherwise, they are as you might expect but do please have a read through.
Effective Date 18/12/18
For anything you book with "Mersey Games", you agree to these terms and conditions.
"Mersey Games" means a division of Mersey Games Limited (of Office 25 Oaktree Court Business Centre, Ness, Neston, Cheshire, CH64 8TP or any other address Mersey Games Limited may reside) hereinafter referred to as "Mersey Games" or “we” or “our” or “us”, (Mersey Games Limited company registration number 9358167).
"Client" – means the person that has signed the booking form on behalf of the booking party who may also be referred to as “Organiser” or “you”. References to and the obligations of the Client apply to all group members / guests of the booking party;
"Contract" – means the agreed Booking as detailed in the Booking Confirmation and incorporating these Terms and Conditions.
"Booking" – means the selected activities and or food that are included by the Client in the booking.
"Booking Confirmation" – means the confirmation receipt/invoice provided by us to the Client on making a booking with us by paying the appropriate non-refundable deposit;
"Booking Party" - means only those persons included on the signed Client registration form and received at the start time of the event, including the "Client". This would also include spectators;
“Supplier” – means any outside person, company or entity that Mersey Games uses to deliver the Contract. This could be the owners of the site where the Mersey Games events occur, a caterer, T-shirt or games manufacturers etc.
Mersey Games reserves the right, at any time before a Contract is accepted or deemed to be accepted by the Client, to withdraw or change these conditions. The conditions herein are accepted by the Client to the exclusion of any previous terms and conditions, written or otherwise.
In respect of any timely alterations to the above please check when making a booking that the guidance above details the latest terms & conditions. We want you to be safe, informed, prepared and aware of your responsibilities when it comes to our activities - if anything is unclear or you would like to talk through the above please contact us on 0151 556 0557.
Making a Booking
(i). The Client must pay a non-refundable deposit to confirm their commitment to pay for the intended Booking.
(ii). The Contract is made when Mersey Games confirms the Booking Confirmation with details of the agreed Booking and when the deposit receipt is issued.
(iii). The Client must check carefully to ensure that Booking Confirmation matches exactly with the details of the booking intended to be made by the Client.
(iv) Please note also that a Booking Confirmation will be rejected and treated as cancelled if payment is not forthcoming as per agreed payment schedule, see clause 3 Payment below.
(i). The price of the Booking is as detailed in the Booking Confirmation. Mersey Games reserves the right to change the price of the Booking at any time prior to the issuing of the Booking Confirmation.
(ii). The Client accepts that pricing and availability may expire over time.
(iii) All monies referred to are in pounds sterling and inclusive of any taxes or additional charges unless otherwise stated.
(iv). Holiday and or personal insurance is not included in the price of the Booking unless otherwise stated.
(v) Unless otherwise stated on the Booking Confirmation the payment does not include the cost of drinks, snacks and / or any other items that are not directly referred to on the Booking Confirmation.
(i). The price of the Booking and the basis on which it is calculated is contained in the Booking Confirmation.
(ii). The Client accepts responsibility for paying for all members of the Booking Party.
(iii). The Deposit (which is non-transferable and non-refundable unless otherwise agreed in writing) as detailed in the Booking Confirmation is payable on booking, the Booking remains unconfirmed until the appropriate deposit is received in full; the remaining balance payment is payable 30 days prior to the commencement of the Booking, or by such date as is specified in the Booking Confirmation.
(iv) In the case of bookings made less than 30 days prior to the commencement of the Booking the total amount is payable upon booking.
(v) If the Client opts to make payments by instalments (to the extent that payment by instalment is permitted), all instalment payments are non-refundable and non-transferable regardless of any circumstances be it medical or otherwise. It is the Client’s responsibility to ensure that all party members are aware of this condition. See also 5 (iii) below.
(vi). Failure to make payment on the due dates will entitle Mersey Games to cancel the Contract without penalty and to treat such failure as a cancellation by the Client.
(viii). Mersey Games reserves the right not to provide the Booking or any part thereof until it has received sufficient funds from the Client. Mersey Games will not be liable for any matters arising out of delay in payment by the Client.
Alterations or changes made by the Client
(i). If the Client wishes to make any alteration to the Booking or wishes to cancel the Booking, the Client must notify Mersey Games in writing as soon as is reasonably practical.
(ii). The cancellation charges set below will apply if the Booking is cancelled by the Client but cancellation will only be effective from the date that written notification of cancellation is received by Mersey Games.
(iii). If the client cancels the booking for any reason before the final balance is made the client shall be liable for the £50 deposit which is non-refundable and non-transferable.
(iv). If the client cancels the booking after the full balance has been paid the client shall be liable for the full contract amount and no refund shall be given.
(v). If the Client has opted to make payments by instalments (to the extent that payment by instalment is permitted), all instalment payments which have already been made are non-refundable and non-transferable regardless of any circumstances, be it medical or otherwise. It is the Client’s responsibility to ensure that all party members are aware of this condition.
(vi). We strongly recommend that Clients provide accurate details and insure against cancellation where possible.
(vii). Prior to when cancellation terms will be applied (ie more than 30 days in advance) if the Client wants to change the Booking or the numbers or members of the Booking Party after the Booking Confirmation has been issued, then in each separate instance there is an administration fee of £10.00 payable per guest together with any additional charges or costs imposed by Mersey Games or its Suppliers. In the event of certain major changes to the Booking or the numbers of the Booking Party or the dates of the planned Booking, this request from the Client will be treated as a cancellation of the initial booking and the booking of a new Booking, this includes reducing the booking from the original Booking to any of the additional policy options created for the Client. In such cases cancellation charges will be incurred. Mersey Games will advise the Client upon receiving request(s) to make amendments if this is the case.
(viii). If the Booking Party arrives at any part of the Booking with an increased number of persons to those detailed on the booking form, Mersey Games’ responsibility to the Booking Party and or the Booking will no longer apply. In this instance Mersey Games and or its Suppliers also reserve the right to cancel or consider cancelled the Booking in part or whole.
Alterations or Changes to the Booking by Mersey Games
(i). Cancellation or changes may be made at any time when safety conditions are, in Mersey Games's or its Suppliers' discretion, compromised. If cancellations occur in such circumstances Mersey Games or its Suppliers will endeavour to make every effort to reschedule in line with Client requirements.
(ii). We reserve the right to alter the games or provide a reduced version of the games due to adverse weather conditions. Some of our games will be inoperable in high winds or poor weather conditions for health and safety reasons. We may offer different games to those advertised. No refunds will be associated under these circumstances.
(iii) Mersey Games reserves the right to change the operation of an event from an indoor to outdoor venue or vice versa due to weather conditions, commercial and or operational reasons. The client will be given at least 24 hours advance warning of any change to venue. There will be no refund associated with a change of venue.
(iv) There are slight differences in the type and number of games between the indoor and outdoor venues. Should Mersey Games take the decision to move the event to a different venue than the one that was booked for any reason the Booking Party shall be given notice at least 24 hours before the event. There will be no refund associated with a change of venue.
(v). If the situation arises where the games are unavailable due to mechanical failure then Mersey Games will do everything reasonable within their power to correct the situation. If this proves impossible in the time allotted then Mersey games accepts no liability. There will be no refund associated with mechanical failure.
(vi). No compensation is payable if the Booking is cancelled in whole or part due to an insufficient number of people required to make available the activity or service forming part of the Booking. For the avoidance of doubt unless otherwise agreed in writing the minimum number required will be the same as per the Client's Booking Confirmation.
(i). In the event of loss or damage suffered by the Booking Party or changes to or cancellation of the whole or part of the Booking due to reasons of unusual or unforeseeable circumstances and events beyond Mersey Games' or their Suppliers' control, compensation will NOT be payable. By way of example because of safety risks, adverse weather conditions, war, riots, civil strife or terrorist activity, industrial disputes, utility blackouts, cyber warfare, natural or nuclear disasters, fire, flood, shortage of water, epidemics, health scares, medical emergency or necessity, unavoidable and or technical problems with transport or equipment, airport closures, and similar events beyond our control.
Mersey Games' Responsibility
(i). Mersey Games will use all reasonable care in the selection and use of Suppliers of services and activities forming part of the agreed Booking.
(ii). Mersey Games does not accept liability in the following circumstances:
• If the Client or any member of the Booking Party are at fault, which will include any losses or damage attributable to or resulting from a failure on the part of any Booking Party member to abide by these terms and conditions.
• Any failure by any Booking Party member to observe safety instructions and Booking guidelines.
• Any failure by any Booking Party member to observe schedules and advised timekeeping.
• If any failure which is the fault of someone else not connected with providing services, which make up the agreed Booking.
• Any unusual or unexpected circumstances beyond the control of Mersey Games or its Suppliers even if they had used all due care, however could not foresee or forestall.
• Any event, which Mersey Games or its Suppliers even with all due care, however could not foresee or forestall.
• Any instance of inappropriate behaviour on the part of the Client or any member of the Booking Party including but not limited to legal transgression, insobriety, violent conduct, causing loss and damage to property recklessness, deliberate intent, the breaking of rules and regulations and rudeness.
(iii). Any activities and other services are carried out subject to Mersey Games’ terms and conditions which will be notified to the Client if they depart significantly from standard industry practice or upon the Client's request. If Mersey Games or any Supplier can exclude or limit liability under any international convention or foreign law Mersey Games and or its Suppliers will rely on that exclusion or limitation.
(iv). Where the cause of loss, damage or injury is due to Mersey Games' Suppliers, sub-contractors, servants and/or agents, Mersey Games' acceptance of liability is subject to assignment to it of the claimant's rights against the former and to the claimants co-operating with Mersey Games in any legal action it may take to enforce any right of subrogation or by way of any third party proceedings.
(v). Sharing of limit - should Mersey Games agree in writing to admit liability to more than one party, the limit on our liability will be shared between them and it is up to those parties how they share it.
(vi). Proportionality - if we are liable to you under the Contract and another person or party would be liable to you in respect of the same loss (save for your contractual arrangements with them), then:
(1) the compensation payable by us to you in respect of that loss will be reduced ;
(2) the reduction will take into account the extent of the responsibility of that other person / party for the loss; and
(3) in determining the extent of the responsibility of that person for the loss, no account will be taken of:
(a) any limit or exclusion placed on the amount that person / party will pay
(b) any shortfall in recovery from that person / party (for whatever reason).
(vii). Mersey Games will offer such help as is reasonable in the circumstances to the Booking Party if any member suffers difficulties whilst participating in the Booking.
Client Responsibilities (which apply to include all members of the Booking Party)
(i). To ensure that all terms and conditions are clear and members of the Booking Party are informed about these terms and conditions and the Booking Confirmation/Booking details.
(ii). To be responsible for the group and the accuracy of information supplied. Where you consist of more than one party an act or omission of one party will be regarded as an act or omission of all.
(iii). The Client must give prior notification to Mersey Games in writing of any special requests (for example, special facilities for disabled people, dietary requirements, allergies, medical conditions) which it or any of the Booking Party have so that Mersey Games is able to make arrangements, as far as reasonably possible, to cater for them.
(iv). Some of the activities provided by Mersey Games as part of Booking require an element of physical activity on the part of the Booking Party. The Client will ensure that all members of the Booking Party are over 18 years of age, physically able to take part in the Booking, suffer no disabilities or health conditions that may impair, restrict or endanger their involvement or that of other members of the Booking Party's involvement in the Booking. If the Client has any doubts or concerns regarding any member of the Booking Party's participation in the Booking these issues must be raised in writing at the time of booking, (for example age, pregnancy, asthma, high blood pressure, heart conditions, vertigo). Mersey Games will not hold itself liable in such situations.
(v). To review and recommend the necessary provision of travel and health insurances to all members of the Booking Party. It is important to note that certain activities contained within the Booking may be excluded from the terms of certain travel, medical and life insurances. It is therefore the responsibility of the Client to communicate and ensure that adequate insurance cover is provided for the Booking Party (individually or collectively) to cover likely eventualities whilst partaking in the Booking. Mersey Games will not be held liable in any travel and health insurance claims by Clients.
(vi). To agree and progress with all payment timetables as set out above and in the Booking Confirmation.
(vii). To ensure that all members of the Booking Party comply with all activity/element timetables of the Booking. Failure to keep to the timetables may result in either discontinuation of the event/activity or cancellation of the Booking; in either event Mersey Games will not be liable for any refund, compensation or any other costs that may be incurred.
(viii). To ensure that all members of the Booking Party act at all times in a safe, responsible and courteous manner; comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety); listen and be present at all safety and information briefings relevant to the Booking's activities; make supervisors, representatives or any person in authority immediately aware of any personnel, equipment or site deficiencies or concerns; dress and/or equip themselves suitably for any event or activity as advised by Mersey Games and or its Suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, guidance, advisements, requests including the signing of any on site disclaimers.
(ix) The Client and each and every guest of the Booking Party agrees that the opinion of Mersey Games or its Suppliers, Servants or Agents is final in regard to any matters of safety and the Client and each and every guest agrees to abide by any such opinion howsoever expressed. If in the opinion of Mersey Games, its Suppliers, Servants or Agents, the Client is or may be behaving dangerously or is acting in a manner which would or may, in the opinion of Mersey Games, its Suppliers, Servants or Agents, lead to a disruption of services at the Event, the Client or guest will, at the request of Mersey Games, its Suppliers, Servants or Agents leave the event for the rest of the day contracted for, without Mersey Games, its Suppliers, Servants or Agents encountering any liability.
(x). Following the supply of Client contact details, including e-mail and phone number, Mersey Games’ e-mails and outbound communications will be deemed to be received and Mersey Games cannot be held responsible for the failure of the Client to check / read / communicate their received information.
(xi). Your obligations - the Booking’s performance depends on you performing your obligations under the Contract. Mersey Games are not liable for any loss arising from you not fulfilling your obligations.
(i). Mersey Games by itself or its Suppliers reserve the right to cancel or end the Booking with immediate effect at any stage, with no liability of reimbursement, if the behaviour of the Booking Party or that of any person associated with the Booking Party is likely in the opinion of Mersey Games or its Suppliers to cause distress, loss and damage to property, danger to or to annoy, and or offend other Clients, customers, guests or other members of the Booking Party, employees, general public, property or anyone else.
(ii). Rude and aggressive behaviour towards any Mersey Games employee or Supplier will not be tolerated and may result in package cancellation.
(iii) If the Booking Party is found to be behaving in a way that results in affecting the standard performance and or presentation of Mersey Games’ suppliers and enjoyment / experience of other Clients, guests, groups the Booking Party will be required to leave the premises with immediate effect - if this is the case the Booking will be immediately terminated and the Client will immediately forfeit all costs and any right to compensation, whether or not the Booking has been completed, and will be liable for any compensation sought by Mersey Games and or its Suppliers.
(iv) Mersey Games reserves the right to refuse admittance of the Client, and any of their group, on the grounds of intoxication through alcohol or misuse of illegal substances.
(v) If the behavior of anybody in the Booking Party is deemed inappropriate by Mersey Games on grounds of intoxication, Mersey Games reserves the right to remove that person, or persons, from the activity site or to refuse that person access to the activity.
(vi) Alcohol and illegal substances are not permitted on Mersey Games’s activity sites under any circumstances, either before, during or after the event.
(vii) No alcohol is permitted to be consumed in any establishment adjoining Mersey Games’s activity sites before the Client and or any member of the Booking Party takes part in the event.
(viii) Alcohol may be consumed in any adjoining establishment following the Event providing every person in that group have completed Mersey Games’s event. Mersey Games take no responsibility whatsoever for the liability of any person of the Client’s group in a licensed establishment following the event.
Insurance & Disclaimers
(i). Mersey Games considers it essential that all members of the Booking Party have adequate insurance. Please note that it is the Client's express responsibility to ensure that cover matches the Booking Party's requirements. On the Client's acceptance and confirmation of their Booking, Mersey Games are entitled to assume that the Client is fully aware of their responsibility and their insurance policy (and those of the Booking Party) fully, adequately and appropriately covers all the activities, services and events associated to the Booking. Mersey Games are entitled to assume that the Client is comfortable with their responsibilities, aware of the implications of insurance cover and fully satisfied with their own arrangements.
(ii). Due to the nature of extreme activities, members of the Booking Party will be required to acknowledge and agree to local disclaimers (which may include health disclosures) prior to proceeding with elements of their Booking, these disclaimers serve to highlight the risks associated with the activity in question; on acknowledgement of the disclaimer members of the Booking Party will consciously proceed fully aware of the safety, security, comfort and insurance implications of that activity. Members of the Booking Party will be responsible for appreciating whether or not their personal insurance cover is appropriate.
(i). If there are any complaints about the Booking these must be communicated immediately to Mersey Games who will endeavour to put things right to avoid it from ruining any part of the Booking. It is strongly recommended that you communicate any complaint directly whilst at the location as well as or by telephone during stated business hours Mon-Fri to +44 (0)51 556 0557 or to any other support number supplied or out of hours by leaving a voice message to +44 (0)51 556 0557, without delay or to email [email protected] Please be aware if you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on location and this may affect your rights under this contract. For the absence of doubt any failure to so report such complaints immediately is likely to be deemed to be a failure on the part of the Booking Party to mitigate its losses and Mersey Games will not consider itself liable for those complaints.
(ii). If the matter is still not resolved after completion of the Booking, the Organiser must inform the Mersey Games office on return so that a complaint form can be generated. A detailed description of the complaint will need to be provided, accompanied by any supporting evidence. If, after this time, you still feel the matter has not been resolved satisfactorily and you wish to escalate the complaint, you will need to write in to our Customer Services Department at Mersey Games Ltd, Office 25 Oaktree Court Business Centre, Mill Lane, Ness, Neston, Cheshire, CW64 8TP within 28 days of completion of the Booking (this cannot be emailed). The submission must include your booking reference, as well as a written report / assessment specifying any perceived failure at the place where the Booking is supplied, along with any accompanying documentary evidence. Please keep your letter concise and to the point. Client accepts a 28-day period for satisfactory negotiation of any disputes prior to proceeding with and or advising any external representation.
(iii). For the purposes of (ii) above, all communication relating to any complaint must be dealt with by the Booking Party through the Organiser. No other party has authority to deal with any complaints or matter relating to the booking other than the Organiser, and all communications by Mersey Games relating to that complaint that be communicated solely to the Organiser.
(iv). Mediation - if a dispute arises the parties will attempt to resolve it by discussion, negotiation and mediation prior to commencing legal proceedings.
(v). We would respectfully request any written communications to be sent by recorded post.
(i) The Client recognises that Mersey Games is an independent contractor and not the servant or agent of the Client.
(ii) Oral advice & draft deliverables - you may only rely on our final written deliverables and not on oral advice or draft deliverables. If you wish to rely on something we have said to you, please let us know so that we can prepare a written deliverable on which you can rely.
(iii) All pictures/videos on our websites and social media, or in promotional material, are used only as samples of our events, activities and services. Actual events, activities and services may differ from picture/video.
(iv) All pictures/videos of our Clients and their respective Booking Parties are owned by Mersey Games and are uploaded to our Facebook page where customers can have access to them without charge. They remain the property of Mersey Games Ltd.
(v) The trademarks, logos, and icons (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Mersey Games and may not be used without prior consent.
(vi) All information and copy contained on Mersey Games’s websites are copyright of Mersey Games Ltd and may not be used without prior consent.
(vii). If any of these terms or conditions are unenforceable for any reason, but would be enforceable if some of its wording were deleted or amended, it shall apply with such deletions or amendments as are necessary to make it enforceable.
(viii). No amendment or variation to the contract or conditions shall be effective unless in writing and signed by or on behalf of both parties.
(ix). No claims against individuals - should you have cause to, unless otherwise agreed in writing you agree to bring any claim (including one in negligence) in connection with the Booking only against Mersey Games Ltd and not against any individual within Mersey Games.
(x). The Booking and any contract between the Client and Mersey Games and any dispute arising from it, whether contractual or non-contractual, will be construed and governed by English law and be subject to the jurisdiction of the English courts, you may however, choose the law and jurisdiction of Scotland or Northern Ireland if you were residentially based there at the time of booking and wish to do so.
(xi). Entire agreement - The Contract forms the entire agreement between the parties in relation to the services. It supersedes any earlier contracts, agreements, representations or discussions in place. No party is liable to pay any other party (whether for negligence or otherwise) for a representation that is not in the agreement.
(xii). Rights of third parties - a person or representative who is not party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 (as may be amended) to enforce any terms of the agreement.
(xiii) While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources and is accurate, Mersey Games Ltd. is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on Mersey Games websites is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied.
Standard Special Offer Terms
In the absence of and unless otherwise stated the following terms automatically apply to all special offers - not valid with any other offer, one offer per group only, no cash alternative, groups must remain above 12 guests, all offers subject to availability, offers cannot be applied retrospectively i.e. offers apply to future bookings only, offer applied post clearance of balance payment, standard terms apply. Mersey Games reserves the right to vary offer terms at any time.
Changes to the Terms and Conditions
We may update our terms and conditions from time to time. We will notify you of any changes by posting the new terms and conditions on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Terms and Conditions.
You are advised to review this Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.
If you have any questions about these terms and conditions, please contact us:
By visiting this page on our website: https://www.merseygames.co.uk/contact-us
By phone number: 0151 556 0557
By Email: [email protected]
By mail: Office 25 Oaktree Court Business Centre, Ness, Cheshire, CH68 8TP