These Terms shall apply to all Contracts entered into by and with Elephant Camp Please read them carefully before making a Booking.
In these Terms the following initially capitalised expressions shall have the meanings set out next thereto:
Elephant Camp means Elephant Camp Limited (company no 13355120) whose head office is c/o Clear Vision Accountancy Ltd, 1 Abacus House, Newlands Road, Corsham, Wiltshire SN13 0BH
Agent means any authorised person acting as agent for Elephant Camp through whom a Booking is made and to whom the Guest makes payment of the Price where the Guest does not book directly with Elephant Camp.
Booking means an on-line (or other) order placed by a Guest for the provision of the Service for the Hire Period.
Booking Confirmation means written confirmation of a Booking provided by Elephant Camp or (where relevant) an Agent to a Guest, and accompanied by a description of the Service ordered for confirmation, which creates a Contract between Elephant Camp and the Guest.
Contract means the contract created between Elephant Camp and a Guest for the provision of the Service at an Event which is subject to these Terms and which will be treated as concluded when Elephant Camp provides the Guest with a Booking Confirmation.
Event means the organized event at which Elephant Camp agrees to deliver the Service.
Guest means the person booking the Service with Elephant Camp.
Hire Period means the period for which a Guest has booked the Service at the Event which for purposes of confirmation is specified on the Invoice.
Invoice means Elephant Camp’s formal written request for payment of the Price which will be sent out with the Booking Confirmation.
Price means the price for the provision of the Service for the Hire Period.
Service means the accommodation as specified on the Booking Confirmation to include its contents and the right to access all supporting services as specified in Elephant Camp’s marketing materials for the Event provided to the Guest plus the Tickets for the Event for those members of his, her or its party referenced in the Booking Confirmation.
Site means the site at the Event where accommodation and supporting structures provided by Elephant Camp are located.
Terms means these Terms and Conditions.
Ticket means the ticket or tickets for the Event for those members of his, her or its party referenced in the Booking Confirmation which is/are included in the Price.
2.1 Unless otherwise agreed in writing by Elephant Camp all Contracts for the provision of the Service are subject to these Terms.
2.2 A Contract shall be created on Elephant Camp sending the Guest a Booking Confirmation.
2.3 The Price must be paid in full within the time or times specified on an Invoice. Failure to pay the Price (or any part thereof) when due shall entitle Elephant Camp to cancel a Contract forthwith on giving written notice to the Guest. Any deposit or other payment previously paid shall be non-refundable in the event Elephant Camp cancels the Contract due to non-payment of any instalment of the Price by the due date.
2.4 Elephant Camp will use all reasonable endeavours to provide the Guest with the Service as advertised but where Elephant Camp is required to make material alterations to the design or other specifications of the Service for any reason it will use its reasonable endeavours to replace that part of the Service so altered with something similar. This shall be the limit of Elephant Camp’s responsibility and in such circumstances Elephant Camp shall have no liability for variations from the Service as advertised. The provisions of this Condition 2.3 shall not affect the cancellation rights of the parties set out in Condition 8.3.
3.1 Subject to payment of the Price in full within the times specified in an Invoice Elephant Camp, agrees to provide the Service to the Guest (and those members of his, her or its party referenced in a Booking Confirmation) for the full duration of the Hire Period.
3.2 Subject to the provisions of clause 2.4, the Service includes without limitation the provision of the accommodation package booked by the Guest and all supporting services more particularly described in the description of the Service provided to the Guest with the Booking Confirmation.
3.3 For the avoidance of doubt, the cost of food drink, tickets and other services available on the Site are not included within the Price for an accommodation package unless specifically otherwise stated in the Booking Confirmation.4.
OBLIGATIONS OF THE GUEST The Guest shall, and shall procure that all members of his, her or its party shall:
4.1 provide Elephant Camp with full contact details to include mobile phone number, email address and home address (if different from billing address) so that Elephant Camp may keep the Guest updated regarding any relevant development related to a Booking and/or to contact the Guest in case of an emergency, at the Event or otherwise;
4.2 not enter any structure or areas of the site at an Event where the accommodation is located which has been designated by Elephant Camp as not for public access whether for reasons of safety or otherwise;
4.3 ensure that any tent or other accommodation provided to the Guest and to members of his, her or its party as part of the Service, shall be kept completely closed and secure and, in particular, any door fastened when the accommodation is not in use;
4.4 not smoke or light, allow to be lit, any fire, candle or other naked flame within or near the accommodation or any other structures provided by Elephant Camp at the Site during an Event.
4.5 not use any lighting, heating, cooking, or other gas or electrical appliances of any kind at an Event without the express prior written consent of Elephant Camp;
4.6 not tamper with the accommodation or any part of any structure on the Site and, in particular but without limitation shall not fix or suspend any item whatsoever to or from any structure on the Site without the prior written consent of Elephant Camp;
4.7 vacate the Site at the end of the Hire Period by the time stated in the Booking Confirmation or as otherwise communicated to the Guest by Elephant Camp;
4.8 behave in an appropriate manner on the Site at all times during the Hire Period. If Elephant Camp feels that the Guest or any member of the Guest’s party has behaved inappropriately it shall have the right in its sole discretion to require that the Guest vacates the accommodation or the Site or to bar the Guest and/or any member of his, her or its party from any part of the Service. The Guest acknowledges that in such circumstances neither he, she or it shall not be entitled to any form or refund or other compensation and that if the Guest or a member of his, her or its party refuses to leave the Site Elephant Camp reserves the right to have him, her or them removed.
5. PRICE AND PAYMENT
5.1 The price for provision of the accommodation at the Event during the Hire Period and for the Tickets shall be the Price.
5.2 Save as specifically otherwise provided the cost of all supporting services provided as part of the Service including, without limitation, food and beverages provided through catering facilities and bar services shall be separately paid for by the Guest as the time of consumption.
5.3 The Price shall be paid at the time or times specified on the Invoice.
5.4 The Price and all other sums payable by the Guest shall be subject to VAT which shall be added to the Invoice or otherwise charged at the prevailing rate as applicable.
6.1 Tickets will be supplied to the Guest on arrival at the Event and will not be sent out in advance.
6.2 Tickets are not transferable. Once names have been submitted for Tickets, it will not be possible to transfer Tickets, change names on Tickets or make a refund for Tickets.
6.3 Official photographic identification must be carried by the Ticket holder to ensure entry to the Event. Elephant Camp shall have no responsibility for any inability of any member of the Guest’s party to access any part of the Event due to a failure to carry official photographic identification.
7. LOSS OR DAMAGE
7.1 The Guest shall be responsible for the safe keeping and cleanliness of the accommodation included within the Service together with its contents throughout the Hire Period, fair wear and tear excepted.
7.2 The Guest shall be treated in all respects as being satisfied with the accommodation provided by Elephant Camp unless he, she or it expressly notifies Elephant Camp of any damage or other matter with which he, she or it is not satisfied immediately on taking up residence at the beginning of the Hire Period.
7.3 To the extent the Guest or any member of his, her or its party causes any damage or excessive soiling to the accommodation or any of its contents the Guest shall indemnify Elephant Camp on demand for the full cost of repairing the damage or carrying out any cleaning required.
7.4 For the avoidance of doubt the Guest shall have no responsibility for any damage to the accommodation caused by the negligence of Elephant Camp or the actions of an unrelated third party.
8.1 Elephant Camp may cancel the Contract on giving written notice to a Guest in the circumstances specified in Condition 2.3. For the avoidance of doubt in such circumstances any deposit previously paid shall not be refundable.
8.2 Either party shall have the right to cancel the Contract on giving written notice to the other without penalty at any time within seven (7) days of date of Invoice. In the event of cancellation in such circumstances, Elephant Camp shall refund to the Guest all sums paid by the Guest to Elephant Camp (if any) in respect of the Price.
8.3 In the event the Guest cancels the Contract in writing after expiry of the seven (7) day period referred to in clause 8.2 but not later than 60 days prior to the commencement of the Hire Period (but for the avoidance of doubt excluding a situation where the Event is postponed and re-arranged as referenced in Condition 8.8(ii)) Elephant Camp shall refund to the Guest 50% of the Price paid.
8.4 In the event that the Guest cancels the Contract within 60 days of the commencement of the Hire Period the Guest shall not be entitled to a refund of any part of the Price.
8.5 Save in circumstances specified in Condition 8.1 or 8.2 in the event that Elephant Camp cancels the Contract it shall refund to the Guest 100% of the Price. For the avoidance of doubt the occurrence of any event making the Contract impossible to perform or without commercial purpose shall not be treated as cancellation of the Contract by Elephant Camp and, in such circumstances, Condition 8.8 shall apply.
8.6 The Guest recognises that Elephant Camp incurs costs in advance of the provision of the Service and that in recognition of this no refund of the Price in excess of the amounts specified in these Terms shall be made under any circumstances.
8.7 If a Booking was made via an Agent then all cancellation requests should be directed in writing to that Agent. For the avoidance of doubt Elephant Camp shall not under any circumstances be liable, in any situation where it agrees to refund the Price or any part of it, for any mark-ups, agency fees or other costs charged to a Guest by an Agent.
(i) Elephant Camp shall forthwith notify the Guest of any circumstances where it becomes impossible to provide the Service for reasons beyond its control or where the Contract has lost all commercial purpose, including for the avoidance of doubt any restrictions imposed for public health reasons in connection with Covid-19 or any similar pandemic or epidemic.
(ii) In the circumstances referred to in Condition 8.8(i), the Event will be postponed and Elephant Camp will, if possible and practicable in all the circumstances, re-arrange the Event at a time to be notified to Guests within 15 months of the date on which the Event was originally proposed to be held.
(iii) Should the Event be postponed and re-arranged Elephant Camp shall not be required to return the Price or any part of it and the Guest and all persons for whom that Guest may have purchased Tickets within a Booking shall be entitled to attend the re-arranged Event on exactly the same terms (save as to the date) as originally contracted. For the avoidance of doubt a Guest shall not be entitled to repayment of 50% of the Price if he she or it cancels a Contract more than sixty (60) days prior to a re-arranged Event
(iv) In the event that the Event cannot be arranged within the said 15 month period for any reason, Elephant Camp shall be entitled to retain any monies expended by it in performance of the Contract (including a reasonable contribution to its overhead and in respect of services performed) up to the point where the Contract became impossible to perform as a re-arranged Event.
(v) Without limitation to any other provision of this Condition 8.8, Elephant Camp will in the event it becomes impossible re-arrange a postponed Event, always endeavour to reach arrangements with Guests that are fair and equitable.
9. LIMITATION OF LIABILITY
9.1 Elephant Camp hereby accepts liability for causing death or personal injury to a Guest due to its negligence.
9.2 Save otherwise provided in this Condition 9, Elephant Camp’s liability for any loss or damage suffered by a Guest or a member of his party in contract or in tort shall be strictly limited to and shall not exceed the amount of the Price.
9.3 Notwithstanding any other provision of these Terms, Elephant Camp shall not under any circumstances be liable for indirect or consequential losses suffered by a Guest or a member of his, her or its party howsoever incurred.
9.4 Elephant Camp shall have no liability to a Guest or to any member of his, her or its party unless a claim is initiated within six (6) months of the end of the Hire Period.
10. FORCE MAJEURE
10.1 Without limitation to the provisions of clause 8.8, neither party shall have any liability to the other for any failure or delay in the performance of any of its obligations hereunder (to include all events traditionally viewed as ‘force majeure’ occurrences) where such failure of delay was caused by any reason beyond the reasonable control of the party in question.
10.2 In any force majeure situation where a party is unable to carry out any obligation hereunder that party shall forthwith notify the other party and the obligation of the first party shall be suspended until it becomes capable of performance once more.
10.3 Notwithstanding the provisions of Condition 10.2 if a force majeure situation subsists for 30 days or more either party may cancel the Contract on giving written notice to the other and the provisions of Condition 8.8 shall apply.
11.1 Choice of Law. These Terms shall be subject to English law and any dispute shall be subject to the exclusive jurisdiction of the English courts.
11.2 Data Protection. Elephant Camp shall treat all personal data provided to it by any Guest as completely confidential and shall only process the same in accordance with the General Data Protection Regulation or any successor data protection legislation.
11.3 Health and Safety. In providing the Service Elephant Camp shall comply with all applicable health and safety legislation at all times.
11.4 Variations. Without prejudice to the provisions of Condition 12, no variations to these Terms shall apply once a Contract has been concluded unless made in writing and signed by both Elephant Camp and the Guest.
11.5 Notices. Any notice given hereunder shall be properly given if made in writing and either delivered personally or sent by email to the email address of the person to whom it is directed. Delivery by email shall be deemed as having been made on the date of transmission
12. CHANGES TO TERMS These Terms may be amended and updated from time to time and Guests who have previously made a Booking with Elephant Camp are advised to check that there have been no amendments to the Terms since the date of their last Booking. The Terms that will apply to a Booking and which will be incorporated into any subsequent Contract will be the Terms applicable at the date of the Booking Confirmation.
30 April 2021