1. BOOKINGS ON THE WEBSITE

   1. To complete a booking, you first have to place an order for the Service. Then, this booking has to be accepted by us.

   2. To make a booking you must be 18 years of age or over and you will have to select the Services on the website, select your preferred date and time and, if you like, other optional services, and finally click on the “CONFIRM” button. 

   3. When you make a booking through the website you will receive an automated email confirming receipt of your booking request. The Booking Receipt email contains full details of your booking. Please note the Booking Receipt email is NOT already an acceptance of your booking.

   4. When your Booking is accepted by us, we send you an email confirming your booking ("Booking Confirmation email").

   5. Once you receive the Booking Confirmation email, your booking has been finally accepted by us and the Service Contract between you and us is concluded in relation to the Services actually provided. Such a contract is composed by: your booking request; our Booking Receipt and Booking Confirmation emails; the then current Terms shall apply.

 

1. REQUEST FOR THIRD PARTY SERVICES

We may at our sole discretion decline or agree to provide Third Party Services you have requested at your expense or at our sole discretion at our expense. Doing so we have no responsibility for the performance or outcome of the service provided by the third party.

 

1. CANCELLATION 

   1. We will attempt to accommodate requests to reschedule the date of booking, but cannot guarantee that such requests will be honoured, and acceptance of such requests is at our sole discretion. Any out-of-pocket costs associated with cancellation shall be your responsibility.

   2. If a booking is to be rescheduled a) due to a Force Majeure Event; or b) our unavailability; then we agree to reschedule a booking at the earliest possible mutually convenient date and time. 

   3. Notwithstanding the foregoing, we have sole discretion to determine whether to reschedule a booking or to refund you.

   4. If a rescheduling request is received up to 7 days prior to a booking, we will refund the total value of the booking. 

   5. If a rescheduling request is received less than 48 hours prior to a booking, we will charge at its sole discretion a cancellation fee of at least 50% and up to the value of the booking. 

   6. If a cancellation request is received less than 12 hours prior to a booking, we will charge at its sole discretion a cancellation fee of at least 100% and up to the value of the booking.

 

1. WHEN BOOKINGS ARE NOT ACCEPTED

   1. While we do our best to always accept bookings, we could however refuse a  bookings in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; we discover that there was an error on our Site relating to the Services you booked, for example as regards the price or description displayed; the Services you ordered are unfortunately no longer available; We have reasonable grounds to believe that you intend to resell the Services. 

   2. If we cannot accept your booking, we will contact you by email as soon as possible but in any case, no later than 7 days from the date of your booking. If we cannot accept your booking because the Services are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such booking.

 

1. CHARGEBACKS OR SECTION 75 CCA 1974 CLAIMS

You agree to contact Pop Up Arcade prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Pop Up Arcade, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

 

1. DAMAGE TO EQUIPMENT

   1. For the purpose of this Clause 10, the term you shall include you and any event participant to whom we make our Arcade Equipment (“Equipment”) available for the purpose of providing the Services hereunder.

   2. You agree that, prior to the beginning of the event, you shall have the right to review and inspect the Equipment to confirm it is in good operating condition. You agree to immediately notify us if any Equipment is defective or not in good operating condition. 

   3. Your failure to review or inspect the Equipment prior to the start of the event or notify us if the Equipment is defective or not in good operating condition shall be deemed an acknowledgment that the Equipment is in good operating condition. 

   4. You agree to pay for all damages because of lost, damaged or stolen Equipment, including loss or damage caused by accident, misuse or neglect, based upon repair costs for reparable Equipment or full replacement cost for lost, stolen or irreparable Equipment. However, should the Equipment be damaged, lost or stolen due to our negligence, we shall be responsible for the repair or replacement of the Equipment. In no event will we be liable for any damages or loss you have caused, in whole or in part, by the loss, malfunction or damage to any Equipment.

 

1. ACCURACY OF BILLING INFORMATION

You agree to provide current, complete and accurate purchase information for all bookings made with us. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

1. ERRORS, INACCURACIES AND OMISSIONS

   1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).

   2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. 

 

1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

   1. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

   2. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

   3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.

   4. You expressly agree that your use of, or inability to use the Service is at your sole risk. The service and all and Services delivered to you is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

   5. In no case shall Pop Up Arcade, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any product, or otherwise made available via the service, even if advised of their possibility.

   6. Nothing in these terms and conditions excludes or restricts Pop Up Arcade’s liability for death or personal injury resulting from any negligence or fraud on the part of Pop Up Arcade.

 

1. TERMINATION

   1. 10.1.The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

   2. 10.2.These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.

   3. 10.3.If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

1. DISCLAIMERS

   1. Pop Up Arcade makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

   2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

 

1. AVAILABILITY OF THE WEBSITE

   1. 12.1.The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

   2. 12.2.Pop Up Arcade accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

1. LIMITATION OF LIABILITY

   1. 13.1.To the maximum extent permitted by law, Pop Up Arcade accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

   2. 13.2.Nothing in these terms and conditions excludes or restricts Pop Up Arcade’s liability for death or personal injury resulting from any negligence or fraud on the part of Pop Up Arcade.

 

1. NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

1. PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

1. SEVERANCE

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

1. LAW AND JURISDICTION

These terms and conditions and the relationship between you and Pop Up Arcade shall be governed by and construed in accordance with the Law of England and Wales and Pop Up Arcade and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.