TerMs & ConDiTiOns
Terms and Conditions of HCC online shop and visiting the HCC.
These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site.
By completing an order on our Site you are accepting these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 20 (Our Right to Vary These Terms). Every time you wish to order our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th February 2018.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
1.1 We operate the website www.hemsleyconservationcentre.com. We are the Hemsley Conservation Centre LTD trading as Hemsley Conservation Centre, a company registered in England and Wales under company number 9399973 and with our registered office at Hemsley Conservation Centre, Crabtree Close, Fairseat, Kent, TN15 7JL. Our trading address is at Hemsley Conservation Centre, Crabtree Close, Fairseat, Kent, TN15 7JL (the Zoo).
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If you wish to make any changes to your order or information provided once you have already placed an order, please contact us on 01732823996. However, we cannot guarantee that we will be able to act on any request changes at this point.
2.2 When you place an order through our Site, this will be an offer by you to purchase those items displayed in your shopping basket.
2.3 After you place an order, you will be provided with an order reference number, which you should retain. Our acceptance of your order will take place as described in clause 2.4 below.
2.4 We will confirm our acceptance to you by sending you an email that contains your barcoded e-ticket (where applicable), confirms the details of the cost of your order, any delivery or postal charges and any estimated date of dispatch, together with other important information (Confirmation). Once your order is complete, payment will be taken from your card at which point the Contract between us will be formed.
2.5 You should print out and retain your Confirmation email in the event that you need to contact us about your order.
3. Please note that once you have placed an order on our Site, you are unable to cancel your order and all Services on our Site are non-refundable save for in exceptional circumstances. However, if you are unhappy with any physical items or goods we have provided to you as part of any Service ordered on our Site, you may return and obtain a refund in accordance with clause 17 (Our Guarantee and Warranty).
4.1 All admission tickets purchased on our Site entitle the holder to access the Zoo subject to these Terms.
4.2 The prices of all tickets are as quoted on our Site from time to time in accordance with clause 21 (Price of Services and Delivery/Postal Charges) and must be paid in advance at the time of booking in accordance with clause 21.6. Please note that all ticket prices quoted on our Site apply when purchasing through our Site only.
4.3 For the purposes of ticket purchases, the following definitions which are used on our Site shall apply:
(a) Adult means a person aged from 18 years old to 64 years old inclusive;
(b) Carer means a person who accompanies a Disabled person for the purpose of providing them necessary support and assistance with accessibility to the Zoo;
(c) Child means a person aged from 2 years old to 14 years old inclusive;
(d) Concession means a Senior Citizen or Student;
(e) Disability means a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal daily activities within the meaning of the Equality Act 2010 and Disabled shall be construed accordingly;
(f) Donation Price means the price for a ticket to access the Zoo.
(g) Group means a group of 15 or more people, including Adults, Children, Senior Citizens or Students;
(h) Infant means a child aged under 2 years of age;
(i) Senior Citizen means a person aged from 65 years old;
(j) Student means a person who is in full time education and holds a valid and current identity card which shows they are a student.
(k) Educational Establishments includes Ofsted registered early years settings such as child-minders, nurseries and pre-schools. Also primary schools and secondary schools including local authority, community , religious, free schools, academies, sixth form colleges and independently run schools. Also includes home educators of school aged children (with proof of home education status of each child), FE and HE colleges and universities and international schools (during term time).
4.4 Open Tickets are valid for one entry to the Zoo until the date quoted on the Confirmation, received in accordance with clause 2.4 above (How the Contract is Formed Between You and Us).
4.5 Advance Tickets are valid for entry to the Zoo only on the date that is specifically chosen.
4.6 Gift tickets are valid for entry to the Zoo for one date during a 12 month period commencing on the date that you receive Confirmation in accordance with clause 2.4 above (How the Contract is Formed Between You and Us) when the Zoo is open for business.
4.7 Normal admission tickets or gift tickets referred to in this clause 4 are not valid for entry to any Special Events (see clause 16 (Special Events)).
4.8 Discounts may apply to one or more ticket types and will be as stated on our Site from time to time. If you are purchasing a discounted rate ticket then you will be required to provide us with an accepted form of entitlement evidence at the point of entry to the Zoo. Accepted forms will be set out in our Confirmation (see clause 2.4 (How the Contract is Formed Between You and Us)).
4.9 Visitors with Disabilities can admit one carer to the Zoo free of charge upon producing proof of Disability, such as a “Blue Badge” car parking permit issued by their local Council or a letter from the Department for Work and Pensions with confirmation and photographic identification. Further information on accessibility for our Disabled visitors can be found here.
4.10 Children age of 2 years old and under are permitted entry to the Zoo free of charge.
4.11 Where you have selected a specific date to visit the Zoo when purchasing your ticket and we are subsequently unable to accommodate you on that date for any reason other than your failure to comply with these Terms, we will use reasonable endeavours to agree an alternative date with you but, in the event that this proves impossible, we reserve the right to cancel your booking and provide you with a refund of the price paid to us for your ticket.
4.12 When you have received booking Confirmation in accordance with clause 2.4 (How the Contract is Formed Between Us), (save for in relation to gift tickets – see clause 4.13), your e-ticket will automatically be dispatched to the email address provided at the time of booking. Please ensure that you print the e-ticket and bring it with you when you visit the Zoo. Alternatively, you can scan your e-ticket on admission if saved on your smart mobile phone.
4.13 Gift tickets will be dispatched to the address specified within approximately 3 – 5 working days. We shall not be held liable for any delays in delivery once we have dispatched your tickets. It is your responsibility to ensure that the information supplied to us is accurate before making any purchase. We are only responsible for issuing tickets in accordance with the information you provide when booking.
4.14 Except as otherwise set out in these Terms all tickets are non-exchangeable and non-refundable. No tickets are permitted for resale to any third party. Any tickets which have been altered in any way will be void. Except in the unlikely event of a total closure of the Zoo where clause 4.11 applies we are unable to refund any tickets in the event of adverse weather conditions or any other unforeseeable events which are beyond our reasonable control in accordance with clause 25 (Events Outside Our Control).
PARKING AND ADMISSION
6.1 We provide FREE parking for visitors to the zoo. Users of our car park do so at their own risk. The Hemsley Conservation Centre will not accept liability for any accidents, damage or loss incurred.
6.2 All visitors to the Zoo must pay for admission, hold a valid admission ticket, voucher or Membership card that must be retained at all times and submitted for inspection if required by our staff. Any person attempting to gain admission to the Zoo or being found inside the Zoo without a valid admission ticket, voucher or Membership card may be asked to leave the Zoo premises immediately.
6.3 Admission to the Zoo will only be permitted up to half an hour before the Zoo’s closing time (see clause 9 (Opening Times and Availability)).
6.4 No child under the age of 14 years will be admitted to the Zoo unless they are accompanied by an adult who is over the age of 18 years. All such children must remain under the control or supervision of an adult at all times whilst on the Zoo premises.
6.5 No dogs or other pets shall be permitted entry to the Zoo, with the exception of guide dogs and other registered assistance dogs which are permitted in certain areas of the Zoo. When visiting the Zoo with a registered assistance dog, please contact us in advance and we will provide you with a map on arrival to the Zoo which shows you the route you must follow. For further information on accessibility for our Disabled visitors, please see here.
6.6 We reserve the right in our absolute discretion to refuse entry to the Zoo, prohibit from any future entry to the Zoo or escort from the Zoo premises, any person who contravenes the Zoo regulations set out at clause 10 (Zoo Regulations) below.
6.7 Admission to the Zoo is subject to the condition that, if requested to do so, you will allow yourself and/or your belongings to be searched by our staff.
6.8 Re-entry to the Zoo following admission is not permitted without our consent.
8.1 Any third party promotions are subject to the terms and conditions provided by the third party supplier and you should read these carefully, including any expiration dates which are stipulated before purchasing any tickets or other Services from our Site to ensure that any voucher or discount code is valid.
8.2 Many promotions are only redeemable at the Zoo’s admissions gate and cannot be used in conjunction with any other offer or discount.
8.3 We are not a party to and will not in any circumstances become involved in or liable for any third party’s terms and conditions of promotion or any dispute arising out of or in connection with them.
8.4 We reserve the right to reject any promotional voucher or discount code for any reason whatsoever.
OPENING TIMES AND AVAILABILITY
9.1 Details of our opening times throughout the calendar year are available here.
9.2 We always endeavour to ensure that as many exhibits and attractions as possible are available for view or use by visitors. We may, however, without any prior notice and, save as expressly provided in these Terms, without refund or compensation, change the opening hours of the Zoo or attractions, close the Zoo or any part of it temporarily, remove some animals from show to the public, restrict the number of visitors having access to the Zoo and/or suspend or cancel any attraction or entertainment programme due to, without limitation, capacity, adverse weather conditions or the scheduling of special events, to ensure the safety, security or order of our animals and other attractions, our visitors, employees and representatives, or if we consider in our discretion that the circumstances so require.
9.3 We shall not be responsible or liable for any events beyond our reasonable control where we take such action described at clause 9.4 above in accordance with clause 25 (Events Beyond Our Reasonable Control).
10.1 We reserve the right in our absolute discretion to refuse entry to the Zoo, prohibit from any future entry to the Zoo or escort from the Zoo premises, any person who whilst on the Zoo premises:
(a) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a matter, which may provoke a breach of the peace or disrupt any of our animals;
(b) takes into the Zoo or is found to have on their possession offensive weapons or dangerous articles;
(c) fails to follow the written or verbal health and safety instructions of each area or attraction at the Zoo or behaves in a matter which may endanger the safety or that person, other visitors or animals at the Zoo;
(d) feeds or attempts to feed any of the animals, save for where such feeding is part of an organised event or experience for which that person has validly been admitted to the Zoo;
(e) consumes alcoholic beverages in an area of the Zoo which is not authorised in accordance with the Licensing Act 2003; takes alcoholic beverages into the Zoo on admission; is found with alcoholic beverages on their possession; or appears to be under the influence of alcohol or illegal drugs or other substances; or
(f) behaves in a manner, which in our opinion is or likely or is likely to affect the enjoyment of other visitors.
10.2 The climbing of or standing upon fences, barriers, walls, structures or buildings on Zoo premises is strictly prohibited.
10.3 All smoking (including but not limited to cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars, herbal cigarettes and e-cigs/e-cigarettes) is strictly prohibited within the Zoo premises, with the exception of those designated smoking areas which can be found on the Zoo map.
10.4 The use of bicycles, scooters, rollerskates, rollerblades, skateboards or any such other item is prohibited on the Zoo premises and entry into the Zoo with any such items of this nature will be denied, with the exception of:
(a) child ride-along equipment which is fitted with a secure adult height control handle. Where such equipment is used, the supervising adult is deemed to accept all responsibility to ensure the safe use of the equipment without causing distress, injury or nuisance to other visitors or our staff; and
(b) bicycles and other wheeled equipment used by our staff in the day to day operation of their employment duties.
10.5 Clothing which is, in our opinion, offensive to other visitors is prohibited from being worn on the Zoo premises. Shoes and shirts/tops must be worn at all times.
10.6 Only persons or organisations authorised by us are permitted to sell or offer for sale any goods or services to visitors on the Zoo premises.
11.1 From time to time we and third parties to whom we have provided authority may take photographs and/or video recordings of the Zoo premises, including the car parks and surrounding areas which may feature visitors. By accepting these Terms, you agree that the Zoo or any authorised third party may use such images in perpetuity in any promotional or publicity material in any format whatsoever. You further agree that all copyright and any other intellectual property rights that subsist in or arise out of these materials shall be absolutely owned by us or such authorised third party (subject to our agreement) as the case may be.
11.2 Any photographs and/or video or other image recordings which you take whilst on the Zoo premises (Images) are deemed to be for personal domestic use only. Filming and/or photography for Public Broadcast, commercial purposes, training or student projects are strictly prohibited without the express prior written agreement of the Zoo. For the purposes of this clause 11.2, Public Broadcast means transmitting Images to a group of more than 10 people at one time, including by radio or television. Please contact us on 01732 823 996 for further information in this regard.
11.3 For the avoidance of doubt, nothing in this clause 11 prevents you from uploading personal Images to social media websites to share for domestic purposes only.
12.1 By purchasing membership for the Hemsley Conservation Centre (Membership), you agree to the terms set out in this clause 12 and the Rules of the Hemsley Conservation Centre.
12.2 All Memberships purchased on our Site entitle the holder to unlimited free access to the Zoo during normal opening times (see clause 9 (Opening Times and Availability)) for a period of either 6 or 12 months commencing on the date that you receive Confirmation in accordance with clause 2.4 (How the Contract is Formed Between us), or such other date agreed between us. Membership holders can access the Zoo subject to these Terms.
12.3 The benefits and prices of Membership packages are as quoted on our Site from time to time. We reserve the right to reduce or alter such benefits attached to any Membership package at any time. Memberships package prices are in accordance with clause 21 (Price of Services and Delivery/Postal Charges) and must be paid in advance at the time of booking in accordance with clause 21.6.
12.4 For the purposes of Membership purchases, the following definitions which are used on our Site shall apply:
(a) Adult means an individual aged from 18 years old plus;
(b) Family Membership means a single Membership for at least one Adult and one Junior Member;
(c) Joint Adult Membership means a single Membership for two or more Adults who can access the Zoo jointly or independently of one another with a valid Membership card;
(d) Junior Membership means Membership for a child aged from 2 years to 14 years inclusive;
(g) Student Membership means Membership for an Adult (16+) who is in full time education and holds a valid and current identity card which shows they are a student at the time of entry.
12.5 All Members will be issued with a photographic Membership card (one per person) which can be collected from the Zoo. Membership cards are for the named card holder only and are not transferable.
12.6 Members shall only be permitted entry to the Zoo during normal opening hours without paying the full current ticket admission price on the production of a valid Membership card. Any Membership cards which have been altered in any way will be void. Membership cards remain our property at all times. An administration charge of £1.00 will be incurred for the replacement of any lost or stolen Membership cards.
12.7 Membership cards are not valid for entry to any special events (see clause 16 (Special Events).
12.8 We reserve the right to reject applications for Membership or Membership renewals at our own discretion.
12.9 When you have completed 12 months’ Membership and at the end of every 12-month period thereafter, we will write to you to giving you the option of renewing your Membership for an additional 12-month period to commence consecutively. You will be given various payment plan options, including direct debit which will be subject to additional terms and conditions.
12.10 Discounts may apply to one or more Membership packages (including for Members 65 years old and over and Students) and will be as stated on our Site from time to time. If you are purchasing a discounted rate Membership then you will be required to provide us with proof of entitlement at the point of collecting your Membership card (for example, photographic identification such as a passport or driving licence, pension booklet or NUS card).
12.11 Members with Disabilities can admit one carer to the Zoo free of charge upon producing proof of Disability, such as a “Blue Badge” car parking permit issued by the Council or a letter from the Department for Work and Pensions with confirmation and photographic identification. Further information on our Disability Policy can be found here.
12.12 All Membership packages purchased are non-exchangeable, non-refundable and are not for resale. We are unable to make any refunds in the event of adverse weather conditions or any other unforeseeable events which are beyond our reasonable control in accordance with clause 25 (Events Outside Our Control).
13.1 By purchasing an animal adoption advertised on our Site from time to time (Adoption), you agree to the terms set out in this clause
13.2 The benefits and prices of our Adoption packs for you or for a gift are as quoted on our Site from time to time. We reserve the right to reduce or alter such benefits attached to any Adoption package at any time. Adoption pack prices are in accordance with clause 21 (Price of Services and Delivery/Postal Charges) and must be paid in advance at the time of booking in accordance with clause 21.6.
13.3 When you purchase an Adoption, you are purchasing a share (or multiple shares) in an adoption of your chosen animal species, not an individual animal. As such, you are adopting a whole species. No animals (individual or species) will be exclusively adopted by one individual.
13.4 Adoption does not imply ownership, nor does it create any liabilities in respect of any animal adopted.
13.5 Each Adoption is for a term of 12 months. One month before the end of the initial term and every 12 month period thereafter, we will write to you giving you the option of renewing that Adoption for an additional 12 month period to commence consecutively. Payment for renewals must be made in advance. At the point of each renewal, you will have the option of selecting a different species to adopt. Each 12 month term shall commence on the date specified when you applied to purchase an Adoption (where practicable) or if no date is specified, the date that we process the Adoption. This date will be stated on your personal certificate which you will receive with your Adoption welcome pack in any event.
13.6 We reserve the right to refuse applications for Adoptions at our sole discretion.
13.7 All Adoption packs purchased are non-exchangeable, non-refundable and are not for resale.
13.8 Any complimentary admission tickets issued with your Adoption pack are only valid for the specified times printed on the ticket. These tickets are only valid during our standard opening times (see clause 9 (Opening Times and Availability) and are not valid for admission to any special events (see clause 16 (Special Events.))
13.9 We do not make any guarantees that the species you have adopted will be on show or available for public viewing at the times that you visit the Zoo.
13.10 Once you have purchased an Adoption and receive email confirmation from us of your purchase, please allow 7 – 10 days for your Adoption welcome pack to arrive by post. Delivery may be longer around busy periods such as Christmas. We shall not be held liable for any delays in delivery once we have dispatched your Adoption pack.
ANIMAL ENCOUNTER DAYS
14.1 By purchasing any one of our animal encounter days advertised on our Site from time to time (Encounter Days), you agree to the terms set out in this clause 14.
14.2 The contents of each Encounter Day and the prices are as quoted on our site from time to time. We reserve the right to reduce or alter the contents or programme of any Encounter Day at any time. Encounter Day prices are in accordance with clause 21 (Price of Services and Delivery/Postal Charges]) and must be paid in advance at the time of booking in accordance with clause 21.6.
14.3 Encounter Day tickets are only valid for the specific date chosen when booking and that date stated in our email Confirmation in accordance with clause 2.4 (How the Contract is Formed Between You and Us). In the event that we have to reschedule any Encounter Day to a different date and you are unable to attend the rescheduled date we reserve the right to cancel your booking and provide you with a refund of the price paid to us for the experience day.
14.4 We reserve the right to alter or reschedule any experience day purchased with or without notice for reasons beyond our control, including but not limited to animal welfare, health and safety, staff shortages, adverse weather or changes to our animal collections. Experiences are non-refundable, however, where altered, we will always endeavour to replace any purchased Encounter Day with a similar programme to that advertised and keep any changes to a minimum. Please be aware that rescheduling may occur on the same day of your Encounter Day. We cannot be held liable for any travel, accommodation or other related costs or expenses in the event that an experience day is rescheduled.
14.5 The description of each experience advertised on our site, including the duration is only an approximate guide as to what you should expect from the programme on the day and is subject to variation. This will be dependent on a number of factors including but not limited to availability of staff, weather conditions, the health and wellbeing of the animals or other attractions advertised and current availability of any complimentary items such as gifts and certificates. The HCC reserves the right to alter the itinerary on any given day due to animal welfare or health issues but will ensure that if so, this activity is replaced with another similar one.
14.6 The HCC cannot be held responsible for the weather, and experiences will go ahead regardless of the conditions. However in exceptional circumstances if the experience is cancelled by the HCC, due to weather constraints, an alternative date will be arranged.
14.7 The HCC reserves the right to alter dates, times and prices or facilities for any reason without any prior notice. The management reserves the right to move animals or make alterations or improvements. We apologise in advance for any inconvenience caused.
14.8 You must arrive to the designated area of the zoo for the experience at the pre-booked time. Should you arrive late, we reserve the right to cancel your encounter without rescheduling or refund. Once a tour/experience has begun it will be the discretion of the HCC staff to determine if it is possible to join a shared experience once it has begun. If in any instance the experience is able to be re-scheduled, it will be subject to a £25 re-booking fee per participant.
14.9 All experience tickets purchased are not for resale, and, save as otherwise expressly provided in these Terms, non-exchangeable and non-refundable.
14.10 Unfortunately, some visitors will be unable to participate in some of our experiences (in whole or in part) due to health and safety issues, allergies, phobias, disabilities or pregnancy.
14.11 Whilst we will endeavour to accommodate any visitor with a disability or learning difficulty who has purchased an experience, this cannot always be achieved for practical and health and safety reasons. Please contact us for advice in this regard before making any purchase.
14.12 Once the experience/tour date has been booked, it cannot be rescheduled and is non-refundable unless due to exceptional circumstances: eg: serious illness/injury, pregnancy or bereavement. This is at the HCC’s discretion.
14.13 The HCC reserves the right to reschedule any of the booked dates for the experiences and will provide as much notice as possible; however this cannot always be guaranteed.
14.14 If an experience is cancelled by the HCC then an alternative date will be arranged.
14.15 If for any reason the ownership of the voucher is in contention, we will automatically defer the ownership to the purchaser whose details were given on purchase.
14.16 Each experience/tour carries a minimum age for a reason; please adhere to this when booking otherwise it may result in our keepers/rangers turning you away on the day. There will be no refunds offered if you do not adhere to age restrictions.
14.17 If you do not book in your VIP Experience to take place within the given 12 months validity, the voucher will become void and cannot be extended, refunded or transferred.
14.18 The following additional terms apply for these specific Encounter Days:
(a) Junior Zookeeper
(i) Please note that we can run the junior zookeeper for up to four participants. This may mean that on busy days you may be participating with other people. Exclusivity can be arranged at an additional fee, please contact us for more details.
(b) Meet the Meerkats/Lemurs
(i) Children: must each be at least 5 years of age and be accompanied by a spectating adult (subject to HCC admission fee).
(c) Meet the Kinkajous/Porcupines
(i) Children: must each be at least 12 years of age and be accompanied by a spectating adult each (1 adult per child), no more than 2 children at a time. Each adult must also have a valid admission ticket.
(d) Small Carnivore VIP
(i) Minimum age: 16 - Those under 18 years of age must be accompanied by an adult subject to standard entry.
15.1 By purchasing any gift voucher advertised on our Site from time to time (Gift Voucher), you agree to the terms set out in this clause.
15.2 Subject to clause 13.5 above in relation to Adoptions, Gift Vouchers are valid for up to 1 calendar year from the date of Confirmation in accordance with clause 2.4 (How the Contract is Formed Between You and Us). The expiry date will be clearly displayed on the front of the Gift Voucher in any event.
15.3 Gift Vouchers cannot be exchanged for cash value and are not for resale.
15.4 Once you have purchased a Gift Voucher and have received Confirmation in accordance with clause 2.4 (How the Contract is Formed Between Us), please allow approximately 10 days for the Gift Voucher to arrive by post. Delivery may be longer around busy periods such as Christmas. We shall not be held liable for any delays in delivery once dispatched.
16.1 We run special events on an ad hoc basis which will be listed on the “What’s On Calendar” on our Site from time to time (Special Events) and only available for a limited period of time, subject to availability. By purchasing any one of our Special Events you agree to the terms set out in this clause 16. For additional terms and conditions in respect of individual Special Events, please refer to the relevant booking page which you are deemed to accept when making a purchase.
16.2 For the purposes of Special Event ticket purchases, those definitions set out at clause 4.3 (Tickets) which are used on our Site shall apply.
16.3 The contents or programme of each Special Event and the prices are as quoted on our Site from time to time. We reserve the right to reduce or alter the contents or programme of any Special Event at any time. Special Event prices are in accordance with clause 21 (Price of Services and Delivery/Postal Charges) and must be paid in advance at the time of booking in accordance with clause 21.6.
16.4 Normal admission tickets, including gift tickets (see clause 4 (Tickets)) are not valid for admission into Special Events. Special Event tickets are only valid for the specific time and date stated in our email Confirmation in accordance with clause 2.4 (How the Contract is Formed Between You and Us). We reserve the right to transfer the chosen and confirmed date to another date at any time or offer you an alternative date and will endeavour to provide you with as much notice as possible.
16.5 Once you have purchased a Special Event ticket and have received Confirmation in accordance with clause 2.4 (How the Contract is Formed Between Us), please ensure that you bring your ticket with you or collect your ticket where applicable on the date of your chosen Special Event.
16.6 We reserve the right to alter or reschedule any Special Event purchased with or without notice for reasons beyond our control in accordance with clause 25 (Events Outside Our Control), including but not limited to animal welfare, health and safety, staff shortages, adverse weather or changes to our animal collections. However, where altered, we will always endeavour to replace any purchased Special Event with a similar programme to that advertised and keep any changes to a minimum. Please be aware that rescheduling may occur on the same day of your Special Event. We cannot be held liable for any travel, accommodation or other related costs or expenses in the event that a Special Event is rescheduled.
16.7 The description of each Special Event advertised on our Site, including the duration is only an approximate guide as to what you should expect from the programme on the day and is subject to variation. This will be dependent on a number of factors including but not limited to availability of staff, weather conditions, the health and wellbeing of the animals or other attractions advertised and current availability of any complimentary items such as gifts and certificates.
16.8 You must arrive to the designated area of the Zoo for the Special Event at the pre-booked time. Should you arrive late, we reserve the right to refuse your entry to the Special Event without rescheduling or refund.
16.9 Save as otherwise expressly provided in these Terms, all Special Event tickets purchased are non-exchangeable, non-refundable and not for resale.
16.10 Unfortunately, some visitors will be unable to attend or participate in some of our Special Events (in whole or in part) due to health and safety issues, allergies, phobias, disabilities or pregnancy. In the event that we do not deem that it is safe for you to attend or take part in Special Event, we will provide you with a full refund of the price paid to us for the Special Event.
16.11 Whilst we will endeavour to accommodate any visitor with a disability or learning difficulty who has purchased a Special Event, this cannot always be achieved for practical and health and safety reasons. Please contact us for advice in this regard before making any purchase.
OUR GUARANTEE AND WARRANTY
17.1 This clause 17.1 applies to any items or products (Items) that we provide to you as part of any Service ordered on our Site, save for Packages (see clause 5 ) or any other perishable goods. If you are unhappy with any physical Item for any reason or you change your mind, you may return them to us at your own cost within 14 calendar days of receipt if you send us the proof of purchase. We will at your option, exchange the returned Items or refund you the price you paid for the Item, plus any applicable delivery or postal charges and any reasonable costs you incur in returning the item to us provided the Item(s) are returned in accordance with clause 17.2 below.
17.2 If the Item(s) were delivered to you:
(a) you must return the Item(s) to us at Hemsley Conservation Centre, Crabtree Close, Fairseat, Kent, TN15 7JL as soon as reasonably practicable together with the original packaging and a copy of your Confirmation (received in accordance with clause 2.4 (How the Contract is Formed Between us), together with a brief description of the fault;
(b) you have a legal obligation to keep the Item(s) in your possession and to take reasonable care of the Item(s) while they are in your possession.
17.3 We warrant that any Services we provide to you will be provided using reasonable care and skill.
17.4 As a consumer, you will always have legal rights in relation to Items that are faulty or not as described. We are under a legal duty to supply Items that are in conformity with this Contract. These legal rights are not affected by the guarantee provided at clause 17.1 above, the returns policy in this clause 17 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
By accepting these Terms and purchasing an order for Services on our Site, you warrant that you:
(a) are at least 18 years of age;
(b) have the ability to enter into a legally binding contract;
(c) have the authority to provide us with payment instructions from a payment card or billing account; and
(d) shall not without the Zoo’s express authority use any of our Services for any commercial, business or resale purposes.
The HCC is committed to providing a high quality level of customer service to our visitors, members and supporters. We invite feedback because it enables us to ensure the continuous improvement of the services and facilities we provide.
We want to make sure that your engagement with the HCC is memorable and enjoyable for all the right reasons, however we understand that sometimes things can go wrong and you find yourself needing to contact us. In these situations, we promise that we will:
• Treat any comments/feedback seriously
• Try to resolve any problems promptly, in no longer than 10 working days (should we require longer we will keep you informed at all times as to the progress of your complaint)
• Utilise any feedback/comments where appropriate to make recommendations for change in order to improve our visitor experience
What do to if you have a complaint
18.1 The sooner you can get in touch with us, the sooner we’ll be able to help you
18.2 Most complaints can be resolved quickly by speaking to one of our members of staff. If they are not the right person for you to speak with they will be able to contact the relevant person for you.
18.3 If you are unable to make a complaint at the time of the issue occurring, please contact us as soon as possible by one of the following means:
• By email at email@example.com
18.4 We will aim to help you as soon as possible, however there may be times when we need do more research into your complaint, or to find out some more information for you. In these circumstances you will be kept informed as to the progress of your complaint and we will aim to resolve it within 10 working days
What if the complaint is not resolved?
18.5 If you are unhappy with our response then please get back in touch with us within 14 days by writing to the address above. Your complaint will be reviewed and a director will respond to you in writing within 10 working days with a final response.
18.6 Should you not follow this complaints procedure and leave your complaints on a review site, our response to this on the review site will be our final response and no further action will be taken.
DATA PROTECTION AND PRIVACY
OUR RIGHT TO VARY THESE TERMS
20.1 We amend these Terms from time to time. The date these Terms were last updated is stated at the beginning of these Terms.
20.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
20.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) Changes in how we accept payment from you; and
(b) Changes in relevant laws and regulatory requirements.
PRICE OF SERVICES AND DELIVERY/POSTAGE CHARGES
21.1 The prices of the Services (including Items as defined in clause 17.1 (Our Guarantee and Warranty) and Packages as defined in clause 5.1 are as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Services on our Site are correct but, in the event of an error in the price of Services you ordered, 21.5 will apply.
21.2 Prices for our Services may change from time to time, but, save in the event of an error to which clause 21.5 applies changes will not affect any order which we have confirmed with a Confirmation email in accordance with clause 2.4 (How the Contract is Formed Between Us).
21.3 The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
21.4 The price of a Service does not include any applicable delivery or postal charges unless otherwise indicated. Where delivery or postal charges apply, they will be as quoted on our Site from time to time on the relevant booking page.
21.5 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. In this event:
(a) where the Service’s correct price is less than the price stated on our Site, we will charge the lower amount; and
(b) if the Service’s correct price is higher than the price stated on our Site, we will contact you by email to the email address provided at the time of placing your order as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within a reasonable period of time, we will treat the order as cancelled and notify you by email.
21.6 Payment for all of our Services online must be made at the time of the relevant transaction using a debit card or credit card. We accept the following cards: Visa, Visa Electron, Mastercard and Maestro.
22.1 This clause applies where you have ordered a Service on our Site that involves delivery of Items (as defined under clause 17.1 (Our Guarantee and Warranty)), including but not limited to Gift Tickets (see clause 4.13 (Tickets)), Adoptions (see clause 13 (Adoptions)) and Gift Vouchers (see clause 15).
22.2 Your order will be fulfilled within the estimate delivery period set out in the Confirmation in accordance with clause 2.4 (How the Contract is Formed between Us), unless there is an Event Outside Our Control in accordance with clause 25 (Events Outside Our Control). If we are unable to meet the estimate delivery date because of an Event Outside Our Control, we will contact you with a revised estimate delivery date.
22.3 Delivery will be completed when we deliver the Items to the address you gave us at the time of making your order.
22.4 The Items will be your responsibility from the completion of delivery.
22.5 You will own the Items once we have received payment in full, including all applicable delivery or postal charges.
23.1 If you order Items from our Site for delivery to a destination outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
23.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
23.3 You must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable or responsible if you break any such law.
24.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
24.2 We only supply our Services for domestic and private use. You agree not to use our Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
24.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987;
(f) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(g) any breach of the terms implied by section 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
EVENTS OUTSIDE OUR CONTROL
25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 25.2.
25.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation epidemics of infectious diseases (such as amongst animals at the Zoo), 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
25.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Items to you (see clause 22 (Delivery)), we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
26.1 When we refer, in these Terms, to "in writing", this will include e-mail.
26.2 If you wish to contact us in writing for any reason, you can send this to us by e-mail or by pre-paid post to Hemsley Conservation Centre, Crabtree Close, Fairseat, Kent, TN15 7JL or firstname.lastname@example.org. You can also contact us on 01732 823 996
26.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
27.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
27.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Service as a gift, you may transfer the benefit of our warranties in clause 17 to the recipient of the gift without needing to ask our consent.
27.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, the recipient of your gift of a Service will have the benefit of our warranties at clause 17 but we and you will not need their consent to cancel or make any changes to these Terms.
27.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
27.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
27.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.