Terms & Conditions
1.1 The following words have the corresponding meanings:
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“Booking” |
your reservation for the specific service(s) from the Provider arranged by us; |
|
“Booking Confirmation” |
has the meaning given to it in clause 3.2; |
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“Car” |
your vehicle that you will be leaving at the Car Park, as set out in the Booking; |
|
“Car Park” |
the car park that you have booked for airport parking, as set out in the Booking Confirmation; |
|
“Collection Point” |
as indicated on your Booking Confirmation; |
|
“Contract” |
the contract between Enjoy and the Customer for the provision of Services in accordance with these Terms and Conditions; |
|
“Customer” |
this refers to you, the person or persons using or proposing to use the Services (also referred to throughout this document as “you” or “your”); |
|
“Enjoy” |
Enjoy Airport Services Limited, a company registered in England with company number 07156413 having its registered office at Unit 7 Borers Yard, Borers Arms Road Copthorne, Crawley, West Sussex, RH10 3LH (also referred to throughout this document as “we”, “our” or “us”); |
|
“Group” |
any
holding company and any subsidiary of either party or any such holding
company from time to time ("holding company" and "subsidiary"
having the meaning given in section 1159 of the Companies Act 2006); |
|
“Hotel” |
the hotel that
you have booked, as set out in the Booking Confirmation; |
|
“Optional Extras” |
in relation to Vehicle
hire, those items selected by you at the time of Booking or on collection of
the Vehicle. A full list of optional extras can be found on our website; |
|
“Products” |
those Products
featured on our website, including but not limited to vehicle hire, hotel
bookings, airport parking and airport lounge bookings; |
|
“MAG Products” |
those Airport
Parking Products featured on our website which are owned and/or operated by
Manchester Airport Group which are at Stansted, Manchester and East Midlands,
including Jetparks, Long Stay, Multi-Storey,
Mid-stay, Short-stay and Official Meet and Greet. |
|
“Rental Agreement” |
the agreement
setting out the particulars of the Vehicle you hire from the Provider which
is subject to the Provider’s terms and conditions and will be provided to you
on arrival; |
|
“Fees” |
our fees
payable by you for the Booking; |
|
“Rental Period” |
the period from
collection (the start date and time shown on the confirmation of Booking)
ending on the indicated date and time shown on the confirmation of Booking); |
|
“Provider” |
the operator of
the featured hire vehicle, car park, airport lounge or hotel for which we act
as a booking agent; |
|
“Services” |
our arranging
of the supply of Products to you; |
|
“Terms and Conditions” |
these terms and
conditions as updated from time to time; and |
|
“Rental Vehicle(s)” |
the car you
have agreed to rent from the Provider for the Rental Period, as set out in
the Rental Agreement. This includes the keys for such car and all other
accessories or parts present within the Rental Vehicle from the commencement
of the Rental Period; |
2 Enjoy’s Liability
2.1
These Terms
and Conditions apply only to bookings made directly through this website.
Bookings made via a third party’s website, including the website of the Provider,
are subject to the terms and conditions set out on that website.
2.2
You
acknowledge that the Services might be provided by other companies within Enjoy’s Group and that such company may enforce
these Terms and Conditions (please see clause 12.7).
2.3
We act
as a booking agent for the Providers for the Products. You will be contracting
with the Provider and will be subject to the Provider’s terms and conditions.
Full details of the terms and conditions are available from the Provider. You
must read the terms and conditions of the Provider prior to the start of your
Booking, as certain companies and locations may have additional requirements. Please also check the individual information
pages that relate to your Booking for any specific terms that may apply. Once
we have passed your reservation over to the Provider, we have no further legal
obligations of liability to you and the agreement will be between you and the Provider.
Although we strive to ensure the accuracy of the information on this website,
neither we nor our affiliates, suppliers or agents can be held responsible by
you for the accuracy of such information. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all information provided
on this website.
3 Confirming your Booking and taking Payment
3.1 The Contract is made between you and us and sets out our responsibilities to you and your responsibilities to us when procuring the Services
3.3
We
reserve the right not to accept or fulfil a Booking. A Booking is not
guaranteed and we may cancel a Booking if the Provider advises that it is
unable to fulfil a Booking for any reason. If this happens, we will tell you,
and no charges will be made on your card, or if you have already been charged,
we will refund you the amount you have paid but we do not accept any liability
for any consequential loss or losses arising as a result of not being able to
accept your Booking.
3.4
It is
your responsibility to ensure all information provided when making a Booking is
correct and accurate and to ensure you read the confirmation email before
travelling. We do not accept any liability for any costs incurred or
consequential loss arising due to your failure to provide a valid contact
number and email address (or other information required as part of the Booking)
or failing to read the confirmation email before travelling or if you do
not follow the instructions we give you on your booking confirmation.
3.5 Payment for the Booking on our website can only be made using MasterCard, Visa and other payment methods indicated on our website from time to time.
3.6 If payment by card is declined for any reason, we reserve the right not to refuse your Booking.
3.7 All Fees are quoted in the currency of the selected country and include VAT where applicable.
3.8
Where
your Booking is for a Rental Vehicle,
unless otherwise stated, the Fees include vehicle tax, local taxes, third party
liability insurance and rental charges. All rentals are charged on a 24-hour
basis. A full day is still charged for any portion of a 24
hour period used. You are responsible for all tolls, congestion charges,
parking & traffic fines in accordance with the Provider’s terms and
conditions.
3.9
Where
your Booking is for a Hotel, unless otherwise stated,
the Fees are per room per night. You are responsible for all local taxes and
any other fees in accordance with the Provider’s terms and conditions. Unless
otherwise stated, the Fees do not include transfers to the Hotel which are
payable separately (please see clause , subject to
availability.
3.10
Where
your Booking is for airport parking, unless otherwise stated, the Fees are per Car
for the period during which you have booked. In the event of your Car
not starting, the Provider reserves the right to charge for any extra time. If your return is delayed and you have been
away for longer than you have booked, you will need to pay the difference on
return, direct to the Provider, at their standard daily rate.
3.11
Where
your Booking is for the airport lounge, unless otherwise stated, the Fees are
per person for the amount of time specified in the Provider’s terms and
conditions.
3.12
When a
Booking is made using a non-UK credit card, the card issuer will debit the
Customer’s account in the local overseas currency and at the exchange rate
applicable on the date of processing. A conversion charge may be
applicable.
4.1 Certain products have free cancellation within certain conditions:
4.2
Vehicle Hire Cancellation Terms
4.2.1
Pay Now
All ‘pay now’ Products come with free cancellation. You will pay the full
price at the point of purchase, and can cancel for free and receive a full
refund providing you cancel with more than 48 hours’ notice, prior to the start
date/time of the Booking. Cancellations with less than 48 hours’ notice will
not be refunded.
4.2.2
Pay on arrival and deposit payments
In some cases you can secure your booking at the quoted price by paying only a small deposit. Deposit payments are normally non-refundable unless otherwise stated on our website and in your booking confirmation.
4.3
We offer 2
cancellation protection products in most cases:
4.3.1
Cancellation Protection 48
which can be purchased for ‘pay now’ bookings at the point of check out
for an additional cost (shown on our website). This allows cancellations to be
made up until the time of arrival or collection. A full refund of the Booking
and ‘Excess Protection’ (please see clause 5.3.1) (if applicable)
will then be made minus the cost of the ‘Cancellation Protection 48’ product.
4.3.2
Cancellation Protection
which can be purchased for ‘deposit payment’ bookings. This allows
cancellation to be made up to the time of arrival or collection. A full refund
of the deposit payment and ‘Excess Protection’ (please see clause 5.3.1) (if applicable)
will then be made minus the cost of the ‘Cancellation Protection’ product.
4.4
To cancel a Booking please contact our call
centre by telephone or email. Contact details are here. Where
applicable, credit card or transaction fees are non-refundable. If the product you purchased did not have
free cancellation and you did not purchase Cancellation Protection 48 or
Cancellation Protection (as detailed below), or where you booked a certain
promotional offer (for example ‘advance
purchase’ and ‘super saver’ options as per your booking confirmation) then you cannot cancel the product without
incurring a charge, which may be the full amount of the Fees for the scheduled
duration of your Booking.
4.5
If you
are entitled to a refund, we will issue a credit voucher to the value of the
refund unless you notify us that you would like a repayment of the money. All
credit vouchers will remain valid for 6 months, after which your credit (and
corresponding refund) will expire. If at any time during the period a credit
voucher is valid you would like us to make a repayment of the money, we will
make a repayment in accordance with these terms.
4.6
Airport
Parking Cancellation Terms:
4.6.1
Airport Parking Products (excluding non-refundable, excluding
MAG Products) can be cancelled up to 48 hours prior to the start time and date
subject to a £10 cancellation fee. You will pay the full price at the point of
purchase, and can cancel and receive a refund less a £10 cancellation fee providing
you cancel with more than 48 hours’ notice, prior to the start date/time of the
Booking.
4.6.2
MAG Products can be cancelled up to 72 hours prior to the
start time and date subject to a £10 cancellation fee. You will pay the full
price at the point of purchase, and can cancel and receive a refund less a £10
cancellation fee providing you cancel with more than 72 hours’ notice, prior to
the start date/time of the Booking.
4.6.3
Airport Parking Products cancelled with less than 48 hours notice will not be entitled to any refund or partial
refund.
4.6.4
Non-refundable Products are non-refundable, no refund or
partial refund can be made.
4.6.5 Between September 2023 and December 2024 – Free Cancellation Waiver is available on all bookings (excluding non-refundable products). During this period you can cancel your booking free of charge giving a minimum of 24 hours notice before date of travel. Bookings cancelled with less than 24 hours notice before date of travel will not be entitled to any refund or partial refund
4.6.6
Credit
card fees, transaction fees, booking fees are not refundable on any
cancellation.
4.7
Certain
conditions apply to certain Products:
4.7.1 Vehicle Hire
Customers who do not turn up at the Collection Point, or do not turn up
in time, are not entitled to a refund. This includes non-receipt of a Rental Vehicle
due to insufficient documentation or late arrivals. Unfortunately, we are unable to refund any
unused days or part days if the Rental Vehicle is returned before expiry of the Rental Period. Some of the Providers
may agree on some compensation but this is not guaranteed and is at their
discretion.
4.7.2
Airport lounge booking
Unfortunately, we are unable to refund any unused stays or part stays. You cannot get a refund or amend a lounge booking less than 48 hours before the day of travel. For example, your last opportunity to change your booking if you're flying at 3pm on the 29th will be 23:59 on the 26th. Unless a cancellation fee waiver has been paid, the amount paid will be held as a credit on your booking for use in the future, except on certain promotional offers which are non-refundable. Where applicable this will be stated in the description/information.
4.7.3
Hotel bookings
No refund is made for cancellation of hotel bookings within 48 hours of the date of stay. Unless a cancellation fee waiver has been paid, the amount paid will be held as a credit on your booking for use in the future except on certain promotional offers which are non-refundable. Where applicable this will be stated in the hotel description/information.
4.7.4
Airport Parking
You cannot get a refund or amend a parking booking less than 48 hours before the day of travel. For example, your last opportunity to change your package if you're flying at 3pm on the 29th will be 23:59 on the 26th. Unless a cancellation fee waiver has been paid, the amount paid will be held as a credit on your booking for use in the future except on certain promotional offers which are non-refundable. Where applicable this will be stated in the car park description/information.
4.8
In case
of an obvious error (including any error in electronic labelling, error in data
entry, error of calculation or clerical error) resulting in the display of a
price which has obviously been displayed by mistake, we reserve the right to
cancel your Booking, even if it was automatically confirmed by us. You will be
informed of this as soon as possible, to allow you to make a reservation at the
correct price, if you wish to. In any case, you will not be entitled to claim
compensation from us on the grounds of the cancellation or the related costs,
if any, that have been incurred due to an erroneous Booking which has been
cancelled.
4.9
We
reserve the right to cancel your Booking if the Provider ceases to trade due to
insolvency or closure of any branches. In such circumstances, we may cancel
your Booking with no liability whatsoever. If your Booking is cancelled, a full
refund will be made of all monies previously paid to us to the person that
originally paid for the Booking.
The following terms (clauses 5.1 - 5.9) apply to Bookings for a Rental Vehicle.
5.1
Delivery and Pick-up Service
On collecting the Rental Vehicle please ensure you inspect the Rental Vehicle for any damage and report any
problems to the Provider before departing the Collection Point. We highly
recommend taking photos/videos of the Rental Vehicle and ensure you are happy that the
checkout documentation is correct showing all existing damages. Failure to do
this could result in charges being made and as such any damages will be
considered new damages. We also recommend checking the Rental Vehicle with the Provider when returning to
ensure any damage is agreed.
5.2
Driving Licence (UK
resident only)
5.2.1 To book a Rental Vehicle, it is essential that every driver has a valid driving licence that they have held for at least 1 year (this can vary per Provider). Expired or provisional licences will not be accepted. When making a Booking, you must advise us of any endorsements or points on a driving licence. We reserve the right to refuse the Booking based on the information you provide to us.
5.2.2 As of June 8th 2015, any driver with a driving licence issued by the DVLA (Driver and Vehicle Licensing Authority) in England, Scotland or Wales must visit here no more than 21 days before the start of their rental.
5.2.3 When picking up the Rental Vehicle, every driver must present their licence. You must also keep your driving licence with you at all times throughout the Rental Period for perusal by local authorities.
5.2.4
No
refunds will be given if a Provider refuses to supply the Rental Vehicle because of undisclosed endorsements,
or because you cannot provide a driving licence, its counterpart, or the
required information about endorsements.
5.2.5
Please
note that an ‘International Driving Permit’ does not replace the requirement
for a regular driving licence. A full driving licence in the main driver’s name
will still be required in order to rent the Rental Vehicle, and every driver requiring an ‘International
Driving Permit’ must keep both documents with them at all times.
We offer a variety of waiver and protection options to protect you during the Rental Period at the prices specified on our website. These include:
While CDW (Collision Damage Waiver) covers basic body damage, it has an excess
that you need to pay (or that the Provider will deduct from your Security
Deposit) if there’s damage, even if you did not cause the damage. Full
Protection covers your excess charges and other costly damage-related fees, and
it covers various types of damage that CDW sometimes excludes.
Full Protection is for costs that you are responsible for
paying following any accident, write-off or theft of a vehicle hired from a
rental company.
This insurance is arranged by Cover Genius Limited and
underwritten by Astrenska Insurance Limited who are
regulated by the FCA (750711 & 202846).
Included in Full Protection;
5.3.1.1
Damage to the rental vehicle's bodywork.
5.3.1.2
Theft or vandalism of the rental vehicle.
5.3.1.3
Damage to windscreens, mirrors, lights: Includes all external
glass & lights.
5.3.1.4
Damage to wheels & tyres: Includes punctures, fittings,
replacements, repairs.
5.3.1.5
Roof damage.
5.3.1.6
Damage to the underbody of the vehicle.
5.3.1.7
Key loss or replacement or lock out: Covers call out fees,
replacement of lost, damaged or stolen car keys, key programming and key
delivery. You must follow the rental company’s guidelines.
5.3.1.8
Damages caused by natural disasters: Covers wind, fire, hail
and other damages caused by natural weather events unless there’s been a breach
of the rental agreement.
5.3.1.9
Free cancellation; you can cancel at
any time up until pickup for a refund.
The full policy guide for Full Protection can be found here and IPID can be found here.
1.1.1
Excess Protection
5.3.2
Zero Excess
Zero Excess removes the requirement to leave a deposit as detailed in clause 5.4 and provides coverage against the excess. ‘Zero Excess’ is an additional insurance provided by the Provider and is subject to availability. Certain exclusions may apply and are detailed in the “more information” section of our website and the Provider’s terms and conditions.
5.3.3
Zero Excess Top-up
Whilst no excess or security deposit is required for ‘Zero Excess’ Products, some Provider policies exclude glass, tyres, underside and roof. We offer an additional top-up product for a small additional fee which covers these additional items in full.
Please note that the Provider
will require a security deposit at the start of the Rental Period to cover any
insurance excess (see Optional Extras above), fuel, or other costs. This will
be an amount blocked on the credit card of the main driver. The security
deposit is returned/unblocked at the end of the Rental Period provided the Rental Vehicle is returned in the same condition as
rented. The amount held will be clearly shown within the “more information”
link next to the Rental Vehicle of choice and within the specific terms and
conditions of the Provider before payment is made.
5.6
If you
are collecting the Rental Vehicle from an airport
you should advise us of your arrival flight number when you complete your
Booking, or as soon as possible. If your flight is delayed or cancelled we advise that you contact the Provider
immediately to notify them. Failure to advise the Provider of
delays/cancelations could result in your Booking being cancelled.
5.7
We will
not be responsible for any failure by the Provider to provide the Rental Vehicle, or if the Rental Vehicle is no longer available due to a late
arrival of flights, your failure to advise the Provider of delays, or if you
fail to provide your flight number in accordance with clause 5.6.
5.10
We only
work with companies with a “fair fuel” policy. This means all of our
quotes come with a customer friendly policy that allows you to return the Rental Vehicle with the same amount of fuel as the Rental Vehicle was collected. We also promise that
there will be no administration fees charged for this service.
The following terms (clauses 6.1 - 6.6) apply to all Bookings for hotels.
Please make sure you have directions to your Hotel.
6.2
Transfers between Hotels and Airports
Where a hotel operates airport transfers, times are different at each hotel. All transfers are subject to availability on the day and may be subject to a local charge. Please check Hotel information pages for details and charges. Prices and information regarding the transfers to and from the Hotel are given as a guide only and may be subject to change.
6.3
Room Requests
If you have any room request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the Provider, we regret we cannot guarantee any request will be met. Failure to meet any room request will not be a breach of contract on our part. Confirmation that a room request has been noted or passed on to the Provider or the inclusion of the room request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all room requests are subject to availability.
6.4
Meals
Unless specified meals are not included in the Booking, all extras must be paid direct to the Provider. There will be no refund for meals which are included but have not been taken.
6.5
Leisure Facilities
There may be additional charges for leisure facilities and admission may be restricted for children. Please ensure that you are familiar and happy with the appropriate terms and conditions that apply to the use of leisure facilities.
6.6.1 Parking is always at the owner's risk. Car parks are unsecured unless otherwise stated. Car parking arrangements vary from hotel to hotel. Please make sure you know exactly what your arrangements are before you travel. Where parking is offered as an 8, 15 or 21 day option, the full number of days does not have to be used, but there is no reduction in price if it is not. If you leave your Car for longer than the duration included, the Hotel or Car Park can charge you for the extra days.
6.6.2 In the interests of efficient operation you must be prepared to leave your Car keys with the Hotel or Car Park if requested to do so.
The following clauses (7.1 - 7.10) apply to Bookings for airport parking.
Please make sure that you have directions to the Car Park in your satnav or available on your smart phone if you have a passenger.
7.2
Drop-off time
We cannot be held responsible if you do not leave enough time to drop off your Car at the Car Park, or for airport transfer/Car collection before your flight. We have no liability whatsoever for missed flights for any reason.
7.3
Transfers
For park and ride and certain on-airport Car Parks, 24 Hour transfers to and from the airport are included unless otherwise stated on the individual car park information pages.
7.4
Meet and greet bookings
The 'parking from' time on your Booking Confirmation is the time slot the Car Park has allocated you. If you think you are going to be more than 20 minutes earlier or later than your booked time, you must call the Provider’s phone number which is provided in your Booking confirmation at least 20 minutes prior to the time booked. The Provider will then endeavour to re-book a new arrival time for you. If you do not call the Provider and arrive after the time booked, we cannot guarantee a driver will be available to meet you.
7.5
Minimum Stays
A minimum stay applies at some car parks. Should you wish to stay for fewer days, you can, but the cost of the minimum duration is payable, as it is quoted on our website results page.
7.6
Car Keys
Unless stated on the Car Park information page, in the interests of efficient operation you must be prepared to leave your Car keys with the Car Park. The Car Park will not accept liability for faulty keys, alarm fobs, house or other keys left on the key ring. We advise that only the Car key is given and that you ensure you have a spare key which you take with you.
7.7
Self Park
If the Car Park is labelled as a ‘Self-Park’ you will keep your keys, and your Car will remain in the same parking space for the duration of the Rental Period.
7.8
Vans and Large Vehicles
Unless otherwise stated, we only accept bookings for cars and small vans (in both cases without trailers) at the standard rate shown. Please contact us before you make your booking if you wish to book larger vehicles, or vehicles with trailers, for a quote. If you park a vehicle larger than a car or small van, or a vehicle with a trailer without prior approval, you will likely incur an additional charge at the Car Park.
7.9
Insurance and Liability
Please ensure that you do not leave any valuables in your Car. Any valuables are left strictly at your risk. Neither we nor the Provider will accept liability. Parking is always at the owner's risk. In the unlikely event that you need to make a claim for loss or damage, you MUST notify the Provider at the time of collection and obtain written confirmation, as claims cannot be considered once your Car has left the site. The Provider will accept liability for proven acts of their own negligence.
7.10
Your Car
It is your responsibility to ensure that your Car is roadworthy, holds a valid MOT certificate and is taxed for the duration of the Booking. Your Booking may be forfeited if this criteria is not met. We will not accept responsibility for mechanical, structural and electrical failure of any part of your Car, including but not limited to windscreens, glass, tyres and alloy wheels, howsoever caused.
8 Airport Lounge Bookings
The following terms (clauses 8.1 - 8.5) apply to Bookings for Airport Lounges.
Please ensure that you
have the correct invitations for the lounge and terminal you require. You must
print and take the invitations with you to the lounge as you may be refused
entry without it.
8.2
Lounge Location
Please remember to check
the lounge location is accessible from the terminal you are travelling from and
that the hours of operation match your travel plans. Please check with your
travel provider before travelling. We will not be held liable for any lounge
pass holder that has not booked the correct lounge for their flight. We will
not refund any unused lounge passes.
8.3
Lounge Rules
8.3.1 Where permitted, children must be accompanied by an adult to the bar areas at all times.
8.3.2 A dress code for the lounge facilities is expected. Singlets, vests, causal shorts, are not acceptable.
8.3.3 Due to regulatory restrictions, consumables are not to be taken from the lounge. We would like to advise passengers it is illegal to travel on an aircraft under the influence of alcohol. We will not accept any responsibility for passengers who are refused travel due to being intoxicated.
8.3.4
The lounges reserve the right to refuse
admittance to unsuitably dressed passengers or any passenger who is under the
influence of alcohol.
It is your responsibility
to ensure that you are at the aircraft boarding gate on time. We are not liable
for any flight missed or delayed by any passenger using the lounge.
9 Personal Information
We will collect your personal information and will hold your information in accordance with or privacy policy which is available on our website or on request.
10.1 We may end the Contract straight away by providing you with notice if:
10.1.1 a receiving order has been made against you or you are declared bankrupt; or
10.1.2 you breach any term of this Contract in a way that cannot be rectified.
10.2 You may end the Contract immediately by providing us with written notice if we materially break the terms of the Contract.
10.3 If the Contract ends early for any reason:
10.3.1 You must pay any amounts owed to us under the Contract and for the losses we suffer as a result; and
10.3.2 You may lose the benefit of any damage waivers, excess reduction products or insurance.
10.4 Nothing in the Contract reduces your statutory rights. If we materially break the Contract by not doing what we agreed to, we must pay for foreseeable losses you suffer as a result. We will not be responsible for your foreseeable losses where you have been able to recover them from someone else. We will not pay for any indirect or unforeseeable losses.
11.1 If you encounter a problem, please inform the Provider immediately to give them the opportunity to rectify the problem. If you do not advise the Provider at the time it may be difficult to pursue a complaint at a later stage. Our Providers will do their utmost to assist with any given request, however assistance cannot be guaranteed.
11.2 If you would like to contact us, we will provide as much assistance as we can.
11.2.1 For Airport Parking, Airport Lounge and Hotel bookings, please contact us on 03444 122 903 or +44 (0)3444 122 903.
11.2.2 For Vehicle Rental Bookings, please contact us on 0330 165 9369 or from outside the UK on +44 (0)330 165 9369.
11.3 Please Note: If you do not take these steps, it is very hard for us to deal with issues that are raised and we may not be able to fully resolve them. If you take these steps and wish to follow up your complaint when you get home, you must write to hello@enjoytravel.com within 28 days of your return. You will receive an acknowledgement of your email within 3 working days and we endeavour to answer all customer service queries within 28 days of receiving them. Sometimes we can experience delays if we are liaising with the suppliers. To help us process your query quicker please provide Enjoy with your Booking number and include all paperwork from the supplier relating to the Booking if possible.
12.1 Events Beyond Our Control
12.1.1 Very rarely, we may be forced to change or terminate your Booking due to unforeseen major events known as force majeure. This means any major event which we or the Provider in question could not, even with all due care, foresee or avoid and that was beyond our reasonable control. For the avoidance of doubt events beyond our control include (but are not limited to), war or the threat of war, riots, civil unrest, terrorist threats or activity, industrial disputes, extreme weather, epidemics, natural and nuclear disaster, fire, adverse weather conditions, government regulations and advice, airlines cancelling or changing schedules due to airports or airways being congested or closed.
12.1.2 Changes or termination of your Booking due to events beyond our control are extremely unlikely. If, however, such major events do occur, we regret we will be unable to make any refund of payments for services not received. We cannot accept liability or pay any compensation where the performance (or prompt performance) of our obligations under our contract with you is prevented or affected by events beyond our control. This is also the case if you suffer any damage, loss or expense of any nature as a result of the major event.
12.2 Assignment and Other Dealings
We (but not you) may subcontract, assign, delegate, transfer, charge or otherwise dispose of all of our rights and responsibilities under this Contract without your prior written consent.
12.3
Entire Agreement
The Contract contains all the terms which we have agreed with respect to its subject matter and supersedes all previous agreements and understandings between us (whether oral or in writing) relating to such subject matter. You acknowledge and agree that you have not been induced to enter into this Contract by a statement or promise which it does not contain. All warranties, conditions and other terms (whether express or implied) which are not set out in this Contract are (to the fullest extent permitted by law) excluded from this Contract.
12.4
Variation
No variation of this Contract shall be effective unless it is in writing and signed by each of the parties.
12.5
Waiver
Failure to exercise (or to fully exercise), or any delay in exercising, any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy under this Contract or by law.
12.6
Notices
Notices required to be given under this Contract may be sent by email here. Notices shall be deemed to have been duly received: (a) if delivered personally, in the case of Enjoy, when left at the registered address, or in the case of the Customer, when left at the address you have provided to us as part of the booking process; (b) if sent by pre-paid first-class post or recorded delivery, at 9:00am on the second day (excluding weekends and public holidays) after posting; (c) if delivered by commercial courier, on the date and at the time that the courier’s receipt is signed; or (d) if delivered by email, at the time of transmission.
12.7.1
Where Services are provided by an Enjoy Group
company (please see clause 2.2), that company may enforce the terms of this Contract subject
to and in accordance with this Contract and the provisions of the Contracts
(Rights of Third Parties) Act 1999.
12.7.2 Except for as provided in clause 12.7.1, any person who is not a party to this Contract shall have no rights to enforce its terms.
12.8
Governing Law and Jurisdiction
This Contract shall be governed by English law. The parties agree to submit to the exclusive jurisdiction of the English courts.