These Terms and Conditions constitute an agreement between Zip World Limited whose registered office is situate at Zip World, Glasdir, Plas yn Dre, Llanrwst LL26 0LL (hereinafter called “ZipWorld”) and the Customer (hereinafter called the “Customer”) using the products or services of Zip World.
These Terms and Conditions constitute an agreement between Zip World Limited whose registered office is situated at Zip World, Penrhyn Quarry, Bethesda, Gwynedd, North Wales LL57 4YG (hereinafter called “Zip World”) and the Customer (hereinafter called the “Customer”) using the products or services of Zip World. The Customer agrees to be bound by these Terms and Conditions. A payment by credit or debit card guarantee, for or part payment or a signature on written Terms and Conditions will signify acceptance of these Terms and Conditions relating to the use of the products or services of Zip World.
“Adventure” – means any of our activities which we offer on any of our Sites from time to time.
“Adventurer” – means a person who is booked to participate in any of our Adventures by virtue of a Booking.
“Booking” – means a booking made by you for any of our Adventures.
“Designated Location” – means the location of the start of the relevant Adventure.
“Participating Adult” – means an adult who accompanies any child or children and actively participates in an Adventure. For the avoidance of doubt, a Supervising Adult can also be a Participating Adult.
“Participation Form” – means the Acknowledgement of Risk and Conditions of Participation Form which must be signed by all Adventurers before taking part in an Adventure.
“Promotional Offers” means any special offers we may advertise or offer from time to time in connection with any of our Adventures.
“Site” – means the site on which an Adventure takes place and “Sites” shall mean all or (where the context requires) any of them.
“Supervising Adult” – means an adult or adults who accompany any child or children to any of our Sites.
“Terms” – means these terms and conditions as amended by us from time to time.
“Website” – means our website www.zipworld.co.uk.
a. These Terms apply to any Booking.
b. These Terms constitute an agreement between Zip World Limited (company registration number 07777872) whose registered office is situated at Zip World Base Camp, Dolanog, Denbigh Street, Llanrwst, LL26 0LL (“Zip World/us/we”) and the person or firm who is making the Booking or participating in the Adventure/s (the “Customer/you”) and will apply to any Booking you make (Agreement).
c. Our Terms include important information about our Adventures including any restrictions on who can or cannot take part in them. Give them a good read!
d. If you or any Adventurer suffers from any pre-existing medical condition, we recommend that you contact us before booking to ensure it does not preclude you from participating in any of our Adventures. Failure to do so may mean you or the relevant Adventurer cannot take part and no refund would be payable by us.
e. You acknowledge that you have read all these Terms (including the important bits) and you agree to make sure all Adventurers are aware of and have accepted these Terms.
f. Please note, by booking or participating in any of our Adventures you accept and agree to be bound by these Terms.
g. If you are not a consumer you:
(i) agree that these Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter; and
(ii) acknowledge in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
2. Restrictions on our Adventures
Can you participate in our Adventures? Give this a read before booking to make sure.
3. When might we have to postpone or amend your booking?
a. We are committed to ensuring your safety and complying with Health & Safety legislation. This means that there may be times where weather conditions mean some of our Adventures are not safe to take part in. If in our absolute discretion we decide to amend weight restrictions or delay Adventures on the day of the Booking, we will post a notice on the Ride Status page of our Website. If we do this, you can;
(i) ask for a refund (subject to Condition 3(b) below); or
(ii) you can re-schedule your Booking within 12 months of the date of the Adventure you originally booked; or
(iii) subject to availability (and in accordance with these Terms), change the Booking to another of our Adventures up to the same value of your original Booking.
b. If you would prefer a refund, you must claim it within 14 days of the date of the cancelled Adventure. To claim a refund, be sure to follow these steps (otherwise we won’t be able to give you the refund):
(i) send us an email to firstname.lastname@example.org;
(ii) the subject line of the email must be “Refund Request”;
(iii) include your full name and the Booking reference number; and
(iv) make sure you request it within 14 days of the date of the cancelled Adventure!!!!
c. If you don’t claim a refund within 14 days, you must re-schedule your Booking within a period of 12 months in accordance with Condition 3(a)(ii) above otherwise you will forfeit your Booking.
d. If we have to permanently cancel your Booking and we cannot offer you an alternative there will be no penalty or administration charge and a refund in full (if applicable) will be made within ten (10) working days of us notifying you of the cancellation. No other compensation consequential losses or any other losses will be payable to you.
4. The Participation Form
Every Adventurer is required to sign a Participation Form. If an Adventurer doesn’t sign a Participation Form, or doesn’t comply with any of the terms set out in the Participation Form, it may result in that Adventurer being prohibited from taking part in the Adventure concerned. If this happens, no refund will be paid and we will not be liable for any compensation, consequential losses or any other losses arising.
We recommend you make advance reservations to avoid any disappointment. You can make these reservations through our Website, directly with us via our telephone booking line (+44 (0)1248 601444) or through an approved Zip World booking representative (such as Tourist Offices, Hotels and other such outlets).
6. Booking Options, Payments and Guarantee
a. If you book directly with us online, then we will ask for your credit or debit card details to complete the purchase and a “print-at-home” ticket will be generated. Full payment will be debited and your account statement will identify the transaction as “www.zip-world.co.uk”. Don’t worry though, this payment gateway is provided by PayPoint which is a SSL secure gateway.
b. If the Booking is made directly with us by any means other than online, credit or debit card details will be requested to complete and / or guarantee the reservation. Telephone bookings will incur a £3.50 administration fee. This will be confirmed when the booking is made. Payment will be debited accordingly and your account statement will identify the transaction as “Zip World Limited”.
c. If the Booking is made through an approved Zip World representative, payment will be taken in accordance with their own terms and conditions of ticket sales. The reservation is guaranteed by the issuing of a payment receipt – so make sure they let you have one.
d. Where payment has not been completed we may (at our discretion) provisionally reserve the place but reserve the right to re-allocate it if another Customer requests and secures the booking by payment. If this happens, we will notify you and give you the opportunity to complete the payment immediately.
e. If you are a consumer, you can only book one of our Adventures if you are at least 18 years old.
f. If you are not a consumer, you confirm you have authority to bind any business on whose behalf you are making a booking.
7. Payment (or Balance Payment)
Full payment (or balance payment if applicable) must be made before you start your Adventure.
a. Vouchers bought directly from us are valid until the date printed on them. They cannot be redeemed after that date, unless an extension is purchased from us.
b. Extensions are valid for 3 months from the expiry date and cost £10 per voucher, for 3-6 months from the expiry date and cost £15 per voucher and for 6-12 months from the expiry date and cost £20 per voucher.
c. Vouchers bought via a booking agent will be governed by the agent’s terms and conditions.
d. Vouchers cannot be replaced if lost, stolen or destroyed. Keep them safe.
e. Vouchers are not refundable.
f. If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If it is less, then change cannot be given.
g. Vouchers cannot be used in conjunction with any special promotions, discount tokens, coupons or cards.
a. Package promotions are not in conjunction with any other offer.
b. Adventures booked within a package must be scheduled within 30 days of one another.
c. If one or more products in a package are cancelled by you at any time, the remaining Adventures will be charged at the single Adventure price.
d. If one or more of the Adventures are postponed by Zip World, the refund option of that Adventure will proportionate to the discounted package price.
e. If one or more Adventures are postponed by Zip World, you will have an option to be refunded for this adventure or to postpone it to another date. Other Adventures within the package may be postponed but cannot be refunded.
f. Following the booking of a group package, if numbers reduce below those required for this group discount, the price will be recalculated to reflect this.
10. Amending or Cancelling your Booking
Where possible a booking amendment will be accommodated without charge or penalty.
a. Individual bookings may be cancelled or amended up to 7 days prior to the adventure. You will be entitled to a full refund in the event of cancellation under this Condition 10(a).
b. Group bookings of 6-15 Adventurers may be cancelled or amended after the giving of at least 14 days’ notice of cancellation or reduction of numbers.
c. Group bookings of 16 or more Adventurers may be cancelled or amended after the giving of at least 28 days’ notice of cancellation or reduction in numbers.
d. Deposits paid for group bookings are non-refundable except in the circumstances outlined in Condition 26.
e. In Conditions 10(a), (b) and (c) above the time limits referred to relate to the original Adventure booking date. Once an Adventure date has been amended or cancelled then you cannot further amend or cancel the adventure date and the provisions relating to refund or further amendment will not be available you.
f. Discounts or booking tariffs may vary but are based on minimum group sizes. In the event that minimum group size is not achieved then the relevant pricing tariffs will apply.
g. Where you have booked for the Fforest Coaster, you may amend your booking at any time without incurring any fees or charges.
11. Bookings via our Website or over the phone
This condition 11 only applies if you are a consumer and you have booked via our Website or over the phone
a. If you are a consumer, you have a legal right to cancel an Agreement during the period set out below in condition 11(b). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Adventure you have purchased, you can notify us of your decision to cancel the Agreement and receive a refund. Advice about your legal right to cancel the Agreement is available from your local Citizens' Advice Bureau or Trading Standards office.
b. Your legal right to cancel an Agreement starts from the date of the date on which we e-mail you to confirm our acceptance of your order, which is when the Agreement between us is formed. Your deadline for cancelling the Agreement then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Agreement is for a single Adventure.
The end date is the end of 14 days after the day on which you receive our e-mail confirming your order for an Adventure.
c. To cancel an Agreement, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an email to email@example.com.
d. If you cancel your Agreement we will refund you any monies you paid for the Adventures which have been cancelled in accordance with this clause 11.
12. Prices Quoted
Prices quoted will be current at the time of your Booking. The price agreed will not be subject to any change unless due to circumstances beyond our control. Such circumstances include (but are not limited to and by way of example only) civil riot, new legislation, regional or national emergency, war etc. Where such a price amendment is necessary you will be notified in writing. Should a price amendment be unacceptable to you the booking can be cancelled in accordance with Condition 10 above.
13. What’s included in the price?
The price will include the Adventure, all necessary equipment, public liability assurance and VAT.
14. What isn’t included?
The price doesn’t include personal insurance, snacks, lunch, beverages, optional adventures and excursions, gratuities and any other items not specifically mentioned as being included.
15. Concession / discount requirements
As a general rule, bookings will be accepted on the basis of information supplied by you at the time of booking. However, at our discretion, proof of any concession entitlement may be requested at any time during fulfilment of the Adventure booked. Failure to produce required evidence upon request may result in the concession / discount being withdrawn and payment being requested amounting to a difference between that which has already been paid and the full published price.
16. Late Arrival
a. In the interests of others we operate a strict timekeeping policy.
b. All Adventurers in your party must arrive at the relevant Designated Location at least thirty (30) minutes prior to the Adventure commencement time. We will endeavor to get you back to the adventure finishing point within fifteen (15) minutes of the scheduled finish time but cannot guarantee this due to Adventure delays or other circumstances beyond our control.
c. Failing to arrive at or before the scheduled time will not entitle you to a refund (unless the Adventure you have booked is the Fforest Coaster in which case condition 16(d) shall apply). There will be no compensation paid for consequential losses, lost or additional travelling expenses or other expenses of a similar nature.
d. Where the Adventure you have booked for is the Fforest Coaster, any non attendance shall be treated as a postponement of your Booking. You will have twelve months from the date you purchased the Adventure and/or re-deemed a voucher for this Adventure within which to book an alternative time and date to book the Fforest Coaster. Failure to alter the booking within this period of time means you will forfeit the monies for you have paid for this Adventure.
a. Our Sites may have automated camera systems installed. During your visit your image may be captured by one or more of these devices. By visiting our Sites you accept that you may be filmed either for the production of stills or video. We confirm that such footage will not be used for promotional purposes by us or any other party without your consent.
b. Video reprography is a service that may be offered by our partner; Momento. Neither Momento nor Zip World accept any liability if this service cannot be provided for whatever reason. In such circumstances no refund will be given nor compensation paid. Data provided at experience check-in, including your e-mail and mobile phone number, will be shared with Momento for the purpose of providing you with the video reprography option.
c. Still reprography is a service offered by our partner Caught in the Action. Neither Caught in the Action nor Zip World accept any liability if this service cannot be provided for whatever reason. In such circumstances no refund will be given nor compensation paid.
d. Some of our Sites have Garmin VIRB headcams for hire. These can only be hired by Adventurers over the age of 18. If you do hire one you are at all times responsible for the operation of the camera during the hire period. We are not responsible for improper use of a camera by an Adventurer which results in the recording of the adventure failing or being of a standard below that to which you require. Similarly, Zip World will not be liable for any recording made onto SD cards which are provided in the hire.
e. In the case of children under the age of 18, you accept and consent by making the Booking that still or video images of children will be taken during the reprography process.
a. Full legal responsibility for any child or children in your group lies with the Supervising Adult. The Supervising Adult must sign the Form on behalf of the child/children.
b. If you are making a booking which will include children participating in the Adventure, please read the following regulations relating to the supervision of children taking part in our Adventures:
Velocity at Zip World Bethesda and Titan & Caverns at Zip World Blaenau Ffestiniog
Children under the age of 18 years will not be permitted to use any Adventure unless accompanied by a Participating Adult at all times.
Velocity and Titan
· Children must be accompanied by 1 Participating Adult for every 3 children taking part in Velocity and Titan.
· Minimum age for a child on Velocity is 10 years and for Titan, 7 years.
· Children aged between 10 and 12 years must be accompanied by 1 Participating Adult for every 3 children.
· Children aged between 13 and 17 years must be accompanied by 1 Participating Adult for every 7 children.
· Children aged between 7 and 12 years must be accompanied by 1 Participating Adult for every 7 children.
· Children aged between 13 and 17 years must be accompanied by 1 Supervising Adult for every 7 children.
Minimum age permitted underground is 3 years. Prams/buggies are not permitted underground.
Zip World Fforest at Betws-y-Coed
Tree Top Nets
· 3 - 6 yrs: 1 Participating Adult for every 2 children
· 7 - 12 yrs: 1 Supervising Adult for every 5 children (participation encouraged but optional) *Supervising Adult to remain in the Tree Top Nets area through the duration of the adventure
· 13-17 1 Supervising Adult for every 7 children (participation encouraged but optional) *Supervising Adult to remain in the Tree Top Nets area through the duration of the Adventure
* Supervision of children 7 - 17 yrs from the Tree Top Nets Area is not charged for.
All first time Adventurers and Supervising Adults will be asked to attend a short safety brief.
· Children aged between 9 and 12 years must be accompanied by 1 Participating Adult for every 3 children.
· Children aged between 13 and 17 years must be accompanied by 1 Participating Adult for every 7 children.
· Children aged between 7 and 8 years must be accompanied by 1 Supervising Adult.
· Children aged 5 and 6 years must be accompanied by 1 Participating Adult for every 3 children.
Skyride and Plummet
Children must be accompanied by at least 1 Supervising Adult.
· 3 - 8 yrs: 1 Participating Adult for every 1 children
· 9 - 17 yrs: 1 Supervising Adult for every 5 children (participation encouraged but optional) *Supervising Adult to remain in the Coaster Station Area through the duration of the Adventure
* Supervision of children 7 - 17 yrs from the Coaster Station Area is not charged for.
a. Unfortunately we are currently unable to offer special or modified Adventures to accommodate disabled Customers requiring a wheelchair or other such mobility assistance and / or special access.
b. We reserve the right to decline participation in any Adventure on any of our Sites on the basis of a pre-existing medical condition which must be disclosed to us in the Participation Form or (if earlier) at the time of the Booking.
20. Pet animals
Pet animals are permitted on our Sites with the exception of any of our Sites which are located underground. However pet animals must at all times remain under the control of the owner or person accompanying them. If any of our operatives or employees in their absolute discretion direct that pet animals must be removed from the any of our Sites then you must comply with this request which may be made on the basis of lack of control, animal welfare or hygiene.
21. Alcohol and non-prescribed drugs
The consumption and use of alcohol and non-prescribed drugs is strictly prohibited on all our Sites at all times. We reserve the right to refuse admission to any person who is considered to be under the influence of alcohol or non-prescribed drugs. Smoking is not permitted at any time when our equipment is being used.
Zip World has appropriate public and employer liability insurance. Personal insurance against injury, theft, loss or any other event is not included and you must arrange for such cover, if required, to be in place.
23. Our liability if you are a Consumer
This condition 23 only applies if you are a consumer.
a. 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. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into an Agreement.
b. We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.
24. Our Liability if you are not a Consumer
This condition 24 only applies if you are a business customer.
a. Nothing in these Terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(iv) defective products under the Consumer Protection Act 1987.
b. Subject to condition 24(a), we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss of business opportunity;
(iii) loss of goodwill; or
(iv) any indirect or consequential loss.
c. Subject to condition 24(b), our total liability to you in respect of all losses arising under or in connection with an Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Adventures purchased.
d. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Adventures. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Adventures are suitable for your purposes.
a. Zip World is not responsible for and accepts no liability for any loss or damage caused to any vehicle belonging to you or any member of your party or to the contents therein when the vehicle is parked on any of our Sites.
b. If you or any Adventurer deposits personal possessions, items of clothing or any other property with an employee or a third party on any of our Sites then they do so at their own risk and Zip World will not be responsible for any loss or damage to these items however caused.
26. Reserved Rights
Zip World reserves the right to cancel bookings. Reasons for cancellation may include, but without limitation:
· Violent, racist or verbal abuse towards any person on any of our Sites;
· Failure to comply with the laws of England and Wales;
· Refusal or failure to complete the Acknowledgement of Risk and Conditions of Participation form;
· Refusal or failure to provide suitable evidence of ability to partake in any Adventure;
· Refusal or failure to pay the correct fee for an Adventure;
· Refusal to supply medical evidence or suitability to partake in an Adventure;
· Refusal or failure to pay the correct fee for an Adventure;
· In the event of cancellation or postponement of an Adventure by Zip World the provisions relating to cancellation and amendment which are available to the Customer under the provisions of Condition 7 ante will not apply to cancellation or amendment by Zip World in the circumstances envisaged by this Condition.
Zip World reserves the right to re-allocate an unsecured Booking at any time.
Changes to These Terms:
We reserve the right to make alterations or changes to these Terms at any time ensuring that the Customers of existing bookings will receive the latest copy of the Terms prior to participating in an Adventure. Should the revised Terms be unacceptable to a Customer who has pre-booked the booking may be cancelled without penalty or administration charge.
27. Events outside of Our control
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 27(b).
b. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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.
c. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
(i) we will contact you as soon as reasonably possible to notify you; and
(ii) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
28. Complaints and Disputes
Any disputes or complaints must be brought to the attention of Zip World in writing within fourteen (14) days from the occurrence which gave rise to the complaint / dispute. On receipt Zip World will respond within 14 days in writing. Zip World will endeavor to investigate and resolve such a dispute or complaint without involving third parties. In the event of a complaint or dispute not being satisfactorily resolved both Zip World and the Customer hereby agree that the dispute will be settled and determined by arbitration pursuant to the laws of England and Wales under the provision of the Arbitration Act of 1996.
29. General Matters
a. We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms.
b. This Agreement 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.
c. Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
d. 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.
e. If you are a consumer, please note that these Terms are governed by the law of England and Wales. This means an Agreement for a purchase of through our site and any dispute or claim arising out of or in connection with it will be governed in accordance with the law of England and Wales. You and we both agree 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.
f. If you are a business, an Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
g. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).
30. Promotional Offers
Where you have made a Booking for any of our Promotional Offers, the following provisions shall apply:
a. All Promotional Offers are subject to availability.
b. Promotional Offers are non-transferable, not for resale, and not redeemable for cash.
c. Promotional Offers only apply to the specified product or products.
d. Promotional Offers cannot be used in conjunction with another offer.
e. Promotional Offers are valid until the date specified.
f. Zip World reserves the right to withdraw a Promotional Offer at any time.