Open Pass Terms and Conditions of Sale – Tickets and Passes

These terms and conditions are the contract between you and TWG Systems Ltd (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

We are TWG Systems Ltd a company registered in the UK, number 07366197. Our address is Beacon House, Stokenchurch, HP14 3QF

VAT Registration Number: 979 2515 73

You are: Anyone who uses Our Website or makes a Booking through Our Website.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy Services on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Services immediately.

Table of Contents

1.     Definitions 2

2.    Interpretation. 3

3.    Our Contract 3

4.    The Booking procedure. 5

5.    Change or closure of an Attraction Supplier 6

6.    Bookings: cancellation and refunds 6

7.     Disclaimers about Bookings 7

8.    The TWG Systems Ltd promise. 8

9.    Your account and personal information. 9

10.       Security of your credit card. 9

11.       How we handle your Content 9

12.       Security of Our Website. 10

13.       Interruption to Services 11

14.       Disclaimers and limitation of liability. 11

15.       You indemnify us 13

16.       Dispute resolution. 13

17.       Miscellaneous matters 13

 

These are the agreed terms

1.            Definitions

“Booking”

means the booking for group of tickets or Pass along with any other services or items offered by a Tourism Supplier.

“Pass”

means a group of tickets or combined ticket that allows the holder to use the services of a specific set of Attraction Suppliers within set parameters such as time or number of uses.

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Event”

[means an event, experience, arrangement or an activity planned by the Attraction Supplier. Among other things, it may be designed for pleasure, education, sport or business team building or reward].

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

“Post”

means place on or into Our Website any Content or material of any sort by any means.

“Tourism Supplier”

means a person, firm or organisation who offers Booking on Our Website.

“Services”

means a service available from Our Website, whether free or charged, it does not include the services (if any) offered by Booking Attraction Suppliers in relation to an Event.

2.           Interpretation

In this agreement unless the context otherwise requires:

2.1.           this contract is not related or dependent on the contract you might make with any Attraction Supplier. The contract between you and us is limited to our arranging aspects of the Attraction Supplier for you on behalf of the Attraction Supplier.

2.2.          a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3.          a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights, and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

2.4.          the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

2.5.          any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.6.          these terms and conditions apply to all Bookings through Our Website. They prevail over any terms proposed by you.

2.7.          this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.           Our contract

3.1.           The Booking entitles the holder to admission to listed Attraction Suppliers upon presentation without further payment. Admission to Attraction Suppliers is subject to the Booking being valid and in the instance of a Pass, it must be valid. Attraction Suppliers are required to accept admission without further payment, subject to their normal admission terms and conditions.

3.2.          The Booking may only be used by the purchaser for personal, non-commercial use. All Bookings are non-transferable, and no replacements or refunds can be offered for lost or stolen passes.

3.3.          A valid pass is a pass that has yet to expire and has sufficient value to be used at an Attraction Supplier – whether number of uses or monetary purse value – and also has not been used at that Attraction Supplier previously.

3.4.          Opening times at Attraction Suppliers will fluctuate throughout the calendar year and we recommend that you check with the Attraction Supplier concerned prior to your visit to ensure they are able to accept your Booking. Similarly, entry prices detailed in the Information are correct at time of going to press but may be subject to change at any time.

3.5.          TWG Systems Ltd has taken all reasonable care to ensure that only properly run and reputable Attractions of good standing are available as Bookings and shall not liable for any deficiencies of service, quality or health and safety issues at any Attraction Supplier. All visits to Attraction Suppliers are taken voluntarily and at your own risk.

3.6.          TWG Systems Ltd shall not be responsible if any Attraction refuses admission in accordance with their own terms and conditions of use.
Any complaints or claims for redress must be made directly to the Attraction Supplier.

3.7.          In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

3.7.1         We welcome your queries, comment or complaint regarding your experience, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of TWG Systems Ltd.

3.7.2         In any dispute with an Attraction Supplier, you should deal only with the Attraction Supplier.

3.7.3         Booking descriptions, format and timings given on Our Website are only intended to present a general idea of the Booking and shall not be considered binding. Photographs are for illustrative purposes only and do not form part of any contract between us.

3.8.          If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

3.9.          We may change this agreement and / or the way we provide the Services, at any time. If we do:

3.9.1         The change will take effect when we post it on Our Website.

3.9.2         You agree to be bound by any changes.

4.           The Booking procedure

4.1.           Prices listed on Our Website by Attraction Suppliers are inclusive of any applicable sales tax.

You may place a Booking by giving your credit or debit card details at the time of making a Booking.

4.2.          If you give us your credit or debit card details, we process your payment immediately. The card you use must have an expiry date that is valid until after the date of the Booking cancellation policy expiration.

4.3.          You cannot transfer or resell your Booking (in whole or in part). If you transfer or resell (or attempt to transfer or resell) then TWG Systems Ltd will terminate your booking and retain any money paid for such Booking.

4.4.          Subject to discounts and promotions, Bookings are made at a fixed price. VAT may be due and will be either included in the price or shown separately.

4.5.          Confirmation of Bookings may be by email [to your last known email address] or by post (including secure, registered, recorded and regular post).

4.6.          Once you have made a Booking through Our Website, the price cannot be increased.

4.7.          Neither we nor the Attraction Supplier can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

4.8.          You are required to pay in the currency in which the Booking is listed on Our Website.

4.9.          Every Booking will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.10.        For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

5.           Change or closure of an Attraction Supplier

5.1.           Decision to change or close is the responsibility of the Attraction Supplier [or may be beyond his reasonable control like bad weather]

5.2.          Before visiting, please check on the Attraction Supplier’s website that they will be open and able to admit your Booking.

5.3.          In any case, TWG Systems Ltd cannot be held responsible for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.

6.           Bookings: cancellation and refunds

6.1.           You may cancel a Booking at any time within 90 days of the date of purchase.

6.2.          If you cancel within the period specified above, TWG Systems Ltd shall refund any payment you may have made for the period cancelled. If you cancel later, you are not entitled to any refund of money paid. [We may, in our absolute discretion, refund part of any money you have paid].

6.3.          To cancel, you must contact TWG Systems Ltd within 90 days of your purchase date. And if you are already in receipt of physical passes, dispose of them appropriately. If you have not received a physical Booking and are using a mobile pass, this will be cancelled automatically. TWG Systems Ltd will reimburse you within 30 days of recipe of your cancellation.

6.4.          In order to process your cancellation, we will need you to supply us with the following details;
Order number
Purchase Date
Name and Address of Customer
Email Address of Customer
Date of cancellation

6.5.          You do not have the right to cancel your order for the Booking within the 90-day cancelation period if you have activated your physical Booking or started using your mobile Booking.

6.6.          The confirmation of cancellation that we send to you is your proof of cancellation and should be retained by you.
No duplicate Booking or passes will be issued to replace the original that have been lost or stolen after it has been delivered to you, and nor will price of such Booking be refunded.

7.           Disclaimers about Bookings

7.1.           TWG Systems Ltd does not organise any Booking and has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any Booking visit (including loss, damage or theft of any personal property at an Event).

7.2.          Your entry to the venue of a Booking is always subject to any terms and conditions or rules of the Attraction Supplier. If you breach those terms and conditions or rules, then the Attraction Supplier may refuse your entry or require you to leave the venue.

7.3.          All the Content on Our Website relating to any Booking has been provided by Attraction Suppliers. We do not accept responsibility for the accuracy of any claim or advertisement.

7.4.          We make no representation, warranty or other provision regarding the Booking and you acknowledge that you do not rely on any made by us, but solely on your contract with the Attraction Supplier.

7.5.          So far as concerns any Booking you make through Our Website, we are not liable for:

7.5.1            A Booking complying with the requirement of any law;

7.5.2           the Attraction Supplier performing his contract;

7.6.          We give no warranty, representation or undertaking whatever as to the continuing business of the Attraction Supplier or that any Event by an Attraction Supplier will be safe, useful or suitable for you;

7.7.          You now expressly release us from all claims and liability known and unknown, arising in any way from a dispute between you and an Attraction Supplier.

8.           The TWG Systems Ltd promise

To give you the utmost confidence in using our Service, we make the following promise:

8.1.           This promise is subject to the following conditions:

8.1.1             you must first follow the cancellation and refunds procedure set out on Our Website;

8.1.2            the maximum payment is £ 250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;

8.1.3            the claim form must be completed truthfully and accurately;

8.1.4            you must provide a street address to us in one of: [The European Union, the United States of America, Canada, Australia or New Zealand];

8.1.5            you are limited to a lifetime maximum of 5 claims and a maximum of one item in each year;

8.1.6            you must not have requested a charge back from your credit card company.

8.2.          The promise set out in this paragraph is non-contractual. We shall operate it at our entire discretion.

9.           Your account and personal information

9.1.           When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

9.2.          You agree that you have provided accurate, up to date, and complete information about you. We are not responsible for any error made because of such information being inaccurate.

9.3.          You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

10.         Security of your credit card

We take care to make Our Website safe for you to use.

10.1.         Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

10.2.        If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

11.          How we handle your Content

11.1.          Our privacy policy is strong and precise. It complies fully with current UK law incorporating the General Data Protection Regulation (GDPR).

11.2.         If you Post Content to any public area of Our Website, it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

11.3.         Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

11.4.         Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

11.5.         You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur because of any Content having been Posted by you;

11.6.         You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

11.7.         Please notify us of any security breach or unauthorised use of your account.

12.         Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

12.1.         modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

12.2.        link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

12.3.        download any part of Our Website, without our express written consent;

12.4.        collect or use any product listings, descriptions, or prices;

12.5.        collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

12.6.        aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

12.7.        share with a third party any login credentials to Our Website;

13.         Interruption to Services

13.1.         If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

13.2.        You acknowledge that the Services may also be interrupted for many reasons beyond our control.

13.3.        You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

14.        Disclaimers and limitation of liability

14.1.         This paragraph is not about any service we sell through Our Website. It is about only the Service we ourselves provide in setting up the arrangement between you and one of our Event Attraction Suppliers.

14.2.        The law differs from one country to another. This paragraph applies so far as the applicable law allows.

14.3.        All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

14.4.        Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:

14.4.1         useful to you;

14.4.2        of satisfactory quality;

14.4.3        fit for a purpose;

14.4.4        available or accessible, without interruption, or without error.

14.5.        We make no representation or warranty and accept no responsibility in law for:

14.5.1         accuracy of any Content or the impression or effect it gives;

14.5.2        delivery of Content, material or any message;

14.5.3        privacy of any transmission;

14.5.4        third party advertisements which are posted on Our Website or through the Services;

14.5.5        the conduct, whether online or offline, of any user of Our Website or the Services;

14.5.6        failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;

14.5.7        loss or damage resulting from your attendance at a Booking organised through Our Website;

14.5.8        any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

14.5.9        any aspect or characteristic of any goods or services advertised on Our Website;

14.6.        Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £ [1,000]. This applies whether your case is based on contract, tort or any other basis in law.

14.7.        We shall not be liable to you for any loss or expense which is:

14.7.1         indirect or consequential loss; or

14.7.2        economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

14.8.        If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us via email on sales@openpass.co.uk. We welcome your input but do not guarantee to agree with your judgement.

14.9.        Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

15.         You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

15.1.         your failure to comply with the law of any country;

15.2.        your breach of this agreement;

15.3.        a contractual claim arising from your use of the Services

15.4.        any Content you place on your website;

15.5.        any Content you Post to Our Website;

15.6.        a breach of the intellectual property rights of any person;

16.         Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

16.1.         If you are not happy with our services or have any complaint, then you must tell us by email message to sales@openpass.co.uk or by post at Open Pass, Beacon House, Stokenchurch, HP14 3QF.

16.2.        If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

16.3.        We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

17.         Miscellaneous matters

17.1.         You undertake to provide us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require enabling us to fulfil our obligations under this contract.

17.2.        If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.3.        The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

17.4.        If you are in breach of any term of this agreement, we may:

17.4.1         terminate your account and refuse access to Our Website;

17.4.2        remove or edit Content, or cancel any order at our discretion;

17.4.3        issue a claim in any court.

17.5.        No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6.        You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

17.7.        Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message].

17.8.        This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

 

17.9.        The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

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