terms & conditions

Discover Tribe Ltd ('Tribe')

  1. Scope – these Terms & Conditions (“the Terms”) shall apply to all bookings made with Tribe and the Lead Person named on the booking form (“the Lead Person”) making a booking with Tribe on behalf of themselves and the rest of the persons named on the booking form (together “the Party”).
  2. The Contract – by making a booking with Tribe, either directly or via their website [web address] the Lead Person is offering to purchase Services from Tribe on the basis of these Terms. In making the booking the Lead Person confirms that:
         i. If they are booking on behalf of an organisation that they have legal authority to commit that organisation to be bound by these terms and conditions;
         ii. They have read these terms & conditions and that they agree on behalf of the Party that they will be bound by them including any other members of the Party who join after the booking date;
         iii. They are over 18 years of age and resident in the UK;
    iv. The Party complies with the age restrictions specified for the use of the Services;v. They are responsible for payment of the total booking value together with any subsequent cancellation or amendment charges.
    Booking information:
         i. A booking can be made either by email or by phone;
         ii. The price is set according to the number of people participating in the Party;
         iii. Payment can be made via any major credit or debit card.
    The contract shall only be formed when Tribe, at their absolute discretion, acknowledges acceptance of the order in writing or the commencement of delivery of the Services whichever occurs first. No pricing made available by Tribe shall constitute an offer capable of acceptance and Tribe expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by Tribe in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. The Lead Person is responsible for checking that the terms and details of any booking are correct and accurate and must advise Tribe of any inaccuracies or faults.
  3. Contract Variations –
         i. Tribe reserves the right to vary or alter the specifications of its Services at any time and without notice unless otherwise agreed in writing with the Lead Person.
         ii. Any contract variation by the Lead Person must be submitted in writing to Tribe for assessment as to impact on price. Such variation will not have contractual legal effect until agreed in writing by both parties.
  4. “Services” – Services governed by these Terms means any Services made available by Tribe as listed in the order and may include:
         i. Standard Services – these are part of Tribe’s standard range of sessions/courses which are available for purchase by all Lead Persons and are publicised as being for general sale in company marketing documents and/or on the company website;
         ii. Bespoke Services – these are non-standard Services designed and produced by Tribe to the explicit instructions and requirements of the Lead Person.
         iii. Note that Sessions are 1 day events whereas course are multi-day events
  5. Pricing –
         i. All pricing quoted is exclusive of VAT and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
  6. Payment –
         i. Tribe will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law;
         ii. Tribe will require a deposit to be paid to secure the booking;
         iii. For courses final payment of any balance due must be paid 30 days before the start of the course;
         iv. For sessions final payment of any balance due must be made 7 days before the start of the session;
         v. Tribe will require full payment to be made at the time of booking.
         vi. Time for payment shall be of the essence and admission to Tribe will not be permitted unless full payment has been made.
  7. Admission restrictions –
         i. Minimum age for admission is 6 years old for sessions and 9 years old for courses. The Lead Person accepts and confirms that they will accept responsibility for the behaviour and welfare of all members of the Party who are aged under 18;
         ii. Children between the age of 6 and 17 must be accompanied by at least one adult 18 or over;
         iii. The Lead Person may be asked for proof of identity including confirmation of phone number, email address and age before admission is allowed and they should bring proof with them. If the Lead Person has misrepresented their age at the time of booking then admission will be refused without refund;
         iv. Disabilities and/or medical problems. The nature of the Services available through Tribe is such that they may not be appropriate for some people with certain disabilities or medical problems. If any member of the Party has a disability or medical problem then the Lead Person must provide full details at the time of booking so that advice can be given as to the suitability of the Services and/or any reasonable adjustments that can be made to accommodate the disability/medical problem. Depending upon the disability/medical problem a doctor’s certificate may be required that certifies that the person is fit to participate in the Services. Provisions of such a certificate will be the responsibility of the Lead Person at their expense. If Tribe, at its sole discretion, decides that it is unable to properly accommodate the needs of the person then the booking will not be confirmed. If details of any disability or medical condition are not revealed at the time of booking but became evident at a later date then Tribe reserves, at its sole discretion, to cancel the booking and charge cancellation fees accordingly;
         v. If the Party do not arrive on time then Tribe reserves the right to cancel the booking without refund. A booking becomes a no-show and will be cancelled and entry declined if the Party is more than 30 minutes late for a session or 60 minutes late for a course;
         vi. If any member of the Party arrives in an intoxicated or otherwise unsafe state then at the sole discretion of Tribe the individual(s) or the entire Party may be refused admission and the booking will be cancelled without refund. Tribe operates a zero-tolerance policy regarding acts of violence, threats of violence or behaviour that is either discriminatory, racist or is, in any other way in Tribe’s opinion, offensive towards its employees and/or any other persons present and if there is any such behaviour then the offender will be refused admission and the police may be called and action(s) either criminal and/or civil may be brought against the offender;
         vii. Members of the Party should wear proper and suitable attire including footwear and Tribe reserves the right to refuse admission if this is not the case without refund;
         viii. If less members attend than it is booked for then the price difference will not be refunded;
         ix. If more members attend than are booked for then they will be accommodated if possible up to the maximum number allowable of 64 split into groups of 16 as long as the price difference is paid upon arrival either by cash or by credit/debit card.
  8. Lead Person’s responsibilities, liabilities and duties – Tribe is designed to be a fun experience for all involved but inappropriate behaviour can damage the enjoyment for others and threaten their safety. The Lead Person is responsible for the conduct of themselves and the behaviour of the members of the Party. Accordingly:
         i. The Lead Person is responsible for ensuring that they and the Party are present for the safety and event rules briefing and that they pay attention to the briefing and note its contents;
         ii. The Lead Person is responsible for ensuring that any completed consent forms, contact and medical information forms are submitted to Tribe no later than 14 days before the start of a course and 7 days before the start of a session;
         iii. The Lead Person and the Party confirm that they will behave in accordance with the Tribe rules as instructed by Tribe. If any member of the Party fails to do so and in the process, behaves in a way that could cause injury to others and/or could cause damage to the premises, its contents or the personal possessions of employees or other persons then they may, at Tribe’s sole discretion be asked to leave immediately without refund;
         iv. The consumption of alcohol, smoking or the use of illegal drugs is expressly forbidden at all times on either sessions or courses. Any participant found to be in breach of this will be asked to leave immediately with no refund of any fees paid;
         v. Tribe operates a zero-tolerance policy regarding acts of violence, threats of violence or behaviour that is either discriminatory, racist or is, in any other way in Tribe’s opinion, offensive towards its employees and/or any other Lead Persons present and if there is any such behaviour then the offender will be asked to leave without refund and the police may be called and action(s) either criminal and/or civil may be brought against the offender;
         vi. All members of the Party undertake not to bring any object that could be dangerous, harmful or hazardous onto the premises. This includes, but is not limited to, explosive items including fireworks, sharp items capable of wounding or causing lacerations to the skin, anything that would be viewed by the police as a weapon or any other item that could cause harm to any other person on the premises. If such an object is found then each member of the Party hereby grants Tribe the right to remove and confiscate the item or to demand that the offender leaves the premises immediately without refund. Tribe reserves the right to report any such incident to the relevant and interested authorities;
         vii. Each member of the Party hereby agrees that Tribe is entitled to charge members of the Party for any damage which is caused either intentionally or because of misuse of items;
         viii. All items of personal property brought onto the site by members of the Party are done so at their own risk.;
         ix. Taking of photographs and videos by the participants is permitted only if there is consent from each participant and their parents/ legal guardians if the participants are under the age of 18. If any participant does not have consent then special restrictive arrangement s will have to be made. If any recording in any form that is in breach of this policy is found by Tribe then each member of the Party hereby grants Tribe the right to delete or otherwise remove any such recording;
         x. The Services are designed for parties of 1-64 people and no parties outside of this number will be admitted;
         xi. Participants are not permitted to bring any food or drink with them – all food and drink is provided by Tribe Ltd on all courses and select sessions.
  9. Event photos –
         i. Photos of each Party will be taken throughout each session/course by Tribe;
         ii. These photos will be stored on our server and also uploaded to Tribe’s Facebook page;
         iii. Photos may also be uploaded to other social media sites without names attached;
         iv. If any member of a Party does not wish to have their photo taken then they must make that request clear to Tribe at the time of registration;
         v. Photos of Party members under the age of 16 will not be taken without the express written permission of the Lead Person.
  10. Intellectual Property – all Intellectual Property Rights created during the performance of any contract governed by these Terms is and shall remain the property of Tribe. This includes any trademarks and logos displayed and no member of the Party may use these without permission. Unless confirmed in writing and signed by an authorised representative of Tribe nothing in the terms of this agreement shall vest any ownership rights in the Lead Person or any other member of the Party.
  11. Limitation of liability – Tribe limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
         i. All representations, warranties and conditions relating to the supply of the Services and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
         ii. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Services. This includes, but is not limited to, liability in respect of the Lead Person and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time;
    Nothing in this disclaimer will:
         i. Limit or exclude your or our liability for death or personal injury resulting from negligence;
         ii. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
         iii. Limit any of our liabilities in any way that is not permitted under applicable law;
         iv. Exclude any of our liabilities that may not be excluded under applicable law.
    Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
  12. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
         i. If the Lead Person is a consumer and if Tribe has agreed your requirements at a face to face meeting away from our premises and the Lead Person has either confirmed the contract at that meeting or immediately after that meeting or has purchased services from Tribe via an organised distance selling operation then the above Regulations may apply.
         ii. Right to cancel: If these Regulations apply, the Lead Person has the right to cancel the order within 14 days of Tribe receiving the confirmation of order. In order to do so the Lead Person must cancel the agreement in writing or by fax or email to Tribe. In the case of contracts for service Tribe cannot start to supply the service until the 14 days cancellation period has expired unless we receive a request in writing from the Lead Person to start the service within the 14 day cancellation period. PLEASE NOTE: In requesting an early start to the service the Lead Person agrees to forfeit their right to cancel within 14 days as provided for in the Regulations.
         iii. Tribe shall carry out the agreed services as efficiently as possible, but the nature of the services may mean that we are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Lead Person is agreeing that we need not perform the contract within a maximum of 30 days.
  13. Privacy – Neither party will, under any circumstances, share or sell any of the other party’s details or information to any 3rd party without that party’s prior written consent.
  14. Waiver – no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
  15. Termination of Contract –
         i. Cancellation by Lead Person     – any contract governed by these Terms may not be cancelled by the Lead Person without the Tribe’ prior written consent. Upon giving consent Tribe reserves the right to charge a cancellation fee of £25 together with any further liquidated losses arising from the cancellation relating to Services that are the subject of the contract. If the Lead Person wishes to cancel or amend the booking they should first contact Tribe Ltd in writing with a signed and dated request sent to the address given in the Notice clause below.
    In the event of the booking being cancelled more than 57 days prior to the start of the session or course then the deposit will be repaid in full subject to the above administration charges.
    In the event of a booking being cancelled less than 57 days prior to the start of the session or course then the following charges (together with administration charges) will be applied:
              • 56-29 days – 60% of the total cost payable;
              • 28-15 days – 80% of the total cost payable;
              • 1-14 days – 90% of the total cost payable;
              • Less than 1 day – 100% of the total cost payable
         ii. Cancellation by Tribe – Tribe can terminate any contract governed by these Terms immediately upon written notice to the Lead Person and suspend any further deliveries if the Lead Person fails to perform any of its obligations within the contract. If Tribe cannot fulfil the contract due to unforeseen circumstances outside of Tribe’s control then alternative sessions/courses will be offered. If the alternatives are not suitable then a full refund of all monies paid will be made.
  16. Force Majeure – Tribe shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Tribe’s reasonable control
  17. Notice – Any notice or communication served during the performance of this agreement shall be sent by hand or by recorded delivery first class post to the following address: Discover Tribe Ltd, 77 Cemetery Road, Dronfield, S18 1XX.
  18. Severability – the provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
  19. Governing Law – Any differences arising between Tribe and the Lead Person concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
  20. Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
  21. Dispute Resolution – The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
    If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
  22. Whole Agreement – These Terms governing any contract established with the Lead Person constitute the entire Agreement between Tribe and the Lead Person and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Tribe.