- Interpretation
Definitions:
“BatFast”means BatFast Cricket Centers Ltd with correspondence address of Unit 12, Quayside Court, Colwick Quays Business Park, Nottingham, NG4 2JY.
“Bookings” means the booking of the simulator time, as per our website.
“Booking Fee” means the fee charged to Members, guests of Members that are attending with a Member and non-members.
“Customer” means the person who is named on the booking form.
“Lane” means the simulator set up at the Nottingham site
“Terms and Conditions”: means the terms and conditions of booking the Lane set out below.
“Website”: means BatFast’s website https://www.batfast.com
- Agreement to these Terms
When booking the Lane at BatFast, the Customer confirms that it has read and agrees to be bound by these Terms and Conditions.
- Booking Terms and Payments
3.1 Customers shall pay the Booking Fee to attend Bookings. A Booking Fee shall not be refunded if a Customer is unable to attend the Booking.
3.2 All charges quoted to the Customer for the provision of Bookings are inclusive of VAT.
3.3 All bookings are to be made with 24 hours notice as a minimum. Any bookings made within 24 hours notice will be subject to an additional charge and all monies paid will be non-refundable.
3.4 If a Customer is unable to attend a booking they have made, they may request to reschedule to a later date, subject to availability. Rescheduling of bookings should not be done within 24 hours of the original booking date.
3.5 If a booking is rescheduled with less than 24 hours notice being given, the Customer may be subject to an additional fee, at BatFast’s discretion.
- Warranties and Liability
4.1 BatFast shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of BatFast’s obligations in relation to the Booking, if the delay or failure is due to any cause beyond BatFast’s reasonable control, and time shall not be of the essence. In respect of an event cancelled by BatFast for any reason whatsoever, liability shall be limited to refunding the Booking Fee.
- General
5.1 If you enter your details in any enquiry form or contact form you are giving your express permission for your details to be added to our data base for contact and marketing purposes. Your details maybe provided to a third party, see Clause 5.4 below.
5.2 BatFast understands that email marketing is a useful tool, however, Customers are politely asked to keep email marketing to other Customers to a minimum and to include an ‘opt-out’ facility on every email. BatFast reserves the right to suspend the Customers’s access to the Website in the event of complaints from other Customers, and such complaints would constitute a breach of these Terms and Conditions.
5.3 Customers and attendees at an Event acknowledge and accept that BatFast reserves the right to publish email contact details of the attendees at each Event. The contact details may be provided to other attendees, the speaker, the venue, nominated charities or other worthy causes (as determined by BatFast from time to time). If you would prefer that your contact details are not published, please let us know by contacting us at info@batfast.com
5.4 As a Customer of BatFast, the Customer agrees to conduct themselves in a professional and business-like manner, treating other customers and the team with respect at all times. If BatFast should receive a complaint about any Customer’s behaviour, it reserves the right to ask the Customer not to return. Such complaints would constitute a breach of these Terms and Conditions.
5.5 Booking of the Lane at BatFast is at the sole discretion of BatFast and it reserves the right to refuse a Customer.
5.6 Our website uses cookies to monitor browsing preferences. If you do allow cookies to be used, certain personal information may be stored by us. We will never share your personal details with third parties.
5.7 Wavier. No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.8 Confidentiality
5.8.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.
5.8.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know
such information for the purposes of carrying out the party’s obligations under these
Terms and Conditions. Each party shall ensure that its employees, officers, representatives,
subcontractors or advisers to whom it discloses the other party’s confidential information
comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
5.8.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
5.9 Notices. Any notice to BatFast is to be sent in writing to Unit 14 Bloomsgrove Industrial Estate, Bloomsgrove Road, Nottingham, NG7 3JG or by email to info@batfast.com. Notices to the Customer will be sent to the address on the booking form, unless BatFast is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.
5.10 Severance. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
5.11 Entire agreement. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
5.12 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
5.13 Variation. No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
5.14 Force majeure. Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from Bookings, circumstances or causes beyond its reasonable control.
5.15 Third parties. No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
5.16 Governing law. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
5.17 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.