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Terms & Conditions

Terms & Conditions

 

VIRGIN EXPERIENCE DAYS - TERMS & CONDITIONS FOR EXPERIENCES

These terms and conditions describe the basis for the purchase by you and sale by us of the Vouchers, Products or Gift Cards described on this website (the "Website").

  1. Virgin Experience Days

    In these terms and conditions, "we" and "us" means Virgin Experience Days Limited (company number 2409444), whose registered office is at Stamford House, Boston Drive, Bourne End, SL8 5YS.
  2. Formation of agreement

    We market and sell through the Website gift experiences ("Experiences"), gift products ("Products") and Gift Cards (defined below). Your purchase of Vouchers (defined below), Products or Gift Cards and/or participation in an Experience is subject to these terms and conditions. An agreement for us to sell you Vouchers, Products or Gift Cards is made on the basis of these terms and conditions when we accept your order and receive your payment through the Website. (This agreement between us is referred to in these terms and conditions as this "Agreement"). A description of your order, price, and delivery costs are set out in the order page.
  3. Experiences

    We sell two types of vouchers for Experiences on the Website: (i) vouchers which entitles the holder to the Experience stated; and (ii) vouchers which entitle the holder to choose, up to the value stated on them, one of a collection of Experiences marketed by us; (together the "Experience Vouchers") The fulfilment of an Experience will be by selected third party experience operators (the "Operators") acting on our behalf.
  4. Products

    We sell a range of Products through the Website. Products are either (i) tangible Products which are shipped by or on behalf of Virgin Experience Days Limited to an address specified by the purchaser at the time of purchase; or (ii) vouchers ("Product Vouchers") which may be redeemed by the purchaser or recipient in exchange for a Product or to activate a Product subscription ("Voucher Products"). Selected third party suppliers (the "Suppliers") act on our behalf to supply Voucher Products to purchasers and recipients who redeem Product Vouchers. When the term "Voucher" is used in this Agreement, it refers to Experience Vouchers and Product Vouchers together.
  5. Gift Cards

    We sell gift cards through the Website which can be used in place of other methods of payment to purchase Products and Vouchers through the Website (the "Gift Cards").
  6. Personalised Products

    If the product includes personalised content selected by you, it is a personalised product (Personalised Product). These products include but are not limited to personalised Gift Messages and Greetings Cards.

    It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt). 

    Please double-check your order on screen to ensure that all the details are correct.

    If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations.

    By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to the requirements of the product you have ordered (such as by cropping images to fit within a specific design).

    The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.

    If you use third party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability  whatsoever if any Customer IP infringes on third party copyright. You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.

    Content Rules (taste and decency)

    We do not permit Personalised Products to include any content or material which:

    (a) infringes anyone's IP (see above). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product;

    (b) contravenes any applicable law (including, without limitation, any criminal law) or regulation;

    (c) is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;

    (d) misrepresents identity or impersonates any person;

    (e) includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;

    (f) is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;

    (g) may harass, upset, embarrass or alarm any person;

    (h) gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;

    (i) may violate the integrity and reputation of our name, and the names of our partners and licensors;

    (j) advocates, promotes or assists any unlawful act;

    (k) includes or makes reference to illegal drugs; or

    (l) makes reference to politicians' names and/or political statements.

  7. Orders

    The placing of an order constitutes your acceptance of the terms and conditions set out in this Agreement but does not constitute the creation of a contract between us. We reserve the right to decline to process an order for any reason whatsoever but orders are accepted if the Voucher(s) is available, the order reflects current pricing, you are based in a participating country and your credit, debit card or other payment mechanism is authorised for the transaction. We will confirm receipt of your order through our on-screen confirmation of your order. We will confirm acceptance of your order and receipt of your payment via email. If an order cannot be fulfilled for any reason, we will promptly refund you. Duplicate orders are sometimes inadvertently placed or despatched. We ask that you return any duplicates immediately or contact us for further instructions. Should duplicate Vouchers be used, we will be entitled to claim payment for the costs incurred.
  8. Dispatch

    Unless we specify otherwise, all other Orders will be dispatched following receipt of payment and in accordance with the delivery method specified when placing the order. All delivery dates are given only by way of guidance and we will not be held liable in any way for late delivery nor can we be held responsible for damage in the post. We shall attempt to deliver the Order(s) to the address you specify for delivery, or if none, to the payment address you supply. It is important that the addresses supplied by you to us are accurate. We must wait 10 working days before deeming an undelivered Voucher as lost. If your Voucher is not delivered, you must advise us of non-receipt within 21 days of purchase. Electronic Vouchers (“E-vouchers”) will be sent to the email address you provide us. It is important that you give us a valid email address and tell us of any changes to it. Please check your junk mail folder if the E-voucher does not arrive in your inbox. If your E-voucher is not delivered, you must advise us of non-receipt within 21 days of purchase.
  9. Redeeming Vouchers

    All Vouchers carry a unique serial number which must be quoted when dealing with us, Operators and Suppliers and must be kept safely and securely. Vouchers are activated online at https://www.virginexperiencedays.co.uk/myvoucher. Operators may request that Vouchers are taken on the day of the Experience and surrendered to the Operator or may request that Vouchers are sent to them to secure a booking or order. We recommend sending Vouchers by email or secure mail, if requested, as they are not replaceable if lost. We cannot accept responsibility for any loss you may incur as a result of theft, impersonation or identity fraud. Your Voucher will be deemed to be used at the date you place a booking with an Operator or an order with a Supplier. An Experience must be undertaken before the expiry date printed on the face of the Voucher. Product Vouchers must be used to order Voucher Products before the expiry date printed on the face of the Product Voucher. Data protection and privacy Please see our Privacy Policy https://www.virginexperiencedays.co.uk/privacy for full details of how and why we process your personal data.
  10. International/overseas orders

    The content of the Website is directed solely at those who access the site from the United Kingdom. All prices shown on our websites are in GBP and all transactions are conducted in GBP. If ordering from overseas or in a foreign currency account you may be charged fees by your bank to process the transaction. These fees are in addition to any prices on our website and are beyond our control.
  11. Access to the Website and content

    We are continually improving our Website and adding to the Experiences and Products available so changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice. We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.
  12. Descriptions, formats and timings

    Product and Experience descriptions, formats and timings given on the Website and in any other literature are only intended to present a general idea of the Product or Experience, are for your information only and shall not be considered binding. In particular, photographs are for illustrative purposes only. We cannot be held responsible for descriptions by or on any third party, Supplier or Operator websites. Experience locations are correct at the time of publication but may change or be withdrawn for reasons beyond our control. As we offer Experiences at a wide number of venues, details such as session lengths, itineraries, equipment used and numbers of participants may vary from location to location. Most Experiences will be “open” meaning that other members of the public will be taking part or attending too.
  13. Variations

    Please note that Operators and Suppliers reserve the right to alter any part of an Experience or Product. Experiences and Voucher Products may occasionally be withdrawn for reasons outside of our control, and we cannot be held liable for any costs incurred as a result of this. Should this occur, you will be advised and offered the opportunity to exchange your Voucher for one with the same face value. If alternatives are not available, no refunds can be offered but a Gift Card for the same value will be offered. Please see "Cancellations" below for further information.
  14. Experience availability

    The participant is free to book their preferred date within the Voucher Validity Period (as defined below), subject to availability, as stated on the face of the Voucher. Experiences are subject to availability and, in some cases, may be subject to weather conditions (if your Experience is weather dependent we advise telephoning the Operator before you set out to confirm that the event will take place). To avoid disappointment, we recommend that bookings are made well in advance, at least 6-8 weeks for the majority of Experiences. During peak periods it may be necessary to book further in advance although some Operators may occasionally be able to fit in a booking at short notice. We recommend booking as early as possible as the Experience must have been undertaken before the expiry date printed on the face of your Voucher. We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your booking from the Experience Operator. Please see "Validity" and "Extensions" below for further terms and information.
  15. Experience restrictions

    Most Experiences are subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary depending on Operator or location so please check before making your booking. Details of these restrictions are available via the Website, please visit virginexperiencedays.co.uk/myvoucher. It is your responsibility to ensure that you choose an Experience appropriate for the intended participant and it is the responsibility of the participant to double check that the restrictions are not prohibitive. If you are unsure of the suitability please contact us for further information.
  16. Experience spectators

    Spectators are welcome at certain types of Experience and occasionally an Operator may make a small charge to cover insurance and/or refreshments. Some Operator venues may have restrictions on spectators due to safety regulations. Participants are advised to check with the Operator when booking.
  17. Prices

    We reserve the right to vary the prices of the Experiences and Products which we offer. The then applicable Experience or Product prices may differ from the value on the face of your Voucher.
  18. Value added tax (VAT)

    Prices shown include VAT when and where applicable.
  19. Security

    Vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. We can accept no liability in these circumstances.
  20. Validity

    All Vouchers are typically valid for 9 months from date of purchase unless otherwise stated in the product information or stated on the front of the Voucher (the "Validity Period"). Experiences must be booked following the recommended booking lead time guidance and undertaken prior to the expiry of the Validity Period. Voucher Products must be ordered prior to the expiry of the Validity Period.
  21. Extensions

    • If you can’t take your Experience or fail to order your Voucher Product within the Validity Period, and provided an extension is processed within 4 weeks following the expiry of your Voucher's Validity Period, you may be able to extend the Validity Period if we still provide the Experience or Product.
    • Extended Vouchers have an additional validity period of up to 9 months and there is an administration fee of £20.
    • You can extend your Voucher online. Please visit http://www.virginexperiencedays.co.uk/myvoucher to complete an extension.
    • If your Voucher is an Experience Voucher or Product Voucher and the price of your chosen Experience or Product has increased you will be required to pay the difference between the new price and the price paid for your Voucher when completing an extension.
    • The administration fee along with any further payments must be sent to us for an extension to be processed, further details will be made available to you during the extension process. You may be asked to send in your original Voucher.
    • Once a Voucher has been extended it cannot be refunded.
    • Some Vouchers can’t be extended. Unless otherwise specified, these include Vouchers whose Validity Period has expired more than 4 weeks prior to the extension request, Vouchers for Products or Experiences that are no longer on sale (such vouchers may be exchanged for an alternative, valid experience and then extended), Vouchers which are competition prizes or promotional free gifts and Vouchers purchased through special or promotional offers, multi–choice vouchers and Gift Cards. For more terms concerning competition prizes, special and promotional offers please see "Competition prizes, special offers and promotional offers" below.
  22. Exchanges

    Most Vouchers issued by us are flexible. If you want to exchange your Voucher this is what you need to know:
    • You can exchange your Experience or Product Voucher to any other Experience or Voucher Product, however some restrictions may apply.
    • If your exchange is for a Voucher which is more expensive than your original Voucher you will be required to pay the difference.
    • If your exchange is for a Voucher which is less expensive than your original Voucher the difference will be held as a credit to use against any future purchase up until end of the Validity Period of your original Voucher and is non-refundable and cannot be used towards an administration fee.
    • If your Voucher is part of a package, you cannot exchange just one part, the package must be exchanged in full.
    • The Validity Period of the exchanged Voucher will be calculated from the purchase date of the originally purchased Voucher.
    • You can exchange your Voucher online. Please visit virginexperiencedays.co.uk/myvoucher to request an exchange.
    • Corporate vouchers, event tickets, competition prizes and promotional free gifts cannot be exchanged unless otherwise stated.
  23. Refunds

    Refunds can be made on unused Vouchers, Products and Gift Cards purchased direct from us within 30 days of purchase. A refund cannot be given for a Voucher which has been used to (i) make a booking with or purchase an event ticket from an Operator; or (ii) place an order with a Supplier. Refunds can only be made to the original purchaser and the monies will be refunded directly to the original method of payment. Refunds cannot be given on expired, extended or exchanged Vouchers. A Voucher purchased through a retailer (other than us), reseller or other third party will be subject to that retailer’s own refund policy and enquiries must be made directly to them. We cannot refund items purchased from third party resellers. Competition prizes or promotional free gifts cannot be refunded and we cannot offer refunds for personalised items and perishable goods. To request a refund please contact our customer services team. You may be asked to send your Voucher or Product to us so that we can process your refund.
  24. Returns

    The cost of returning your Voucher or Product for exchange or refund will not be borne by Virgin Experience Days and we strongly recommend that a secure delivery service such as Royal Mail Special Delivery (with postal insurance as appropriate) is used as exchanges and refunds cannot be processed until we receive the Voucher or Product in question.
  25. Operators and Suppliers

    We have contracts in place with our Operators and Suppliers regarding their standard of performance and supply and, where appropriate, Operators and Suppliers have confirmed they are registered with their relevant controlling or regulatory bodies. Once a booking has been made with an Operator or order placed with a Supplier the participant is also bound by the terms and conditions of that Operator or Supplier. By purchasing or redeeming an Experience Voucher or redeeming a Face Value Voucher for an Experience you acknowledge that Experiences are dependent on certain factors beyond the control of Virgin Experience Days and agree that we are not liable for the cancellation, postponement or alteration of any Experience for reasons beyond our reasonable control (including but not limited to weather-related reasons, mechanical failure, location changes or otherwise). Please note that Experiences and Products are subject to change without notice. This does not affect your statutory rights.
  26. Experiences: problems on the day

    We welcome your feedback on all of our Experiences. If you encounter a problem on the day, please immediately bring it to the attention of the Operator at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please contact us by email or via our webchat service within a week of your Experience (providing your Voucher serial number, participant’s name and venue and Operator details, including who you spoke to on the day) and we will be happy to take the matter up with the Operator on your behalf. Please note that the Operator will have the opportunity to investigate and respond.
  27. Cancellation by Operators

    If an Experience is cancelled by the Operator either before or on the day of the event due to circumstances beyond their control, the Operator will arrange to re-book the participant at a mutually agreed time on our behalf. Virgin Experience Days cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by the participant in the event of a cancellation.
  28. Cancellation by participants

    Once a booking is made with an Operator the participant is bound by the Operator terms and conditions. Make sure you understand Operator rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered by us in the case of infringement of these rules. We may provide a replacement Voucher in the event of cancellation by the participant owing to circumstances beyond their control.
  29. Liability cover

    All UK and Eire Operators contract with us to indemnify participating Voucher holders against damage to equipment they use, and against liabilities to third parties, subject to limits set out in and compliance with the Operator's rules, terms and conditions, which may vary between Operators. We also hold cover, subject to terms and limits, for contingent liabilities arising at Operator venues. Where Experiences require overseas travel, the participant is strongly advised to take out specialist travel insurance. Some Operators may offer additional indemnities at an extra cost. Such indemnities are entirely optional and you are under no obligation to purchase them. Your entitlement to undertake the Experience will not be affected if you choose not to accept an additional indemnity. Any additional indemnities purchased from an Operator will be governed by that Operator’s terms and conditions and do not form any part of your contract with us.
  30. Liability of Virgin Experience Days

    1. We shall be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    2. We do not exclude or limited in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to Vouchers and Products provided by us.
    3. We market and sell Vouchers and Products to you for domestic and private use only. If you use Vouchers or Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
    4. Unless otherwise specified in this Agreement, our aggregate liability to you in connection with this Agreement shall not exceed the value of the Vouchers or Products ordered by you or on your behalf.
  31. Competition prizes, special offers and promotional offers

    Vouchers which are competition prizes or promotional free gifts and Vouchers purchased through special or promotional offers may be subject to restrictions including (but not limited to) dates and times of use, Validity Periods and experience range or content which the Voucher can be redeemed or exchanged for. Please be sure to check these before purchasing and contact our customer services team if you are in any doubt. 

    Vouchers which are competition prizes or promotional free gifts and Vouchers purchased through special or promotional offers cannot be refunded or extended unless otherwise specified. 

    Vouchers purchased through special or promotional offers include any Voucher which was sold at a discounted price or as part of a special offer, whether or not this is stated on the Voucher.

  32. Discount codes & entitlements

    We reserve the right to exclude any product or experience or service from discounts. 

    Only one Discount Code may be used per order.

    Discount Codes apply to new orders only 

    Discount Codes cannot be used against certain Excluded Products,  Gift Cards, exchanges, extensions, money on account, delivery and packaging charges or any other service or facility provided by us. 

    The use of some Discount Codes are restricted to certain customer groups including members of certain organisations, societies and professions. You may be required to provide evidence of your entitlement to any such discount.

    Where a Discount Code has a discrete value, this discount will be apportioned across all items in proportion to the value of the items but excluding packaging and delivery

    Where a refund is issued on an entire order, the amount refunded will be the cost for the total order shown on your order confirmation after any discounts but excluding Delivery and packaging unless otherwise stated

    Where a refund is requested on part of an order purchased using a Discount Code, the amount refunded will be the cost shown for that individual Voucher or experience being refunded on your order confirmation after any discounts but excluding Delivery and packaging unless otherwise stated

  33. Third parties and re-sale

    A person who (i) is not recorded as the purchaser of a Voucher or Product by Virgin Experience Days; (ii) has not redeemed a valid Voucher with a Supplier or Operator; or (iii) is not an Experience participant has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement. Vouchers and Products supplied are not for resale. A Voucher or Product which has been re-sold (for example, through internet auction sites or by any other means) without our prior consent will be considered invalid. Neither we nor any of our Operators or Suppliers will be under any obligation to provide any service in respect of re-sold Vouchers or Products sold without our prior consent.
  34. Email

    Emails to you (including delivery of E-vouchers) shall be to the address you specify to us. It is important that you give us a valid email address and tell us of any changes to it.
  35. Intellectual property

    The copyright in the material contained in the Website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including apps) belongs to Virgin Experience Days Limited, its subsidiaries or the providers of such materials. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. Virgin Experience Days is a trademark licensed to Virgin Experience Days Limited. Other product and company names (if any) mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
  36. Severance

    Each of the paragraphs and sub-paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect.
  37. Statutory rights

    These terms and conditions do not affect your statutory rights as a consumer.
  38. Governing law

    These terms and conditions shall be governed by and interpreted in accordance with English law. Virgin Experience Days Limited, the purchaser and the participant in an Experience submit to the exclusive jurisdiction of the English courts.
  39. General

    All the clauses and sub clauses in this Agreement are independent of each other. If one clause or sub clause is invalid or unenforceable, this will not affect any other clause or sub clause. If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right, on a later occasion. These terms & conditions are subject to change. Any changes we make to these terms in the future will be posted on this page. Please check back frequently to see any updates or changes to these terms.

Dated: 22nd October 2021. These supersede all previous terms and conditions.