Ts & Cs
Terms and Conditions
Last updated: 20th September 2018
Users of the services offered by AVA Experience acknowledge and accept these terms and conditions.
We may amend these terms by updating this page. You should check the website occasionally to review these terms because it is the terms and conditions at the time of purchase that are binding on you.
1. About AVA
This website is operated by AVA Experience Limited (“AVA” and “we”) a company registered in England and Wales with company number 11339869 and registered address 47 Marylebone Lane, London, England, W1U 2NT.
AVA is an online members’ club that allows its members to bid on and buy experiences that are offered by Experience Providers.
We negotiate and advertise experiences with various Experience Providers on behalf of our members. These experiences may have specific terms and conditions attached to them, which will be displayed on the website in relation to any specific experience so please check before making any bid or purchase. Terms could include age, physical and medical restrictions, experience redemption dates, when the experience must be booked by and when the experience must be redeemed by.
We are not the supplier of the experiences, the supplier of the goods or services will be a third party and this third party will be made clear on the relevant auction page on the website. This third party is solely responsible for supplying the experience. The third party has agreed separately with us that they will supply the experiences bought through our website.
Once a booking has been made with an Experience Provider you are also bound by the Terms and Conditions of that Experience Provider. It’s therefore important that you understand these Terms and Conditions and specifically any terms in relation to changing or cancelling a booking.
When purchasing or redeeming an experience through AVA, you acknowledge that experiences are dependent on factors beyond the control of AVA and agree that AVA is not liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control.
Experiences may on occasion be withdrawn due to circumstances outside of our control. AVA cannot be held liable for any costs incurred as a result of this.
Unless explicitly stated, no AVA experiences can be used in conjunction with other offers.
3. Experience descriptions
Experience descriptions, formats and timings provided on the AVA website and elsewhere are only intended to provide a sense of the experience. Photographs are for illustrative purposes only, do not represent the precise experience you may receive on winning an auction and do not form part of any agreement between you, AVA and any Experience Provider.
We cannot be held responsible for descriptions by or on any third party or Experience Providers’ websites or in any other materials.
4. Experience availability
Some experiences will be for specific dates and times and it is your responsibility to ensure that you are able to attend on these specified times and dates.
Other experiences may be more flexible and allow you to book a time and date that is preferable to you. This may still be bound by certain terms, such as certain days or times that the experience is available.
All experiences are subject to availability. To avoid disappointment we recommend that customers book well in advance. We suggest that you book your experience as early as possible.
5. Your personal data and data protection
6. Your rights
Once you have placed a bid you cannot retract that bid.
If any experience does not live up to its description the matter should be resolved directly with the provider of that experience. However, we want our members to have great experiences and do not want to work with experience providers that fall short of our high standards. If they do, please also let us know via email firstname.lastname@example.org
7. Price and payment
The price of an experience is determined by the auction, with the highest bid determining the ultimate price for the experience. In order to purchase an experience you must first successfully win the auction for that experience. We shall then issue you with instructions as to how that experience is redeemed.
When you make a bid for an experience you are entering a legally binding contract to purchase that item if you go on to have the winning bid.
If you do win the auction, payment will be taken directly from your registered payment card. You will not be able to bid without registering a payment card and billing address.
Please note that you are responsible for reading the full item listing before making a bid.
If you want to share the Website’s content with the public, we are happy for you to do so, but please do attribute us.
9. Service access
We try to make sure that our service is available 24 hours a day, but we will hold no liability if for any reason the service is unavailable at any time or for any period.
Each registration is for a single member only. We do not permit you to share your account details with any other person.
11. Intellectual Property
The Website is the exclusive property of AVA
12. Our liability
You agree that you are making use of our services at your own risk and that the services are provided by AVA “as is”, with no express or implied warranty for accuracy or availability.
In addition, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
- the content you provide (directly or indirectly) using AVA;
- your use of or your inability to use our services;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
You agree to indemnify and hold AVA and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the member’s content, use of or connection to the service, violation of these terms, or violation of any third-party rights.
14. There terms and conditions
These terms and conditions do not affect your statutory rights as a consumer, and are governed by and in accordance with English law. You agree to the jurisdiction of the English courts. These terms & conditions are subject to change.
The services provided by AVA as described in these Terms and on the AVA website.
Any user of the Service, whether a human being or legal entity.
The third parties that provide the Services to any Member.