Terms and Conditions
Application: the Client’s application for Services as set out in the Maksatics’ Application Form, the Client’s acceptance of a quotation by Maksatics, or overleaf, as the case may be.
Application Form: an application form completed by the Client to apply for a place in a Camp organised by Maksatics from time to time.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Camp: a children cinematographic camp organised by Maksatics from time to time worldwide.
Camp Rules: rules introduced by Maksatics describing the rules of behaviour and prohibitions for the participants of the Camp.
Commencement Date: has the meaning given in clause 2.2.
Conditions: these terms and conditions as amended from time to time.
Contract: the contract between Maksatics and the Client for the supply of Services in accordance with these Conditions.
Client: a parent or a legal guardian of a Minor Child who has purchased Services from Maksatics for the Minor Child to participate in the Camp.
Maksatics: Maksatics Limited, a company incorporated and registered in England and Wales with company number 09263027 whose registered address is at Glebe House Church Lane, Aldenham, Watford WD25 8BE.
Minor Child: a child of age 11 -17 years old indicated in the Application Form.
Price: the price payable by the Client for the supply of the Services in accordance with clause 5.
Programme: a programme of activities including but not limited to film production activities, game-based sport activities, sightseeing and excursions organised by Maksatics from time to time during its Camps.
Services: provision of Camps by Maksatics to the Client.
(a) a reference to legislation or a legislative provision:
(i) is a reference to it as it is in force as at the date of this Contract; and
(ii) shall include all subordinate legislation made as at the date of this Contract under that legislation or legislative provision.
(b) any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) a reference to writing or written includes email and communications via messengers such as WhatsApp and Telegram.
2. Basis of contract
2.1 The Application constitutes an offer by the Client to purchase the Services in accordance with these Conditions.
2.2 The Application shall only be deemed to be accepted when Maksatics issues written acceptance of the Application at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 Any descriptive matter or advertising issued by Maksatics, and any descriptions or illustrations contained in Maksatics’ website, social media, catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by Maksatics shall not constitute an offer.
3. Supply of Services
3.1 Maksatics shall supply the Services to the Client in accordance with the Programme.
3.2 Maksatics warrants to the Client that the Services will be provided using reasonable care and skill.
3.3 Maksatics shall use all reasonable endeavours to accommodate any Programme dates requested in the Client’s Application Form. Maksatics take no responsibility if it is unable to provide the requested dates. The dates shall not be of the essence for performance of the Services.
3.4 Maksatics reserves the right to amend the Programme if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.
3.5 Maksatics reserves the right to decline to provide the Services in the event Maksatics is unable to provide the Services to the Client and the Minor Child in a safe manner or if it turns out that the Camp activities are unsuitable for the Minor Child. If this is discovered before the Camp start date, Maksatics will refund the Price to the Client in full.
3.6 Maksatics has a right to terminate provision of the Services if the Minor Child does not follow the Camp Rules and require the Client to collect the Minor Child from the Camp by providing written notice to the Client.
4. Client’s obligations
4.1 The Client shall:
(a) ensure that any information in the Application Form they provide is complete and accurate;
(b) ensure that they have read and understood the Programme before they submitted their Application Form;
(c) co-operate with Maksatics in all matters relating to the Services;
(d) provide Maksatics, its employees, agents, consultants and subcontractors, with accurate and truthful information about their Minor Child health conditions, special needs requirements and other information as reasonably required by Maksatics;
(e) provide Maksatics with such information as Maksatics may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(f) provide the necessary permissions and consents to enable their children to travel to the Camp which are required to be received by Maksatics before the date on which the Services are to start;
(g) ensure that their child has travel and medical insurance for the duration of the Camp;
(h) complete the required consent forms in a timely manner;
(i) obtain the necessary visas and permits for the Minor Child to travel to the destinations of the Camp
(j) inform Maksatics at least 2 weeks before the start of each Camp if the Minor Child will require to and from the airport transportation and ensure that each Minor Child holds the appropriate transfer fee funds on the date of travel to pay for the transfer in cash as communicated to the Client by Maksatics;
(k) be contactable on short notice during the entire term of the Camps which their Minor Child is attending from time to time;
(l) be available on short notice to pick up the Minor Child from the Camp should it become required; and
(m) comply with any additional obligations as set out in the Application.
5. Price and payment
5.1 The Price for the Services shall be provided to the Client at the time the Application is made.
5.2 The Price excludes airport transfers, air fares and travel costs of the Client, Minor Child and chaperons to and from the Camp.
5.3 Maksatics shall be entitled to charge the Client for any expenses reasonably incurred as a result of the damage cause by the Minor Child during the Camp to accommodation, third party property and other associated expenses.
5.4 Maksatics shall invoice the Client for the Services as soon as Maksatics accepts the Application.
5.5 The Client shall pay each invoice submitted by Maksatics within 7 days of the date of the invoice in full and in cleared funds to a bank account nominated in writing by Maksatics from time to time.
5.6 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Maksatics to the Client, the Client shall, on receipt of a valid VAT invoice from Maksatics, pay to Maksatics such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.7 If the Client fails to make a payment due to Maksatics under the Contract by the due date, then, Maksatics shall be entitled to cancel the Contract and shall be under no obligation to offer another space at the Camp to the Client.
5.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. Limitation of liability
6.1 References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
6.2 Nothing in this clause 6 shall limit the Client’s payment obligations under the Contract.
6.3 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by the Supply of Goods and Services Act 1982.
6.4 Subject to clause 6.3, Maksatics’s total liability to the Client for all loss or damage shall not exceed the Price the Client paid for the Services.
6.5 Unless the Client notifies Maksatics that it intends to make a claim in respect of an event within the notice period, Maksatics shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of its having grounds to make a claim in respect of the event and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
6.6 This clause 6 shall survive termination of the Contract.
7.1 Without affecting any other right or remedy available to them, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the Client fails to pay any amount due under the Contract on the due date for payment;
(b) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 3 days of that party being notified in writing to do so;
(c) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
(d) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
7.2 Without affecting any other right or remedy available to it, Maksatics may suspend the supply of Services under the Contract or any other contract between the Client and Maksatics if the Client is in breach of clause 4.
7.3 The Client may cancel the Contract by written notice to Maksatics at any time.
7.4 The Client acknowledges that Maksatics needs to book the accommodation in advance of the Camp and that it may be unable to recoup these costs if the Client cancels the Services. If the Client cancels the Contract under clause
7.3 the Client reserves the right to charge a cancellation fee. The cancellation fee shall be:
|Cancellation before the Event Date
|60 days prior to the Camp start date
|95% of the Price
|45 days prior to the Camp start date
|70% of the Price
|5 days prior to the Camp start date
|100% of the Price
8.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8.2 Assignment and other dealings.
(a) Maksatics may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Maksatics.
8.3 Entire agreement.
(a) The Contract constitutes 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.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
8.4 Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
8.5 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
8.6 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 8.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in the Application.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 8.7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 8.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
8.8 Third party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
8.9 The Contract, 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.
8.10 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 the Contract or its subject matter or formation.