The Little Surprises Company | Terms & Conditions

The Little Surprises Company Ltd - Terms and Conditions

Last updated November 2020

The Little Surprises Company Ltd (“TLSC”) issues gift cards to its customers via its website. Each voucher is an opportunity to provide three surprise (unknown) experiences for a recipient of the present (a Collection of Little Surprises).

Whilst every effort is made to ensure the descriptions and pictures contained within the website and on the Little Surprises experience vouchers are a true reflection of the events in respect of which the voucher may be redeemed, these do not form part of a contract. If on contacting the third party operator to redeem your voucher, the Surprise described is no longer available, the Little Surprise will be exchanged for an alternative surprise.

Please note that the Little Surprises are subject to change without notice. This does not affect your statutory rights.

Our acceptance of an order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

Defined Terms (unless clearly inappropriate, singular terms refer also to the plural and vice versa):

“Collection of Little Surprises” means three (3) separate Little Surprises.

“Little Surprise” means each experience described in a Little Surprise Card to be provided by a Surprise Supplier.

“Little Surprise Card” means each card (excluding to the Welcome Card) sent to the Surprise Recipient containing information on the relevant Little Surprise and how to book or redeem each Little Surprise.

“Surprise Purchaser” means the individual that purchases the Collection of Little Surprises for the Surprise Recipient.

“Surprise Recipient” means the individual nominated by the Surprise Purchaser to receive the Collection of Little Surprises.

“Surprise Supplier” means the nominated third party that shall supply or otherwise provide the surprise experience(s) to (without limitation) the Surprise Recipient.

“Welcome Card” means the initial card sent by TLSC to the Surprise Purchaser (or Surprise Recipient) that includes information on the specific purchase and how to activate the Little Surprises.

“TLSC Customer Number” means the TLSC designated customer number issued to the Surprise Recipient upon activation of the Collection of Little Surprises and required to redeem each Little Surprise.

“TLSC Surprise Redemption Code” means a unique number that will be emailed to the Supplier Purchaser and or the Supplier Recipient (as the case may be) - a different code will be notified in respect of each Little Surprise.

"Virtual Little Surprise" means an online experience provided by a third party.

"Team Celebration" means a private workshop with a third party booked through The Little Surprises Company acting as a commercial agent.

1. Prices

The prices of a Collection of Little Surprises are fixed and do not vary based on the value of the Little Surprise included within a collection. Please be aware that TLSC is not operating as a discounted experiences provider.

2. Validity of the Little Surprise

TLSC will issue a Welcome Card within three business days of your initial purchase. This can be sent directly to the Surprise Purchaser or, at the Surprise Purchaser’s election, the Surprise Recipient.

The Surprise Recipient or Surprise Purchaser (as the case may be) must log on to our website https://www.thelittlesurprisescompany.co.uk/about-us to activate the Collection of Little Surprises not less than two months from the date of the initial purchase - failure to do so will result in forfeiture of the relevant Little Surprises Collection (please also refer to section 6 below).

Every three months, TLSC will send a Little Surprise Card to the Surprise Recipient subject to a maximum number of three (3) Little Surprise Cards per each Collection of Little Surprises purchased. The Little Surprise Card contains details of the Little Surprise including the location, available times and how to book. The Surprise Recipient is free to book their preferred date for the experience. The Little Surprise(s) are subject to availability and in some cases, subject to weather conditions on the day. In order to avoid disappointment, we recommend that you book the experience well in advance and DO NOT organise travel or accommodation until the booking has been confirmed by the third party operator.

Once a specific date has been booked, the Surprise Recipient and Surprise Purchaser may be required to enter into a separate contract with a third party and be subject to the terms and conditions that third party operator may have.

3. Booking

Each TLSC Surprise Redemption Code will be sent by email to the Surprise Purchase, or Surprise Recipient (as the case may be) for increased security and to prevent any issues with being lost in the post. These will arrive within five days of the relevant Little Surprise Card being posted. Please be aware that each TLSC Surprise Redemption Code is subject to these terms including without limitation the Cancellation clause 9 and limitation of liability clause 10 (below).

Please note, the Surprise Purchaser and or the Surprise Recipient must not arrive at a venue to redeem a Little Surprise Card without first having made (and had confirmed) a booking with the relevant third party operator. Specific instructions for each Little Surprise will be provided in the Little Surprise Card. Please ensure these instructions are used to organise the experience. TLSC is not liable for any costs or losses incurred if you do not follow the procedure set out in these Terms and Conditions and or any other information provided to you by TLSC.

4. Event Duration

Details of experience duration described on the Little Surprise Card are to be used as a guide only. Most events will be 'open' days, meaning that other members of the public will be taking part too. This could mean taking your turn with other members of the public. The information on our website and Little Surprise Card is meant as an indication of what to expect at the session. As the Little Surprise Card can be redeemed in return for multi-location experiences, session lengths, agendas, vehicles used, numbers of participants and other factors specific to that experience may vary from location to location. Delays, curtailments and breakdowns are not within our control and therefore we cannot be held liable.

5. Safety

The undertaking of these activities may involve some personal risk. With some events you may be required to sign a disclaimer on the day, please read these documents carefully. Some personal insurance policies may not cover some of the experiences in respect of which our Little Surprise Card may be redeemed. Please check with the third party operator and your insurer well in advance of your day. Note that third party operators usually require participants to comply with specified safety procedures. Please listen and take note if they ask you to do something - it is usually for your own safety. All

Virtual Little Surprises available for purchase on the Website are offered by The Little Surprises Company on behalf of its Partners. That is, The Little Surprises Company takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website (including those services purchased as part of a virtual event.

6. Validity

Each Little Surprise Card is valid for a maximum number of three (3) months from the date of issue. Each Little Surprise Card must be redeemed within three months of issue (unless otherwise stated). All experiences should be booked and taken before the expiry date stated on the Little Surprise Card. Failure to do so will result in the forfeiture of the relevant Little Surprise and TLSC will not issue any refund (partial or otherwise) PLEASE NOTE – out of date Little Surprise Card will be invalid.

7. Allocating the right Surprise

TLSC aims to choose an experience that the Surprise Recipient will be able to access and enjoy. Please ensure that you have provided accurate and up to date details of any accessibility requirements in the “Surprise Details” form before purchase. The more details that you provide us with in terms of likes and dislikes, the better matched the activity will be.

8. Complaints

The easiest way to resolve any problems that you may experience is to speak to the third party operator on the day. They will ensure that any issues are rectified. If you are still not satisfied, please send in details of your complaint (including your Little Surprises Customer Number and the name of the person you spoke to on the day) to: hannah-beth@thelittlesurprisescompany.co.uk. Please remember that the third party operator will have the opportunity to respond as well. Similarly, we would like to hear any positive feedback.

9. Cancellations

Once you book a specific date with a third party operator you may also be bound by their terms and conditions regarding cancellations in addition to the terms and conditions herein. Once a date is confirmed with a third party operator it is not possible to change this date unless the third party operator agrees to the change. Where a date cannot be altered by a third party operator, TLSC will not be liable to issue a refund (partial or otherwise) in respect of the Collection of Little Surprises or the relevant Little Surprise. In the unlikely event that one of the third party operators needs to cancel the experience after you have booked a date, they will contact you direct. We strongly recommend however, that you contact the third party operator on the day before you depart for your experience. In the event of cancellation, TLSC will not be held liable for (without limitation) the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs or losses incurred whether direct or indirect.

10. Operators & liability

When redeeming a Little Surprise Card and booking an experience with a third party operator you will be entering into a separate agreement with the third party operator and may be bound by their own terms and conditions, including any restrictions applied by that third party operator.

Although TLSC shall use reasonable endeavours to select appropriate third party operators, TLSC cannot be responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you whilst participating in the experience for which the third party operator shall be solely responsible.

By purchasing a Collection of Little Surprises and booking an experience, you acknowledge that the experience in respect of which the Little Surprise Card will be redeemed is dependent on certain factors beyond the control of TLSC and you agree that TLSC shall not be liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control, including weather-related reasons, mechanical failure, location changes or otherwise. We do not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. If mechanical machinery breaks down, you should ask the third party operator for reasonable substitutions without notice.

The total liability of the TLSC for any claim whatsoever in connection with the Collection of Little Surprises or any experience in respect of which a Little Surprise Card is redeemed or for any other liability arising out of or in relation to (without limitation) the contractual and or non-contractual (including without limitation negligence) relationship between us, the Surprise Purchaser and the Surprise Recipient shall be limited (to the extent permitted by law) to the total price paid for the Project Management Fee to The Little Surprises Company.

We have tried to ensure that the descriptions and images used on all marketing material are accurate. However, images are intended to give a general idea of the potential surprise experience and do not form part of any contract between the Client.

11. Team Celebrations

Virtual Little Surprises available for purchase as Team Celebrations are offered by The Little Surprises Company on behalf of its Partners. That is, The Little Surprises Company takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website (including those services purchased as part of a virtual event).

By joining a Virtual Little Surprise, you acknowledge that the experience is dependent on certain factors beyond the control of TLSC and you agree that TLSC shall not be liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control, including weather-related reasons, mechanical failure, covid 19, location changes or otherwise. We do not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. If mechanical machinery breaks down, you should ask the third party operator for reasonable substitutions without notice.

The total liability of the TLSC for any claim whatsoever in connection with a Team Celebration or for any other liability arising out of or in relation to (without limitation) the contractual and or non-contractual (including without limitation negligence) relationship between us, the third party Little Surprises Provider, the Client and the workshop attendees shall be limited (to the extent permitted by law) to the total price paid for the

12. Spectators

The Collection of Little Surprises are designed to be enjoyed by two participants. Third party operators may allow you to bring additional spectators to watch you participate in your selected experience. When redeeming a Little Surprise Card and booking your date please inform the third party operator that you wish to bring other people. Some third party operators may request a nominal payment for spectators. Spectators are required to comply with the third party operators' terms, conditions and expectations of conduct. Any spectators deemed under the influence of drugs or alcohol will not be permitted on site.

13. Refunds

We're happy to make refunds on unused Little Surprises bought direct from TLSC within 14 days of initial purchase. Once a Little Surprise Card is redeemed and an experience with a third party operator is booked, you may be bound by their Terms and Conditions. Please make yourself aware of these at the time of booking. All refunds will be made to the person who purchased the Collection of Little Surprises and they will be refunded directly via the original method of payment. Should this not be possible for any reason, the refund shall be issued by cheque. All refunds are processed at month-end and take between 5 and 10 working days to show in the purchaser's account. To request a refund please email hannah-beth@thelittlesurprisescompany.co.uk and include the subject: “Refund request”.

14. Gift Cards

All Little Surprise collections ordered before the specific cut off times (6pm) on a weekday for delivery by Second Class Royal Mail will be dispatched within 72 hours three business days (excluding Bank Holidays). We cannot be held liable for any loss suffered as a result of mail being delayed. The Little Surprise Card is invalid if it has been tampered with or defaced. TLSC accepts no responsibility for lost or stolen Welcome Cards or Little Surprise Cards. Please keep the Little Surprise Card(s) in a safe place and protect them as you would money.

Please note, the last possible order date for a delivery in time for Christmas is five days before Christmas. Under exceptional circumstances, we can send an electronic Welcome Card. Please specify that you would like for this to happen in the “comments” section when purchasing.

15. Data Protection

Your privacy is our highest priority - Your details will only be used to process orders, gather feedback & data regarding our products & services and to send you promotional material. Sub-contractors may also be used to fulfil tasks on our behalf, included but not limited to points referred to in this section.

16. Privacy Policy

Our privacy policy can be found here (https://www.thelittlesurprisescompany.co.uk/privacy-policy

17. Social Network Guidelines

User Conduct: You agree not to upload, post, email or otherwise transmit on our official social media sites (which includes (without Limitation) our Twitter, Facebook and or Instagram site(s): (a) any User Content or other data that is false, inaccurate, unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any unsolicited or unauthorised advertising, promotional materials, "junkmail," "spam," or any other form of solicitation; or (c) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Content posted by you on our official social media sites (which includes (without limitation) our Twitter, Facebook and or Instagram site(s)): You acknowledge that you are responsible for all the information, data, text, software, photographs, graphics, video, messages and other materials ("User Content"), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the website and/or social network services. With respect to all User Content you elect to post, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any User Content that violates these terms and conditions or is otherwise objectionable.