TERMS AND CONDITIONS
The terms and conditions apply to anyone making a booking with FireFly Events, Inc. (�the Group Leader�) for an event (�the Event�) and to any and all persons participating in the Event (�the Participants�). Group Leaders and Participants shall be deemed to have accepted these terms and conditions without having signed the booking form. The Group Leader is responsible for all charges incurred by the Group hereunder and for ensuring that all Participants are aware of and adhere to the terms and conditions of FireFly Events, Inc. (�FireFly�). The providers of FireFly activities (�Providers�) have their own terms and conditions which will be included in your confirmation of booking.
We require a non-refundable deposit as notified at time of booking to secure a booking for an Event. All bookings are made and accepted as a group booking and the person placing the booking is deemed the Group Leader. The Group Leader is bound by these terms and assumes all responsibility to settle the balance of the invoice before the due date. We reserve the right to decline a booking at our discretion. The Group Leader is required to complete a booking form either written or online.
A deposit in the amount of the cost of one Participant in the Event is required to reserve the booking in addition to submitting the signed booking form. Once submitted, your booking will be confirmed. If all or some of the package you have chosen is unavailable, we will make alternate arrangements or issue a refund for that portion of the Event. Final payment is due not later than 30 days prior to the Event date. Payments by credit card are subject to a 2.5% processing fee.
At the time of booking, the Group Leader booking the Event shall determine and agree to a minimum and maximum number of Participants for the Event which shall be included in the booking. If your group size fails to obtain the minimum number of Participants included in the booking not later than 30 days prior to the Event, the Event will be cancelled unless FireFly, in its sole discretion, elects to proceed with the Event, in which case FireFly reserves the right to increase the package price per person. In the event of cancellation, charges shall be paid to FireFly as set forth below in the CANCELLATION section. If your Group size exceeds the maximum number of Participants in the booking, FireFly may either limit the number of participants to the original maximum number of Participants determined at the time of booking or, in FireFly�s sole discretion, subject to availability and costs applicable at the time of booking, additional Participants may be added. If the costs have increased between time of original booking and adding extra people, or if additional Participants increase the costs of the Event, the Group Leader and all Participants are responsible to pay FireFly for the increased charges.
Cancellation by Participants and/or Group Leader. In the event of a cancellation initiated by the Participants and/or the Group Leader, the Group Leader must notify us in writing. Cancellation may also be caused by failure to obtain the minimum number of Participants. Upon cancellation the following charges will apply: (a) more than 30 days before the event, a sum equal to 20% of the total cost of the event for the actual number of prospective Participants, but in no event less than the minimum number of Participants nor more than the maximum number of Participants; (b) 30-15 days before the event, a sum equal to 50% of total costs of the event for the actual number of prospective Participants, but in no event less than the minimum number of Participants nor more than the maximum number of Participants plus any and all Provider penalties incurred by FireFly; (c) less than 15 days before the event, a sum equal to 100% of total costs of the event for the actual number of prospective Participants, but in no event less than the minimum number of Participants nor more than the maximum number of Participants, plus any and all Provider penalties incurred by FireFly. Cancellation by FireFly. Stuff happens and we can�t always plan for it. In instances of force majeure or circumstances removed from our sphere of influence, including but not limited to acts of god, fire, technical problems, inclement weather, industrial disputes, and acts of government, FireFly reserves the right to cancel the Event. If the safety of the Participants becomes a concern we reserve the right to cancel any part of the Event. In the event of bad weather or other safety issues, we will do everything we can to help you reschedule the Event to a different date. Bad weather does not require that we tender a refund. If we cancel for reasons other than those listed above, we will refund all payments made by you to us and FireFly will have no further liability to you.
ADDITIONAL RESPONSIBILITIES AND OBLIGATIONS OF PARTICIPANTS
In addition to the other responsibilities and obligations of Participants contained in these Terms and Conditions, the following responsibilities and obligations apply. All Participants must inform us of any medical conditions that may effect his/her participation in the Event. Providers have the right to disqualify anyone at any time if they feel a Participant�s continual participation jeopardizes the group or his/her own safety or enjoyment of the others in the Group; under these circumstances refunds are not given. The participation of Participants under the influence of drugs or alcohol may be terminated without a right to a refund. Should improper behavior on your part result in damages you agree to compensate FireFly. Each Participant must: (a) maintain a manner that is courteous and polite with fellow Participants and Providers; (b) select a trip that is appropriate to the Participants� interests and abilities; (c) bring clothing to fit the activity; (d) use caution and use the provided safety equipment; (e) follow all rules and regulations of all the Providers; and, (f) arrive on time. Failure to follow these responsibilities and obligations can result in the cancellation of an activity by FireFly and/or the Provider.
All of our events carry an element of risk and we strongly advise that you provide your own medical insurance and travel insurance. Each Provider will require you to sign a waiver prior to the Event; refusing to sign a waiver will forfeit your participation and it will be classed as a cancellation. FireFly is not responsible and will not accept liability for any injuries or death, sustained on the Event nor is it liable for any losses of your property.
FireFly will only use the details required to process your order for administration purposes and processing. FireFly will not sell or give your information to third parties for marketing purposes.
DESCRIPTION OF EVENTS
All information on the FireFly website is correct at the time of print. There may be variances in the descriptions versus the actual activity due to Providers, location, equipment and possible itinerary changes. We work hard to maintain an accurate correlation and cannot be held responsible for those variances. Participants are responsible for arriving at the time printed on their itinerary. This time takes several factors into account including orientation, equipment check and additional activity specific necessities.
ACCURACY OF WEBSITE
FireFly makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at www.fireflygroupevents.com (�the Website�); however, the Website still may contain technical inaccuracies or typographical errors. FIREFLY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIAL OR CONTENT CONTAINED IN THE WEBSITE. FIREFLY PROVIDES SUCH CONTENT AND MATERIAL, INCLUDING THE TEXT, GRAPHICS AND LINKS, TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.
NO LIABILITY FOR PROVIDERS OF FireFly Events, Inc. ACTIVITIES
All Providers of FireFly activities are independent contractors and not the employees of FireFly. FireFly is not responsible for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. FIREFLY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY FIREFLY ACTIVITIES OR THE PROVIDERS THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ALL FIREFLY ACTIVITIES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT PROVIDER AND YOU SHALL LOOK SOLELY TO THE RELEVANT PROVIDER FOR ANY MATTERS OR COMPLAINTS RELATED TO THE EVENT ACTIVITY. FIREFLY SHALL NOT BE LIABLE FOR PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY FIREFLY EVENT OR THE ACTIONS OR OMISSIONS OF ANY PROVIDER IN CONNECTION WITH THE SAME EVEN IF FIREFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PURCHASING AND/OR REDEEMING A FIREFLY EVENT, YOU HEREBY RELEASE AND FOREVER DISCHARGE AND PROMISE NOT TO SUE OR ASSERT AGAINST FIREFLY AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, EXPENSES AND COSTS WHATSOEVER THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, INCLUDING WITHOUT LIMITATION, ALL CLAIMS AT LAW OR IN EQUITY OF EVERY NATURE AND KIND, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, PRESENTLY EXISTING OR WHICH MAY ARISE IN THE FUTURE CAUSED BY, ARISING FROM, RELATED TO OR OTHERWISE ATTRIBUTABLE TO THE ACTIONS OR OMISSIONS ON THE PART OF ANY PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN A FIREFLY EVENT. Some jurisdictions may not allow the disclaimer of certain warranties or the limitation of liability for incidental or consequential damages; thus, some of the disclaimers of warranties and limitation of liability set forth in these Terms and Conditions may not apply to you. You may be required to execute a separate waiver and release of liability in form and substance satisfactory to the Provider before being permitted to participate in the experience. Providers may or may not be covered by liability and/or property damage insurance and even when a Provider may have obtained such insurance, your participation in the Provider�s activity may not be covered by such insurance.