STANDARD TERMS AND CONDITIONS:

 

1. Messy Marvels Proprietary Limited, Registration Number: 2014/147663/07 (the “Company”) hosts sensory play classes / parties / pop-up events (“Activities” or “Activity”) subject to these Terms and Conditions read with the Company’s Deed of Consent and Indemnity.

 

2. Bookings for the Activities must be made by the customer (“Customer”):

• Not less than 20 (twenty) calendar days prior to the requested date for the Activity where the Customer is booking a party; and

• Not less than 3 (three) calendar days prior to the requested date for the Activity where the Customer is booking place in a sensory play class or pop-up event.

 

3. Once the Customer has requested a booking for his / her chosen Activities, the Company shall issue to the Customer a quotation detailing the fees payable by the Customer for the Activities booked by the Customer (“Activity Fee”).

 

4. A booking made by the Customer for the Activities shall only be secured upon payment of a non-refundable deposit in an amount equal to 50% (fifty percent) of the Activity Fee (“Deposit”).

 

5. The quotation shall be valid for a period of 48 (forty-eight) hours. Should the Deposit not be paid within 48 (forty-eight) hours of delivery of the quotation to the Customer by email, then the quotation shall lapse and the Customer shall forfeit the reserved date and shall be required to make a new booking.  

 

6. Where the Customer is booking the Company to host a party, the full Activity Fee must be paid to the Company no less than 7 (seven) calendar days prior to the date of the booked Activity. Failure to make payment of the full Activity Fee shall result in the booking being cancelled and the Deposit shall be retained by the Company.

 

7. Where the Customer is booking place in a sensory play class or pop-up event, the full Activity Fee must be paid to the Company no less than 3 (three) calendar days prior to the date of the booked Activity. Failure to make payment of the full Activity Fee shall result in the booking being cancelled and the Deposit shall be retained by the Company.

 

8. Should the Customer wish to cancel a booking, the Customer shall deliver written notice to this effect to the Company to the following email address: messymarvels.sa@gmail.com and the following shall apply (“Refund Policy”):

 

• If the booking is cancelled more than 48 (forty-eight) hours prior to the date of the booked Activity, the Company shall retain the Deposit and the Customer shall only be entitled to a refund of any amount paid by the Customer to the Company in excess of the Deposit; and

• If the booking is cancelled less than 48 (forty-eight) hours prior to the date of the booked Activity, the Customer shall not be entitled to a refund of the Activity Fee paid by the Customer to the Company.

 

9. The Customer shall be entitled to request changes to a booking in writing, which request must be submitted to the Company no less than 7 (seven) calendar days prior to the date of the booked Activity. Subject to clause 11 below, no changes to the booking will be permitted during the 7 (seven) calendar day period immediately prior to the date of the booked Activity.

 

10. Subject to clause 11 below, the Customer shall be entitled to request that a booking be postponed, which request must be in writing and must be submitted to the Company no less than 7 (seven) calendar days prior to the date of the booked Activity. The booking shall be postponed to the next available date which is suitable to both the Customer and the Company. The Customer shall only be entitled to request for the booking to be postponed on one occasion. Should the agreed postponed date not be suitable the booking shall be cancelled and the Refund Policy as detailed in clause 8 above shall be applied.

 

11. Where the Customer has booked place in a sensory play class or pop-up event less than 7 (seven) calendar days prior to the booked Activity, no changes to or postponements of the booking shall be permitted, unless the Company, in its sole and absolute discretion, elects to permit the changes or postponement within the 7 (seven) calendar day period immediately prior to the date of the booked Activity.

 

12. Should the Company not be able to host the Activities on the date of the booked Activities due to a force majeure, vis maior, casus fortuitus or any other similar event (including but not limited to the illness of the person hosting the Activities for the Company, natural disaster, riot, war, terrorist attack, accident, embargo, legislation, regulation or directive having the force of law, civil commotion, civil unrest or disturbance) the booked Activities shall be postponed to the next available date which is suitable to both the Customer and the Company. The Customer shall not have any claim against the Company for damages arising out of the postponement of the booked Activities in such circumstances.

 

13. All persons participating in the Activities (“Participants”) do so entirely at their own risk. All Participants or their legal guardians (in the event that the Participant is a minor (being any person under the age of 18)) shall be required to sign and submit to the Company, the Company’s Deed of Consent and Indemnity before participating in the Activities.

 

14. The Company reserves the right to refuse admission to and/or participation in the Activities to any Participant and/or to remove a Participant from the Activities whom the Company feels is unsuitable for the Activities or who is engaging in antisocial or unsafe behaviour.

 

15. No refunds or compensation will be payable by the Company to the Customer in the event that a Participant is not permitted to or elects not to participate in or complete the Activities.

 

16. All Participants who are minors must be accompanied by and must at all times be under the direct supervision of a responsible adult Participant. No Participant who is a minor shall be left unattended at any time during the Activities.

 

17. For the duration of the Activities, all Participants who are minors shall remain under the sole care and control of the responsible adult Participant accompanying them. The Company does not under any circumstances assume care and control of any minor Participants. The adult Participant shall at all times be responsible for his/her actions and the actions of any minor Participant in their care and shall ensure that he/she and the minor Participant in their care, act in a reasonable and safe manner.

 

18. Any items made by the Participants during the Activities may be retained by the Participants and must be removed at the end of the session. Any items not removed by the Participants at the end of the session shall be discarded by the Company.

 

19. The Company will not be responsible for any damage to or loss of clothing or other personal items of a Participant arising from their participation in the Activities.

 

20. The Company does not accept responsibility for the loss of property or theft suffered by any Participant while participating in the Activities. The personal belongings of a Participant should not be left unattended at any time during the Activities.

 

21. The Participants shall strictly obey all reasonable instructions and rules given to them by the Company during the Activities and shall ensure that all minor Participants within their care, also obey such instructions and rules.

 

22. The Activities shall involve food products and the Participant shall be solely responsible to ensure that they and any minor Participant within their care do not consume or come into contact with any products to which they are allergic. The Customer or a Participant may request details of the ingredients in the products used during the Activities. Such information may be requested from the Company in writing via email.

 

23. The Company shall not be responsible for the loss, damage, injury or death of or to any property, the Customer, a Participant or to any person arising from the booking of or participation in the Activities, except to the extent that the loss, damage or liability is directly attributable to the gross negligence or a wilful act or omission on the part of the Company.

 

24. No Participant shall be permitted to participate in any Activities if they are unwell and the Participant shall ensure that they do not attend the Activities should they be ill. Should a Participant appear to be ill during the Activities the Company reserves the right to request such Participant to leave the Activity.

 

25. The Company shall not be liable for any losses or damages suffered by the Customer, a Participant or the legal guardian of a Participant as a result of them coming into contact with and contracting any illness from another Participant during the Activities, including but not limited to, a Participant contracting Covid-19. Should a Participant test positive for any highly contagious illness, including but not limited to Covid-19, shortly after participating in the Activities, such Participant or their legal guardian must advise the Company immediately so that the Company can notify all persons who came into contact with such Participant during the Activities.

 

26. These Terms and Conditions shall be governed, interpreted and executed exclusively in terms of the laws of the Republic of South Africa.

 

27. The rule of interpretation that a contract will be interpreted against the party responsible for the drafting the contract and any similar rules of interpretation shall not apply to these Terms and Conditions.

 

28. If any provision of these Terms and Conditions, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms and Conditions, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.