If you take bookings through Bookwhen, the Merchant Terms & Conditions apply to you instead.

1. Definitions and Interpretation

   1. In these Terms, the following capitalised terms shall have the following meanings:
      • “Agreement” means these Terms together with Bookwhen’s Privacy Policy, as modified or updated from time to time.
      • “Booker”, “You” or “Your” means any individual or legal entity accessing or using the Services to reserve, or purchase a booking for an Event listed by a Merchant.
      • “Bookwhen”, “Us”, “We” or “Our” means Bookwhen Ltd, a private limited company registered in England and Wales with its registered office at Belsyre Court, 57 Woodstock Road, Oxford, OX2 6HJ (Company No. 08914060).
      • “Bookwhen Website” means Bookwhen’s software application, website, and digital booking platform located at https://bookwhen.com and related subdomains.
      • “Chargeback” means any payment dispute, credit card chargeback, payment reversal, or debit adjustment initiated by a cardholder with their payment card issuer, together with associated administrative or scheme penalty fees.
      • “EEA” means the European Economic Area.
      • “Event” means any class, course, workshop, activity, appointment, ticketed entry, or event listed, organised, and managed by a Merchant using the Services.
      • “Force Majeure Event” means any event or circumstance beyond a party’s reasonable control, including acts of God, flood, drought, earthquake, epidemic, pandemic, war, civil commotion, terrorist attack, failure of public utility or telecommunication networks, labor strikes, or governmental restrictions.
      • “Intellectual Property Rights” means all patents, copyright and related rights, trademarks, trade names, domain names, rights in get-up, goodwill, database rights, trade secrets, know-how, and all other intellectual property rights (registered or unregistered) globally.
      • “Merchant” means the independent third-party individual, business, or entity using Bookwhen’s software to list, organise, accept bookings for, and deliver Events.
      • “Merchant Contract” means the direct legal contract formed between You and the relevant Merchant governing the provision, attendance, pricing, cancellation, and refund of an Event.
      • “Payment Processor” means any third-party payment gateway or financial institution (including Stripe and PayPal) integrated with or utilised via the Services to handle payment transactions.
      • “Services” means the booking platform provided by Bookwhen enabling Merchants to set up booking pages and allowing Bookers to make event reservations.
      • “Statistical Data” means aggregated, anonymised data derived from the use of the Services that does not identify any individual Booker or contain personal data.
      • “Your Data” means all personal data, content, information, or materials submitted or inputted into the Services by You or on Your behalf.
   2. Headings in these Terms are for convenience only and shall not affect their interpretation. References to the singular include the plural and vice versa.

2. Bookwhen’s Role and Intermediary Status

   1. Software Platform Only. You acknowledge and agree that Bookwhen operates exclusively as a technology software provider. Bookwhen provides software tools that enable independent Merchants to market, schedule, and accept reservations for their Events. Bookwhen is not an event organiser, promoter, travel agent, broker, or partner of any Merchant, nor does Bookwhen act as an agent for any Merchant.
   2. Separate Merchant Contract. When You book an Event using the Services, You enter into a direct, legally binding contract with the relevant Merchant (the “Merchant Contract”). Bookwhen is not a party to the Merchant Contract and assumes no liabilities, obligations, or responsibilities under or in connection with it.
   3. Merchant Responsibility. The Merchant is solely responsible for:
      1. The accuracy, completeness, and lawfulness of all Event details, schedules, venue locations, ticket descriptions, and pricing;
      2. The actual organisation, delivery, safety, legality, and quality of the Event;
      3. Establishing, communicating, and enforcing clear cancellation, exchange, and refund policies; and
      4. Responding to and managing all Booker support inquiries, complaints, and dispute resolution.
   4. Third-Party Content. All third-party content supplied by Merchants via the Services is provided on an “as is” basis. Bookwhen does not inspect, vet, verify, endorse, or guarantee any Merchant listings, credentials, safety measures, or compliance with applicable laws.

3. Capacity, Eligibility, and Account Security

   1. Age Eligibility. By accessing or using the Services, You represent and warrant that You are at least 18 years of age (or the legal age of majority in Your jurisdiction) and possess full legal capacity to enter into a binding agreement. If You make a booking on behalf of a minor, You confirm that You are their parent or legal guardian, or that You have obtained explicit authorisation from their parent or legal guardian to enter into this Agreement on their behalf.
   2. Account Security. If You create an account or booking profile on the Services, You are solely responsible for maintaining the security and confidentiality of Your login credentials. You accept full responsibility for all activities occurring under Your account and agree to notify Bookwhen immediately of any unauthorised access or security breach.

4. Event Bookings, Pricing, and Manifest Errors

   1. Manifest Pricing Errors. While Bookwhen strives to ensure accurate technical operations, errors may occasionally occur. In the event that an Event or ticket is displayed at an incorrect price due to a system glitch, software bug, or obvious pricing error, Bookwhen and the relevant Merchant reserve the right to cancel any bookings placed at the incorrect price, issue a full refund of any monies paid, and re-offer the booking at the correct price without further liability.
   2. Prohibition on Commercial Resale. Bookings purchased through the Services are for personal use only (or for the personal use of Your designated attendees). You shall not resell, transfer for commercial gain, ticket-scalp, or exploit bookings without the express written permission of the Merchant and Bookwhen.

5. Payments, Refunds, and Chargebacks

   1. Payment Processing. Online payment transactions are processed directly via third-party Payment Processors (such as Stripe or PayPal). By submitting payment details, You agree to abide by the applicable terms, conditions, and privacy policies of the relevant Payment Processor. Bookwhen is not a payment processor, acquiring bank, or money service business, and does not hold or control Booker funds.
   2. Refunds and Cancellations. Any request for a refund, cancellation, ticket transfer, or credit must be directed directly to the Merchant in accordance with the Merchant Contract and the Merchant’s refund policy. Bookwhen has no authority to issue refunds, process payment transfers, or reverse transactions on behalf of a Merchant.
   3. Chargebacks. In the event of a Chargeback, payment dispute, or reversal initiated by You or Your card issuer, You agree to resolve the dispute directly with the Merchant. Bookwhen shall have no liability to You for any fees, penalties, or damages incurred in connection with Chargebacks or payment disputes.

6. Health, Safety, and Assumption of Risk

   1. Inherent Event Risks. You acknowledge that participation in certain Events (including fitness, sports, dance, outdoor, and physical training activities) carries inherent risks of personal injury, illness, physical exertion, or property damage.
   2. Assumption of Risk. You voluntarily assume all risks associated with Your attendance at and participation in any Event. Bookwhen assumes no responsibility or liability for personal injury, death, medical conditions, or loss of personal property occurring during or in connection with any Event organised by a Merchant.

7. Acceptable Use and Platform Conduct

   1. When using the Services, You agree that You shall not, directly or indirectly:
      1. Provide false, inaccurate, misleading, or fraudulent personal or payment details;
      2. Use the Services for any unlawful, fraudulent, or unauthorised purpose;
      3. Upload, transmit, or introduce viruses, trojans, worms, logic bombs, or other harmful materials to the Bookwhen Website;
      4. Attempt to gain unauthorised access to, probe, scan, or breach any part of the Services, servers, or connected networks; or
      5. Use automated bots or data extraction tools to crawl or index the Services without express written authorisation from Bookwhen.
   2. Suspension and Termination. Bookwhen reserves the right to suspend, disable, or permanently terminate Your access to the Services immediately and without notice if, in Bookwhen’s reasonable opinion, You have breached any provision of these Terms.

8. Statutory Consumer Rights (UK & EU Compliance)

   1. UK Statutory Rights. Nothing in these Terms shall exclude, restrict, or modify any statutory consumer rights that cannot be contractually excluded under English law, including rights under the UK Consumer Rights Act 2015.
   2. UK Consumer Contracts Regulations Exemption. You acknowledge that under Regulation 28(1)(h) of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, contracts for the provision of services related to leisure activities provided on a specific date or within a specific period are exempt from statutory 14-day cooling-off and distance cancellation rights. Any cancellations or refunds remain strictly subject to the Merchant Contract.
   3. EU Consumer Rights Directive Exemption. For Bookers residing in the European Union or EEA, You acknowledge that pursuant to Article 16(l) of the EU Consumer Rights Directive (2011/83/EU), the statutory right of withdrawal/cancellation does not apply to contracts for leisure activities provided on a specific date or period. Cancellations and refunds remain governed by the Merchant Contract.

9. International & Cross-Border Users (EU & Rest of World)

   1. Mandatory Local Laws. If You access the Services from outside the United Kingdom (including the European Union/EEA), nothing in this Agreement shall operate to deprive You of the protection of mandatory provisions of the law of Your country of habitual residence that cannot be derogated from by agreement.
   2. Currency and FX Charges. Bookings processed through the platform are transacted in the currency designated by the Merchant. Bookwhen is not responsible for foreign exchange conversion fees, currency exchange fluctuations, or bank processing surcharges imposed by Your card issuer.

10. Software Availability and Technical Disclaimers

    1. “As Is” Availability. You acknowledge that the Services rely on complex software and network infrastructure. Bookwhen does not warrant or guarantee that the Services will be uninterrupted, error-free, completely secure, or entirely free from software bugs or vulnerabilities.
    2. System Maintenance. Access to the platform may be suspended, restricted, or updated periodically to permit routine or emergency maintenance, repairs, or upgrades.
    3. Telecommunications Networks. You are solely responsible for procuring and maintaining Your computer systems, mobile devices, network connections, and internet access. Bookwhen accepts no liability for network latency, delivery failures, or connectivity disruptions.

11. Intellectual Property Rights and Data Protection

    1. Bookwhen IP Ownership. Bookwhen (and its licensors) retain exclusive ownership of all Intellectual Property Rights in and to the Services, the Bookwhen Website, underlying software, source code, visual branding, and trademarks. Nothing in these Terms grants You any right, title, or interest in or to Bookwhen’s intellectual property.
    2. Your Data. You retain ownership of Your Data. You grant Bookwhen a worldwide, non-exclusive, royalty-free license to host, store, process, and transmit Your Data solely to the extent necessary to operate and deliver the Services.
    3. Statistical Data. You grant Bookwhen a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to collect, compile, anonymise, process, and exploit statistical data for operational, benchmarking, analytical, and software enhancement purposes, provided such data remains fully aggregated and anonymised.
    4. Data Protection. Bookwhen will handle all personal data collected from You in accordance with applicable data protection legislation (including the UK GDPR, Data Protection Act 2018, and EU GDPR) and its Privacy Policy.

12. Booker Indemnity

    1. You agree to defend, indemnify, and hold harmless Bookwhen, its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, expenses, or costs (including reasonable legal and professional fees) arising out of or in connection with:
       1. Your breach of these Terms or the Merchant Contract;
       2. Your misuse of the Services;
       3. Your attendance at, conduct during, or participation in any Event; or
       4. Your violation of any applicable law or the rights of any third party.

13. Limitation of Liability

    1. Unexcluded Liability. Nothing in these Terms limits or excludes Bookwhen’s liability for:
       1. Death or personal injury caused by Bookwhen’s negligence;
       2. Fraud or fraudulent misrepresentation; or
       3. Any other matter or liability that cannot be excluded or limited under applicable English law or mandatory local consumer legislation.
    2. Exclusion of Consequential Losses. Subject to Clause 13.1, Bookwhen shall NOT be liable to You under or in connection with these Terms (whether in contract, tort including negligence, breach of statutory duty, or otherwise) for:
       1. Loss of profits, sales, business, or revenue;
       2. Loss or corruption of data, software, or information;
       3. Loss of business opportunity, goodwill, or reputation;
       4. Wasted management, operational, or staff time;
       5. Any cancellation, failure, default, or performance failure of an Event by a Merchant;
       6. Any act, omission, breach, or insolvency of a Merchant or Payment Processor; or
       7. Any special, indirect, or consequential loss or damage.
    3. Monetary Liability Cap. Subject to Clauses 13.1 and 13.2, Bookwhen’s total aggregate liability to You arising out of or in connection with these Terms or the provision of the Services (whether in contract, tort including negligence, breach of statutory duty, misrepresentation, or otherwise) shall be limited strictly to an amount equal to £50.

14. Third-Party Links and Resources

    The Services may contain links to third-party websites, external venues, or resources. Bookwhen does not control, endorse, or verify third-party websites and accepts no responsibility or liability for their availability, content, accuracy, or privacy practices.

15. General Provisions

    1. Amendments. Bookwhen reserves the right to amend these Terms from time to time by publishing updated terms on the Bookwhen Website. Your continued access or use of the Services following such updates constitutes Your acceptance of the revised Terms.
    2. Force Majeure. Bookwhen shall not be in breach of these Terms nor liable for delay or failure in performing its obligations if such failure or delay results from a Force Majeure Event.
    3. Severability. If any provision or part-provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
    4. Entire Agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between You and Bookwhen regarding the subject matter hereof and supersede all prior discussions, agreements, or representations.
    5. Waiver. No failure or delay by Bookwhen to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
    6. Third-Party Rights. Except as expressly stated, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
    7. Language. These Terms are executed in the English language. In the event of any translation into another language, the English language version shall prevail in the event of any conflict or ambiguity.
    8. Governing Law and Jurisdiction:
       1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.
       2. Subject to Clause 15.8.3, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
       3. If You are a consumer habitually resident in the European Union or EEA, You may also bring legal proceedings in the courts of Your country of residence pursuant to mandatory consumer protection laws.