Yacooba event ticket and package refund programme terms and conditions

We will refund You the unused cost of Your Event Ticket or Package Price that cannot be recovered from anywhere else if the Attendee suffers an Inability to Attend an Event or use the Services because of any of the following circumstances, that are neither expected nor intended by You or the Attendee and are outside Your and the Attendee’s control :

1. Identifiable physical bodily injury to or sickness of a Attendee or a member of their Immediate Family caused by a sudden, unexpected, unusual, specific external event that occurs at an identifiable time and place between the time that the Event Ticket or Package Price is paid by You to Us and the day of the Event or Services which does not allow the Attendee to attend or participate in the Event or Services and which is further confirmed by a licenced Physician or Doctor in writing. Please note we do not provide a refund if any application arises out of, is contributed to by, or results from Coronavirus disease (COVID-19); Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2); or any mutation or variation of SARS-CoV-2 ( see paragraphs 4.2 and 4.3 below under the heading “WHAT WE WILL NOT REFUND” );
2. the death within 30 days prior to the Event of a Attendee or a member of their Immediate Family which results in the Attendee being unable to attend or participate in the Event or use the Services and which is supported by a death certificate;
3. Pre-Existing physical, psychological or medical condition, sickness, disorder or known pre-existing injury of a Attendee or a member of their Immediate Family that they were aware of at the time the Event Ticket or Package Price was paid by You to Us that would not normally preclude the Attendee from attending or participating in the Event or us the Services and which is further confirmed by a licenced Physician or Doctor in writing;
4. pregnancy complication of the Attendee which the Attendee was unaware of at the time that the Event Ticket or Package Price is paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services and which is further confirmed by a licenced Physician or Doctor in writing;
5. birth of a child of the Attendee occurring in the 7 days prior to the Event or Services;
6. where the Attendee is the victim of an indictable criminal assault within 10 days of the Event or Services and which results in the Attendee being unable to attend or participate in the Event or use the Services;
7. the unexpected disruption, or failure of the common carrier , excluding any disruption or failure due to strikes, used for transportation by the Attendee and which the Attendee could not reasonably have known about before the Event Price or Package Price was paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services;
8. the cancellation, rescheduling or delay of airline flight(s) , excluding strikes, which results in the Attendee being unable to attend or participate in the Event or use the Services and which the Attendee was unaware of at the time the Event Price or Package Price was paid by You to Us
9. in the 48 hours prior to the commencement time of the Event or use of the Services, the vehicle taking the Attendee to the Event or Services suffering unexpected mechanical breakdown (excluding running out of fuel), accident, fire or theft requiring the assistance of a repair organisation and which results in the Attendee being unable to attend or participate in the Event or use the Services;
10. a summons for the Attendee to appear as a witness in court proceedings which results in the Attendee being unable to attend or participate in the Event or use the Services and which the Attendee was unaware of at the time the Event Ticket or Package Price was paid by You to Us;
11. a requirement for the Attendee or a member of their Immediate Family to re-sit an examination to take place on the date of the Event or Services which results in the Attendee being unable to attend or participate in the Event or use the Services provided the Attendee or the member of their Immediate Family was unaware of either the failure of the original examination and/or the date of the resit at the time the Event Ticket or Package Price was paid by You to Us;
12. the unforeseen change of date of an examination for a course the Attendee was registered on at the time the Event Ticket or Package Price was paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services;
13. burglary, fire, malicious damage or flood at the residence or the business premises or agricultural holding owned, leased, licenced or occupied by the Attendee which requires the Attendee to be present at the residence or premises to perform necessary protective steps and which results in the Attendee being unable to attend or participate in the Event or use the Services;
14. if the Attendee is a member of the Armed Forces, Reserve Armed Forces or Emergency Services and is recalled or summoned to work, posted overseas or is required to be on duty on the date of the Event which was unknown to the Attendee at the time that the Event Ticket or Package Price was paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services;
15. a requirement imposed on the Attendee by their employer to move address, remain at their office, undertake a business trip or attend or travel to a business appointment with a supplier, contractor or customer which was unknown to the Attendee at the time that the Event Ticket or Package Price was paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services. The move of address may be temporary or permanent provided the new address is more than 100 miles from the Attendee’s primary residence and provided the business trip or travel is more than 100 miles from the Event or place where the Services are provided;
16. if the Attendee is unexpectedly made compulsorily redundant by their employer through no fault of the Attendee which was unknown to the Attendee or You at the time that the Event Ticket or Package Price was paid by You to Us and which results in the Attendee being unable to attend or participate in the Event or use the Services;
17. the theft of the Attendee’s identity papers (identity card or passport) occurring in the month before the Event date and which results in the Attendee being unable to attend or participate in the Event or use the Services provided the theft is reported to the competent police authorities and a crime reference number is obtained;
18. the theft of the Attendee’s ticket or voucher for the Event or Services committed by break-in and/or assault and which results in the Attendee being unable to attend or participate in the Event or use the Services, provided the theft is reported to the competent police authorities and a crime reference number is obtained.

You are eligible for a refund if :

1. Attendee means the person(s) attending or participating in the Event or using the Services for which the Event Ticket or Package Price has been paid by You to Us.
2. Immediate Family means the Attendee’s:
   
   
   1. legal or de facto spouse;
   2. civil partner;
   3. children, step-children or the person or guardian responsible for looking after their children where the children are minors;
   4. daughter(s) and son(s) in law;
   5. grandchildren;
   6. parents, parents-in-law, step-parents;
   7. grandparents;
   8. siblings;or
   9. fiancé or fiancée, who are under 81 years of age at the time of the purchase of the Event Ticket or Package Price.
3. Communicable Disease means any disease capable of being transmitted from any organism to another organism by means of any substance or agent.
4. Event Ticket or Package Price means the refundable transaction value of monetary fees including any booking, handling and service fees that are required to be paid by You to Us for the Attendee to attend or participate in the Event or use the Services.
5. Event means the pre-booked ticket, enrolment, entrance or registration fee together with any ancillary services or facilities for which a Event Ticket or Package Price has been paid by You to Us.
6. Services mean the event, accommodation and transport services which form part of the Package.
7. Physician /Doctor means a person (other than You or the Attendee) who is not related to You or the Attendee by blood, marriage or civil partnership who is licenced to prescribe drugs and administer medical treatment (within the scope of such licence) at the location where the treatment is provided. A Physician/Doctor does not include a naturopath, a herbalist or a homeopath.
8. Pre-Existing Condition means the physical impairment, defect, degenerative process, illness, sickness, disorder, injury, infirmity, medical or psychological condition of the Attendee or a member of the Immediate Family which existed prior to the time the Event Ticket or Package Price was paid by You to Us.
   
   For the purpose of this definition a physical impairment, defect, degenerative process, illness, sickness, disorder, injury, infirmity, medical or psychological condition exists prior to the time the Event Ticket or Package Price was paid by You to Us, if it has been diagnosed by a Physician/Doctor prior to time the Event Ticket or Package Price was paid by You to Us or, in the event it has not been so diagnosed, then in the opinion of a Physician/Doctor the Attendee or the member of the Immediate Family could reasonably have been expected to be aware of its existence prior to time the Event Ticket or Package Price was paid by You to Us.
9. We/Us/Our means Yacooba Limited and/or the Yacooba Platform.
10. You /Your means the person(s) responsible for paying the Event Ticket or Package Price.

You are eligible for a refund if :

1. The reason leading to an Inability to Attend by the Attendee first occurred after the purchase of the Event Ticket or Package Price between Us and You has been confirmed.
2. The reason leading to an Inability to Attend by the Attendee did not arise from any known pre-existing physical, psychological or medical condition, sickness, disorder or known pre-existing injury (as defined in paragraph 2.8 “Pre-Existing Condition” above), unless the Attendee received a release to attend or participate in the Event or use the Services, from their licenced Physician or Doctor.
3. Prior to purchase of the Event Ticket or Package Price the Attendee and/or You knew no fact or condition which could reasonably cause or lead to an Inability to Attend the Event or use the Services.
4. The reason leading to an Inability to Attend by the Attendee is not due to a personal change in plans or the venue at which the Event or Services are to take place closing or the Event or the Services being cancelled, abandoned, postponed, interrupted or relocated.

We will not provide a refund for any costs or the Event Ticket or Package Price:

1. if the Attendee suffers injury, sickness or death, that arises from any known Pre-Existing physical, psychological or medical condition, sickness, disorder or known pre-existing injury, unless the Attendee received a release to attend or participate in the Event or use the Services from their licenced Physician or Doctor.
2. if any application for a refund arises out of, is contributed to by, or results from Coronavirus disease (COVID-19), Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2); or any mutation or variation of COVID 19 or SARS-CoV-2.
3. if You and/or the Attendee are fearful or there is a threat of catching a Communicable Disease leading to an inability to Attend or if there is an imposition of quarantine or restrictions or any action is taken in controlling, preventing, suppressing or in any way relating to the movement of people or animals by any local, national or international body or agency due to a Communicable Disease.
4. if prior to the confirmed Event Ticket or Package Price purchase by You, the Attendee had any known fact or condition which could reasonably cause or lead to an Inability to Attend or participate in the Booking or use the Services .
5. if the Attendee’s Inability to Attend or participate in the Booking or use the Services resulted from:
   1. acts committed with the intent to suffer an Inability to Attend or participate in the Booking or use the Services;
   2. the use or misuse of alcohol (either directly or indirectly), or drugs (either recreational or medical), or medication or non-compliance with prescribed medical treatment, regime, therapy, advice or medication;
   3. intentionally self-inflicted harm;
   4. suicide or attempted suicide (whether sane or insane);
   5. cosmetic or any other elective surgery;
   6. organ harvesting surgery save if elective surgery to donate an organ to a member of the Immediate Family;
   7. mental, nervous or emotional disorders that do not require immediate hospitalization;
   8. routine pre-natal care, fertility treatments, elective abortion, pregnancy complications which occur in the 9 weeks before or after the expected date of delivery. In respect of the Attendee and/or a member of the Immediate Family.
   9. engaging in extreme sports, including but not limited to:
      1. skydiving, base jumping, hang gliding, or parachuting;
      2. bungee jumping;
      3. caving, rappelling, or spelunking;
      4. skiing or snowboarding outside of marked trails or in an area accessed by helicopter;
      5. climbing sports or free climbing;
      6. personal combat or fighting sports;
      7. racing of any motorized vehicle or motorcycle or watercraft;
      by the Attendee and/or a member of the Immediate Family.
   10. a criminal or fraudulent act by the Attendee and/or a member of the Immediate Family.
   11. seepage, pollution, or non-chemical contamination or any biological or chemical contamination.
   12. seepage, pollution, or contamination or any biological or chemical contamination.
   13. war (declared or undeclared), acts of war or military duty save as provided for in 1.14 under the heading WHAT WILL WE REFUND ? above.
   14. civil commotion or disorder, riot, or unrest.
   15. any act of terrorism or threat or fear thereof.
   16. the financial collapse or default of any transport, tour, venue or venue provider in which the Event is to take place or the Services are to be used and/or any other service providers.
   17. the Attendee making changes to personal plans, having a business or contractual obligation, or rescheduling a prior appointment save as provided for in 1.15 under the heading WHAT WILL WE REFUND ? above.
   18. any expected or foreseeable events.
   19. the Attendee travelling to a country, region, or city for which their government has issued a travel advisory in writing prior to the Event Ticket or Package Price being paid by You to Us;
   20. the Attendee travelling to a sanctioned country for any business or activity to the extent that such travel would violate any national economic or trade sanction law or regulations.
   21. the Attendee is prevented from travelling to an Event or place where the Services are to be provided due to an outbreak of a Communicable Disease or a local, national or international body or agency has imposed a ban on travel due to a Communicable Disease.
6. if the venue at which the Event or other Services are to take place closes or the Event or Services are cancelled, abandoned, interrupted, relocated or postponed.

1. In the event of a reason leading to the Attendee’s Inability to Attend or participate in an Event or use a Service You are responsible for reporting the event within 45 days of the date of the Inability to Attend or use the Services, by following the instructions as set out in Your Booking Confirmation Form emailed to you upon completion of Event Ticket or Package Price purchase (or also available under our sales platform) and completing the refund request details.
2. Where You have purchased multiple Event Tickets or Packages for several Attendees to attend an Event or use Services and one or more of the Attendees is prevented from attending the Event or using the Services due to an Inability to Attend and one or more of the remaining Attendees wish to attend the Event or use the Services, then you may apply for a partial refund. Details and examples of how your partial refund will be calculated can be found below.
3. Where You have purchased multiple tickets for up to 8 Attendees in total who are part of the Immediate Family to attend or participate in an Event or use the Service and one or more of the Attendees who are part of the Immediate Family is prevented from attending or participating in the Event or use the Service due to an Inability to Attend and as a result one or more of the remaining Attendees are unable attend or participate in an Event or use the Service, then You may apply for a partial refund. Details and examples of how Your partial refund will be calculated can be found under the heading “APPLYING FOR YOUR RIGHT TO REFUND” below.
4. You must:
   1. Follow the instructions and provide information as requested by EOS Claims LLP;
   2. Authorize Us or our authorized representative(s) or agent(s) to obtain documentation, records and other information as needed;
   3. Agree to the independent medical examination of the Attendee or member of the Immediate Family if required by Us or our authorized representative(s) or agent(s);
   4. Co-operate with Us or our authorized representative(s) or agent(s) in the investigation, defence or settlement of the Event Ticket or Package Price ; and
   5. Assist Us or our authorized representative(s) or agent(s), upon Our request, in the enforcement of any right or remedy against any person or entity which may be liable to You for the Attendee’s Inability to Attend or participate in the Event or use the Services.
5. You will not, except at your own cost, voluntarily make a payment, assume any obligation, agree to a settlement, or incur any expense related to the refund of the Event Ticket or Package Price without Our consent. We will contribute £50 towards a Physician’s/Doctor’s report obtained by You in support of a valid Right to Refund claim.
6. Refund of Event Ticket or Package Prices will be calculated in accordance with these Terms and Conditions.

You will be asked to provide at Your own expense the following within 45 days of registering Your refund application:

• the original unused ticket(s) and vouchers for all parts of the Event Ticket or Package Price;
• a Physician/ Doctor’s note or certificate where Your refund request is for injury, sickness or pregnancy complication, or a death certificate where our refund request is for death;
• an official notification from the transport service provider in the event of delay, cancellation, mechanical breakdown or accident in relation to the public transport that was due to take the Attendee to the Event or place where the Services are to be provided. In the event of a scheduled airline failure, a copy of the Attendee’s airline booking or e-ticket will also be required;
• for the breakdown of a private vehicle, a vehicle recovery service report, copy of garage repair bill or parts receipt or in the case of vehicle repairers or police;
• the original jury invitation inviting the Attendee to be a juror;
• in the event of a burglary or theft of ticket(s) the police report with crime reference number or an email from the booking agent confirming that the ticket(s) cannot be replaced or re-issued; in the event a home emergency, a copy of either the emergency services reference number and/or the submission of the Attendee’s claim to the Attendee’s home insurer;
• the original witness summons requesting the Attendee to appear in court;
• a copy of a valid visa permitting the Attendee’s travel to the Event or Services;
• a note from the Attendee’s commanding officer confirming armed service recall or a military order;
• a letter from the Attendee’s current employer confirming the relocation;
• any reasonable additional evidence that We ask for.

EXAMPLE 1 – ENTIRE REFUND - ONE OF THE ATTENDEES IS ILL AND THE ENTIRE REMAINING ATTENDEES ALSO DECIDE NOT TO ATTEND THE EVENT /USE THE SERVICES .

You have booked event tickets for an immediate family party of 4 Attendees at a cost of £1,000. One of the Attendees falls ill as certified by a Doctor and is unable to attend the event and the rest of the Attendees (3) no longer want to attend the event. You will be refunded £1,000.

EXAMPLE 2 – PARTIAL REFUND – ONE OF THE ATTENDEES IS ILL AND CANCELS BUT THE REST OF THE ATTENDEES STILL ATTEND THE EVENT.

You have booked event ticket for a party of 4 Attendees at a cost of £1,000. One of the Attendees falls ill as certified by a Doctor and is unable to attend the event. The rest of the Attendees (3) still attend the event. You will be refunded £250.