Customer Service
The 99 Blue Bananas Customer Service Center is available to answer any questions you may have about any of the Experiences you find on this site, on 1(888) 996 6899. Our team will be happy to offer personal advice on many of the activities detailed. We are always pleased to hear your feedback and welcome any comments you may have. These comments help us to ensure the quality of our Experiences remains at the highest level and help us develop new Experiences throughout the year
Acceptance of Terms
By accessing or using this site or by purchasing and/or redeeming a 99 Blue Bananas Experience or Gift Card, you signify your agreement with and acceptance of the following Terms and Conditions. Please read the following carefully:
The Experience
Starnet Home Systems Inc, DBA 99 Blue Bananas, a California corporation ("99 Blue Bananas") acts as an agent for our Experience Providers and as such 99 Blue Bananas has no responsibility for any Experience provided or not provided by our third party Experience Providers. As 99 Blue Bananas features multi-location Experiences, duration, styles, numbers and terms of service may vary from location to location. 99 Blue Bananas makes no warranty or representation regarding the standard of any Experience to be provided by any Experience Provider
Venues & Experience Providers
Each venue and Experience Provider has its own terms and conditions (available upon request) and your participation in the Experience is conditional on your acceptance of these. Once a booking has been made with an Experience Provider the participant is bound by the terms and conditions of that Provider including the possible requirement to sign an appropriate acceptance form or liability waiver at the time of the Experience. Nothing contained herein implies acceptance by 99 Blue Bananas of the Experience Provider's terms and conditions if any
99 Blue Bananas has carefully sourced venues and Experience Providers. Occasionally we may need to withdraw venues featured for reasons beyond our control. If your chosen venue is withdrawn you will be offered an alternative venue wherever possible or alternative Experience to the same monetary value
Accuracy of Description
99 Blue Bananas tries to ensure that promotional information is accurate and up-to-date. However, independent operators provide information about their Experiences and details of each Experience are subject to change from time to time and may vary among Experience Providers and/or locations. We reserve the right to alter any part of the Experience where the operator has imposed such an alteration.
All promotional material, illustrations, photos and descriptions give a general explanation of example Experiences provided by our service for information purposes only and as such their content cannot be treated as accurate descriptions of the Experiences offered and shall not bind 99 Blue Bananas
Weather
The Experience is offered subject to availability and weather conditions, therefore 99 Blue Bananas cannot guarantee that the operator will not withdraw the Experience if the weather conditions on the day render the Experience unsafe. You need to contact the Experience Provider on the day of your Experience if there is any question about weather conditions
Withdrawal of Location
In the event of an Experience being withdrawn due to adverse weather conditions, the Experience will then be rescheduled for another date. In the event of an Experience being withdrawn by the Experience Provider (not due to adverse weather conditions), you will be offered an alternative location to undertake the Experience. However, if this is not suitable a refund will be provided subject to these terms and conditions
Duration
The duration of each Experience session is approximate and may vary from venue to venue. These are to be used as an indication of the time you will spend at the venue. If more participants take part you will have to comply with the roster provided by the Experience Provider and there may be waiting time involved
Restrictions
Each Experience may carry some restriction and these may vary from Provider to Provider. Restrictions (e.g. age, health, weight, height) will be detailed in the Experience description on our website and in your Gift Pack. It is your responsibility to ensure that the participant complies entirely. Please read these carefully and if you are in any doubt as to the suitability of a participant please telephone our Helpline for more details. We will be happy to advise on the suitability of the Experience and/or locations, including disabled access. Once booked you may be liable for cancellation fees should the participant be unable to meet the requirements and in such circumstances 99 Blue Bananas is under no obligation to provide an alternative Experience or a refund
Availability
All Experiences are offered subject to availability and must be booked through our website or via phone to Customer Service. Advanced booking is required. While some Experience Providers may be able to fit in a booking at short notice, they will usually require at least 3 weeks notice - more at peak times. Bookings are not confirmed until you receive confirmation from us. You should not make any travel, accommodation or other arrangements until you have received your booking confirmation. Where specific elements of the Experience such as vehicles or celebrities are not available due to mechanical breakdown or illness, 99 Blue Bananas reserves the right to make reasonable substitutions on the day. Should this not be possible, we reserve the right to cancel the Experience at short notice. Should this be necessary an alternative date or refund will be offered. Notwithstanding anything to the contrary set forth in these Terms and Conditions, 99 Blue Bananas will not be liable in any way for expenses that you incur related to an Experience that has been cancelled by the Experience Provider
Inclusivity
99 Blue Bananas encourages the involvement of all persons in the Experiences and welcomes the participation of disabled people. Some of the Experiences are however not suitable for people with certain types of disability. If you have a disability or are concerned about your suitability to participate in our Experiences please call a 99 Blue Bananas representative at 1 (888) 996 6899 or email us at customerservice@99bluebananas.com and we will be happy to provide information about the disabled facilities available at specific venues
The Gift Card
The 99 Blue Bananas Gift Card contained in the Gift Pack includes the Gift Card number and is evidence of payment for a given Experience. Gift Cards cannot be exchanged for cash. To redeem a Gift Card and book a 99 Blue Banana Experience, you must quote the number printed on the Gift Card. You will not be permitted to commence the Experience unless in possession of a valid Gift Card. Gift Cards are valid for one year after the date of purchase unless otherwise required by applicable state law. In consideration of your use of the 99 Blue Bananas Gift Card, you represent that you are at least 18 years old and are competent to form a binding contract. The risk of theft or other loss of a Gift Card for any reason is borne by the Gift Card holder
The Gift Pack
Each 99 Blue Bananas Experience Gift purchased will be delivered in an envelope provided by an accredited courier service or by US mail. The Gift Pack will include a numbered Gift Card and the name, specific details and applicable restrictions of the Experience. It will also include step-by-step instructions on how to redeem or book the Experience. You can request a personalized message to be included in the Gift Pack.
Additional Gift Packs will only be issued if specifically requested at a cost of $20 each
Purchasing/Redeeming
Gift Cards may be purchased and Experiences redeemed on our site at www.99bluebananas.com, or by e-mail, telephone, fax and post. Please note that the selection detailed at the time of purchase may change from time to time. When a choice of Experience is made, the payment associated with the Gift Card will be applied to the purchase of the specific selected Experience. After you request your preferred dates and location, 99 Blue Bananas will schedule your Experience with the Experience Provider. New references will be issued to you that must be used in future dealings with us. The Gift Card and booking number must be presented to the Experience Provider in order to participate in the Experience. Company contact details are available at the end of these terms
Assignability
99 Blue Bananas Gift Cards are assignable after a booking confirmation has been issued prior to the booked date of such Experience. The new cardholder must provide relevant information to both 99 Blue Bananas and the Experience Provider on or before the day of the Experience. The new cardholder shall be subject to all Terms and Conditions herein as well as the Terms and Conditions and participant requirements of the relevant Experience Provider
Refunds
If you are not completely satisfied with a 99 Blue Bananas open dated Gift Pack, you may return it to us within 30 calendar days from the date of order for a refund, however, this does not apply if you have booked a particular date (please see paragraph below). Refunds on open dated Gift Cards or unbooked Experiences will be subject to a $20 administration fee. After 30 days, your unbooked Experiences can only be exchanged. Refunds are always made to the person who originally purchased the pack and if purchased by credit card, the refund will be credited to the same card. If the card has expired you will need to request a refund in writing, quoting details of a new credit card. Gift Cards and Gift Packs must be returned in good condition before any exchanges or refunds can be made. For any returned Gift Packs please ensure proof of postage. We cannot be held responsible for any lost Gift Packs. Courier charges are non-refundable. Return preauthorization is required for all 99 Blue Bananas Gift Card returns and can be obtained by contacting 99 Blue Bananas Customer Service at customerservice@99bluebananas.com or via phone at 1 (888) 996 6899.
Once an Experience is booked and a booking confirmation is made, no refunds will be given.
Cancellations
Changing a booked date amounts to a cancellation, so once your booking has been made you may incur cancellation charges if you have to re-book. 99 Blue Bananas does not accept re-bookings or cancellations within 14 days of a booked Experience. Cancellation policies vary from venue to venue. Failure to 1) turn up, miss a check-in time (a "No Show") or 2) cancel and rebook the Experience at least 14 days prior to your Experience results in a non refundable cancellation.
Sometimes we have to cancel an Experience for reasons beyond our control, such as the weather or mechanical breakdown. We will do our best to notify you as soon as possible and do everything we can to offer you an alternative date or time. In these circumstances, 99 Blue Bananas is unable to reimburse travel, accommodation or any other expenses you may incur in relation to the cancelled Experience.
Exchanges
Unbooked Experiences may be exchanged once only at any time before the Gift Card expiration date free of charge for an Experience of the same value, or on payment of the cost difference for a higher cost Experience. Subsequent exchanges will incur an administration fee of $20 per exchange. For lower cost Experiences the credit will be held in your account for your use against any future purchase for one year. An exchanged Gift Experience cannot be refunded. The new Experience and/or the credit will have the same expiration date as the original Gift Card, except where stated otherwise by law.
Booked Experiences must be exchanged prior to 14 days of your Experience as stated in the Cancellation policy above. A 15% administration fee (minimum fee: $30.00) will apply to all Booked Experience exchanges. Experiences may be exchanged by calling 99 Blue Bananas at 1 (888) 996 6899
Complaints
We welcome your feedback on all our Experiences. If you have a problem or a complaint on the day, please bring it to the Experience Provider's attention so they have the opportunity to address and resolve the issue immediately. Please also inform 99 Blue Bananas of the details of the complaint at the earliest time following the Experience. We will consider it unreasonable if you write a letter of complaint to us at a later date, but take no action during the event
Disclaimers
99 Blue Bananas attempts to ensure the descriptions of Experiences and other products and services, and other information on the site are as accurate and complete as possible. However, information obtained through the site may be incomplete or contain typographical errors and technical inaccuracies. The service is provided on an "as is" and "as available" basis 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. Neither 99 Blue Bananas nor any of its affiliates will be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this site or any third-party site. No advice or information, whether oral or written, obtained by you from 99 Blue Bananas or through or from the service shall create any warranty not expressly stated in these Terms and Conditions. Your use of the service is at your sole risk and your sole remedy for dissatisfaction with this site or any products or services offered through this site or any third-party site accessed through this site is to stop using this site or such products or services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you
Limitation of Liability
99 BLUE BANANAS IS INDEPENDENTLY OWNED AND OPERATED AND IS NOT AFFILIATED, DIRECTLY OR INDIRECTLY AS OWNER, MEMBER, MANAGER, STOCKHOLDER, DIRECTOR, OFFICER, EMPLOYEE, CONSULTANT OR OTHERWISE, WITH ANY EXPERIENCE PROVIDER. EXPERIENCE PROVIDERS ARE INDIVIDUALLY RESPONSIBLE FOR THEIR HEALTH AND SAFETY STANDARDS AND OPERATING PRACTICES. NEITHER WE NOR OUR AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT ALL 99 BLUE BANANAS EXPERIENCES 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 99 BLUE BANANAS EXPERIENCE.
IN NO EVENT SHALL 99 BLUE BANANAS AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRINCIPLES 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, BOOKING, REDEMPTION, EXCHANGE, CANCELLATION AND/OR PARTICIPATION IN A 99 BLUE BANANAS EXPERIENCE EVEN IF ALL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 99 BLUE BANANAS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF 99 BLUE BANANAS AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100)
Indemnity
You agree that you are personally responsible for use of the Site and further agree to defend, indemnify, and hold harmless 99 Blue Bananas and (as applicable) its parent , affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by 99 Blue Bananas arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another
Trademark
99 Blue Bananas, the 99 Blue Bananas logo, and any other names, slogans or designations of 99 Blue Bananas and all other graphics, logos, and service names incorporated in this site and the "look and feel" of the Site and color combinations, are the exclusive trademarks or servicemarks of 99 Blue Bananas and are protected by United States and international trademark laws. You may not use any 99 Blue Bananas trademark or servicemark in any manner whatsoever in whole or in part without the prior written consent of 99 Blue Bananas
Procedure for Making Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. This procedure is exclusively for notifying us at the address shown below of a claim that your copyrighted material has been infringed.
1) The name, address, and physical or electronic signature of the complaining party.
2) Identification of the allegedly infringing materials and their location on our Website.
3) A description of the copyrighted work that you claim is infringed.
4) A statement that you have a good faith belief that there is no legal basis for the use complained of.
5) A statement of the accuracy of the notice and, under penalty of perjury that you are the copyright holder or are authorized to act on the behalf of the copyright holder.
You must send your notice of copyright claim to us at:
COPYRIGHT CLAIMS AGENT
99 Blue Bananas
P.O. Box 251240
Los Angeles
CA 90025, USA
OR BY EMAIL TO: copyrightclaimsagent@99bluebananas.com
NOTE: This contact information is only for reporting copyright infringement
Links
99 Blue Bananas accepts no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided on an "as is" and "as available" basis, at purchaser's, visitor's sole risk and without representations or warranties of any kind, either express or implied, including but, not limited to warranties of title, satisfactory quality, fitness for a particular purpose, reasonable care and skill or otherwise. Nor are any warranties or commitments made that access or use will be uninterrupted or error free, or as to the results to be obtained from any access or use
Other Terms & Conditions
99 Blue Bananas reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. 99 Blue Bananas may modify the site, in whole or in part, at any time and without notice.
99 Blue Bananas reserves the right to change the terms, conditions, and policies under which this Web site and the Company's services are offered at any time and without notice
All clerical errors are subject to correction; the failure of 99 Blue Bananas to enforce at any time any of the provisions of the agreement shall not be construed to be a waiver of such provisions or the right of 99 Blue Bananas to enforce such provisions in the future. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
If you are booking an Experience for a minor, you agree that you have authority to accept these Terms and Conditions on behalf of said minor.
The purchase or redemption of a 99 Blue Bananas Gift Card and/or the booking of or participation in an Experience implies acceptance of the 99 Blue Bananas Privacy Policy . Registration Information and certain other information about the Recipient is subject to 99 Blue Bananas Privacy Policy. For more information, and to read 99 Blue Bananas Privacy Policy, please visit www.99bluebananas.com
In order to maintain the highest standard of customer service and to help with the ongoing training of staff we listen to and occasionally record telephone calls.
99 Blue Bananas reserves the right to take photographic or film records of any of our Experiences and may use any such records for promotional and/or commercial purposes
The Purchaser may not assign any rights under this Agreement without the written consent of 99 Blue Bananas
These Terms and Conditions constitute a written agreement between you and 99 Blue Bananas, and a printed version of these Terms and of any electronic notice pertaining to these Terms shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form. The Terms constitute the entire agreement between you and 99 Blue Bananas and govern your use of the Service, superceding any prior agreements between you and 99 Blue Bananas.
Any rights not expressly granted in these Terms are reserved.
Governing Law
The Terms and Conditions and the relationship between you and 99 Blue Bananas shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. You and 99 Blue Bananas agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California
Definitions
Experience: The activity or activities specified on the site
Experience Provider: Is the third -party supplier of the Experience or related materials
Purchaser: or" You" means the person or business who/which completes the financial transaction with 99 Blue Bananas.
Recipient: Either the purchaser or the nominated person or persons who will participate in the Experience
Participant: The person wh o participates in the Experience.
Gift Card: The Gift Card issued by the Company, which entitles the Purchaser or the Recipient to the Experience
Gift Pack: The pack, which includes the Gift Card and all the necessary details for the chosen Experience
The Company: 99 Blue Bananas and all its employees
Contact Details
If you or recipient has any query or complaint relating to the service provided by 99 Blue Bananas, or if, subsequent to making a complaint directly with the Experience Provider on the day, you or recipient is still dissatisfied with the activity purchased, please address the complaint directly to the company at the following address:
E-mail: customerservice@99bluebananas.com
Tel: 1 (888) 996 6899
Fax: 1(310) 882 6859
Postal Address: Customer Service, 99 Blue Bananas, PO Box 251240 Los Angeles, CA 90025.
In case of the latter circumstance, the company will take every reasonable step to ensure that the complaint is communicated to, and if appropriate, dealt with by the Experience Provider.
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