IT IS HEREBY AGREED AS FOLLOWS:
Definitions and Interpretation
1. In this Agreement, the following expressions and words shall have the following meanings unless the context otherwise requires:-
(i) “this Agreement” means the terms and conditions set out below including all schedules, appendices, amendments and additions.
(ii) “All times” means all times the Arrangements are or are to be provided by or on behalf of the Supplier.
(iii) “In writing” means by facsimile, email or letter.
(iv) References to any person(s) shall include bodies corporate and un-incorporate, associations, firms and partnerships. Words denoting the singular shall include the plural, words denoting any gender shall include any other gender and references to clauses, sub-clauses and schedules are, unless otherwise stated, to clauses and sub-clauses of and schedules to this Agreement.
(v) “delivery” means the date which the event is due to be held.
2.1. Subject to these terms and conditions, the Supplier agrees to provide for the use and/or disposal of the Arrangements agreed between the parties.
2.2. These terms and conditions shall apply to all Arrangements.
2.3. The Arrangements will be provided directly by the Supplier and/or its employees or sub-contractors. The Supplier, however, shall remain personally responsible and liable for the proper performance of the arrangement.
2.4. A binding contract for the Arrangements pertaining to each booking will come into existence between the Supplier and the Client pays a booking or full fee for the arrangement.
3.1. Payment shall be made to the Supplier by online card payment using thehunters.events website or any other means agreed either in writing or verbally between both parties.
3.2. The price(s) agreed with the Supplier is the advertised price on thehunters.events website or any price agreed in writing or verbally between both parties.
3.3. Where the Arrangement is made more than 28 days prior to the Delivery, a £30 booking fee will be paid by the Client. The balance must be paid by the same method no later than 28 days prior to Delivery. When booking is made within 28 days of delivery the full payment must be made.
3.4 Payments shall be made in pounds sterling
3.a When the Client has paid a booking fee and fails to make the full balance payment 28 days prior to Delivery, the supplier will automatically cancel the Agreement without notice, the booking fee is non-refundable.
3.b When the full fee is paid and the Client cancels with less than 28 days notice or fails to attend the Delivery, the full fee is non-refundable.
4. The Supplier hereby confirms and agrees that:-
(i) the Arrangements will be provided with all due skill, care and diligence and that all persons provided or used by the Supplier (whether or not employed by him) in connection with provision of the Arrangements will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are provided.
(ii) the Arrangements will at all times remain of a good and clean standard, in full working order and safe for occupation (where applicable to the Arrangements in question) and use.
(iii) the Arrangements comply and will at all times comply in full with all applicable national, local, trade and other laws, regulations and codes of practice (including EU legislation where applicable) and except where to do so would be inconsistent with the foregoing, industry best practice standards, relating to hygiene, fire, safety and other standards for those using the Arrangements and that he has and will at all times maintain in force the appropriate current certificates confirming such compliance.
(iv) he holds and will at all times maintain all necessary licences, consents and permissions required by applicable national and/or local law in relation to the Arrangements.
(v) Where the Arrangements include accommodation Clients will not be accommodated in any annex or other building outside the main hotel or apartment building (where applicable to the Arrangements in question) unless otherwise specified in this Agreement or agreed in writing by the Supplier.
(vi) at all times the Clients will have unrestricted access to and use of all facilities and services offered or provided by or on behalf of the Supplier to other users of and/or visitors to any accommodation provided for Clients unless otherwise agreed in writing by the Supplier.
(vii) he will be responsible for the payment of all taxes, charges, dues, fees and other sums of whatever nature which relate to the Arrangements except where otherwise agreed in writing by the Supplier.
(viii) the Arrangements do and will at all times fully comply with the descriptions set out in this Agreement and/or represented by the Supplier or on his behalf from time to time.
(ix) he will notify the Client in writing of any alteration, suspension, deficiency, failure or other change of any nature whatsoever, whether temporary or otherwise, affecting the Arrangements within 48 hours of the event.
(x) he will maintain an accident report log and take statements and photographs of any incident involving Clients that may give rise to a liability.
5.1. The Supplier shall at all times maintain a comprehensive insurance policy or policies to cover:-
(i) all risks relating to and/or arising out of the performance of this Agreement and/or the Arrangements normally covered by insurance including by way of example and not by way of limitation all third party risks including cover for death, personal injury and illness.
(ii) the full amount of all sums which may become payable under clause 7.
Failure to comply with obligations
6. In the event of any breach of clause 4 and/or clause 5 and/or any failure by the Supplier to supply the Arrangements (in full or in part or for any period whatsoever) (any such breach or failure is referred to as the “breach” in this clause), the Supplier shall immediately notify the Client and the following provisions will apply:-
(i) the Supplier will immediately take all steps (at its cost) to remedy the breach.
7. The Supplier agrees to fully refund the Client in the unlikely event the Agreement is not delivered as a result of the Suppliers breach.
8.1. The Supplier shall be entitled to release the Arrangements or any part of them by notice in writing to the Client without incurring any penalty, charge or liability whatsoever providing he does so on or before the release date(s) specified elsewhere applicable to the Arrangements in question. After the said applicable release date(s), the Supplier shall be entitled to cancel the Arrangements or any part of them subject to indemnity clause7
8.2. The Supplier shall be entitled at any time to cancel/terminate the Arrangements or any part of them and/or this Agreement in its entirety, without incurring any penalty, charge or liability whatsoever, in any of the following circumstances:-
(i) The Clients payments is suspected fraud
(ii) The Client attends Delivery with fewer persons than Arrangement (applies to group bookings).
(iii) The Client (including any member of that Arrangement) attends the delivery intoxicated or is not a fit and person to take part in the Arrangement in the sole opinion of any member of the Suppliers staff.
8.3. In the event of the Supplier exercising its rights under clause 8.1. or 8.2.
9.1. The Supplier shall be excused performance of their respective obligations under this Agreement where circumstances amounting to “force majeure” occur for as long as such circumstances last and affect contractual performance as more particularly described in this clause.
9.2. For the purposes of this Agreement, “force majeure” shall mean unusual and unforeseeable events beyond the control of the party seeking to rely on them. Such events may include (by way of example and not by way of limitation) war, threat of war, civil strife, natural or nuclear disaster, fire, epidemics, bad weather, terrorist activity, governmental action, acts of God and all other similar events.
9.3. The Supplier shall only be entitled to rely upon “force majeure” in any respect if it is prevented by the event relied upon from rendering any contractual performance and it has been unable to make alternative arrangements in accordance with clause 6 after taking all practical steps to do so.
9.4. The Supplier shall be entitled at any time whilst “force majeure” continues, in the Suppliers opinion, to affect the present or future interests of the Supplier as set out in clause 9.3. above to withhold any forward deposit or guarantee payments otherwise due to the Supplier and/or cancel any Arrangements and/or terminate this Agreement with immediate effect without incurring any penalty, charge or liability whatsoever. All monies already paid to the Supplier by the Client in respect of any such cancelled Arrangements shall be refunded to the Client within 7 working days.
10.1. The Supplier shall deal sympathetically, efficiently and politely with all requests and complaints made by any Clients. The Supplier shall further render such prompt assistance as any Clients may reasonably require.
11.1. The Supplier shall advise the Client in writing immediately it becomes aware of any actual or possible building or other works (other than minor works) or significant sources of noise taking place in the vicinity of the Arrangements which may in any way affect any Clients in their use and enjoyment of the Arrangements.
Damage caused by clients
12. The Client shall be responsible for any damage, loss and/or expenses of any nature they cause and the Supplier shall obtain payment from the person(s) responsible.
Change of ownership or management
13. The Supplier shall notify the Client if it intends transferring ownership or management of the Arrangements in whole or part and shall, transfer its obligations under this Agreement to the new Supplier(s).
14. In the event of any conflict or difference between any provision(s) of these terms and conditions and those of the Supplier (if any), the relevant provision(s) of these terms and conditions shall apply and prevail in respect of the conflict or difference to the exclusion of those of the Supplier.
15. Any notice given pursuant to any provision of this Agreement must be so given in writing and sent by facsimile (followed by notice by post) or pre-paid first class post or delivered by hand to the other party’s registered or principal office. If sent by facsimile or hand delivered, it shall be deemed served at the moment of delivery. If sent by post, it shall be deemed served 48 hours from the time of posting.
16. If any provision of this Agreement is held to be invalid or void for any purpose, it shall for that purpose be deemed to be omitted from this Agreement. Such omission shall not affect or prejudice the validity, effectiveness or enforceability of the rest of the provisions of this Agreement.
17. The rights of the Supplier under this Agreement shall not be prejudiced or restricted by any indulgence or forbearance extended to the Supplier. No waiver of any breach operates as a waiver of any subsequent breach.
Proper law and jurisdiction
18. This Agreement and all matters arising out of it shall be construed and governed according to English law. Both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
19. The headings in this Agreement are for reference purposes only and do not form part of the Agreement. They shall not affect the interpretation of this Agreement and are not to be deemed to be an indication of the meaning of the clause to which they relate.
20. No variation of the terms of this Agreement shall be effective unless it is in writing and signed by each of the parties or some duly authorised person on their behalf.