TERMS AND CONDITIONS
Note:
In the event of an exclusive booking on your chosen night, the Organisers reserve the right to move any booking to another night of your choice, no less than four weeks before the event. If you are unhappy with the new date the organisers will refund your payment in full.
1. DEFINITIONS
1.1 "Booking" means IMG's booking form which is completed and signed by the Client and returned to IMG in connection with the Event.
1.2 "Client" means the person, firm or company which makes a Booking.
1.3 "Event" means the event or events which are the subject of the Quotation and Booking.
1.4 "IMG" means International Management Group (UK) Limited, its agents, representatives, successors and assignees.
1.5 "Quotation" means the written Quotation submitted by IMG to the Client which is the subject of the Booking.
1.6 "Services" means the hospitality services to be performed by IMG pursuant to the Booking in accordance with these Terms.
1.7 "Terms" means these Booking terms and conditions.
1.8 "Ticket Holder" means any individual that receives tickets as part of the Booking.
2. PAYMENT TERMS
2.1 Upon receipt of the Booking from the Client, IMG shall send the Client an invoice for the total amount due. A legally binding contract shall be formed according to clause 5.7.
2.2 The Client shall pay to IMG the full amount set out in the invoice within 14 days of receipt. In the event that the Booking is made within 60 days of the Event, payment shall be due immediately.
2.3 All prices stated by IMG in a Quotation are exclusive of any Value Added Tax which if applicable the Client shall be additionally liable to pay IMG.
2.4 Any items stated in the Quotation as "additional" items which are requested by the Client after the Booking has been confirmed by IMG must be confirmed by the Client in writing before being actioned by IMG. Payment in respect of any such items shall be such items will be in accordance with clause 2.2.
2.5 Payment by Visa and Mastercard will incur a surcharge of 2%, and by American Express will incur a surcharge of 4%.
2.6 Time for payment shall be of the essence. If the Client fails to make any payment on the due date, IMG shall be entitled (at its discretion) to cancel the Booking by notice in writing to the Client.
2.7 Any variation or amendment to these payment terms will be set out by IMG in writing on the Booking.
3. VARIATION AND CANCELLATION
3.1 If the Client wishes to vary any details of the Booking after it is returned to IMG, it shall notify IMG in writing as soon as possible. IMG shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client (and paid in accordance with clause 2.2).
3.2 Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, IMG reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of IMG materially effect the quality of the Services. If IMG has to make any material changes relating to the Booking it shall notify the Client forthwith. IMG shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances. Where such alternative is not acceptable to the Client, IMG shall refund to the Client the price paid according to the Booking.
3.3 In the event of any cancellation by the Client after the Booking is returned, and such cancellation is communicated within 7 days of the Booking being received by IMG and where the Client is acting as a Consumer (as defined in the Distance Selling Regulations 2000), the Client shall be entitled to a full refund. Where the Booking is cancelled more than 12 weeks before the Event, the Client shall be entitled to a refund less the deposit agreed in the Booking (or where no such deposit is agreed, 40% of the price of the Booking). For all cancellations of the Booking by the Client less than 12 weeks before the Event, IMG shall be entitled to retain the total amount due, unless IMG after receiving written notice of cancellation is successful in selling all its available Services in relation to the Event including those originally purchased by the Client.
3.4 IMG may cancel any Booking forthwith by notice in writing to the Client in accordance with clause 3.5 or if at any time the Client becomes bankrupt or insolvent (or if bankruptcy or insolvency proceedings are commenced against it). In such an event, IMG shall be entitled to retain any and all sums already paid to it by the Client in connection with the Booking, which shall be without prejudice to any other rights it may have whether at law or otherwise.
3.5 If for any reason beyond the reasonable control of IMG, the Event and/or the Services are cancelled or disrupted in any way IMG will agree in good faith with the Client the amount of any refund to the Client. If the Client wishes to protect its investment in the Services purchased in relation to the Event, the Client is advised to seek contingency insurance from a specialist contingency insurance broker. If for any other reason the Event is cancelled, the Client shall be entitled to receive a full refund of amounts paid in connection with the Booking. IMG shall have no further liability to the Client arising from IMG's failure to perform the Services in any such circumstances.
4. LIMITATION
4.1 IMG shall not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or IMG had been advised of the possibility of the Client incurring the same).
4.2 Further, IMG shall have no liability for any death or bodily injury (except death or injury caused by the negligence of IMG, its staff or contractors), or loss of or damage to property, of anyone attending the Event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client agrees to indemnify IMG against any claim in respect of any such liability (and the costs and expenses incurred by IMG in relation thereto).
4.3 Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of IMG to the Client in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of IMG or its employees which shall be unlimited) arising in relation to the Event (and/or the provision of the Services to the Client) shall not exceed 50% of the total amount paid by the Client hereunder.
5. GENERAL
5.1 All Quotations are made and Bookings accepted subject to these Terms. These Terms shall apply to all Quotations and Bookings in precedence over any other printed terms and conditions, including any appearing on the Client's stationery or correspondence.
5.2 The Client shall procure that all Ticket Holders comply with these Terms and furthermore the Client indemnifies IMG against all claims, costs, damages and judgements awarded against or incurred or paid by IMG as a result of or in connection with a claim made by a Ticket Holder.
5.3 The Client should be aware that the Booking may be subject to terms, conditions and/or rules imposed on the Client or Ticket Holder by the Event venue or by the ticketing agency which are separate and independent to the Terms.
5.4 No amendment or variation to these Terms shall be binding unless agreed in writing by both parties.
5.5 All tickets sold to Ticket Holders shall remain the property of IMG (or whomever is the original owner of the tickets) at all times.
5.6 The Client consents to filming and sound recording of the Event and consents to the use of such recording in any broadcast in any territory in the world.
5.7 No binding contract shall be formed until IMG has received the Booking, properly completed and signed on behalf of the Client, and confirmation of the Booking shall be subject to IMG receiving payment in full in accordance with clause 3. No tickets, itineraries, maps or other final details with respect to the arrangements relating to any Booking will be forwarded to the Client until payment has been received in full.
5.8 IMG will not be liable for any delay in performing its obligations as a result of fire, strikes, industrial disputes, abnormally inclement weather, acts of terrorism, governmental orders or decrees or any other cause beyond its reasonable control.
5.9 No waiver by IMG of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.10 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
5.11 The rights granted to the Client hereunder are personal to the Client and may not be transferred or assigned to any third party without the prior written consent of IMG.
5.12 The Quotation, the Booking and these Terms contain the entire understanding between the parties with respect to their agreement concerning the Event. In entering into this contract neither party has relied on (nor shall it have any remedy, in contract or tort, in respect of) any statement, representation, warranty or understanding which is not expressly set out in the Quotation, Booking or these Terms, provided that nothing herein shall operate to exclude or limit any liability for fraud.
5.13 The Client shall at all times be subject to the terms, conditions and rules imposed by the organisers of the Event and shall indemnify IMG from and against all and any claims arising from the Client's breach of the same.
5.14 The Client shall be entitled to sell the benefit of the Booking on to third party individuals or corporate entities for their own use and not for further resale. The Client shall not sell the benefit of any Booking on the wholesale or trade market without prior written consent from IMG.
5.15 These Terms shall be governed by and construed in accordance with English law.
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