In these conditions: Blue Chip Hospitality Limited is “the Company”; “the Client” shall mean the legal person so described on the booking form; “the Services” shall mean the provision of booking facilities, passes, corporate hospitality, event information and any other services relating to an event package which are described in the booking form: and “the Price” shall mean the cost for the Services, as shown in the booking form, exclusive of Value Added Tax.
2. Basis of the Contract
The Company only contracts on these Conditions which shall take precedence over any terms or conditions subsequently issued by the Client. All contracts and transactions relating to the provision of the Services by the Company, whether verbally or in writing, are subject to these Conditions which shall be deemed to be incorporated into any contract between the Company and the Client. The Client should complete the booking form and pay the non-refundable deposit amount requested. If the Company accepts the Client’s reservation, it shall issue a VAT invoice by way of receipt for the amount paid subject to these Conditions. In the case of late booking, or when stated on the booking form, full payment shall be made by the Client upon submission of the completed booking form and if the booking is accepted by the Company, it shall issue a VAT invoice for the amount paid.
Blue Chip Hospitality Limited is acting as an agent of the hospitality supplier for all events and in making arrangements on behalf of its clients, contracts with third parties for provision of all of the necessary facilities including the provision of tickets for entry to the event/occasion. In doing so it expressly agreed that the Company acts only as an agent of the Client and that no liability of any kind howsoever caused shall attach to the Company in connection with or arising out of such arrangements. The contract with the Company and the Client shall be subject to any terms and conditions with third parties. In the event that such facilities or tickets shall not be available, for whatever reason, any liability of the Company shall be limited to the return of all sums paid by the Client for such facilities or tickets
3. Price and Payment
Unless stated otherwise, the price is exclusive of Value Added Tax which shall be payable by the Client at the time the Price is to be paid. Other than in the case of late booking, the balance of the Price shall be made immediately upon receipt of the Company’s invoice or eight weeks prior to the event date. All fees for facilities or items provided by the Company in addition to the Services shall be paid by the Client within ten working days of the date of the Company’s invoice.
All cancellations must be in writing and will result in the loss of the monies paid. No refund shall be made in respect of the non-arrival of invited guests of the Client.
5. Documentation and Tickets
Passes, tickets and event information will be sent out only when full payment of the Price has been received. For certain events, tickets are only issued on the day of the event at the venue.
a) Alterations to the Programme: The Company shall make every reasonable effort to adhere to the programme but the Company is authorised to alter or omit or change the services for any cause which the Company in their absolute discretion shall consider to be just and reasonable. In the event that the Company is obliged to make any material changes in the services or cancel them as booked by the Client for any reason other than “Force Majeur”, the Company will always use its best endeavours to ensure that arrangements offered are of at least equal or superior standards.
b) The Company reserves the right to pass on any suppliers price increases to the Client. Such increase must be paid to the Company before any tickets can be issued or the Event staged.
c) If the price is materially increased or the Company unreasonably alter the service or the package of any events the Client shall be entitled to cancel the order concerned by giving written notice to be received by the Company within 48 hours of the Client having been notified of the change. In this event the Client shall be entitled to a full refund of the monies paid in respect of the Service or Event concerned provided that the Client shall indemnify the Company for all obligations incurred by the company on behalf of the Client subject to any refunds which the Company may be able to obtain and provided that the Company shall be entitled to retain the Deposit.
d) Cancellation by the Company of one or more Events or Service shall not entitle the client to cancel any other Event or Service.
e) The Company has no control over the running of the Event or Service and all details and descriptions in relation thereto are for guidance purposes only.
f) The Company shall not be held liable for any omission by any person not employed directly by the Company. The Company has no control over the Events and does not have any say and cannot accept any liability for the actions or omissions of the organisers or operators of the Events or their servants, agents or employees.
g) The Company give no warranties that the Event or Service shall take place at the time and place stipulated or at all. The Company shall not be liable to give any refund should an Event be postponed except where the Client has insured against cancellation.
h) The Client hereby acknowledges that the Company has no control over the pricing policy of tickets for the Event and that any description of the position of seats is a matter for which the Company have no liability.
i) When administrating a complaint under this contract, Blue Chip Hospitality is acting as an agent on behalf the Client.
7. Exclusion of Liability
a) No warranty is given by the Company in relation to the Services and the Company shall not on any account be liable to the Client, or to any third party, for any injury, loss, damage or expense, including but not limited to damage to property, sustained by the Client or any third party whatsoever and howsoever arising directly or indirectly out of the contract, these Conditions or resulting from the provision of the Services. The Company shall use all reasonable endeavours to provide the Services as described, however, the Company specifically reserves the right to alter any aspect of the Services if in the Company’s sole discretion it considers such change to be necessary and reasonable. Where the Services include the sale of good which are sold under a consumer transaction, the statutory rights of the Client as a consumer are not affected by these Conditions.
b) Without prejudice to any other provision in these conditions under no circumstances shall the Company be liable to the Client, or to any third party, for any consequential, indirect or special loss including but not limited to loss of profits, loss of goodwill, loss of business, loss of savings or liability to third parties.
c) Nothing contained in these Conditions shall affect the Company’s liability under the Unfair Contract Terms 1977 for death or personal injury caused by the negligence of the Company.
8. Force Majeure
The Company shall not be liable to the Client in the event that it is delayed or prevented from the performance of its obligations under the contact by reason of Force Majeure which for the purposes hereof shall mean any cause of the delay or prevention beyond the reasonable control of the Company and shall include strikes, lock-outs, riots, sabotage, acts of war, destruction or damage to the venue or to essential equipment by fire, explosion, flood or reduction or unavailability of power or of the Services.
The Company reserves the right to refuse entry or to provide the Services to any Client, or any Client’s guest on the day of the event if the Client or guest behaves in any manner which is in the opinion of the Company likely to cause offence or injury to any other party. Notwithstanding the foregoing, the Client shall be liable with regard to any loss, damage, cost, expense or injury incurred or suffered by the Company which relates to or arises out of the acts or omissions of the Client or the Client’s guests and the Client shall indemnify the Company accordingly. This obligation shall be without limit of time.
10. Personal Property
The Company shall in no event be liable for any personal property brought into any venue by the Client or any third party and the Client shall be solely responsible for the security of such property.
11. Governing Law
These Conditions shall be governed by and construed in accordance with the law of Scotland