We, Vision 4 Sport Events Ltd, a company registered in England and Wales registered no. 09279343 whose registered office is 55 Chart Lane, Reigate, Surrey, RH2 7DZ
1. DEFINITIONS & INTERPRETATIONS
In these conditions these words have the following meanings; “The Company” – Vision 4 Sport Events Limited “The Contract” – any contract or booking confirmation under which the company provides services to the client. “The Client” – the individual, firm, company or other party with whom the company contracts and has a booking confirmation with. “The Event” – the event or occasion with which the contract or booking confirmation relates and to which the company will provide services. “Services” – the whole or any part of the services which the company is to supply as laid out in the booking confirmation. “The specified Rate” – 4% above HSBC Bank’s base lending rate.
2. CONTRACT TERMS
2.1 The Contract will only come into existence once the Company has received and accepted the Client’s order in writing. Until acceptance the Company will not be under any obligation to the Client.
2.2 Unless otherwise agreed in writing by the Company these Conditions will override any terms or conditions stipulated in or referred to by the Client in its order or pre-contract negotiations
2.3 Any description or specification contained in the Company’s catalogues, samples, price lists or other advertising material is intended merely to present a general picture of the Services and will not form a representation or be part of the Contract
2.4 Where the Company has not acknowledged the Client’s order in writing, these Conditions will apply to the Contract provided the Client has had prior notice of them
2.5 The Company reserves the right to correct any clerical or typographical errors made by its employees at any time
2.6 The Company reserves the right to make an appropriate charge for secure postage and packaging
2.7 The making of a booking with us, however confirmed, shall be deemed as acceptance by the client of the terms and conditions
2.8 Hospitality packages provided at Twickenham are subject to all Terms & Conditions as specified by the RFU (including the ticket distribution conditions). All RFU Terms & Conditions are available at www.rfu.com.
2.9 For all bookings made in relation to The Masters Tournament, the client is not entitled to keep the Masters badge for the respective day. The ticket is rented to the client in order to gain entry to Augusta National. The Company shall retain ownership of the physical ticket or badge throughout and the client must return this to a Company representative at the end of the respective days play.
2.10 Failure to adhere to section 2.9 will result in the company charging the client for loss of ticket. This charge will be at the discretion of the company and will be not more than $10,000 for each unreturned ticket or badge.
3.1 Unless otherwise agreed in writing by the company the Company’s quotations are provisional and subject to availability and may be altered at any time for any reason as seen fit by the company.
3.2 All prices are exclusive of VAT
3.3 The Company reserves the right to adjust the total price of the event/package and in particular to take account of Foreign Currency, Exchange Rates, Fuel surcharges and travel operators surcharges. Payment of any increase will be made by the client within 7 days of invoice.
4.1 The Company will invoice the client in accordance with their respective booking confirmation.
4.2 The Company will acknowledge a booking as being accepted once cleared funds have been received.
4.3 Without prejudice to any other rights of the Company, interest will be payable on all overdue accounts at the specified rate.
4.4 Non-payment on a due date will entitle the Company to demand payment of all outstanding balances whether due or not and/or cancels the contract.
4.5 The Client will not be entitled to withhold payment of any invoice by reason of any right of set-off or any claim against the Company.
4.6 The Company has the right to suspend performance and/or fulfilment of any booking if it reasonably believes that the Client will not make payment in accordance with these conditions.
4.7 Tickets and other package admission or documentation will not, under any circumstances be issued prior to receipt and bank clearance of full payment relating to such tickets and package elements.
5.1 The Company may cancel the Contract if the Client:- 5.1.1 fails to make any payment when it becomes due 5.1.2 enters into any composition or arrangements with its creditors
5.1.3 has a winding up order made against it
5.1.4 has an administrative receiver or administrator appointed
5.1.5 passes a resolution for winding-up or a Court makes an order to that effect breaches any of these Conditions
5.2 Clause 5.1 is without prejudice to the Company’s right to the full price for the Services. The Company will be entitled to damages for any consequential loss due to the determination of the Contract
5.3 The Company may cancel the Contract for any reason provided it gives at least 4 weeks prior written notice to the Client. Subject to clauses 5.1, 5.2, and 7 the Company will refund any monies paid by the Client but will not be under any other liability whatsoever. For the avoidance of doubt this clause will not apply where the Event is cancelled, the date or venue of the Event changed or the Company cancels the contract due to circumstances beyond its reasonable control.
5.4 Cancellation by the Client will only be accepted at the discretion of the Company if in writing and signed by a director. The Company will be entitled to retain on demand the reservation fee and the deposit payable in accordance with clause 4.1. In addition, any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting from the cancellation in excess of the amount of the reservation fee and the deposit will be paid by the Client.
6.1 The Company will not be liable for any loss or damage whatsoever if:-
6.1.1 the Event is cancelled
6.1.2 scheduled participants in the Event fail to attend
6.1.3 the time, date or venue of the Event is changed
6.1.4 the Company is unable to provide the Services due to circumstances beyond its reasonable control
6.2 Where the Company contracts with third parties in order to provide tickets or facilities for the Client it is expressly agreed that the Company acts as agent for the Client. The Company will not have any liability in respect of any direct or consequential loss or damage arising out of or in connection with the provision of goods or services by such third parties.
6.3 Any liability of the Company to the Client arising out of any breach of the Contract and/or the Company’s negligence will be limited to 10% of the total Contract price. The Company shall have no further or other liability in respect of any direct or consequential loss or damage sustained by the Client. This clause is without prejudice to any liability of the Company for death or personal injury arising out of the Company or its servants or agents negligence or wilful default.
6.4 No term, condition, warranty or representation (whether express or implied by statute law custom or usage) as to the nature or quality of the Services or the conformity with any description is given by the Company or forms part of any Contract between the Company and the client. If any legislation makes unlawful to exclude or purport to exclude any term from the Contract, this Clause will not apply to that term. This provision will apply unless otherwise stated in these Conditions or unless otherwise agreed in writing by the Company.
6.5 The Client shall indemnify the Company against all costs, expenses, actions claims and demands whatsoever made by any person arising from any action omission or representation by the Client or breach of these conditions.
7. THE EVENT/OCCASION
Vision 4 Sport Events Ltd give no guarantee whatsoever that the event/occasion shall take place. Should any event/occasion be cancelled or postponed for any reason whatsoever, the client will have no entitlement to any refund of monies paid. It is the responsibility of the client to adequately insure themselves against postponement or cancellation, for whatever reason, of the event/occasion. The provisions of the S1(2) of the Law Reform (Frustrated Contracts) Act 1943 (or any re-enactment thereof) shall not apply to any agreement between Vision 4 Sport Events Ltd and the client.
8. CHANGES TO ARRANGEMENTS BY VISION 4 SPORT EVENTS LTD.
Every reasonable effort will be made by Vision 4 Sport Events Ltd to adhere to advertised and confirmed arrangements, but Vision 4 Sport Events Ltd reserves the rights at its sole discretion to alter, omit or change arrangements should it be found necessary to do so, and shall have no liability whatsoever to the client for any such changes, save a refund of any monies not expended.
9. FORCE MAJEURE
9.1 The Company shall not be liable to the Client or be deemed to be in breach of the Contract or these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract or to these Conditions if the delay or failure is due to any act beyond the Company’s reasonable control, including but not limited to; any Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure or postponement or cancellation of the Event.
In compiling our brochure and establishing all our arrangements we have relied on the information provided by third parties. Wherever possible these have been verified. However, should you find anything that is not as described, please let us know as soon as possible, so that we can give it our attention.
The making of a booking with us, however confirmed, shall be deemed as acceptance by the client of the above terms and conditions.
12. THE ENGLISH LAW
This contract shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.