These Terms and Conditions apply between the client (“you”) and GTS Events Ltd. trading as Six Day Travel, a wholly owned subsidiary of Byrom Plc (“us”) and relate to the sale of hotel rooms (“Hotel Rooms”) and other ground services (“Other Services”) by us to you in connection with The Six Day Series – The Final (the “Event”) which will take place at the Palma Arena, Mallorca on Friday, 17 March 2017. Other Services include, but are not limited to, admission tickets to the Event (“Tickets”). If you purchase Hotel Rooms and at least one Other Service this shall constitute a package (“Package”).
By signing and returning the Proposal to us (as specified in Clause 1.3) you agree to purchase Hotel Rooms and Other Services from us subject to these Terms and Conditions. Each Confirmation (as described in Clause 1.3) shall be deemed to be a separate contract between us, to which these Terms and Conditions apply.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the Packages purchased from us and for your repatriation in the event of our insolvency. We provide this security with a bond provided to ABTA. If you book individual elements from us (other than a Package, e.g. Hotel Rooms only), the financial protection referred to above does not apply.
We are a member of ABTA, membership number W3423. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract, outlined in Clause 4.13 below. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com.
Reserving & Booking Your Hotel Rooms
- 1.1 Making your initial reservation: Once we have confirmed the availability of the hotel rooms that you have indicated you may wish to purchase, we shall reserve the rooms (being the “Client Rooms”) exclusively for you and specify such reservation(s) in a corresponding proposal (“the Proposal”) which we shall then send to you.
- 1.2 Minimum Stay Requirement: Certain Client rooms purchased for the Event may be subject to minimum stay requirements, details of which will be set out in the corresponding Proposal.
- 1.3 Confirming your reservation: On or before the option date referred to in the Proposal (“the Option Date”), you must confirm to us the number of Client Rooms you wish to retain (being “the Confirmed Rooms”) by signing and returning the Proposal to us. All Client Rooms which are not so confirmed on or before the Option Date will be automatically cancelled. We shall refer to your signed Proposal as the “Confirmation”.
- 1.4 Purchasing a Package: If you have purchased a Package then, if you choose to exercise your cancellation rights in accordance with Clause 3, you may not cancel the individual elements that make up your Package, but may only cancel the combined elements of the Package you have purchased. EXAMPLE: if you have purchased a Package consisting of two Hotel Rooms together with admission tickets, you may cancel one or both of the hotel rooms together with the Other Services relating to that Hotel Room. You may not cancel the separate elements of the Package.
- 1.5 Invoice: An invoice shall be raised against the Confirmed Rooms and other Services which we will send to you together with the Proposal requesting payment in accordance with the payment schedule which you will see below at Clause 2.3.
Paying for Your Services
- 2.1 The Sales Rate: Subject to any cancellations in accordance with these Terms and Conditions you agree to pay the total amount payable as set out in the Booking Confirmation (“The Sales Rate”). We acknowledge that the Sales Rate shall include all applicable charges and taxes at the prevailing rate.
- 2.2 Incidental Charges: The Sales Rate does not cover, and we shall not under any circumstances be responsible for, any incidental charges incurred by or on behalf of the person(s) using the Confirmed Rooms, including but not limited to room service, food and beverage (unless expressly included), telephone calls and all service charges and taxes. You or your guests may therefore be required by the Hotel upon check-in (arrival) to guarantee payment of incidental charges with a major credit card or cash deposit.
- 2.3 Payment Schedule: You agree to pay the Sales Rate as follows for all Confirmed Rooms together with any appropriate cancellation fees (as described in Clause 3.3) and Processing Fees (as described in Clause 3.2) (“the Total”):
(i) When the Confirmed Rooms are purchased before 6 January 2017 you shall pay:
- a) Fifty percent (50%) of the Total;
- b) On 3 February 2017 the balance (if any) of the Total. (ii) When the Confirmed Rooms are purchased on or after 3 February 2017, you shall pay the Total in full immediately following our invoice.
- The price of the Confirmed Rooms is fully guaranteed and will not be subject to any surcharges (save as described in Clause 2.2).
- 2.4 Payment Arrangements: Your payment to us shall be made to the bank account detailed on the invoice.
- 2.5 Late Payment: If full payment of any amount due to us has not been received by the due date and we have still not received payment from you fifteen (15) days after serving notice on you requesting such payment, we shall be entitled to (a) charge you interest on all amounts outstanding at four percent (4%) above the prevailing base rate of Barclays Bank as it may vary from time to time from the date payment became due until actual payment is made, (b) refuse to supply any Hotel Rooms or other services (c) claim for all reasonable losses and costs suffered by us as a result of non payment and/or late payment, and (d) terminate this agreement pursuant to Clause 4.5 below.
- 2.6 Reservation Documents: We shall provide you with documentation that will specify the details of the Confirmed Rooms and provide evidence of your reservation with the hotel.
- 2.7 Tickets: Tickets will be issued subject to the rules and regulations from time to time of the venue and the organisers of the Six Day Series. In particular it should be noted that:
- a. Tickets shall not be resold, donated or transferred (save as mentioned in clause 2.8c) to any person or entity whether for the purpose of commercial gain or otherwise. The unauthorised sale or transfer of a Ticket or any attempt to resell a Ticket will result in the Ticket being rendered invalid. Any attempt to resell a Ticket includes advertising a Ticket for sale, whether on the internet or otherwise;
- b. Any Ticket obtained in breach of these terms and conditions shall be void and all rights contained therewith will be nullified. Any person seeking to use a Ticket obtained in breach of these terms and conditions will be a trespasser, and will be refused entry or ejected from the Event venue and demarcated areas. In such circumstances no refund will be payable and such a person will be liable to legal action; and
- c. If more than one Ticket is issued to a customer, those Tickets may only be used by the customer and his or named guest(s). The provision of such a Ticket by the customer to the other named person without payment shall not invalidate the Ticket.
Cancelling Your Services
- 3.1. Cancelling Confirmed Rooms: Depending on when you cancel the Confirmed Rooms you will be liable to pay fees as set out at Clause 3.2 and Clause 3.3 below. These fees are calculated to cover our cost of handling your cancellation and are a genuine pre-estimate of our loss and the costs we will incur.
- 3.2 The Processing Fee: If you cancel any Confirmed Rooms before 6 January 2017 you will be liable to a processing fee of £150 (“the Processing Fee”), regardless of the number of Confirmed Rooms that you cancel.
- 3.3 The Cancellation Fee: Depending on when we receive notification of your cancellation you will be liable to pay a cancellation fee as follows:
- Between 7 January 2017 and 3 February 2017, you will be liable to a charge of fifty percent (50%) of the value of the Confirmed Rooms that you cancel.
- After 3 February 2016 the sale of all Confirmed Rooms shall be FINAL and you will be liable to pay 100% of the value of all Confirmed Rooms cancelled after that date.
- In the event that you cancel any Confirmed Rooms and incur a Cancellation Fee or a Processing Fee, we will apply all your previously made payments firstly towards these sums and then towards payment for your remaining Confirmed Rooms. Any sums remaining will be refunded directly to you.
- 3.4 Reduction of Rooms: Provided you do not commit a serious breach of contract and provided you provide prompt payment we shall not have any right to reduce the number of Client Rooms and/or Confirmed Rooms.
- 3.5 If we Change or Cancel the Services: It is unlikely that we will have to make any changes to your Confirmed Services, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. When a major change occurs, we will inform you as soon as possible if there is time before your departure. You will have the choice of either accepting the change to your Confirmed Services, accepting an offer of alternative arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your Confirmed Services and receiving a full refund of all the monies paid. Where we make a major change or cancellation in respect of a Package we will, unless the cancellation is due to an event of Force Majeure (please see Clause 4.15 below) or an act of default on your part, pay compensation as detailed below although the compensation that we offer does not exclude you from claiming more if you are entitled to do so:
- Period before departure within which major change or cancellation is notified to you Amount of Compensation(per Proposal)
More than 84 days Nil 43 – 84 days £10 29 – 42 days £20 8 – 28 days £30 0 -7 days £40
- 4.1 Our Liability to You: In order to supply you with the Confirmed Services, we have contracted with third party suppliers that we will take reasonable care and skill to ensure are reputable. Our role after that point is to secure your booking at the hotel although we will try to resolve matters where the hotel has not complied with any of its obligations, we emphasise that we do not have control over the actual services provided to you by the hotel or other service providers.
- Subject to clause 4.3, we do, however, accept liability where our staff or we have not properly performed our contracted obligations except where such failure/improper performance arose:
- a) Wholly due to the acts and/or omissions of the person(s) affected;
- b) Due to acts and/or omissions of a person unconnected with the provision of the Confirmed Rooms and in circumstances beyond our control; and
- c) Due to any event which was beyond our control and which we or the hotel or supplier of the service could not have forestalled or foreseen even with all due care.
- Nothing in this clause limits our liability for death or personal injury caused by way of our or our staff’s negligent acts or omissions.
- 4.2 Your Liability to Us: Although we arrange your reservation with the Hotel(s), we cannot be held responsible for the acts and omissions of you or any other person who uses the Confirmed Rooms reserved by you. In the event of any claim, cost or expense arising against us in respect of any such act or omission, (if such claim, cost or expense is not without foundation) you confirm that you will bear the responsibility for this, either by settling and paying for such claims, costs or expenses or, if you dispute any such claim, cost or expense, that you will be responsible for the costs arising in defending such a claim including our own reasonable costs (if any).
- 4.3 Damages: If we are in breach of our obligations under this agreement, we will not be responsible to you in contract, tort (including without limitation negligence) or otherwise for losses that were not foreseeable to both parties when the agreement was formed, for losses that were not caused by any breach on our part and for any business losses or loss of profits you have suffered arising out of the performance, purported performance or breach of these Terms and Conditions.
- 4.4 Amendments: Neither you nor we may alter these Terms and Conditions without the other’s agreement.
- 4.5 Term and Termination: These Terms and Conditions shall apply to all contracts between us. You may terminate this agreement by notice in writing in the event that we commit any serious breach of its terms and fail to remedy it within fifteen (15) days of receipt of notice of such breach requiring remedy of the same. We shall be entitled to terminate this agreement and any other transaction between you and us to which these Terms and Conditions apply, by notice in writing to you if:(a) you commit an irremediable breach, or a remediable breach and fail to remedy it within fifteen (15) days of receipt of notice of such breach requiring remedy of same; (b) you make any voluntary arrangement with your creditors or become subject to an administrative order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purpose of solvent amalgamation or reconstruction) or cease or threaten to cease to carry on business or an encumbrancer takes possession or a receiver is appointed to any of your property or assets or if we reasonably apprehend that any such event is about to occur and notify you accordingly.
- 4.6 Waiver: None of these Terms and Conditions may be waived except with the express consent of the party or parties who is going to be bound by the waiver. Neither your rights nor our rights under these Terms and Conditions will be deemed to have been waived by any act or conduct on either your or our part, or by any neglect to exercise or enforce such right or power or by any delay in doing so. The rights and powers that are given to either of us under these Terms and Conditions shall continue to apply unless and until the person who is going to be bound by a waiver has specifically waived or released such powers. No waiver shall operate as a waiver of any other default or of the same default on a future occasion.
- 4.7 Assignment: The Terms and Conditions together with each Confirmation form a contract that is personal to you and you may not assign, transfer, subcontract or otherwise part with any benefits or obligations without our prior written consent, provided however that you may assign or transfer the right to use any number of Confirmed Rooms without our prior written consent. Please note that if you do allow someone else to use the Confirmed Rooms in accordance with this Clause then you agree that the Terms and Conditions will apply to that person person’s use of the Confirmed Room also.
- 4.8 Independent Contractors: For the avoidance of any doubt, you and we shall each be and remain independent contractors with respect to each other and with respect to all rights obtained and services performed. Nothing herein shall be construed to:
- Constitute you and us as partners, joint venturers or co owners;
- Constitute you or us as the agent, employee or representative of the other;
- Empower you or us to act for, bind or otherwise create or assume any obligations on behalf of the other.
- 4.9 Notices: All notices, demands, requests or other communications shall be in writing and shall be mailed first class or transmitted by hand delivery or fax addressed as follows:
- If intended for us addressed to GTS Events Ltd at SEAMOS House, Brooks Drive, Cheadle Royal Business Park, Cheshire, England, SK8 3SA. Fax number +44 (0)161 492 1900 or to such other address as may be designated by us in writing to you;
- If intended for you, at the address provided by you and given on your invoice or to such other address as may be designated by you in writing to us.
- Such notices, demands or other communications shall be deemed given upon receipt. In the case of transmission by fax, confirmation of the transmission must be made by mailing the original notice demand or communication not later than the business day following the transmission.
- 4.10 Severability: If any provision or portion of any provision is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provisions shall not be affected by this.
- 4.11 Binding Agreement: Both you and we intend to rely upon the written terms set out here in the Terms and Conditions and in the Confirmation. BOTH PARTIES ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING DOCUMENT. BEFORE AGREEING TO THE PROPOSAL YOU SHOULD READ IT CAREFULLY AND ENSURE THAT IT CONTAINS EVERYTHING YOU WANT AND NOTHING YOU ARE NOT PREPARED TO AGREE TO.
- 4.12 Headings: Section and subsection headings are for ease of reference only and shall not constitute a part of these Terms and Conditions nor be given any substantive effect.
- 4.13 Resolution of Complaints: If you encounter a problem in relation to the services being supplied you should immediately inform the Hotel and/or other service providers and also our own representative who will do what they can to resolve matters to your satisfaction. If the difficulty is not resolved at the time to your satisfaction you must try to ensure that you contact us in writing no later than 28 days after your return at the address provided to you at Clause 4.9 above. If you fail to advise us and/or the supplier promptly about such difficulties this may affect our ability to properly look into and resolve this matter for you. In the unlikely event that we are not able to settle amicably any problems arising out of these Terms and Conditions and your Confirmation, then both parties may, if they wish, agree to mediate the matter. Mediation shall consist of a process by which the parties shall attempt to resolve a controversy or claim by submitting it to an impartial, neutral mediator, who is authorised to facilitate a resolution of the controversy or claim, but who is not empowered to impose a settlement upon the parties. Mediation shall take place in England.
- 4.14 Governing Law: Your Confirmation and these Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales (without giving effect to principles of conflict of law thereof). In any proceeding brought under or arising out of this agreement the parties consent to the jurisdiction of the courts within England and Wales and further consent to service of process by any means authorised by applicable English laws.
- 4.15 Force Majeure: The performance of this Agreement by either party is subject to Acts of God, war, government action or decree, disaster, strikes (other than strikes by our staff), riot or civil disorder, acts of terrorism, curtailment of transportation facilities (to the extent such curtailment was beyond our reasonable control), inclement weather, the postponement or cancellation of the Event or its being relocated to another venue or other emergencies beyond the affected party’s control making it illegal or impossible to provide or take up the Services for the purpose of attending the Event. In the event that performance of this Agreement is not possible by reason of Force Majeure, neither party shall be deemed to be in breach of the terms of this Agreement and neither party shall then be obligated in any manner to the other with respect to such performance. Compensation will not be payable by either party. To the extent we recover monies from our Services providers (including the hotels) or insurance we will refund such monies to you and we will use our reasonable efforts to obtain such recovery.
- 4.16 Insurance: you are responsible for (and we strongly recommend you do so) arranging and obtaining appropriate travel insurance.