Terms & Conditions of Business
1.1 In these terms and conditions:
“Charges” means the charges for the Services;
“Client” means the person or entity that purchases the Services from LEH and this term shall also be deemed to include all persons or entities on behalf of whom that person or entity purchases the Services from LEH;
“Contract” means any contract between LEH and the Client which incorporates these terms and conditions;
“Event” means the function, match, event or occasion in respect of which the Services are provided;
“Reservation” means a booking, reservation or other similar request for the Services by the Client;
“LEH” means Leading Edge Hospitality Limited (a company registered in England and Wales under registered number 7458605);
“Services” means the services and arrangements LEH will provide to the Client under the Contract.
1.2 The headings in these Conditions do not affect their interpretation.
1.3 References to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
2.1 These terms and conditions alone shall govern the Contract.
2.2 No variation to these terms and conditions shall be binding unless agreed to in writing by LEH.
3.1 A Reservation shall be deemed to be an offer by the Client to purchase the Services subject to these terms and conditions.
3.2 No Reservation shall be deemed to be accepted until LEH confirms the Reservation in writing, by e-mail or by telephone subject to availability and payment of the Charges.
4.1 Unless otherwise stated all Charges are exclusive of VAT.
4.2 LEH reserves the right to alter the Charges at any time prior to the Event to cover increased costs incurred in providing the Services.
5. TERMS OF PAYMENT
5.1 The Client shall pay the Charges to LEH as follows:
5.1.1 for a Reservation accepted by LEH 60 days or less prior to the Event, the Client shall pay all the Charges within 7 days of LEH’s acceptance of the Reservation.
5.1.2 for a Reservation accepted by LEH more than 60 days prior to the Event, the Client shall pay 50% of the Charges (or such proportion of the Charges as RSEL stipulates) within 7 days of LEH’s acceptance of the Reservation and the balance no later than 54 days before the Event.
5.2 Time for payment shall be of the essence.
5.3 No payment shall be made until LEH is in receipt of cleared funds.
6. NON PAYMENT
6.1 In the event the Client fails to pay any amounts due under the Charges within the time limits stipulated under clause 5.1, LEH shall be entitled at its discretion to treat the Contract as terminated and reallocate the Services to third parties without reference to the Client or charge the cancellation charges set out in clause 11.2.
7.1 Any extra services provided by LEH at the Client’s request (not included with the original Services) are chargeable and will become due for payment within 7 days of any invoice issued to the Client in respect of the extra services.
8. LATE PAYMENT
8.1 If the Client fails to pay any amounts due under the Contract the Client will be liable to pay interest to LEH on such sums from the due date for payment at the annual rate of 2% above the base lending rate from time to time of The Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgment.
9.1 LEH is under no obligation to issue tickets and other documents for the Event until it receives full payment of the Charges.
9.2 In the event the Client does not collect tickets and other documents relating to the Event from LEH and requires LEH to post these items, risk in these items shall pass to the Client upon the items being posted to the address provided by the Client.
9.3 Any tickets or hospitality provided under the Services are for the use of the Client and his guests only. The Client shall not resell or transfer any tickets or hospitality provided under the Services without the written consent of LEH.
9.4 The Client shall not use any tickets or hospitality provided under the Services for the purposes of a prize or incentive or in a raffle, lottery or draw without the consent of the organisers of the Event.
9.5 Any tickets or hospitality obtained in breach of clauses 9.3 and 9.4 shall be void and any person using tickets or hospitality in breach of clauses 9.3 and 9.4 is liable to be refused admission or ejected from the Event.
10. LIABILITY OF LEH
10.1 Nothing in these term and conditions excludes or limits the liability of LEH for death or personal injury caused by its negligence or fraudulent misrepresentation.
10.2 Subject to clause 10.1, LEH shall not be liable for any indirect economic or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10.3 Subject to clause 10.1, LEH’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Contract is limited to the Charges.
10.4 For the avoidance of doubt LEH has no responsibility for the property and personal effects of the Client and his guests.
10.5 It is the sole responsibility of the Client to obtain adequate insurance against cancellation or postponement of the Event for whatever reason.
10.6 LEH is not liable for the non-appearance of any individual, artist, performer, player or participant at the Event.
11. CANCELLATION BY CLIENT
11.1 The Client shall notify LEH by writing to Leading Edge Hospitality Limited, 3 Meadowcroft, Formby, Liverpool L37 4HT in the event it wishes to cancel the Services.
11.2 Upon receiving the notification set out in clause 9.1, LEH shall be entitled to charge the following cancellation charges:
11.2.1 for Services cancelled by the Client more than 60 days prior to the Event, the Client shall pay 50 % of Charges.
11.2.2 for Services cancelled by the Client 60 days or less prior to the Event, the Client shall pay all of the Charges.
11.3 The contract shall be treated as terminated in the event that the Client makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual of firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) and the cancellation charges set out in clause 11.2 shall apply.
11.4 Payment of cancellation charges is due within 7 days of any invoice issued in respect of cancellation charges.
12. ALTERATION TO SERVICES REQUESTED BY CLIENT
12.1 LEH will endeavour to accommodate any changes or alterations to the Services requested by the Client but is not obliged and cannot guarantee to do so.
13. MATTERS BEYOND REASONABLE CONTROL OF LEH
13.1 LEH shall not be liable for any matter beyond its reasonable control which result in the Event being altered or cancelled or in LEH being unable to provide the Services including, without limitation, weather conditions, acts of God, governmental actions, national emergency, acts of terrorism, protests, strikes, riot, or civil commotion.
13.2 Where LEH is unable to provide the Services due to the alteration or cancellation of the Event by a third party who arranges the Event, LEH will endeavour to provide a suitable alternative and the Client agrees to accept the suitable alternative or to secure a refund for the Client only of any monies paid to a third party but is not obliged and cannot guarantee to do so.
14. CHANGES TO SERVICES BY LEH
14.1 LEH will endeavour to provide the Services but reserves the right at its discretion to alter, amend or change the Services (including alterations, amendments or changes in time, date and venue) should it be found necessary to do so and shall have no liability to the Client for such alterations, amendments or changes except for refund of any monies no longer required to be paid to a third party.
15.1 LEH provides no warranty that the Event shall take place at the time and place stipulated or at all.
15.2 LEH provides no warranty as to the quality, suitability or otherwise of the Event.
16. THIRD PARTIES
16.1 LEH in providing the Services contracts with third parties in relation to the Event.
16.2 LEH acts only as agent of the Client in contracting with third parties and no liability shall attach to LEH in connection with or arising out of the acts or omissions of third parties or their servants, agents or employees.
16.3 The Contract shall be subject to any terms and conditions of third parties who LEH contacts with in relation to the Event, any terms and conditions of the organisers of the Event and any terms and conditions of the venue where the Event is held.
16.4 LEH has no control over the running of the Event and all details or descriptions of the Event are for guide purposes only.
17. AUTHORITY OF LEH
17.1 The Client and his guests will comply with all reasonable instructions given by LEH.
17.2 The Client and his guests are expected to maintain a reasonable standard of behaviour at the Event.
17.3 The Client and his guests will not introduce any signage or other promotional material at the Event without the prior written consent of LEH.
18. THIRD PARTY RIGHTS
18.1 The parties to this Contract do not intend that the Contract will be enforceable by any person that is not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
19. APPLICABLE LAW
19.1 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.