Terms & Condition – Interskygroup

THIS IS AN IMPORTANT LEGAL DOCUMENT WHICH YOU SHOULD READ BEFORE ENTERING INTO ANY CONTRACT WITH US FOR THE SUPPLY OF SERVICES BY US TO YOU. YOUR ATTENTION, IN PARTICULAR IS DRAWN TO CONDITION 7 WHICH CONTAINS LIMITS TO AND EXCLUSIONS OF OUR POTENTIAL LIABILITY TO YOU.

INTERPRETATION
1.1 In these conditions:-
“Confirmation” Means our emailed confirmation prepared in response to your initial enquiry and which contains details of the Services (which, you acknowledge, is information provided by organisers, promoters of or agents appointed in respect of the event(s) in question and is for guidance only)
“Conditions” Means the conditions of supply set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between you and us
“Confidential information” Means information relating to our business services and affairs which may from time to time be, or be treated by us as, confidential
“Contract” Means the contract between you and us for the provision by us of the Services created by your acceptance of the Confirmation and incorporating these conditions
“Deposit” Means a non-refundable deposit in an amount set out in the Confirmation and payable on your order (or on such terms as may be set out in the Confirmation)
“Price” Means the price for providing the Services which we quote in the Confirmation
“Services” Means the provision of booking facilities, passes, corporate hospitality, events information and/or related services which we are to supply in accordance with these Conditions
“Website” Means www.interskygroup.com or other similar website or websites on which we may advertise the Services from time to time
1.2 The headings in these Conditions are for convenience only and shall not affect their construction or interpretation
1.3 These are the Conditions upon which we, Intersky Group deal with you, our client.
They govern all our dealings with you to the exclusion of any other terms and conditions subject to which any order for the Services is purported to be placed or any acceptance of the Confirmation is purported to be made by you.
1.4 No variation of these Conditions shall bind us unless agreed to by us in writing.
1.5 Our employees and agents are not authorised to make any representations concerning the Services unless confirmed by us in writing. You acknowledge that you do not rely on any representations which are not so confirmed. Brochures, advertising and other promotional material issued by or on behalf of us or contained or linked-to on the website do not form part of the Contract and you acknowledge that you have not relied on any statement contained in such material in entering into the Contract.
1.6 If we waive any breach of the Contract, it should not be considered by you to be a waiver of any further breach.
1.7 If any provision of these Conditions is held to be invalid or unenforceable in whole or in part, the remainder of these Conditions will continue to apply.
1.8 The Contract shall be governed by the laws of England.

Proposal
2.1 The description of the Services shall be those set out in the Confirmation and you will be responsible for ensuring such description is accurate.
2.2 You must confirm acceptance of the Confirmation by responding to it by e-mail, in accordance with its terms. If you do not respond (or if we do not receive such response) within 7 days, we can treat the offer contained in the Confirmation as having lapsed.

Contract Price
3.1 The price for the Services shall be the Price.
3.2 We reserve the right, by giving you notice at any time, to increase the Price to reflect any increase in the costs of providing the Service due to any factor beyond our control, any change in the date, duration or location of the event in question, or any delay caused by any of your instructions or your failure to give us adequate or correct information or instructions.
3.3 All prices quoted by us are exclusive of value added tax, which you will be liable to pay to us in addition.

Terms of Payment
4.1 Unless otherwise stated in the Confirmation, you will pay the Deposit when you accept the Confirmation.
4.2 Unless other payment terms are contained in the Confirmation, we shall be entitled to invoice you for the Price (or, as appropriate, the Price less the Deposit) at any time after your acceptance of the Confirmation.
4.3 Subject to any provisions to the contrary which may be contained in the Confirmation, you must pay the amount payable pursuant to Condition.
(a) Within 30 days of the date of invoice but in any event not later than 12 weeks prior to the earliest of the events in respect of which we will provide the Services; or
(b) Within 30 days of the date of the invoice but in any event not later than 12 weeks prior to the earliest of the events in respect of which we will provide the Services; or
4.4 Within 30 days of the date of the invoice but in any event not later than 12 weeks prior to the earliest of the events in respect of which we will provide the Services; or
4.5 If you fail to pay us on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:-
4.5.1 Cancel the Contract, retain the Deposit and/or suspend any further performance of the Services (including reselling your reservation at the event(s) in question;
4.5.2 Appropriate any payment made by you to such of the Services (or to Services supplied under any other contract between you and us) as we may think fit;
4.5.3 Charge you interest (both before and after judgement) on the amount unpaid at the rate of 8% per annum above the base rate of Santander Bank plc from time to time until payment is made in full, together with compensation for late payment under the Late Payment of Commercial Debts (Interest Act) 1998 and the Regulations made under that Act.

Amendment and Cancellation
5.1 If you wish to cancel or amend the Contract, you must immediately inform us by e-mail.
5.2 Where we receive any request from you to amend or cancel the Contract, we may, at our sole discretion:-
(a) Where the request is received in excess of the 12 weeks prior to the date of the event in question, amend or cancel the Contract as we see fit and retain the Deposit but refund the remaining balance of any Price paid.
(b) Where the cancellation is received either 12 weeks before, or less than 12 weeks before, the date of the event in question, amend or cancel the Contract as we see fit and retain the full Price (or, if the Price or any part of it remains outstanding, charge you for such Price or balance thereof); or
(c) Charge you such administration fee as we see fit to amend any Contract
5.3 You acknowledge that, where you seek to amend or cancel any Contract, we may be unable to recoup all or any money which we have expended on your behalf in placing the bookings in question. The charges set out in this clause 5 is a reflection of our loss and liability in that regard and are not a penalty.

Performance
6.1 We will perform the Services at the time(s) and place(s) as set out in the Confirmation. For the avoidance of doubt, time of performance of the Services shall not be of the essence of the Contract.
6.2 If we fail to perform the Services for any reason other than any cause beyond our reasonable control or your fault and we are accordingly found to be liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar services to replace those not performed over the price of the Services.
6.3 We reserve the right to refuse entry to any of you, your employees, agents, representatives or guests to any event if in our opinion, or in the opinion of any person organising, promoting or managing the event in question (or their representatives, employees or agents) that any such person is likely to cause offence or injury to any other party.
6.4 You shall indemnify and keep indemnified us, our agents, representatives and employees against any loss, damage, liability, costs and expenses suffered or incurred as a result of you or any of your employees, agents, representatives or guests at any event in respect of which we are providing Services.

Warranties and Liabilities
7.1 Subject to the conditions set out below, we shall use reasonable endeavours o ensure that the Services will be provided, as far as is reasonably possible, in accordance with the description contained in the Confirmation. However, you acknowledge that we have no control over the programme of the event in question, which may be changed at the organiser’s discretion.
7.2 We shall be under no liability under the above warranty (or any other warranty or guarantee) if the Price is not paid by the due date or dates for payment.
7.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Where any valid claim in respect of any of the Services arises in accordance with these Conditions which is based on the failure of the Services to correspond with the Confirmation we shall be entitled to provide replacement Services (for instance, hospitality at an event at the same venue on a different date) free of charge or, at our sole discretion, to refund to you the Price (less the deposit) or a proportionate part of the Price (less the deposit), but we shall have no further liability to you.
7.5 We shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the provision of the Services or your reliance on them or on any conclusions, forecasts and/or recommendations which we make in the course of providing the Services.
7.6 Consequential loss means any loss of anticipated profits, damage to reputation or goodwill, loss of expected future business, damages, costs, or expenses payable to any third party or any other indirect losses.
7.7 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the Services if the delay or failure was due to any cause beyond our reasonable control including (but not limited to) the cancellation, postponement of the event in question or any change to the time, date or location of any such event due to cancellation or variation by third parties, adverse weather conditions or other such occurrence.
7.8 We shall have no liability to you for any loss or damage caused to you by persons not employed by us (including, but not limited to, the organisers or promoters of any event and/or their agents, employees or representatives).
7.9 Nothing in these Conditions shall limit in any way our liability for death or personal injury caused by our negligence.

Insolvency
8.1 This condition applies if:-
8.1.1 You make any voluntary arrangement with your creditors (whether formal or informal) or become subject to an administration order or become bankrupt or go into liquidation; or
8.1.2 A Receiver is appointed over any of your property or assets; or
8.1.3 You cease or threaten to cease to carry on business; or
8.1.4 We reasonably apprehend that any of the events mentioned above is about to occur and notify you accordingly
8.2 If this condition applies we shall be entitled to cancel the Contract or to suspend any further performance of the Services under the Contract without any liability to you and if the Services have been performed but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Assignment
9 You shall not assign the Contract or any rights accruing under it without prior consent. In particular, it may be the case that tickets booked for events are not transferable and may also be used by persons whom you may specify for that purpose.

Agency
10 In accepting the Confirmation, you appoint us as your agent for the purpose of making reservations on the event(s) in question. You will indemnify us from and against any loss, liability, damages, costs or expenses which we suffer as a result of acting in that capacity.