Terms and Conditions
Terms of Conditions of Business
1.1 We act as a disclosed agent for the Principal, therefore the contract governing the Event will contain the terms and conditions of the Principal. You acknowledge that any booking that We accept is to be performed by the Principal (i.e. a separate event organiser) and that We have no control over the organisation of the Event or quality of such an Event and therefore We accept no liability in respect of any such Event.
2.1 In interpreting these Terms and Conditions, the following words shall have the following meanings:
2.1.1 "Agent", "We", "Us" and "Our" refers to Company Christmas, trading as Hype Agency, registered in England and Wales number 5730425, and whose registered office is at Cambridge House, 16 High Street, Saffron Walden, Essex, CB10 1AX
2.1.2 "You" and "Purchaser" shall mean the person making the booking and who purchases the Tickets for an Event, who has been accepted by Us on behalf of the Principal.
2.1.3 "Principal" means the business who has appointed and authorised Us to act as Agents and provide Tickets for an Event.
2.1.4 "Authorised Third Party" means either a business or venue used by the Principal to create the Event which We have been authorised to provide Tickets for.
2.1.5 "Booking Confirmation" means the confirmation in writing from Us to You of your booking. The Booking Confirmation will include details of the deposit and the full payment due for the Tickets to the Event booked.
2.1.6 "Ticket" means the Ticket to an Event which You have made a booking for.
2.1.7 "Event" means an organised Event for which We provide Tickets for on behalf of the Principal.
2.1.8 "Extras" means any additional services that We provide on Your behalf to enhance the Event.
3.1 A booking will only be deemed to be accepted and confirmed by Us once You receive full confirmation of the booking in writing - Booking Confirmation. This can be via email, fax or letter.
3.2 Upon acceptance of your booking, We will book on your behalf with the Principal the Event at the time and place requested. This signifies that the Principal has entered into a contract with You, which is subject to these conditions.
3.3 We will endeavour to provide details of Events before any deposit is paid, but start and finish times, entertainment, menus, exact locations and transport details may be confirmed after receipt of the deposit as stipulated in Your Booking Confirmation.
3.4 All bookings are accepted by Us for the number stated at the time the booking is made, and strictly on the understanding that no reduction or allowance will be made if fewer persons than stated on the Booking Confirmation actually attend the Event. The full payment stated by Us at the time of the booking will in any event be due. If you request to make additional numbers to the booking after the booking is accepted and confirmed by Us, this will strictly be subject to Our agreement and the agreement of the Principal, and if agreed, to an additional deposit being paid for those extra persons.
3.5 All bookings are accepted by Us and arrangements made subject to the conditions imposed by the Principal. Therefore all services are provided subject to the conditions of the relevant Principal and Authorised Third Party. These conditions may limit or exclude their liability to You and therefore copies of these conditions are available upon request.
3.6 Your contract is with the Principal noted on Your Booking Confirmation. We are acting on behalf of this Principal.
4. Deposits and Payments
4.1.1 All payments are due in pounds sterling.
4.1.2 No payment shall be deemed to have been received until We have received cleared funds.
4.1.3 Published Ticket prices may be exclusive of VAT or inclusive of VAT depending on event. Ticket prices exclusive of VAT will be added at the current rate.
4.1.4 You will be responsible for any loss, theft or damage to Your Tickets. In the event Your Ticket is lost, stolen, damaged or destroyed, please contact Us so that We can contact the Principal on your behalf to make suitable arrangements for You to attend the Event.
4.2.1 A proposed booking will only be confirmed by Us once We receive payment in full of a non-refundable deposit. The amount of deposit will be stipulated at the time you make the proposed booking and on the Booking Confirmation.
4.2.2 All deposits are strictly non-refundable in all circumstances.
4.2.3 If a deposit is not received by Us within 14 days of a booking being placed with Us, Your proposed booking will lapse unless otherwise agreed in writing by Us.
4.3.1 For bookings 56 days or less prior to the Event, We will require payment in full at the time of the booking.
4.3.2 In other cases, the balance of the payment due must be paid no later than 56 days prior to the Event unless otherwise stated on your Booking Confirmation or agreed in writing by Us.
4.3.3 If payment of the final balance is not received by the due date, We reserve the right to terminate the booking and retain the deposit.
4.3.4 We will not be obliged to dispatch any Tickets or documents relevant to the booking until an account has been paid in full. We reserve the right to cancel all or any part of any Event should payment not be forthcoming as per the terms and conditions in this paragraph.
5.1 Any request for cancellation of a booking must be communicated in writing to Us by the person who placed the booking with Us. This can be via email or letter.
5.2 We cannot accept any cancellations by telephone.
5.3 Any cancellations must be made at least 56 days prior to the Event. No exception to this will apply unless stated on Your Booking Confirmation. For cancellations made more than 56 days prior to the Event, We will retain the deposit but refund any further payments made.
5.4 Should You make a cancellation within the 56 days prior to the Event, We will not make any refund of either the deposit or of any further payments made.
5.5 We are under no obligation to refund for cancellations in any circumstances by parties of 20 guests or less or for bookings made less than 56 days prior to the Event.
5.6 If We have to cancel an event due to circumstances beyond our control, We will use reasonable endeavours to notify You by telephone, email or in writing.
5.6.1 If We have to cancel an event due to circumstances beyond our control, We will transfer Your booking to another date or event if possible. If a transfer is not possible We will refund your event fee.
5.6.2 If We have to cancel an event due to circumstances beyond our control, We will not be liable to refund other costs incurred by You.
6. Authorised Third Parties
6.1 In providing Tickets to You on behalf of the Principal, contracts are also made with Third Parties on Your behalf for provision of all the necessary facilities at the Event. We act as an Agent for the Principal only and strictly on the basis that
6.1.1 We will incur no liability whatsoever as a result of any such arrangements with Authorised Third Parties; and
6.1.2 Your contract with Us is subject to the terms and conditions of contracts with Authorised Third Parties.
6.2 In the event that an Authorised Third Party fails for any reason to provide facilities that have been requested, or to honour a booking, We shall have no liability to you.
6.3 In exceptional circumstances an Authorised Third Party may see fit to stop an activity at any time if they feel continuing an activity would cause injury or harm to its staff or to any other persons at the site. You will not be entitled to any refund whatsoever from Us.
7.1 Should We and not the Principal provide any Extras at the Event, these will be charged for upon making the booking. Should these Extras be requested after the booking is confirmed, they will be charged for under a separate invoice.
7.2 We will endeavour to ensure that any Extras that are requested at the time of the booking are the Extras that will be at the Event. However, from time to time events outside of our control may mean that We will have to provide alternative Extras to ensure the Event is as spectacular as intended. Should We need to alter the Extras at the Event, We shall inform You at the earliest opportunity to enable Us to provide alternative Extras. Any additional costs in providing alternative Extras will not be charged to You and the original cost to You in relation to the Extras will remain the same.
8.1 If You request changes to all or part of the Event, We will endeavour to liaise with the Principal to arrange the change if it is reasonable and if time and arrangements with Authorised Third Parties allows this. It is a condition of Our agreeing to try to comply with any such request that You will pay Us all costs which We incur in complying with (or attempting to comply with) Your request. This includes reasonable administration costs which We shall agree with You before any changes are made.
8.2 While We will make all reasonable efforts to adhere to arrangements confirmed at the time of booking, We reserve the right at Our sole discretion to alter or change arrangements should it be necessary to do so, and We shall not be liable to You for any changes, save for making a refund of any monies not expended.
8.3 We will not be liable to You for any changes to Events which are beyond our reasonable control.
8.4 In the event of You not wishing to partake in an pre-arranged activity at any Event for whatever reason, You will not be entitled to a refund.
9.1 We exercise all reasonable endeavour to ensure the accuracy of the information on these pages. However, the information on the site may be incorrect or out of date and may not constitute definitive or complete information relating to an Event or any other subject matter.
9.2 Prices are correct at the time of publishing and are subject to change without notice.
9.3 In the case of some Principals and Authorised Third Parties, a disclaimer may be required to be signed before the Event takes place. Failure to sign the disclaimer to the satisfaction of the Principal or the Authorised Third Party may result in the Event being cancelled. We will have no liability to You whatsoever in this circumstance.
10. Our Liability
10.1 This paragraph sets out Our entire financial liability to You and to members of Your party (including any liability for the acts or omissions of our employees, agents and sub-contractors) in respect of
10.1.1 any breach of contract
10.1.2 any representation, statement, act or omission; and
10.1.3 anything related to Your Booking or the Event.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
10.3 Nothing in this contract limits or excludes Our liability for death or personal injury.
10.4 Subject to paragraph 8.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with these terms and conditions, Your booking or the Event, shall be limited to the total amount paid by You to Us.
10.5 As Agent, We will not be held responsible if an Event is cancelled or postponed.
11. Liability of Principal
11.1 In making a booking with Us, You understand and agree that We are not responsible to You or any one else for the quality of the Event, delay, rescheduling, cancellation or content of the Event. You accept that any issues relating to the Event will be dealt with between You and the Principal.
11.1 All bookings are accepted by Us and arrangements made subject to the conditions imposed by the Principal. Therefore all services are provided subject to the conditions of the relevant Principal and Authorised Third Party. These conditions may limit or exclude their liability to You and therefore copies of these conditions are available upon request.
12. Guest Conduct
12.1 We do not accept any responsibility in respect of any person prevented from entering an Event, or asked to leave due to their conduct.
12.2 You must ensure that all persons attending the Event under Your booking shall:
12.2.1 Comply with all licensing, health and safety and other regulations relating to the Event
12.2.2 Not bring any dangerous or hazardous items to the Event and to remove such items promptly when requested to do so by an authorised person
12.2.3 Not consume food or drink at the Event not supplied by the authorised caterers without their prior consent; and
12.2.4 Not act in any improper or disorderly manner, leave the Event promptly at the appropriate time and comply with any reasonable request by an authorised person.
12.3 All guests attending an Event must be aged 18 or over.
12.4 In certain circumstances, guests over the age of 16 may be permitted to attend the Event, however We must first receive prior notification of their attendance and only once You receive written confirmation from Us that they are permitted to attend, will they be able to do so. Under no circumstances will under-age guests be permitted to consume alcohol and should any attempt be made to obtain alcohol on the under-aged guest’s behalf, the Principal reserves the right to remove the offending guests from the Event.
12.5 The Principal, Authorised Third Party or their authorised staff reserves the right to refuse admission to an Event if they believe any person under Your booking can be a danger to the other guests or themselves or can affect the enjoyment or duration of the Event (for example due to being under the influence of drugs or alcohol). A refund will not be given in such a situation.
13.1 If You make a booking with Us it is understood You have read, understood and accepted these terms and conditions.
13.2 Any person who arranges a booking with Us on behalf of other persons does so on the basis that they undertake to communicate these terms and conditions to all such other persons.
13.3 This contract shall be governed by English Law and shall be subject to the sole jurisdiction of the English courts.
13.4 No variation of these terms and conditions shall be valid unless agreed in writing by Us. No condition which You may seek to apply shall have any effect unless We expressly agree to it in writing.
13.5 The clauses of these terms and conditions shall operate on the basis that the terms and conditions and provisions thereof and likewise parts of such clauses and of such terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which shall remain in force as if the unenforceable provision had been eliminated.
13.6 Nothing contained in the terms and conditions shall exclude the Agency from any responsibility or liability which they may have in law in so far as it is competently varied or excluded and these terms and conditions shall be read and construed accordingly.
13.7 Each right or remedy of Ours under this transaction is without prejudice to any other right or remedy We may have under this transaction or not.
13.8 Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of our rights under these terms and conditions.
13.9 The parties to these terms and conditions do not intend that any term shall be enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person that is not a party to it.
13.10 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
14. Force Majeure
14.1 We regret that we cannot accept responsibility or pay any compensation if an Event is cancelled or delayed by reason of circumstances amounting to ‘force majeure’. Force majeure means any event, which we or the service provider in question could not, even with all due care, forsee or avoid. Such event may include war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
15. Data Protection
15.1 We adhere to the Data Protection Act 1998. We will always comply with any data protections legislation which is currently in force. In compliance with the Data Protections Act 1998, any information will be stored securely and will never be shared with any one other than the Supplier, unless it is necessary in relation to a Booking.
15.2 We will endeavour in the strictest terms to keep Your personal information personal and secure. However We cannot accept responsibility for information taken unlawfully.
Website Terms & Conditions
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britainor international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.