1.1. In these terms, the following words and phrases shall have the following meanings:
1.1.1. Additional Services: other services not expressly included within a Hospitality Package.
1.1.2. Booking Form: the booking form submitted by the Client to MBCH.
1.1.3. Confirmation Letter: the letter or email sent by MBCH to the client accepting and confirming a booking following receipt of the Booking Form.
1.1.4. Contract: these terms, the Booking Form and the Confirmation Letter.
1.1.5. Client: the persons, firm or company to which the Hospitality Package is supplied.
1.1.6. Consumer: a private individual defined as a ‘consumer’ in accordance with the relevant UK consumer protection legislation.
1.1.7. Event: the event at which the Client has requested a Hospitality Package as set out on the Booking Form.
1.1.8. Guest: each person who ultimately receives the benefit of the Hospitality Package and/or attends the Event.
1.1.9. Hospitality Package: entry into the Event together with a ticket and hospitality to be provided to the Client and its/their Guests as set out in the Confirmation Letter.
1.1.10. MBCH: Mike Burton Corporate Hospitality Limited
1.1.11. Parking: if included within a Hospitality Package, parking for a private standard size passenger car at or nearby the Venue.
1.1.12. Speakers: the persons advertised as being in attendance or speaking at the Event (if any).
1.1.13. Tickets: tickets and/or hospitality passes to the Event.
1.1.14. Total Cost: the total cost of the booking as set out on the Booking Form.
1.1.15. Venue: the venue at which the Event is taking place as set out in the Confirmation Letter.
1.2. The headings do not affect the interpretation of the Contract. Any reference to a party’s employees includes its agents and sub-contractors.
2. Application of terms
2.1. These terms and conditions shall apply to and be incorporated in the Contract; apply to all dealings relating to the Hospitality Package between MBCH and the Client; and prevail over any inconsistent terms or conditions contained in or referred to in the Client's purchase order, purchasing conditions, preferred supplier agreement or implied by law, trade custom, practice or course of dealing.
2.2. No addition to, variation of, or attempted exclusion of any term of the Contract shall be binding on MBCH unless authorised in writing by a director of MBCH.
3. Contractual terms
3.1. Each order for a Hospitality Package by the Client shall be deemed to be an offer by the Client subject to these conditions. The Client shall ensure that the Booking Form is complete and accurate.
3.2. All Packages are subject to availability and a binding contract shall not come into existence unless and until MBCH issues a Confirmation Letter to the Client.
3.3. No Contract may be cancelled by the Client, except with the agreement in writing of MBCH and payment by the Client of the following cancellation depending on when written cancellation is received:
3.3.1. 25% of the Total Cost for cancellations received more than 4 months prior to the date of the Event;
3.3.2. 50% of the Total Cost for cancellations received between 2 and 4 months prior to the date of the Event;
3.3.3. 100% of the Total Cost for cancellations received within the 2 months prior to the date of the Event.
3.4. The parties acknowledge that the cancellation charges set out in clause 3.3 are reasonable given the nature and timing of the Event.
4. Supply of Package
4.1. MBCH will supply the Hospitality Package to the Client on the Event date as set out in the Confirmation Letter but shall not be responsible if the Event is cancelled, curtailed, delayed, postponed or abandoned for reasons outside of its control. In which case no refunds will be payable to the Client by MBCH. MBCH recommends the Client take out suitable insurance to cover event abandonment or curtailment.
4.2. If the Event is rescheduled, MBCH will use reasonable endeavours to arrange for the relevant Hospitality Package to be provided at the rescheduled Event. The Client’s contract will remain valid and will not entitle the Client to cancel the Contract unless they are a Consumer in which case they will be offered a refund of the Total Cost only if they and their Guests cannot attend the Event on the rescheduled date.
4.3. If the Event is cancelled by MBCH the Client may cancel the Contract and shall be entitled to claim a refund of the Total Cost less MBCH’s reasonable administration costs and any costs that MBCH is unable to recover from its suppliers, unless the Client is a Consumer in which case they shall be entitled to a full refund of the Total Cost less any credit card charges.
4.4. MBCH will inform the Client as soon as reasonably practicable of material changes to a Hospitality Package but such changes shall not entitle the Client to cancel or terminate the Contract.
4.5. MBCH reserves the right to change the Speakers, the Venue, the Total Cost, the Event timings, Hospitality Package contents and the Event date for any reason and at any time but will provide the Client with notice of such change as soon as reasonably practicable. If the Client is a Consumer and the change to the Venue or the Event date means that they and their Guests will not be able to attend the Event they will have the option to transfer their booking to another event or to receive a refund of the Total Cost.
4.6. MBCH warrants to the Client that all services supplied under this Contract will be carried out with reasonable skill and care by personnel whose qualifications and experience will be appropriate for the tasks to which they are allocated.
4.7. MBCH or the Event operators reserve the right to refuse a Guest entry to the Venue or to remove a Guest from the Venue if MBCH or the Event operator deems their behaviour to be inappropriate.
5. Client’s obligations
5.1. The Client will:
5.1.1. ensure the proper conduct of its Guests and employees at the Event and in the Venue;
5.1.2. ensure that its employees and Guests are aware of and comply with the Venue and Event operator’s rules and regulations (available on request);
5.1.3. promptly supply information requested by MBCH about the Clients and Guests;
5.1.4. be responsible for the safe keeping of the Tickets following delivery (Tickets cannot be replaced or re-issued for any reason);
5.1.5. not use the Hospitality Package or any part of them as part of a prize competition or for any other marketing or promotional activity connected with the Event or the Venue;
5.1.6. not engage in any conduct which may be prejudicial to or bring into disrepute MBCH;
5.1.7. not make any statements, representations or undertakings, in respect of Hospitality Package that are incorrect or otherwise contrary to, or inconsistent with, MBCH’s marketing materials;
5.1.8. purchase the Hospitality Package for use by itself and its Guests and will not resell, exchange or transfer the Hospitality Package to any third party (including the Tickets).
6. The Event.
6.1. The Client acknowledges and will make its Guests and employees aware that:
6.1.1. there is no smoking at the Venue;
6.1.2. parking is subject to production of the permit provided with the Tickets (if any) and the conditions thereon; is at the sole risk of the vehicle owner; and is not allowed over night;
6.1.3. orders for Hospitality Packages other than for a complete table of 10 will mean that Guests are seated on shared and not private tables unless MBCH confirm otherwise;
6.1.4. the ability to interact with Speakers at the Event is beyond MBCH’s control and subject to availability and timings;
6.1.5. if complimentary drinks have been confirmed in your Confirmation Letter this will be a reasonable amount of house wine and beer. If consumption basis has been confirmed open bottle or kegs cannot be returned;
6.1.6. if an auction is held at the Event then normal auction rules will apply and that bids made are binding and irrevocable;
6.1.7. by attending the Event the Client consents (and shall procure that each Guest consents) to their voice, image and likeness being recorded and used free of charge by or on behalf of MBCH or its affiliated companies; and
6.1.8. Ticket locations and seating positions within the Venue are allocated a MBCH’s sole discretion.
6.2. MBCH shall be under no obligation to provide Additional Services to the Client but shall upon request by the Client provide a quote for the provision of Additional Services.
7.1. The Client shall pay the Total Cost plus VAT at time of booking or within 7 days of an invoice being issued. All prices are exclusive of VAT. No Tickets for or entry into the Event shall be provided until payment of the Total Cost has been received by MBCH in full and cleared funds.
7.2. If the Client fails to make payment in full on the due date without prejudice to any other right or remedy available to MBCH, MBCH may:
7.2.1. charge interest on the amount outstanding from the due date to the date of receipt by MBCH (whether or not after judgment), at the annual rate of 4% above the then current base lending rate of HSBC Bank plc, accruing daily and compounded quarterly; or
7.2.2. cancel the Contract and resell the Hospitality Package to a third party without liability to the Client.
8. Limitation of liability
8.1. The following provisions set out the entire liability of MBCH (including any liability for the acts or omissions of its employees) to the Client in respect of any breach of the Contract and any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the Contract.
8.2. Unless the Client is a Consumer, in which case none of the statutory rights are excluded, all warranties, conditions and other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.
8.3. Nothing in these conditions excludes or limits the liability of MBCH for death or personal injury caused by MBCH's negligence or fraud or fraudulent misrepresentation.
8.4. Subject to condition 8.3:
8.4.1. MBCH shall not be liable for any loss of profits, loss or damage to personal possessions, loss of business, loss of enjoyment, loss of opportunity, depletion of goodwill or similar losses or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; and
8.4.2. MBCH's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Total Cost of the Hospitality Package.
9.1. The Client will indemnify, and keep indemnified, MBCH against all direct and indirect actions, proceedings, liabilities, damages, losses, claims and costs, expenses, demands and proceedings whatsoever arising whether in contract, tort or otherwise, arising out of or in connection with a breach of its obligations in conditions 5 and 6 or any damage to the Venue it or its Guests cause.
10. Personal Data
10.1. The Client acknowledges and agrees that the personal data provided by the Client on the Booking Form are collected by MBCH and will be entered into a database owned by MBCH. The Client hereby consents to such personal data being used for the purposes of the organisation and running of the Event and for marketing and selling similar events in the future. MBCH shall be permitted to transfer such personal data to third parties and their respective agents, for the purposes set out above. Furthermore, provided the Client has specifically granted its consent in the Booking Form, such personal data can be used in order to provide the Client with information on products, services, commercial activities and events of other companies (as applicable).
11.1. ‘MBCH’, ‘Chase Bridge’, ‘The Wimbledon Club’ and names of Events are trading names of MBCH or licensed from third parties. Nothing in these terms operates to transfer or licence any right in or to those trademarks.
11.2. MBCH may charge the Client an administration fee of £50 for each change to the booking that the Client requests.
11.3. The Client is not an agent or partner of MBCH and has no authority to and will not make any representation nor give any warranties on behalf of, or in the name of MBCH nor incur or create any expense chargeable to, nor pledge the credit of MBCH;
11.4. Each party shall keep in strict confidence any confidential information (as understood generally by a normal business person) disclosed by one party to the other.
11.5. MBCH shall not be liable to the Client for any breach of its obligations under this the Contract if such breach is due to an act, event, omission or accident beyond its reasonable control.
11.6. A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
11.7. This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
11.8. Subject to clauses 8.2 and 8.3, each party acknowledges that, in entering into this Contract, it has not relied on, and shall have no right or remedy (other than for breach of contract) in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Contract.
11.9. The Client shall not, without the prior written consent of MBCH, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. MBCH may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
11.10. The Contract is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else except the Ticket provider.
11.11. Any notice required to be given pursuant to this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address of the other party.
11.12. The Contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.