These Terms and Conditions are made between the company person or organisation named on the relevant Event Booking Form (“you” ”yours”) and Champagne Tours London / VIP Hospitality Limited (“us” “we” “ours”).
- 1. CONFIRMATION OF BOOKING
- 1.1 Prior to our receipt of a signed Event Booking Form: (a) all bookings remain provisional and all dates and items are subject to availability; and (b) we may cancel any provisional booking without liability to you.
- 1.2 The Event Booking Form together with these Terms and Conditions shall take effect from the date of your signature and shall together comprise the entire agreement (“this agreement”) between you and us in relation to the booked event (“Event”) to the exclusion of any and all other terms or conditions which you seek to introduce or (so far as lawfully permissible) which might otherwise arise or be implied and supersedes and extinguishes any prior agreements undertakings or arrangements between us relating to the Event.
- 1.3 Written confirmation of the final numbers of guests must be given to us at least 5 days prior to the date of the Event. We will endeavour to accommodate any reasonable increases in the number of guests above the number stated on the Event Booking Form but this cannot be guaranteed. No reduction in charges payable can be made if the number of guests is reduced.
- 2 PAYMENT TERMS
- 2.1 Subject to any discounts or rebates agreed by us you agree to pay: (a) all pre-booked charges as stated in the Event Booking Form (“Pre-Booked Charges”) and all other charges incurred by you or with your authorisation at or relating to the Event for food drink facilities sundries or other goods or services chargeable at our list or notified prices (“Additional Event Charges”); or (b) in the event of cancellation of the Event the appropriate cancellation charges as set out in clause 3.3 (“Cancellation Charges”).
- 2.2 All amounts due are payable in full and without set-off deduction or counterclaim. All charges are stated inclusive of value added tax.
- 2.3 We reserve the right to charge interest at a daily rate on all unpaid sums from the due date for payment until payment in full is received whether before or after judgment at a rate of 5% per annum above the base lending rate of Barclays Bank plc (or its successor in title) from time to time.
- 2.4 Pre-Booked Charges: All Pre-Booked shall be payable in full in advance of the Event subject to receipt of invoice by the earlier of: (a) 14 days following the date of the Event Booking Form or (b) 14 days prior to the Event. We reserve the right to cancel the Event and charge the appropriate Cancellation Charge if such Pre-Booked Charges are not paid within these timescales.
- 2.5 Additional Event Charges: Where a Credit Card Authorisation Form has been completed all Additional Event Charges shall be charged against the relevant credit card on the day of the Event. In all other cases Additional Event Charges shall be invoiced to you within 5 working days of the Event and shall be payable by you within 14 days of the date of invoice.
- 2.6 At the end of the Event your nominated representative will be asked to authorise all charges incurred at the Event. Any account queries must be made within 7 days of the Event.
- 3. CANCELLATION
- 3.1 We may cancel your Event and this agreement with immediate effect and without additional liability to you on giving you written notice if: (a) any sum payable to us has not been paid in full by the due date for payment; (b) you have committed a material breach of these Terms and Conditions; or (c) you are unable to pay your debts as they fall due or you are dissolved or a resolution is passed or order made for your winding up or you enter into a composition or scheme of arrangement or a moratorium is agreed or imposed in respect of any of your debts or a receiver manager administrator or administrative receiver is appointed over any of your assets or you cease or threaten to cease carrying on business.
- 3.2 We may cancel or postpone the Event booking without additional liability to you on giving you written notice in the event of circumstances occurring or arising outside our reasonable control (as referred to in clause 5.1 below).
- 3.3 You may cancel an Event on notifying us in writing in advance subject to payment of the Cancellation Charge as follows: (a) notice of more than 90 days from Event – nil; (b) notice of between 31 and 90 days (inclusive) of Event – 50% of Pre-Booked Charges; (c) notice of between 8 and 30 days (inclusive) of Event – 75% of Pre-Booked Charges; and (d) notice of 7 days or less of Event – 100% of Pre-Booked Charges.
- 4. EVENT OBLIGATIONS
- 4.1 You shall comply with our security fire emergency health and safety and licensing requirements regulations and directions at all times. We reserve the right to refuse entry to or eject any guest at our sole discretion without liability to you. You shall comply at all times with our smoking policy. You shall comply with all licences permissions and consents relating to Champagne Tours.
- 4.2 You shall take all reasonable and proper care of the premises equipment and facilities at the Event. You shall promptly report to us any and all accidents or damage caused by you or your guests occurring to any fixtures fittings equipment facilities or property at the Event and you hereby indemnify us upon demand for all loss damage cost and expense arising in connection with the same save to the extent that such accident or damage is attributable to our negligence or wilful default.
- 4.3 We do not accept responsibility or liability for your or your guests’ personal property.
- 4.4 Save as agreed in advance with us you shall not carry out install or erect any advertising promotions endorsements decorations or equipment at the Event.
- 4.5 You agree that you are responsible and liable to us for all acts and omissions of your guests at the Event which shall be deemed to be your own acts and omissions for the purposes of this agreement.
- 5. LIABILITY
- 5.1 You agree that we shall not be liable to you for any failure or delay or for any loss relating in any way to the Event (including but not limited to the interruption cancellation or postponement of the Event) due to any circumstances outside our reasonable control including without limitation: breakdown of machinery, heavier than anticipated traffic, delays caused by accident(s), shortage of electricity or other utilities, flood or leakage, fire, explosion, strike, or labour dispute hostilities, storm lightning or other natural calamity building works or terrorism or threat of terrorism.
- 5.2 Nothing in these Terms and Conditions shall exclude or restrict either party’s liability to the other for fraudulent misrepresentation or for death or personal injury caused due to negligence. Subject to the foregoing we shall not be liable to you whether in contract tort (including without limitation negligence) or otherwise in respect of (a) any indirect consequential financial or economic loss damage costs or expense; (b) any loss (whether direct or indirect) of profits savings revenue goodwill reputation business opportunity or data; or (c) any personal injuries of guests whilst on board Champagne Tours; in all cases whatsoever or howsoever arising out of or in connection with the Event or this agreement.
- 5.3 Subject to clause 5.2 our total and aggregate liability to you under or in connection with the Event shall not exceed the total charges actually paid by you to us in respect of the Event.
- 6. GENERAL
- 6.1 You agree that we may hold any and all data on the Event Booking Form on our databases and systems to deal with any enquiries complaints and requests. We shall hold personal data (if any) in compliance with our obligations under the Data Protection Act 1998.
- 6.2 You may not assign transfer or sub-contract any of your rights or obligations under this agreement. The Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement.
- 6.3 No amendment to this agreement shall be valid unless in writing and signed by authorised representatives of both parties.
- 6.4 The rights and remedies of each party may only be waived in writing and specifically. Delay in exercising or non-exercise of any right or a partial exercise of any right under this agreement is not a waiver of that or any other right. Waiver of a breach of any term shall not operate as a waiver of breach of any other or subsequent term.
- 6.5 If any provision of this agreement is illegal invalid or unenforceable then that shall not affect the validity or enforceability of the other terms of this agreement and the parties shall negotiate in good faith to modify such provision so that (so far as possible) they achieve the same effect as would have been achieved by that provision had it been valid and enforceable.
- 6.6 You agree that you have not been induced to enter this agreement or relied upon any representation warranty undertaking or assurance of us save as expressly contained in this agreement; provided that nothing in this agreement shall exclude or restrict liability for fraud.
- 6.7 Notices under this agreement shall not be valid unless served by hand delivery or by pre-paid first class post but not fax or email. Notices shall be deemed to have been served: (a) in the case of hand delivery on the date of delivery; and (b) in the case of delivery by post two business days after posting (exclusive of the day of posting).
- 6.8 This agreement shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction.
- 7. MORE SPECIFIC
- 7.1 Please be aware any monies paid to VIP Hospitality Ltd on behalf of Champagne Tours are non-refundable, this includes deposits and full and final payments. If making payment by Credit Card there is a 3.5% handling feed, this will be added to your booking.
- 7.2 If any private hire final payment is not made on or before the 14 day deadline Champagne Tours reserve the right to cancel the booking and no refund will be given as your booking will be considered cancelled.
- 7.3 Champagne Tours reserve the right to terminate or cancel your booking, if any of the passengers on board cause damage, distress or in danger other passengers or staff with no monetary refunds being made.
- 7.4 Bookings unless agreed in writing before the date of hire, may use the vehicle for other hires during the time that it is not being used on the bookies hire.
- 7.5 Champagne Tours reserve the right to withdraw the vehicle if it has not been boarded 20 minutes after the agreed departure time with no monetary refunds being made.
- 7.6 Extended length of hire for whatever reason caused from the bookies’ group will carry an additional flat fee surcharge of £300, and £250 an hour from there. If a delay causes another prebooked event(s) to be cancelled you will be liable to pay the full cost of the additional event(s)
- 7.7 Champagne Tours does not guarantee to complete journeys within a specified time and it will not accept liability for any inconvenience caused or loss caused from delays however caused except in a case with Champagne Tours have been negligent.
- 7.8 Champagne Tours takes reasonable steps to ensure the safety of its clients but accepts no responsibility for any loss, damage, injury, death or inconvenience arising from an accident, breakdown or delay to the vehicle. Champagne Tours insist that passengers should remain seated whilst the vehicle is moving. Any passengers standing do so at their own risk and neither Champagne Tours nor VIP Hospitality Ltd will not be held liable for any injuries, death or any other loss caused by these actions.
- 7.9 Any personal belongings or valuables left on the vehicle(s) at any time by any passengers are so left at the owners risk. Champagne Tours will not be held responsible for any loss or damaged belongings.
- 7.10 You the bookie are liable to pay for any damage to the vehicle interior, or exterior caused by the passengers, or bystanders.
- 7.11 No passengers are to eat or smoke on the vehicle at any time. If they do so Champagne Tours may seek up to £200 as a one off fee for any cleaning or inconvenience incurred.
- 7.12 If Champagne Tours or VIP Hospitality Ltd were to suffer any financial loss due to your passengers neglect or default; you as the bookie agree to pay the costs to Champagne Tours (VIP Hospitality Ltd) in addition to the agreed hire cost.
- 7.13 Complaints must be received in writing within 48 hours of the cessation of your booking period. Champagne Tours with then endeavour to respond within a 14 day period.
- 7.14 On signing and returning your booking form to Champagne Tours you and your passengers agree to the Terms & Conditions. Should the booking form not be returned within 72 hours of sending, it shall be taken that the Terms & Conditions are agreed.
- 7.15 Any additional parking, tolls or other incurred costs will be the responsibility of you the bookie. Any parking tickets that are issued to – Champagne Tours, VIP Hospitality Ltd or any of the other vehicles used for your hire, that we incur whilst delivering our service as per your instruction throughout the hire, however caused, except where Champagne Tours have been negligent, will be liable to the person/s of whom booked the hire..
- 7.16 Any photos, videos or other media taken on board by Champagne Tours London can be used for promotion and marketing material without the consent of the individuals in the material. There will be no monetary payment made to any individuals and Champagne Tours London reserve the right to display this material on any / all platforms, be it print, digital or others.
NB. Please note Champagne Tours London and / or VIP Hospitality Ltd reserve the right to add to, modify or amend these terms and conditions at any time.
Amended: 12.03.2020