Creative Travel & Event Management
General Terms & Conditions of Operation for Corporate Clients
(Subject to which all bookings are accepted)
|When we have jointly finalised (as far as we are able to at the relevant time) the details of all the travel, accommodation and other associated arrangements, which we will be arranging for you (the "Services"), we will send you our standard Letter of Agreement (the "LOA"), which incorporates these Booking Conditions. You should sign and return this to us. However even if it is not signed or returned by you, you will be deemed to have accepted the terms of the LOA by proceeding with the Services or sending us money in connection with the Services. This LOA will apply to all the Services arranged for everybody travelling or participating in them (the "Delegates").|
|a||The LOA sets out the price of the Services (the "Price") and the assumptions on which the price is calculated. Failure to make payment by the specified times shall entitle us (at our sole discretion) to withdraw from the LOA without penalty and treat such failure as a cancellation by you. After the Services have been completed we will invoice you for all the charges and costs actually incurred, less all sums received to date. In addition where we provide consultancy, creative, promotional, management or other services not set out in the LOA, all costs and charges of third parties are incurred on your behalf and for your account.|
|b||If you have any queries on any invoice (s), they must be raised within 28 days after the date of the relevant invoice. Please note that we shall be entitled to charge you interest on any payment, which is not received by us on the due date. This will be calculated on a daily basis at the rate of 3% per annum above the prevailing base rate of our bankers from the date upon which payment was due until the date of payment.|
|c||We reserve the right not to provide any Services or pay any suppliers until you have paid us sufficient funds to meet such expenses and we will not be liable for any matters arising out of any delay by you in payment.|
|d||Upon acceptance by the client of the programme the client shall pay to the Company a deposit of 35% of the estimated total programme cost; such deposit to be used in whole or part for the purpose of paying deposits required by any suppliers of services connected with the programme operation.|
|e||The balance of the estimated programme cost will be invoiced to the client within 60 days of commencement of the travel programme and the client shall pay the same within 10 days from the receipt of invoice.|
|f||Charter transport charges shall be paid by the client in accordance with the charter contract entered into by the Company on the client's behalf, with the appropriate carrier if payment becomes due earlier than the date upon payment would otherwise become due under paragraph (e).|
|g||Any services supplied by the company or arranged by the Company on behalf of the client which were not included in the final invoices, will be surcharged at 15% to cover administrative expenses. If the actual programme cost, including any authorised additional expenses, shall be less than the estimated total programme cost then a credit note shall be issued to the client at the conclusion of the travel programme. Any balance due from the client to the Company in respect of the final invoice or any sum due from the Company to the client in respect of the credit note shall be paid within 10 days of the receipt of the invoice or the credit note, whichever the case may be.|
|a||The calculation of the Price is based on a number of factors, including the number of Delegates, the time of the year during which the conference or event is held, the travel arrangements, the standard of accommodation, the meals and bar facilities to be provided, any trips or excursions arranged, any other services which we agree to provide to you, the details and assumptions referred to in the LOA and the cost of the matters referred to in Condition 3(b) below at the time of the LOA. We realise, however, that your requirements may change from time to time, sometimes at short notice and these will constitute a change of, or addition to, the terms of the LOA by you (and so do not give rise to any right for you to cancel without penalty). We will do what we reasonably can to carry out any changes in, or additions to, your requirements (including the items referred to above) but we must reserve the right at any time to pass on all the costs of such charges and our arranging them for you by charging you for these and to levy the alteration charge set out in the LOA as an administration fee.|
|b||We may revise the Price upwards or downwards solely to allow for variations in:|
|4||Alterations and Cancellations|
|a||Please note that the itinerary is based on current schedules and may have to be amended to reflect any schedule changes; wherever possible, we will notify you of any changes before departure However, this is totally out of our control and so any cancellation by you as a result will give rise to the cancellation charges referred to below.|
|b||If you wish to make any alteration (whether to any of the matters referred to in Condition 3(a) above, or otherwise) or if you wish to cancel the Services, you must inform us of this in writing as soon as possible. We cannot guarantee to fulfil any request for alterations. Any alterations made will incur the alteration charges referred to in the LOA and these Booking Conditions.|
|c||The cancellation charges set out in the LOA apply if you cancel the Services and the attrition charges set out in the LOA apply if the number of Delegates decreases in the manner referred to in the LOA. These charges, and any alteration charges, are calculated to compensate us for the expenses and losses, which we incur as a result of your cancellation or changed requirements. In addition you must indemnify us against any claims made against us by third parties (including Delegates) and any liability, loss, damage or expense suffered or incurred by us arising out of any cancellation, alteration or failure by you to take up the Services.|
|d||Any cancellation charges payable to a transportation carrier will be in accordance with the charter contract entered into by the Company on the client's behalf with the appropriate carrier and in the case of scheduled transport in accordance with the regulations in force at the time of travel. Liability for cancellation charges in respect of hotels and other services will also be in accordance with the regulations imposed or stipulated by the operators concerned.
In the event of any cancellation, in full or in part, the Company on behalf of the client will attempt to minimise any penalties payable by the client. The charges are dependent on the time prior to departure within which advice of cancellation is received.
42 days 35% of total price
29-42 days 55% of total price
15-28 days 75% of total price
07-14 days 90% of total price
01-06 days 100% of total price
No Show 100% no refund
If the cancellation charges payable by the client shall exceed the amount paid by the client to the Company, then the client shall pay the balances to the Company within ten days from receipt of the invoice.
|e||Any transfer of a booking that may be legally allowed must be made to a person nominated by you who is able and willing to purchase all the Services and to comply in every way with the LOA and these Booking Conditions. You must tell us of the proposed transfer at least 7 days before the due date of departure; transfers may be refused after this. Where we approve the transfer of your booking, both you and the person to whom it is transferred will be individually and jointly liable to pay us the outstanding Price (or relevant part of it), together with any additional costs we incur in effecting the transfer or which otherwise arise from it.|
|a||You may wish to make your own arrangements for insurance for all Delegates to cover, amongst other things, the cost of cancellation by you and the cost of assistance, including repatriation, in the event of accident or illness. However, unless you notify us that you will be doing so in writing within one month after approving the proposal setting out the Services (or, in cases where the Services are due to start less than one month after approving the proposal, at the same time as agreeing the proposal), we shall be entitled to proceed with arranging such travel insurance for you and charge you the cost of so doing.|
|b||If you are arranging your own insurance for Delegates you must notify us in writing at least 7 days before the due departure date that you have made the necessary arrangements. Otherwise you must provide us with a Delegate list at least 7 days before the due departure date so that we can try to arrange cover for you; if you do not, or if any Delegates do not satisfy the applicable conditions, it may be impossible to effect cover and we will not be liable for any failure to do so.|
|c||Any insurance will, of course, be subject to the conditions, exclusions and limitations in the policy and it is your responsibility to ensure that all Delegates meet the conditions and have appropriate cover. The name and address of the insurer used by us and the cost is set out in the LOA. We must make it clear, however, that the terms of your insurance policy will not form part of our contract with you or the Services in any way.|
|a||We request that all hotels that we use in the EU comply with the laws of the relevant Member State. Any travel, accommodation and other services are carried out subject to the supplier's conditions of carriage, supply or contract.|
|b||We accept responsibility for the acts and/or omissions of our employees, agents, sub-contractors and suppliers and accept responsibility (other than for liability for death, bodily injury or illness) should the services prove deficient or are not of reasonable standards. We also accept responsibility for death, bodily injury or illness resulting from the negligent acts and/or omissions of our employees, agents, suppliers and our suppliers' sub-contractors, servants and/or agents whilst acting in the scope or course of their employment (other than air and sea carriers performing any kind of carriage).|
|c||Where we are liable for non-performance or improper performance by air, sea or rail carriers or hoteliers, our liability is limited to the amount you or the relevant Delegates can validly recover against such carrier or hotelier either under any domestic law (including the laws of the United Kingdom), or under the international conventions, which govern such services.|
|d||We will not be liable for any failure to supply services as a result (either directly or indirectly) of your failure to provide us with correct or complete instructions. Subject to the limitations of liability set out above, our liability to you and your Delegates, for any loss or damage (other than personal injury resulting from the non performance or improper performance of the Services) which you may suffer is limited to a total amount equivalent to the amount of the Price received by us at the time the claim is made.|
|e||We do not accept liability for any claim (other than claims for personal injury arising from the non-performance or improper performance of any Services) in contract, tort (including negligence) or otherwise for consequential, economic or indirect loss or damage. Nothing in these Booking Conditions affects your or the delegates' statutory rights. This also does not affect any rights you may have arising out of any misleading statement made by us or any contractual duty on us to exercise care and skill in arranging the Services.|
|f||We shall not be liable where the failure to perform or improper performance is due to:|
|g||Please note that where the cause of your loss, damage or injury is due to our clients, suppliers or sub-contractors or our suppliers' sub-contractors, servants and/or agents, our acceptance of liability is subject to you assigning to us your rights against them and to your co-operating with us in any legal action we may take against them.|
|7||Minimum Number of Delegates|
|a||(a) We have set out the required minimum number of Delegates in the LOA. When we accept your booking, we do so on that basis that you will notify us as soon as possible (and, in any event, at least 48 hours before the deadline for cancellation in these circumstances referred to in the LOA) of any changes or proposed changes in the numbers and that, should the numbers fall below this minimum, we shall have the right at our sole discretion either to cancel (without paying any compensation to you), treat it as an alteration under Condition 3 (a) and levy the cancellation or alteration charges set out in the LOA or charge you the attrition charges set out in the LOA.|
|b||The client shall deliver to the Company complete passenger / rooming lists and scheduled transport requirements, if applicable, at least 5 weeks prior to departure date, plus any other information necessary for the efficient operation of this programme by mutually agreed and established dates.|
|You must inform us in writing of any special requests (for example, special facilities for disabled people) which you or any of the delegates may have so that we are able to make arrangements, as far as reasonably possible, to cater for them. However, we cannot guarantee that we will be able to cater for them but, where we can, they will be set out in the LOA.|
|9||Passport, Visa and Health Formalities|
|a||By signing the LOA you confirm receipt of the general information provided by us to you about the passport and visa requirements for British passport holders to your intended destination (including information about the length of time it is likely to obtain these), information about health formalities required for the journey and the stay and information about the arrangements we have taken out for the security of money paid over and the repatriation of Delegates in the event of our insolvency.|
|b||It is your responsibility to ensure that all Delegates hold a valid passport, obtain the necessary visas well in advance of the intended journey and comply with the country's health formalities before entry.|
|10||Communication of Information|
|Unless otherwise agreed by us, all communications with you will be sent to the person (or main person) who has arranged the Services with us. This includes the information referred to in Condition 9, information about travel arrangements, contact details during the stay, our recommended insurance and any other legally required or other information sent to you. It is your responsibility to ensure that all Delegates receive a copy of all such information and communications within any required time limits and you must fully indemnify us for any failure to do so.|
|Except where otherwise required by law or specifically authorised in writing by the other, we each agree that we shall not disclose, use or copy any information of a confidential or proprietary nature relating to the other to any person (other than our suppliers or employees, agents or representatives who need to know such information for the due performance of the Services). Such information shall include, without limitation, all proposals, estimates, creative work, research, documentation and advice relating to the Services prepared by us. You acknowledge and agree that all copyright and intellectual property rights whatsoever in or connected with all proposals, estimates, creative work, research, documentation and advice and all matters prepared or created by us relating to the Services are and will at all times remain vested in us.|
|Where your transport happens to be delayed the carrier will do its best to minimise inconvenience and, wherever possible, will provide meals or a snack as appropriate. It may also pay you compensation where provided for in its conditions of carriage. Your insurance may also give you compensation.|
|a||Any complaints about the Services must be communicated to the supplier of the particular services concerned and to us (if possible through our local representative), at the earliest opportunity in writing or in any other appropriate form, specifying any failure which you perceive at the place where the services concerned are supplied. It is your responsibility to ensure Delegates do so. The problem can then be investigated thoroughly and we can see what can be done to resolve it. If we or the supplier are unable to deal with your problem or complaint, you must write to us within 28 days of your return to our address shown on the LOA. Our ability to investigate any complaint would be seriously hampered if we are not informed about it immediately upon your return. Should that prove to be the case, we reserve the right to reject your complaint.|
|b||Any disputes that may happen to arise between us which cannot be amicably settled may, if you wish, be referred to arbitration under a special scheme administered by the Chartered Institute of Arbitrators. This scheme (details of which will be supplied to you on request) provides for a simple and inexpensive method of arbitration based on documents alone with restricted liability for you to pay costs. This scheme does not apply to claims for any amount greater than £1,500 per person or £7,500 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the scheme provide that the application for arbitration must be made within nine months of the date of your return, but in special circumstances it may be offered outside this period.|
|a||Please note that if any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected but will remain valid and enforceable.|
|b||The LOA and these Booking Conditions set out the entire agreement between us and supersede and prevail over all other documents, understandings, terms or arrangements (including any terms and conditions on which you customarily trade). No amendment or variation shall be effective unless in writing and signed by each of us.|
|c||These Booking Conditions shall be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.|
|If someone in authority such as the Captain or Pilot believes that you are not fit to travel, he/she may refuse to allow you onto the aircraft, train or ship. This will normally happen if they think you are likely to disturb / harm other passengers. In this case, your contract with us will end immediately and we will no longer be responsible for you.
Additionally, if your behaviour is such that the hotelier feels unable to accommodate you, you may be asked to leave the hotel. In this instance, no refund for lost nights accommodation will be made and the cost of any other accommodation or travel expenses will be entirely your responsibility. We will also hold members of your party jointly and individually liable for any damage to the property, together with legal costs incurred in pursuing the claim. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your arrangements or with us.
|16||Your Financial Protection|
|When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.