Motown, Great Gatsby & Skyball Shared Christmas Party Terms 2022

 

PART C: TERMS AND CONDITIONS

(VERSION: SHD)

Your attention is particularly drawn to the provisions of Clause 16

1.                Interpretation

1.1.                Definitions. In these terms and conditions (Terms) the following definitions apply:

Additional Charges

any costs not covered by the Event Price or Extras, as set out in the Contract, or as otherwise agreed in writing, which shall be paid to the Company by the Client in accordance with Clause 12.

Booking Summary

the summary of key information about your Event including the name of the Event you are booking, the Event Date and the Event Price.

Client, you, your

the individual, business, entity or body corporate as set out in the Booking Form who books an Event.

Company, we, us

West End Events Limited (Company No. 03007971) whose Registered Office is at Kintyre House, 70 High Street, Fareham, Hampshire, PO16 7BB.

Contract

the contract between you and us for the Event which incorporates these Terms, the Booking Summary, the Booking Form and the Function Sheet.

Function Sheet

The function sheet to be completed in accordance with Clause 4.

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures

as defined in the Data Protection Legislation.

Data Protection Legislation

the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).

Deposit

 

the deposit set out in the Booking Form which shall be paid to the Company by the Client in accordance with Clauses 2.5 and 13.

Event

the event detailed on the Booking Summary, to be held at the Venue on the Event Date.

Event Date

the date and times the Event is to take place as set out in the Booking Summary.

Event Price

the total price for the Event, as set out in the Booking Summary, which shall be paid to the Company by the Client in accordance with Clause 12.

Extras

 

Any additional Guests or any item not set out in the Booking Summary at the time of Booking but subsequently requested by you, which shall be paid for by the Client in accordance with Clause 12

Final Number

the final number of Guests confirmed as attending the Event by you in accordance with Clause 4.3.2.

Guests

the invitees of the Client attending the Event.

Package

the package of items that is provided at the Event, as set out in the Contract.

Room

the room(s) provided at the Venue for the Event.

Ticket Price

the price of the Package, per Guest and as shown on the Booking Summary

UK Data Protection Legislation

all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Venue

as set out in the Booking Summary.

 

 

1.2.                Construction. In these Terms, the following rules apply:

1.2.1.   A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2.   A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.2.3.   A reference to writing or written includes e-mails.

2.                how to book your event

2.1.                If you would like to book an Event, you should submit an enquiry via our website, over the phone or email (each a Booking Request) setting out your Event requirements.

2.2.                Following receipt of your Booking Request we will send a draft Contract to you setting out the details of your Booking Request. Please note that this does not mean that your Booking Request has been accepted. Our acceptance of your Booking Request will take place as described in Clause 2.4.

2.3.                Upon receipt of the draft Contract, please check that the details are correct and let us know immediately if anything is wrong. Once you have checked the details, and if you wish to proceed, you should sign, date and return the Contract to us.

2.4.                Once we have received your signed Contract, we will re-confirm availability, sign, date and return the Contract to you. At that point your Booking Request is accepted (your Booking). The Contract will become binding between us on this date (Commencement Date).

2.5.                You must pay the Deposit within 72 hours of the Commencement Date. Unless otherwise agreed by us in writing, if you do not pay the Deposit within 72 hours of the Commencement Date, we may treat the Booking as having been cancelled by you and reserve the right to re-sell your places at the Event and invoice you for the cancellation charges.

2.6.                The Deposit is non-refundable.

2.7.                At our discretion, we may provisionally hold places for an Event, but no contract shall come into force until we accept a Booking Request in accordance with Clause 2.4.

2.8.                In the event that you terminate the Contract, to cover the costs incurred by us in arranging your Booking up to the date of your termination and to compensate us for the risk that it may not be able to resell your places at the Event, we may make a cancellation charge on the scale shown in Clause 14 below. The Client is responsible for paying these charges. The cancellation charges shall apply if even if you have not paid the Deposit.

3.                Other Booking Terms

3.1.                These Terms apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3.2.                If you are a consumer, by placing the Booking, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.

3.3.                If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you submit a Booking.

3.4.                Any statements, descriptive matter or advertising issued by us or the Venue and any descriptions, floor plans or room layouts of the Venue on the Company’s or Venue’s website are published for the sole purpose of giving an approximate idea of the Venue and Room(s) described in them. They shall not form part of the Contract or have any contractual force.

3.5.                Any quotation given by us shall not constitute an offer and may be withdrawn by us at any time.

4.                details for your event and the function sheet

4.1.                Details relevant to your Booking must be submitted, and any Extras requested, as follows:

4.2.                You may request Extras (not set out in the Booking Summary) at any time 42 days prior to the Event Date, however, we cannot guarantee their availability and shall not be liable if they are not available after your Booking has been made. Any such requests should be made in writing and, if accepted by us, added by us to your Booking Summary. If you have not received an updated Booking Summary your request may not have been received or accepted so please contact us to check.

4.3.                Unless otherwise agreed by us in writing, no later than 42 days prior to the Event Date, the Client shall submit the final Function Sheet to the Company. As a minimum requirement, you must provide the following information on the Function Sheet:

4.3.1.    full details of the nature your Booking;

4.3.2.    guaranteed Final Numbers for your Booking;

4.3.3.    menu choices and drinks orders;

4.3.4.    the names of the Guests and third parties;

4.3.5.    any special dietary requirements for any Guests (including the number of vegetarian options and special requests). We will allocate, at our discretion, the standard (non-vegetarian/special dietary) option unless otherwise agreed;

4.3.6.    and any other information required by the Company.

If the Booking is made during the 56 days prior to the Event Date, you must submit the Function Sheet by the date we notify to you.

4.4.                The Function Sheet may, where applicable, include special requests from the Client; for instance, a particular table layout, early access to the venue for the organiser etc., however, you acknowledge that such requests are at the discretion of the Company and the Venue and are not legally binding. We shall not have any liability for failure to provide special requests.

4.5.                If the Client seeks to make any changes to the Booking less than 42 days prior to the Event Date, each such change shall be requested in writing by the Client and the Company may at its absolute discretion choose whether to agree such changes.

4.6.                You must use the Function Sheet provided to you without editing its structure or layout. We will not accept hand-written or scanned copies or your own version of the Function Sheet.

5.                Food & drink

5.1.                Drinks purchased at the Venue during the Event will be charged at the Venue’s then standard rate and any rates that may have been offered by us prior to the Event Date shall not apply.

5.2.                From time to time, we may provide wine lists, sample menus and bar menus for the Venue. These are a guide only and we do not guarantee that such food and drink items will be available at the Event. Availability and prices are subject to change at the discretion of the Venue. If you wish to guarantee a particular wine or beverage, please notify us 42 days before the Event and we will use our reasonable endeavors to order this in advance.

5.3.                During the Event, each Guest is responsible for:

5.3.1.    notifying the Venue of any food allergies; and

5.3.2.    checking that the food option served to them at the Event is the food option selected by them and as notified to us in accordance with Clause 4.3.5. The Company shall not have any liability for failure by a Guest to notify the Venue that they have not been served their menu choice.

5.4.                If during the Event you or your Guests request drinks, extra food etc. directly from the Venue you shall be solely liable for the payment of such additional items and shall pay all such costs invoiced by the Venue.

5.5.                If, prior to the Event, we have set up a drinks tab with the Venue on your behalf you are responsible for:

5.5.1.    Payment in full of such tab;

5.5.2.    raising and resolving any dispute relating to the tab directly with the Venue.

6.                provision of the event

6.1.                If we need to make significant changes to the Event including a change to the Venue, we will notify you in writing and we shall use reasonable endeavours to offer you alternative comparable facilities. Where this means a change in the total Event Price, we will also notify you of the amended Event Price in writing. You can choose to accept the alternative facilities and any change in the total Event Price or cancel the Contract (without penalty). The Company shall not have any liability to you for any losses or costs which you may incur due to cancellation by us but shall refund any Event Price paid by you up to the date of your termination.

6.2.                We reserve the right to change or make substitutions where necessary to the entertainment, decoration or other items at the Event. Where you have booked a private party, we will offer you a choice of a substitution for such items or a refund of that part of the Event Price for such items. At a shared event, our decision is final.

6.3.                PUBLICITY:

6.3.1.    Before and during the Event you and your Guests may be photographed. Photographs taken at Events may be used in publicity and marketing materials, including use on our website. You and your Guests are deemed not to object to the taking of such photographs and acknowledge that no payment or compensation will be offered. If you or Guests do not wish to be included in any photograph, please notify the photographer at the relevant Event prior to the photographs being taken.

6.3.2.    The Company may refer to or use your name in its advertising and publicity.

6.4.                The Client may not use or copy the name and / or logo of the Venue or the Company in any publicity or marketing by the Client without the Company’s prior written consent.

7.                SHARED EVENTS

7.1.                We cannot guarantee the number of guests at any shared event. If the Venue is not full you are not entitled to a refund due to lack of ambience.

7.2.                We may cancel your Event if the minimum number of guests required for the shared event is not reached. If we have to cancel your Event for the reason set out in this Clause 8.2, we will notify you as soon as possible and we will offer you the choice of:

7.2.1.    having a refund of all monies paid to us by you; or

7.2.2.   subject to availability, accepting an offer of an alternative Event Date or Venue (we will refund any price difference if the alternative is of a lower value).   

8.                tickets, wristbands and tokens

8.1.                If you or any Guest loses their tickets, all-inclusive wristbands or tokens prior to or during the Event, we shall not have any liability to you for such and reserve the right to refuse admission without a valid ticket. You shall be liable to pay for all drinks where no valid wristband or token is presented.

9.                use of the venue and conduct during the event

9.1.                Any floor plan or Room layouts are for illustration purposes only and are subject to change depending on Guest numbers and operational reasons.

9.2.                You shall adhere to the guidelines issued by the Venue owner and will ensure that, unless previously agreed to in writing by the Company:

9.2.1.    nothing is affixed to or painted on the floors, walls, ceilings or columns of the Venue, or any other part of the Venue, by nails, screws, tape, drawing pins or other means, or suspended from the roofs or ceilings thereof;

9.2.2.    the decor in the Venue or Room is not removed or screened.

9.3.                You shall not cause or allow any damage to be done to the Venue or to any fixtures, fittings, equipment or other property in it. You shall be liable for any loss or damage which you or your Guests may cause to the Venue or Rooms and shall make good forthwith and pay for any damage arising in any way from hiring however such damage is caused and by whomsoever it is caused.

9.4.                You may not sell tickets for the Event for any profit or gain or for business purposes – except that you may sell them to your owns employees.

9.5.                You shall not carry out and shall not allow any of the following activities to take place during the Event:

9.5.1.    the sale of any goods or services (other than by us or agreed to by us in writing); or

9.5.2.    causing any nuisance, disturbance or disruption; or

9.5.3.    any illegal activities.

10.             client’s obligations

10.1.             You shall:

10.1.1. provide to us all information as we may reasonably request pertaining to the Event;

10.1.2. ensure that the information provided at the time of Booking, in the Booking Summary, on the Booking Form, in the Function Sheet and pursuant to Clause 10.1.1  is complete and accurate and notify us immediately of any changes to such information prior to the Event Date;

10.1.3. comply with all housekeeping rules, and all rules and regulations, procedures and policies (including policies as to behaviour and conduct) provided or notified to you by us, the owner of the Venue or any local authority that may be in place at the Venue from time to time including any policies relating to Guests numbers and noise levels;

10.1.4. comply with all licenses, including but not limited to any liquor licenses granted in connection with the Event;

10.1.5. comply with the Special Terms set out in the Booking Form;

10.1.6. ensure that Guests are ready to start the Event promptly at the Start Time and comply with any other timings published by the Company or agreed in writing between you and the Company. The Company shall not be liable to you or your Guests if you arrive at the Event late or fail to comply with any agreed schedules.

10.1.7. ensure that you and all Guests leave the Venue by the Finish time. You shall reimburse to us any charges, costs or other fines imposed by the Venue for any failure by you or your Guests to leave the Venue at the Finish Time;

10.1.8. report all accidents to the Venue’s duty manager.

10.2.             If you or any Guest has a disability or medical condition that requires special arrangements to be made at the Venue you must notify us at the time of your Booking Request and in any event prior to making your Booking so that we can confirm any access or other requirements with the Venue. You must ensure that any such requirements are noted on the Function Sheet.If you become ill or are injured during the event, we will not make any payment if your injury or illness was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if you or your Guest’s illness or injury was due to actions or omissions of a Guest.

10.3.             Where any additional licence approvals or consents are necessary in respect of your use of the Venue, then, we shall notify you of these and unless otherwise agreed, you will be solely responsible for obtaining these at your own expense and must produce such licence and consents to us prior to the Event Date.

10.4.             You agree on your own behalf and on behalf of each and every Guest:

10.4.1. that the opinion of the Company is final in regard to matters of safety at the Event;

10.4.2. to comply with any request or order made by the Company in the interests of safety howsoever expressed;

10.4.3. to comply with any reasonable instruction given by us for any other reason.

10.5.             The Client shall indemnify the Company from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Company resulting from a breach of the Contract by the Client including any act, neglect or default of the Client, its officers, servants, agents or Guests and breaches in respect of any matter arising from the Event resulting in any successful claim by any third party.

11.             COMPANY’S rights and AUTHORITY during an EVENT

11.1.             The Company reserves the right to request any Guest to leave the Event if in our or the Venue’s opinion the Guest is behaving in a dangerous, unreasonable or disruptive manner. In such circumstances, you agree to procure that such request will be complied with by each Guest and confirm that in such circumstances we will be under no liability to you or the Guest in respect of any refund of the Event Price or compensation for any costs or damage which may be incurred by you or the Guest.

11.2.             In the event of inappropriate behavior by Guests, suppliers and performers retain the right to stop their performance if required during the Event and we shall not have any liability to you.

12.             Charges and payment

12.1.             The Client shall pay the following to the Company:

12.1.1. The Deposit in accordance with Clause 2.5;

12.1.2. The balance of the Event Price less the Deposit, in accordance with the payment schedule on the Booking Form;

12.1.3. All Additional Charges and costs of any Extras , in accordance with any payment schedule agreed with you. In the absence of specific payment terms having been agreed for these items, the payment on schedule on the Booking Form shall apply; and

12.1.4. Any incidental costs or charges relating to the Booking and the Event (including but not limited to charges incurred on the Event Date for goods and services provided at the request of the Client or any person purporting to act on behalf of the Client) ,on receipt of the Company’s invoice and in any event within 21 days of the end of the Event.

12.1.5. Any damages, on receipt of the Company’s invoice and in any event within 21 days of the end of the Event.

12.2.             Bookings confirmed within 42 days of the Event Date are to be paid in full at the time of confirmation.

12.3.             The Event Price is calculated as stated on the Booking Summary. You guarantee that the number of Guests on the Booking Summary will attend the Event and we have calculated the Event Price on this basis. The amount payable by you will be calculated according to the highest of:

12.3.1. the number of Guests on the Booking Summary; or

12.3.2. the Final Number.

12.4.             Time for payment shall be of the essence. This means that if you do not pay us the Deposit, the Event Price or other sums due to us when due, we may terminate the Contract with immediate effect.

12.5.             Payment may be made by BACS, or on production of a valid credit card, the details of which must be provided at the time of Booking. All payments made by credit card will be subject to a 3% surcharge.

12.6.             We do not accept payment by cheque and credit is not available.

12.7.             All amounts payable by you under the Contract are exclusive of VAT.

12.8.             If you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per cent per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

12.9.             You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by us to the Client.

13.              CANCELLATION BY THE CLIENT

13.1.             You may cancel the Contract at any time prior to the Event by notifying us. All cancellations must be confirmed to us in writing and will be held as effective from the date of receipt by us of the written cancellation.

13.2.             To cover the costs incurred by us in arranging the Event up to the date of your termination and to compensate us for the risk that we may not be able to resell the Event, we may make a cancellation charge on the scale shown below. You are responsible for paying these charges.

Period Before the Event Date When Notice Of Cancellation Is Received

Percentage Of Event Price

42 days or more

Loss of Deposit

41 days or less

100%

 

13.3.             The cost of any Additional Charges or Extras that are non-refundable, in part or in full, will be added to the cancellation charge.

13.4.             The cancellation charges will be confirmed to you following receipt of your written notice to cancel.

13.5.             Any cancellation charge due to us shall be paid within 7 days of the date set out in the cancellation invoice sent to the Client.

14.             CANCELLATION BY THE company

14.1.             The Company may be prevented from carrying out its obligations under the Contract in relation to an Event by circumstances beyond the Company’s reasonable control including, but not limited to:

14.1.1. an event of Force Majeure;

14.1.2. the landlord of the Venue terminates the lease;

14.1.3. an act or omission of the Venue;

14.1.4. cancellation by the Venue;

14.1.5. any part of the Venue is closed or unable to operate for any reason beyond the Company’s control;

14.1.6. if the Venue advises us that the Event shall or is likely to damage their reputation,

in which case we shall notify you in writing of, and the reasons for, such cancellation.

14.2.             If the Company is prevented from carrying out its obligations as described in Clause 14.1 above, then the Company’s liability to the Client shall be limited to the amounts already paid by the Client to the Company at the time of the cancellation.

14.3.             The Company shall be entitled to cancel the Event at any time prior to or during the Event:

14.3.1. if you fail to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment.

14.3.2. if you are in breach of any of these Terms;

14.4.             If you or any Guests fail to attend the Event and you have not given us prior notice then you shall not be entitled to any refund or credit note or otherwise pursuant to the Company’s cancellation policy.

15.             data protection

15.1.             Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 15.1 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this Clause 15, Applicable Laws means (for so long as and to the extent that they apply to us) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

15.2.             The parties acknowledge that for the purposes of the Data Protection Legislation, we are the Controller and you are the Processor.

15.3.             Without prejudice to the generality of Clause 15.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of the Contract.

15.4.             The Company shall process Personal Data in accordance with its privacy policy https://westendevents.co.uk/privacy-policy/. You consent to us processing Personal Data relating to you and your Guests for legal and administrative purposes. The Company will use the personal information provided by you to:

15.4.1. provide the Event;

15.4.2. process your payment for the Event; and

15.4.3. inform you about other services we provide, but you may stop receiving these at any time by contacting us.

15.5.             The Company may make such information available to regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Company.

16.             Limitation of liability: THE Client’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

16.1.             Nothing in these Terms shall limit or exclude the liability of either party for:

16.1.1. death or personal injury resulting from negligence;

16.1.2. fraud or fraudulent misrepresentation; or

16.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

16.2.             This Clause 16.2 only applies if you are a business customer: Subject to Clause 16.1, the Company shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

16.2.1. any loss of profits, sales, business, or revenue;

16.2.2. loss of business opportunity;

16.2.3. loss of anticipated savings;

16.2.4. loss of goodwill; or

16.2.5. any indirect or consequential loss.

16.3.             This Clause 16.3 only applies if you are a business customer: Subject to Clause 16.1:

16.3.1. the Company’s total liability to you in respect of all other losses arising under or in connection with the Event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the Event Price paid by you in accordance with the Contract.

16.3.2. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

16.4.             This Clause 16.4 only applies if you are a consumer: Subject to Clause 16.1 if we fail to comply with these Terms, you are responsible for loss or damage you suffer that is a foreseeable result of the Company’s breach of these Terms or its negligence. The Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Company’s breach or if they were contemplated by you and us at the time we entered into the Contract.

16.5.             Subject to Clause 16.1, we do not accept any responsibility for the property or personal belongings of Clients or Guests. Guests shall be required to keep their personal belongings with them at all times during the Event and we accept no liability for damage to, or loss of, property or personal belongings save for any damage caused by the Company’s negligence in which circumstances Clause 16.3 shall apply where you are a business customer and Clause 16.4 shall apply where you are a consumer.

16.6.             Cloakrooms are provided for the convenience of Guests by the Venue. Any property deposited in the cloakrooms at the Venue is the responsibility of the Venue and left at the Guest’s risk and without any liability on the part of the Company.

16.7.             Personal Accident Insurance and event cancellation insurance covering the Event is not included in the Event Price. It is your responsibility to ensure that you take out and maintain insurance to cover your losses or liabilities arising out of or in connection with the Event including but not limited to cancellation of the Event.

16.8.             This Clause 16 shall survive termination of the Contract.

17.             Termination

17.1.             Without affecting any other right or remedy available to it, either party may terminate the Contract immediately by written notice to the other party if the other party:

17.1.1. commits a material breach of the Contract and such breach is incapable of being remedied;

17.1.2. commits a material breach of the Contract and if capable of remedy, fails to remedy such breach within 30 days of receiving notice requiring it to do so;

17.1.3. (being a business) ceases or threatens to cease to do business, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver, liquidator or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debts, an order or resolution is made for its dissolution, or enters into liquidation whether compulsorily or voluntarily;

17.1.4. (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or becomes a patient under any mental health legislation; or

17.1.5. (being an individual) you are the subject of a bankruptcy petition or order.

17.2.             Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date.

17.3.             Termination of the Contract shall not affect the rights of either party which have accrued prior to termination.

17.4.             Following termination, Clauses which expressly or by implication survive termination shall continue in full force and effect.

18.             Force majeure

18.1.             For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, strikes by the Venue’s staff, lock-outs or other industrial disputes (whether involving the workforce of West End Events, the Venue or any other party), changes to the Venue made by the Venue owner, the non-availability of the Venue, failure of a utility service or transport network, act of God, epidemic or pandemic, terrorism, war, riot, civil commotion, malicious damage, national emergency, compliance with any law, government intervention or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of proprietors of the Venue, national or local disasters, war, damage to the Venue, loss of services such as electricity gas or sewage weather fire or failure of sub-contractors or suppliers

18.2.             The Company shall not be liable to you as a result of being prevented from performing, any delay or failure to perform or being hindered from performing its obligations under the Contract as a result of a Force Majeure Event.

19.             General

19.1.             Entire Agreement.

19.1.1. It is acknowledged and agreed that these Terms (including the documents and instruments referred to in these Terms) (the Documents) shall supersede all prior representations arrangements understandings and agreements between the parties relating to the subject matter hereof and shall constitute the entire complete and exclusive agreement and understanding between the parties hereto.

19.1.2. The parties irrevocably and unconditionally waive any right they may have to claim damages for any misrepresentation arrangement understanding or agreement not contained in the Documents or for any breach of any representation not contained in the Documents (unless such misrepresentation or representation was made fraudulently);

19.1.3. It is further acknowledged and agreed that no representations arrangements understandings or agreements (whether written or oral) made by or on behalf of any of the other parties have been relied upon other than those expressly set out or referred to in the Documents.

19.2.             Assignment and other dealings.

19.2.1. The Company may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

19.2.2. The Contract is personal to you and may not be assigned, subcontracted or sublet by you and you may not or share your occupation of the Venue with any other persons without our prior written consent.

19.3.             Notices.

19.3.1. Any notice or other communication given to a party under or in connection with these Terms shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business or permanent residence address (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this Clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.

19.3.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 19.3.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.

19.4.             Further Assurance. Each party shall use all reasonable endeavours to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.

19.5.             Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.6.             Waiver. Any failure by either party to exercise or enforce its right under these Terms shall not be a waiver of that right, nor prevent such party from exercising or enforcing such right at a later time.

19.7.             No partnership or agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

19.8.             Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

19.9.             Variation. The Company may revise these Terms from time to time. Every time you make a Booking, the Terms in force at that time will apply to the Contract between you and us. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing by us.

19.10.          Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts.