Terms & Conditions
The London Bierfest
1.1. In these terms and conditions (the “Terms and Conditions”), the following words shall have the following meanings:
“Booking” means the Customer’s booking for the Hospitality Package
“Booking Details Form” means the information attached to these Terms and Conditions confirming the details of the Hospitality Package
“Contract” means a legally binding contract made in accordance with Clause 2 of these Terms and Conditions;
“Customer” means the purchaser of the Hospitality Package from the Seller;
“Deposit” means the deposit payable as detailed on the Seller’s invoice or as otherwise notified by the Seller in writing;
“Event” means the event to which the Hospitality Package relates;
“Hospitality Information” means the information concerning Hospitality Packages available from the Seller as detailed in the Seller¹s marketing literature and/or on the Seller’s website;
“Hospitality Package” means the hospitality package to be sold to the Customer by the Seller which may include without limitation; tickets to the Event and/or hospitality catering;
“Price” means the total price of the Hospitality Package as detailed on the Seller¹s invoice or as otherwise notified by the Seller in writing;
“Seller” means Smart Group Ltd which is registered in England under company number 03683916;
“Ticket” means the tickets, vouchers, wristbands, passes and/or badges relating to the Hospitality Package;
“Venue” means all areas of the location where the Hospitality Package is to staged, including (but limited to) the Event location and official hospitality areas
1.2. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
1.3. Any reference in these Terms and Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.4. Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
2. BASIS OF SALE
2.1. Until the Customer signs the Booking Details Form, the booking shall be conditional and the Seller shall be under no obligation to provide the Customer with the Booking or any part of it.
2.2. These Terms and Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given to the Customer.
2.3. Subject to Clause 3.1 of these Terms and Conditions, no variation of the Contract shall be binding unless agreed in writing by an authorised representative of the Seller. The Seller reserves the right not to vary the Contract.
2.4. The Seller’s employees or agents are not authorised to make any representations concerning the Hospitality Package unless confirmed by the Seller in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not confirmed in writing. This Condition shall not exclude any liability for, or remedy in respect of, fraudulent misrepresentation.
2.5. Any typographical, clerical or other error or omission in any Hospitality Information or other sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.1. Whilst every reasonable effort will be made to ensure that the Hospitality Package is in accordance with the details as set out on the Hospitality Information, the Seller reserves the right in the Seller’s absolute discretion to make any changes to the Hospitality Package which do not in the opinion of the Seller materially affect the quality of the Hospitality Package.
3.2. The Seller reserves the right to vary if necessary the details specified in the Hospitality Information and in the event of a material variation to the Booking the Seller shall notify the Customer as soon as possible. The Seller shall use reasonable endeavours to replace the particular part of the Booking with one of at least a comparable standard and quality to those originally intended at no additional cost to the Customer.
3.3. The Seller’s prior written approval is required for any increase in the number of Tickets specified in the Booking Details Form.
4.1. The Price shall be exclusive of value added tax and all other applicable taxes which shall be paid by the Customer. The Seller reserves the right to pass on to the Client any price increases caused by any increase in the rate of VAT and/or the introduction of any new tax on the goods and/or services to be provided to the Customer.
5. TERMS OF PAYMENT
5.1. The Deposit shall be paid by the Customer by the date as shown on the Seller¹s invoice and shall (save as expressly provided in these Terms and Conditions) be non-refundable.
5.2. An invoice detailing the amount of the Price outstanding shall be sent by the Seller to the Customer 12 weeks prior to the Event and the Customer shall pay the remainder of the Price in full no later than 8 weeks prior to the Event (time for payment being of the essence).
5.3. The Price in respect of any bookings made within 12 or fewer weeks of the Event must be paid in full by the Customer prior to the Event and the Price in respect of any bookings made within 7 days of the Event must be paid in full by an authorised debit or credit card.
5.4. Any additional fees or charges for any additional goods or services provided by or on behalf of the Seller for the Customer at the Event at the Customer’s request which are not included in the Hospitality Package shall be paid for in full by the Customer by an authorised debit or credit card.
5.5. If the Customer fails to pay the Price in full by the due date as detailed on the invoice, or the Customer gives the Seller notice in writing of its intention to cancel the Booking (which will not be regarded as received until acknowledged by the Seller) then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to (but shall not be obliged to) cancel the Contract and suspend provision of the Hospitality Package to the customer and;
5.5.1. where cancellation takes place more than 12 weeks from the Event, the Seller shall refund to the Customer any Price paid less the amount of any Deposit paid; or where cancellation takes place within 12 weeks or less prior to the Event, the Customer shall be liable to the Seller for the Price in full and shall not be entitled to a refund of any Price paid or the Deposit.
6.1. Delivery of the Tickets shall be deemed to be made on the earliest occurrence of either; collection of the Tickets by the Customer from the Seller, or delivery of the Tickets by the Seller to the Customer, or delivery of the Tickets by the Seller to a third party carrier for delivery to the Customer.
6.2. Any dates quoted for delivery of the Tickets are approximate only and the Seller shall not be liable for any delay in delivery of the Tickets however caused. Time for delivery shall not be of the essence unless previously agreed by an authorised representative of the Seller in writing.
6.3. Tickets will not be issued to the Customer prior to receipt and bank clearance of payment in full of the Price in respect of the Hospitality Package. Following receipt of the Price in full from the Customer, the Seller shall attempt, but not be obligated, to dispatch the Tickets and any ancillary Event information to the Customer no later than 2 weeks prior to the Event.
7. RISK & PROPERTY
7.1. Risk of damage to or loss of the Tickets shall pass to the Customer:
7.1.1. in the case of Tickets collected from the Seller’s premises, at the time when the Customer collects the Tickets; or
7.1.2. at the time of posting, if the Tickets are to be posted by the Seller to the Customer; or
7.1.3. at the time of the Seller handing the Tickets to a third party, if the Tickets are to be delivered by a third party carrier.
7.2 Once risk of damage to or loss of the Tickets has passed to the Customer in accordance with Condition 7.1 the Seller shall not be liable to replace any lost or damaged Tickets.
7.3 All Tickets are non-transferable and the Customer shall not be entitled to sell or to pledge or in any way transfer, or charge by way of security for any indebtedness any of the Tickets.
8. WARRANTIES AND LIABILITY
8.1. The Event is strictly over 18s only. Proof of age may be required from anyone attending the Event and all attendees must carry photographic identification (“ID”) at all times when at the Event. Failure to provide valid ID on request may result in the attendee being refused admission or being asked to leave the Event (as applicable). If a visitor looks under 21 they may be asked for proof of age.
8.2. If the Event is postponed (whether in its entirety or if the relevant day of the Event to which your Ticket relates, is postponed), the Tickets will be valid for the rescheduled Event. Where you are unable to attend the rescheduled Event, or choose not to do so, you will be entitled to a full refund of the face value of the Ticket but no refund will be given in respect of any other expenditure whatsoever.
8.3. If the Event is cancelled you shall be entitled to a full refund of the face value of the Ticket but no refund will be given in respect of any other expenditure whatsoever, except at the Seller’s discretion.
8.4. If the Event to which your Ticket relates is curtailed, we may offer refunds (in whole or in part) or may reschedule the Event at out sole discretion (acting reasonably). Where any curtailed Event is rescheduled, the provisions of clause 8.2 shall apply.
8.5. Where the Hospitality Package is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions.
8.6. Any complaints concerning the Hospitality Package must be notified to the Seller in writing as soon as reasonably practicable after the Event.
9. LIMITATION OF LIABILITY
9.1. Notwithstanding anything to the contrary contained in the Hospitality Information or these Terms and Conditions, the Seller shall not be liable to the Customer or any third party for any indirect or consequential loss, compensation or damages (including without limitation, transport, accommodation, economic loss of any kind whatsoever, loss of revenue, loss of profits, loss of anticipated profits or savings, or damage to the Customer’s reputation or goodwill) arising out of or in connection with the performance or any breach of the Contract and the maximum liability of the Seller to the Customer or any third party in aggregate for any and all claims made against the Seller in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the subject matter of the Contract shall not exceed the total Price paid for the Hospitality Package by the Customer to the Seller in respect of the Contract.
9.2. In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify the Seller within 14 days of the event giving rise to the claim and the Seller shall not otherwise be liable.
9.3. The Customer agrees that before bringing a claim for the same against the Seller, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of the Seller and to the extent that it is successful in recovering such sums from its insurers the Seller shall not be liable to the Customer.
9.4. Nothing in this Condition 9 shall operate to exclude liability for death or personal injury resulting from the negligence of the Seller.
10. FORCE MAJEURE
10.1. The Seller shall not be liable to the Customer or be deemed to be in breach of the Contract or these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract or to these Terms and Conditions if the delay or failure is due to any act beyond the Seller’s reasonable control, including but not limited to; any Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, loss of liquor licence, strikes, lockouts or other industrial actions or trade disputes, power failure or postponement or cancellation of the Event.
11. CUSTOMER DEFAULT
11.1. The Seller may without prejudice to any rights or remedies which it may have against the Customer defer or cancel the Contract if:
11.1.1. the Customer commits a material breach of any of its obligations under the Contract which is not capable of remedy; or
11.1.2. the Customer has committed a material breach of any of its obligations under the Contract which is capable of remedy but which has not been remedied within a period of 10 days following receipt of written notice to do so; or
11.1.3. the Customer enters into any compromise or arrangement with its creditors, or if an order is made or an effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of the other party’s undertaking or assets; or
11.1.4. the Customer (if in business) ceases or threatens to cease to carry on its business; or
11.1.5. any of the matters referred to Condition 11.1 occurs in relation to any holding company for the time being of the Customer
11.1.6. the Customer (if an individual) is made bankrupt.
11.2. In the event that the Contract is cancelled in accordance with Condition 11.1 the Seller shall not be under any liability to refund any part of the Price paid and following such termination the Seller shall be at liberty to supply the Hospitality Packages to any other person.
12.1. The Customer shall indemnify the Seller in full against and hold the Seller harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by the Seller as a result of or in connection with any and all acts or omissions of the Customer, its guests, employees, agents or subcontractors including but not limited to acts or omissions at the Event and damage caused to the Venue by the Customer or its guests.
13. VENUE CONDITIONS
13.1. The Customer is responsible for its guests and will procure that the Customer and its guests comply with these Terms and Conditions (where relevant) and with any rules, licensing authorities, regulations and directions set down by the Seller.
13.2. For the safety of the Customer, its Guests and others, the Customer must follow all reasonable directions given to it by the Seller or the Sellers’s agents at the Venue.
13.3. The Customer will not resell or otherwise transfer, or offer for sale or transfer any part of a Hospitality Package without the prior written consent of the Seller.
13.4. The Customer will not use any or part of a Hospitality Package (including, for the avoidance of doubt, any Tickets) as prizes in competitions, sweepstakes, raffles, draws or for other similar commercial, promotional or charitable purposes without the Seller’s prior written consent.
13.5. The Customer shall (and shall ensure its Guests shall):
13.5.1. not use any part of the Venue for any business purpose other than entertainment or hospitality;
13.5.2. not display any branding, signage or other commercial identification at the Venue, unless otherwise agreed with the Seller:
13.5.3. not use the Venue or access to the Venue for the purpose of bookmaking;
13.5.4. not bring any food or drinks into the Venue unless purchased from a caterer at the Venue;
13.5.6. comply with any dress code for the Hospitality Package.
13.6. As a minimum, smart casual attire is required in the facilities at the Venue and the Seller reserves the right to refuse admission to any person wearing inappropriate items of clothing and/or footwear or to require any such person to leave the Venue.
13.7. The Customer shall be responsible for ensuring the good and orderly behaviour of its guests whilst at the Venue and shall ensure that they do not behave in such a way as to cause (in Seller’s opinion) any offence, nuisance, damage, disturbance, annoyance, interference or inconvenience to the Seller or to any other users of the Venue. The Seller and/or the authorised staff of the Event organiser or the Venue may, without prejudice to any other rights and remedies that the Seller has, remove the Customer and/or any Guest that the Seller believes are behaving in such an unruly way from the Venue and/or the Event.
13.8. The Customer acknowledges that the Seller and/or the authorised staff of the Event organiser or the Venue reserves the right to refuse entry to the Customer and/or any Guest, or to remove the Customer and/or any Guest from the Venue and/or the Event, temporarily or permanently when they reasonably believe that such individual is intoxicated or if granted entry will be disruptive to the enjoyment, comfort and/or safety of others or will commit an offence or will otherwise not comply with these Terms and Conditions;
13.9. The Seller accepts no responsibility for personal possessions brought into the Venue by the Customer or its guests.
13.10. Prior consent of the Seller must be sought for any entertainment or services which the Customer wishes to provide within the Venue for the benefit of itself, or Guests.
13.11. A breach by the Customer of paragraph 13.3 or 13.4 shall entitle the Seller to terminate the Contract without refund to the Customer.
14. DATA PROTECTION
14.1. Both parties will comply with all applicable requirements of 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) (the “Data Protection Legislation”).
14.2. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Seller is the Processor.
14.3. The Customer expressly consents to and authorises the appointment by the Seller of a third party as a sub processor (including but not limited to the Seller’s group companies) solely for the purposes of fulfilling its obligations under this agreement.
14.4. The Customer will ensure that it has all the necessary appropriate consents in place to enable lawful transfer of the Personal Data (including special category Personal Data such as dietary requirements arising from health conditions or religious beliefs) to the Seller for the duration and purposes of this agreement and warrant that it is entitled to transfer and the Seller is entitled to process all Personal Data in accordance with Data Protection Legislation.
14.5. The processing by the Seller shall be as follows:
14.5.1. Subject matter, nature and purpose of processing: the seller shall process Personal Data as necessary to perform its obligations under this agreement.
14.5.2. Duration: for the term of this agreement, unless otherwise agreed in writing.
14.5.3. Types of Personal Data: information including but not limited to name, employing company, special category Personal Data in relation to special dietary requirements, phone number (virtual party in a box events only), delivery address (virtual party in a box events only).
14.5.4. Categories of data subjects: the Customer may submit Personal Data as required for the fulfilment of the Seller’s obligations under this agreement, which may include but not be limited to data subjects including the Customer’s employees and/or individual guests.
15.1. The Contract is personal to the Customer and the Customer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract. The Seller shall be entitled to assign or sub-contract any of its rights, benefits and interests in or under the Contract to third parties.
15.2. The Seller reserves the right to review these Terms and Conditions from time to time to reflect changes in relevant laws, regulatory requirements or its contractual obligations to the organisers of the Event. You will be notified in due time of such changes and be deemed to have accepted any such changes if the Seller does receive a written objection from you within 2 weeks of receipt of the revised Terms and Conditions.
15.3. Notices shall be deemed to be served on delivery when delivered by hand, on receipt of a printout confirming due transmission when transmitted by electronic mail or facsimile, or 48 hours after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective party at the address made known by each party prior to entering into the Contract. If a party changes its address for notification purposes, then it shall give the other party written notice of the new address and the date on which it shall become effective.
15.4. No waiver by the Seller of any breach of the Contract or these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.5. Nothing in the Contract or these Terms and Conditions shall constitute or be construed as constituting a partnership or joint venture between the Seller and the Customer or shall authorise either party to enter into contractual relationships or incur obligations on behalf of the other party.
15.6. An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Terms and Conditions.
15.7. If any provision of these Terms and Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the invalidity or unenforceability of that provision will not affect the validity or enforceability of the remainder of these Terms and Conditions and the Contract shall continue in full force and effect.
15.8. All content in or on the Seller’s website and brochures (including pictures, designs, logos and text) (“Content”) or otherwise is owned by or licensed to the Seller. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by the Seller in writing.
15.9. The Seller will use the data supplied by the Customer in order to inform the Customer of future Events and offers. Data may be passed to the Seller’s subsidiary companies. Should the Customer wish not to be contacted for marketing purpose by the Seller or any subsidiary of the Seller, the Customer should contact the Seller in writing by email to [email protected] or by mail to Unit 10 Deptford Trading Estate, Blackhorse Road, London SE8 5HY.
15.10. This Contract sets out the entire agreement and understanding between the parties and supersedes all previous agreements and arrangements between them with regard to such transactions. The Customer acknowledges that in entering into this Contract, it has not relied on any statements or representations of the Seller not incorporated into this Contract. The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind this Contract by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in this Contract.
15.11. Any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) are expressly excluded from these Terms and Conditions to the fullest extent permitted by law.
15.12. These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of England, and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.