CCC
Events -
Terms & Conditions of Business
(from 1st June 2006)
1. Definitions
In these conditions:-
"CCC" means CCC Events of Unit 11 St Joseph's Business Park, St Josephs
Close, Hove, BN3 7ES.
"the Client" means the person, firm or company purchasing the Services
from CCC;
"the Guests" means the recipients of the Services or any of them
as the context requires;
"the Services" means the services supplied to the Client and / or
Guests under these conditions.
2. Basis of the Contract
2.1 CCC contracts on these conditions only, and acceptance by CCC
of any request for the provision of Services from a Client shall be
upon these conditions and shall override any other terms and conditions
stipulated or incorporated by the Client. Variations or representations
will only be binding on CCC if confirmed in writing by CCC.
2.2 The Client warrants that it is either a Guest or is the authorised
agent of the Guests and is accepting these conditions not only for
itself but as an agent for the Guests.
2.3 It is hereby expressly agreed that every servant or agent of
CCC (including every independent contractor from time to time employed
by CCC) shall take the benefit of every exemption and limitation contained
in these Conditions and every exemption from liability, defence and
immunity to which CCC is entitled shall also be available and shall
protect and extend to every such servant or agent for the purposes
of this condition CCC shall be deemed to be acting as agent on behalf
of such servants and agents and all such persons shall to this extent
be deemed to be parties to the contract of which these Conditions
form part.
3. The Services
3.1 All descriptions and illustrations contained in CCC literature,
price list and advertisements or otherwise communicated to the Client
are intended to present merely a general idea of the Services described
and shall not form part of the contract.
3.2 CCC reserves the right to make substitutions and modifications
to the equipment used in the provision of the Services.
4. Price
4.1 The price charged by CCC for the provision of the Services
shall be as stated in the quotation of any booking made by the Client,
provided always that any additional costs incidental to the provision
of Services incurred by CCC shall be in addition to such price.
4.2 Unless otherwise agreed, a booking deposit payable by the Client
of 50% of the price (including any VAT thereon) shall become due at
the time of booking.
4.3 CCC shall not be bound by any contract until it has accepted
the booking and is in receipt of the said deposit and until such time,
CCC shall not reserve dates, times or locations for the provisions
of Services.
4.4 The Client shall pay the balance of the price not less than
one month prior to the date upon which the Services are to be provided.
Any additional costs shall be invoiced separately and the Client shall
pay any such invoice within fourteen days of its issue date.
4.5 If for any reason the Client cancels the booking, the booking
deposit will be forfeited. If for any reason the Client cancels the
booking within four weeks of the date upon which the Services are
to be provided, the Client shall be liable to pay 75% of the contracted
price, within two weeks of the date upon which the Services are to
be provided, the Client shall be liable to pay 100% of the contracted
price. If for any reason the Client fails to pay the balance of the
price when due in accordance with condition 4.4, CCC's obligation
to provide the Services shall forthwith cease.
4.6 If for any reason the Client fails to give notice more than
one month before the date upon which the Services are due to be provided,
that the number of Guests is to be reduced, the Client will be liable
to pay the price in full for the number of Guests originally booked.
4.7 All payments due from the Client under these Conditions shall
be made without any set-off deduction or deferment of any nature.
4.8 In the case of overdue payment, CCC may charge interest and
claim compensation for debt recovery and VAT in accordance with the
Late Payment of Commercial Debts (Interest) Act 1998 without prejudice
to any other rights of CCC.
5. Limitation of Liability
5.1 Prior to the commencement of the Services, the Client and all
its Guests will, if so requested by CCC, sign a disclaimer of liability,
the terms of which are available to the Client on request.
5.2 CCC accepts no liability for loss, injury or damage of any
nature whatsoever, whether direct or consequential, arising out of
provision of Services, save as provided under the Unfair Contract
Terms Act 1977. Without prejudice to the generality of the foregoing:-
5.2.1 CCC maintains public liability insurance cover up to a maximum
sum of £5 million and the Client and every Guest shall limit
any claims against CCC to such sum; and
5.2.2 CCC and its servants or agents accept no responsibility in
respect of any loss or damage to any property of the Client or any
Guests.
5.3 A copy of CCC's public liability insurance policy is available
upon request and the Client and all Guests shall observe its terms
and conditions at all times. The Client and every Guest may increase
the limit of their insurance cover at their own cost and by prior
arrangement with CCC.
6. CCC's Authority
6.1 The Client and every Guest shall abide by and comply with any
request or order made by or on behalf of CCC on the grounds of safety,
whether it be the safety of the Client, the Guest or some other person.
6.2 The Client and every Guest agrees that the opinion of CCC or
its servants or agents is final in regards to any matters appertaining
to safety, and the Client and every Guest agrees to abide by any such
opinion howsoever expressed. If in the opinion of CCC, its servants
or agents, the Client or any Guest is or may be behaving dangerously
or as acting in a manner which would or may in the opinion of CCC
its servants or agents lead to a disruption of the Services, the Client
or any Guest shall at the request or order of CCC, its servants or
agents, leave the event for the rest of the day contracted for without
CCC, its servants or agents having any liability to refund any part
of the price paid for the provision of the Services. For the avoidance
of doubt, any excessive consumption of alcohol prior to or during
the Services shall be treated as behaviour enabling CCC to require
the Guest concerned to leave the event.
7. Force Majeure
CCC shall bear no liability for loss, damage or delay howsoever
arising caused in circumstances outside its control including (but
not limited to) inclement weather, acts of God, war, strikes, civil
commotion, work to rule or go slow, overtime bans, lock outs, fire,
flood, drought or inability to procure materials or articles except
at increased prices due to any of the foregoing causes (and in these
circumstances may suspend or cancel the whole or part of the Services).
CCC shall endeavour to notify the Client as quickly as reasonably
possible if a force majeure occurs. While CCC is not able to refund
any monies paid by the Client, where Services have been cancelled
due to adverse weather conditions, it will endeavour at its option
either to arrange alternative services at the requisite time or re-arrange
the provision of the Services at an alternative time.
8. Law of Contract
The construction, validity and performance of any contract shall
be governed in all respects by the laws of England.
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