Definitions

“we” “us” or “our” means Simon Smith Events Ltd (company number 05291160 ) whose registered office is at Unit 4 Shredding Green Farm, Langley Park Road, Iver, Bucks, SL0 9QS

“you” “yours” means the person, firm company or body entering into this contract with us

1. PRICES

   1. Our prices are exclusive of any service charges and VAT unless otherwise stated and may not include any taxes or other amounts such as airport taxes of which we are unaware at the time that your booking is confirmed. We shall, where appropriate, add VAT to the invoice that we send you and shall notify you as soon as possible of any extra amounts and those amounts shall be payable immediately (and if not paid immediately, clauses 2.6.1 and 2.6.2 shall apply)

   2. Prices are subject to change without notice, and in particular we reserve the right to change our prices in line with any changes imposed upon us by our suppliers, or caused by currency fluctuations.

   3. The price that we charge you may be higher than the face or retail value of any tickets or vouchers or package. This premium reflects the service that we are providing and the efforts that we make to obtain the tickets and/or vouchers that you have requested, the possible scarcity of those tickets and/or vouchers and any premium that we may have to pay ourselves in order to obtain the tickets and/or vouchers.

   4. 1.4 Once your booking has been accepted and confirmed by us and paid for in full by you, we will not change the price.

2. PAYMENT

   1. We accept payment by cheque, Mastercard, Visa or electronic bank transfer. We do not accept cash in payment. A charge may be applied.

   2. Our Bank Details Are: Account No: 03882527 Sort Code: 09-07-20

   3. If you make your booking more than 8 weeks before the date of your event, we will require you to pay a deposit of 50 % of the total price (including VAT and any additional amounts of which we are aware at that time) at the time of your booking.

   4. Once you have paid the deposit, the balance payable will be due 8 weeks before the event.

   5. If your booking is made less than 8 weeks before the event, the whole of the price is due immediately.

   6. If you do not make payment within 7 days of the time at which any payment is due then:

      1. we reserve the right to charge you interest upon the outstanding sum at 4% above the base rate for the time being of Lloyds TSB Bank plc; and/or

      2. we reserve the right to cancel your booking and resell the tickets or hospitality package elsewhere but we are under no obligation to do so.

   7. You remain liable for the full price due (or for the balance, if you have paid a deposit) from the date upon which your booking is made up until the date of payment, unless the terms of clause 3 apply.

3. CANCELLATION

   1. If you decide to cancel a booking once you have made payment for it but more than 8 weeks before the event, then you must notify us immediately. We have no obligation to make any refund to you at all. However, if we receive the notice of that cancellation more than 8 weeks before the event, then we will endeavour to resell the tickets and/or hospitality package and if we are able to do so at the full price we charged to you, then we will refund you 75% of the price that you paid us. If we cannot resell the tickets and/or hospitality package, then we will not make any refund to you.

   2. If you cancel a booking more than 8 weeks before an event and after you have paid a deposit, then we will retain the deposit,but we will not make any other charge in respect of the cancellation.
   3. You may not cancel a booking less than 8 weeks before the event.

4. TICKETS

   1. We will use reasonable endeavours to obtain the tickets and/or vouchers to the event that you have requested. However, if the particular tickets and/or vouchers you have requested for an event are unavailable, we reserve the right to obtain tickets and/or vouchers for that event as close as possible in value and/or position to those you requested.
   2. Provided that you have paid the price in full then we will dispatch the tickets and/or vouchers to you approximately 10 days before the event. We will post the tickets and/or vouchers by Recorded Delivery post. However, subject to clause 10 we can accept no liability for any loss or damage that may be suffered if the tickets and/or vouchers do not arrive promptly or at all, provided that we can demonstrate that the date of posting was no later than 10 days before the event. When the tickets and/or vouchers arrive, it is your responsibility to check that they are correct. If you believe that they are not correct then you must notify us immediately

5. VENUE AND ORGANISER TERMS AND AVAILABILITY

   1. Tickets are sold and vouchers are issued subject to the terms and conditions imposed by our suppliers and by the event organisers and/or the venue. We will provide you with a copy of those terms and conditions and of any rules and regulations published by the organiser and/or venue if you ask us in writing to do so.
   2. The event organiser/venue may make alterations to the advertised arrangements or featured artists and may refuse or delay admission. We have no control over the event organiser or venue and, therefore, subject to clause 10 we can accept no liability for any loss or damage that may be suffered as a result.
   3. Tickets and/or vouchers and hospitality packages are sold subject to availability.
   4. We can accept no liability for any information provided by the event organisers, venues or our suppliers that we supply to you in good faith. Any information that we provide to you is for guidance only.

6. LIMITATION ON LIABILITY FOR ACTS OF OTHERS

   1. We have no control over any event or venue and therefore subject to clause 10 we can accept no liability for any loss or damage that may be suffered as a result of any act or omission of our suppliers, the event organiser or any of their respective servants, agents or employees.
   2. Your admission to or participation in any event or at any venue is at your own risk.

7. RESTRICTIONS ON RESALE

   You may not use our services for commercial purposes including (but not limited to) ordering tickets/vouchers or hospitality packages for resale, or the ordering of tickets, vouchers or hospitality packages on behalf of others for commercial gain. If we believe (acting reasonably) that you are or are attempting to do any of those things, then we reserve the right to cancel any booking you have made.

8. TAILORED EVENTS

   If you ask us to organise a specific event for you (rather than provide you with tickets/vouchers to an event organised by someone else) then we will perform that service in a diligent manner and as competently as we can. We will discuss your requirements with you and will provide you with a written estimate of the cost of the organisation of the event and the cost of any goods or services that will be provided as part of that event or in connection with it. If you accept that estimate then 50% of the estimate will be due within 7 days and the balance will be due no later than 7 days before the event. If you do not make those payments by the appropriate days then the provisions of clauses 2.6.1, 2.6.2 and clause 2.7 shall apply mutatis mutandis. If for any reason our estimate is inaccurate (for instance, if you and your guests consume more than we anticipate) then we will, as soon as we can, inform you of the variation to the estimate and if the cost has increased, that additional amount shall be due within 7 days. If the variation results in a decrease in the estimate, and you have already paid us in full, then we will repay you the difference within 7 days.

9. DATA PROTECTION

   We may obtain information relating to you which is personal data, and we confirm that no such personal information provided by you will be used for marketing or any other purposes unless you agree to that when making your booking. We will not share any of your personal information with any third parties except to the extent that it is necessary for providing the service to you or booking the event that you have requested.

10. LIMITATION ON OUR LIABILITY

    1. We do not exclude any liability in respect of personal injury or death caused by our negligence or that of our servants or employees.
    2. Save as set out in clause 10.1 our liability to you is limited to the price paid by you to us under this contract, and in no circumstances shall we be liable for any consequential loss or damage howsoever caused.
    3. Subject to clause 10.1 we will not be held to be in default under these terms and conditions, or liable in any way for any loss arising out of circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes.

11. WAIVER

    If we waive any of our rights under these terms and conditions, that waiver shall not operate as a waiver in respect of any subsequent breach of the same or any other provision of these terms and conditions.

12. THIRD PARTIES

    1. If you ask us to make arrangements with third parties on your behalf in relation to travel, hotel accommodation, restaurants or otherwise in relation to any hospitality package that you buy from us, then we will act as your agent and on the express understanding that we shall have no liability to those third parties in relation to those arrangements and that you will indemnify us fully in respect of all of them.
    2. Nobody who is not a party to this contract shall have any right to enforce any of its terms, and the provision of the Contracts (Rights of Third Parties) Act 1999 are excluded.

13. JURISDICTION

    These terms and conditions and the contract between us shall be subject to and construed in accordance with English law and subject to the exclusive jurisdiction of the courts of England and Wales.