In these terms and conditions, the following words shall have the following meanings:
“Acknowledgement” communication from the Seller to the Customer acknowledging the Order.
“Conditions” means the standard terms and conditions of sale set out below;
“Confirmation” means the placing by the Customer of an order for a Package via the Website;
“Contract” means a legally binding contract made in accordance with Condition 2 of the Conditions;
“Customer” means the purchaser of the Package;
“Deposit” means the deposit (if any) payable as detailed on the Seller¹s Website or as otherwise notified to the Customer at the time of booking;
“Event” means an entertainment event held at the Venue and in respect of which the Seller has the rights to sell Hospitality Packages;]“Order” means the Customer’s order for a Package, concluded via the checkout process on the Website
“Price” means the price of the Package detailed on the Website or as otherwise notified by the Seller in writing;
“Package” means the package for catering services to be provided within the Venue sold to the Customer by the Seller.
“Seller” means Leith’s (Leith’s is a brand of Levy Restaurants UK (a trading name of Compass Contract Services (U.K.) Limited which is registered in England under company number 2114954));
“Venue” means the facilities or location where the Event is to be staged; Glyndebourne Opera House
“Website” means the Seller’s website at www.diningatglyndebourne.com of which these Conditions form part.
1.1. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.2. Any reference in these 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.
1.3. Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
BASIS OF SALE
2.1 Orders for the supply of Packages must be placed by the Customer through the Website or by phone at the following number [number]. An Orders placed by phone will be subject to these Conditions;
2.2 Tickets for any Event held at the Venue are sold separately and are subject to separate terms and conditions which are available from the Venue’s website.
2.3 All Packages are sold subject to availability and to these Conditions. Completion of the checkout process does not constitute acceptance by the Seller of the Order. Subject to the availability of the relevant Package at the time of such receipt by the Seller of the Confirmation of the Order, the receipt by the Customer of a Acknowledgment shall constitute the booking by the Seller of Packages and shall create a Contract subject to these Conditions.
2.4 Subject to Condition 3.1 of these Conditions, no variation of the Contract shall be binding unless agreed in writing by an authorised representative of the Seller. Each of the Seller and the Customer agrees that it has not entered into these Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty or undertaking (whether negligently or innocently made) by any person (whether party to these Conditions or not) other than as expressly set out in these Conditions provided always that nothing in this Condition 2.4 shall operate to exclude any liability for fraud.
2.6 These terms and conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.7 All Packages 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 Package.
3.1 Whilst every reasonable effort will be made to ensure that the Package is in accordance with the details as set out on the Website, the Seller reserves the right in the Seller¹s absolute discretion to make any changes to the Package which do not, in the reasonable opinion of the Seller, materially affect the quality of the Package. A “material” change is a change which, in the Seller’s reasonable opinion, makes the Package materially different from the Package that purchasers, taken generally, could reasonably expect.
3.2 In the event that it is necessary for the Seller to make any material change to the Package (other than where due to the circumstances set out in Conditions 8 and 10 and/or the acts or omissions of the Customer), the Seller will use reasonable endeavours to offer the Customer the option of an alternative Package of comparable standard or, where such alternative Package is not available or is unacceptable to the Customer, will repay to the Customer the Deposit and any additional Price already paid by the Customer.
4.1 The Customer shall pay the Price which shall be inclusive of value added tax and all other applicable taxes which shall be paid by the Customer in addition to the Price.
5.1 The Deposit shall be payable by the Customer as stipulated on the Website and shall (save as expressly provided in these Conditions) be non-refundable and shall be paid at the time that the Order is placed.
5.2 All Orders require a £10.00 per head Deposit or payment in full on completion of the pre-order.
5.3 On receipt of a Confirmation from the Customer, the Seller will (subject to availability) issue the Customer with an Acknowledgment in acceptance of the Order at which point the Package shall deemed to be booked, subject to payment of the Price in full in accordance with clause 5.4.
5.4 The Customer shall pay the full Price in advance of the Event. All card payments are subject to authorisation by your card issuer.
5.5 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 Customer¹s request which are not included in the Package shall be paid for in full by the Customer by an authorised credit card or debit card.
5.6 If the Customer fails to pay the Price in full in accordance with clause 5.3, or the Customer gives the Seller notice in writing of its intention to cancel the Package then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract and suspend provision of the Package and any further Packages to the Customer and the Customer shall be liable to the Seller for the Price in full and, save where otherwise agreed in writing by the Seller, shall not be entitled to a refund of any Price paid (or the Deposit) and the Seller shall be permitted to charge the Customer interest (both before and after any judgment) on any part of the Price unpaid at the rate of 4 per cent per annum on a daily basis above the Barclays Bank base rate from time to time, until payment of the Price is made in full.
EVENTS & CANCELLATIONS
6.1 The Seller has no control over the running of the Event and the Seller gives no warranty and makes no representation that the Event shall take place and, subject to Conditions 6.3 , the Seller shall not be liable to give any refund in the event of the Event being cancelled or postponed.
6.2 It is the Customer’s responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, the Seller will use its reasonable endeavours to notify the Customer using the details provided at the time of Confirmation but the Seller does not guarantee that the Customer will be informed of such cancellation before the date of the Event.
6.3 If for any reason the Event is postponed, the Customer¹s booking for that Event will be valid for the re-scheduled Event (if any) save where such re-scheduled Event takes place at a location other than the original Venue.
6.4 If the Customer cancels or changes the Event tickets, the Customer will be responsible for the notification of any changes or cancellations that are subsequently required to the Package, to the Seller. If the Customer cancels any Package, the following cancellation fees will apply:
• More than 48 hours’ notice: no charge.
• Less than 48 hours’ notice: 50% of the Price.
• Less than 24 hours’ notice: 80% of the Price.
• No show on the night of Event: 100% of the Price.
• Reservations made for the incorrect night: 100% of the Price.
Cancellation fees apply to all services provided by the Seller at the Venue.
6.5 The Seller has no control over the running of the Event or the Venue and accepts no liability for any acts or omissions on the part of persons organising the Event or operating the Venue or their servants, agents, employees or sub-contractors other than Seller.
7.1 Any complaints concerning the Package must be notified to the Seller in writing as soon as reasonably practicable after the Event.
7.2 Complaints will be handled on a case by case basis by the Seller.
7.3 At the discretion of the Seller, refunds may be granted where appropriate
LIMITATION OF LIABILITY
8.1 Notwithstanding anything to the contrary in these Conditions, the Seller shall not be liable to the Customer for any indirect or consequential loss or damage (including, without limitation, loss of revenue, loss of profits or loss of anticipated savings) 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 in aggregate for any and all claims made against the Seller in contract, tort or otherwise under or in connection with the subject matter of the Contract shall not exceed the total Price paid for the Package by the Customer to the Seller in respect of the Contract.
8.2 Nothing in this Condition 8 shall operate to exclude liability for:
8.2.1 death or personal injury resulting from the negligence;
8.2.2 fraud or fraudulent misrepresentation.
9.1 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.
10.1 The Customer is responsible for its guests and will procure that its guests comply with these Conditions (where relevant) and with any rules, regulations and directions set down by the Seller, and/or the Venue owner including, without limitation, any and all relevant statutes, safety announcements, Venue regulations and conditions of sale applicable to Packages.
10.2 The Customer will not use any or part of a 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 Seller¹s prior written consent.
10.3 The Customer will not display any signage, promotional material or other such items anywhere at the Venue without the Seller¹s prior written consent.
10.4 The use of equipment for recording or transmitting any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Neither Venue nor Seller shall be liable for any loss or damage to confiscated items.
10.5 Neither the Seller nor the Venue accepts any responsibility for any loss or damage to personal possessions brought into the Venue by the Customer or its guests other than as caused as a result of the negligence of the Seller or that of the Venue.
10.6 By attending an Event, Customers consent to filming and sound recording of themselves as attendees. The Seller may use such films and recordings (including any copies) without payment.
11.1 The Seller shall not be liable to the Customer or be deemed to be in breach of the Contract or these 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 Conditions if the delay or failure is due to any act beyond the Seller¹s reasonable control, including but not limited to; any act of God, adverse weather conditions, explosion, 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, strikes, lockouts or other industrial actions or trade disputes, power failure or postponement or cancellation of an Event.
12.1 The Seller may without prejudice to any rights or remedies which it may have against the Customer defer or cancel the Contract if:
(a)the Customer commits a material breach of any of its obligations under the Contract which is not capable of remedy; or
(b)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 7 days following receipt of written notice to do so; or
(c)the Customer (if in business) ceases or threatens to cease to carry on its business; or
(d)the Customer (if an individual) is made bankrupt.
13.1 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. Nothing in the Contract or these 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.
13.2 If any provision of these 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 Conditions and the Contract shall continue in full force and effect.
13.4 If any dispute arises with respect to the sale of a Package pursuant to these Conditions, the Seller and the Customer shall each use their respective reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to both parties.
13.5 Whilst not restricting either party’s rights to pursue court proceedings, if the Seller and the Customer are unable to settle any dispute by negotiation within 28 days, the parties may attempt to settle it by mediation. To initiate mediation a party must give written notice to the other party to the dispute requesting a mediation
13.6 As an online trader, the Seller also draws the Customer’s attention to the European Commission’s Online Dispute Resolution Platform which is accessible via the following link: http://ec.europa.eu/consumers/odr/.
13.7 These 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.