Terms and Conditions
1. THE CONTRACT
This contract is made between DTB Sports Hospitality and Event Management Limited (DTB) and the Client on the terms and conditions set out hereunder and when the client returns the order form attached to these terms and conditions DTB shall at the request and risk of the client enter into binding obligations with third parties in accordance with clients instructions and this contract shall take effect on the terms and conditions set out hereafter.
A non-refundable deposit of 50% of the total cost of each contract as detailed in the invoice handed by DTB to the client must be paid to DTB by the client within 7 days of the issue of the invoice by DTB relating to the event referred to therein and the balance of the total cost of such event (the balance) must be paid not later than 8 weeks before the date of the event. If time limits are not adhered to by the client DTB reserves the right to treat the contract as cancelled by the client and is authorised to relocate the event referred to in the invoice without prejudice to any of its other remedies.
3. CANCELLATION BY CLIENTS
If any booking is cancelled by the Client the client shall remain liable to pay the balance to DTB and DTB shall have the authority to resell or obtain any refund of all or part of the event. DTB shall reimburse or give credit for the amount that it so recovers less a reasonable handling fee provided that DTB shall always be permitted to retain both the deposit and the handling fee.
a) In arranging the programmes DTB act only as the agent of the Client and no liability to any third party or to the Client of any kind whatsoever shall be attached to DTB in connection with or arising from the arrangements between the Client and the third party and the Client shall indemnify DTB against any claim made by such third party provided always that in respect of goods or services provided by a third party under the contract of DTB shall give all reasonable assistance to the Client to pursue any third party if this involves Court of arbitration proceedings unless the Client has agreed to indemnify DTB against all expense in respect thereof including the cost of DTB's staff in connection therewith.
b) Save as in the clause expressed DTB shall be under no liability for any personal consequential or other damage whatsoever caused as a result of services rendered to the Client under this contract being defective or not in accordance with this order including any breach by DTB of any fundamental term of this order.
c) Nothing contained in this clause shall exclude:
i) Where the Client deals as a consumer (as defined by the Unfair Contract Terms Act 1967) any liability for breach of the terms implied by section 13, 14 and 15 of the Supply Goods and Services Act 1982.
ii) Any liability arising from DTB's negligence causing death or personal injury.
d) The Client recognises that the limitation of liability contained in this clause is reasonable based on the financial agreements between DTB and the Client.
5. ALTERATION TO PROGRAMME
a) DTB will make reasonable effort to adhere to the programme but DTB are authorised to alter or omit or change the date of any event for any cause which
DTB in its absolute direction shall consider to be just and reasonable.
b) DTB has the right to pass on any supplier's price increases to the client. Such increases must be paid to DTB before any tickets can be issued or the event staged.
c) If the price is materially increased or DTB unreasonably alter the package of any events the Client shall be entitled to cancel the event concerned by giving written notice to be received by DTB within 48 hours of the Client having been notified of the change. In this event the Client shall be entitled to a full refund of the monies paid in respect of the event concerned provided that the Client indemnify DTB for all obligations incurred by DTB on behalf of the Client subject to any refund which DTB may be able to obtain and provided that DTB shall be entitled to retain the deposit.
d) Cancellation by DTB of one or more events shall not entitle the client to cancel any other event.
The cost of services and goods provided at any other event which are not included in the inclusive package and which are provided at the request of the Client or its guests shall be invoiced separately at the suppliers ruling rates plus a handling charge which will not exceed 10% of the suppliers charges and shall be due for payment within five days of the date of invoice.
All prices quoted are exclusive of VAT which will be charged in addition to the contract price.
DTB reserve the right to charge interest at the rate of 2.5% per month compounded monthly on all overdue accounts whether before or after judgement.
None of the DTB employers, other than the Secretary or a Director of the company is authorised to make statements or warranty or representations as to the services to be provided hereunder, DTB shall therefore be under no liability nor shall the Client be entitled to any remedy by reason of the Misrepresentation Act of 1967 except to the extent (if any) that the court of the arbitrator may allow reliance on as being fair and reasonable.
If the Client becomes insolvent or in the opinion of DTB is likely to go into bankruptcy, receivership, administration or liquidation or makes default in or commits a breach of the contract DTB may at its discretion on written notice to the Client be entitled to deem the contract as having been terminated forthwith in whole or in part by the Client in accordance with clause I. DTB shall in doing so incur no liability to the client and such termination shall be without prejudice to its rights which may have accrued up to date of termination.
11. FORCE MAJEUER
Both DTB and the Client shall be released from any further obligations regarding an event in the event of a national emergency where governmental regulations, cancellation of an event by third parties or if any cause beyond the clients or DTB's reasonable control renders the performance of any event impossible. This provision shall not relieve the Client of its obligation to pay for all events completed pursuant to an order or to indemnify DTB for obligations incurred by DTB as agent of the Client or oblige DTB to repay the Deposit.
12. NON ASSIGNABILITY
The agreement is between DTB and the Client and is not assignable by the Client without DTB's consent.
The contract shall be governed by and construed in all respects in accordance with English Law and the parties hereby submit for all purposes of and in connection with the agreement to the non-exclusive jurisdiction of the English courts.
Any notice required to the given hereunder shall be sent to the address of the recipient given overleaf. A notice shall be deemed to have been served if by hand when delivered, if by e-mail or facsimile when sent and if by post 48 hours after posting.
15. POST TERMINATION
The termination of this agreement shall not affect any rights of the parties which have accrued thereto and DTB shall be irrevocably authorised on behalf of the Client to organise any refund or reallocation of any events.
16. ENTIRE AGREEMENT
The agreement embodies the entire agreement between the parties and there are no other terms, conditions or obligations other than those contained herein.
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DTB reserves the right to make changes to these Terms and Conditions and you should check back from time to time to ensure you are aware of any changes. Your continued use of this Website will demonstrate your acceptance of these changes.