UNIQUE GP TERMS AND CONDITIONS (“Conditions”)
In these Conditions: “Booking” means a contract for the provision of our services to you; “Guest” means a person for whom a Booking is made; “you” or “your” means the person or organisation making a Booking; “we”, “us” or “our” refers to Unique GP.
2.1 These Conditions alone (as varied in accordance with Condition 2.3) shall govern and be incorporated in every Booking made by or on behalf of us with you. They shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by you or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.
2.2 Your request for a Booking shall (without prejudice to Condition 3 or any other manner in which acceptance of these Conditions may be evidenced) be deemed to constitute unqualified acceptance of these Conditions.
2.3 A variation of these Conditions is valid only if it is in writing and signed by us.
3. QUOTATIONS AND ACCEPTANCE
3.1 A price quotation for a Booking does not constitute an offer. We reserve the right to withdraw or revise a quotation at any time prior to a Booking being made.
3.2 Your offer for a Booking shall be made when we receive a copy of our Booking form or first payment upon receipt of our invoice.
4.1 The price payable is the price set out in our Booking form whether on paper or on our website.
4.2 We may at any time prior to confirming a Booking:
a) withdraw any discount from our normal prices;
b) revise prices to take account of inflation and increases in costs including the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
4.3 Our prices are fully inclusive. Where VAT is payable in respect of the Booking you must pay us such additional amount in respect of VAT, at the applicable rate, at the same time as you pay the Booking price and where appropriate VAT under the Tour Operators Margin Scheme.
5. TERMS OF PAYMENT
5.1 Upon receipt of a Booking, we will send an invoice confirming payment terms. If payment by return is requested, then we expect you to adhere to this. In instances where a Booking is confirmed within 8 weeks of the event, 100% of the booking value is required immediately.
5.2 Any queries arising from an invoice must be notified to us upon receipt of that invoice. We reserve the right to cancel and re-allocate any Bookings, without further notification if you do not adhere to the terms of payment set out in this Condition 5.
5.3 All bank charges incurred by us as a result of late payment or payment not in accordance with the Booking shall be paid by you.
5.4 We reserve the right to cancel any Booking if payment is not made in accordance with this Condition 5.
5.5 If payment is not paid in accordance with any payment terms that are made on your invoice, we have the right to cancel any discounts that may have been given.
6. LIMITATION OF LIABILITY
6.1 We are not liable to you or your Guests, whether for negligence, breach of contract, misrepresentation or otherwise, for:
a) loss of profit, goodwill or business opportunity;
b) indirect or consequential loss or damage;
c) loss or damage to any property or personal effects.
6.2 Our entire liability under or in connection with your Booking, whether for negligence, breach of contract, misrepresentation or otherwise, is limited to the Booking price you have paid.
6.3 Nothing in these Conditions limits or excludes our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) any other liability which cannot be limited or excluded by applicable law.
6.4 Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Booking. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Booking.
6.5 This Condition 6 will survive termination of the Booking.
Guests must obtain travel insurance to cover their visit prior to travelling. Guests should ensure that the insurance cover they purchase is suitable and adequate for their particular needs.
8. YOUR OBLIGATIONS
8.1 You are responsible for your Guests and will procure that your Guests comply with these Conditions (where relevant) and with any rules, regulations and directions set down by us and/or our agents including, without limitation, any and all relevant statutes, safety announcements and venue regulations.
8.2 You will not resell or otherwise transfer or offer for sale or transfer any part of a Booking without our prior written consent.
8.3 You or your Guests must notify us of any special dietary requirements at least one month before the event.
8.4 Guests are responsible to ensure that they possess all necessary travel and health documents before departure.
8.5 The safety of all our Guests is paramount. It is a strict condition of each Booking that Guests should behave in a reasonable manner at all times while on the yacht.
8.6 Guests who we consider are behaving in a way that may create a danger to themselves or others, who act in a way that breaches the venue regulations, or who act in a manner which, in our reasonable opinion, is likely to affect the enjoyment of other Guests, will be asked to leave any of our facilities or events and we may take appropriate action to enforce this right.
8.7 We reserve the right to conduct security searches from time to time and confiscate any item which, in our reasonable opinion, may cause a danger or disruption to other Guests.
8.8 You will be liable for all damage and extra costs incurred by us as a consequence of unreasonable behaviour, carelessness or breach of this Condition 8 by the Guest or Guests for whom your Booking was made.
8.9 Day guests may not invite persons who are not Guests onto the yacht or to any of our facilities or events at any time.
8.10 Guests who are staying on-board may not invite persons on-board at any time during the event or when the event parties are closed. Only approved guests can stay on-board overnight.
You shall indemnify us in full against and hold us 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 us as a result of or in connection with any and all acts or omissions of you or your Guests, but not limited to acts or omissions at the event and damage caused to the venue by you or your Guests.
10. CANCELLATIONS AND VARIATION
10.1 Whilst every reasonable effort will be made to ensure that the Booking is in accordance with published details we reserve the right in our absolute discretion to make any changes to the Booking.
10.2 If we are prevented, hindered or delayed from or in providing service in accordance with a Booking and these Conditions by a Force Majeure Event, we may terminate Bookings with immediate effect by notice to you and we shall not be liable for any loss or damage you suffer as a result.
10.3 If for any reason an event is cancelled by a third party organiser or due to acts beyond our control we reserve the right to move your booking to the next event of the following year.
10.4 If you cancel a Booking the percentage refund of the total Booking price, based on a pre-estimate of our loss, will be:
a) 100% if cancellation is more than ten calendar months before the booked event;
b) 75% if cancellation is more than eight and up to ten calendar months before the booked event;
c) 50% if cancellation is more than six and up to eight calendar months before the booked event.
d) 25% if cancellation is more than three and up to six calendar months before the booked event.
e) 0% if cancellation is less than three months before the event.
10.5 If you cancel your Booking giving us three months or less notice you will not be entitled to any refund. However, we will endeavour to resell the package/s on your behalf and, if successful, we shall refund a sum that reflects the cost to us of the cancellation including the cost of reselling.
10:6 The above cancellation terms do not apply to Flights and Hotels booked through Unique GP. Flights and Hotels are not refundable unless otherwise specified by the hotel and airline company.
10.7 In this Condition 10 “Force Majeure Event” means an event beyond our reasonable control including, without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, terrorist activity, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm etc.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use any personal information you provide to us to:
a) provide our services under the Booking;
b) process your payment for the Booking; and
c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
12.1 We undertake that we will not disclose to any person any confidential information concerning your business, affairs, customers or clients, except as permitted by Condition 12.2.
12.2 We each may disclose the other’s confidential information:
a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Booking. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Condition 12; and
b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Booking.
13.1 A notice under or in connection with a Booking shall be in writing and shall be sent by first class post pre-paid recorded delivery to its last known address, or email.
13.2 Unless there is evidence that it was received earlier, a notice is deemed given:
a) if sent by post at 9am, two days after posting it; and
b) if sent by email at 9am on the next working day after its transmission.
13.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email,that such email was sent to the specified email address of the addressee.
14.1 None of the rights or obligations under a Booking may be assigned or transferred without our written consent.
14.2 The invalidity, illegality or unenforceability of the whole or part of a Condition does not affect or impair the continuation in force of the remainder of these Conditions.
14.3 Our failure to exercise, or delay in exercising, a right or remedy provided by a Booking or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by a Booking or by law prevents a further exercise of the right or remedy or the exercise of another right or remedy.
14.4 A person who is not a party to a Booking has no right under the Contracts Rights of Third Parties Act 1999 to enforce any term of that Booking but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15. GOVERNING LAW
15.1 These Conditions are governed by English law.
15.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with the Conditions.