Terms and Conditions

THE SYBARITE LONDON LTD – TERMS & CONDITIONS OF SERVICE – https://thesybarite.co/ 

PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS BEFORE YOU BUY ANYTHING ON OUR WEBSITE AND CHECK THAT THEY CONTAIN EVERYTHING YOU WANT AND NOTHING THAT YOU ARE NOT WILLING TO AGREE TO. IF YOU ARE UNCERTAIN ABOUT ANY OF THE TERMS, PLEASE CONTACT US TO DISCUSS THEM.

• PLEASE SPECIFICALLY REFER TO SECTIONS 3(5) AND 13 WHICH DEAL WITH LIMITATION OF OUR LIABILITY AND INDEMNITY.

• YOUR CONSUMER RIGHTS ARE SET OUT IN SECTION 8.

• YOUR CANCELLATION RIGHTS ARE CONTAINED IN SECTION 11.

These Terms and Conditions incorporate and are in addition to all of the terms and conditions and policies on the website thesybarite.co (“Main Site”) and always apply to you as a Member, through your use of the website at thesybarite.co (“Website”), or when you order and receive services through the Website (as detailed below).

You agree to these Terms and Conditions when you register to be a Member and/or each and every time you use the Website or the Services. Should you need any help please email us at info@thesybarite.org

1      DEFINITIONS

(1) “Member” means the person and/or organisation who uses our Website and our Membership Services and may be introduced to Suppliers by us in order to receive Services either directly through us or via our Suppliers.

(2) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

(3) “Membership Services” means the services we supply to you, either by introducing Members to respective Suppliers who will provide Supplier Services to you or by providing you with Our Services directly.

(4) “Membership Confirmation” means the email or other document which we send to you following your request to join/purchase Membership Services. Details of the levels of membership, fees and what is included are displayed on the Main Site at thesybarite.co. 

(5) “Our Services” means the services and/or products provided directly by us to you, rather than through a Supplier.

(6) “Services” means collectively the Membership Services, Our Services and Supplier Services.

(7) “Supplier” means any person and/or organisation who we introduce to a Member and who agrees to provide their Supplier Services to that Member.

(8) “Supplier Services” means the services and/or products which are provided to the Member by a Supplier who is introduced to them by us.

(9) “Terms and Conditions“ means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and/or the Main Site and will also include any special terms and conditions agreed in writing by us.

(10) “we”, “us”, means the organisation who owns this Website and supplies Membership Services and/or Our Services, The Sybarite London Limited, a Company registered in England and Wales, company registration number 09267321 whose registered office is Pound House, 62a Highgate High Street, London, England, N6 5HX. E-mail address info@thesybarite.org, Telephone 0203 371 8331. 

(11) “Website” means the website and all contents at thesybarite.co 

(12) “you” “your” means the person or organisation using our Website, and/or our Membership Services. It includes, but is not limited to, our Members.

2      ACCEPTANCE AND EFFECT OF THE TERMS AND CONDITIONS 

(1) By using the Website and the Services, you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by these Terms and Conditions. Where you are using the Services in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right to do so.

(2) Please note that before placing an order or becoming a Member, you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order from this Website.

(3) Where the use of the Website and the Services is on behalf of an organisation and other persons (for example employees or employers), the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and Conditions and any subsequent action.

(4) These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.

(5) We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the Website and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is each user’s responsibility to read the Terms and Conditions each and every time before using the Website.

3          WHAT WE DO

(1) We provide Membership Services, together with Our Services directly to you – we are a venue and facilitator bringing together Members and Suppliers who wish to purchase/supply services and/or products. Our role is to bring together Members and Suppliers to facilitate personalised experiences which members may then choose to purchase directly from the Supplier or through us. We additionally offer Our Services directly to you, without utilising a Supplier.

(2) Membership, and the purchase of Membership Services, enables you to join our community and gain access to product previews, riveting content, private events and the ability to purchase unlimited brand experiences from Suppliers. Please see clause 4 below for more about Membership Services.

(3) Members are not purchasing Supplier Services and/or products from us but from individual Suppliers (as displayed on the Website and/or otherwise provided to you) and whose details are provided to Members. We are not party to any contract/agreement between any Member and Supplier. Please see clause 5 below for more about Supplier Services. If you need any clarification about this please email us at info@thesybarite.org.

(4) To the extent we provide the Services, we do so utilising reasonable skill and care, to a reasonable standard. We do not guarantee the availability of any particular Supplier Services or Our Services.

(5) Every Supplier who is providing Supplier Services is chosen by us. However, we are introducing a Member to a Supplier and do not recommend Supplier Services nor guarantee any products or results offered by a Supplier, we cannot guarantee their availability and are not liable for any Supplier Services and/or products whatsoever. It is your responsibility to make any enquires, carry out any checks and take up any references as you may require before entering into an agreement with that Supplier.

4          MEMBERSHIP SERVICES – YOUR MEMBERSHIP

(1) Membership is available at different levels with each attracting a different level of service and membership fee. Details of the levels of membership, fees and what is included is displayed on the Website. 

(2) Membership can be requested by registering on the Website or by completing a membership request form.

(3) At our sole and absolute discretion we reserve the right to refuse to supply Membership Services.

(4) When you receive Membership Confirmation your membership has been approved by us and you may start using the Membership Services.

(5) Membership fees (“Membership Fees”) are payable by you as shown on the Website and/or in the Membership Confirmation. In the event of a conflict, the Membership Confirmation will take precedence.

(6) The Membership Fees do not attract any VAT, as shown on the Website and in the Membership Confirmation.

(7) Any deposits paid in respect of the Membership Fees are non-refundable, unless stated otherwise herein as concerns Consumers.

(8) Unless otherwise stated on the Website, Membership Services are for an initial 12-month term and payment of the Membership Fees must be made using the methods detailed on the Website either:

(a) in one lump sum payable on your registration/ request for membership; or

(b) monthly in advance – the first payment for our 12-month Membership Fees is due on your registration/ request for membership. Thereafter, payments are due each calendar month on the date corresponding to the date of your registration/ request for membership. For example, if you register and make your first payment on 12th June, your next payment will be on the 12th of each month thereafter.

(9) If you do not cancel or terminate your Membership Services then, after the initial 12 months term, commencing with the Membership Confirmation, we will continue to supply the Membership Services on a month-to-month basis until we receive your written cancellation. Please refer to cancellations at 11.

(10) Any one-off payments for Membership Fees which are not part of your agreed level of membership are payable on order and no Membership Services will be supplied until we have received cleared payment in full.

(11) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then we may, at our discretion:

(a) immediately cease or suspend the provision of any Membership Services until we receive full cleared payment (in addition to interest, where applicable). No rights will pass to you until such time as we have received full cleared payment for all sums outstanding to us;

(b) reserve the right to charge interest at the rate of 12% per annum from the date that payment is due until we receive full cleared payment, inclusive of interest; and

(c) recover reasonable additional costs incurred in chasing and obtaining payment should this be necessary.

(12) Time limits provided are estimates only. We will carry out the Membership Services within a reasonable time.  We cannot be held responsible for any delays to, nor any failure to provide or any unavailability of the Membership Services. In particular, but not exhaustively, we will not be responsible for any delays or failure to provide Membership Services as a result of:

(a) Force Majeure (defined below) or any other cause or circumstances beyond our control; and/or

(b) any failure on the part of any Supplier or other third party in the provision of the Membership Services.

(13) A “Force Majeure” event is any cause beyond our reasonable control including, but not limited to, acts of God, accidents, fire, explosion, war, insurrection, civil strife, epidemic, pandemic, riots, strikes, lockouts, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and government action which materially affects our ability to perform our obligations hereunder.

(14) We provide no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, of anything we send to you or in your use of the Website.

(15) If we have specifically agreed to supply any information, report or documentation, they will be in whatever format and contain the information that we, in our sole and absolute discretion, deem appropriate.

(16) In your use of the Website, you warrant that you will at all times act in accordance with all applicable laws, rules and/or regulations, as may be amended from time to time.

5      SUPPLIER SERVICES

(1) Suppliers will make available their Supplier Services and/or products available to you, either as described on the Website or as otherwise communicated with you. Information provided may include:

(a) details of the Supplier and exactly what Supplier Services are to be provided; and

(b) the date Supplier Services and/or products are to be provided; and

(c) the price to be paid by you, including whether any VAT is due and how and when it is payable; and

(d) the terms and policies which relate to the experience and Supplier Services and/or products; and

(e) how you can place an order and purchase.

(2) Each experience is unique and will have different terms and policies applicable to it so you must read those carefully before you place an order. You must raise any queries with us or with the Supplier before placing an order.

(3) If you wish to purchase any Supplier Services and/or products you should follow the procedure detailed on the Website. 

(4) We assist Members and Suppliers and facilitate purchases and payment transactions for purchases but we are not a party to any agreement between a Member and a Supplier.

(5) After placing your order the Supplier will provide Supplier Services as you have agreed with them and subject to their terms and conditions.

(6) Unless the Supplier Services and/or products provide otherwise you will find that:

(a) Any deposits paid are non-refundable;

(b) Supplier Services must be paid for when you place an order; and

(c) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then unless their terms and conditions of business state otherwise, Suppliers reserve the right to:

(i) immediately cease or suspend the provision of any Supplier Services and/or products until they receive full cleared payment; and

(ii) charge interest at the rate of 8% per annum on the amount outstanding from the date that the invoice was due to be paid until they receive cleared payment of all outstanding amounts and may recover reasonable costs in obtaining payment.

6      ORDERING OUR SERVICES

(1) You may place an order on our Website for Our Services. Please read and check your order and the applicable prices carefully before submitting it. You will be able to correct any errors before submitting your order to us.

(2) When you place your order (for example when you click on the ‘pay now’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us. We will only accept your order when we email you to confirm the order.

(3) Before confirming your order, we may contact you to say that we cannot accept your order. This is typically because we cannot carry out Our Services, we cannot authorise your payment or there has been a mistake on the pricing description of Our Services.

(4) Time limits provided are estimates only. We will carry out Our Services within a reasonable time.  We cannot be held responsible for any delays to, nor any failure to provide or any unavailability of Our Services. In particular, but not exhaustively, we will not be responsible for any delays or failure to provide Our Services as a result of:

(a) Force Majeure (defined above) or any other cause or circumstances beyond our control; and/or

(b) any failure on the part of any supplier or other third party in the provision of Our Services.

(5) You shall pay to us a service fee in consideration of us providing you with Our Services (“Service Fee”). Each experience is unique and will have different Service Fees that are applicable. Please check the details carefully or contact us for further information.

(6) Any deposits paid in respect of the Service Fee are non-refundable, unless stated otherwise herein as concerns Consumers.

(7) Unless otherwise stated, payment of Our Fees must be made [ ].

(8) Where the Service Fee or any part thereof is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then we may, at our discretion:

(a) immediately cease or suspend the provision of Our Services until we receive full cleared payment (in addition to interest, where applicable). No rights will pass to you until such time as we have received full cleared payment for all sums outstanding to us;

(b) reserve the right to charge interest at the rate of 12% per annum from the date that payment is due until we receive full cleared payment, inclusive of interest; and

(c) recover reasonable additional costs incurred in chasing and obtaining payment should this be necessary.

7     YOUR EXPERIENCE

(1) Lead Name

Where you are ordering an experience on behalf of a group, the lead name on any booking made with us accepts the full responsibility of collecting the full amount payable for the booking and indemnifies us against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our Terms and Conditions. The lead name is also responsible for the completion of the online guest list, where applicable, on behalf of all persons on the booking. It is understood that those booking via email or telephone with us, agree to and accept our Terms and Conditions in their entirety.

(2) Payment & Deposits

Deposits are payable at the time of booking the experience and the balance of payments are split into the following phases:

(a) An agreed non-refundable non-transferable deposit is payable at the time of booking.

(b) The final balance is to be paid no less than 56 Days (eight Weeks) before the date upon which your event is due to start. Failure to pay by this date will result in a £10.00 per person late payment charge.

(c) If you do not make your deposit payments by the due dates given then you shall be deemed to have cancelled the experience. Deposits are used by us to enter into the contractual arrangements on your behalf with suppliers and are non refundable.

(d) Payments can be made with a valid Credit Card or Debit Card or via online bank transfers 

(3) Accommodation

If your booking includes accommodation, the named accommodation will remain confidential to us and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier.

(4) Alterations and Surcharges Applied By Us

If due to circumstances beyond our control it becomes necessary to substitute an alternative Supplier, or make any other alterations to the experience (including but not limited to accommodation) we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our reasonable opinion, so substantial as to materially alter the experience booked and you are unwilling to accept them then you may cancel the event and we will provide you with a refund of the cost of the event paid to us. Surcharges may be applicable where an event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the event of which we are not held responsible for and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the booking or an event (including accommodation) is number dependent. 

(5) Alterations made by You

We shall try to accommodate any reasonable changes you wish to make to the experience. Alterations and amendment requests should be made with us and not the suppliers and should be made in writing to us by the lead name. These changes shall not be deemed accepted until we have confirmed the change in writing to you. If you wish to increase or decrease the number of persons participating in the experience you may do this up to six weeks prior to the date upon which your event is due to start. Amendments after that date will incur our administration charge of £10.00 per person. Changes such as arrival / departure dates and destination changes will also be subject to our administration charges. We cannot guarantee that the change to the price will be on a pro-rata basis, but will depend upon the arrangements we are able to make with our suppliers. Subject to our written agreement, and to the extent possible, you may transfer your booking to an alternative person who satisfies all the conditions applicable to the event. 

(6) Your Obligations

You shall at all times behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the event. If you, in our reasonable opinion, breach these obligations we may cancel or curtail the event or any part of it and in such circumstances you shall not be entitled to any refund.

(7) Insurance

You shall take out insurance suitable for your needs (including delays for events involving travel by land, sea, or air) before the event.

8      YOUR RIGHTS AS A CONSUMER

(1) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Services that we provide to you must be carried out with reasonable care and skill. In addition:

(a) where the price has not been agreed upfront, the cost of the Services must be reasonable; and

(b) where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

9      OUR OBLIGATIONS

(1) We shall use reasonable care and skill when providing the Membership Services and comply with all applicable laws. 

(2) Where possible, we shall reschedule an experience instead of cancelling it, or offer a refund to you of the cost to us of the experience.

(3) All of the photographs and illustrations we use on our Website and in literature (including quotations) that we send to you are for marketing purposes and may not entirely accurately represent the actual products / services offered.

10 MEMBER OBLIGATIONS

As a Member you confirm and agree that:

(1) You understand that we provide Membership Services by bringing together members and Suppliers and we do not supply Supplier Services, where applicable. Therefore, as mentioned above, we have no liability in respect of any Supplier Services.

(2) You will enter into a formal agreement with your chosen Supplier. This means that you will be required to comply with the terms and conditions of that Supplier and that you will be liable to make the agreed payment for their Supplier Services as and when it becomes payable. We always advise that you read and understand the information provided by any Supplier, including their terms and conditions and, where applicable, take advice.

(3) Membership Services are provided to you on the basis of the details and information you supply so it is important that you provide detailed and accurate information to us.

(4) You are happy for us to share your details and any information which you provide with Suppliers for the purposes of providing the Supplier Services.

11      CANCELLATION AND TERMINATION

(1) Cancellation by Us 

(a) We may cancel the experience or any part of it:

(i) for safety reasons if we or our supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome; If we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our suppliers or to property belonging to our suppliers;

(ii) If a Supplier or Suppliers are unable to host the event for any reason; 

(iii) If changes you wish to make to the booking mean it is uneconomical or impractical to hold the event.

(b) If we cancel the whole of the experience, we shall use our best endeavours to rearrange the experience on an alternative mutually convenient date, or provide a refund to you of the cost to us of the experience. Save as above we shall be under no further liability to you for cancellation of the event or any part of it.

(2) Failure to Provide an Experience

If, due to reasons beyond our control, an event is unable to take place due to (but without limitation); closure of premises, ceases of trading, a change in supplier management, weather restrictions, we will provide you and your group with an alternative experience and if this is does not prove possible, a refund to you of the cost paid to us, of the event. 

(3) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provides consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) with the right to cancel some orders made at distance. Consumer customers have 14 days from:

(i) receipt of your order for products; or

(ii) the date of the order for services

(4) This section does not affect the rights you have if your services are faulty. Further details are provided below.

(5) Cancelling Membership Services

(a) Consumer rights – Since our Membership Services are available for your immediate use, to enable you to access these within the 14 day period for cancellation you expressly request that the Membership Services are to be available immediately on payment and so waive any applicable cancellation rights including but not limited to any available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(b) Otherwise you can terminate your use of our Membership Services by letting us know in writing, using the contact details listed above, giving us 30 days written notice. However, where Membership Services are for an initial 12 month agreement and you have not already paid for the 12 months’ membership fees, then you must pay the balance of your membership fees due within 30 days of the date of your notice of cancellation. No refunds of pre-paid fees will be made. Additionally, in this case deposits will be non-refundable.

(6) Any agreement between us will automatically terminate if either party, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect; ceases to carry on its business or substantially the whole of its business; is declared insolvent; convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

(7) We reserve the right to deny access to the Membership Services immediately without liability if, in our sole opinion, any of the following occurs:

(a) you have not provided full or accurate information;

(b) you are acting inappropriately, fraudulently or illegally;

(c) you are using the Website for your own personal commercial gain other than for the intended use of the Website;

(d) you default on payment;

(e) you share your membership access with an unauthorised third party;

(f) you act in any way in abuse of the Membership Services, Website or these Terms and Conditions.

(8) Cancelling Our Services

(a) Where you expressly request that Our Services are supplied immediately or within the 14 days period provided for cancellation, then you will waive any applicable cancellation rights, including but not limited to any available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(b) Where Our Services are supplied immediately or within the 14 days period provided for cancellation you should let the relevant Supplier know this directly, in writing, within 14 days of the date that you order Our Services, using the address above. 

(c) Please note that where you cancel an order for Our Services which have been supplied during the cancellation period, you agree to pay for those Supplier Services which have been supplied to you until the date of cancellation.

(d) When you cancel an order for Supplier Services and any refund is due, the Supplier will refund you directly. Refunds are made using the same payment method that you used to pay.

(e) If the Membership Services are cancelled outside of the initial 14 day period, a cancellation fee is calculated according to the date on which we receive written notice of your wish to cancel. If you cancel with us more than three weeks in advance of the experience/travel date (as applicable) then the cancellation fee is a minimum of 35% of the total booking cost, or the total amount paid to us at that time on the booking. If you cancel with us within one week of the experience/travel date (as applicable) then the cancellation fee is 100% of the total cost of the booking.

(9) Cancelling Supplier Services

(a) Where you expressly request that Supplier Services are supplied immediately or within the 14 days period provided for cancellation, then you will waive any applicable cancellation rights including but not limited to any available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(b) Where Supplier Services are supplied immediately or within the 14 days period provided for cancellation you should let the relevant Supplier know this directly, in writing, within 14 days of the date that you order Supplier Services, using the Supplier address provided on the Membership Confirmation relating to your purchase. 

(c) Please note that where you cancel an order for Supplier Services which have been supplied during the cancellation period, you agree to pay for those Supplier Services which have been supplied to you until the date of cancellation.

(d) When you cancel an order for Supplier Services and any refund is due, the Supplier will refund you directly. Refunds are made using the same payment method that you used to pay.

(e) If the Membership Services are cancelled outside of the initial 14 day period, a cancellation fee may be payable.

(10) General Cancellation Rights for Supplier Services

(a) Aside from the Consumer Cancellation rights, each Supplier will supply their own information about terminating an agreement with them. With some Suppliers you may have a minimum agreement period, so please check your proposal carefully.

(b) You will be responsible for payment of any Supplier Services provided until the date of termination.

(11) If the contract between us is ended it will not affect our right to receive any money which you owe to us under hereunder.

.12       QUERIES, COMPLAINTS, DISPUTES AND NOTICES

(1) Queries and complaints about us, our Membership Services or the Website must be addressed in writing to us, using our address at above. We aim to respond within 7 working days of receipt. If any cause of complaint may amount to a breach of any of these Terms and Conditions, then you must allow us 30 days to remedy that breach.

(2) If the Services we have provided to you are faulty, please contact us using the contact details above. If you are a Consumer, under the Consumer Rights Act 2015, you can ask us to repeat or fix the respective services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix the problem.

(3) In the event of a dispute between us, you agree to attempt to settle any dispute in good faith and, as we request, by mediation before any arbitration or litigation is commenced. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution in relation to complaints.

(4) Notices to us must be in writing either by:

(a) email to us at info@thesybarite.org, using the email address on the proposal or the Membership Confirmation, as applicable. Notices by email are deemed to have been received on the day on which they were sent following a valid successful delivery receipt being retained by the sender; OR

(b) post to our address above, using the address on the proposal or the Membership Confirmation, as applicable, using a tracked service where the sender retains details of posting and a signature is obtained from or on behalf of the addressee. Notices by post will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.

(4) If the Supplier Services do not comply with what the Supplier has agreed to supply then you should let the relevant Supplier know this in writing directly.

(5) Please also let us know if you are dissatisfied with a Supplier, by contacting us.

13    LIMITATION OF LIABILITY AND INDEMNITY

(1) IN SO FAR AS THE LAW PROVIDES AND SUBJECT TO CLAUSES 13(2) AND 13(3) BELOW WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU, ANY SUPPLIER OR ANY THIRD PARTY, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO AS A RESULT OF ANY NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, WHETHER DIRECT OR INDIRECT:

(i) LOSS OF PROFITS OR FUTURE PROFITS;

(ii) LOSS OF SALES OR BUSINESS;

(iii) LOSS OF ANTICIPATED SAVINGS OR REVENUE;

(iv) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION;

(v) LOSS OF OR DAMAGE TO GOODWILL;

(vi) LOSSES THAT WERE NOT FORESEEABLE TO YOU AND US WHEN THE CONTRACT WAS FORMED;

(vii) INDIRECT LOSS;

(viii) LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART; AND

(ix) LOSSES TO NON-CONSUMERS..

(2) NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS AN ATTEMPT TO EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BY BE EXCLUDED BY LAW.

(3) NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR LEGAL RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 (ALSO KNOWN AS ‘STATUTORY RIGHTS’).

(4) EXCEPT AS EXPRESSLY STATED IN OUR TERMS AND CONDITIONS OR THOSE STATUTORY WARRANTIES WHICH APPLY TO CONSUMERS, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, ARE HEREBY EXCLUDED IN RELATION TO THE SERVICES TO BE PROVIDED BY US.

(5) IF YOU HAVE A PROBLEM IN RELATION TO YOUR BOOKING THEN YOU MUST CONTACT THE APPROPRIATE PERSON(S) AT THE EARLIEST OPPORTUNITY.

(6) IF YOU ARE NOT A CONSUMER CUSTOMER, UNLESS THERE IS A VALID REASON WHY YOU DID NOT REPORT THE PROBLEM TO THE APPROPRIATE PERSON(S), WE WILL NOT CONSIDER OURSELVES LIABLE FOR THOSE COMPLAINTS. YOU MUST WRITE TO US WITHIN 7 DAYS OF THE CONCLUSION OF THE EVENT. NO COMPLAINT WILL BE ACCEPTED OUTSIDE OF THIS TIME FRAME THUS DEEMING YOU FULLY SATISFIED WITH ALL ASPECTS OF THE EVENT AND THE MEMBERSHIP SERVICES WE HAVE PROVIDED TO YOU. WE WILL ACKNOWLEDGE ANY CORRESPONDENCE WITHIN 5 WORKING DAYS AND ENDEAVOUR TO DEAL WITH THE COMPLAINT AS QUICKLY AS POSSIBLE. FOR THE AVOIDANCE OF DOUBT OUR LIABILITY SHALL BE LIMITED AS PER THIS CLAUSE 13.

(7) IN RELATION TO NON-CONSUMER CUSTOMERS, EXCEPT AS PROVIDED UNDER CLAUSES 13(2) AND 13(3), IN THE EVENT THAT WE BREACH ANY OF THESE TERMS AND CONDITIONS, YOUR REMEDIES ARE LIMITED TO DAMAGES WHICH WILL, IN NO CIRCUMSTANCE WHATSOEVER, EXCEED ANY FEE PAID FOR THOSE SERVICES, IN THE PRECEDING 12 MONTH PERIOD.

(8) YOU SPECIFICALLY AGREE TO INDEMNIFY US AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING ANY LEGAL FEES, KNOWN AND UNKNOWN, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR BREACH OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE.

14    INFORMATION AND DATA PROTECTION

(1) Any Membership Services we provide to you will be reliant on information and details provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date.

(2) Any data shared with us will be held and processed according to current applicable Data Protection legislation subsisting in England at the time of any applicable agreement between us. We are responsible as ‘controller’ of that personal information for the purposes of those laws. For further information, please refer to the Privacy Policy on the Website.

(3) You specifically agree that your data can be shared with Suppliers in order that Supplier Services can be provided to you. Where your data is shared we will ensure appropriate safeguards are in place to protect your data.

15    GENERAL

(1) Other than as specifically provided for, nothing in these Terms and Conditions is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any agreement with us.

(2) You agree that nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between us.

(3) We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from a Force Majeure event. In such circumstances we are entitled to a reasonable extension of our obligations.

(4) Nothing in these Terms and Conditions and no express or implied waiver by us in enforcing any of our rights shall prejudice our rights to do so in the future.

(5) Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.

(6) Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we first agree in writing.

(7) Governing Law and Jurisdiction – These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.