Terms and Conditions

1 INTERPRETATION

1.1	In these conditions (“Conditions”): “Charges” means the charges for the Services; “Client ” means the person, firm or company who purchases the Services from DMM and this term shall also be deemed to include all persons, firms or companies on behalf of whom that person or entity purchases the Services from DMM; “Contract” means any contract between DMM and the Client which incorporates these Conditions; “DMM” means Dusty Miller Management Limited (a company registered in England and Wales under registered number 4349299); “Event” means the function, match, event or occasion in respect of which the services are provided; “Reservation” means a booking, reservation or other similar request for the Services by the client; and “Services” means the services and arrangements DMM will provide to the Client under the Contract.
1.2	Paragraph headings shall not affect the interpretation of these Conditions.
1.3	Words in the singular shall include the plural and vice versa.

2 APPLICATION

2.1	These Conditions shall apply to and be incorporated into the Contract and prevail over any inconsistent terms or conditions contained, or referred to, in the Client's purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
2.2	The Client may be required to enter into separate obligations with either DMM or directly with the relevant hotel in relation to any hotel bookings which may be required in connection with the Event.
2.3	No variation to these Conditions shall be binding unless agreed to in writing by DMM.

3 CONTRACT

3.1	A Reservation shall be deemed to be an offer by the Client to purchase the Services subject to these Conditions.
3.2	No Reservation shall be deemed to be accepted until DMM confirms the Reservation in writing, by e-mail or by telephone subject to availability and payment of the Charges.

4 CHARGES

4.1	Unless otherwise stated all Charges are exclusive of VAT.
4.2	DMM reserves the right to alter the Charges at any time prior to the Event to cover increased costs incurred in providing the Services.

5 TERMS OF PAYMENT

5.1	The Client shall pay the Charges to DMM as follows: 5.1.1 for a Reservation accepted by DMM 60 days or less prior to the Event, the Client shall pay all the Charges within 7 days of DMM's acceptance of the Reservation. 5.1.2 for a Reservation accepted by DMM more than 60 days prior to the Event, the Client shall pay 50% of the Charges (or such proportion of the Charges as DMM stipulates) within 7 days of DMM's acceptance of the Reservation and the balance no later than 60 days before the Event.
5.2	Time for payment shall be of the essence.
5.3	No payment shall be made until DMM is in receipt of cleared funds.
5.4	In the event the Client fails to pay any amounts due under the Charges within the time limits stipulated under clause 5.1, DMM shall be entitled at its discretion to treat the Contract as terminated and reallocate the Services to third parties without reference to the Client or charge the cancellation charges set out in clause 11.2 and/or forfeit the deposit referred to in clause 5.1.2

6 EXTRAS

Any extra services provided by DMM at the Client's request (not included with the original Services) are chargeable and will become due for payment within 7 days of any invoice issued to the Client in respect of the extra services.

7 LATE PAYMENT

If the Client fails to pay any amounts due under the Contract the Client will be liable to pay interest to DMM on such sums from the due date for payment at the annual rate of 2% above the base lending rate from time to time of The Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgment.

8 TICKETS

8.1	DMM is under no obligation to issue tickets and other documents for the Event until it receives full payment of the Charges.
8.2	In the event the Client does not collect tickets and other documents relating to the Event from DMM and requires DMM to post these items, risk in these items shall pass to the Client upon the items being posted to the address provided by the Client.
8.3	Any tickets or hospitality provided under the Services are for the use of the Client and his guests only. The Client shall not resell or transfer any tickets or hospitality provided under the Services without the prior written consent of DMM.
8.4	The Client shall not use any tickets or hospitality provided under the Services for the purposes of a prize or incentive or in a raffle, lottery or draw without the prior written consent of DMM.
8.5	Any tickets or hospitality obtained in breach of clauses 8.3 and 8.4 shall be void and any person using tickets or hospitality in breach of clauses 8.3 and 8.4 is liable to be refused admission or ejected from the Event.

9 LIABILITY OF DMM

9.1	Nothing in these Conditions excludes or limits the liability of DMM for death or personal injury caused by its negligence or fraudulent misrepresentation.
9.2	Subject to clause 9.1, DMM shall not be liable for any indirect economic or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
9.3	Subject to clause 9.1, DMM's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Contract is limited to the Charges.
9.4	For the avoidance of doubt DMM has no responsibility for the property and personal effects of the Client and his guests.
9.5	It is the sole responsibility of the Client to obtain adequate insurance against cancellation or postponement of the Event for whatever reason.
9.6	DMM is not liable for the non-appearance of any individual, artist, performer, player or participant at the Event.

10 CANCELLATION BY CLIENT

10.1	The Client shall notify DMM by writing to Dusty Miller Management Limited, 15 Grosvenor Court, Chester CH1 1HG in the event it wishes to cancel the Services.
10.2	Upon receiving the notification set out in clause 10.1, DMM shall be entitled to charge the following cancellation charges: 10.2.1 for Services cancelled by the Client more than 60 days prior to the Event, the Client shall pay 50 % of Charges; 10.2.2 for Services cancelled by the Client 60 days or less prior to the Event, the Client shall pay all of the Charges.
10.3	The contract shall be treated as terminated in the event that the Client makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual of firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) and the cancellation charges set out in clause 10.2 shall apply.
10.4	Payment of cancellation charges is due within 7 days of any invoice issued in respect of cancellation charges.

11 ALTERNATION OF SERVICES REQUESTED BY CLIENT

DMM will endeavour to accommodate any changes or alterations to the Services requested by the Client but is not obliged and cannot guarantee to do so.

12 MATTERS BEYOND REASONABLE CONTROL OF DMM

12.1	DMM shall not be liable for any matter beyond its reasonable control which result in the Event being altered or cancelled or in DMM being unable to provide the Services including, without limitation, weather conditions, acts of God, governmental actions, national emergency, acts of terrorism, protests, strikes, riot, or civil commotion.
12.2	Where DMM is unable to provide the Services due to the alteration or cancellation of the Event by a third party who arranges the Event, DMM will endeavour to provide a suitable alternative and the Client agrees to accept the suitable alternative or to secure a refund for the Client only of any monies paid to a third party but is not obliged and cannot guarantee to do so.

13 CHANGES TO SERVICE BY DMM

DMM will endeavour to provide the Services but reserves the right at its discretion to alter, amend or change the Services (including alterations, amendments or changes in time, date and venue) should it be found necessary to do so and shall have no liability to the Client for such alterations, amendments or changes except for refund of any monies no longer required to be paid to a third party

14 SUITABILITY

14.1	DMM provides no warranty that the Event shall take place at the time and place stipulated or at all.
14.2	DMM provides no warranty as to the quality, suitability or otherwise of the Event.

15 THIRD PARTIES

15.1	DMM in providing the Services contracts with third parties in relation to the Event.
15.2	DMM acts only as agent of the Client in contracting with third parties and no liability shall attach to DMM in connection with or arising out of the acts or omissions of third parties or their servants, agents or employees.
15.3	The Contract shall be subject to any terms and conditions of third parties with whom DMM contracts in relation to the Event, any terms and conditions of the organisers of the Event and any terms and conditions of the venue where the Event is held. DMM shall use all reasonable endeavours to bring those terms and conditions to the attention of the Client prior to the Contract being entered into but shall not be held liable in any way where this was impracticable.
15.4	DMM has no control over the running of the Event and all details or descriptions of the Event are for guide purposes only.

16 DATA PROTECTION

The Client acknowledges and agrees that details of the Client's name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of DMM in connection with the Services.

17 AUTHORITY OF DMM

17.1	The Client and his guests will comply with all reasonable instructions given by DMM.
17.2	The Client and his guests are expected to maintain a reasonable standard of behaviour at the Event.
17.3	The Client and his guests will not introduce any signage or other promotional material at the Event without the prior written consent of DMM.

18 THIRD PARTY RIGHTS

The parties to this Contract do not intend that the Contract will be enforceable by any person that is not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.

19 APPLICABLE LAWS

The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.