Terms & Conditions
RED EYE EVENTS LIMITED CONDITIONS
1.1 In these Conditions: "Booking" means a contract for the provision of our services to you; "Final Payment Date" means 8 weeks prior to departure. "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 Red Eye Events Limited.
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 your Booking.
3.2 Our acceptance of your Booking request shall be effective when we send you a written invoice at which time a Booking is made and a binding contract will come into existence between us.
4.1 The price payable is the price listed in our latest published list of prices.
4.2 We may at any time prior to confirming a Booking:
4.2.1 withdraw any discount from our normal prices;
4.2.2 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.
5. TERMS OF PAYMENT
5.1 Upon receipt of a signed booking form, an invoice will be raised and payment terms will be set out in the invoice. If payment by return is requested, then we expect you to adhere to this. In instances where a Booking is confirmed within 10 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.
6. WARRANTY AND LIABILITY
6.1 We are not liable to you or Guests, whether for negligence, breach of contract, misrepresentation or otherwise, for:
6.1.1 loss of profit, goodwill or business opportunity;
6.1.2 indirect or consequential loss or damage;
6.1.3 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.
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 Guests must notify us of any special dietary requirements at least one month before the event.
8.2 Guests are responsible to ensure that they possess of all necessary travel and health documents before departure.
8.3 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 or at any of our facilities or events.
8.4 Guests who we consider are behaving in a way that may create a danger to themselves or others will be asked to leave any of our facilities or events.
8.5 You will be liable for all damage and extra costs incurred by us as a consequence of unreasonable behaviour, carelessness or breach of Condition 8 by the Guest or Guests for whom your Booking was made.
8.6 Guests may not invite persons who are not Guests onto the yacht or to any of our facilities or events at any time.
9.1 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.
9.2 If for any reason and event is cancelled by a third party organiser who is not our employee we will reimburse you the value of any refund we receive from the organiser less 10% of the sum for which we invoiced you.
9.3 If you cancel you will be liable for 100% of the full package price. However, we will endeavour to resell the package/s on your behalf, at which point, if successful, a full refund less 10% of the full value will be made.
9.4 In this Condition 9 "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.
10.1 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 or by fax to the party due to receive the notice at its last known address.
10.2 Unless there is evidence that it was received earlier, a notice is deemed given by us:
10.2.1 if sent by post, two days after posting it; and
10.2.2 If sent by fax or email, on completion of its transmission by us.
11.1 None of the rights or obligations under a Booking may be assigned or transferred without our written consent.
11.2 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.
11.3 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.
11.4 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.
12. GOVERNING LAW
12.1 These Conditions are governed by English law.
12.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with the Conditions.