1. Definitions
In these Conditions the following words have the following meanings:
"The Company" — Hyperion Hospitality Ltd, Company Registration Number 3062319, registered office at 7 Prescott Place, London, SW4 6BS.
"The Client" — the individual, firm, company or other party with whom the Company contracts.
"The Contract" — any contract under which the Company provides Services to the Client.
"The Event" — the sporting, cultural, entertainment or other occasion to which the booking relates and in connection with which the Company provides the Services.
"Services" — the whole or any part of the services which the Company is to supply in accordance with these conditions, including hospitality, event access, corporate hosting and related arrangements.
"The Specified Rate" — 4% above the Bank of England base lending rate from time to time.
2. Contract terms
2.1 The Contract will only come into existence once the Company has received and accepted the Client's order in writing. Until acceptance the Company will not be under any obligation to the Client.
2.2 Unless otherwise agreed in writing by the Company, these Conditions will override any terms or conditions stipulated or referred to by the Client in its order or pre-contract negotiations.
2.3 Any description or specification contained in the Company's materials is intended to present a general picture of the Services and will not form a representation or be part of the Contract.
2.4 The Company reserves the right to correct any clerical or typographical errors made by its representatives at any time.
2.5 The making of a booking with us, however confirmed, shall be deemed as acceptance by the Client of these Terms and Conditions.
2.6 Whilst the Company makes every effort to ensure the availability of packages is correct, they are offered subject to availability at time of booking. If a package subsequently becomes unavailable, the Company will notify the Client and issue a full refund within 48 hours.
2.7 The Company works with a select number of clients and reserves the right to decline any enquiry or engagement at its absolute discretion.
3. Prices
3.1 Unless otherwise agreed in writing, the Company's quotations are provisional and may be altered at any time.
3.2 All prices quoted are exclusive of VAT and any other duties, taxes or charges payable in respect of the Services. The Client will pay these in addition unless otherwise stated.
3.3 The Company reserves the right to adjust the total price to take account of foreign currency exchange rates, fuel surcharges and third-party supplier surcharges. Payment of any increase will be made by the Client within seven days of invoice.
4. Payment
Payment terms for each engagement will be set out in the relevant booking confirmation or client agreement. As a general guide:
4.1 Bookings made 9 to 12 months prior to the Event: 25% deposit required at time of booking, balance due 12 weeks prior to the Event.
4.2 Bookings made 4 to 9 months prior to the Event: 50% deposit required at time of booking, balance due 12 weeks prior to the Event.
4.3 Bookings made within 4 months of the Event: 100% of the total price is due at time of booking.
4.4 Time for payment is of the essence of the Contract. The Client will make payment in cleared funds by the due date.
4.5 Without prejudice to any other rights of the Company, interest will be payable on all overdue accounts at the Specified Rate.
4.6 Non-payment on a due date will entitle the Company to demand payment of all outstanding balances whether due or not and to cancel the Contract.
4.7 Tickets and admission documents will not be issued prior to receipt and clearance of full payment.
5. Cancellation
5.1 The Company may cancel the Contract if the Client fails to make any payment when due; enters into any composition or arrangement with its creditors; has a winding up order made against it; has an administrative receiver or administrator appointed; or breaches any of these Conditions.
5.2 The Company may cancel the Contract for any reason provided it gives at least 4 weeks prior written notice to the Client. Subject to clauses 5.1 and 6, the Company will refund any monies paid by the Client but will not be under any other liability whatsoever.
5.3 Cancellation by the Client will only be accepted at the discretion of the Company if in writing. The Company will be entitled to retain the deposit paid in accordance with clause 4. In addition, any costs or expenses incurred by the Company up to the date of cancellation will be payable by the Client.
5.4 Cancellations made within 30 days of the Event may result in the full cost of the booking being retained. Cancellations made between 30 and 60 days prior to the Event may result in a partial charge. Full cancellation terms will be confirmed at the time of booking.
6. Liability
6.1 The Company will not be liable for any loss or damage whatsoever if the Event is cancelled; scheduled participants in the Event fail to attend; the time, date or venue of the Event is changed; or the Company is unable to provide the Services due to circumstances beyond its reasonable control.
6.2 Where the Company contracts with third parties in order to provide tickets or facilities for the Client, the Company acts as agent for the Client. The Company will not have any liability in respect of any direct or consequential loss arising out of the provision of goods or services by such third parties.
6.3 Any liability of the Company to the Client arising out of any breach of the Contract will be limited to the total Contract price. The Company shall have no further liability in respect of any consequential loss sustained by the Client. This clause is without prejudice to any liability of the Company for death or personal injury arising out of negligence.
6.4 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
6.5 We strongly recommend that clients take out appropriate travel and event insurance to cover the risk of cancellation, curtailment and other unforeseen circumstances.
7. Variation of arrangements
7.1 Where the Event is cancelled or the date or venue of the Event is changed, the Company will use its reasonable endeavours to offer the Client an alternative. If the Client accepts the alternative, the Company will be entitled to vary the total price accordingly.
7.2 If the Client rejects the alternative, the Company will be entitled to treat the Contract as cancelled by the Client and clause 5.3 will apply.
7.3 The Company will not be under any liability to the Client if it is unable to offer an alternative. The Company will be entitled to claim any costs or expenses already incurred but will refund any other monies paid by the Client.
8. Assignment
The Client shall not be entitled to assign or part with the benefit of this Contract. The Client shall only use the Services for its own benefit and for its invited guests, who shall not under any circumstances be charged by the Client for attending the Event.
9. Confidentiality
9.1 Hyperion Hospitality treats all client information with the utmost discretion. We will not disclose details of any client relationship or engagement to any third party without the client's consent, except where required by law.
9.2 We ask that clients treat information about Hyperion Hospitality's services, pricing and arrangements as confidential and do not share it with third parties without our prior agreement.
9.3 All intellectual property rights in this website and its content belong to Hyperion Hospitality Ltd or its licensors. You may not copy, reproduce or distribute any content without our prior written consent.
10. General
10.1 These Conditions and the Contract are governed by English Law. All parties to the Contract agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
10.2 If any provision of these Conditions becomes illegal or void for any reason, the validity of the remaining provisions shall not be affected.
10.3 Failure by the Company to enforce strict compliance with these Conditions by the Client will not constitute a waiver of the Company's rights.
10.4 Eventmasters has no control over the running of any Event and all details and descriptions in relation thereto are for guidance purposes only.
10.5 The Company has no responsibility for any property or personal effects left at any Event.
10.6 We reserve the right to update these Terms and Conditions at any time. The version in force at the date of any booking will apply to that booking.
Hyperion Hospitality Ltd | 7 Prescott Place, London, SW4 6BS | Company No: 3062319 | enquiries@hyperionhospitality.co.uk