Terms and Conditions
The 'Hotel' means the venue where the booking is taking place. The 'Client'
means the organising body/company or individual authorised and responsible for
the commissioning and payment of the event. The term 'Contract' means the
signed contract for a specific booking or the confirmation sent by Fresh
Reservations for individual bookings. The term 'Event' means the event
described in the event contract or our confirmation document. The Term
'Booking' means any booking either group, conference, or individual. The term
'booker' means the person making the booking.
The placing of an order by a Client and the acceptance of that order by Fresh
Reservations Limited forms a binding contract on these terms and conditions
which shall prevail over any others. No variations are permitted unless
expressly accepted by one of our directors in writing. Fresh Reservations will
not be liable for any errors or omissions in information or specifications
provided by the Client.
Fresh Reservations acts as agent, except where other specific contractual
arrangements have been agreed, and cannot be held responsible for services
provided by third parties or any aspect of that relationship including any
contractual liability for transactions in which we act as intermediary between
the principal (e.g. the venue) and the Client.
3. Terms and
3.1 You agree to the terms and conditions of purchase imposed by the
principle used, which may include, but are not limited to additional duties,
taxes and related charges to the quoted rate. You understand that any violation
of the principle's conditions of purchase may result in any of the following: (i)
cancellation of your reservation(s), (ii) your being denied access to the
venue, (iii) your forfeiting any monies paid for such reservation(s) or
purchase(s), (iv) in the principle debiting your account for any costs incurred
by the hotel as a result of such violation.
3.2 You agree that Fresh Reservations is not liable for the
acts, errors, omissions, representations, warranties, breaches or negligence of
any hotel suppliers or any personal injuries, death, property damage or other
damages or expenses resulting from the use of such suppliers.
3.3 From time to time, the hotel may 'book out' your booking. Fresh
Reservations has no liability and will not make refunds for any delay,
cancellation, overbooking or other causes beyond our direct control
and Fresh Reservations has no responsibility for any additional
expenses resulting therefrom.
You agree to the cancellation terms stated at the time of booking (or when
contracting).All cancellations should be made via our office at all times,
except in the case of emergency. In the event of cancellations made directly
with the principle you are required to obtain the name of person with whom you
spoke and the cancellation reference number given to you by them. In the event
of late cancellation, Fresh Reservations accept no liability for any
costs incurred as a result of late cancellation but we will endeavour to make a
reasonable request for such charges to be waived but this decision remains
entirely at the discretion of the principle.
5. Payment of accounts
5.1 Unless otherwise agreed in writing, on Fresh
Reservations letter headed paper, the client is responsible for all
charges levied for receipt of hotel goods and services, any late
cancellation/no show charges or other charges that may apply.
6.1 The description of accommodation, facilities and/or services
supplied by principals is their sole responsibility and their accuracy is not
warranted by Fresh Reservations. The provision of a brochure, or directory by
Fresh Reservations is for guidance only and shall not be taken by clients as an
inducement to enter into a contract, as a representation by Fresh Reservations,
express or implied, or constitute an obligation on the part of Fresh
7. Force Majeure
Fresh Reservations do not accept liability or will pay any compensation
where the performance or prompt performance of our contractual obligations is
prevented or affected by, or you otherwise suffer any damage or loss, as a
result of 'force majeure'. In these Booking Conditions, 'force majeure' means
any event which we or the supplier of the service(s) in question could not,
even with all due care, foresee or avoid. Such events may include, but are not
limited to, war or threat of war, riot, civil strife, terrorist activity or
actual threatened terrorist activity, industrial dispute, natural or nuclear
disaster, adverse weather conditions, fire and all similar events outside our
8. Overdue Payments
Fresh Reservations reserves the right to charge interest on all overdue
balances at 4% over Bank of England base rate until the date payment is
received in full or alternatively, at our discretion, in line with legislation
relating to the late payment of commercial debts. Interest is charged from the
invoice date onwards if payment is not received within the agreed term.
9. Exclusion of Consequential Loss
Fresh Reservations shall not be liable for any consequential or indirect loss
(including, but not limited to; loss of profits, loss of contracts or damage to
property of the Client or anyone else, and personal injury to the Client or
anyone else, except so far as such injury is attributable to our negligence)
suffered by the Client whether this loss arises from breach of duty in contract
or tort or in any other way (including loss arising from our negligence). It is
the Client’s obligation to insure against such risks.
Neither Fresh Reservations nor the Client shall assign or transfer the Contract
or the benefits thereof to any other person without the prior written consent
of the other.
The Client agrees to fully indemnify Fresh Reservations from and against all
actions, proceedings, penalties, damages, costs, charges, demands, costs,
losses, penalties, liability, claims and expenses (including legal fees)
whatsoever incurred by us and arising from any breach of the Contract, Client
negligence or other act, omission or default.
Reservations will indemnify the Client but only against direct damage to the
Client’s property or the event venue caused by our negligence in providing the
Services by making good or compensating this damage.
12. Limitation of Liability
Each party’s liability to the other for any claim for breach of contract,
negligence, breach of statutory duty or under any indemnity or otherwise shall
be limited as follows:
• For any claim for personal injury or death caused by the other party’s negligence,
or for any other liability which cannot be excluded or limited under applicable
law no limit shall apply;
• For other claims for personal injury/death and claims for the damage to or
loss of tangible property, liability shall be limited to £1 million per claim
or series of claims arising from any one incident.
• For any other claim, each party’s liability to the other shall be limited to
the Fees for the Service in connection with which the claim arose.
In no event
shall Fresh Reservations Ltd be liable for any direct, indirect or
consequential loss, including, but not limited to, financial loss, loss of
profits, loss of sales, earnings, contracts, business, goodwill, use or loss of
data, income, anticipated savings or business interruption arising out of or in
connection with the provision of the Services.
13. Third Party Rights
Except as expressly provided for nothing in these terms confers on any third
party any benefits under the provisions of the Contracts (Rights of Third
Parties) Act 1999.
In the event of a dispute between Fresh Reservations Ltd and the
Client, These terms will be construed in accordance with English law
and Fresh Reservations and Client submit to the non-exclusive
jurisdiction of the English courts.