1. The Contract
A contract shall be deemed to be made under the Terms and Conditions set out herein between Will Carling Management Limited and The Booking Client when The Booking Client has confirmed requirements in writing and Will Carling Management Limited has accepted such booking. Both The Booking Client and those on whose behalf it is booking shall act in compliance with, and be legally bound by, these Terms and Conditions at all times and The Booking Client shall bring these terms promptly to the attention of any such third party for this purpose.
2. Deposit, Full Balance, Cancellations
a) A non-refundable deposit of 25% of the overall cost of the booking must be paid within seven days of the issue of the invoice, and the balance must be paid two calendar months before the date of the event. If these limits are not adhered to Will Carling Management Limited, at its sole discretion, reserves the right to cancel and reallocate all bookings without first informing the Booking Client.
b) All cancellations must be made in writing and are effective from the date they are received in the office of Will Carling Management Limited.
c) If a booking is cancelled by The Booking Client at any time after Will Carling Management Limited has accepted the booking, The Booking Client must pay a charge to compensate Will Carling Management Limited for the expenses and losses, which will be incurred as a result of the cancellation. The following scale of cancellation charges will apply:
Time before event Cancellation charge as a percentage of total package cost (excluding VAT)
More than 4 months 25%
Between 2 and 4 months 50%
Between 1 and 2 months 75%
Under 1 month 100%
d) If the event is cancelled for any reason, including national emergency, outbreak of war, prohibitive governmental regulations, strikes or inclement weather conditions or any other cause beyond the reasonable control of Will Carling Management Limited, no refunds will be made.
3. Limitation of Liability
Will Carling Management Limited shall not be liable for any loss, death, injury or damage howsoever caused to any person or property, except where such loss, death, injury or damage is a result of the negligent acts or omissions of Will Carling Management Limited. Any claim to which legal liability is established shall not include damages for indirect or consequential loss.
4. The Advertised Packages
a)Will Carling Management Limited will use its best endeavours to adhere to the advertised package, though any component part of the package including but not limited to, timings, dates, prices and arrangements may be altered, omitted or amended by Will Carling Management Limited at its total discretion, and at any time.
b)Should Will Carling Management Limited alter, omit or amend the advertised package pursuant to Clause 4a) of these Terms and Conditions, The Booking Client shall be entitled to cancel the booking. In such circumstances, The Booking Client shall accept a refund of the moneys paid to Will Carling Management Limited as full and final settlement of the cancelled booking.
c)When an amendment or change entails the payment to Will Carling Management Limited by The Booking Client of a sum greater than that originally shown in the advertised package the difference must be paid to Will Carling Management Limited before the tickets are issued to The Booking Client.
All accounts for service and goods, which are not covered by an inclusive package price will become due for payment within seven days of receipt of the invoice.
All packages offered are subject to availability. All prices exclude VAT.
7. Entire Agreement
These Terms and Conditions set out the entire agreement between Will Carling Management Limited and The Booking Client. They supersede any prior proposal, assurance, agreement, understanding or arrangement, whether oral or written, between Will Carling Management Limited and The Booking Client in relation to the specific bookings to which they apply. The Booking Client does not rely on any statement assurance or understanding, which is not set out herein.
8. Waiver and Severability
Should any part of these Terms and Conditions for any reason prove ineffective or unenforceable the validity of the remaining Terms and Conditions shall not be affected and shall be enforceable. No delay or omission on the part of Will Carling Management Limited in exercising any right, power or remedy provided by law in compliance with these Terms and Conditions shall impair such right, power or remedy, or operate as a waiver thereof.
The headings in these Terms and Conditions are inserted only for convenience and shall not affect their construction.
These Terms and Conditions will be governed by and interpreted in accordance with the laws of England and both Will Carling Management Limited and The Booking Client shall irrevocably submit to the jurisdiction of the English courts.
11. No Partnership, Agency or Joint Venture
If, in making a booking with Will Carling Management Limited, The Booking Client is making arrangements on behalf of third parties the booking is subject to the condition that, except with Will Carling Management Limited’s prior written consent, The Booking Client shall not (nor authorize any third party to):
a) make any representation nor give any warranties on behalf of, or in the name of Will Carling Management Limited nor incur or create any expense chargeable to, nor pledge the credit of Will Carling Management Limited;
b) associate itself with Will Carling Management Limited nor use nor allow anyone to use the name, logo or trademarks thereof including without limitation in the promotion or advertisement of any product or service;
c) do not allow to be done any act or thing which will harm, misuse, bring into disrepute, impair or otherwise adversely affect the rights and interests (including goodwill) in the name, logo and/or trademarks of Will Carling Management Limited;
d) hold itself out to any third party as acting with the authority and/or as the agent or partner of Will Carling Management Limited;
e) represent that any hospitality, catering, ticket, travel, site facility and/or any other arrangements provided under the booking are made by The Booking Client or any person or entity other than Will Carling Management Limited; and without limitation The Booking Client acknowledges that this arrangement shall not constitute an agency, partnership, or joint venture.
The Booking Client hereby undertakes to Will Carling Management Limited, that the Booking Client will bring these booking Terms and Conditions to the attention of any third party for whom it is booking.