“Booking Confirmation” means the acceptance of an application for Hospitality Services which has been issued by the Organiser through the Online Booking System.
“Data Protection Laws” means any applicable laws or regulations which governs the collection and processing of personal data including (without limitation and as applicable) the Data Protection Act 2018 and the General Data Protection Regulation (EU 2016/679) (GDPR).
“Hospitality Customer” means any person or company to whom hospitality services are allotted under the Booking Confirmation within The Phoenix Club at The London International Horse Show 2022 and shall include all staff, employees, servants and agents of such person or company.
“Hospitality Guest” means any person invited by the Hospitality Customer into the Phoenix Club.
“Hospitality Services” means the hospitality package which includes a seat in the arena and access to the Phoenix Club, at The London International Horse Show 2022
“Organiser” means Clarion Events Limited, the owner and presenter of the Show.
“Hall” means the exhibition halls in which the Show shall take place.
“Hall Owner” means the proprietor of the Venue, together with its agents, employees and workmen.
“Online Booking System” means the online booking system located at www.londonhorseshowboxes.com
“Show” means The London International Horse Show which will take place at ExCeL London on 16th to 20th December 2023.
The Organiser reserves the right to accept or reject any application from any potential Hospitality Customer. A binding contract shall come into force only when the Organiser has confirmed the booking through the Online Booking System.
The person or persons making the application for the hospitality services on behalf of the Hospitality Customer shall be deemed to have full authority to do so on behalf of the Hospitality Customer and the Hospitality Customer shall have no right to claim against the Organiser that such person or persons did not have such authority.
Subject to the rights of the Organiser and the Hall Owner set out in these terms and conditions, the Hospitality Customer shall be entitled to occupy the designated seat in the arena and the use of the hospitality facilities in the Phoenix Club performance for the duration of the performance(s) at the Show set out in the Booking Confirmation. The Hospitality Customer shall not assign the benefit of this Agreement or sublet the hospitality services without the prior written consent of the Organiser. Hospitality Customer guests may be photographed, filmed and sound recorded for broadcast during the event. The Hall Owner and the Organiser reserve the right, at any time and for any reason, to (1) deny the Hospitality Customer entry to the Show (2) revoke any right that the Hospitality Customer may have at the Show.
The Hospitality Customer shall pay to the Organiser the fee for the booking of the Hospitality Services and any additional tickets or other products, or services, costs or expenses set out in the Booking Confirmation. The Hospitality Fee shall be due and payable to the Organiser on the date and at the time that the Hospitality Customer makes the application for the booking. The Organiser reserves the right to refuse to let the Hospitality Customer enter the Show if the Organiser has not received the Hospitality Fee from the Hospitality Customer on or before the due date.
- Cancellation by Hospitality Customer
If the Hospitality Customer wishes to cancel its booking of the Hospitality Services at any time, the Hospitality Customer must notify the Organiser in writing and the Hospitality Customer shall remain liable to make any payment due to the Organiser pursuant to these terms and conditions.
- Obligations of Hospitality Customer and Hospitality Customer Guests
The Hospitality Customer shall not and shall ensure that the Hospitality Customer Guests shall not, do, cause, permit or suffer to be done at the Show anything which shall, in the opinion of the Organiser, constitute a nuisance or which may be an infringement of, or contravene, any licence held by the Organiser or the Hall Owner or its appointed catering contractor.
All belongings brought into the Show by the Hospitality Customer or Hospitality Customer Guests shall be the sole responsibility of and at the sole risk of the Hospitality Customer or Hospitality Customer Guests. The Hospitality Customer shall not and shall ensure that the Hospitality Customer Guests shall not, bring any food or drink into the Show without the prior written consent of the Organiser.
The Hospitality Customer shall, and shall ensure that Hospitality Customer Guests shall, comply with any and all policies or directions notified (either orally or in writing) to it by the Organiser whilst in the Show or the Hall. For the avoidance of doubt, the Hospitality Customer shall not and shall ensure that Hospitality Customer Guests shall not, whilst at the Show (including whilst in the Box or on the Hall premises) smoke (including the smoking of a cigarette, cigar, electronic device or anything similar). The Hospitality Customer will be responsible for and liable to the Organiser for the conduct of all Hospitality Customer Guests at the Show (including on the Hall premises).
- Powers and Discretion of the Organiser
The Organiser reserves the right to refuse any person admission to the Show or access to the Hospitality Services or remove from the Show any person whose presence in the opinion of the Organiser is or is likely to be undesirable and the Organiser may exercise such rights not withstanding that any person is the staff, employee, servant or agent of the Hospitality Customer or a Hospitality Customer Guest or otherwise in any way connected or associated with the Hospitality Customer.
- Limitation of Organiser’s Liability
Nothing in these terms and conditions shall limit or exclude the Organiser’s liability for fraud or death or personal injury caused by the Organiser’s negligence or any other liability which cannot be limited or excluded by applicable law. The Organiser’s total liability to the Hospitality Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount of the Hospitality Fee paid by the Hospitality Customer to the Organiser. The Hospitality Customer is aware that the Show can have a dusty atmosphere and dogs and horses are used in all performances (“Show Conditions”). The Organiser will not be responsible for any injury to any person or damage to any property caused by reason of or contributed to by the Show Conditions and the Hospitality Customer waives any claim that it may have against the Organiser or the Hall Owner by reason of or relating to the Show Conditions and will indemnify and will hold harmless the Organiser and the Hall Owner against any claim brought by any Hospitality Customer Guest against the Organiser or the Hall Owner by reason of or relating to the Show Conditions.
- Cancellation by Organisers/Force Majeure
If, the Venue becomes unfit or unavailable for occupancy (such decision to be at the absolute discretion of the Organiser) or it become impossible or impractical to hold the Event for reasons beyond the control of the Organiser including (without limitation) fire, flood, storm, government intervention, malicious damage, acts of war, acts of terrorism, acts of God, strikes, riots, epidemics, pandemics or any other cause (“Force Majeure”)) the Organiser reserves the right (but shall not be obliged to):
- a) to change the location and/or date of the Show;
- b) to curtail or amend the Show in any respect; and /or
- c) to cancel the Show.
In the circumstances specified in clause 10 a), b) and c) above, the parties agree and acknowledge that the Organiser shall not have any liability to the Hospitality Customer for refunds, additional expenses or charges or to make payment for any loss or damage suffered by the Hospitality Customer or Hospitality Customer Guests except as otherwise expressly set out in this clause 10.
If the Show is cancelled in accordance with clause 10 c) above other than for Force Majeure, the Hospitality Customer agrees to accept in complete settlement and discharge of all claims against the Organiser a pro- rata share of the total amount paid by all Hospitality Customers at the Show, less all costs and expenses incurred by the Organiser in connection with the Show including a reserve, established at the sole discretion of the Organiser, for future claims and expenses in connection with the Show.
If the Show is cancelled in accordance with clause 10 c) above for Force Majeure, then both parties agree and acknowledge that the Organiser shall not have any liability to the Hospitality Customer for refunds, additional expenses or charges or to make payment for any other loss or damage suffered by the Hospitality Customer.
Notwithstanding the terms of this Agreement, if the Show is cancelled the Organiser may, in its sole discretion, refund to the Hospitality Customer, in whole or part, the Box Fee paid by the Hospitality Customer to the Organiser and the Hospitality Customer agrees and acknowledges that in such circumstances it will have no further claim whatsoever against the Organiser in respect of or in relation to or arising because of such cancellation.
The Hospitality Customer will indemnify and keep indemnified the Organiser against any and all claims made or proceedings brought against the Organiser and any and all costs, claims, damages or expenses incurred by the Organiser or for which the Organiser may become liable due to (a) any failure by the Hospitality Customer or its staff, employees, servants or agents to comply with any of its obligations under this Agreement; and (b) any act or omission of a Hospitality Customer Guest.
The Hospitality Customer shall not assign, sub-let, transfer or charge or purport to assign, sub-let, transfer or charge in whole or in part this Agreement or any of its rights, liabilities or obligations under this Agreement without the prior written consent of the Organiser.
The Organiser reserves the right to assign its rights, liabilities or obligations under this Agreement either in whole or in part to any other person, firm or company. The Organiser shall give notice to the Hospitality Customer of any such assignment.
This Agreement shall be binding upon and shall benefit the successors and assigns of the Organiser and shall be binding upon the successors and permitted assigns of the Hospitality Customer.
- Rights of Third Parties
The parties intend that this Agreement may be enforced by the Hall Owner pursuant to s1(1) of the Contracts (Rights of Third parties) Act 1999 and otherwise, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
- Data Protection
The Hospitality Customer warrants and guarantees that it understands and is compliant with all relevant obligations under the Data Protection Laws.
The Hospitality Customer warrants and guarantees that any personal data supplied to the Organiser in relation to this Agreement is done so in compliance with the Data Protection Laws.
The Hospitality Customer agrees to indemnify and hold harmless the Organiser against all expenses, costs, claims, losses and liabilities incurred by the Organiser or for which the Organiser may become liable due to any failure by the Hospitality Customer to comply with Data Protection Laws.
- Applicable Law
The validity, construction and performance of this Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.