RED EYE EVENTS LIMITED CONDITIONS
1. INTERPRETATION
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. APPLICATION
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 only where such acceptance is in writing and signed by us at which time a binding contract will come into existence between us.
4. PRICES
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 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.
4.3 The cost of transport (including flights and transfers), evening meals and evening hospitality is not included in any of our packages, unless specified at the end of this clause.
5. TERMS OF PAYMENT
5.1 We require a deposit of 50% of the total Booking price to be paid to reserve a place and the balance to be paid by the Final Payment Date, unless stated that payment is required in full to secure places.
5.2 Subject to Condition 9, the deposit referred to in Condition 5.1 is non-refundable.
5.3 Payment must, unless otherwise agreed in writing, be made in full by the Final Payment Date. Time of payment is of the essence of a Booking.
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.
7. INSURANCE
Guests must obtain travel insurance to cover their visit to Monaco. 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 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 the yacht.
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 at any time without our permission. This applies regardless of whether a Guest has booked overnight accommodation on the yacht.
9. CANCELLATIONS
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 Following a cancellation in accordance with Condition 9.1 we will endeavour to refund all or part of your booking.
9.3 In this clause "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.
9.4 If you cancel a Booking we will endeavour to accommodate this by reallocation. Our policy is that if you give us more than two months' notice we will refund at least 50% of the total Booking price. If you give us between one and two months' notice we will refund 25% of the total Booking price. If you cancel by giving us less than one month's notice we cannot provide a refund.
9.5 For the purposes of notice periods in Condition 9.4, the periods are calculated backwards from the first day of the event booked.
10. NOTICES
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, on completion of its transmission.
11. GENERAL
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.