We, Bespoke Sporting Experiences Ltd, a company registered in England and Wales registered no. 12718302 whose registered office is Unit 4, Fich Close, Nottingham, NG7 2NN
1. DEFINITIONS & INTERPRETATIONS
In these conditions these words have the following meanings; “The Company” – Bespoke Sporting Experiences Limited “The Contract” – any contract or booking confirmation under which the company provides services to the client. “The Client” – the individual, the individual linked to multiply businesses, firm, company or other party with whom the company contracts and has a booking confirmation with. “The Event” – the event or occasion with which the contract or booking confirmation relates and to which the company will provide services. “Services” – the whole or any part of the services which the company is to supply as laid out in the booking confirmation. “The specified Rate” – 4% above HSBC Bank’s base lending rate.
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 in or referred to by the Client in its order or pre-contract negotiations
2.3 Any description or specification contained in the Company’s catalogues, samples, price lists or other advertising material is intended merely to present a general picture of the Services and will not form a representation or be part of the Contract
2.4 Where the Company has not acknowledged the Client’s order in writing, these Conditions will apply to the Contract provided the Client has had prior notice of them
2.5 The Company reserves the right to correct any clerical or typographical errors made by its employees at any time
2.6 The Company reserves the right to make an appropriate charge for secure postage and packaging
2.7 The making of a booking with us, however confirmed, shall be deemed as acceptance by the client of the terms and conditions
2.8 Hospitality packages provided at Twickenham are subject to all Terms & Conditions as specified by the RFU (including the ticket distribution conditions). All RFU Terms & Conditions are available at www.rfu.com.
2.9 For all bookings made in relation to The Masters Tournament, the client is not entitled to keep the Masters badge for the respective day. The ticket is rented to the client in order to gain entry to Augusta National. The Company shall retain ownership of the physical ticket or badge throughout and the client must return this to a Company representative at the end of the respective days play.
2.10 Failure to adhere to section 2.9 will result in the company charging the client for loss of ticket. This charge will be at the discretion of the company and will be not more than $10,000 for each unreturned ticket or badge.
3. PRICING
3.1 Unless otherwise agreed in writing by the company the Company’s quotations are provisional and subject to availability and may be altered at any time for any reason as seen fit by the company.
3.2 All prices are exclusive of VAT
3.3 The Company reserves the right to adjust the total price of the event/package and in particular to take account of Foreign Currency, Exchange Rates, Fuel surcharges and travel operators surcharges. Payment of any increase will be made by the client within 7 days of invoice.
4. PAYMENT
4.1 The Company will invoice the client in accordance with their respective booking confirmation.
4.2 The Company will acknowledge a booking as being accepted once cleared funds have been received.
4.3 Without prejudice to any other rights of the Company, interest will be payable on all overdue accounts at the specified rate.
4.4 Non-payment on a due date will entitle the Company to demand payment of all outstanding balances whether due or not and/or cancels the contract for a new booking until all outstanding balances are paid.
4.5 The Client will not be entitled to withhold payment of any invoice by reason of any right of set-off or any claim against the Company.
4.6 The Company has the right to suspend performance and/or fulfilment of any booking if it reasonably believes that the Client will not make payment in accordance with these conditions, past or present balances.
4.7 Tickets and other package admission or documentation will not, under any circumstances be issued prior to receipt and bank clearance of full payment relating to such tickets and package elements.
5. CANCELLATION
5.1 The Company may cancel the Contract if the Client:- 5.1.1 fails to make any payment when it becomes due 5.1.2 enters into any composition or arrangements with its creditors
5.1.3 has a winding up order made against it
5.1.4 has an administrative receiver or administrator appointed
5.1.5 passes a resolution for winding-up or a Court makes an order to that effect breaches any of these Conditions
5.2 Clause 5.1 is without prejudice to the Company’s right to the full price for the Services. The Company will be entitled to damages for any consequential loss due to the determination of the Contract
5.3 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, 5.2, and 7 the Company will refund any monies paid by the Client but will not be under any other liability whatsoever. For the avoidance of doubt this clause will not apply where the Event is cancelled, the date or venue of the Event changed or the Company cancels the contract due to circumstances beyond its reasonable control.
5.4 Cancellation by the Client will only be accepted at the discretion of the Company if in writing and signed by a director. The Company will be entitled to retain on demand the reservation fee and the deposit payable in accordance with clause 4.1. In addition, any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting from the cancellation in excess of the amount of the reservation fee and the deposit will be paid by the Client.
6. LIABILITY
6.1 The Company will not be liable for any loss or damage whatsoever if:-
6.1.1 the Event is cancelled
6.1.2 scheduled participants in the Event fail to attend
6.1.3 the time, date or venue of the Event is changed
6.1.4 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 it is expressly agreed that the Company acts as agent for the Client. The Company will not have any liability in respect of any direct or consequential loss or damage arising out of or in connection with 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 and/or the Company’s negligence will be limited to 10% of the total Contract price. The Company shall have no further or other liability in respect of any direct or consequential loss or damage sustained by the Client. This clause is without prejudice to any liability of the Company for death or personal injury arising out of the Company or its servants or agents negligence or wilful default.
6.4 No term, condition, warranty or representation (whether express or implied by statute law custom or usage) as to the nature or quality of the Services or the conformity with any description is given by the Company or forms part of any Contract between the Company and the client. If any legislation makes unlawful to exclude or purport to exclude any term from the Contract, this Clause will not apply to that term. This provision will apply unless otherwise stated in these Conditions or unless otherwise agreed in writing by the Company.
6.5 The Client shall indemnify the Company against all costs, expenses, actions claims and demands whatsoever made by any person arising from any action omission or representation by the Client or breach of these conditions.
7. GDPR Privacy Policy
OUR DATA PROTECTION COMMITMENT
7.1 Here at BSE we understand the concerns about how data may be stored, sent and used by companies. We are committed to complying with all data protection laws and want you to feel confident in the measures we are taking to uphold your data privacy rights.
This privacy policy explains how we, Vision4Sport Events, collect and use your personal information. In it we explain the types of information we collect, how we collect it, what we use it. We also let you know what rights you have over your information.
WHAT INFORMATION MIGHT WE COLLECT ABOUT YOU?
7.2 We do our best to keep the information we collect about you to the minimum necessary.
The information we collect depends upon how you are interacting with us. For example, if you’re booking a holiday or tour with us we are likely to ask for more information than if you’re only requesting a brochure or browsing our website. We may collect, use, store and transfer different kinds of personal information about you, which we have summarised in the box below.
Details about you: Your first and last name, martial status, title, gender, e-mail address, telephone number, date of birth, your reasons for travel, meal and other travel preferences or dietary requirements.
Payment details: Your bank details and payment card details when making a booking with us. Details about payments to and from you and other details of products and services you have purchased from us.
Identification documents: If you are travelling on a route requiring advance passenger information, your passport or identity card details including your passport number, the country in which your passport was issued and the expiry date.
Details about your booking with us: Details such as where you are flying from and to, your booking information (including anyone else on the booking), any onward travel details if relevant, details of experiences or excursions booked through us, baggage requirements, upgrade information, lounge visits, seat preferences, meal preferences or requirements, details of any special assistances required and any other relevant information so that we can provide you with the travel or other service you have arranged with us.
Details from your interactions with us: Information about interactions or conversations with us and our staff, including when you make enquiries, comments, complaints or submit feedback to us. This could also include username and password and your interests, marketing preferences and survey responses.
Your use of our systems and services: This includes how you use our site, app, retails stores, call centres and/or social media pages, IP addresses and information you may post on social media.
Job applications: If you apply for a job with us, your CV, work history, educational details and the role you are applying for.
Special types of data: In some circumstances we may need to collect information from you that is deemed sensitive. For example, we might collect:
Data about your health. Knowing your dietary requirements and any medical conditions you have will ensure that the trip is suitable for you and any necessary adjustments are made.
Information about your religion (for example if you specify a meal preference that indicates a particular religion, such as a kosher or halal meal).
We try to limit any sensitive personal data we collect to the minimum possible. Unless we have a specific lawful reason to use this information, we will ask for your consent to collect it.
HOW DO WE COLLECT YOUR INFORMATION AND WHY?
7.3 Depending upon your interactions with us, we might collect information in the following ways:
Direct Interactions: You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone and email or otherwise, this includes personal data you provided when you:
book or search for a holiday or other service (such as a flight, cruise, hotel lounge access, transportation or special assistance) via one of our websites, any apps we use, retail stores, our call centre;
fill in part of the booking information on our site but do not complete the booking;
request a brochure, sign up to receive email updates, participate in any of our competitions, promotions (for example via any social media channels, email or our site), surveys or market research;
create an account on our website and enter information onto online forms;
provide us with information about an accident, illness or incident that occurred or some other feedback;
apply for a job with us by email or via the site;
contact us via our call centres, press office, social media, post, email or instant messenger. Our interactions with you may be recorded and monitored for the purposes of improving customer service, quality assurance, training, security and general business purposes; or
attend any of our events.
WHAT DO WE USE YOUR INFORMATION FOR?
7.4 Under data protection laws we are allowed to use personal information only if we have a proper reason to do so such as:
to fulfil a contract we have with you or;
when it is our legal duty or;
when it is in our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interested or
when you consent to it
Generally, we do not rely upon consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via e-mail or text message.
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
To manage your booking with us. We will use your information to provide you with any travel or event services that you request or purchase. This entails booking your flights, accommodations, organising tours, transportation and car hire and providing you with your tickets (on the basis of performing our contract with you) and providing you with any special assistance you require (where you give us your consent).
To contact you with information about your bookings and support services: We will use your contact details to send you communications which relate to your booking or services you have requested. The types of information usually included would be: e-mails responding to enquiries, providing you with tickets, alerting you to changes in itineraries or responding to any complaints you have. We do these things in order to fulfil our contract with you and on the basis of our legitimate business interest of providing you with customer service.
To provide assistance with online bookings. We may collect information when you enter it into forms on our websites but do not complete your booking. We do so in order to offer assistance in case you are experiencing difficulties using our website.
To enable you to partake in a prize draw, competition or complete a survey: We do this to perform our contract with you or for our legitimate events of studying how customers use our services, develop them and grow our business.
To send you marketing communications. We will use your information to contact you in order to keep you up to date with the latest news, offers, events, sales, brochures, promotions and competitions that we consider may be of interest or relevant to you. We will usually only do this when we have your consent to do so or on the basis of our legitimate interest to provide you with customer service.
To personalise your customer experience and improve our service. We use your information to provide you with a more personalised service. This might include personalising the communications we send to you with preferences, sending you only advertising that we think you might like and/or enhancing your holiday experience (on the basis of our legitimate interests to present you with the right kinds of products and services). We may also record and/or monitor calls in order to improve our customer service.
To ensure security and protect our business interests. In certain circumstances, we use your information to ensure the security of our services, buildings, and people, including to protect against, investigate and deter fraud, unauthorised or illegal activities, systems testing, maintenance and development (on the basis of our legitimate interests to operate a safe and lawful business or where we have a legal obligation to do so);
To process your job applications. We will use your information to process any job applications that you submit to us, whether directly or via an agent or recruiter (speculatively or in response to any ad) (on the basis of our legitimate interest to recruit new employees or contractors);
To optimise our sites and app. If you use our sites or apps, we will use your information to ensure that the content from our websites are presented in an effective manner for you and your device, to provide you with access to our site and app in a manner that is effective, convenient and optimal, and to provide you with content that is relevant to you, using site analytics and research and in certain circumstances combining that with other information we know about you (on the basis of our legitimate interests to operate and present an effective and convenient website to our website users);
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences. This is necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To conduct research. We use your information to carry out aggregated and anonymised research about general engagement with our services and systems, or if you choose to participate in customer surveys, consumer focus groups and research (on the basis of our legitimate interests to improve our products, services and customer service); and
To comply with our legal obligations. In certain circumstances, we will need to use your information to comply with our legal obligations, for example to comply with any court orders or subpoenas (on the basis of our legitimate interests to comply with a legal obligation).
WHAT ABOUT OUR MARKETING PRACTICES?
7.5 When we will get in touch with you
One of the other reasons we sometimes collect your information is so that we can form a view on what we think you may want or need, or what may be of interest to you. With this information we decide which products, services and offers may be relevant for you and what marketing you may be interested in.
We keep you up to date with our latest offers, partnerships, sales, promotions, competitions (or those of our partners such as other members of the Travelopia group) that we think might be of interest/relevance to you.
We will only contact you in this way if:
You have signed up to receive marketing communications from us and have not later told us that you don’t want to hear from us.
You have requested information from us or entered a competition or registered for a promotion and provided your details and you have not told us that you do not want to hear from us.
You have made a booking with us and have not told us that you do not want to hear from us.
Expressed an interest via a phone call relating to one of our services.
WHEN DO WE SHARE YOUR PERSONAL DATA?
7.6 In order to provide you with the services and on the lawful grounds described above, we may share your personal information with third parties such as:
Third party suppliers we work with to provide your booking and our other services to you. We may share your information with parties such as airlines, hotels, tour operators, transport companies, excursion providers, airport authorities, insurance companies, car hire companies, ground handling agencies, and cruise companies.
Other suppliers that we work with in connection with our business. We share your information with third party suppliers that we us to provide services in connection with the experiences we offer to you. This might include marketing agencies and/or companies that run our marketing campaigns, IT developers, service providers and hosting providers, third parties that manage promotions or competitions, third party software companies ground agents, site analytics providers, medical service providers and credit card screening companies;
Airports, immigration / border control and/or other government authorities. Sometimes we have to provide ‘Advance Passenger Information’ about you to border or immigration authorities of the country of your travel destination. This would usually be the basic information contained in your passport but the laws of certain countries may require additional information. We will provide this information when we are required to do so.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
8. THE EVENT/OCCASION
BSE Ltd give no guarantee whatsoever that the event/occasion shall take place. Should any event/occasion be cancelled or postponed for any reason whatsoever, the client will have no entitlement to any refund of monies paid. It is the responsibility of the client to adequately insure themselves against postponement or cancellation, for whatever reason, of the event/occasion. The provisions of the S1(2) of the Law Reform (Frustrated Contracts) Act 1943 (or any re-enactment thereof) shall not apply to any agreement between BSE Ltd and the client.
9. CHANGES TO ARRANGEMENTS BY BSE LTD.
Every reasonable effort will be made by Vision 4 Sport Events Ltd to adhere to advertised and confirmed arrangements, but Vision 4 Sport Events Ltd reserves the rights at its sole discretion to alter, omit or change arrangements should it be found necessary to do so, and shall have no liability whatsoever to the client for any such changes, save a refund of any monies not expended.
10. FORCE MAJEURE
9.1 The Company shall not be liable to the Client or be deemed to be in breach of the Contract or these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract or to these Conditions if the delay or failure is due to any act beyond the Company’s reasonable control, including but not limited to; any Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure or postponement or cancellation of the Event.
11. DESCRIPTIONS
In compiling our brochure and establishing all our arrangements we have relied on the information provided by third parties. Wherever possible these have been verified. However, should you find anything that is not as described, please let us know as soon as possible, so that we can give it our attention.
12. ACCEPTANCE
The making of a booking with us, however confirmed, shall be deemed as acceptance by the client of the above terms and conditions.
13. THE ENGLISH LAW
This contract shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.