TERMS & CONDITIONS
Above & Beyond Group Ltd Terms and Conditions (“Conditions”)
1. INTRODUCTION
1.1. These are the Conditions on which we supply Services to you. “We”, “us”, “our”, or any other similar expression, means Above & Beyond Group Ltd (registered in England and Wales with Company Number: 12674325), whose registered address is at Endeavour House, Coopers End Road, Stansted, CM24 1SJ and whose registered VAT number is GB 357 0216 15. “You”, “your”, or any other similar expression, refers to you, our customer who is purchasing Services from us.
1.2. We reserve the right to amend these Conditions from time to time without notice by amending this page. The amended Conditions will be effective from the date they are posted on this Website. As these Conditions may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Conditions.
2. INTERPRETATION
2.1. In these Conditions, the following words and phrases shall have the following meanings:
2.1.1. “Event Date” means the first day on which the Services are to commence;
2.1.2. “Contract” means a legally binding contract made in accordance with Clause 4. of the Conditions which forms our contract with you for the supply of Services;
2.1.3. "Guest" means all persons attending the Event;
2.1.4. “Additional Documentation” means anything in writing (apart from these Conditions) which either you and we agree forms part of the Contract or which by its very nature is clearly intended to be part of the Contract, such as the Order, the Experience Summary Details, the Passenger Flight Manifest and Rooming List (as applicable);
2.1.5. “Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a venue and in respect of which the we have the rights to sell and which forms the subject matter of the Services;
2.1.6. “Price” means the total price for the Services detailed in the Order or as otherwise notified by us in writing, including any applicable service charges, taxes or duties;
2.1.7. “Booking” means the reservation that you make with us for the provision of Services;
2.1.8. “Order” means the order confirmation form that has been issued to you in connection with the Event, setting out details of the Services;
2.1.9. “Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a venue and in respect of which the we have the rights to sell and which forms the subject matter of the Services;
2.1.10. “Discontinuation Incident” means any event or circumstance as set out in Clause 17.1.1. to 17.1.4.; and
2.1.11. “Services” means the services to be provided as set out in the Order.
2.2. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
2.3. When we use the expressions “including”, “include”, “in particular”, or any similar expression, this should be taken as illustrative and should not limit the meaning of the words appearing before these expressions.
2.4. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.5. When we use the words “writing” or “written”, this includes, sms, whatsapp and emails.
2.6. Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
2.7. Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Booking. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Booking.
3. APPLICATION
3.1. These Conditions alone (as varied in accordance with Clause 3.3.) 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.
3.2. 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.
3.3. A variation of these Conditions is valid only if it is in writing and signed by us.
4. THE CONTRACT
4.1. These Conditions govern the Contract. They apply even if you have your own Conditions and inform us at any time that those apply, or if you make them available to us. Any Conditions that might have applied between you and us in the past, whether these are in writing or implied from the way in which you and we have done business, will not apply.
4.2. The Additional Documentation also forms part of the Contract, and if any of those conflict with any provisions in these Conditions, then the Additional Documentation will take priority. However, this does not apply to any samples, drawings or illustrative material of any kind that we might issue to you, and which is expressly or, by its nature, clearly, supplied purely in order give you an indication of the kinds of Services that we provide or how we might be able to meet your requirements. Any such items do not form part of the Contract.
5. ORDER CONFIRMATION
5.1. In order to confirm your Booking, you must pay a minimum of 10% of the Price (“Deposit”) in full and cleared funds, and send to us a copy of the signed Order. The Contract shall come into force when we have received a copy of the signed Order, unless you have asked us to make any purchases or incur any expenses on your behalf before this point, in which case the Contract will come into force when we make such purchases or incur such expenses on your request. Note that these purchases or expenses might be charged to you on the following invoice.
5.2. Each Order forms the subject matter of a separate Contract.
5.3. You may cancel your Booking at any time before the Contract comes into force by notifying us of this in writing and we will refund you any Deposit already paid minus any applicable card processing fees.
5.4. We reserve the right to cancel or amend your Booking at any time. If we cancel the Contract or are unable to accept your Booking for any reason, we will inform you immediately of this and will refund you any Deposit already paid.
5.5. In order for us to be able to confirm your Booking we need your credit/debit card details to ensure we can secure your booking. This data will only be held for the duration of the Contract.
6. PRICE
6.1. The Price shall be as stated in the Order.
6.2. We shall also be entitled to charge you for any out of pocket expenses that it is reasonable for us to incur in order to provide the Services. This may include expenditure such as travel or hotel costs, or the cost of using third parties in order to provide any Services.
6.3. Subject to Clauses 6.4. and 6.5., we reserve the right to increase the Price to the extent necessary to reflect any increase in the cost of providing the Services of which we were unaware at the time when the Contract came into force and which it is not reasonably practicable for us to avoid or reduce, including any increases in the prices or costs payable to our suppliers, increases in the amount of any taxes or duties that we have to pay and increases in the cost of labour or materials. We shall always notify you in writing of any such increase promptly after we have become aware of it. You must pay the amount of any increase in the Price in full not later than 16 weeks before the Event Date or, if we notify you of the increase after that date, within 14 days of receiving our notification.
6.4. If the total amount of any increases in the Price of which we notify you exceeds 20% of the original Price, you may cancel the Contract with immediate effect by giving us written notice of termination within 48 hours of the time at which you receive the notification to that effect. If you exercise this right, we shall refund to you, within a reasonable amount of time, all sums which you have already paid for the Services, less the Deposit and any other losses or out of pocket costs or expenses which we have incurred as a result of your cancelling the Contract to the extent that we cannot reasonably avoid or reduce these.
6.5. If the total amount of any increase in the Price is less than 20% of the original Price, but you wish to cancel the Contract, the cancellation policy set out in Clause 16. will apply.
7. PAYMENT
7.1. Subject to Clause 15., you must pay to us the Price in the following instalments:
7.1.1. a minimum of 10% ("Deposit") of the Price upon entering into the Contract in accordance with Clause 5.1.;
7.1.2. a minimum of 50% of the Price no later than 7 days from the date on which the Contract comes into force in accordance with Clause 5.1.; and
7.1.3. the balance of the Price must be paid no later than 16 weeks before your Event Date.
7.2. All payments must be made in full and in cleared funds via credit/debit card or to the bank details contained within the Order, unless we notify you otherwise in writing from time to time. All payments must be made by credit/debit card or BACS.
7.3. When you make payment of the Deposit by credit/debit card, we will securely store your card details for the duration of the Contract. We reserve the right to take automatic payment from your credit/debit card in order to reimburse us for any proportion of the Price which has not been paid to us in accordance with Clause 6.2..
7.4. If you fail to make any payment due to us by its due date, you will be in breach of the Contract. We shall be entitled to charge you interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, which is currently at 8% above the base rate of the Bank of England. This interest shall accumulate on a daily basis until you actually make payment, even if we have obtained a Court judgement against you for non-payment in the meantime.
7.4.1. We will try and reach you for the overdue payment for 14 days after the due date. If we are unable to reach you, we reserve the right to deduct the overdue payment with the interest fee and processing fee of 1.5% (including interest) from your credit/debit card.
7.5. If you become subject to a Discontinuation Incident, we reasonably believe you are about to become subject to a Discontinuation Incident, or you fail to make any payment due to us by its due date, we reserve the right to cease providing you with Services until further notice and treat the Contract as having come to an end in accordance with Clause 17., without prejudice to any of our other rights and remedies.
7.6. All sums that you owe us under the Contract must be paid in full: you are not permitted to make any deductions unless the law permits you to. If we owe any sums to you, we may deduct from that payment any amount that you owe to us and, if we exercise this right, this does not prevent us from also exercising any other right that we may have under the Contract due to your non-payment.
8. INSURANCE
8.1. Adequate and valid travel insurance is compulsory for you and your Guests and it is a condition of accepting your Booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your Booking is confirmed.
9. ADDITIONAL SERVICES
9.1. You will be responsible for the payment of any additional charges outside the scope of the Services which are either requested by you or persons accompanying you at the Event verbally or in writing or incurred by you or persons accompanying you at the Event, such as in relation to additional refreshments, travel or accommodation. Payment for any such charges will be invoiced separately together with an additional handling fee of 10% of the relevant charges, and this must be paid within five days of the date of the invoice.
10. PROVISION OF SERVICES
10.1. The information that you provide to us when making the Booking must be complete and accurate to the best of your knowledge, and you must also inform us of any special requirements that you might have before entering into the Contract, including any dietary requirements of all persons detailed in the Booking. Although we use all reasonable endeavours to accommodate any special requests, all rooms, additional services or any other special requests such as early or late check-ins, dietary or access requirements are always subject to availability.
10.2. We may contact you to ask for further information that we require in order to enable us to provide the Services. If you do not, within a reasonable time of our asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the Contract, in which event we shall have no liability to you, or charge you a reasonable sum to compensate us for any extra work involved.
11. YOUR OBLIGATIONS
11.1. You are responsible for your Guests and will procure that your Guests comply with these Conditions (where relevant) and with any rules, regulations and directions set down by us and/or our agents including, without limitation, any and all relevant statutes, safety announcements and venue regulations.
11.2. You will not resell or otherwise transfer or offer for sale or transfer any part of a Booking without our prior written consent.
11.3. You or your Guests must notify us of any special dietary requirements at least one month before the Event.
11.4. Guests are responsible to ensure that they possess all necessary travel and health documents before departure.
11.5. 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 at any of our Events.
11.6. Guests who we consider are behaving in a way that may create a danger to themselves or others, who act in a way that breaches the venue regulations, or who act in a manner which, in our reasonable opinion, is likely to affect the enjoyment of other Guests, will be asked to leave any of our facilities or events and we may take appropriate action to enforce this right.
11.7. We reserve the right to conduct security searches from time to time and confiscate any item which, in our reasonable opinion, may cause a danger or disruption to other Guests.
11.8. You will be liable for all damage and extra costs incurred by us as a consequence of unreasonable behaviour, carelessness or breach of this Condition 11. by you or Guests for whom your Booking was made.
11.9. Guests may not invite persons who are not Guests to any of our events at any time.
11.10. You agree that you will be responsible for your Guests’ conduct throughout the course of the Event and shall ensure that nothing shall be done which will constitute a breach of law or could in any way cause nuisance, damage, infringement of any third party licences, including any relating to entertainment, music and alcohol consumption. Please note that what is lawful or socially acceptable behaviour may differ from country to country.
11.11. You will be responsible for any breakages or damage caused to any property by you or any of your Guests and you will be required to indemnify us fully in respect of our liability for such loss or damage.
11.12. In addition to condition 11.4, the onus remains on the guest to ensure they comply with any and all travel restrictions imposed by their country/countries of destination. We shall have no liability or responsibility for any losses or complications incurred by the lack of compliance by any guest.
12. VARIATION
12.1. Whilst every reasonable effort will be made to ensure that the Services are in accordance with the details as set out in the Order, we reserve the right in our absolute discretion to change elements of the Services provided at any time in order to reflect changes in relevant laws and regulatory requirements or to implement necessary technical adjustments and improvements, for example to address a security threat. These changes are not likely materially to affect your use of the Services. We shall not amend the Price in such circumstances.
12.2. If our performance of the Services is prevented or delayed by circumstances outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of those circumstances. Provided that we do this we will not be liable for delays caused by such circumstances, but if there is a risk that our ability to provide the Services is materially affected, you may end the Contract in accordance with our cancellation policy set out in Clause 16..
12.3. The steps referred to in Clause 12.2. may include offering you an alternative Event of similar nature and value (“Substitute Event”). You must let us know within 7 days of being offered the Substitute Event whether you wish to accept it. If you accept the Substitute Event, the terms of the Order will be deemed to have been varied accordingly, however we shall not amend the Price in these circumstances unless the cost of the Substitute Event is less than the Price, in which case we shall refund you in respect of any shortfall. If you do not wish to accept the Substitute Event or do not respond within the above time frame, we will treat this as a request to cancel the Contract subject to our cancellation policy set out in Clause 16..
12.4. If, due to circumstances beyond our control, we are unable to provide the Services or offer you a Substitute Event, without limiting our other rights or remedies, we shall be entitled to cancel the Contract immediately upon written notice and you will be issued with a full refund within a reasonable amount of time after such cancellation.
13. INDEMNITY
13.1. You shall indemnify us in full against and hold us harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by the us as a result of or in connection with any and all acts or omissions of you, your Guests, employees, agents or subcontractors including but not limited to acts or omissions at the Event and damage caused at an Event by you or your Guests.
14. MAKING CHANGES
14.1. Subject to Clauses 14.2. and 14.3., if you wish to make a change to the Services before the Event Date, you must contact us to request those changes in writing. Until we have confirmed that any such change is possible, the change will not be deemed to have been agreed. It might be necessary for us to revise the Price in order for us to agree to the change you require. In that case, we will confirm any change in Price to you in writing and ask you to confirm whether you wish to go ahead with the change. If you do not wish to go ahead with the change, the original terms of your Order will continue to apply.
14.2. Please note that if you wish to transfer your Booking to an alternative Event of equal or higher value, we will ask for 25% of the value of the alternative Event (less any sums you have already paid) to be paid to us before we are able to confirm the Booking. If you wish to transfer your Booking to an alternative Event of lower value, this will be treated as a request to cancel the Contract subject to our cancellation policy set out in Clause 16. and the alternative Event will be the subject of a new Booking.
14.3. Once you have entered into the Contract, if you wish to add any additional persons to your Booking, this will form the basis of a separate Contract.
15. FORCE MAJEURE
15.1. We shall not be liable to you 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 our reasonable control, including but not limited to; any act of God, adverse weather conditions, explosion, 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 an Event.
16. CANCELLATION POLICY
16.1. If you want to end the Contract at any time, you must notify us of this in writing. The Contract will end immediately upon our receipt of your notification, and 100% of the Price will become immediately due and payable, less any amounts you have already paid to us in connection with the Services. Upon cancellation of the Contract, you must immediately pay to us all of our outstanding invoices and any interest payable on any sums due to us.
16.2. In addition to Clause 14.2. above, the following applies:
16.2.1. if cancellation is made 16 weeks or less before the Event Date, then the full Price remains due by you and shall be payable.
16.2.2. if cancellation is made more than 16 weeks before the Event Date, then 75% of the Price remains due by you and shall be payable.
16.3. Without limiting your obligations under Clause 16.1., within a reasonable amount of time following your cancellation, we will pay you any applicable refund due in accordance with Clause 16.5..
16.4. Upon cancellation of the Contract in accordance with Clause 16.1., we will use commercially reasonable endeavours to recover the underlying costs which represent the different elements of the Services, for example by attempting to re-sell the relevant tickets for the Event.
16.5. We will refund you any sums recovered under Clause 16.4., less the Deposit and any out of pocket costs or expenses incurred (including our reasonable legal fees) or other losses suffered in connection with such cancellation or recovery, including any loss of profit or labour costs reasonably incurred in re-advertising and re-selling the Services (including any tickets for the Event) (“Incurred Costs”). You acknowledge that any sums we are able to recover under this Clause 16.5. may not necessarily represent the full market value or best price for that element of the Services, and that any sums retained by us under this Clause 16.5. are intended to protect our legitimate business interests.
16.6. If you do not pay to us all of our outstanding invoices and interest in accordance with Clause 16.1., or the Incurred Costs exceed the sums actually recovered under Clause 16.4., you will be liable to indemnify us and keep us fully indemnified against any shortfall we suffer. We will process the remaining amount under the terms of Clause 7.4. and 7.4.1..
16.7. If account credit is offered as a gesture of goodwill at any time after a Booking agreement is signed, the respective balance must be used within 90 calendar days, after which time the standard cancellation terms (as per clause 16) will come into effect.
17. ENDING THE CONTRACT
17.1. Without limiting any of our other rights or remedies, we may end the Contract at any time by writing to you if:
17.1.1. you commit a material breach of your obligations under the Contract and (if such breach is remediable) fail to remedy that breach within 14 days after us asking you to do so;
17.1.2. you become insolvent or unable to pay your debts, enter into any composition or arrangement with your creditors or administration, or are subject to bankruptcy or insolvency proceedings;
17.1.3. you are an individual or partnership, and either you (or if you are a partnership, one of you) die or, through mental or physical disability, injury or illness, are unable, in our reasonable view, to continue to perform your obligations under the Contract; or
17.1.4. any event or circumstance similar to any of the above arises or occurs in any jurisdiction.
17.2. Once the Contract has ended, you must immediately pay us all of our unpaid invoices and interest. You must also return to us any items which you do not own and for which you have not fully paid. We also reserve the right to charge you reasonable compensation for any Incurred Costs or other losses suffered as a result of your breaking the Contract.
17.3. The cancellation of the Contract does not affect any rights, remedies, obligations or liabilities which have been accrued up to the date of cancellation (including the right to claim damages) which existed before or at the date of the cancellation.
18. LIMITATIONS OF LIABILITY
18.1. Except where Clause 18.2. applies:
18.1.1. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, business, revenue, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) arising under or in connection with the Contract even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring it; and
18.1.2. our total liability to you in respect of all other losses arising under or in connection with the supply of Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price paid.
18.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3. You agree to indemnify us and keep us fully indemnified at your own expense against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us arising out of any failure of you or of any persons detailed in the Booking to comply with the terms of the Contract.
19. CONFIDENTIALITY, DATA PROTECTION AND GDPR
19.1. Subject to Clause 19.4., you and we both agree to keep in strict confidence all information relating in any way to the other party, of any kind and in any form, which the other party discloses to us for any purpose connected with the Contract or which comes to our attention as a result of you and us having entered into the Contract (“Confidential Information”). The obligations of confidentiality shall continue for as long as the Confidential Information remains confidential, unless any disclosure of the Confidential Information is required in order for a party to comply with its obligations under the contract, or if the Confidential Information is required to be disclosed as a matter of law.
19.2. The party who receives any Confidential Information is allowed to disclose such information to its employees on a need-to-know basis in order for the Contract to be fulfilled and the rights of each party under the Contract to be exercised.
19.3. The party who receives the Confidential Information may also disclose it if required to do so by law (including by a Court order).
19.4. Information shall not be deemed to be Confidential Information if:
19.4.1. it is, or becomes, generally available to the public other than as a result of it having been disclosed in breach of the Contract;
19.4.2. it is given to a party by another person or organisation, neither of whom are required to keep the information confidential;
19.4.3. it was already in the possession of the party who received it and that party was free to use it;
19.4.4. it is developed independently by or for the party who received it; or
19.4.5. We both agree in writing that the information is not confidential.
19.5. We collect, store and process personal data in accordance with our Privacy Policy and GDPR guidelines.
19.6. Your information is stored on secure GDPR compliant servers. The information is managed by us only.
19.7. Subject to your ‘opt in’ you give us as an organisation and each department within our organisation permission to contact you as per our internal procedures.
19.8. We will attempt to re-engage with you within a specific amount of time from our last ‘contact’. Should we fail to re engage, we will archive your information and then destroy it as per our GDPR procedures and guidelines.
19.9. If at any time you wish for us to remove any or all of your details, please contact us.
20. NOTICES
20.1. If you need to give us notice about anything in relation to the Contract, you must do this in writing. You must address your notice to the address detailed for us on the Order. We will do the same for you. Notices must be delivered personally, by prepaid first-class post, by another other next working day delivery service, by commercial courier, or by email.
20.2. If a notice is sent by pre-paid first class post or other next working day delivery service, it will be treated to have been delivered at 9.00 am on the second business day (in other words, any day on which the banks are normally open in England) after posting. If delivered by commercial courier, it will be treated to have been delivered on the date and at the time that the courier’s delivery receipt is signed.
20.3. The above provisions of this Clause 20. do not apply to the service of any proceedings or other documents in any legal action.
21. ADDITIONAL TERMS
21.1. We may transfer our rights and obligations under the Contract to another person or organisation.
21.2. You may only transfer your rights or your obligations under the Contract to another person with our prior written consent.
21.3. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4. If a court finds part of the Contract illegal, the remainder will continue in force. Each of the Clauses of these Conditions operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
21.5. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking the Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not require you to make a payment at that time but we continue to provide the Services, we shall still require you to make the payment at a later date.
21.6. The Contract sets out the entire agreement between us in relation to the provision of the Services, and supersedes all statements, warranties, promises and representations made by either you or us before the Contract was formed.
21.7. You acknowledge that you, in entering into the Contract, have not relied on anything said by us or on our behalf which is not expressly set out in the Contract.
21.8. The Contract is governed by English law and either we or you can bring legal proceedings in respect of the Contract in the English Courts, whose jurisdiction is non-exclusive.
Above & Beyond Group Ltd
Endeavour House, Coopers End Road, Stansted, CM24 1SJ
Tel: +44 (0) 208 629 1244 Email: support@aboveandbeyond.group
Company Registration Number: 12674325