TERMS & CONDITIONS RELATING TO HOSPITALITY

1. THE CONTRACT

This contract is made between The Horseracing Club (hereinafter referred to as THRC)and the Client on the terms and conditions set out hereunder and when the client returns the order form attached to these terms and conditions THRC shall at the request and risk of the client enter into binding obligations with third parties in accordance with clients instructions and this contract shall take effect on the terms and conditions set out hereafter.

2. PAYMENT

A non refundable deposit of 50% of the total cost of each contract as detailed in the invoice handed by THRC to the client must be paid to THRC by the client within 7 days of the issue of the invoice by THRC relating to the event referred to therein and the balance of the total cost of such event (the balance) must be paid not later than 2 weeks before the date of the event. Tickets will be forwarded within 24 hours of receipt by THRC.

3. CANCELLATION BY CLIENTS

If any booking is cancelled by the Client the client shall remain liable to pay the balance to THRC and THRC shall have the authority to resell or obtain any refund of all or part of the event. THRC shall reimburse or give credit for the amount that it so recovers less a reasonable handling fee provided that THRC shall always be permitted to retain both the deposit and the handling fee.

4. LIABILITY

a) In arranging the events THRC act only as the agent of the Client and no liability to any third party or to the Client of any kind whatsoever shall be attached to THRC in connection with or arising from the arrangements between the Client and the third party and the Client shall indemnify THRC against any claim made by such third party provided always that in respect of goods or services provided by a third party under the contract THRC shall give all reasonable assistance to the Client to pursue any third party if this involves Court of arbitration proceedings providing the Client has agreed to indemnify THRC against all expense in respect thereof including the cost of THRC’s staff in connection therewith.

b) Save as in the clause expressed THRC shall be under no liability for any personal consequential or other damage whatsoever caused as a result of services rendered to the Client under this contract being defective or not in accordance with this order including any breach by THRC of any fundamental term of this order.

c) Nothing contained in this clause shall exclude: i) Where the Client deals as a consumer (as defined by the Unfair Contract Terms Act 1967) any liability for breach of the terms implied by section 13, 14 and 15 of the Supply Goods and Services Act 1982. ii) Any liability arising from THRC negligence causing death or personal injury.

d) The Client recognises that the limitation of liability contained in this clause is reasonable based on the financial agreements between THRC and the Client.

5. ALTERATION TO EVENT

a) THRC will make reasonable effort to adhere to the date of the event but are authorized to alter or omit or change the date of any event for any cause which THRC in its absolute direction shall consider to be just and reasonable.

b) THRC has the right to pass on any supplier's price increases to the client. Such increases must be paid to THRC before any tickets can be issued or the event staged.

c) If the price is materially increased or THRC unreasonably alter the package of any events the Client shall be entitled to cancel the event concerned by giving written notice to be received by THRC within 48 hours of the Client having been notified of the change. In this event the Client shall be entitled to a full refund of the monies paid in respect of the event concerned provided that the Client indemnify THRC for all obligations incurred on behalf of the Client subject to any refund which THRC may be able to obtain and provided that THRC shall be entitled to retain the deposit.

6. PRICES

All prices quoted are exclusive of VAT which will be charged in addition to the contract price.

7. INTEREST

THRC reserve the right to charge interest at the rate of 2.5% per month compounded monthly on all overdue accounts whether before or after judgement.

8. MIS-REPRESENTAION

None of the THRC employees, other than the Directors of the company or the Racing Manager is authorised to make statements or warranty or representations as to the services to be provided hereunder, THRC shall therefore be under no liability nor shall the Client be entitled to any remedy by reason of the Misrepresentation Act of 1967 except to the extent (if any) that the court of the arbitrator may allow reliance on as being fair and reasonable.

9. INSOLVENCY

If the Client becomes insolvent or in the opinion of THRC is likely to go into bankruptcy, receivership, administration or liquidation THRC may at its discretion on written notice to the Client be entitled to deem the contract as having been terminated forthwith in whole or in part by the Client in accordance with clause I. THRC shall in doing so incur no liability to the client and such termination shall be without prejudice to its rights which may have accrued up to date of termination.

10. FORCE MAJEUER

Both THRC and the Client shall be released from any further obligations regarding an event in the event of a national emergency where governmental regulations, cancellation of an event by third parties or if any cause beyond the clients or THRC’s reasonable control renders the performance of any event impossible. This provision shall not relieve the Client of its obligation to pay for all events completed pursuant to an order or to indemnify THRC for obligations incurred by THRC as agent of the Client or oblige THRC to repay the Deposit.

11. NON ASSIGNABILITY

The agreement is between THRC and the Client and is not assignable by the Client without THRC’s consent.

12. LAW

The contract shall be governed by and construed in all respects in accordance with English Law and the parties hereby submit for all purposes of and in connection with the agreement to the non-exclusive jurisdiction of the English courts.

13. NOTICES

Any notice required to the given hereunder shall be sent to the address of the recipient given overleaf. A notice shall be deemed to have been served if by hand when delivered, if by e-mail or facsimile when sent and if by post 48 hours after posting.

14. POST TERMINATION

The termination of this agreement shall not affect any rights of the parties which have accrued thereto and THRC shall be irrevocably authorized on behalf of the Client to organize any refund or reallocation of any events.