Definitions and Interpretation
These Terms and Conditions of booking set out our obligations to you and your commitments to us when you book Arrangements with us and these together with the information contained in the Booking Form is the basis of our contract with you.
“We” “us” and “our” are references to Barcelona Event Organisation.
“You”, “your” or “party” are references to the entity named on the booking form.
“In writing” means by facsimile, email or letter.
“Lead Customer” means the person who makes the booking on behalf of the entity named on the Booking Form and who will be our point of contact (and any substitute for this person).
“Arrangements” means the accommodation, meals, arrangements, facilities and services (or any of them), as applicable, booked through us by you pursuant to this agreement or any other agreement between you and us.
“Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
A binding contract between us comes into existence as soon as we receive in writing your signed booking form. Should we acknowledge your booking prior to sending a confirmation letter, such acknowledgement will be an indication that we are dealing with your booking and not a confirmation of it. By making your booking with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions of Booking and to have actually done so before a contract between us came into existence. You accept that the Lead Customer has the authority to deal with us on your behalf. If for any reason there is a change in the Lead Customer, you should notify us in writing immediately. The Lead Customer must be authorised to make the booking on the basis of these Booking Conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Lead Customer is a minimum of 18 years and over. You must check all documents (including any tickets or vouchers) which we send to you and contact us at once if any information appearing on the booking form or any other document appears to be inaccurate or incomplete.
2. Payment of Amounts Due
A deposit of 50 per cent of the total cost of the Arrangements (or €500, whichever is the greater) must be received by us within 7 days of the date we receive your booking form. The balance must be paid at least 28 days prior to commencement of the Arrangements. If the booking is made within 28 days of the commencement of the Arrangements, payment in full is required at the time of booking. Payments can be made using a valid credit or debit card, cheque or cash. If you pay by credit card, there will be an extra charge of 3% on the final invoice value. We will provide you with a proforma invoice if requested to assist you in raising a payment. Once we have received payment then we will issue you with a full VAT invoice. If you fail to make all payments due in full and on time we shall treat your booking as cancelled by you and the cancellation charges set out in clause 8 will be payable by you. Where we hold off cancelling (although we are not obliged to do so) because you have asked us for time to pay but you fail to do so you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
3. Special Requests
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. Any additional costs will be invoiced to you prior to the commencement of your Arrangements. Should any additional charge not included in the total price stated on our confirmation letter become payable (for example costs relating to a special request made by you), a revised letter will be sent to you showing the extra charge.
4. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the Arrangements. We will advise you of any change in price or error of which we are aware before you book with us. We reserve the right to make changes to and correct errors in prices at any time before we receive your signed Booking Form. Once your Arrangements have been booked by you then subject to other clauses in these booking conditions, the price will not change. Please note that the prices quoted to you apply to the minimum number of people required for the event. The minimum number price must be paid for all bookings. Should the number of people included in the booking exceed the minimum, it is likely that the overall price may increase proportionately. You will be required to pay the revised price. Once your signed booking form has been received then, subject to other clauses in these booking conditions, the price will not change.
5. Website Descriptions and Quotes
All website descriptions and quotes are made in good faith and every reasonable care is taken to ensure their accuracy. However, errors may occasionally occur. We reserve the right to make changes to and correct errors in our website descriptions and quotes at any time.
6. Changes and Cancellations by us
Occasionally, we have to make changes to and correct errors in website and other literature both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. If we have to make a significant change or cancel, we will tell you as soon as possible. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If there is time to do so before departure, we will offer you the choice of the following options:
- Accept the changed arrangements.
- Purchase alternative arrangements from us, of a similar standard to that originally booked if available. You must pay the applicable price of any such arrangements. This will mean paying more if it is more expensive or receiving a refund if it is cheaper.
- Cancel or accept the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note the above options are not available where any change made is a minor one. Except as otherwise expressly set out in these booking conditions our liability for significant changes and cancellations is limited to the above mentioned options. Very rarely, after your Arrangements have commenced we or our suppliers may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that we will be unable to provide any refunds (unless we receive any from our suppliers) pay you any compensation or any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so and arising out of the alternative arrangements.
7. Weather Conditions
As you will appreciate, we have no control over the weather. The provision of favourable weather to allow you to take part in your chosen activities does not form part of our contractual obligations to you. There is always unfortunately the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your Arrangements without paying our normal charges. You will not be entitled to the options and/or compensation set out above. We will assist you to find alternative activities or Arrangements but please bear in mind that these may only be available at an additional charge to you.
8. Changes and Cancellations by you
If you wish to change your booking in any way we will try to comply with your requests but we cannot guarantee that changes can always be made. Where a change can be made, we will not charge an amendment fee however you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation letter. You will be required to pay the increased price. If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. We will make a cancellation charge on the scale shown. Charges are based on the estimated losses we may incur should we be unable to withdraw from our obligations with our suppliers.
No of days notification before the date your Arrangements commence Amount you must pay
More than 28 days 25% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is the greater.
Less than 28 days 100% of the total cost of the Arrangements in question.
Please note that the “total cost of the Arrangements” in the table above does not include any insurance premiums paid to us or amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation. If your insurance cover covers the reason for your cancellation, you should be able to claim for a refund of your cancellation charges from the insurance company less any applicable excess. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Please note however the minimum number price must be paid for all bookings as fully described in clause 4 even if the cost for the number of persons on the booking would otherwise total less than the minimum price.
9. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss (as more fully described in clause 10(1) below) as a result of Force Majeure.
10. Our liability
(1) Our agreement with you and the service we provide to you is to source and book the Arrangements for you. We promise to use all reasonable skill and care in selecting the supplier(s) who will provide your Arrangements. We have no responsibility for the provision of the actual Arrangements themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us. Please note: Sub clauses (2) (6) below are all subject to and without prejudice to sub clause (1) above.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or
- Force Majeure
(3) Please note we cannot accept responsibility for any services which do not form part of your Arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any excursion you purchase during your stay. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the Arrangements we have agreed to source and book as part of our agreement - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the Arrangements in question had been properly provided. If the particular Arrangements which gave rise to the claim or complaint complied with local laws and regulations applicable to those Arrangements at the time, the Arrangements will be treated as having been properly provided. This will be the case even if the Arrangements did not comply with the laws and regulations of the UK which would have applied had those Arrangements been provided in the UK.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of your booking (excluding insurance premiums and amendment charges).
(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
You are advised to take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation in the event of illness or accident. We emphasise that some of the events you may book are by their nature inherently dangerous and by participating in these you acknowledge and assume the inherent risks involved. We cannot be responsible for injury or loss suffered by you other than as expressly set out in these booking conditions. For this reason, we request that you be fully and adequately insured. Additionally, should you participate in events which do not form part of the Arrangements booked with us it should be understood that this is also at your own risk and it is your responsibility to obtain the relevant insurance. Please confirm with your Insurers that your insurance policy covers the activities you will be participating in.
(a). We can terminate your Arrangements if your behaviour or that of any members in the booking is likely in our opinion to cause distress, damage, danger or to annoy customers, other members of the party, employees, property or anyone else. If you are prevented from travelling or participating in the Arrangements because we or any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other participants, you will not be able to complete your Arrangements and we will not be liable for any refund, compensation or any costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event associated and/or in the same environment which forms part of your Arrangements or if any facilities or services are removed as a result of their action.
(b). You understand that when you book through us, you accept responsibility for the proper conduct of yourself and other members of the party during your stay. We or the accommodation provider or other supplier reserves the right (acting reasonably) to terminate the arrangement in question of any member of the party due to misconduct. You are also liable to make reimbursements to the accommodation provider or other supplier for any damage caused during your visit. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Some suppliers will require you to make a deposit at the time of arrival in order to cover potential damage. This deposit will be refunded when you leave provided that there is no damage to the suppliers facilities.
(c). You agree to ensure that all members of the party comply with all event timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you as a result.
(d). You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier, including accommodation and entertainment venues.
(e). Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of our suppliers, been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs incurred by you.
Some of the events or activities you may book may require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical problem, allergies or disability which may affect your holiday you must let us know the details of such condition before you make your booking. If in our reasonable opinion we believe that your chosen Arrangements are not suitable for you taking into account your medical problem or disability or you are not being accompanied by someone who could provide all the assistance you may reasonably require where it is reasonable for us to require this we can refuse to accept the booking. If we find out after you have made the booking that you have an existing medical problem or disability and you are not being accompanied by someone who could provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking and impose the cancellation charges as set out in clause 8. Please note that some of the Arrangements we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks please also see clause 11.
14. Complaints procedure
Should you be unhappy with any element of your Arrangements, you should notify the supplier of the Arrangements concerned immediately. If the problem still cannot be resolved, you should contact us as soon as possible at the time. If you continue to be dissatisfied on your return, you should write to us formally setting out your points within 14 days of returning from your holiday if your complaint or claim does not involve death or personal injury or illness or within 3 months of returning from your holiday if your complaint or claim involves death, personal injury or illness. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint. As it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 10. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs.
15. Terms and Conditions of Suppliers
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
16. Safety Standards
Please note it is the requirements and standards of the country in which any services which make up your Arrangements which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
17. Passports, visas and health requirements
A full British passport presently takes approximately 4 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this. Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E111. From January 2006 E111 forms will not be valid.) It is the Lead Customers responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
You acknowledge and agree that the Package Travel, Package Holidays and Package Tours Regulations 1992 (the Regulations) do not apply to your agreement with us or to the Arrangements and that we have no liability under the Regulations.
19. Rights of Third Parties
We both hereby exclude any rights that any other party may have in relation to this Agreement under the Contract (Rights of Third Parties) Act 1999.
20. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to Spanish law and shall be subject to the exclusive jurisdiction of the Court of Barcelona, Spain.