1. INTERPRETATION
1.1 Definitions:
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time.
Contract: the contract between You and Gingerline in accordance with these Conditions.
Client: See definition for You/Your/Client
Event(s): the immersive theatrical dining experiences designed.
Fee: the charges payable by You to book a place or places at one of our Events
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: Your order to book a place at an Event howsoever received including orally by telephone, on-line, in person or in writing including by email.
we/our/us: Gingerline Ltd, of Ibex House, 162-164 Arthur Road, London SW19 8AQ Company Number: 07518830, a company incorporated in England & Wales.
you/your/Client: the person, organisation, company or firm who reserves a place at an Event.
1.2 Interpretation:
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes email.
2. BASIS OF CONTRACT
2.1 Your Order constitutes an offer by you to reserve a place at one of our Events in accordance with these Conditions.
2.2 The Order will be deemed to be accepted in the following circumstances:
(a) this will be when we have received payment in full at the time of booking; on which date the Contract shall come into existence (Commencement Date).
2.3 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. PUBLIC BOOKINGS
3.1 We will:
(a) comply with the all relevant statutes, laws, regulations and codes of practice from time to time in force.
(b) use all reasonable endeavours to meet the Event date and time specified on our website. We shall not be liable for any delay in delivery of the Event that is caused by a Force Majeure Event;
(c) text You the Event location at 4:00pm on the day of your booking;
(d) will endeavour to accommodate your dietary preferences if supplied a minimum of 96 hours before the time and date of the Event.
3.2 You will:
(a) be over the age of 18.
(b) ensure that the terms of the Order are complete and accurate;
(c) co-operate with us in all matters relating to the Event;
(d) arrive on time for the Event and be appropriately dressed. If you are late for an Event we reserve the right to refuse access and if this happens, you will not be entitled to a refund;
(e) inform us of your own dietary requirements (minimum 96 hours in advance of the Event). Although we will make every effort to cater for food allergies, all meals are prepared in the same kitchen and therefore no guarantee can be given. Please note our food is produced in kitchens that handle nuts, so meals are not suitable for people with severe nut allergies.
4. PAYMENT AND CANCELLATION TERMS
4.1 You will pay the Fee on booking the Event. You will provide valid, up-to-date and complete credit or debit card details and valid, up-to-date and complete contact and billing details. You hereby authorise us to bill such credit card or debit card for the Fee on completion of the Order.
4.2 The Fee is non-refundable and non-transferable.
4.3 We reserve the right to cancel or change the time or date of any Event at our discretion. If we change the time and date of an Event, we will give you an opportunity to cancel your booking and will refund the Fee.
5. RIGHT OF REFUSAL
5.1 We reserve the right to deny admission or future booking to those who:
(a) do not abide by our code of secrecy and share details of the location of the Event or the concept, including photographs on any form of social media;
(b) arrive drunk or are deemed too drunk by members of our staff;
(c) arrive late for an Event
6. LIMITATION OF LIABILITY:
6.1 Nothing in the Contract shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
6.2 Subject to clause 6.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill; and
(g) any indirect or consequential loss.
6.3 Subject to clause 6.2, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total Fees paid under the Contract.
6.4 If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default):
(a) We will without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of any of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations;
(b) We will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 6.2; and
(c) You will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
6.5 This clause 6 shall survive termination of the Contract.
7. CONSEQUENCES OF TERMINATION
7.1 The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
7.2 Clauses which expressly or by implication survive termination shall continue in full force and effect.
8. GENERAL
8.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8.2 Assignment and other dealings.
(a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of Our obligations under the Contract to any third party or agent.
(b) You shall not, without Our prior written consent , assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
8.3 Confidentiality.
(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the Event or the Services, except as permitted by clause 8.3(b).
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract.; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.4 Entire agreement. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.5 Variation. We may revise these terms and conditions at any time and you are advised to check these terms each time you book and Event or place an order for our Services.
8.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
8.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
8.8 Notices.
(a) Any notice given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or sent by fax to its main fax number.
(b) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include email.
8.9 Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
8.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
8.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
