Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (“Terms”), which relate to the sale of Official Travel Packages for Rugby World Cup France 2023 which will take place at from 8 September, to 28 October, 2023 (the “Event”), apply between the client (“you” or “Customer”) and BH Hospitality Limited (“BHH”, “we” or “us”) located at Unit 701, 7th Floor, Sino Plaza, 255-257 Gloucester Road, Causeway Bay, Hong Kong. BHH has been appointed as an Official Travel Agent to package an official ticket to the Event along with individual elements of Services (such as, but not limited to hotel rooms, air transportation, ground transportation and transfers), as an official travel package (each an “Official Package”).
Reference below to “Services” shall apply to the sale of Official Packages, depending on which of these services you have requested and purchased as part of your Official Package(s).
By signing and returning the Proposal to us (as specified in Clause 1.1) you agree to purchase Services from us subject to these Terms. Each Confirmation (as described in Clause 1.2) shall be deemed to be a separate contract between us, to which these Terms apply.
Reserving & Booking Services
1.1 Making your initial reservation: Once we have received a request from you, we shall, subject to availability, reserve the Services specified exclusively for you and specify such reservation(s) in a corresponding proposal (the “Proposal”) which we shall then send to you.
1.2 Confirming your reservation: On or before the option date referred to in the Proposal(the “Option Date”), you must confirm to us the number and type of Services you wish to retain (being the “Confirmed Services”) by signing and returning the Proposal to us (asigned and returned Proposal being a “Confirmation”). All Services which are not so confirmed on or before the Option Date will be automatically cancelled. We shall send you an invoice requesting payment in accordance with the payment schedule which you will see below at Clause 2.3.
1.3 Purchasing an Official Package: If you have purchased an Official Package then, if you choose to exercise your cancellation rights in accordance with Clause 3, you may not cancel the individual elements that make up your Official Package but may only cancel the combined elements of the Official Package you have purchased.
Paying for Your Services
2.1 Subject to any cancellations in accordance with these Terms you agree to pay the total amount payable as set out in the Confirmation. We acknowledge this amount shall include all applicable charges and taxes at the prevailing rate subject to Clause 2.4 regarding payment arrangements.
2.2 Incidental Charges: The amount set out in the Confirmation does not cover any incidental charges incurred by or on behalf of the person(s) using the Confirmed Services, including but not limited to room service, food and beverage (unless expressly included), telephone calls and all service charges and taxes. You or your guests may therefore be required by the hotel upon check-in (arrival) to guarantee payment of any and all such incidental charges with a major credit card or cash deposit.
2.3 Payment Schedule: You agree to pay as follows for all Confirmed Services together with any relevant Cancellation Fees (as described in Clause 3.3) and Processing Fees (as described in Clause 3.2) (the “Total”):
(i) When the Option Date on the Proposal falls on or before 15 January, 2023 you shall pay:
a) Fifty percent (50%) of the total within fifteen (15) days of the Option date
b) The balance (if any) of the Total (the “Balance”) on or before 1 February, 2023.
(ii) When the option date on the Proposal falls on or after 15 January, 2023 you shall pay the Total amount within 7 days of the Option Date.
The price of the Confirmed Services is fully guaranteed and will not be subject to any surcharges (save as described in Clause 2.2 and 2.4).
2.4 Payment Arrangements: Details of how you can pay will be set out in our invoice. We reserve the right to charge a handling fee in respect of any payments you make by credit or debit card. Full details are available on request and will be specified in our invoice.
2.5 Late Payment: If full payment of any amount due to us has not been received by the due date and we have still not received payment from you fifteen (15) days after serving notice on you requesting such payment, we shall be entitled to (a) charge you interest on all amounts outstanding at four percent (4%) per annum, (b) refuse to supply any Services, (c) claim for all reasonable losses and costs suffered by us as a result of non-payment and/or late payment, and (d) terminate the agreement for the provision of Confirmed Services pursuant to the Confirmation (the “Agreement) pursuant to Clause 4.5 below.
2.6 Currency – All prices and payments are denominated in Euros.
2.7 Tickets: Tickets will be issued subject to the Ticket General Terms and Conditions of Sale (“the Ticket GTCs”) of GIE Rugby Hospitalities et Voyages and Rugby World Cup Limited. The Ticket GTCs and these Terms & Conditions of Sale each form an integral part of the agreement between us and you, and the Customer irrevocably and unconditionally undertakes and agrees to fully comply with the Ticket GTCs and these Terms. The Ticket GTCs comprise the version to which the Customer agrees to be bound at the date the applicable Proposal is signed by the Customer. The Customer agrees to accept and comply with any updated version of the Ticket GTCs issued subsequently.
2.8 The Customer further agrees to ensure that s/he inform any guests or third parties to whom s/he provides an Official Package, that any such guests or third parties must fully comply with the Ticket GTCs, and the Customer, regardless of the Customer’s fault,
remains primarily liable to BHH for any non-compliance by any such third parties or guests. It is the Customer's responsibility to notify to each of his or her individual guests in writing of the requirements of the Ticket GTCs and to ensure full compliance with the same by such guests.
2.9 Tickets sold by or obtained from any unauthorised source will NOT be valid.
2.10 Tickets must not be: transferred; and/or donated or offered publicly (including on any website) for sale; and/or offered, transferred or used in the course of any business or otherwise for commercial purposes; and/or offered, transferred or used in relation to any promotional purpose, as a prize or otherwise bundled other than as part of an Official Package with any other goods or services (including as part of any hospitality or travel package (for example, by combining any Ticket with flights, hospitality or accommodation) via whatever media or channels, including physical, electronic commerce, social media or
other platforms. Any ticket offered for sale, sold, transferred or otherwise used in breach of this Clause is invalid and deemed as an irremediable breach of this Agreement by you pursuant to Clause 4.5, and GIE Rugby Hospitalities et Voyages and Rugby World Cup Limited and/or BHH is not obliged to admit any person who seeks to use any such ticket to any part of the Event or provide any service to such person directly or via third party suppliers.
Cancelling Your Services
3.1. Cancelling Confirmed Services: Depending on when you cancel the Confirmed Services you will become liable to pay fees as set out at Clause 3.2 and Clause 3.3 below. These fees are calculated to cover our cost of handling your cancellation and are a genuine
pre-estimate of our loss and the costs we will incur.
3.2 The Processing Fee: If you cancel any Confirmed Services before 1 October, 2022,
you will be liable to pay a processing fee of EUR150 (the “Processing Fee”), regardless of
the quantity of Confirmed Services that you cancel.
3.3 The Cancellation Fee: Depending on when we receive notification of your cancellation
you will be liable to pay a cancellation fee (the “Cancellation Fee”) as follows:
▪ Between 1 March, 2022 and 30 September, 2022, you will be liable to a charge of twenty percent (20%) of the value of the Confirmed Services that you cancel.
▪ Between 1 October, 2022 and 31 January, 2023, you will be liable to a charge of fifty percent (50%) of the value of the Confirmed Services that you cancel.
▪ After the 1t February, 2023 the sale of all Confirmed Services shall be FINAL, and you will be liable to pay 100% of the value of all Confirmed Services cancelled after that date.
In the event that you cancel any Confirmed Services and incur a Cancellation Fee and/or a Processing Fee, we will apply all your previously made payments (under any or all Confirmations between us) firstly towards these sums and then towards payment for your remaining Confirmed Services. Any sums remaining will be refunded directly to you.
3.4 Provided you do not commit a serious breach of contract and provided you provide prompt payment we shall not have any right to reduce the number of Confirmed Services.
3.5 If we Change or Cancel the Services: It is unlikely that we will have to make any changes to your Confirmed Services, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so
at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. When a major change occurs, we will inform you as soon as possible if there is time before your departure. You will have the choice of either accepting
the change to your Confirmed Services, accepting an offer of alternative arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your Confirmed Services and receiving a full
refund of all the monies paid.
4.1 Our Liability to You: In order to supply you with the Confirmed Services, we have contracted with third party suppliers that we have taken reasonable care and skill to ensure are reputable. Our role after that point is to secure your booking with the relevant hotel and arrange for you to be provided with the other Services and although we will try to resolve matters where the hotel or other service providers have not complied with any of their obligations, we emphasise that we do not have control over the actual services provided to you by the hotel or other service providers.
Subject to Clause 4.3, we do, however, accept liability where our staff or we have not properly performed our contracted obligations except where such failure/improper performance arose:
a) Wholly due to the acts and/or omissions of the person(s) affected;
b) Due to acts and/or omissions of a person unconnected with the provision of the Confirmed Services and in circumstances beyond our control; and
c) Due to any event which was beyond our control and which we or the supplier of the
service could not have forestalled or foreseen even with all due care.
Our liability, except in cases involving death, injury or illness, in connection with each Confirmation shall be limited to a maximum of three (3) times the total value of the Confirmation. Nothing in this Clause limits our liability for death or personal injury caused
directly by way of our or our staff’s gross negligent act or omission, or for fraud or fraudulent misrepresentation.
4.2 Your Liability to Us: Although we arrange your reservation with the hotel(s) and the provision of the other Services, we cannot be held responsible for the acts and omissions of you and any of the check-in voucher or ticket holders who use the Confirmed Services reserved by you. In the event of any claim, cost or expense arising against us in respect of any such act or omission, you confirm that you will bear the responsibility for this, either by settling and paying for such claims, costs or expenses or, if you dispute any such claim, cost or expense, that you will be responsible for the costs arising in defending such a claim
including our own reasonable costs (if any).
4.3 Damages: If we are in breach of our obligations under the Agreement, we will not be responsible to you in contract, tort (including without limitation negligence) or otherwise for losses that were not foreseeable by both parties when the Agreement was formed, for losses that were not caused by any breach on our part and for any business losses or loss of profits you have suffered arising out of the performance, purported performance or breach of these Terms.
4.4 Amendments: Neither you nor we may alter these Terms without the other’s written agreement.
4.5 Term and Termination: You may terminate the Confirmation by notice in writing in the event that we commit any serious breach of these Terms and fail to remedy it within fifteen (15) days of receipt of notice of such breach requiring remedy of the same. We shall be entitled to terminate a Confirmation and any other transaction between you and us to which these Terms apply, by notice in writing to you if: (a) you commit an irremediable breach, or a remediable breach and fail to remedy it within fifteen (15) days of receipt of notice of said breach requiring remedy of same; (b) you make any voluntary arrangement with your
creditors or become subject to an administrative order or (being an individual or firm) become bankrupt or (being a company) become subject of any winding-up procedures or go into liquidation (otherwise than for the purpose of solvent amalgamation or
reconstruction) or cease or threaten to cease to carry on business or an encumbrancer takes possession or a receiver is appointed to any of your property or assets or if we reasonably apprehend that any such event is about to occur and notify you accordingly.
4.6 Waiver: None of these Terms may be waived except with the express consent of the party or parties who is going to be bound by the waiver. Neither your rights nor our rights under these Terms will be deemed to have been waived by any act or conduct on either your or our part, or by any neglect to exercise or enforce such right or power or by any delay in doing so. The rights and powers that are given to either of us under these Terms shall continue to apply unless and until the person who is going to be bound by a waiver has specifically waived or released such powers. No waiver shall operate as a waiver of any other default or of the same default on a future occasion.
4.7 Assignment: Each Confirmation is personal to you and you may not assign, transfer, subcontract or otherwise part with any benefits or obligations under it without our prior written approval, provided however that you may assign or transfer the right to use any number of Confirmed Services by your guests or third parties pursuant to Clause 2.8 (if any) without our prior written approval. Please note that, subject to Clause 2.8, if you do allow someone else to use the Confirmed Services in accordance with this Clause then you agree, and you agree to inform each of any such guests or third parties, that the Terms
will apply to that guest or third party also.
4.8 Independent Contractors: For the avoidance of any doubt, you and we shall each be
and remain independent contractors with respect to each other and with respect to all rights
obtained and services performed. Nothing herein shall be construed to:
▪ Constitute you and us as partners, joint venturers or co owners;
▪ Constitute you or us as the agent, employee or representative of the other;
▪ Empower you or us to act for, bind or otherwise create or assume any obligations on behalf of the other.
4.9 Notices: All notices, demands, requests or other communications shall be in writing and shall be mailed first class or transmitted by hand delivery or e-mail addressed as follows:
▪ If intended for us addressed to BH Hospitality Limited at Unit 701, 7th Floor, Sino Plaza, 255-257 Gloucester Road, Causeway Bay, Hong Kong or e-mail firstname.lastname@example.org. or to such other address as may be designated by us in writing to you;
▪ If intended for you, at the address or e-mail address provided by you and given on your invoice or to such other address as may be designated by you in writing to us.
Such notices, demands or other communications shall be deemed given upon receipt. In the case of transmission by e-mail, confirmation of the transmission must be made by mailing the original notice demand or communication not later than the business day following the transmission.
4.10 Severability: If any provision or portion of any provision is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provisions shall not be affected by this.
4.11 Binding Agreement: Both you and we intend to rely upon the written terms set out here in the Terms and in the Confirmation. BOTH PARTIES ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE SIGNED PROPOSAL AND THE CONFIRMATION ARE LEGALLY BINDING. BEFORE AGREEING TO THE PROPOSAL YOU SHOULD READ IT CAREFULLY AND ENSURE THAT IT CONTAINS EVERYTHING YOU WANT AND NOTHING YOU ARE NOT PREPARED TO AGREE TO.
4.12 Headings: Section and subsection headings are for ease of reference only and shall not constitute a part of these Terms nor be given any substantive effect.
4.13 Resolution of Complaints: If you encounter a problem in relation to the Services being supplied you should immediately inform the hotel and/or providers of other Services and also our own representative who will do what they can to resolve matters to your satisfaction. If the difficulty is not resolved at the time to your satisfaction you must contact us in writing no later than 28 days after your return at the address provided to you at Clause 4.9 above. If you fail to advise us and/or the supplier promptly about such difficulties this may affect our ability to properly look into and resolve this matter for you. In the unlikely event that we are not able to settle amicably any problems arising out of these Terms and your Confirmation, then both parties may, if they wish, agree to mediate the matter. Mediation shall consist of a process by which the parties shall attempt to resolve a
controversy or claim by submitting it to an impartial, neutral mediator, who is authorised to facilitate a resolution of the controversy or claim, but who is not empowered to impose a settlement upon the parties. Mediation shall take place in Hong Kong.
4.14 Governing Law: Your Confirmation and these Terms shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) (without giving effect to principles of conflict of law thereof). In any proceeding brought under or arising out of the Agreement the parties’ consent to the jurisdiction of the courts within Hong Kong and further consent to service of process by any means authorised by applicable laws.
4.15 Force Majeure: For the purposes of these Terms, “Force Majeure” shall mean Acts of God, war, government action, policy changes or decree, pandemic or epidemic, disaster, strikes (other than strikes by our staff), riot or civil disorder, acts of terrorism or threat of any of the foregoing, curtailment of transportation facilities (to the extent such curtailment was beyond our reasonable control), inclement weather, the postponement or cancellation of the Event or its being relocated to another venue or other emergencies beyond the affected party’s control making it illegal or impossible to provide or take up the Confirmed Services for the purpose of attending the Event. In the event that performance of the Agreement is not possible by reason of Force Majeure, neither party shall be deemed to be in breach of the terms of the Agreement and neither party shall then be obligated in any
manner to the other with respect to such performance. Compensation will not be payable by either party. To the extent we recover monies from our Confirmed Services providers (including the hotels) or insurance we will refund such monies to you and we will use our reasonable efforts to obtain such recovery.
4.16 Insurance: You are responsible for arranging and obtaining appropriate travel insurance, and we strongly recommend that you do so.
4.17 Passport, Visa and Immigration Requirements: Your specific passport and visa requirements, and other immigration requirements are your responsibility, and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.