1. Definitions and interpretation
1.1 In these Conditions the following definitions apply:
“Affiliate” means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;
“Applicable Law” means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national;
“ATM Corporate Events” means ATM Corporate Events Limited, a company incorporated and registered in England and Wales with company number 04200065, whose registered address is at 9 Holroyd Business Centre, Carrbottom Road, Bradford, BD5 9BP;
“ATM Hospitality” means ATM Hospitality as a part of ATM Corporate Events that provides and delivers official sporting, leisure and concert hospitality packages;
“ATM Hospitality Personnel” means all employees, officers, staff, other workers, agents and consultants of ATM Hospitality, its Affiliates and any of their sub-contractors who are engaged in the performance of the Services from time to time;
“Business Day” means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England;
“Conditions” means the terms and conditions of supply set out in this document;
“Confidential Information” means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential in nature or has been identified as confidential, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;
“Contract” means the agreement between ATM Hospitality and the Customer for the supply and purchase of Services incorporating these Conditions and the Order and including all their respective schedules, attachments, annexures and statements of work;
“Control” means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company and “Controls”, “Controlled” and “under common Control” shall be construed accordingly;
“Controller” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Customer” means the named party in the Contract which has agreed to purchase the Services from ATM Hospitality and whose details are set out in the Order;
“Data Protection Laws” means, as binding on either party or the Services:
(a)the GDPR;
(b)the Data Protection Act 2018;
(c)any laws which implement any such laws; and
(d)any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
“Data Protection Supervisory Authority” means any regulator, authority or body responsible for administering Data Protection Laws;
“Data Subject” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Event” means the event agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services;
“Force Majeure” means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including adverse weather, an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving ATM Hospitality’s or its suppliers’ workforce, and any aspects which ATM Hospitality reasonably believe will affect the safety or practicality of proceeding with the Event, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay;
“GDPR” means the General Data Protection Regulation, Regulation (EU) 2016/679;
“Hospitality Package” means the hospitality package purchased for an Event and agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services;
“International Organisation” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Location” means the address or addresses for performance of the Services as set out in the Order or such other address or addresses as notified by ATM Hospitality to the Customer;
“Order” means the order for the Services from ATM Hospitality placed by the Customer in substantially the same form as set out in the booking form or as set out from time to time by ATM Hospitality;
“Package” means any package purchased for an Event and agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services;
“Personal Data” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Personal Data Breach” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Price” has the meaning set out in clause 3.1;
“processing” has the meaning given to it in applicable Data Protection Laws from time to time (and related expressions, including “process”, “processing”,
“processed”, and “processes” shall be construed accordingly);
“Processor” shall have the meaning given to it in applicable Data Protection Laws from time to time;
“Protected Data” means Personal Data received from or on behalf of the Customer in connection with the performance of ATM Hospitality’s obligations under the Contract;
“Services” means the Services set out in the Order and to be performed by ATM Hospitality for the Customer in accordance with the Contract;
“Sub-Processor” means any agent, sub-contractor or other third party (excluding its employees) engaged by ATM Hospitality for carrying out any processing activities on behalf of the Customer in respect of the Protected Data;
“Tickets” means the tickets purchased for an Event and agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services;
“Ticket Package” means the ticket package purchased for an Event and agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services;
“Travel and Tour Package” means the travel and tour package purchased and agreed to be supplied by ATM Hospitality as per the Order, which forms part of the Services; and.
“VAT” means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services.
1.2 In these Conditions, unless the context requires otherwise:
1.2.1 a reference to the Contract includes these Conditions, the Order, and their respective schedules, appendices and annexes (if any);
1.2.2 any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;
1.2.3 a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
1.2.4 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.5 a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
1.2.6 a reference to a gender includes each other gender;
1.2.7 words in the singular include the plural and vice versa;
1.2.8 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.9 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;
1.2.10 without prejudice to the provisions of clause 11, a reference to legislation is a reference to that legislation as in force at the date of the Contract or amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract;
1.2.11 without prejudice to the provisions of clause 11, a reference to legislation includes all subordinate legislation made as at the date of the Contract or from time to time under that legislation; and
1.2.12 a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
2. Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between ATM Hospitality and the Customer. They supersede any previously issued terms and conditions of purchase or supply.
2.2 The Customer agrees to be bound by the rules and conditions of the organising bodies at the Event and any other legislation governing the control of those properties. For example, if the date of the Event changes then the Customer purchases the Event and not the date of the Event. Refunds will not be given if the date of the Event changes.
2.3 No returns or refunds will be provided unless the Event is cancelled.
2.4 ATM Hospitality shall not be bound to provide refunds in cases where a participant or Customer creates a ‘nuisance’, which will be determined at ATM Hospitality’s sole discretion.
2.5 No variation of these Conditions or to an Order or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of each of ATM Hospitality and the Customer respectively.
2.6 Each Order by the Customer to ATM Hospitality shall be an offer to purchase Services subject to the Contract including these Conditions.
2.7 All ATM Hospitality’s quotations are subject to availability on receipt of the Order and can change at any time.
2.8 If ATM Hospitality is unable to accept an Order, it shall notify the Customer in writing as soon as reasonably practicable.
2.9 ATM Hospitality may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Services shall arise, until the earlier of:
2.9.1 ATM Hospitality’s written acceptance of the Order; or
2.9.2 ATM Hospitality performing the Services or notifying the Customer that they are ready to be performed (as the case may be).
2.10 Rejection by ATM Hospitality of an Order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer.
2.11 Unless otherwise stated in the Order, a special delivery charge may be added to the Order for the delivery of the Packages.
2.12 Tickets will not be issued to the Customer prior to receipt and bank clearance of payment in full of the Price in respect of the relevant Hospitality Package. Following receipt of the Price in full from the Customer, ATM Hospitality shall attempt, but not be obligated, to dispatch the Tickets and any ancillary Event information to the Customer no later than 2 weeks prior to the Event.
2.13 If the Price of the goods increases for any other reason between the date of the Order and the date of delivery ATM Hospitality will notify the Customer of this and give them the choice of accepting the Price increase or cancelling the Order in which case any deposit paid by the Customer will be refunded in full.
2.14 ATM Hospitality may issue quotations to the Customer from time to time. Quotations are invitations to treat only. They are not an offer to supply Services and are incapable of being accepted by the Customer.
2.15 Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.
2.16 Where badges, Tickets, passes or similar form part of the Package, or are purchased by the Customer as an additional item to the Package, the Customer agrees not to resell or allow to be resold any such items to them and they remain for the benefit of the Customer’s guests only.
2.17 Where a Package does not include passes, tickets or admission badges, the Customer must ensure a supply of such bona fide passes for each guest.
2.18 Booking a Travel and Tour Package where the Customer is under 18 years of age.
2.18.1 It is a condition of ATM Hospitality accepting the Customer’s booking in relation to a Travel and Tour Package that the Customer it is at least 18. ATM Hospitality are entitled to assume that this is the case. Under no circumstances can ATM Hospitality accept bookings from anyone who is under 16.
2.18.2 At ATM Hospitality’s discretion, ATM Hospitality may accept a booking from someone who is 16 or 17 and not accompanied by an adult providing that ATM Hospitality have written confirmation from their parent or guardian that they may travel, that the parent or guardian will accept responsibility for the booking and that the party does not include anyone who is under 16.
2.18.3 ATM Hospitality are entitled to cancel any booking which is made in breach of any of these requirements and impose full cancellation charges.
2.19 Optional extras in respect of Travel and Tour Packages.
2.19.1 Some airlines operate on a ‘no frills basis’, therefore checked baggage, meals and refreshments are not automatically included in the cost of the Customer’s arrangement(s) and may need to be added at extra cost at the time of booking or will be payable at the airport or onboard the aircraft.
2.19.2 In addition, other optional extras, including but not limited to pre-bookable seating, extra leg-room seating, airport parking and/or airport hotels are not automatically included in the cost of the Customer’s arrangements.
2.19.3 Optional extras may incur additional charges if not added at the time of booking. For instance, additional charges for cots may be applied by hotels directly.
2.19.4 The Customer should enquire at the time of booking for details of any optional extras and note that suppliers may not permit the cancellation of optional extras or provide a refund in respect of them once booked.
2.20 Split Flights in respect of Travel and Tour Packages.
Where the Customer books more than one flight, each flight constitutes a separate arrangement between the Customer and the relevant airline and the booking conditions of each supplier will apply. As such, any changes to one leg of the Customer’s flight will not necessarily impact upon the other flight(s). For example, cancellation or amendment of a booking for one flight leg by either the Customer or the airline has no impact on any other remaining bookings for other flight legs or other travel services, except that in the event that cancellation or amendment amounts to a significant change, section 5.11 (Changes or cancellations by the supplier in respect of Travel and Tour Packages) of these terms will apply.
3. Price
3.1 The price for the Services shall be as set out in the Order or, where no such provision is set out, shall be calculated in accordance with ATM Hospitality’s scale of charges in force from time to time (the Price).
3.2 The Prices are exclusive of:
3.2.1 Insurance, and all other related charges (including but not limited to congestion charges if the Event is held in London);
3.2.2 VAT (or equivalent sales tax);
3.2.3 Additional costs incurred for health and safety reasons for instance but not limited to where ATM Hospitality Personnel are required to carry equipment upstairs;
3.2.4 the cost of all ATM Hospitality Personnel’s food, drink and accommodation (where necessary) at any Event where ATM Hospitality Personnel are present; and
3.2.5 additional parking charges, where required for parking vehicles, for parking arrangements made in advance of the Event for ATM Hospitality Personnel.
3.3 The Customer shall pay any applicable VAT to ATM Hospitality at the rate(s) ruling at the date of the invoice.
3.4 ATM Hospitality may increase the Prices at any time by giving the Customer not less than 15 Business Days’ notice in writing.
3.5 Notwithstanding clause 3.4, ATM Hospitality may increase the Prices with immediate effect by written notice to the Customer where there is an increase in the direct cost to ATM Hospitality of supplying the relevant Services and which is due to any factor beyond the control of ATM Hospitality.
3.6 All bookings in respect of Travel and Tour Packages.
3.6.1 The Customer should note that local resort charges, which are not included in the cost of their Travel and Tour Package booking, are occasionally levied directly by the hotel and are payable by the Customer in resort.
3.6.2 The Prices ATM Hospitality advertise are based on bookings made by UK residents only. If the Customer is not a UK Resident or UK passport holder, the Customer may be liable upon check-in/check-out for additional charges.
3.6.3 ATM Hospitality will not be liable for any such additional charges under this clause 3.6.
3.7 ATOL cover in respect of Travel and Tour Packages.
3.7.1 The Price of the Travel and Tour Packages may include a flight. Where this occurs ATM Hospitality will purchase flights via their flight supplier who will cover the Customer via their ATOL licence.
3.7.2 ATM Hospitality’s flight package costs will include the amount of £3.50 per person as part of the ATOL Protection Contribution (APC) and ATM Hospitality’s flight supplier will pay this to the CAA. This charge is included in ATM Hospitality’s advertised Prices.
3.7.3 In some cases, ATM Hospitality’s flight supplier may also be a hotel supplier and again the Customer will be covered by the suppliers ATOL licence.
3.7.4 The Customer should note that not all travel services offered and sold by ATM Hospitality will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book a Package with a flight and pay in the United Kingdom.
4. Payment
4.1 ATM Hospitality shall invoice the Customer for the Services, in full, at any time following acceptance of the Order.
4.2 On acceptance of the Order, a non-refundable deposit of up to 100% will contractually have to be paid (even if the Customer decides to cancel the Event at any time).
4.3 Orders need to be paid in full prior to the Event; once this has been done all Hospitality Packages and Events will be delivered.
4.4 The Customer shall pay in full invoice for any Hospitality Package or Event:
4.5 The Customer shall pay all invoices to the bank account nominated by ATM Hospitality.
4.6 Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:
4.6.1 ATM Hospitality may, without limiting its other rights, charge interest on such sums at 4% a year above the base rate of NatWest Bank from time to time in force, and
4.6.2 interest shall accrue on a daily basis and apply from the due date for payment until actual payment in full, whether before or after judgment.
4.7 On completion of the Order for Hospitality Packages and Ticket Packages, the Customer will be liable to pay the full amount of the package cost at all times, including where any cancellations are made by the Customer.
4.8 Payment of Travel and Tour Packages.
The Customer shall pay for any Travel and Tour Packages in full and at the time of booking via bank transfer, credit or debit card.
5. Changes or cancellations
5.1 If the Customer cancels the Event at any time, then full payment of the Order may still have to be paid. This will depend on any contract(s) ATM Hospitality have signed for the booking of the Packages.
5.2 All bookings for hospitality are accepted with ATM Hospitality’s most advanced knowledge of the Event fixture. ATM Hospitality will not be held responsible for the cancellation of Events due to the organising body, overseas arrangements, date changes, bad weather or an event of Force Majeure.
5.3 ATM Hospitality reserves the right to cancel or vary an Event when and if this becomes necessary due to an event of Force Majeure. Where this happens, ATM Hospitality shall have complete discretion as to whether a refund shall be provided and if so, what that refund shall be. ATM Hospitality do not need to give advance notice to the Customer when cancelling or varying an Event due to an event of Force Majeure.
5.4 In the instance that an Event for which Tickets or Hospitality Packages have been purchased is cancelled, refund will be limited to the face value of the Tickets provided only and excludes any refund for ancillary items purchased such as (including but not limited to) packaged hospitality, accommodation and travel costs.
5.5 Refunds over and above the face value of Tickets for Events are at ATM Hospitality’s sole discretion.
5.6 To cancel the Order the Customer must notify ATM Hospitality in person (via telephone) and also in writing via email or hard copy letter.
5.7 Cancellation will only be accepted (as per the Conditions which the Customer has accepted and signed for) upon receipt of the Customer’s notification of cancellation.
5.8 Confirmation of the cancellation will be provided by ATM Hospitality in the form of a hard copy letter only. The Customer shall keep a copy of the cancellation to confirm cancellation acceptance.
5.9 Cancellations in respect of Travel and Tour Packages.
5.9.1 If the Customer or any other member of the Customer’s party decides to cancel confirmed Travel and Tour Package arrangements or any part of them, then the Customer must notify ATM Hospitality in writing.
5.9.2 ATM Hospitality shall then pass on the notification to the supplier(s) concerned in accordance with their booking conditions.
5.9.3 Since the supplier incurs costs in cancelling arrangements, the supplier may charge the cancellation charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure).
5.9.4 If the reason for the Customer’s cancellation is covered under the terms of their insurance policy, they may be able to reclaim these charges.
5.9.5 For the avoidance of doubt, any cancellation charges levied in relation to Travel and Tour Packages are wholly independent from the deposit arrangements on any given booking and in the event that the Customer cancels their booking they must immediately pay any shortfall between payments made against that booking and the cancellation charge applied.
5.10 Changes by the Customer to a Travel and Tour Package.
5.10.1 If the Customer wishes to change any part of their confirmed Travel and Tour Package arrangements, they must inform ATM Hospitality in writing as soon as possible. This should be done by the first named person (Lead Passenger) on the booking.
5.10.2 Whilst ATM Hospitality will do their best to assist, they cannot guarantee that the supplier will be able to meet the requested change as amendments can only be accepted in accordance with the terms and conditions of the supplier. The supplier may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure).
5.10.3 In addition, the Customer must pay ATM Hospitality an administration fee of £100 per change.
5.10.4 The Customer should note that certain arrangements, including most “Low Cost” or so called “No Frills” flights may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
5.11 Changes or cancellations by the supplier in respect of Travel and Tour Packages.
5.11.1 ATM Hospitality will inform the Customer as soon as reasonably possible if the supplier needs to make a significant change to the confirmed arrangements or to cancel them. ATM Hospitality will also liaise between the Customer and the supplier in relation to any alternative arrangements offered by the supplier, but ATM Hospitality will have no further liability to the Customer under this clause 5.
5.11.2 Unfortunately, airlines may occasionally change the type of aircraft on a particular flight without advance warning. Flight timings and days of operation are subject to change and ATM Hospitality will advise the Customer of any significant change if and as soon as they are informed by the airline. Minor timing changes will be shown on the flight tickets, which the Customer should check carefully when received. It is possible that flight times may be changed even after tickets have been dispatched. ATM Hospitality will contact the Customer as soon as possible if the supplier makes them aware of such changes.
5.11.3 ATM Hospitality are not always in a position to confirm the airline or aircraft type which will be used in connection with any particular flight. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle the Customer to cancel or change to other arrangements without paying any supplier(s) charges.
5.11.4 It may be necessary for the Customer to reconfirm their flight with the airline. The Customer should check this in the correspondence received from their flight’s supplier, including the supplier’s booking conditions. The Customer should take a note of any reference number or contact names when reconfirming. If the Customer fails to reconfirm, they may be refused permission to board the aircraft and will not be entitled to receive any refund.
5.11.5 Occasionally the Customer’s accommodation supplier may need to make a change to the booked accommodation. If the Customer has already booked, ATM Hospitality will let the Customer know as soon as they can if there is time before the departure. In the unlikely event that the Customer’s accommodation supplier has to make a change to the booking, it is unlikely that the accommodation supplier will offer a refund of monies paid in connection with the accommodation booking unless the change is a significant change. A significant change would include a change of hotel to that of a lower classification or standard for the whole or a major part of the time the Customer is away or a change of resort for the whole or a major part of the time the Customer is away. This list is not exhaustive and there may be other examples of a significant change. A change of accommodation within the same resort on the same board basis with the same standard classification would not constitute a significant change.
6. Performance
6.1 The Services shall be performed by ATM Hospitality at the Location of the Event on the date(s) specified in the Order.
6.2 The Services shall be deemed performed on completion of the performance of the Services as specified in the Order.
6.3 Time of performance of the Services is not of the essence. ATM Hospitality shall use its reasonable endeavours to meet estimated dates for performance, but any such dates are indicative only.
6.4 ATM Hospitality shall not be liable for any delay in, or failure of performance caused by:
6.4.1 the Customer’s failure to provide ATM Hospitality with adequate instructions for performance or otherwise relating to the Services; or
6.4.2 Force Majeure.
7. Indemnity and insurance
7.1 The Customer shall indemnify, and keep indemnified, ATM Hospitality from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by ATM Hospitality as a result of or in connection with the Customer’s breach of any of the Customer’s obligations under the Contract.
7.2 The Customer shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover its obligations under these Conditions. On request, the Customer shall supply, so far as is reasonable, evidence of the maintenance of the insurance and all of its terms from time to time applicable. The Customer shall on request assign to ATM Hospitality the benefit of such insurance.
7.3 ATM Hospitality does not hold personal accident insurance on behalf of its booking guests. Any Customer concerned about personal accident insurance should seek cover from their own insurance company.
7.4 ATM Hospitality has no Public Liability Insurance.
7.5 If ATM Hospitality are acting as an agent to book an act for the Customer, or the Customer is signing a contract on behalf of a third party for instance an artist/entertainer/Band/Celebrity etc, then ATM Hospitality as the agent are only responsible for supplying the act to the Customer. The Customer is responsible for the act while they are being part of the Event and may need to consider obtaining Public Liability Insurance.
7.6 The Customer agrees to indemnify ATM Hospitality against any claim brought against ATM Hospitality by any third party arising out of any event.
7.7 Travel insurance in respect of Travel and Tour Packages.
The Customer must take out fully comprehensive travel insurance. It will normally cover the Customer in the event of cancellation, against loss of deposit or cancellation fees and for medical costs in the event of becoming ill or having an accident whilst on a Travel and Tour Package. There are some restrictions on insurance, for example pre-existing medical conditions and the Customer should advise the insurance provider of these at the time the policy is taken out. It is the responsibility of the Customer to ensure that the insurance cover they purchase is suitable and adequate for their particular needs.
7.8 IATA TIDS Licence in respect of Travel and Tour Packages.
ATM Hospitality’s IATA TIDS Licence allows ATM Hospitality to confirm and book accommodation for Travel and Tour Packages all around the world as an official agent. All IATA hotel members will allow hotel protection cover for all bookings made by ATM Hospitality.
8. Rights and Responsibilities
8.1 The Customer will be responsible for:
8.1.1 its guests at all times in ensuring that they are well behaved and cause no damage to any facilities, props and equipment provided;
8.1.2 the safe return of season books or cards if these are provided by ATM Hospitality as Tickets for an Event. The Customer should note that all season books need to be returned no later than two days after the Event. If they are not returned safely then a charge will be incurred, for example, for the next game tickets; and
8.1.3 notifying ATM Hospitality in writing and in advance of an Event of any medical conditions or dietary requirements that might affect a participant’s health whilst taking part in the Event. The Customer must warrant the truth of all information supplied with regards to this clause.
8.2 ATM Hospitality accept no responsibility for:
8.2.1 personal possessions brought onto the Location by the Customer or their guests;
8.2.2 vehicles where a car or coach pass has been either issued or sold as part of the Package;
8.2.3 any such passes which are not part of their inclusive Package; or
8.2.4 cancelled Events or not being able to deliver the Event, Tickets or Packages. due to unforeseen circumstances. In the event of this, ATM Hospitality will look to reimburse the Customer with the payment made, subject to adhering to any contract terms and conditions if ATM Hospitality have purchased from a secondary source. The Customer should note that in some cases ATM Hospitality may only receive the face value of the Package or Ticket.
8.3 ATM Hospitality reserves the right to:
8.3.1 outsource events via an experience organisation. All Events purchased from ATM Hospitality will therefore be sold as a Ticket. The outsourced company will take full responsibility for the running and organisation of all Events booked via ATM Hospitality. They take full responsibility for these Events and any incidents need to be reported to them directly at all times. If a claim is made via an incident, then a claim needs to be made to the outsourcing organisation who will take full responsibility via their Public Liability Cover; or
8.3.2 request any participant who creates a nuisance to withdraw from the Event. (ATM Hospitality being the sole decision maker as to whether a person is a ‘nuisance’).
8.4 As soon as the Hospitality Packages or Tickets have been sent via special next day delivery, the responsibility is of the Customer. ATM Hospitality has fulfilled the Contract and cannot be held responsible for any losses to the Packages. ATM Hospitality will try to ensure compliance with any delivery times and dates given, however such times and dates are an estimate only. ATM Hospitality will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery. As soon as Packages have been sent the Packages cannot be cancelled by the Customer.
8.5 ATM Hospitality will not be responsible in respect of Travel and Tour Packages:
8.5.1 where the arrangements cannot be provided or cannot be provided as described due to circumstances beyond ATM Hospitality’s or the applicable provider’s control;
8.5.2 where the Customer incurs any loss or damage that relates to any business activity; or which could not have been foreseen at the time the Customer made their booking in the light of the information given to ATM Hospitality at the time of booking;
8.5.3 for any act or omission by any person not employed directly by ATM Hospitality or under ATM Hospitality’s immediate control and, whilst ATM Hospitality have chosen their suppliers with care, ATM Hospitality have no control over their suppliers and so cannot be held responsible for any act or omission of their suppliers or their servants, agents or employees;
8.5.4 for any economic loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services under these terms of business or otherwise in connection with these terms of business; or
8.5.5 for any losses (howsoever arising) which were not reasonably foreseeable at the time the booking was made.
8.6 Travel documentation in respect of Travel and Tour Packages.
8.6.1 The Customer should check the travel documents sent to them and any other documentation they receive in relation to their booking as soon as it is received. The Customer should contact ATM Hospitality immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. ATM Hospitality cannot accept any liability if they are not notified of any inaccuracy in any documentation (including Tickets) within 3 days of it being provided to the Customer. ATM Hospitality will endeavour to rectify or arrange for the rectification of any errors notified to ATM Hospitality outside these time limits, but the Customer will be responsible for any costs involved in doing so.
8.6.2 It is a condition when booking a Travel and Tour Package with ATM Hospitality that the Customer has a valid and working email address. All travel documentation will be issued electronically (except for some airline tickets). Should the Customer request any documentation posting, the Customer will be charged a handling fee of £10 to cover administration costs and Royal Mail Special Delivery.
8.7 Passports and visas in respect of Travel and Tour Packages.
8.7.1 Customers of a Travel and Tour Package with a non-British passport must check passport and visa requirements with the Embassy or Consulate of the countries to, or through, which they are intending to travel. Requirements may change and the Customer must check the up-to-date position in good time before departure. For travel to Europe the Customer should obtain a completed and issued form EHIC prior to departure.
8.7.2 It is the responsibility of the Customer to ensure that they are in possession of all necessary travel and health documents before departure. ATM Hospitality cannot accept any liability if the Customer is refused entry onto any transport or into any country due to failure on the Customer’s part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on ATM Hospitality, the Customer will be responsible for reimbursing ATM Hospitality accordingly.
9. Limitation of liability
9.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.
9.2 Subject to clauses 9.5 and 9.6, liability of ATM Hospitality in respect of all claims arising under any Contract shall be limited to the amounts of the Price or charges payable to ATM Hospitality under such Contracts.
9.3 Subject to clauses 9.5 and 9.6, ATM Hospitality shall not be liable for any damage or consequential, indirect or special losses whatsoever.
9.4 Subject to clauses 9.5 and 9.6, ATM Hospitality shall not be liable for any of the following (whether direct or indirect):
9.4.1 non-completion of the Package, activity or Event or for any losses or additional expenses due to delays arising as a result of:
9.4.1.1 changes or cancellations to aircraft, trains, coaches, steamers or other services;
9.4.1.2 sickness, strikes, war, riots, lockouts, quarantine or other cause whatsoever effecting any trade ATM Hospitality is concerned;
9.4.1.3 exceptionally adverse weather conditions; or
9.4.1.4 loss or damage by fire or floods or any other cause beyond its reasonable control.
9.4.2 loss of profit;
9.4.3 loss or corruption of data;
9.4.4 loss of use;
9.4.5 loss of production;
9.4.6 loss of contract;
9.4.7 loss of opportunity;
9.4.8 loss of savings, discount or rebate (whether actual or anticipated); or
9.4.9 harm to reputation or loss of goodwill.
9.5 The limitations of liability set out in clauses 9.2 to 9.4 shall not apply in respect of any indemnities given by the Customer under the Contract.
9.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be excluded or limited in any way in respect of the following:
9.6.1 death or personal injury caused by negligence or that of any of ATM Hospitality Personnel whilst acting in the course of their employment;
9.6.2 fraud or fraudulent misrepresentation;
9.6.3 any other losses which cannot be excluded or limited by Applicable Law; or
9.6.4 any losses caused by wilful misconduct.
9.7 No representative escort, agent or other employee of ATM Hospitality is authorised to commit ATM Hospitality to any admission of liability whatsoever.
10. Confidentiality and announcements
10.1 The Customer shall keep confidential all Confidential Information of ATM Hospitality and of its Affiliates and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:
10.1.1 any information which was in the public domain at the date of the Contract;
10.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
10.1.3 any information which is independently developed by the Customer without using information supplied by ATM Hospitality or by any Affiliate of ATM Hospitality; or
10.1.4 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
10.2 This clause shall remain in force in perpetuity.
10.3 The Customer shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
10.4 To the extent any Confidential Information is Protected Data (as defined in clause 11) such Confidential Information may be disclosed or used only to the extent such disclosure or use is in compliance with and does not conflict with any of the provisions of clause 11.1.
11. Processing of Personal Data
11.1 The parties agree that the Customer is a Controller and that ATM Hospitality is a Processor for the purposes of processing Protected Data pursuant to the Contract. The Customer shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The Customer shall ensure all instructions given by it to ATM Hospitality in respect of Protected Data (including the terms of the Contract) shall at all times be in accordance with Data Protection Laws. Nothing in the Contract relieves the Customer of any responsibilities or liabilities under any Data Protection Laws.
11.2 ATM Hospitality shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of the Contract.
11.3 The Customer shall indemnify and keep indemnified ATM Hospitality against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a Data Protection Supervisory Authority) arising out of or in connection with any breach by the Customer of its obligations under this clause 11.
11.4 ATM Hospitality shall:
11.4.1 only process (and shall ensure ATM Hospitality Personnel only process) the Protected Data in accordance with schedule 1 and the Contract (including when making any transfer to which clause 11.9 relates), except to the extent:
11.4.1.1 that alternative processing instructions are agreed between the parties in writing; or
11.4.1.2 otherwise required by Applicable Law (and shall inform the Customer of that legal requirement before processing, unless Applicable Law prevents it doing so on important grounds of public interest); and
11.4.2 without prejudice to clause 11.1, if ATM Hospitality believes that any instruction received by it from the Customer is likely to infringe the Data Protection Laws it shall be entitled to cease to provide the relevant Services until the parties have agreed appropriate amended instructions which are not infringing.
11.5 Taking into account the state of technical development and the nature of processing, ATM Hospitality shall implement and maintain the technical and organisational measures set out in schedule 1 to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
11.6 ATM Hospitality shall:
11.6.1 not permit any processing of Protected Data by any agent, subcontractor or other third party (except its or its Sub-Processors’ own employees in the course of their employment that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the prior written authorisation of the Customer;
11.6.2 prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this clause 11 (including those relating to sufficient guarantees to implement appropriate technical and organisational measures) that is enforceable by ATM Hospitality and ensure each such Sub-Processor complies with all such obligations;
11.6.3 remain fully liable to the Customer under the Contract for all the acts and omissions of each Sub-Processor as if they were its own; and
11.6.4 ensure that all natural persons authorised by ATM Hospitality or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.
11.7 The Customer authorises the appointment of the Sub-Processors listed in schedule 1.
11.8 ATM Hospitality shall (at the Customer’s cost):
11.8.1 assist the Customer in ensuring compliance with the Customer’s obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to ATM Hospitality; and
11.8.2 taking into account the nature of the processing, assist the Customer (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of the Customer’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data.
11.9 ATM Hospitality shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the United Kingdom or to any International Organisation without the prior written authorisation of the Customer.
11.10 ATM Hospitality shall, in accordance with Data Protection Laws, make available to the Customer such information that is in its possession or control as is necessary to demonstrate ATM Hospitality’s compliance with the obligations placed on it under this clause 11 and to demonstrate compliance with the obligations on each party imposed by Article 28 of the GDPR (and under any equivalent Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by the Customer (or another auditor mandated by the Customer) for this purpose (subject to a maximum of one audit request in any 12 month period under this clause 11.10).
11.11 ATM Hospitality shall notify the Customer without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.
11.12 On the end of the provision of the Services relating to the processing of Protected Data, at the Customer’s cost and the Customer’s option, ATM Hospitality shall either return all of the Protected Data to the Customer or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any Applicable Law requires ATM Hospitality to store such Protected Data. This clause 11 shall survive termination or expiry of the Contract.
12. Force Majeure
Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 30 days, either party may terminate the Contract by written notice to the other party.
13. Termination
13.1 ATM Hospitality may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:
13.1.1 the Customer commits a material breach of Contract and such breach is not remediable;
13.1.2 the Customer commits a material breach of the Contract which is capable of being remedied and such breach is not remedied within 14 days of receiving written notice of such breach;
13.1.3 the Customer has failed to pay any amount due under the Contract on the due date and such amount remains unpaid within 30 days after ATM Hospitality has given notification that the payment is overdue; or
13.1.4 any consent, licence or authorisation held by the Customer is revoked or modified such that the Customer is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.
13.2 ATM Hospitality may terminate the Contract at any time by giving notice in writing to the Customer if the Customer:
13.2.1 stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;
13.2.2 is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986 or if ATM Hospitality reasonably believes that to be the case;
13.2.3 becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;
13.2.4 becomes subject to a moratorium under Part A1 of the Insolvency Act 1986;
13.2.5 becomes subject to a restructuring plan under Part 26A of the Companies Act 2006;
13.2.6 becomes subject to a scheme of arrangement under Part 26 of the Companies Act 2006;
13.2.7 has a receiver, manager, administrator or administrative receiver appointed over all or any part of its undertaking, assets or income;
13.2.8 has a resolution passed for its winding up;
13.2.9 has a petition presented to any court for its winding up or an application is made for an administration order, or any winding-up or administration order is made against it;
13.2.10 suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
13.2.11 is subject to any procedure for the taking control of its goods that is not withdrawn or discharged within seven days of that procedure being commenced;
13.2.12 has a freezing order made against it;
13.2.13 is subject to any recovery or attempted recovery of items supplied to it by a supplier retaining title to those items;
13.2.14 is subject to any events or circumstances analogous to those in clauses 13.2.1 to 13.2.13 in any jurisdiction; or
13.2.15 takes any steps in anticipation of, or has no realistic prospect of avoiding, any of the events or procedures described in clauses 13.2.1 to 13.2.14 including giving notice for the convening of any meeting of creditors, issuing an application at court or filing any notice at court, receiving any demand for repayment of lending facilities, or passing any board resolution authorising any steps to be taken to enter into an insolvency process.
13.3 ATM Hospitality may terminate the Contract any time by giving not less than four weeks’ notice in writing to the Customer if the Customer undergoes a change of Control or if it is realistically anticipated that it shall undergo a change of Control within two months.
13.4 The right of ATM Hospitality to terminate the Contract pursuant to clause 13.2 shall not apply to the extent that the relevant procedure is entered into for the purpose of amalgamation, reconstruction or merger (where applicable) where the amalgamated, reconstructed or merged party agrees to adhere to the Contract.
13.5 If the Customer becomes aware that any event has occurred, or circumstances exist, which may entitle ATM Hospitality to terminate the Contract under this clause 13, it shall immediately notify ATM Hospitality in writing.
13.6 Termination or expiry of the Contract shall not affect any accrued rights and liabilities of ATM Hospitality at any time up to the date of termination.
14. Notices
14.1 Any notice or other communication given by a party under these Conditions shall:
14.1.1 be in writing and in English;
14.1.2 be signed by, or on behalf of, the party giving it; and
14.1.3 be sent to the relevant party at the address set out in the Contract.
14.2 Notices may be given, and are deemed received:
14.2.1 by hand: on receipt of a signature at the time of delivery;
14.2.2 by Royal Mail recorded signed for post: at 9.00 am on the second Business Day after posting;
14.2.3 by Royal Mail International Tracked & Signed post: at 9.00 am on the fourth Business Day after posting;
14.2.4 by fax: on receipt of a transmission report from the correct number confirming uninterrupted and error-free transmission; or
14.2.5 by email on receipt of a read receipt email from the correct address.
14.3 Any change to the contact details of a party as set out in the Contract shall be notified to the other party in accordance with clause 14.1 and shall be effective:
14.3.1 on the date specified in the notice as being the date of such change; or
14.3.2 if no date is so specified, 5 Business Days after the notice is deemed to be received.
14.4 All references to time are to the local time at the place of deemed receipt.
14.5 This clause does not apply to notices given in legal proceedings or arbitration.
15. Cumulative remedies
The rights and remedies provided in the Contract for ATM Hospitality only are cumulative and not exclusive of any rights and remedies provided by law.
16. Time
Unless stated otherwise, time is of the essence of any date or period specified in the Contract in relation to the Customer’s obligations only.
17. Further assurance
The Customer shall at the request of ATM Hospitality, and at the Customer’s own cost, do all acts and execute all documents which are necessary to give full effect to the Contract.
18. Entire agreement
18.1 The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
18.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
18.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.
19. Variation
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, each party.
20. Assignment
20.1 The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without ATM Hospitality’s prior written consent, which it may withhold or delay at its absolute discretion.
20.2 Notwithstanding clause 20.1, the Customer may perform any of its obligations and exercise any of its rights granted under the Contract through any Affiliate provided that it gives ATM Hospitality prior written notice of such subcontracting or assignment including the identity of the relevant Affiliate. The Customer acknowledges and agrees that any act or omission of its Affiliate in relation to the Customer’s rights or obligations under the Contract shall be deemed to be an act or omission of the Customer itself.
21. Set off
21.1 ATM Hospitality shall be entitled to set-off under the Contract any liability which it has or any sums which it owes to the Customer under the Contract or under any other contract which ATM Hospitality has with the Customer.
21.2 The Customer shall pay all sums that it owes to ATM Hospitality under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
22. No partnership or agency
The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
23. Equitable relief
The Customer recognises that any breach or threatened breach of the Contract may cause ATM Hospitality irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to ATM Hospitality, the Customer acknowledges and agrees ATM Hospitality is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
24. Severance
24.1 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
24.2 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
25. Waiver
25.1 No failure, delay or omission by ATM Hospitality in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
25.2 No single or partial exercise of any right, power or remedy provided by law or under the Contract by ATM Hospitality shall prevent any future exercise of it or the exercise of any other right, power or remedy by ATM Hospitality.
25.3 A waiver of any term, provision, condition or breach of the Contract by ATM Hospitality shall only be effective if given in writing and signed by ATM Hospitality, and then only in the instance and for the purpose for which it is given.
26. Compliance with law
The Customer shall comply with Applicable Law and shall maintain such licences, authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.
27. Conflicts within contract
If there is a conflict between the terms contained in the Conditions and the terms of the Order, schedules, appendices or annexes to the Contract, the terms of the Conditions and of Part 1 and Part 2 of schedule 1 shall prevail to the extent of the conflict.
28. Costs and expenses
The Customer shall pay its own costs and expenses incurred in connection with the negotiation, preparation, signature and performance of the Contract (and any documents referred to in it).
29. Third party rights
29.1 Except as expressly provided for in clause 29.2, a person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
29.2 Any Affiliate of ATM Hospitality shall be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract. The consent of any such Affiliate is not required in order to rescind or vary the Contract or any provision of it.
30. Dispute resolution
30.1 Any dispute arising between the parties out of or in connection with the Contract shall be dealt with in accordance with the provisions of this clause 30.
30.2 The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.
30.3 The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedure:
30.3.1 Within five Business Days of service of the notice, the Contract Managers of each of the parties shall meet to discuss the dispute and attempt to resolve it.
30.3.2 If the dispute has not been resolved within five Business Days of the first meeting of the Contract Managers, then the matter shall be referred to the Chief Executives (or persons of equivalent seniority) of each of the parties. The Chief Executives (or equivalent) shall meet within five Business Days to discuss the dispute and attempt to resolve it.
30.4 Either party may issue formal legal proceedings at any time whether or not the steps referred to in clause 30.3 have been completed.
31. Governing law
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
32. Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
Schedule 1
Part 1 – Data processing details
Processing of the Protected Data by ATM Hospitality under the Contract shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Part 1 of schedule 1.
1.Subject-matter of processing:
The Customer’s Event.
2.Duration of the processing:
For the term of the Contract.
3.Nature and purpose of the processing:
To fulfil the Contract.
4.Type of Personal Data:
Name, address, email, telephone number, bank details.
5.Categories of Data Subjects:
Customer, suppliers, Customer’s personnel.
Part 2 – Technical and organisational security measures
ATM Hospitality shall implement and maintain the following technical and organisational security measures to protect the Protected Data:
In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with the Contract, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, ATM Hospitality shall implement appropriate technical and organisational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d) (inclusive) of the GDPR.
