Terms & Conditions
FOR THEMED EVENTS
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 6, 9 & 12.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Booking: Your booking for the Services, whether verbal or written;
(b) Deposit: the non-refundable deposit required to secure Bookings as specified in our price list;
(c) Event Outside Our Control: is defined in clause 10.2;
(d) Price: the purchase price for the Services contained in Our price list, as updated from time to time;
(e) Service(s): the themed event services We will provide to You as specified in Your Booking;
(f) Terms: the terms and conditions, as updated from time to time;
(g) We/Our/Us: Mercat Tours Limited, company number SC214665, registered office at Mercat House, 28 Blair Street, Edinburgh EH1 1QR;
(h) Working Day: any day which is not Saturday, Sunday, or a local public holiday in Edinburgh, and
(i) You/Your/Group: the individual, group, company, or other entity named on/making the Booking. If a Group, the group leader named in the Booking is deemed to have accepted these Terms on behalf of the whole group and all members of the Group are joint and severally liable under these Terms.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to You. These Terms apply to the exclusion of any other terms and conditions that You may seek to incorporate (or which may be implied by trade, custom or course of dealing.) In the event of a conflict, these Terms prevail.
2.2 Not with standing clause 2.1, if it is expressly agreed by Us that Your terms and conditions also apply to the provision of Services as detailed in Your Booking, and in the event that there are conflicting terms, You will use Your best endeavours to negotiate with Us to come to amutual agreement on the said conflicting terms.
2.3 Please ensure that You read these Terms carefully, and check that the details on Your Booking and in these Terms are complete and accurate, before continuing with the Booking. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.4 Provisional Bookings can be made in person, over the telephone, on Our website (www.mercatpresents.com) or via email.
2.5 When You submit Your Booking to Us, this does not mean We have accepted Your Booking for Services. Our acceptance of Your Booking will take place as described below. If We are unable to supply You with the Services, We will inform You of this verbally or in writing and We will not process Your Booking, nor accept payment.
2.6 We will contact You to tell You that We are able to provide You with the Services and send to You a Deposit invoice.
2.7 In order to confirm Your Booking, We must receive Your non-refundable deposit within 14 Working Days of the date on the Deposit invoice.
2.8 We will there after inform You that Your Booking is confirmed and issue Your confirmation document and You will be deemed to have accepted these Terms, and the contract between You and Us will come into existence.
2.9 If You do not comply with the terms of clause 2.7, We reserve the right to release Your provisional Booking.
2.10 If You make a Booking which has a Service start date in less than 7 Working Days, clauses 2.6,
2.7 and 2.8 will not apply, and We will confirm Your Booking and these Terms will become binding on You and Us and the contract between You and Us will come into existence when We receive full payment of the Price from You as per clause 8.6.
2.11 The date, start time, length and/or end time of or in relation to the provision of Services shall be specified in Your Booking.
3. CHANGES TO BOOKING
3.1 You may increase the parameters of Your Booking up to 7 Working Days prior to the Service start date by sending Us written notice of the amendments. We will confirm Your amendments by issuing a pre-service invoice for the amended Price.
3.2 If You wish to increase the parameters of Your Booking less than 7 Working Days prior to the Service start date, up to the Service start time, this must be intimated verbally or in writing to Us as soon as possible. If We are able to facilitate Your request for increased Services, We will use Our reasonable endeavours to do so and We will confirm the amendment with You verbally or in writing. We will advise You of any increase in Price, and We will include any increase in the post-service invoice issued to You.
3.3 You may decrease the parameters of Your Booking up to 7 Working Days before the Service start date by no more than 10% of the total Price. This will be done at no additional charge to You.
3.4 If You wish to make significant reductions to Your Booking, You can do so up to 7 Working Days prior to the Service start date. We reserve the right to amend the Price payable and charge You for any work and/or materials used in preparation of Your original Booking. If You are unhappy with the amended Price, You have the right to cancel Your Booking in accordance with clause 11.
3.5 Notwithstanding the foregoing, You cannot make significant reductions to Your Booking less than 7 Working Days prior to the Service start date. In such circumstances, We reserve the right to charge full Price as stated in Your Booking.
3.6 If You wish to cancel Your Booking before it has been fulfilled, please see Your right to do so in clause 11.
4. PROVIDING SERVICES
4.1 We will supply the Services to You on the date and time specified in Your Booking.
4.2 We will make every reasonable effort to provide the Services on the specified date and time. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
4.3 We reserve the right to make minor amendments to the Services if necessary in the circumstances. Such minor amendments will not affect the overall provision of Services.
4.4 We reserve the right to correct and amend any errors contained in Our promotional material, website or any of Our other documents at any time.
4.5 If You do not pay Us for the Services when You are supposed to as set out in clause 8, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts (except where You dispute an invoice under clause 8.9). This does not affect Our right to charge You interest under clause 8.8.
5. YOUR OBLIGATIONS
5.1 No later than 7 Working Days prior to the Service Start Date, We require from You:
(a) Confirmation of the full Services required by You, including any optional additional Services (as applicable);
(b) Confirmation of the total number of Our representatives You require;
(c) Confirmation of start/end times and the order of events;
(d) Full payment of all agreed pre-event costs as detailed in Your Booking; and
(e) Any other information reasonably requested by Us.
5.2 You are obliged to comply with these Terms at all times.
5.3 You must act reasonably and co-operate with Us in the provision of Services to You.
5.4 In the interests of health and safety, You must comply with all reasonable verbal instructions and requests from Our representatives during the Services.
5.5 If You cause any damage to Our property, You are obliged to indemnify Us for the full cost of replacing the item or repairing the damage.
5.6 You must not, at any time during the provision of Services, be under the influence of alcohol or drugs – see clause 12.3.
6. SERVICE SPECIFIC REQUIREMENTS
6.1 Stage: You must provide:-
(a) a minimum performance space of 3m x 2m;
(b) a 2m wide clear access route from the entrance of the room to the performance area; and
(c) sufficient space between tables to allow the cast to circulate among seated guests.
6.2 Sound Equipment: You must provide, if reasonably requested by Us in advance of Service start date, simple PA equipment if the venue and/or audience is large at no cost to Us.
6.3 Dressing Room: You must provide a dressing room:-
(a) to accommodate Our representatives for the event;
(b) with a table, chairs, mirror and hanging space for costumes, and
(c) which is secure for storing personal effect, props etc.
6.4 Set Up Time: You must ensure Our representatives have at least 30 minutes set up time prior to guests arriving.
6.5 Meal: You must provide a simple meal and soft drinks for all of Our representatives providing the Services, and We will advise You of any dietary needs in advance of the event.
6.6 Accommodation: If Your Booking results in distance and/or timings which make an overnight stay necessary, You must provide suitable bed and breakfast accommodation for all Our representatives at no cost to Us.
6.7 Access, Parking & Travel: You must:-
(a) advise Us of access routes to the venue;
(b) reserve a parking space(s) at the venue or reasonably close by for Our representatives, and
(c) all travel costs will be included in the Price of Your Booking and accounted for inany initial quotation provided by Us.
7. IF THERE IS A PROBLEM WITH THE SERVICES
7.1 In the unlikely event that You are unsatisfied with the Services, please contact Us and tell Us as soon as reasonably possible and within 30 Working Days, We will consider Your comments fully and report back to You on any outcome and/or action taken as a result of Your comments.
7.2 If You are a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. PRICE, PAYMENT AND INVOICING
8.1 The Price of the Services excludes VAT, unless stated otherwise.
8.2 You may either pay by cash, cheque or BACS.
(a) Please make all cheques payable to Us, Mercat Tours Limited.
(b) If You are paying by BACS, You must provide Us with a remittance note advising that You have done so, either by fax or by email using the information found in clause 14.
(c) Our details are:
Account Holder: Mercat Tours Limited
Bank: Royal Bank of Scotland plc.
Branch Sort Code: 83-34-00
Bank Address: Edinburgh North Bridge Branch
31 North Bridge, Edinburgh EH1 1SF
Account Number: 00262151
BIC: RBOS GB2L
IBAN: GB04 RBOS 8334 0000 2621 51
8.3 All payments must be paid in sterling (GBP). Payment in foreign currency will not be accepted. Payment from foreign bank accounts must be agreed with Us in advance and may incur a bank charge, which must be met by You and will be invoiced by Us after full payment for Services has been paid.
8.4 On receipt of Your Booking, We will issue a Deposit invoice to You for payment of Your Deposit. This invoice must be paid in accordance with clause 2.
8.5 7 Working Days prior to the Service start date, We will issue a pre-service invoice to You. This invoice will be based on all fixed costs known 7 Working Days prior to the Service start date.
We must receive payment for the pre-service invoice prior to the Service start date.
8.6 If You make a Booking which relates to a Service start date in less than 7 Working Days as per clause 2.10 above, a Deposit invoice will not be issued, and payment for the deposit and all fixed costs known at the time must be paid immediately.
8.7 After the Services have been provided, We will issue a post-service invoice in relation to all unfixed costs and any additions or amendments to the Service intimated by You and agreed by Us after the pre-service invoice has been issued. This invoice must be paid within 14 Working Days of date of issue.
8.8 If You do not make any payment due to Us by the due date for payment as specified on the invoice, We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland plc. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us any such interest together with any overdue amount.
8.9 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 8.8 will not apply for the period of the dispute.
9. OUR LIABILITY TO YOU
9.1 If We materially fail to comply with these Terms, We are responsible for any material loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Material loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time the contract came into existence.
9.2 Our total liability under clause 9.1 shall not exceed the total Price of the Services as stated in Your Booking.
9.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our
employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 11B of the Supply of Goods and Services
Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections11C, 11D and 11E of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation adverse weather conditions, strikes, lock-outs or other industrial action by Our representatives/contractors and/or third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will reschedule the Services as soon as reasonably possible after the Event Outside Our Control is over, or offer alternative Services where possible.
10.4 You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 1 week in accordance with Our cancellation rights in clause 12.1.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE CHARGES
11.1 You have the right to cancel Your Booking for Services. In the event that You cancel Your Booking, the following will apply:
(a) If You notify Us either verbally or in writing that You are cancelling Your Booking less than 7 Working Days prior to the Services start date, You will be charged the full Price for the Booking.
(b) If You notify Us either verbally or in writing that You are cancelling Your Booking more than 7 Working Days prior to the start date for the Services, any Deposit paid for the Booking will be retained and not refunded to You.
(c) We will confirm Your cancellation verbally or in writing to You.
11.2 Not with standing clause 11.1, if You choose to cancel Your Booking for Services because We are affected by an Event Outside Our Control, You must provide written notice to Us that You are cancelling Your Booking as a result of an Event Outside Our Control and We will confirm
Your cancellation in writing to You.
11.3 If You choose to cancel Your Booking as a result of an Event Outside Our Control, We will refund any payment paid for the Services less the Deposit.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may have to cancel Your Booking before the start date for the Services in the following circumstances:
(a) due to an Event Outside Our Control; or
(b) if We become aware of any adverse alternation to Your financial situation; or
(c) if We are unable to provide the Service in terms of Your Booking for any reason.
12.2 If We have to cancel Your Booking under clause 12.1 above, We will promptly contact You to let You know and refund any payments made by You, less the Deposit.
12.3 We reserve the right to cancel and/or suspend the contract for Services at any time with immediate effect by giving You verbal or written notice:
(a) If You do not pay Us when You are supposed to as set out in clause 8. This does not affect Our right to charge You interest under clause 8.8; or
(b) Where there is any risk to Our representative, property or welfare of others as a result of unacceptable behaviour from You. Whether behaviour is unacceptable shall be determined by Us and/or Our representative; or
(c) Where, in Our sole opinion, carrying on with Your Booking may prejudice Our reputation; or
(d) If You are deemed by Us and/or Our Representative to be under the influence of alcohol or drugs; or
(e) Where You do not comply with any of Your obligations under clauses 5 and 6, and any in such circumstances, refunds will not be given.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights in or arising out of or in connection with the Services shall be owned by Us, unless otherwise agreed between You and Us in writing.
13.2 You do not have a right to use Our intellectual property including, but not limited to, Our name, logo and images. Our intellectual property may be used by You in promotional material only with Our prior written consent and approval of such promotional material.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company registered in Scotland. Our company registration number is SC214665 and
Our registered office is at Mercat House, 28 Blair Street, Edinburgh EH1 1QR. Our registered VAT number is 860 1094 48.
14.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our team on +44 (0) 131 225 5445, by fax on +44 (0) 131 225 5443 or by emailing Us at email@example.com.
14.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by e-mail, by fax, by hand, or by pre-paid post to using the details contained in clauses 14.1 and 14.2. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us.
14.4 Further information on the Services can be found in the relevant FAQ section of Our website
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the personal information You provide to Us to:
(a) provide the Services;
(b) process Your payment for such Services; and
(c) inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
15.2 We will not give Your personal data to any third party.
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation, and
We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
16.2 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
16.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.4 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
16.5 These Terms are governed by Scots law. You and We both agree to submit to the nonexclusive jurisdiction of the Scottish courts.