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FULL TERMS
AND CONDITIONS
OF EUROFIVES
LTD.
- FOOTBALL
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1.
DEFINITIONS In these terms and conditions
("the Terms and Conditions"), the following words and expressions
shall have the following meanings:- "Business
Day" means any day which is not a Saturday or Sunday on which banks are
open for general banking business in Scotland. "Customer"
means the person who has signed the attached booking form ("the Booking
Form") which must be signed by every participant named on the form as
comprising part of the Team Group. The
Team Group leader (“Captain”) may sign on behalf of his/her team members but
in doing so undertakes that he/she has the authority to do so and warrants
that the team members have read the Eurofives Terms and Conditions and have
agreed to be bound by them. Those Customers booking by telephone or via the
internet/email are deemed to have accepted the Terms and Conditions, without
having signed a Booking Form. The
Customer will form part of the Team Group for the purposes of participation
in the relevant tournament. "Company" means Eurofives Limited (company
number SC249208) having its registered office at 18 Blacklands Place, Lenzie,
Glasgow, G66 5NJ. "Services"
means the organising and running of the Amstel Trophy Tournament (or
successor tournaments organised by the Company) to be held on various dates
in Amsterdam, The Netherlands, or other specified locations, including
appropriate accommodation, transport between accommodation and tournament
venues, tournament venues, suitable match officials and administrators and
the provision of ancillary football equipment. "Team
Group" means all the individual Customers who are playing together in
the relevant team. “Captain”
means the party leader of the Team Group. The Captain will normally be the
person making the booking. 2.
FORMATION OF CONTRACT 2.1
The agreement between the Company
and any Customer for the provisions of Services is subject to these Terms and
Conditions together with any previous written or oral representations given
or made by the Company or any representative of the Company. If a Customer
requires any changes, they should ask for these to be put in writing. 2.2
No quotation or advertisement by
the Company shall constitute an offer capable of acceptance. A contract shall
be created only when the Company, through a director or duly authorised
representative, has accepted either in writing or orally (subsequently
confirmed in writing) an offer from the Customer to purchase the Services;
such acceptance shall thereupon create a legally binding contract governed by
these Terms and Conditions. 2.3
Any Booking Form sent by any
Customer to the Company and accepted by the Company shall not constitute an
acceptance of any terms and conditions contained in that booking form other
than the Terms and Conditions, which shall govern the contract for Services
between such parties. If a Customer requires any changes, they should ask for
these to be confirmed in writing. 2.4
Where any Customer fills out
successive Booking Forms for various tournaments, which are accepted by the
Company, the delivery of the Services by the Company in each separate case
shall be treated as a separate and legally binding contract, in each case on
these Terms and Conditions. 3.
ALTERATION 3.1
The Company reserves the right to
alter or vary these Terms and Conditions from time to time by giving written
notice of such alteration or variation to the Customer. In the event of any
material alteration or variation, the Customer shall have the right to
terminate the contract in question by written notice, without penalty, before
any such alteration or variation becomes effective. 3.2
The Company reserves the right to
make changes to the provision of Services from time to time. The Company will
not be liable for any loss resulting from any such changes. The Company will
take all reasonable steps to advise the Customer of any such impending
changes in the provision of Services. In the event of any material change to
the Services, the Customer shall have the right to terminate the contract in
question by written notice, without penalty, before any such change becomes
effective. 4.
PRICE 4.1
Prices given by the Company in any
price lists or advertising material or quoted orally or on the Company’s
website are intended only as a guide, are not binding on the Company, and may
vary from time to time. Unless otherwise stated, all prices quoted are
exclusive of Value Added Tax. 4.2 All prices quoted are based on the cost to the Company of
supplying the Services to the Customer. If between the date of signing of the
Booking Form and the date of delivery of the Services such costs vary because
of a) a change in transportation costs or b) a significant variation in
exchange rates applied to that particular booking, the price payable may be
subject to amendment (upwards or downwards). In the event of any material
amendment the Customer may terminate the contract by written notice without
penalty (before any such amendment becomes effective). No price increase or
decrease will be made less than 30 days prior to the stipulated departure
date and variations of less than 2% shall not be eligible to be included in
any price revision. 4.3 Prices do not include flights, holiday
or other insurance, transfers to and from the relevant airport(s) or taxes.
It is the Customer’s responsibility to arrange and pay for such matters. 4.4
Transfers from the customer
accommodation to the tournament venues are included in the price. 5.
CANCELLATION 5.1
Subject to Clause 5.3 the Customer
may cancel booking prior to the relevant tournament. 5.2
The Company reserves the right to
cancel a Booking where: 5.2.1
the Company becomes insolvent; 5.2.2
information comes to the Company’s
attention about a Customer’s or Team Group’s past behaviour which gives the
Company reasonable grounds to believe that the booking, or any individual
associated with it, or the purpose of the booking, might damage the Company’s
reputation and/or have a negative effect on the sporting ethos of the
tournament; and 5.2.3
a reduction in the Team Group's
numbers from the original booking makes their participation impractical. Where the Company cancels a
tournament or Booking for the reasons stated in Clause 5.2.1 to 5.2.2 above,
the Company will refund to the Customer all advance payments made by the
Customer. Where the Company cancels
under Clause 5.2.3 the Customer and any other members of the Team Group will
lose any Deposit paid to the Company in accordance with Clause 6.1. The Company reserves the right to
cancel the football tournament component of the package where: 5.2.4
for reasons beyond the control of
the Company or any Director of the Company it cannot organise the tournament
or the proposed venue for the tournament is unavailable; 5.2.5
the number of participants falls
below the minimum level required 5.2.6
there are adverse weather
conditions; Where the Company cancels the
football tournament component of the package for the reasons stated in Clause
5.2.4 to 5.2.6 above, but where the accommodation component of the package
remains unaffected, the Company will pay appropriate compensation to the
Customer. In the event of cancellation of a
tournament or cancellation of a Team Group/Customer booking, the Company will
not be liable for any expenses incurred by the Customer or Team Group in
relation to travel and insurance in connection with the relevant
tournament. Where the tournament has commenced
but has to be abandoned for the reasons stated below, the Company will not
reimburse the Customer or Team Group for any price paid. The Company can, exercising its
discretion, abandon a tournament once it has commenced under the following
circumstances: (i) where one of the participants sustains a serious injury. (ii) where the Company has reasonable grounds to believe that one
or more of the Team Groups participating in the tournament are not playing in
the spirit intended and whose actions might subsequently damage the Company's
reputation; or (iii) any other grounds the Company considers reasonable. 5.3
In the event of cancellation, in
accordance with Clause 5.1, the following scale of charges will apply and be
payable by the Customer :- 5.3.1
cancellation more than eight weeks
prior to tournament date – loss of Deposit; and 5.3.2
cancellation less than eight weeks
prior to tournament date – 100% of the full price paid or to be paid (as the
case may be). No refunds will be made in respect of individuals who are
unable to come on the tour for any reason. 6.
PAYMENT 6.1
Unless otherwise agreed in writing
by the Company, the Customer must pay a deposit of £40 per Team Group member
(the "Deposit") when making a Booking with the Company. Subject to
Clause 6.2 the outstanding balance on the full purchase price ("the
Price") is due to be paid eight weeks prior to the date of the tour and
must be paid within fourteen days of receipt of an invoice from the Company.
If the Price is not paid in full by that date, the Company may at its option
(a) suspend the Customer from participating in the relevant tournament, or
(b) extend the date for payment of the Price for an additional five Business
Days. Where the full purchase Price is not received by the specified date,
the Company reserves the right to keep the Deposit, which will not be
refunded, even if the Customer is suspended from participating in the
relevant tournament. 6.
2 Notwithstanding Clause 6.1 above,
if a booking is made less than eight weeks before the date of the relevant
tournament, the full Price must be paid at that time. The same requirement for immediate payment
will also apply if the Customer makes any additions to the number of persons
on the booking. Arrangements for such
additional persons are, of course, at the Company’s discretion. 6.3 Please note a 3% charge will be levied
on final balance payments made by credit card. 7.
CUSTOMER’S OBLIGATIONS 7.1 The Customer must: 7.1.1 behave at all times in a safe, sporting
and courteous manner, showing respect to opponents and referees; 7.1.2
obey the lawful and proper
instructions of any supervisor or other official of the Company; 7.1.3 supply at its own cost and risk
appropriate equipment suitable for the organised event (excluding the goal,
nets and ball); This will normally consist of standard football kit, ideally
of a colour as directed by the tournament administrator, and appropriate
footwear. While playing football,
participants should not wear anything which could constitute a danger to
themselves or other players, e.g. watches, rings or heavy jewellery. 7.1.4 inform the Company of any existing medical
condition which may affect their ability to participate fully in the
tournament. 7.1.5 The Customer should be aware of the
physical risks associated with playing football. The Company and its agents
are unable to provide any medical facilities or treatment. 7.1.6
The Customer must take reasonable
care to satisfy him/herself that the playing surface, and other aspects of
the football venue such as the ball, goals and surrounds, are safe and
suitable. Under no circumstances should any Customer participate in the
football tournament if they consider any of the above items to be in any way
unsafe or dangerous to them personally. 7.1.7 On the day of the tournament, the Customer
must ensure that they are at the appointed pick up point timeously for
transport to the venue; and 7.1.8 read the rules, regulations and format of
the tournament prior to the tournament itself. 7.1.9 adhere to sportshall’s ‘house rules’. 7.2 The Customer must also: 7.2.1 pay for any additional items or services
they partake of during their stay in the accommodation; and 7.2.2 agree not to
independently make any changes to their Team Group’s submitted rooming
arrangements on arrival at the accommodation; nor attempt to negotiate
changes to the rooming arrangements and/or number of rooms with the hotel
staff either before the tour or during the Customer’s stay at the
accommodation. 7.2.3 adhere to the
hotel’s rules and regulations; and conduct themselves in an acceptable manner
at the hotel throughout their stay. Eurofives reserves the right to inform
the Customer’s company, and/or their Captain’s company, of any instances of
the following: inappropriate behaviour, unacceptable noise, disrespect to
hotel staff or other guests and/or unacceptable mess or damage in the hotel.
Eurofives also reserves the right to take legal action against any Customer
whose conduct may damage Eurofives’ reputation. 7.2.4 The Customer must organise their own
travel arrangements to the accommodation (including flights and transport to
and from the relevant airports). The Company advises that the Customer does
not make any travel and insurance arrangements until the Company confirms
that it has received sufficient entries to allow the specified tournament or
tournament sub-group to take place as proposed. 7.3
The Customer should exercise due
care of their person and of their belongings in the accommodation, on the
coach and at the football tournament venue. 8.
COMPANY’S RIGHTS AND OBLIGATIONS 8.1
The Company does not exclude
liability for death or personal injury caused by any of the Company’s staff
or agents, whilst acting in the scope of their employment or agency. 8.2
The Company does not accept
liability for the negligence of any other persons. 8.3
The Company reserves the right to
withdraw a Customer and his/her Team Group from a tournament or event(s)
within a tournament, if they do not honour their obligations as set out in
Clause 7 above or if in the Company’s staff or agents’ opinion the Customer
is not in an acceptable state to participate in the tournament or is under
eighteen years of age. A Customer will
be considered to be in an unacceptable state for participation if they are a)
under the influence of alcohol or drugs or b) appear to be physically or
mentally unfit to play football. In all of the above circumstances, no refund
will be given to the Team Group of the price paid. 8.4
The Company will take all
reasonable steps to ensure that the accommodation is of a suitable standard.
The Customers will be told in advance the nature of the accommodation and
will be deemed to have accepted the suitability of the accommodation by
paying the Deposit. 8.5
The Company reserves the right to
alter the format of the tournament or tournament group where one or more of
the registered teams are excluded from the tournament or unable to
participate. In all cases, each team will play at least one match against
their group opponents. 9.
ITINERARY AND PLAYING RULES The
following information will be communicated to the Team Group captains in good
time prior to the date of the relevant tournament: the exact location of the
accommodation and tournament venue, the timings of the tournament and
associated transfers, further details on the playing rules etc. It is the duty of the Captain to pass this
information on to the rest of his Team Group. 10.
ACCOMMODATION AND TOURNAMENT
VENUES 10.1 All descriptions of accommodation and
tournament venues will be as accurate as possible. 10.2 Drinking
water and the opportunity to purchase soft drinks may be available at the
tournament venue. However Customers are advised to make adequate provision
for re-hydration during the football tournament. 11.
FORCE MAJEURE 11.1
Neither party shall be liable to
the other for any delay in or failure to perform its obligations hereunder
(other than payment of money) where such delay or failure results from force
majeure, act of God, fire, accident, war, rebellion, riot, sabotage, official
strike, lock-outs or official labour disputes or any other causes beyond that
party’s reasonable control (an event of "Force Majeure"). 11.2
Where the Company is prevented
from carrying out further performance under the contract by reason of an
event of Force Majeure, the Customer shall forthwith pay to (to the extent
not already paid) the Company the Price less a reasonable sum for any part of
the contract not performed by the Company. 12.
SUPPLIERS The Company does not own the
accommodation or tournament venue, transport or other services provided for
the Customer. 13.
PASSPORT REQUIREMENTS AND HEALTH
ADVICE 13.1 All
members of a Team Group require a valid passport to travel to another
country. All Customers must possess a valid passport. UK Passports, which can
take two weeks or longer to be obtained, can be applied for by calling 0870 521 0410 in
the first instance. 13.2 For tours in The Netherlands, UK
Customers are strongly advised to obtain the European Health Insurance Card
(EHIC)
from any Post Office or by calling 0845 606 2030. This should enable UK
visitors to receive urgent medical treatment in The Netherlands on the same
terms as Dutch nationals. We recommend that all Customers
carry their EHIC card at all times during the tour. 14.
HOLIDAY INSURANCE It
is a condition of booking that the Customer has in place or takes out their
own adequate holiday insurance or an equivalent policy that provides the
Customer with cover in respect of (i) cancellation or curtailment of Services
due to accident, illness, family illness, bereavement or
redundancy; (ii) personal accident and personal liability; (iii) medical
expenses; (iv) personal effects and money; and (v) playing and practising
sport. The Company advises all
Customers to study the terms of their insurance policy very carefully to
ensure that it is suitable for them, and includes cover for all activities in
which they intend to participate during their holiday. 15.
Security of payments In
accordance with the provisions of the Package Travel, Package Holidays and
Package Tours Regulations 1992 (EC Directive 90/314), all monies paid
to Eurofives Ltd., either as deposit or final settlement, will be held in a
separate trust account at the Royal Bank of Scotland Plc, 116 Cowgate,
Kirkintilloch, G66 1JX and as such will not be released to Eurofives Ltd.
until after the tour has taken place or a Booking has been cancelled. 16. SPECTATORS
The
Company may, at its sole discretion, agree to book some Customers on the tour
as non-playing spectators at a price to be agreed. All relevant conditions of
this contract apply to spectating Customers. While spectating at the
tournament, Customers should remain alert to the possibility of being struck
by a stray football. We recommend spectators watch the play from behind a net
or screen if applicable or else do not stand nor sit too close to the field
of play. 17. PHOTOGRAPHS The
tournament administrator or another agent of the Company may take photographs
of the football tournament and Team Group line-ups during the tour. The
photographs may be used on the Company’s website and/or any publications, and
are intended primarily as a visual record of the tour for the participants
and/or for future promotional purposes. Any Customer who does not wish to be
photographed should make this clear in writing to the relevant Company
representative. 18. COMPLAINTS If
a Customer has a complaint about any service provided by the Company, they
must inform both the Company’s local representative (or the Company’s UK
office) and the supplier of the service of their complaint. This should be
done in writing and within 24 hours to allow every possible assistance to be
given to resolve the matter as quickly as possible. If a matter cannot be put
right in this manner the Customer should notify the Company in writing within
14 days of the date of their return. 19. ENTIRE AGREEMENT These Terms and
Conditions set out the entire agreement and understanding of the parties in
relation to the subject matter of these Terms and Conditions. 20. GOVERNING LAW These
Terms and Conditions shall be governed by and construed in all respects in
accordance with Scottish law and each of the parties hereto hereby prorogates
the non-exclusive jurisdiction of the Court of Session as regards any claims
or matters arising hereunder. ã Eurofives Ltd,
2007. |
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Eurofives
Ltd, 18 Blacklands Place, Lenzie, Glasgow G66 5NJ Reg No. SC 249208 Bookings & Admin: 0141 775 2122 Fax: 0870-138-4723 E-mail: admin@eurofives.co.uk www.eurofives.co.uk |
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