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Festival Hire & Terms and Conditions
These Terms shall apply to all Contracts entered into by and with Yurtel. Please read them carefully before making a Booking.
In these Terms the following initially capitalised expressions shall have the meanings set out next thereto:
Yurtel – means Yurtel Limited (company no 07985116) whose head office is The Mead, St Catherine, Bath BA1 8EZ.
Agent – means any authorised person acting as agent for Yurtel through whom a Booking is made and to whom the Guest makes payment of the Hire Charge where the Guest does not book directly with Yurtel.
Booking – means an on-line (or other) order placed by a Guest for the provision of the Service for the Hire Period.
Booking Confirmation – means written confirmation of a Booking provided by Yurtel or (where relevant) an Agent to a Guest, and accompanied by a description of the Service ordered for confirmation, which creates a Contract between Yurtel and the Guest.
Contract – means the contract created between Yurtel and a Guest for the provision of the Service at an Event which is subject to these Terms which will be treated as concluded when Yurtel provides the Guest with a Booking Confirmation.
Event – means the organized event at which Yurtel agrees to deliver the Service
Guest – means the person booking the Service with Yurtel
Hire Charge – means the price for the provision of the Service for the Hire Period.
Hire Period – means the period for which a Guest has booked the Service at an Event which for purposes of confirmation is specified on the Invoice.
Invoice – means Yurtel’s formal written request for payment of the Hire Charge which will be sent out with the Booking Confirmation.
Service – means the accommodation as specified on the Booking Confirmation to include its contents and the right to access all supporting services as specified in Yurtel’s marketing materials for the Event provided to the Guest but nothing in addition.
Site – means the site at any Event where accommodation and supporting structures provided by Yurtel are located.
Terms – means these Terms and Conditions.
2.1 Unless otherwise agreed in writing by Yurtel all Contracts for the provision of the Service are subject to these Terms.
2.2 A Contract shall be created on Yurtel sending the Guest a Booking Confirmation.
2.3 The Hire Charge must be paid in full within the time or times specified on an Invoice. Failure to pay the Hire Charge (or any part thereof) when due shall entitle Yurtel to cancel a Contract forthwith on provision of written notice to the Guest. Any deposit or other payment previously paid shall be non-refundable in the event Yurtel cancels the Contract due to non-payment of any instalment of the Hire Charge by the due date.
2.4 Yurtel will use all reasonable endeavours to provide the Guest with the Service as advertised but where Yurtel is required to make material alterations to the design or other specifications of the Service for any reason it will use its reasonable endeavours to replace that part of the Service so altered with something similar. This shall be the limit of Yurtel’s responsibility and in such circumstances Yurtel shall have no liability for variations from the Service as advertised.
3. THE SERVICE
3.1 Subject to payment of the Hire Charge in full within the times specified in an Invoice Yurtel, agrees to provide the Service to the Guest for the full duration of the Hire Period.
3.2 Subject to the provisions of clause 2.4, the Service includes without limitation the provision of the accommodation package booked by the Guest and all supporting services more particularly described in the description of the Service provided to the Guest with the Booking Confirmation.
3.3 For the avoidance of doubt, the cost of food, drink, tickets and other services available on the Site are not included within the Hire Charge for an accommodation package unless specifically otherwise stated in the Booking Confirmation.
4. OBLIGATIONS OF THE GUEST
The Guest shall, and shall procure that all members of his, her or its party shall:
4.1 provide Yurtel with full contact details to include mobile phone number, email address and home address (if different from billing address) so that Yurtel may keep the Guest updated regarding any relevant development related to a Booking and/or to contact the Guest in case of an emergency, at an Event or otherwise;
4.2 not enter any structure or areas of the site at an Event where the accommodation is located which has been designated by Yurtel as not for public access whether for reasons of safety or otherwise;
4.3 ensure that any tent or other accommodation provided as part of the Service shall be kept completely closed and secure and, in particular, any door fastened when the accommodation is not in use;
4.4 not smoke or light, allow to be lit, any fire, candle or other naked flame within or near the accommodation or any other structures provided by Yurtel at the Site during an Event.
4.5 not use any lighting, heating, cooking, or other gas or electrical appliances of any kind at an Event without the express prior written consent of Yurtel;
4.6 not tamper with the accommodation or any part of any structure on the Site and, in particular but without limitation shall not fix or suspend any item whatsoever to or from any structure on the Site without the prior written consent of Yurtel;
4.7 vacate the Site at the end of the Hire Period by the time stated in the Booking Confirmation or as otherwise communicated to the Guest by Yurtel;
4.8 behave in an appropriate manner on the Site at all times during the Hire Period. If Yurtel feels that the Guest or any member of the Guest’s party has behaved inappropriately it shall have the right in its sole discretion to require that the Guest vacates the accommodation or the Site or is barred from any part of the Service. The Guest acknowledges that in such circumstances neither he, she or it shall not be entitled to any form of refund or other compensation and that if the Guest or a member of his, her or its party refuses to leave the Site Yurtel reserves the right to have him, her or them removed.
5. PRICE AND PAYMENT
5.1 The price for provision of the accommodation at the Event during the Hire Period shall be the Hire Charge.
5.2 Save as specifically otherwise provided the cost of all supporting services provided as part of the Service including, without limitation, food and beverages provided through catering facilities and bar services shall be separately paid for by the Guest at the time of consumption.
5.3 The Hire Charge shall be paid at the time or times specified on the Invoice.
5.4 The Hire Charge and all other sums payable by the Guest shall be subject to VAT which shall be added to the Invoice or otherwise charged at the prevailing rate as applicable.
6.1 Any tickets purchased as part of the Service will be supplied to the Guest on arrival at the Event and will not be sent out in advance.
6.2 Named event tickets are not transferable. Once names have been submitted for tickets it will not be possible to transfer tickets, change names on tickets or make a refund for tickets.
6.3 Official photographic identification should be carried by the ticket holder to ensure entry to the Event.
6.4 Yurtel will liaise with the named lead booker prior to submitting names to the Event in order to ensure all ticket details are correct.
7. LOSS OR DAMAGE
7.1 The Guest shall be responsible for the safe keeping and cleanliness of the accommodation included within the Service together with its contents throughout the Hire Period, fair wear and tear excepted.
7.2 The Guest shall be treated in all respects as being satisfied with the accommodation provided by Yurtel unless he, she or it expressly notifies Yurtel of any damage or other matter with which he, she or it is not satisfied immediately on taking up residence at the beginning of the Hire Period.
7.3 To the extent the Guest or any member of his, her or its party causes any damage or excessive soiling to the accommodation or any of its contents the Guest shall indemnify Yurtel on demand for the full cost of repairing the damage or carrying out any cleaning required.
7.4 For the avoidance of doubt the Guest shall have no responsibility for any damage to the accommodation caused by the negligence of Yurtel or the actions of an unrelated third party.
8.1 Yurtel may cancel a Contract on giving written notice to a Guest in the circumstances specified in Condition 2.3. For the avoidance of doubt in such circumstances any deposit previously paid shall not be refundable.
8.2 Either party shall have the right to cancel a Contract on giving written notice to the other without penalty at any time within seven (7) days of date of Invoice. In the event of cancellation in such circumstances, Yurtel shall refund to the Guest all sums paid by the Guest to Yurtel (if any) in respect of the Hire Charge.
8.3 In the event the Guest cancels the Contract in writing after expiry of the seven (7) day period referred to in clause 8.2 but not later than 150 days prior to the commencement of the Hire Period Yurtel shall refund to the Guest 50% of all Hire Charges paid.
8.4 In the event that the Guest cancels the Contract within 150 days of the commencement of the Hire Period the Guest shall not be entitled to a refund of any part of the Hire Charge.
8.5 Save in circumstances specified in Condition 8.1or 8.2 in the event that Yurtel cancels the Contract it shall refund to the Guest 100% of all Hire Charges. For the avoidance of doubt cancellation of the Event by the Event organiser or the occurrence of any other event making the Contract impossible to perform or without commercial purpose shall not be treated as cancellation of the Contract by Yurtel and, in such circumstances, Condition 8.8 shall apply.
8.6 The Guest recognises that Yurtel incurs costs in advance of the provision of the Service and that in recognition of this no refund of the Hire Charge in excess of the amounts specified in these Terms shall be made under any circumstances.
8.7 If a Booking was made via an Agent then all cancellation requests should be directed in writing to that Agent. For the avoidance of doubt Yurtel shall in any situation where it agrees to refund the Hire Charge or any part of it, under no circumstances be liable for any mark-ups, agency fees or other costs charged to a Guest by an Agent.
8.8 Yurtel shall forthwith notify the Guest in any circumstances where it becomes impossible to provide the Service for reasons beyond its control. In such circumstances Yurtel will endeavour to reach arrangements with Guests that are fair and equitable but in the absence of agreement Yurtel shall be entitled to retain any monies expended by it in performance of the Contract (including a reasonable contribution to its overhead and in respect of services performed) up to the point where the Contract became impossible to perform or lost all commercial purpose.
9. LIMITATION OF LIABILITY
9.1 Yurtel hereby accepts liability for causing death or personal injury to a Guest due to its negligence.
9.2 Save otherwise provided in this Condition 9, Yurtel’s liability for any loss or damage suffered by a Guest or a member of his party in contract or in tort shall be strictly limited to and shall not exceed the amount of the Hire Charge.
9.3 Notwithstanding any other provision of these Terms, Yurtel shall not under any circumstances be liable for indirect or consequential losses suffered by a Guest or a member of his, her or its party howsoever incurred.
9.4 Yurtel shall have no liability to a Guest or to any member of his, her or its party unless a claim is initiated within six (6) months of the end of the Hire Period.
10. FORCE MAJEURE
10.1 Neither party shall have any liability to the other for any failure or delay in the performance of any of its obligations hereunder (to include all events traditionally viewed as ‘force majeure’ occurrences) where such failure of delay was caused by any reason beyond the reasonable control of the party in question.
10.2 In any force majeure situation where a party is unable to carry out any obligation hereunder that party shall forthwith notify the other party and the obligation of the first party shall be suspended until it becomes capable of performance once more.
10.3 Notwithstanding the provisions of Condition 10.2 if a force majeure situation subsists for 30 days or more either party may cancel the Contract on giving written notice to the other and the provisions of Condition 8.8 shall apply.
11.1 Choice of Law. These Terms shall be subject to English law and any dispute shall be subject to the exclusive jurisdiction of the English courts.
11.2 Data Protection. Yurtel shall treat all personal data provided to it by any Guest as completely confidential and shall only process the same in accordance with the General Data Protection Regulation or any successor data protection legislation.
11.3 Health and Safety. In providing the Service Yurtel shall comply with all applicable health and safety legislation at all times.
11.4 Variations. Without prejudice to the provisions of Condition 12, no variations to these Terms shall apply once a Contract has been concluded unless made in writing and signed by both Yurtel and the Guest.
11.5 Notices. Any notice given hereunder shall be properly given if made in writing and either delivered personally or sent by email to the email address of the person to whom it is directed. Delivery by email shall be deemed as having been made on the date of transmission
12. CHANGES TO TERMS
These Terms may be amended and updated from time to time and Guests who have previously made a Booking with Yurtel are advised to check that there have been no amendments to the Terms since the date of their last Booking. The Terms that will apply to a Booking and which will be incorporated into any subsequent Contract will be the Terms applicable at the date of the Booking Confirmation.