1. DEFINITIONS

·         1.1 “Booking” means booking process which is subject to acceptance of these Terms.

·         1.2 “Client” means the person, firm or company which makes a Booking.

·         1.3 “Arbikie” means Arbikie Highland Estate Limited.

·         1.4 “Event” means the event or events which are the subject of the Quotation and Booking.

·         1.5 “Quotation” means the written quotation submitted by the Client which is the subject of the Booking.

·         1.6 “Services” means the hospitality services to be performed pursuant to the Booking in accordance with these Terms.

·         1.7 “Terms” means these booking terms and conditions.

·         1.8 “Ticket Holder” means any individual that receives tickets as part of the Booking.

2. BOOKING AND PAYMENT TERMS

·         2.1 All prices stated in a Quotation are exclusive of any value added tax which if applicable the Client shall be additionally liable to pay.

·         2.2 Time for payment shall be of the essence. If the Client fails to make any payment on the due date, Arbikie Distillery shall be entitled (at its discretion) to cancel the Booking by notice in writing to the Client.

·         2.3 Any variation or amendment to these payment terms will be set out by Arbikie in writing on the Booking.

·         2.4 Subject to 2.3 above, no variation to the Terms shall be binding unless agreed in writing by an authorised representative of Arbikie

·         2.5 Any typographical, clerical or other error or omission in any Quotation, correspondence or other Booking documents or information issued by Arbikie shall be subject to correction without any liability whatsoever on the part of Arbikie.

3. VARIATION AND CANCELLATION

·         3.1 If the Client wishes to vary any details of the Booking after it is returned to Arbikie, it shall notify Arbikie in writing as soon as possible. Arbikie shall endeavour to make any required changes, but any additional costs thereby incurred shall be invoiced to the Client.

·         3.2 Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, Arbikie reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of Arbikie materially affect the quality of the Services. If Arbikie has to make any material changes relating to the Booking it shall notify the Client forthwith. Arbikie shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances. Where such alternative is not acceptable to the Client acting reasonably and in good faith, Arbikie shall refund to the Client the price paid according to the Booking.

·         3.3 Cancellation of a Booking may not be accepted by Arbikie unless and until it is confirmed in writing by the Client. In the event of a valid cancellation by the Client after the Booking is returned, the Client shall be liable for a 100% refund of the total price (+VAT) of the Booking or re schedule.

·         3.4 Arbikie may cancel any Booking forthwith by notice in writing to the Client in accordance with clause 3.5 or 3.6 or if at any time the Client becomes bankrupt or insolvent (or if bankruptcy or insolvency proceedings are commenced against it). In such an event, Arbikie shall be entitled to retain any and all sums already paid to it by the Client in connection with the Booking, which shall be without prejudice to any other rights it may have whether at law or otherwise.

·         3.5 If for any reason beyond the reasonable control of Arbikie (including but not limited to an Act of God, explosion, abnormally inclement weather, flood, tempest, fire or accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure), the Event and/or the Services are cancelled or disrupted in any way, Arbikie shall not be liable to the Client or be deemed to be in breach of the Booking or these Terms by reason of any delay in performing, or failure to perform any of its obligations in relation to the Booking or these Terms. Arbikie may choose to, but shall not be obliged to, agree in good faith with the Client the amount of any refund to the Client. If the Client wishes to protect its investment in the Services purchased in relation to the Event, the Client is advised to seek contingency insurance from a specialist contingency insurance broker. Arbikie shall have no further liability to the Client arising from Arbikie’s failure to perform the Services in any such circumstances.

4. LIMITATION

·         4.1 Arbikie shall not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or Arbikie had been advised of the possibility of the Client incurring the same).

·         4.2 Further, Arbikie shall have no liability for any death or bodily injury (except death or injury caused by the negligence of Arbikie, its staff or contractors), or loss of or damage to property, of anyone attending the event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client agrees to indemnify Arbikie against any claim in respect of any such liability (and the costs and expenses incurred by Arbikie in relation thereto).

·         4.3 Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of Arbikie to the Client in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of Arbikie or its employees which shall be unlimited) arising in relation to the Event (and/or the provision of the Services to the Client) shall not exceed 50% of the total amount paid by the Client hereunder.

5. GENERAL

·         5.1 All Quotations are made and Bookings accepted subject to these Terms. These Terms shall apply to all Quotations and Bookings in precedence over any other printed terms and conditions, including any appearing on the Client’s stationery or correspondence.

·         5.2 The Client shall procure that all Ticket Holders comply with these Terms and furthermore the Client indemnifies Arbikie against all claims, costs, damages and judgements awarded against or incurred or paid by Arbikie as a result of or in connection with a claim made by a Ticket Holder.

·         5.3 No amendment or variation to these Terms shall be binding unless agreed in writing by both parties.

·         5.4 All tickets sold to Ticket Holders shall remain the property of Arbikie (or whomever is the original owner of the tickets) at all times.

·         5.5 No binding contract shall be formed until Arbikie has received acceptance from the Client of the Booking (which incorporates these Terms) and confirmation of the Booking shall be subject to Arbikie receiving payment in full in accordance with clause 3. No tickets, itineraries, maps or other final details with respect to any Event or arrangements relating to any Booking will be forwarded to the Client until payment has been received in full by Arbikie.

·         5.6 No waiver by Arbikie of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

·         5.7 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

·         5.8 The rights granted to the Client hereunder are personal to the Client and may not be transferred or assigned to any third party without the prior written consent of Arbikie.

·         5.9 The Quotation, the Booking and these Terms contain the entire understanding between the parties with respect to their agreement concerning the Event. In entering into this contract neither party has relied on (nor shall it have any remedy, in contract or tort, in respect of) any statement, representation, warranty or understanding which is not expressly set out in the Quotation, Booking or these Terms, provided that nothing herein shall operate to exclude or limit any liability for fraud.

·         5.10 The Client shall at all times be subject to the terms, conditions and rules imposed by the organisers of the Event and/or the Event venue and shall indemnify Arbikie from and against all and any claims arising from the Client’s breach of the same.

·         5.11 The Client shall not sell the benefit of any Booking on the wholesale or trade market without prior written consent from Arbikie. No Client or Ticket Holder may transfer the benefit of the Booking for use as a competition prize or other promotional use.

·         5.12 These Terms shall be governed by and construed in accordance with Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.