BOOKING CONDITIONS

1. INTERPRETATION

1.1 “Conditions” means the standard terms and conditions of supply herein set out and include any special terms and conditions agreed in writing between the Customer and Redcar Racecourse Hospitality.

1.2 “RRC” means Redcar Racecourse Ltd.

1.3 “Customer” means the person, firm or company whose order for an Event Package is accepted by RRC.

1.4 “Event” means the event in connection with which RRC agrees to provide the Event Package.

1.5 “Event Package” means the services which RRC is to supply in accordance with these conditions.

1.6 “Contract” means the contract for the supply of the Event Package.

1.7 “Order” means that order placed by the Customer which is accepted by RRC subject to the provisions of Clause 6 Below.

1.8 “Force Majeure” means any circumstance beyond the reasonable control of RRC and specifically includes any cancellation of the Event due to adverse weather conditions or by direction of the Managing Executive and Stewards of Redcar Racecourse, the Jockey Club, or other agency.

2. FORMATION OF CONTRACT

2.1 An order sent to RRC by the Customer shall be accepted entirely at the discretion of RRC and if so accepted shall be subject to these Conditions.

2.2 Within seven days of receipt of an Order RRC shall forward to the Customer:

2.2.1 An acknowledgement of Order

2.2.2 An Invoice for 25% of the Contract price for immediate payment by way of non-refundable cost

2.2.3 An invoice for 75% of the Contract price payable not later than 30 weeks before the event

2.3 Each order accepted shall constitute a separate legally binding Contract between RRC and the Customer.

3. CONTRACT PRICE

3.1 The price of the Contract shall be agreed between the parties and confirmed by RRC’s acknowledgement of Order.

4. TERMS OF PAYMENT

4.1 A non-refundable deposit equivalent to 25% of the Contract price payable as aforesaid.

4.2 The Customer shall pay the balance of the sum due no later than 10 weeks before the date of the Event.

4.3 All Orders accepted by the RRC which have been placed by the Customer less than 10 weeks before the Event shall be invoiced in full by RRC within 7 days and shall be payable by return.

4.4 In the event of the Customer fails to pay any part of the contract price in accordance with the above terms, without prejudice to any other right or remedy available to RRC, RRC shall be entitled to cancel the Contract and:

4.4.1 retain the 25% deposit fee (where paid)

4.4.2 claim for the outstanding sum due as invoiced

4.4.3 charge the Customer interest on the amount unpaid at the rate of 4% per annum above the base rate of the Royal Bank of Scotland plc until payment is made.

5. ADMINISTRATION

5.1 Tickets and Event information will be dispatched approximately two weeks before the Event providing full payment has been received.

5.2 All accounts for services and goods provided at an Event which are not covered by the Event Package are due for payment by return. Interest as detailed within Clause 4.4.3 above will be charged on outstanding accounts.

6. CANCELLATION

6.1 The Customer is entitled to cancel the Order before the Event subject to the following conditions:

6.6.1The Customer shall notify RRC of the cancellation in writing.

6.6.2 Should notification of cancellation be given more than 10 weeks before the date of the Event, RRC shall be entitled to retain the 25% deposit fee specified but shall refund any further monies paid.

6.1.3 Should notification of cancellation be given less than 10 weeks before the date of the Event, RRC shall be entitled to retain monies thus far paid and to claim any unpaid balance of the Contract Price subject to the provisions of Clause 6.2 below.

6.2 In the event that the Event Package can be resold, RRC undertakes to refund 75% of the Contract Price to the Customer but shall retain the balance to defray additional costs and expenses thereby incurred.

7. ALTERATION

7.1 RRC shall use its best endeavours to provide the Event Package ordered but reserves the right to provide an alternative Event Package and/or alter the date of the Event.

7.2 Should RRC increase the price of, or alter, the Event Package or the date of the Event, the Customer shall be entitled to cancel the Contract by giving written notice to be received by RRC within 7 days of the announcement of the change.

7.3 Upon the receipt of such notification RRC will refund in full all sums paid by the Customer under the Contract including the sum paid under Clause 2.2.2.

8. FORCE MAJEURE

RRC shall not be under any liability for failure to perform any of its obligations under the Contract due to Force Majeure.

9. THIRD PARTIES

In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurant or otherwise RRC acts only as the agent of the Customer and does so on the express condition that no liability of any kind howsoever arising shall accrue to RRC in connection with such arrangements.

10. LIABILITY

10.1 RRC shall bear no liability for any death or personal injury suffered by the Customer or its guests or for any loss, damage or destruction to any property of the Customer or its guests or for any costs, claims, demands or expenses of the Customer or its guests arising out of the booking save to the extent such is caused by RRC’s negligence.

10.2 RRC shall not be liable to the Customer nor deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the RRC’s obligations in relation to the Contract if the delay or failure was due to any cause beyond RRC’s reasonable control.

10.3 In any event RRC’s total liability hereunder shall be limited to 10% of the Contract Price and RRC shall have no liability for any consequential or indirect losses suffered by the Customer or its guests.

10.4 RRC gives no guarantee that an Event will take place or will take place on the stipulated date.

11. VARIATIONS

No variations to the above conditions may result in cancellation of the Contract without notice.

12. FAILURE TO COMPLY

Failure to comply with these conditions may result in cancellation of the Contract without notice.

13. GENERAL

Any notice required to be given by either party to the other shall be in writing and addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

14. APPLICABLE LAW

The Contract shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.