| 1 |
Interpretation
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| 1.1 |
‘INITIAL BRIEF’ means the letter to which these Conditions are appended, issued to the Client before Latitude International commences work.
‘DRAFT ITINERARY’ means the Itinerary proposed by Latitude International and awaiting approval from the Client.
‘ITINERARY’ means the Itinerary proposed by Latitude International and approved by the Client.
‘CLIENT’ means the person(s) named on the Initial Brief for whom Latitude International has agreed to provide the Specified Service in accordance with these Conditions.
‘CONTRACT’ means the contract for the provision of the Specified Service comprised of the Initial Brief and these Conditions and (if accepted) the Itinerary.
‘SPECIFIED SERVICE’ means the service to be provided by Latitude International for the Client and referred to in the Initial Brief and/or the Itinerary.
‘LATITUDE INTERNATIONAL’ means Latitude International Limited (registered number 5933426) whose registered office is at c/o Neuhoff & Co, Claydon Barns, 11 Towcester Road, Whittlebury, Northants, NN12 8XU, United Kingdom and Business Office is at 118 Piccadilly, Mayfair, London, W1J 7NW, United Kingdom. |
| 2 |
These Conditions to Apply |
| 2.1 |
The Specified Service shall be provided in accordance with the Initial Brief and any subsequent Itinerary. |
| 3 |
Supply of the Specified Service |
| 3.1 |
The Client shall on receipt of the Initial Brief pay to Latitude International a deposit specified in the Initial Brief. Latitude International shall not start providing the Specified Service until receipt of the deposit. By paying the deposit to Latitude International the Client shall be deemed to have accepted the terms of the Initial Brief and these Conditions. |
| 3.2 |
On receipt of the deposit Latitude International shall, in accordance with the terms of the Initial Brief (and any variations requested by the Client) prepare a Draft Itinerary which shall be submitted to the Client. In preparing the Draft Itinerary, Latitude International will incur costs, which shall be charged to the Client and deducted from the deposit in accordance with the terms of the Initial Brief. |
| 3.3 |
On receipt of the Itinerary the Client shall inform Latitude International whether he wishes to proceed, in accordance with the Itinerary, or whether he wishes to terminate. If the Client does not wish to proceed then Latitude International shall issue an invoice to the Client in respect of the work done in preparing the Draft Itinerary as set out in clause 3.2. If the amount specified in such invoice is less than the sum of the deposit Latitude International shall forthwith remit the balance of the deposit to the Client. If the amount specified in such invoice is greater than the sum of the deposit then the Client shall pay the balance due to Latitude International within 14 days from the date of invoice. |
| 3.4 |
If the Client wishes to proceed in accordance with the Itinerary, the Client shall notify such acceptance to Latitude within 30 days and pay the full cost of the Itinerary as specified therein. |
| 3.5 |
In placing bookings Latitude International shall at all times be acting as agent for the Client and not as principal. By agreeing the Itinerary, the Client authorises Latitude International to make bookings and reservations on his behalf, and to enter into contractual obligations. |
| 3.6 |
Given the nature of the bookings the Client accepts that some may not be terminable without incurring some cost, and the Client agrees and authorises Latitude International to incur such costs on its behalf. |
| 4 |
Charges |
| 4.1 |
All charges quoted to the Client for the provision of the Specified Service are inclusive of any Value Added Tax, at the applicable rate from time to time. |
| 4.2 |
All payments made pursuant to this agreement shall be made by electronic transfer to Latitude International’s Client Account. |
| 5 |
Warranties and Liability |
| 5.1 |
Latitude International warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Initial Brief and the Itinerary. |
| 5.1.1 |
The descriptions, information and opinions given in the Itinerary of any of the Specified Services are given in good faith based on experience and information available at the time of printing. |
| 5.2 |
The Itinerary sets out a number of services which will be provided by third parties. Latitude International will use its best endeavours to ensure that any third parties provide the Specified Services with reasonable care. |
| 5.3 |
The Client will contract directly the third party and accordingly Latitude International will not be liable to the Client for any breach by the third party in connection with the provision of such part of the Specified Services. |
| 5.4 |
Latitude International shall not be liable for any loss or damage caused to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Latitude International’s obligations in relation to the Specified Service, if the delay or failure was due to circumstances outside the reasonable control of Latitude International. |
| 5.5 |
Latitude International shall be liable for death or personal injury to the Client and any reasonably foreseeable loss, costs or damages incurred by the Client if caused by the act or omission of Latitude International and for any other reasonably foreseeable loss damage or cost incurred by the Client as a result of breach by Latitude International of any conditions of this Contract. Latitude International shall not be liable to the Client for any other losses costs or damages however they may have been incurred. For the purposes of this cause “Client” shall include any member of the party of the Client up to the maximum number referred to in the Itinerary. |
| 6 |
Termination |
| 6.1 |
The Client may terminate the contract at any time if Latitude International is in breach of these Conditions. On such termination Latitude International shall reimburse to the Client the total sum paid by the Client to Latitude International pursuant to these conditions. |
| 6.2 |
The Client may terminate the Contract at any time before acceptance of the Itinerary, but on such termination the Client shall pay Latitude International’s fees in accordance with Clause 3 above. |
| 6.3 |
The fees payable by the Client in the event of a termination shall be determined by reference to the Schedule set out below: |
| No. of days prior to the date of commencement that notice of termination is received. |
% of Latitude International’s fees payable |
56 – 42
41 – 21
20 – 8
Within 7 |
100% of deposit
60%
80%
100% |
| 7 |
General |
| 7.1 |
These Conditions (together with the terms, if any, set out in the Initial Brief) constitute the agreement between the parties and are the basis on which Latitude International provides the Specified Services. |
| 7.2 |
English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts. |
| 7.3 |
For the purposes of these Conditions “circumstances outside the reasonable control of the parties” shall mean unusual and unforeseen circumstances the consequences of which the affected party could not avoid, including (but not limited to) war, threat of war, riot, civil strife, terrorist activity (actual or threatened) industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. |
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