Bonnie Day Activities and Training Terms and Conditions

  • GENERAL
  • These terms and conditions apply between the person, firm, company or other entity ("you" or "your") specified on your booking form or email (the "Booking Confirmation") and Bonnie Day Limited, a company registered in England and Wales under number 07943707 whose registered office is 29, Jewry Street, Winchester SO23 8RR United Kingdom ("Bonnie Day" and together with you, the "Parties") in respect of the event, activity or service specified on the Booking Confirmation or any other such event, activity or service provided by Bonnie Day to you in the ordinary course of its business from time to time (each an "Event").

    Please read these terms and conditions carefully as they contain important information. You agree to be bound by these terms to the exclusion of all other terms. These Conditions replace any existing contractual relationship of any kind whatsoever. If you do not agree to be bound by these terms, Bonnie Day will be unable to accept your booking.
  • CONTRACT
  • You have offered that Bonnie Day perform services in respect of an Event which is subject to Bonnie Day's acceptance in writing (which may include (without limitation) by email). A binding contract between Bonnie Day and you will only be formed when written confirmation of acceptance is sent by Bonnie Day to you (whether or not it is received). Bonnie Day reserves the right in its sole discretion to refuse to accept such offer.
  • FEES
  • You will pay Bonnie Day any fees specified in the Booking Confirmation for the Event (the "fees"). Payment of the fees must be received in full and in cleared funds by Bonnie Day from you in accordance with Bonnie Day's payment terms from time to time in force (as specified in the Booking Confirmation or otherwise). If payment of the fees in full is not received in accordance with such payment terms, Bonnie Day may (at its sole discretion) require such payment as a condition of its performance of its services in respect of an Event. No refunds of any proportion of the fees already paid (if any) will be made (other than in accordance with Condition 4 below) and any balance of the fees will remain due and payable where the performance of services in relation to an Event is refused under this Condition 3.

    Prices for each Event are set out in the Booking Confirmation or otherwise as notified by Bonnie Day to you from time to time. Bonnie Day reserves the right to change the prices at any time. In the absence of express agreement between the parties of a price in respect of any Event, the parties agree that the price of the most recent Event of a similar nature and duration shall apply.

    It is the intent of the parties that Bonnie Day will receive payment of the fees net of all applicable taxes, including without limitation, sales, VAT, service or withholding taxes ("Taxes"), all of which shall be paid solely by you. If and to the extent that any Taxes are levied upon, or found to be applicable to, the whole or any portion of the payment of the fees, the amount of such payment shall be increased by an amount necessary to compensate for the Taxes (including any amount necessary to "gross up" for Taxes levied on the increase itself).
  • CANCELLATION
  • You may cancel an Event in accordance with this Condition 4. You will receive a refund of the fees paid to Bonnie Day in respect of such Event (if any) if you cancel the Event prior to the date of the Booking Confirmation in respect of such event (the "Relevant Date"). If an Event is cancelled at any time after the occurrence of the Relevant Date, 75 per cent. of any fee payable in respect of such Event pursuant to Condition 3 above shall remain due and payable (notwithstanding the non-performance of the services in respect of an Event). All cancellations must be sent by email to events@bonnie-day.co.uk and must be received by Bonnie Day. You acknowledge that the refund of the fees in accordance with Condition 3 is your sole remedy in respect of any cancellation by you and all other liability is expressly excluded.

    Bonnie Day may (at its sole discretion) change the format, speakers, participants, content, venue location and programme or any other aspect of the Event at any time and for any reason, whether or not due to a Force Majeure Event, in each case without liability. For the purpose of the Conditions 4 and 5 "Force Majeure Event" means any event arising that is beyond the reasonable control of Bonnie Day including (without limitation) to speaker or participant cancellation or withdrawal, supplier or contractor failure, venue damage or cancellation, health scares, industrial dispute, governmental regulations or action, military action, fire, flood, disaster, civil riot, acts of terrorism or war.

    Bonnie Day may (at its sole discretion) change the date or cancel an Event at any time for any reason. Where Bonnie Day changes the date or cancels the Event for any reason except due to a Force Majeure Event (in which case the terms of Condition 5 shall apply) Bonnie Day shall offer you the option of a rearranged Event. If you promptly notify Bonnie Day in writing before the date of the rearranged Event that you do not wish to attend the rearranged Event or if Bonnie Day elects not to rearrange the Event then you will (as your sole remedy) be entitled, at your discretion, to receive either a credit note or a refund in respect of the fees received by Bonnie Day.
  • RESCHEDULING OF EVENT
  • Where a Force Majeure Event has or may have (in Bonnie Day's sole discretion) an adverse impact on: (i) the ability of Bonnie Day to hold the Event at the planned venue or on the planned date; or (ii) the Event generally, then Bonnie Day shall be entitled but not obliged (in its sole discretion) to reschedule the Event. Any of the fees received by Bonnie Day shall be applied to any rearranged or rescheduled Event held pursuant to this Condition 5 and you shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation in respect thereof. If Bonnie Day is unable or elects not to rearrange or reschedule the Event pursuant to this Condition 5, then you will (as your sole remedy) be entitled, in your sole discretion, to receive either a refund or credit note in respect of the fees received by Bonnie Day, in each case less any administration charge as specified in your Booking Confirmation (which Bonnie Day may (in its sole discretion) either deduct from any refund or credit note or invoice you separately). These terms and conditions shall apply in respect of any rearranged or rescheduled Event organised by Bonnie Day pursuant to this Condition 5.

    To the fullest extent permitted by the applicable law, Bonnie Day shall not be liable to you for any loss, delay, damage or other liability incurred resulting from or arising in connection with the cancellation or date change of the Event howsoever arising or any venue change. You acknowledge and agree that the provisions of Conditions 4 and 5 set out your sole remedy should the Event date be changed or cancelled and all other liability of Bonnie Day is expressly excluded.
  • ADMISSION
  • Bonnie Day may (at its sole discretion) refuse admission to, or eject from the Event, any person in its absolute discretion, including (without limitation) any person who fails to comply with these terms and conditions or who in the opinion of Bonnie Day represents a security risk, nuisance or annoyance to the running of the Event. You agree to comply with all reasonable instructions issued by Bonnie Day at the Event.
  • INFORMATION
  • All unauthorised photography and the recording or transmitting of audio or visual material is expressly prohibited. You consent to filming and sound recording and photography of the Event and you consent to the use by Bonnie Day of any such recording or photography anywhere in the world for promotional, marketing and other purposes.

    Any personal information which you provide to Bonnie Day will be held on a database. If you do not wish your details to be so held or you would like to change any details or remove your name from our database, please contact events@bonnie-day.co.uk.

    Personal data is gathered in accordance with the Data Protection Act 1998. Bonnie Day collects personal information about you which is required to respond to your enquiries for payment processing and for the provision of goods and services to you. Bonnie Day will only disclose personal information about you to third parties for processing purposes associated with payment processing, the supply of goods and services, for web site administration, or elsewhere when you have consented to such disclosures, or where such disclosures are required or permitted by law. Bonnie Day takes steps to regularly validate the personal information it holds to ensure that the information is accurate and, where necessary, up to date. Information that is no longer required for any valid business purpose, and that Bonnie Day is not required to keep pursuant to any applicable law, will be routinely destroyed by secure means.

    All intellectual property rights in or arising out of or in connection with the provision by Bonnie Day of the services shall be owned by Bonnie Day. All materials used by Bonnie Day in respect of the performance of the services in respect of an Event are the exclusive property of Bonnie Day.
  • LIMITATION OF LIABILITY
  • To the fullest extent permitted by the applicable law, Bonnie Day excludes: (a) all liability for loss, injury or damage to persons or property at any Event; (b) all indemnities, warranties, representations, terms and conditions (whether express or implied); and (c) any actual or alleged indirect loss or consequential loss howsoever arising suffered by you or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If Bonnie Day is liable to you for any reason, Bonnie Day's total liability to you in relation to the Event (whether under these terms or conditions or otherwise) is limited to the amount of the fees received by Bonnie Day.

    If, by reason of any Force Majeure Event, Bonnie Day is delayed in or prevented from performing any of its obligations under these Conditions, then such delay or non-performance shall not be deemed to be a breach of these Conditions and no loss or damage shall be claimed by you by reason thereof. Bonnie Day's obligations shall be suspended during the period of the delay or non performance and Bonnie Day and you shall each use reasonable endeavours to mitigate the effect of the Force Majeure Event. The provisions of this Condition 8 are subject to the provision of Condition 5.

    Without prejudice to any claim you may have against Bonnie Day, no proceedings may be taken against any director, officer, employee or agent of Bonnie Day or any of their affiliates in respect of any claim you may have against Bonnie Day or any of its affiliates.

    Neither the performance of the services in respect of an Event by Bonnie Day nor any previous or future relationship will be deemed to create any fiduciary relationship or any duty of care between you or any third party and Bonnie Day.
  • YOUR OBLIGATIONS
  • You shall: (i) co-operate with Bonnie Day in all matters relating to the services to be performed in respect of any Event; (ii) provide Bonnie Day and its employees, agents consultants and sub-contractors with such information and materials as Bonnie Day may reasonably require in order to supply the services in respect of an Event (including, for the avoidance of doubt any copies of policies of insurance referred to in paragraph (iv) below); (iii) obtain and maintain all necessary licences, permissions and consents which may be required before the date any Event is scheduled to take place; (iv) obtain and maintain any and all policies of insurance with reputable insurers (including, for the avoidance of doubt such policies of insurance as are required to insure against any claim that any resident or any other third party may have against you or Bonnie Day in connection with or arising out of the services supplied by Bonnie Day in respect of any Event).
  • VARIATION
  • Bonnie Day reserves the right to amend these terms and conditions from time to time. However, you will be subject to the terms and conditions in force at the time Bonnie Day accepts the offer referred to in Condition 2 above.
  • RIGHTS OF THIRD PARTIES
  • No person other than you and Bonnie Day shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 (the "Act") or otherwise) to enforce these terms and conditions between us without the prior written agreement of you and Bonnie Day.
  • SEVERANCE
  • If any one or more of the provisions of these Conditions shall for any reason whatsoever be held invalid, then such provisions shall be deemed to be severable from the remaining provisions of these Conditions and shall in no way affect the validity or enforceability of the other provisions of these Conditions or of the rights of any party hereto.
  • GOVERNING LAW AND JURISDICTION
  • These Conditions, and all non-contractual obligations arising out of or in connection with them, are governed by English law and you submit to the exclusive jurisdiction of the English courts. Nothing in this Condition 13 shall prevent or restrict Bonnie Day from pursuing any action against you in any court of competent jurisdiction.