Terms And Conditions - CLUCK

Supplier Terms And Conditions

1. Background
The parties have agreed that the Company appoints This Is Cluck Ltd to be its Representative for the promotion and sale of accommodation and/or services and shall provide the Customer with accommodation and/or related services on the terms and conditions set out in this agreement.

This Is Cluck Ltd agrees to use reasonable endeavours to promote the accommodation and/or services of the Company to the Customers on the terms and conditions of this Agreement.

2. Agreement
Each Booking will with these terms and conditions comprise a separate Agreement between the Company and the Customer unless the Booking specifies that it is an amendment to an existing Agreement.

This Agreement shall be deemed to have come into force with effect from the date that the Company appoints This Is Cluck Ltd to be its Representative for a 12 month period and thereafter shall continue in force until either party gives to the other two months’ notice of termination in writing.

Writing includes email and letter addressed to the party’s usual place of business

3. Service Failures
This Is Cluck Ltd will use reasonable endeavours to provide Representative Services but will not be liable for any Representative Service Failure resulting from factors outside of This Is Cluck Ltd.’s control.

This Is Cluck Ltd does not guarantee that the Representative Services will be continuously available to Customers or free from Service Failures and reserves the right to remove the Company from any marketing.

4. The Company’s obligations
The Company shall at all times;

a) Hold any and all necessary valid and adequate insurance policies as prescribed by law and provide copies to This Is Cluck Ltd if requested
b) Ensure that the information and descriptions provided are accurately conveyed on the This Is Cluck website and advertise properties and services truthfully, fairly and accurately
c) Comply with any reasonable directions or instructions (including requests for assistance or information) issued from time to time by This Is Cluck Ltd in connection with the accommodation and/or services
d) Ensure in so far as is possible that the accommodation and/or services are not used in any unlawful, improper or damaging manner
e) Provide all practicable advice in connection with the sale and use of its accommodation and/or services
f) Supply This Is Cluck Ltd from time to time as circumstances may require reasonable quantities of the Company’s standard promotional and/or advertising material relating to the accommodation and/or services
g) Inform This Is Cluck Ltd immediately if they are unable to provide the service or accommodation for any Booking
h) Be on time and ready to deliver the service at the agreed time. For Accommodation, Customers must be granted entry to the premises at the agreed time.
i) Indemnify and hold harmless This Is Cluck Ltd against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from any improper use of the Services, accommodation or other breach of the Agreement and all costs and expenses reasonably incurred by This Is Cluck Ltd in investigating and/or defending itself in relation to any such claim or proceedings
j) Provide all information and assistance reasonably required by This Is Cluck Ltd to enable This Is Cluck Ltd to perform its obligations under this Agreement

5. Charges and payment
Cluck agrees to:

a) Pay the Company up to 25% of the agreed fee as a deposit to secure the event date if required.
b) Pay the remaining balance for any accommodation and/or services pursuant to the Booking price 4 weeks prior to the event date.
d) Payment will be made by BACS or other bank transfer to the bank details provided by the Company on their invoice.

6. Cancellation

a) If the Customer cancels more than 30 days prior to the event the deposit paid to The Company is non-refundable.

b)If the Customer cancels less than 30 days prior to the event date the full booking fee is non-refundable.
c) If the Company cancels the event at any time 100% of the booking fee inclusive of the deposit must be returned to This Is Cluck Ltd within 10 working days of notice to cancel via BACS or other bank transfer.

d) If the event cannot go ahead due to Government enforced closures related to COVID-19 in effect on the date of the agreed Booking, Customers can transfer the event to a new date or if they choose to cancel, 100% of the booking fee inclusive of the deposit must be returned to This Is Cluck Ltd by The Company within 10 working days of notice to cancel via BACS or other bank transfer.

7. Liability
a) Except as stated expressly otherwise in this Agreement, in relation to the provision of accommodation and/or services, This Is Cluck Ltd shall have no obligation, duty or liability in or for contract, tort (including negligence and breach of statutory duty) or otherwise and all other conditions, warranties, terms representations and undertakings, express or implied (whether they are implied by statute, common law or in any other way) are excluded to the fullest extent permitted by law.
b) This Is Cluck Ltd will have no liability for the security of the Customer’s use of the accommodation and/or services or for any loss by any Customer and the Company shall be responsible for providing such safeguards as it deems appropriate.
c) This Is Cluck Ltd shall not be liable for any indirect or consequential losses, damage or expenses suffered by the Company or any Customer including (but not limited to) loss of anticipated sales profits or savings, goodwill, business contracts or losses resulting from third party claims.
d) In no circumstances shall This Is Cluck Ltd.’s liability to the Company of any nature arising out of or in connection with this Agreement exceed the price of the accommodation and/or services for a single incident or series of related incidents.

8. Suspension of Representative Services
This Is Cluck Ltd may suspend all or part of the Representative Services for so long as is reasonably required at any time if:
a) the Company is in material breach of this Agreement or any other agreement between the parties.
b) technical limitations exist or arise which make the provision of the Representative Services impossible or materially limit the functionality or performance of the Representative Services;
c) if and to the extent that in This Is Cluck Ltd.’s opinion the Company’s conduct is likely to result in the breach of any law or is otherwise prejudicial to Cluck’s interests.
d) This Is Cluck Ltd has reason to believe the Representative Services are being used for unlawful, fraudulent or improper purposes.

9. Data Protection & Privacy Policy
See our full privacy policy here

10. Confidentiality
Neither party shall disclose to any third party without the prior consent of the other party any confidential information which is received from the other party as a result of this Agreement. Both parties agree that any confidential information received from the other party will only be used for the purposes of providing and receiving Services.

11. Force Majeure
Neither party shall be liable to the other party for any delay in performing or failure to perform any of its obligations under this contract (other than the obligation to pay the Charges) which occurs as a result of circumstances beyond a party’s reasonable control (a Force Majeure Event) including (but not limited to) terrorist attacks, war, industrial action, pandemics, riots, fire, explosion, accidental damage, adverse weather conditions, power failures, non-availability of any third party service.

12. Governing Law
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation shall be construed in accordance with and governed by the laws of England and Wales.

13. Resolution of Disputes
Any claim or dispute arising in connection with this Agreement shall be attempted to be settled by mediation to be commenced within 30 days of notice thereof to the other party in writing. Any dispute which remains unresolved following mediation shall be decided exclusively by the courts of England.

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