Special obligations of booker of tickets or group activities

  • Lindsay Heyes
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11 Apr 2016 21:43 - 26 Apr 2022 16:42 #76 by Lindsay Heyes
The Booker is deemed to be the authorised agent or officer of the client group in a business-to-business transaction notwithstanding any individual status or formal incorporation of its members, unless the Booker personally purchases the Group Activity with full payment as a gift to all members of the client group without receipt of payment from members of the group and when the Booker is not acting in the capacity of work. The Booker is solely responsible for obtaining authorisation by third parties on behalf of whom they are booking, and in the event that the Booker is not authorised to contract on behalf of the Group or any of its members, the Booker shall be personally liable for the contract.

The Booker is solely responsible for making Booking Requests for Group Activities through the on-line booking system using a competent device and operating environment, and for the accuracy of data submitted. The Booker is the sole contact for notifications and other correspondence about the Booking notwithstanding involvement of any third party.

The Booker is responsible for ensuring timely payment of the necessary deposit in full by lump sum as agreed on the Booking Form or in accordance with a formal Commercial Service Level Agreement. Offer of payment constitutes objective manifestation of intent on the part of the Booker to form a binding and irrevocable contract in accordance with the written terms conditions and limitations on the Booking Form. Gratuitous promises shall not be offered or accepted as indicia of contract formation. The Booking contract is confirmed by acceptance of payment of the deposit.

The Booker is responsible for delegating authorising equipping and enabling the designated Group Leader to discharge the contractual obligations of the Booker on-site including settlement of all errors and omissions by payment or receipt in full by lump sum on the spot at Reception on arrival.

The Booking contract is for a dated service of the Leisure Industry and so exempt from the right to cancel under consumer Distance Selling Regulations. Cancellation by the Booker is not possible once payment is accepted at automated premises except by frustration of contract on both sides or force majeur death or common mistake or in accordance with terms of a formal Commercial Service Level Agreement. The costs of the Proprietor’s preparation for, and exclusive reservation of, an appointment constitute consideration in an irrevocable bilateral contract formed instantaneously on acceptance of payment and the Proprietor may retain the deposit in full if the Booker prevents performance or is in breach of the contract. The Proprietor may at their absolute discretion agree to transfer tickets to another date or offer an alternative activity or attraction or issue a credit note, such actions not being intended as indicia of customary established practice at any later date.
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