Bookings Terms & Conditions
Please Read These Terms And Conditions Carefully Before Using This Site
1 INTRODUCTION
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we will provide the Booking (as defined below) that you have booked or wish to book through this website, through our application (together the “Site”) or via telephone. Please read these terms and conditions carefully and make sure that you understand them. You should understand that by making a Booking, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
2 INFORMATION ABOUT US
2.1 We operate the website https://barbarasbierhaus.co.uk/birmingham. We are registered in England and Wales, NEOS 1 LTD under company number 13322265 and we have our registered office at 42-43 St Mary Street, Cardiff, Wales, CF10 1AD. Our VAT number is 127689181.
2.2 If you wish to get in touch with us about a Booking , please email us here.
3 USE OF OUR SITE
3.1 Your use of our Site is governed by our Terms of Website Use and Acceptable Use policy. Please take the time to read these, as they include important terms which apply to you.
4 HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy & Cookie Policy. Please take the time to read our Privacy & Cookie Policy, as it includes important terms which apply to you.
5 DEFINITIONS
5.1 “You” and “your” are the person or entity named on the booking form; and
5.2 “Booking” means the booking of tickets for admission to a NEOS Hospitality club on a specific date together with, where appropriate, any activities, events, food, drink, club packs or other ancillary items set out in your booking request form and that you have booked through the Site or via telephone.
6 BOOKING
6.1 The submission of your booking request constitutes an offer to us, which may be accepted by us upon your receipt of a booking confirmation e-mail sent by us. The contract between us (“Contract”) will only be formed when we send you an e-mail confirmation. NEOS Hospitality may decide in its sole discretion to decline a booking request.
6.2 The Contract will relate only to those items and the date set out in the Booking. NEOS Hospitality will not be obliged to supply any other goods or services.
6.3 Please note that not all events listed on the Site will include fast track entry. You are responsible for checking on the relevant Site or checking with the venue to ensure that fast track entry is available for the specific date of your Booking.
6.4 You may only make a Booking on this Site or by telephone if you are at least 18 years old. For the avoidance of doubt, all Bookings are subject to NEOS Hospitality’s admissions and other policies made available on the Site from time to time. NEOS Hospitality will not be obliged to admit you, any member of your party or the entire party if NEOS Hospitality, in its sole discretion, does not consider that they comply with NEOS Hospitality’s admissions or other policies and NEOS Hospitality accepts no liability in this regard.
6.5 You will need to bring a copy of the tickets attached to the booking confirmation e-mail or the booking confirmation e-mail itself together with your ID (passport, driving licence or PASS card) in order to be admitted to the venue on the specific date of the Booking. NEOS Hospitality will accept no liability if you fail to do this and you are not admitted to the venue.
7 YOUR PROMISE TO US
7.1 By making a Booking, you warrant that:
7.1.1 you have the capacity to enter into a contract;
7.1.2 you are at least 18 years old;
7.1.3 the information contained in your Booking is accurate; and
7.1.4 if you are making this Booking in relation to a Hype or Crush event in respect of a child, such child is between the ages of 13 and 17.
8 PRICE AND PAYMENT
8.1 The price for the Booking will be as quoted on the Site from time to time, except in the case of obvious error.
8.2 Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of your Booking, we will adjust the VAT you pay, unless you have already paid for the Booking in full.
8.3 Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products on our Site may not be available or may be incorrectly priced. Where products are no longer available, we will inform you and offer you alternative products or if no such products are available a refund. In the case of pricing errors, if the error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Booking to you at the incorrect (lower) price.
8.4 Payments for all Bookings must be made by credit or debit card, for which there shall be no additional charge, or using other means of payment available on the Site from time to time. Any refunds may either be provided at the venue or at a later time depending on the arrangements with the credit provider.
9 CANCELLATION
9.1 Bookings made through the Site or via telephone are non-refundable and non-transferable.
10 CHANGES TO BOOKING
10.1 If we have to make a change to your Booking, we will inform you as soon as possible.
10.2 We reserve the right at any time to cancel or change any Booking made by giving you as much notice as possible and to provide a full refund or substitute alternative arrangements in our sole discretion and without liability to you.
10.3 All changes by you must be requested in writing by you (i.e. the person who has made the Booking). We will make every effort to accommodate your changes but may not always be able to do so. If such changes incur additional costs, you agree to meet them upon request. Adding additional group members will be charged at the same rate per party member and is subject to availability.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by a Force majoy Event which is defined below.
11.2 Should a Force Major Event occur that results in the Booking being cancelled by us, we will re-arrange the Booking where practicable.
11.3 Should a Force majoy Event occur that results in you or your party being unable to attend, your individual Booking or entire Booking (where appropriate) may be cancelled without liability to us. We will refund the price paid for the Booking.
11.4 A Force majoy Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.4.1 severe or adverse weather conditions;
11.4.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.4.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.4.4 impossibility of the use of public or private telecommunications networks;
11.4.5 the acts, decrees, legislation, regulations or restrictions of any government; and
11.4.6 pandemic or epidemic.
12 AFFILIATIONS
12.1 Where our Site contains links to other sites or resources, information or advertising provided by third parties, this is provided for your information only. We have no control over the contents of those sites or resources, advertising or information and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13 OUR LIABILITY
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.3 We only supply the tickets for your personal use. If you use the tickets for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, loss of goodwill, business interruption, or loss of business opportunity.
13.4 Subject to the paragraph below, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Booking.
13.5 We do not exclude liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13.6 You and your party are at all times responsible for looking after their own property to be brought in our venues. We shall not be held liable to you for any loss or damage to your or your party’s property.
14 APPLICABLE LAW AND JURISDICTION
14.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15 ALTERNATIVE DISPUTE RESOLUTION
15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
16 THIRD PARTY RIGHTS
16.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
17.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
17.3 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.