CSM Corporate Hospitality is a division of CSM Sport and Entertainment LLP
CSM Sport and Entertainment LLP (“CSM”) operates as a group of individual businesses transacting separate lines of business. The particular group business through which CSM acts as a party to the agreement is identified as CSM Corporate Hospitality. The rights and obligations of CSM as a party to the agreement, and its liability to the Booking Client do not extend beyond CSM Corporate Hospitality, except to the extent any other group business is explicitly and separately identified in the agreement as having rights and obligations in relation to the Booking Client.
An agreement shall be deemed to be made under these Terms and Conditions (“Terms”) set out herein between CSMand the person purchasing the Hospitality Package (the“ Booking Client”) when the Booking Client has signed the relevant Booking Form (the Booking Form and these Terms, forming the “ Agreement”). Both the Booking Client and its Guests shall act in compliance with, and be legally bound by, these Terms at all times and the Booking Client shall bring these Terms promptly to the attention of any such Guests for this purpose.
These Terms incorporate: (i) any terms and conditions required by the Promoter and/or Venue (including any Event Specific Ticket Terms); and (ii) any other additional terms and conditions that may be included in a Booking Form and/or Invoice. All such additional terms (including Promoter, Venue, Event Specific Ticket terms) are available on request from CSM.
In the event of any inconsistency between any such additional terms, the following order of precedence shall apply:
Promoter (including any Event Specific Ticket Terms);
All other terms and conditions which the Booking Client purports to apply, including, without limitation under (or which accompany or are referred to in) any purchase order, confirmation of order or any other document, are hereby expressly excluded.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by CSM shall be subject to correction without any liability on the part of CSM.
Subject to clause 7.7, CSM reserves the right, by giving written notice to the Booking Client at any time before delivery of any Tickets, to increase the cost to reflect any increase in cost of the Hospitality Package to CSM including but not limited to any foreign exchange fluctuation, currency regulation, alteration of duties or any cost incurred by CSM without fault of CSM since the issue of the invoice.
The cost shall be exclusive of value added tax and all other applicable taxes which shall be paid by the Booking Client in addition to the cost.
Unless otherwise agreed in writing, all invoices must be paid within 7 days of the invoice being sent by CSM to the Booking Client. If an Event is scheduled for less than 7 days, payment is due immediately.
Any payment terms set out on an invoice shall take precedence over these Terms.
If the Booking Client fails to pay within the time limits specified on the invoice, CSM at its sole discretion, reserves the right to cancel the Hospitality Package.
Delivery of Tickets
Delivery of the Tickets shall be deemed made the earlier of (a) collection of the Tickets by the Booking Client from CSM, (b) delivery of the tickets by CSM to the Booking Client, or (c) delivery of the tickets by CSM to a third party carrier for delivery to the Booking Client.
Any dates that may be quoted for delivery of the Tickets are approximate and for guidance only. CSM shall not be liable for any delay in delivery of the Tickets however caused.
CSM reserves the right to charge the Booking Client a delivery charge on all Tickets.
Tickets will not be issued to the Booking Client unless and until CSM has received payment, in cleared funds from the Booking Client in respect of the relevant Hospitality Package. Following receipt of the Cost, in full, from the Booking Client, CSM shall attempt, but not be obligated, to dispatch the Tickets and any ancillary Event information to the Booking Client no later than 2 weeks prior to the Event.
CSM reserves the right to make Tickets available for collection at the Venue box office. The Booking Client will be notified by telephone, email or in writing of the arrangements for collection (using the details provided by the Booking Client on the Booking Form) if this becomes necessary. Where there is not enough time to deliver Tickets, the Booking Client will be told at the point of purchase the arrangements for collection of Tickets.
It is the Booking Client’s responsibility to check Tickets on receipt.
Risk and Property in the Tickets
Risk of damage to or loss of the Tickets shall pass to the Booking Client:
in the case of Tickets collected from the CSM’s premises, at the time when the Booking Client collects the Tickets; or
at the time of posting, if the Tickets are to be posted by CSM to the Booking Client; or
at the time of CSM handing the Tickets to a third party, if the Tickets are to be delivered by a third party carrier.
Once risk of damage to or loss of the Tickets has passed to the Booking Client in accordance with clause 4.1 CSM shall not be liable to replace any lost or damaged Tickets. Duplicate Tickets may only be issued at the discretion of the Venue or the Promoter. If duplicates are issued, a reasonable administration charge may be levied.
The Booking Client shall be responsible for the delivery and/or distribution of Tickets to its Guests.
The Advertised Packages
CSM will use all reasonable endeavours to adhere to the advertised Hospitality Package, though any component part of the Hospitality Package including, but not limited to, timings, dates, prices and arrangements may be altered, omitted or amended by CSM at its total discretion, and at any time.
Should CSM materially alter, omit or amend the advertised package pursuant to clause 5.1 of these Terms the Booking Client shall be entitled to cancel the Hospitality Package. In such circumstances, the Booking Client shall accept a refund of the monies paid to CSM as full and final settlement of the cancelled Hospitality Package.
When an amendment or change entails the payment to CSM by the Booking Client of a sum greater than that originally shown in the advertised package the difference must be paid to CSM before the Tickets are issued to the Booking Client.
The Booking Client acknowledges that CSM has no control over the pricing of Tickets and that any description of the position of seats is that of the Promoter or the Venue. CSM, Venue and/or Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided that they are of no less value to that stated on the Ticket.
The Booking Client acknowledges that CSM cannot guarantee:
whether the Event will take place on scheduled; or
if a sporting event, the identity of the players.
All Hospitality Package offered are subject to availability.
All accounts for service and goods, which are not covered by an inclusive Hospitality Package cost will become due for payment within 7 days of receipt of the invoice.
Unless otherwise specified in writing by CSM, the Booking Client shall be responsible for any costs and expenses it incurs under or in connection with its Agreement with CSM (including but not limited to travel and accommodation costs).
If a Hospitality Package is cancelled by the Booking Client at any time after CSM has accepted the booking, the Booking Client must pay a charge to compensate CSM for the expenses and losses, which will be incurred as a result of the cancellation. The following scale of cancellation charges will apply:
|Time before Event||Cancellation charge as a percentage of total package cost (excluding VAT)|
|More than 2 months||50%|
|Between 1 and 2 months||75%|
|Under 1 month||100%|
All cancellations must be made in writing. They will only be effective from the date the written cancellation is received by CSM.
Any deposits are non-refundable.
CSM has no control over the running of the Event and CSM gives no warranty and makes no representation that the Event shall take place and, subject to clauses 7.5 and 7.6, CSM shall not be liable to give any refund in the event of the Event being cancelled or postponed.
If for any reason the Event is postponed, the Booking Client’s Hospitality Package for that Event will be valid for the re-scheduled Event (if any) save where such re-scheduled Event takes place at a location other than the original Venue.
If for any reason outside the control of CSM (including, without limitation, due to the circumstances set out in clause 11.4) the Event is postponed, cancelled or abandoned (whether wholly or in part) any refunds shall be limited to refunds (if any) that may payable under the rules and regulations of the Venue and/or Promoter less any administration fees and the Booking Client is advised to take out its own insurance to cover such risks.
Should CSM be required to increase the cost of the Hospitality Package, pursuant to clause 2.1, and such increase is in the Booking Client’s opinion (acting reasonably), an excessive increase, the Booking Client shall have the right to cancel the Hospitality Package, provided such cancellation is received in writing and within 14 days of being notified of the cost increase. In such circumstances, CSM shall refund the fees to the Booking Client.
CSM may cancel an Agreement, including any Hospitality Package if:
the Booking Client is in material breach of the Agreement (including any late payment) and the breach, if capable of remedy, has not been remedied within the time required, as specified by CSM; or
the Booking Client (i) is unable to pay its debts as they fall due; (ii) passes a resolution for winding up (other than for the purposes of a solvent amalgamation or reconstruction) or if a court of competent jurisdiction makes an order to that effect; (iii) enters into a composition or scheme of arrangement with its creditors or if a receiver, manager, administrator or administrative receiver is appointed over any of its assets; (iv) ceases or threatens to cease to do business; or (v) an analogous event occurs to the other party in any jurisdiction.
The Booking Client warrants and undertakes to CSM that:
it has full power and authority to enter into the agreement with CSM;
it shall comply (and shall procure the compliance of its Guests) with the Venue and Event operator’s rules and regulations (available on request) and it shall ensure the proper conduct of its Guests at the event and it shall and shall procure its Guests comply with all dress codes as required by the Venue. The Booking Client shall be liable for all acts and omissions of its Guests;
it shall purchase the Hospitality Package for use by itself and its Guests and shall not resell, exchange or transfer the package to any third party without the prior written agreement of CSM;
it shall not use the Hospitality Package or any part of it in connection with any competition, prize, marketing or promotional activity without the prior written agreement of CSM;
in carrying on its business, it abides by all relevant and applicable laws and regulations, including but not limited to:
the Bribery Act 2010 and all other applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption;
the Modern Slavery Act 2015 and all other applicable laws, regulations, codes and sanctions relating to anti-slavery and human trafficking;
any trade, export controls, economic or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by the Security Council of the United Nations; the European Union; the United Kingdom (including the Department for Business, Innovation and Skills and Her Majesty's Treasury) and/or by the authorities of the state(s) in which the party is registered, established or in which it otherwise conducts activities,
it shall not engage in any conduct likely to adversely affect its or CSM’s good name, reputation, or public image; and
it has in place systems for preventing, auditing and investigating fraudulent, corrupt or illegal activities, security breaches or similar situations and is not aware of any such situation currently existing.
Breach of any of the warranties in this clause shall entitle CSM to terminate its contract with the Booking Client by written notice with immediate effect and no refunds shall be payable.
Limitation of Liability
CSM shall not be liable for any loss, death, injury or damage howsoever caused to any person or property, except where such loss, death, injury or damage is a result of the negligent acts or omissions of CSM.
CSM shall not be liable under any circumstances to the Booking Client for any indirect or consequential loss, including: (i) loss of revenue or profits; (ii) loss of business; (iii) loss of opportunity (iv) loss of goodwill; (v) loss of reputation; or (v) loss of, damage to, or corruption of data.
Except as stated in clause 9.1, CSM’s total liability to the Booking Client shall not exceed the total payment made by the Booking Client up to the point at which the liability was incurred.
The Booking Client acknowledges that it is responsible for any Guests of the Booking Client and CSM shall not assume any liability for any loss, injury (including death) or damage (i) caused by the Guests or (ii) to the Guests or their property unless the same arises as a result of CSM’s negligence.
No liability is accepted by CSM in the event that any Guest is denied entry to, or rejected entry from, any part of the Venue or hospitality facilities within the vicinity of the Venue as a result of the Booking Client’s or any Guest’s failure to comply with the terms of this Agreement or any Promoter, Venue or Event Specific Ticket Terms.
The Booking Client shall be responsible for and reimburse CSM for any loss, damage, costs and expenses that the Booking Client or its Guests cause, whether within the hospitality facilities or elsewhere within the Venue. In the event that the Booking Client or its Guests cause such damage or loss, CSM shall be entitled to invoice the Booking Client and the Booking Client shall pay such invoice within 7 days of the invoice being sent to the Booking Client.
These Terms set out the entire agreement between CSM and the Booking Client.They supersede any prior proposal, assurance, agreement, understanding or arrangement, whether oral or written, between CSM and the Booking Client in relation to the specific bookings to which they apply. The Booking Client does not rely on any statement assurance or understanding, which is not set out herein.
Waiver and Severability
Should any part of these Terms for any reason prove ineffective or unenforceable the validity of the remaining Terms shall not be affected and shall be enforceable. No delay or omission on the part of CSM in exercising any right, power or remedy provided by law in compliance with these Terms shall impair such right, power or remedy, or operate as a waiver thereof.
The headings in these Terms are inserted only for convenience and shall not affect their construction.
CSM shall not be liable to the Booking Client or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Terms if the delay or failure is due to any act beyond the CSM’s reasonable control, including but not limited to any strike, lockout or other industrial action, any civil commotion or disorder, riot, invasion, war or terrorist activity or threat of war or terrorist activity, any action taken by a governmental or public authority of any kind (including not granting a consent, exemption, approval or clearance), an event of national significance (including any day of national mourning), any fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster, power failure or postponement or cancellation of an Event.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of England and both CSM and the Booking Client shall irrevocably submit to the jurisdiction of the English courts.
Definitions and Interpretation
“Agreement” means these Terms, along with any booking confirmation and/or invoice (which shall be subject to these Terms to exclusion of any other terms, including any the Booking Client purports to apply);
“Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue and in respect of which CSM has the rights to sell Hospitality Packages;
“Guests” means any guest invited to the Event by the Booking Client;
“Hospitality Package” means the package purchased by the Booking Client, which may include ground admission tickets to the Event together with food and beverages at the Event within the facilities at or in the vicinity of the Venue;
“Promoter” means the person, firm or company staging/organising the Event, if different from the Venue;
“Event SpecificTicket Terms” means the specific terms applicable to Tickets for an Event made available by CSM or otherwise available on request, and specifically including the following:
any other ticket terms applicable to a particular Event which are hereby incorporated into the Booking Client’s purchase of Hospitality Package(s) for that Event.
for Lords– the termsfor applicable to the Booking Client’s purchase of Hospitality Package(s)for Lords are available on request; and
for Wimbledon – the termsfor applicable to the Booking Client’s purchase of Hospitality Package(s)for Wimbledon are available on request;
for the Mitel & MLB Present London Series 2019– the terms available herewhich are hereby incorporated into the Booking Client’s purchase of Hospitality Package(s) for the Mitel & MLB Present London Series 2019;
“Tickets” means the tickets, badges, passes or other documentation (physical or electronic) purchased by the Booking Client as part of the Hospitality Package; and
“Venue” means the premises where the Event is to take place.
In this Agreement:
references to a person include an individual, a body corporate, a partnership and an unincorporated association of persons; and
references to a party to this Agreement include references to the successors or assigns (immediate or otherwise) of that party.