Terms & Conditions

BOWLING TOURS LIMITED TERMS AND CONDITIONS - Tour Operator

This document sets out the terms and conditions of Bowling Tours Limited’s (“Bowling Tours”) contract with you being the Hotel.

Interpretations and Definitions

“Bowling Tours”, “our”, “we” and “us” refer to Bowling Tours Ltd.

“You”, “your”, “Hotel” refer to you as the Hotel.

“Client” and “Clubs” refer to Bowling Tours Clients.

“Guest” refers to customers of the Bowling Tours Clubs who stay at your hotel.

“Contract” refers to the contract for the sale and purchase of the Services provided by Your Hotel.

“HC” refers to the Hotel Confirmation which is issued by Bowling Tours to your hotel.

These terms and conditions take precedence over any terms and conditions or other terms presented by you or your agents. In the case of any conflict between the provisions of these terms and conditions and any terms and conditions or other terms presented by you or your agents, the provisions of these terms and conditions shall prevail.

Basis of Contract with Bowling Tours

Bowling Tours shall act as agent for sale of rooms or any other service provided by you in accordance with any written quotation or order supplied to Bowling Tours by our Clients.

No variation to these terms and conditions shall be binding unless agreed in writing by an authorised representative of both parties. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurances or warranty (whether made innocently or negligently) that is not set out in this agreement.

The Hotel agrees that it will at all times provide the same level of hospitality and recognition to Guests as it does to any other guest at the hotel. At all times during their stay, groups of Guests are to be referred to by the Client name or group name as advised by Bowling Tours prior to arrival.

You warrant that the Hotel has complied with all statutory implied and express laws, rules and regulations directly or indirectly applicable to the provisions of your services including without limitation those relating to construction, maintenance, insurance, sanitation, hygiene and Health & Safety. You and your employees will refrain from any acts or admissions which may endanger the health or safety of Guests. You will ensure that all staff are properly trained for evacuation of Guests in the event of any emergency. You will produce to Bowling Tours on demand all relevant certificates, licences and approvals. You further warrant that you maintain appropriate and adequate insurance in response to your said obligations and liabilities to Bowling Tours, including without limitation, insurance against fire, storm, flood, public liability and the indemnity set out in these terms. All public liability cover must be at least £1m per person/per incident or the equivalent in your local currency. You must produce on demand insurance certificates, premium receipts or conclusive evidence that you have specific insurance in force.

These terms and conditions take precedence over any terms and conditions presented by the Hotel. In the case of any conflict between the provisions of these terms and conditions and any terms and conditions or other terms presented by the Hotel, the provisions of these terms and conditions shall prevail.

Booking Procedure

You shall be responsible for ensuring the accuracy of the terms of any confirmed booking and for providing us with any necessary information relating to the provision of the Services within such a time as is sufficient for Bowling Tours to make the necessary arrangements for the contract to continue to be performed in accordance these terms and conditions.

To confirm our reservation and to ensure that Bowling Tours has the correct information for every booking you are requested to sign and submit the Hotel Confirmation within the specified time frame unless otherwise specified.

The Clubs will provide Bowling Tours with tracking sales figures from 12 weeks prior to arrival. Please contact Bowling Tours for sales updates before the cancellation deadline to avoid Bowling Tours incurring any cancellation charges.

The Clubs will endeavour to release all unsold rooms from the allocation back to the Hotel within 28 days prior to arrival, unless otherwise agreed with the hotel. Should the Hotel require the Clubs to return rooms earlier than this, it must request this with Bowling Tours in writing, giving at least 7 working days’ notice, and Bowling Tours shall be under no obligation to agree to such request.

The Clubs will provide Bowling Tours with a final guest list as soon as possible prior to each Group’s arrival at the Hotel, however failure to provide a final guest list does not entitle you to release any room without the prior written agreement of Bowling Tours. If you have not received a final guest list from Bowling Tours 14 days prior to the date of the group’s expected arrival, you must request this from Bowling Tours. No rooms identified on Bowling Tours Hotel Confirmation documents may be released by you without first obtaining Bowling Tours’ written agreement to the release.

In recognition that tour operators need to accept late bookings, we ask the hotel to make all reasonable efforts to hold extra rooms as long as possible, subject to liaison between you and us, to ensure any rooms not sold by our client are released back to you without penalty charges becoming due.

It is the responsibility of the Hotel to check the final guest list for any specific dietary requirements and/or access needs of any of the guests.

Order and Specification

The Hotel agrees to hold rooms as a specific allocation for Bowling Tours in accordance with Bowling Tours’ Hotel Confirmation, sales update, tour detail sheet, final guest list and any other and/or subsequent agreements.

Notwithstanding any other rights and obligations contained in these terms and conditions the Hotel shall use its best endeavours to give Bowling Tours priority over any other booking where Guests’ rooms have been double booked.

The Hotel will not out book any Guests into alternative accommodation unless it is necessary, due to natural disaster, fire, flooding or other matters regarded as force majeure.

If the hotel does have to out book the Bowling Tours group it will offer a hotel that is of the same or superior standard in the same location, offering the same facilities and package inclusions and at no additional charge to Bowling Tours. The acceptance of the suggested alternative accommodation will be at Bowling Tours’ discretion and in any event the Hotel remains fully liable to Bowling Tours in respect of those Guests.

Bowling Tours has the right to cancel the booking at no cancellation charge, if we consider (at our discretion) that the alternative accommodation is not acceptable.

You will undertake that all services/facilities usually offered by your Hotel will be available to Guests during their stay. If appropriate, you will make alternative arrangements for Guests, if such services/facilities are withdrawn or reduced. You must notify Bowling Tours immediately of any changes to services/facilities and variation in price.

If the Hotel receives a complaint/reasonable request from Bowling Tours, Clubs, Guest, driver, courier or any other person connected to us, you will promptly attempt to find an appropriate solution. If, to your knowledge any complaint about your services remains unresolved when a group leaves your Hotel, you will immediately inform us and assist us in dealing with claims for compensation made as a result of the complaint.

The Hotel must immediately inform Bowling Tours of any proposed building works, alterations and renovation works taking place either at your hotel or within the vicinity of the Hotel, which may affect the quality of the Guests’ stay. Bowling Tours will be entitled at their sole discretion to cancel the reservation without any penalty, if Bowling Tours considers that such works will adversely affect the quality of the Guests’ stay. You will be liable for any loss if you fail to adhere to this clause, or if Bowling Tours are liable to compensate any of the said passengers.

The Hotel hereby indemnifies Bowling Tours and agrees to keep Bowling Tours indemnified from and against all liabilities, expenses, claims and demands arising from or in relation to (i) any out booking of Guests, including without limitation the cost of alternative accommodation and transfer or travel between the Hotel and the alternative accommodation; (ii) any changes to facilities or services; (iii) any claims by Guests relating to the accommodation or services provided by the Hotel; (iv) any payment of compensation to any Guest or Client made at Bowling Tours’ absolute discretion in relation to the provision of accommodation and/or services by the Hotel; (v) any marketing material produced by or on behalf of the Hotel; and (vi) any breach by the Hotel of the provisions of this agreement or any other agreement or documentation entered into between the parties ancillary or related to this agreement.

Payment by Bowling Tours

Payment by Bowling Tours will be made to the hotel within 30 days from the date of receiving an accurate VAT invoice after the tour has taken place unless otherwise agreed.

Prices are not subject to change, except the rate of VAT if this is not known at the time of booking. Rates and terms and conditions must be confidential and under no circumstance be discussed with Clients, Guests, drivers, direct or indirect competitors.

Bowling Tours will not be responsible for any Guest incidental charges and/or damages, which must be settled directly with the Hotel by the guests.

Cancellation

Bowling Tours reserves the right to cancel any particular group without penalty if the Hotel is not up to the contracted standard and does not adhere to the terms set out in the agreement. As such, the Hotel is required to keep Bowling Tours informed of any change which might adversely affect the Guests’ stay, including but not limited to:

(a) any changes in property, which could remove a benefit or reduce the enjoyment of any Guest.

(b) changes in service provided including entertainment, meal arrangements and the use of swimming pools or other facilities.

(c) noise, disruption or building work at the Hotel or in the vicinity.

Where a booking is made in excess of 6 weeks of the proposed date of arrival of the Group then Bowling Tours shall be entitled to cancel any such booking made and notified to the Hotel without incurring any penalty for doing so, provided Bowling Tours gives no less than 28 days’ notice of the cancellation to the Hotel, unless otherwise agreed with the hotel on the Bowling Tours Hotel Confirmation.

Where the booking is made within 6 weeks of the proposed date of arrival of the Group then Bowling Tours shall be entitled to cancel without incurring any penalty for doing so, provided Bowling Tours gives no less than 7 days’ notice of the cancellation to the Hotel, unless otherwise agreed with the Hotel and specified on the Bowling Tours Hotel Confirmation.

Charges for Individual cancellations of up to 2 rooms (room drop) made at any time after the cancellation deadline and up to 24 hours prior to arrival will not be subject to cancellation charges.

Non-Circumvention and Non-Solicitation

It is agreed that the Hotel will gain a substantial advantage, by Bowling Tours introducing to the Hotel a number of Clients and Guests and accordingly, the Hotel agrees and undertakes not at any time during the term of this agreement or for a period of 12 months after the start of the first booking in respect of any Client, Guest or Group, without the written permission of Bowling Tours, to solicit the custom of such Client or Guest or Group which has been introduced to the Hotel by Bowling Tours.

The term “introduced” shall include any contact between the Hotel and a Client, Group or Guest which has come through or following any booking, proposed booking or otherwise by an introduction by Bowling Tours and where the Client, Group or Guest (as the case may be) did not have any dealing with the hotel within six months prior to the first time Bowling Tours made such an introduction.

Warranties, Disclaimer and Limitations of Liability

The Hotel will be bound by the following:

(a) Bowling Tours Hotel Confirmation

(b) Bowling Tours Detail Sheet

Subject to the terms of this agreement any warranties implied by statute or law in this agreement on our part (so far as the same have not been validly excluded under the terms of this agreement) shall be subject to the conditions laid out in this clause.

Except in respect of death or personal injury directly caused by us, all warranties by Bowling Tours are excluded, and we shall have no liability for the acts or omissions of our Clients or Guests. As such, where the Hotel is not up to standard or there is a breach of warranty or an implied or express contractual term, or where there is any other breach or negligence by the Hotel then the Hotel will be liable in this regard.

Bowling Tours shall not be liable for the delay in the performance, or any failure to perform any of Bowling Tours’ obligations in relation to the Services, if the delay or failure was due to any cause beyond our control.

Bowling Tours Ltd shall not be liable to you for a delay in performing, or any failure to perform, any of Bowling Tours’ obligations in relation to the services, if the delay or failure was due to any cause beyond our reasonable control.

Each Party represents and warrants to the other Party that for the term of this Agreement:

(i) it has the full corporate power and authority to enter into and perform its obligations under this Agreement;

(ii) it has taken all corporate action required by it to authorise the execution and performance of this Agreement;

(iii) this Agreement constitutes legal valid and binding obligations of that Party in accordance with its terms, and

(iv) it shall comply with all applicable Laws of England with respect to the products (to be) offered and/or services (to be) rendered by such Party.

Each party shall indemnify and hold the other harmless for damages and losses of any kind resulting from their breach of applicable laws, rules or regulations.

Each party shall further indemnify and hold the other harmless against claims from third parties they have an agreement or understanding with.

In the event of a third party claim, the indemnified Party shall promptly notify the other Party and both Parties shall act in good faith to use their commercially reasonable efforts to consult, cooperate and assist each other in the defence and/or settlement of such claim, whereas the indemnifying Party shall be entitled to take over a claim and assume the defence and settlement (in consultation and agreement with the indemnified Party and with due observance of both Parties’ interests), and neither Party shall make any admission, file any papers, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other Party (which shall not unreasonably be withheld, delayed or conditioned).

In no event shall any Party be liable to the other Party for consequential damages such as loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or any indirect, special, punitive, incidental or consequential damages or losses whether such damages are (alleged as) a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed.

If you are not satisfied with Bowling Tours’ service, you must communicate this in writing as soon as is reasonably practical and Bowling Tours will endeavour in assisting with a resolution. All complaints must be communicated within 24 hours or earlier, whichever is practical.

Force Majeure

Neither party shall be liable for failure to perform its obligations under this Agreement if such failure results from acts, events, omissions or happenings beyond its reasonable control including, without limitation, any Act of God, natural disaster, fire, insurrection, war or other hostilities, riots, civil commotion, pandemic/epidemic, embargoes, the requirements or regulations of any civil or military authority, explosion, accident, industrial dispute, difficulty in obtaining raw materials, labour or fuel, transportation or communication problems or any incident which is similar in nature or effect to any of the foregoing (a "Force Majeure Event").

In the event that a government imposes any legally binding control or measure imposed by any competent authority relating to the control of COVID-19 and/or any other pandemic and having the intention that the Client cannot proceed as per the booking confirmation for any duration (“Restriction Period”), the booking shall be suspended until the Restriction Period has ended at which time, Bowling Tours may endeavour to but does not guarantee to reinstate the booking for an alternative date. Bowling Tours is not liable for any losses incurred by the Hotel as a result of the Restriction Period.

Bowling Tours will promptly notify the other party of the delay and/or failure and will take all reasonable steps to overcome the delay and/or failure.

Confidentiality

Each party understands that by working together they may be exposed to confidential information of the other (such as but not limited to these terms and conditions, design and composition of Bowling Tours’ tours, Clients’ booking patterns). You and us mutually agree to respect, protect and strictly treat as private any such confidential information.

You and us also mutually agree that all confidential information remains the exclusive property of the disclosing party and shall only ever be used to perform the respective obligations under this agreement. Upon written request by either party, the other shall promptly return and destroy any record of confidential information.

Each Party agrees that: (a) all Confidential Information shall remain the exclusive property and ownership of the disclosing party, and the receiving party shall not use it for any purpose, except in furtherance of this Agreement, (b) it shall use prudent methods to ensure its employees, officers, agents and service providers (the ‘Permitted Persons’) maintain the security of the Confidential Information, (c) it shall ensure that Permitted Persons do not (i) copy, publish, or divulge the

Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation which arise in connection with this Agreement.

Miscellaneous

You agree that in case any clause of these terms and conditions become invalid the remaining clauses shall not be affected and will stay in full effect throughout.

Any typographical, clerical or other error or omission in any quotation, price list, confirmation of offer, invoice or other document or information issued by Bowling Tours directly or via the Bowling Tours website shall be subject to correction without any liability on the part of Bowling Tours.

Insolvency

This clause shall apply if:

(a) You make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual firm) you become bankrupt or being (a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or

(b) An encumbrancer takes possession, or a receiver is appointed, of any of your property, or assets, or Bowling Tours Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to you.

If any part of this clause applies then, without prejudice to any other right or remedy available to Bowling Tours, Bowling Tours Ltd shall be entitled to discharge the Contract or suspend any bookings under the contract. If the Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Governing Laws

This Contract shall be governed by the Laws of England and Bowling Tours agrees to submit any matter in relation to the interpretation and performance of this agreement to the Courts of England. Disputes arising from these terms and conditions shall be exclusive to the jurisdiction of the English Courts.