These terms and conditions are for events organised solely by Bernard Magee Bridge Ltd. and should be read closely.
However, BMB supplies bridge on many other events where your contract is with a different company – in these situations your terms and conditions are with that company. This includes cruises (contract with Fred. Olsen Cruise Lines Ltd.), holidays abroad (contract with Great Little Escapes LLP) and The Falmouth Hotel (contract with Cornwall Discovered Ltd.).
We are Bernard Magee Bridge Limited ("we", "us" and "our") of Jury Farm, Ripley Lane, West Horsley, England, KT24 6JT. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018 and ‘arrangements’ are all the activities, accommodation and other arrangements detailed on your confirmation (including any additions or amendments).
Accuracy of information
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 9.
Our agreement becomes binding when we issue a confirmation. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you do not.
The lead booker guarantees payment to us of the total holiday price. If you are entitled to any form of refund from us, it will be made in full to the lead booker. Any amendments to the booking regarding changes and/or cancellations will be taken from the lead booker only.
The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
You must make payment for your arrangements in accordance with the instructions we give you. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable.
We would strongly advise that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum should cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Your travel insurance should also include cover against any COVID-19 issues or incidents which may affect your booking. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Special requests
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part.
5. Disabilities and medical problems
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. You also acknowledge that you must comply with all advice and guidance issued by relevant governments and health authorities. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary.
If you notify us before travelling, and we (or the relevant supplier) conclude that you are no longer able to travel or take part in any activity because of the COVID-19 risk, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply.
We both agree that the measures set out above are a necessary part of keeping you, other participants, employees and the public safe. You are making your booking in full knowledge that such measures are likely to be a part of your activity and do not amount to significant changes to your booking, nor do they amount to a lack of conformity.
We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.
You acknowledge that your decision to participate is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon participation. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
Other health and disability terms
We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the activity or accommodation taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
Emergency Contact Information
It is your responsibility to provide us with details of an emergency contact (which can be your travelling companion). In case of an incident during your event we would advise your emergency contact of the situation so that they can support you.
We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements.
The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package. Price variations will be calculated by applying the cost differential we experience as a result. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before you are due to depart. If your arrangements are a package, and if that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 8. If prices go down as a result of the above factors, we will make a reflective refund, but we will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due.
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We cannot guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges below. Where we are unable to assist with making a requested change and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.
You may cancel any package arrangements prior to their commencement (following the process outlined above) in the event that i) circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 9) are occurring at the place where your arrangements are due to be performed or its immediate vicinity and; ii) if the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances. In this event, you will receive a refund without undue delay of any payments made but this is the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Charges in the event of a cancellation
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below. (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):
For events of two nights or fewer the following applies:
Date written cancellation instructions are received by us prior to the event.
28 days or more: Deposit/payment made at time of booking
Less than 28 days: 100% of total price
For events of more than two nights and all Festive Events the following applies:
Date written cancellation instructions are received by us prior to the event.
More than 56 days: Deposit/payment made at time of booking
28-56 days: The greater of 75% of the booking value or deposit/payment made at time of booking
Less than 28 days: 100% of total price
If the full amount was paid at the time of booking as part of a special offer, this is referred to above as ‘payment made at time of booking’.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
In the event we can meet your requested change, you may have to pay £20 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the arrangements in addition to the charges above.
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 12.
Changes and cancellations before departure
Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of any package arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.
Occasionally we may have to make a significant change to your confirmed arrangements and we reserve the right to do so. A significant change is one where we significantly alter any essential element of your arrangements (other than the price) owing to circumstances beyond our control.
If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i (for significant changes) agreeing to the changed arrangements,
ii accepting the cancellation or terminating the contract for the arrangements and receiving a refund(without undue delay) of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Subject to the exceptions detailed below and where your arrangements are a package, we will where appropriate, pay you reasonable compensation, subject to the limitations and exclusions in section B of clause 12. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation where:-
i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9;
iii) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.
We will not make a price reduction or pay you compensation; and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to package arrangements after departure
If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate and only where your arrangements are a package, we will pay you compensation subject to section B of clause 12.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control.
Traffic / Delays
We have no control over any journey delay to the venue and cannot accept liability. This includes but is not limited to adverse weather conditions, traffic, strikes, delays at railways/ferries/airlines, vehicle breakdown. Should this occur, you may be able to claim through your insurance and we would be happy to provide a supporting letter.
Assistance to those travelling on a package in the event of difficulty or unavoidable and extraordinary circumstances
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty because of unavoidable and extraordinary circumstances as set out in this clause 9. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact firstname.lastname@example.org
If you experience difficulty or lack of conformity during your holiday, please inform us without undue delay so that we can take steps to assist you or put things right. You should also contact us by email@example.com. If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other activity immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause 12.
A. Our responsibilities differ according to what you have booked:
In relation to bookings of Packages
We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause.
In relation to all other bookings
We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
Please note in relation to all bookings:
B. Limitations and exclusions of responsibility
In these terms and conditions, our responsibilities are limited, and our duty to pay compensation is limited and excluded as follows:-
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity, injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) unavoidable and extraordinary circumstances as set out in clause 9.
We will not be responsible, make a price reduction or pay compensation:-
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
The maximum amount we will have to pay you in respect of all such claims is three times (twice in the case of arrangements which are not packages) the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr or by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
We provide financial protection for packages that we sell and take payment for as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. We provide this by making payment into a trust account administered by independent trustees, Travel Trust Services Ltd t/a Serenity Travel Trusts http://serenitytrusts.co.uk/for-consumers/. Money is not released from that account until after you have travelled. If you book arrangements other than a package with us; or book one of our coach holidays through another company with flights or other travel services supplied by them, your monies will not be financially protected via this trust but may be protected by that other company’s financial protection arrangements. Please ask us for further details.
If you book arrangements other than a package with us, your monies will not be financially protected. Please ask us for further details.