|Terms and Conditions|
Full Printable Terms and Conditions available on request
My Virtual Concierge (MVC)
Terms & Conditions of Business
1. These Terms and Conditions apply to the Agreement between us pursuant to which we, My Virtual Concierge (MVC) (“the Company”) agree to provide services, assistance, information and recommendations to you either directly or by introducing you to a third party supplier. By requesting the Services on-line, via phone, or verbally, the Client will be deemed to have accepted these Terms and Conditions.
2. Within these Terms, the following expression shall have the following meanings:
“Associates” Employees, subcontractors or agents acting for either the Company or a Third Party Supplier
“Charges” The prices for Services set out on the Client’s On-line Itinerary
“Client” the person, firm, company, organisation requesting the Services
“Company” My Virtual Concierge (MVC)
“Contract” The Order for Services set out in the On-line Itinerary and these Terms shall together constitute the Contract between the Company and Client
“On-line Itinerary” The selection of Services made by the Client and contracted for on-line.
“Services” All services or introductions to services or information provided by the Company or a Third Party Supplier to the Client as advertised on the Company’s website and as particularly set out and agreed to by the Client on its On-line Itinerary.
“Terms and Conditions” These terms herein
“Third Party Supplier” Shall be any person, firm, company or organisation with whom the Company contracts for the supply of any Services to the Client.
3.1 The Company is in the business of either directly providing information and assistance and Services; providing recommendations, links and contacts with Third Party Suppliers; facilitating the obtaining of tickets and generally enabling Clients to take advantage of the various Services.
3.2 The Client wishes to take advantage of those Services as selected and confirmed by it under the On-line Itinerary.
4. Supply of Services and Company’s Responsibilities
4.1 The Company shall provide all information and Services using all reasonable skill and care and shall use its reasonable endeavours to provide any information and introductions within a reasonable timeframe having regard to the request from the Client; advising the Client as soon as reasonably possible if the Company is unable to comply with any request.
4.2 The Company reserves the right to refuse to provide any Service which in its reasonable opinion is inappropriate for whatever reason
5. Client’s Responsibilities
5.1 The Client shall make all payments requested by the Company in connection with the obtaining and ordering of Services and in time to ensure full payment is made prior to the Company becoming committed to any Third Party Supplier.
5.2 The Client acknowledges that the Company shall have no liability or responsibility whatsoever in respect of any payment made under the Client’s credit card facility or any other payment facility provided to the Company under authorisation of the Client.
5.3 The Client shall pay any invoices submitted by the Company within 14 days of the date of that invoice. Interest at 4% over the Base Rate from time to time will be charged upon any balance due which remains unpaid 14 days after invoice (both before and after judgement)
5.4 The Client is responsible for complying with any Government or any other authority consents or licences in place in connection with the Services, e.g. age restrictions, and the Company will have no liability for such compliance.
6.1 The Company shall charge an hourly or daily rate for providing its services to individual Clients. In addition, the Company shall specify the specific charges to be paid by all Clients in connection with the particular Services ordered. All charges shall be set out within the On-line Itinerary and agreed by the Client at the time the Contract is made.
6.2 Any quotation or price given to the Client by the Company is exclusive of VAT unless stated otherwise and VAT shall be added to the price quoted on the On-Line Itinerary.
6.3 The Company shall be under no obligation to proceed with any of the Services in the event the Client fails to make full payment as required under the On-line Itinerary and clause 5.1. For the avoidance of doubt, all Services ordered are required to be paid in full prior to the Company proceeding with any order from a Third Party Supplier.
6.4 Any payments made to the Company by a credit card transaction shall be liable to a handling charge of 3% if accepted.
7.1 The Company shall not be liable for any direct loss or damage caused by it or its Associates in any circumstances unless caused directly by specific negligence on the part of the Company or any of its Associates.
7.2 The Company specifically excludes all liability for consequential loss, indirect loss or losses arising indirectly from any negligence or breach of contract by the Company or its Associates
7.3 The Company shall have no liability for any losses, costs or damages, howsoever caused, by any of its Third Party Suppliers or Associates.
7.4 Whilst the Company will use its best endeavours to ensure that any Third Party Supplier used by it carries out the Services in the best possible way, the Company shall not be liable to the Client for any failure on the part of a Third Party Supplier or its Associates.
7.5 The Client fully accepts that the performance of any Third Party Supplier in connection with the Services selected by the Client is the responsibility of that Third Party Supplier, the Client agrees that any terms and conditions of any Third Party Supplier are deemed included and accepted by the Client when accepting these Terms. A Client wishing to see the full terms and conditions of any Third Party Supplier should request these from the Company. In particular, but without limitation, any Third Party Supplier force majeure terms, terms requiring a client to accept reasonable alternatives, or terms regarding timing of Services shall apply to the Contract.
Any complaint about the way in which the Company has handled a Client’s request for Services or conducted itself should be addressed to a Director of the Company. In the event the Client wishes to make a complaint about the conduct or performance by a Third Party Supplier, these should be directed to that Third Party Supplier rather than the Company, with a copy to the Company for information purposes.
9.1 The Client shall remain responsible for payment in full of any Services where such Services have been ordered by the Company.
9.2 At the Client’s sole discretion, and where permitted under the terms of business of a Third Party Supplier, the Company may reimburse a Client in part. The Client agrees that there is no right to reimbursement.
10.1 Both the Client and the Company shall, save to the extent that disclosure might be required by law, keep confidential to themselves all information about the other and shall not disclose any information which they learn about the other party except to a Third Party Supplier to the extent that such disclosure is necessary to enable that Third Party Supplier to perform the Services.
10.2 Under the Data Protection Act 1984, the Client shall be entitled upon request to view any personal records held by the Company relating to it and upon payment of a reasonable administration fee if requested by the Company. The Client acknowledges that reasonable personal data concerning it may be maintained by the Company and the Company in its turn agrees to abide by regulations under the Data Protection Act in connection with the maintenance of such records.
11 Further Services and Third Party Credit Form
11.1 In the event a Client wishes to order further Services beyond those on the On-line Itinerary, payment for these must be authorised through the Client providing a third party credit form permitting the Company to make full payment for the further Services either under a limited or unlimited authorisation. The Company is not obliged to provide any further Services without full payment authorisation.
12.1 These terms, the On-line Itinerary and any terms referred to at clause 7.5 or specifically referred to in the On-line Itinerary constitute the entire agreement between the parties and supersede any previous agreement or understanding.
12.2 Any notice required to be given by one party to the other shall be addressed in writing to the Company at its registered office and to the Client at the address details given by the Client to the Company.
12.3 No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of that right. No waiver by the Company of any breach shall be considered a waiver of any subsequent breach.
12.4 If any provisions of these Terms are unenforceable, such provision shall be severed from the agreement and the remainder of the provisions shall remain in full force and effect.
12.5 These Terms shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
12.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
12.7 The Company may assign its rights and obligations under these Terms and in particular may use the services of Associates, but the Client may not assign its rights or obligations under this agreement without the express written consent of the Company.