Booking Terms & Conditions
Celebration Holiday Homes
Booking Terms and Conditions
In these conditions, unless the context requires otherwise the following words shall have the following meanings:
‘Agency’ means Celebration Holiday Homes, a trading division of Tadcaster Pub Company Ltd, registered address Commer House, Station Road, Tadcaster, LS24 9JF, a company registered in England and Wales under company number: 06156274;
‘Agency’s Website ’ means the Agency’s website at www.celebrationholidayhomes.com;
‘Balance’ means the total amount payable for the Rental Period (including, for the avoidance of doubt, the Security Deposit) less the amount of the Booking Deposit.
‘Booking Deposit’ means a deposit payable to the Agency on acceptance of the booking by the Owner in accordance with clause 5 below if the booking is made more than three month before the Rental Date;
‘Booking Enquiry’ means an enquiry in respect of a booking at a specific property either by the web, email or the telephone in which the Agency is provided with information in respect of the booking and requirements to make an offer to the Owner in accordance with clause 3 below;
‘Booking Confirmation’ means the confirmation from the Agency in respect of a booking enquiry at a specific property whereby the Agent has agreed terms with the Owner and the booking is confirmed with the Guest in accordance with clause 3 below;
‘Booking Contract’ the contract for the booking agreed between the Owner and the Lead Guest in accordance with clause 3 below;
‘Booking Service’ the service which the Agency provides to Owners through the Agency’s Website whereby prospective customers for holiday lets are able to choose and book a holiday property.
‘Business Days’ means 9.00 a.m. – 5.00 p.m. on any day (other than a Saturday or Sunday or public holiday).
‘Conditions’ means these terms and conditions;
‘Guest’ means any or all of the people who will be hiring and staying in the property.
‘Host’ means the person (this may be the Owner) who will be responsible for representing the Owner and looking after the Guests at the Property.
‘Lead Guest’ shall mean the person who completes and submits the Booking Enquiry and to whom the Owner lets the Property under the Contract; where more than one person is taking the holiday, the Lead Guest will be responsible for all the Guests in the party.
‘Property’ means the property let or to be let by the Owner to the Guest through the Agency [to include the Property’s grounds and any outbuildings];
‘Owner’ shall mean the Owner of the Property by whom the Agency is appointed agent;
‘Rental Date’ means the date on which the first night of the Rental Period begins;
‘Rental Period’ means the number of days for which the Property is agreed to be let by the Owner in accordance with the Booking Confirmation.
‘Security Deposit’ means the deposit to be paid by the Lead Guest to the Owner as security against any damages and/or any requirement for additional cleaning, whether discovered during the Rental Period or after the Guests’ departure, as further described in clause 5 below.
- The Agency’s role and responsibilities
2.1 The Agency does not own the Property but acts as agent for the Owner by accepting and administering bookings for the Property.
2.2 The Agency’s role will be limited to providing the Booking Service and to communicating, where necessary with the Owner on the guest’s behalf. The Agency accepts no liability for any problems with or unavailability of the Property for any reason, or for any other issues concerning the letting or the Property during the Rental Period.
2.3 The Contract for the holiday rental will be between the Lead Guest and the Owner, the Agency shall not be a party to the contract.
- Basis of Contract
3.1 The following conditions will apply to the booking contract:
3.2 A Booking Enquiry can be made by either telephone, email or via the Agent’s website, the Booking Enquiry constitutes an offer to make a booking for the Property from the Owner. A booking Enquiry requires the following details.
3.2.1 Confirmation of the property and the dates of the prospective booking;
3.2.2 Details of the name and contact details of the Lead Guest making the booking;
3.2.3 Details of the number of people in the party, the purpose of the booking, if there are any special needs requirements in the party and if the party want to bring any pets.
3.2 The Lead Guest will be the person who makes the booking; the Lead Guest will be responsible for compliance with these Conditions and the Contract by all the Guests who will be staying at the property, unless stated otherwise.
3.3 At the time of booking the Lead Guest must be over the age of 18.
3.4 Following submission of the Booking Enquiry the agency will acknowledge receipt of the Booking Enquiry with the lead guest (via email or over the telephone), the agent will then confirm the details of the Booking Enquiry and availability of the Property with the Owner.
3.4 A Booking Confirmation will be made with the Lead Guest once the following points are confirmed:
3.4.1 The Owner agrees to let the Property to the guests for the period and duration submitted on the Booking Enquiry;
3.4.2 Receipt by the Agency of the Booking Deposit, or if booked less than 3 months before the Rental Date, payment of the full Balance; and
3.4.4 Confirmation if the property requires a Security Deposit, the amount of the Security Deposit and when this is payable to the Owner.
3.5 On settlement of all the elements of the Booking Confirmation a Booking Contract will be made between the Owner and the Lead Guest. A summary of the Booking Contract will be sent to the Owner and the Lead Guest by the Agency detailing the full cost of the booking, any amounts paid, final amounts that are due and that the Property is available.
3.5 The Owner, has the right to refuse any Booking at any point.
3.6 Any disputes or queries with respect to these Conditions, or any other matter will be dealt with by the Agency and the Lead guest.
3.7 The Contract creates a licence to occupy the Property for the purposes of a holiday (and not for any business purpose) and nothing in the Contract or these Conditions shall create the relationship of landlord and tenant between any of the Guests and the Owner.
3.8 Neither the Owner nor the Agency can provide any promise with respect to the quality of services provided by third parties at the Property including, but not limited to, internet service, telephone reception and television reception.
3.9 The maximum number of occupants at the Property shall be the number stated on the Booking Confirmation. The Lead Guest is responsible for confirming and checking the number of adults, children and infants (Child under 24 months) within the party. Any change in the number or details of the occupants must be notified to the Agency and the change must be accepted by the Agent (on behalf of the Owner) at least 14 days prior to the hire period. If changes are not notified to the Owner, the Owner may terminate the contract.
3.10 If during the Rental Period the number of persons occupying the Property exceeds the maximum limit of occupancy for that particular property, the Owner may immediately terminate the Contract without liability and gain access to the Property in accordance with clause 9 and 10 below.
3.11 The Agency is authorised (but not obliged) to accept bookings for hen parties and stag parties, however the Lead Guest must notify the Agency if the Booking is for any of these groups prior to booking so that consent can be obtained by the Owner. The information about the property on the Agency’s Website will state if such groups are generally permitted at the Property.
3.12 If the nature of your stay differs from that stated in your Booking Enquiry and the Owner has not consented to the change, the Owner may by written notice to the Lead Guest from the Agency, terminate the Contract without liability and gain access to the Property in accordance with clause 9 and 10 below.
- The Property
4.1 The Agency makes every effort to ensure that the information provided by the Owners in relation to the Property and services are accurately stated on all literature, including the Agency’s Website.
4.2 Whilst all reasonable efforts have been made by the Agency to ensure that information on the Agency’s Website about the Property and its facilities and services is kept up to date, there may be some differences between the description on the Agency’s Website and what is available in the Property at the start of the Rental Period. If there are any material changes to the Property made after the Booking has been confirmed then the Agency will make the Lead Guest aware of any material changes as soon as reasonably possible after it has been made aware of these changes.
4.3 Occasionally the exteriors, furniture, furnishings and room layouts may differ from the photographs on the website.
4.4 General maintenance in terms of gardening, window cleaning and general maintenance may at times be carried out on the property during the hire period. Wherever possible the Owner will try to accommodate the Guest’s reasonable requirements and will endeavour to ensure that any such works are carried out with the least possible disruption to the guests and their stay at the Property.
4.5 Not all properties will have cots or high chairs permanently at the property. Where a cot or high chair is advertised as available the Lead Guest should confirm that they require such equipment in the Booking Enquiry. Guests should note that cots and high chairs will vary in age and style and should only be used by small children aged under 24 months. Cot linen is not provided (Guest’s should bring their own).
4.6 Where the Agency or the Host as supplied details about local attractions, these are provided for information purposes only and neither the Agency nor the Owner can be responsible for any lack of availability of local attractions during the Rental Period.
- Booking and Payment
5.1 If the first day of the booking period is more than three months from the date of the Booking then a Booking Deposit of 30% of the total cost of the Rental Period will be payable when the Booking is made. The remaining balance is due three months before the Rental Period starts.
5.2 For Bookings made less than three months before the Rental Period, the full Balance shall be payable when the Booking is made.
5.3 All booking payments should be made to the Agency. The Agency will collect the booking payments on behalf of the Owner. The Agency acts as agent of the Owner and all monies paid by the Guests shall be held by the Agency on trust for the Owner.
5.4 All prices quoted are inclusive of Value Added Tax (where applicable).
5.5 The Agency shall, where applicable, send the Lead Guest written confirmation by email of the Balance due, three months prior to the Rental Date. Such payment must be made within 7 days from the date of the written confirmation.
5.6 Should the full balance not be paid to the Agency by the required date then the Agency may, following consultation with the Owner, cancel the contract on behalf of the Owner and re-let the Property. If the contract is cancelled in this way then the Hirer will be deemed to have forfeited any payments made and no refund will be made.
5.7 Should the Agency refuse or cancel the booking for any reason, any monies paid in respect of the Booking will be returned within 5 Business Days of the refusal notice.
5.8 The Agent will always endeavour to ensure that all prices quoted in respect of the property are correct. If the Agent discovers an error in the price for which a Booking Enquiry has been made and a Contract has been established then the Agent will contact the Guest to inform the Guest of the error and the Guest will have the option of continuing with the Booking at the correct price or cancelling the Booking and receiving full refund of any amounts already paid.
5.5 Details of how to pay are noted on the Agent’s Website; payment can be made using most standard payment methods including debit and credit card transactions.
5.7 All payments shall be made in Pounds Sterling and neither the Agency nor the Owner shall be responsible for any currency conversion costs the Hirer may incur.
- Security Deposit and Indemnity
6.1 The Security Deposit (if required) should be paid direct to the Owner no later than two weeks before the start of the Rental Period. The details of how and where to pay the Security Deposit will be sent from the Agency 4 weeks before the Rental Period.
6.2 If the required Security Deposit payment is not made 14 days prior to the holiday start the Agency reserves the right to terminate the Contract by notice in writing and without further liability. If the Contract is cancelled in this way then the Hirer will be deemed to have forfeited any payments made and no refund will be made.
6.3 The amount of the Security Deposit is set by the Owner and is detailed on the Agency’s Website and is also noted on the Booking confirmation.
6.4 The Owner is entitled to use the Security Deposit in the following circumstances:
6.4.1 Should any member of the Guest party damage the Property, or any furniture, equipment or fittings at the Property, or leave it in an unreasonable state or in a condition where additional cleaning beyond what would be reasonably expected is required.
6.4.2 Any loss or non-return of keys or any other fixtures or equipment supplied at the Property.
6.4.3 If any of the Guests cause excessive noise disturbance or any other disturbance or damage to other properties during their stay which results in complaints being received by the Agent or the Owner.
6.4.4 The Owner will contact the Lead Guest within 4 Business Days after the Rental Period ends to advise if any claim will be made against the Security Deposit; the Owner will endeavour to agree a retention from the Security Deposit with the Lead Guest. The Owner will send evidence of the damage if requested.
6.5 The balance of any agreed retention or the full balance of the Security Deposit if no retention claim is made will be returned to the Lead Guest 5 business days after the end of the holiday stay.
6.5 Should a claim be made by the Owner against the Security Deposit which cannot be agreed with the Lead Guest then details of such a Claim will be provided to the Lead Guest within 14 days of the expiry of the Rental Period.
6.6 Should the Security Deposit provide an insufficient remedy, the Owner shall have the right to recover any sum from the Lead Guest so as to make up any shortfall.
6.7 In the event that any member of the Guest party causes severe damage to the Property which results in the Owner having to cancel subsequent bookings and/or pay compensation to any person due to the Property being left in an uninhabitable state, or in a state which reduces the services offered to subsequent guests, the Lead Guest shall indemnify the Owner in full for any loss incurred by them which the Security Deposit does not cover.
- Duration and Term of Rental
7.1 The letting period will commence on the Rental Date and continue for the duration of the Rental Period and shall terminate on the last day of the Rental Period in accordance with the Booking Confirmation details.
7.2 Check in and check out times for the properties as advertised on the Agency’s Website can vary, depending on the Rental Period. The check in and check out time for the specific booking will be confirmed on the Booking Confirmation details.
- Guests Obligations
8.1 The information provided to the Agency is true, accurate, current and complete in all respects. Should any information provided change, the Lead Guest should notify the Agency immediately. Neither the Agency nor the Owner shall be liable if any incorrect information provided by the Lead Guest results in the Agency or Owner being entitled to terminate the Contract.
8.2 The Lead Guest agrees on behalf of all Guests to:
8.2.1 Not cause any damage to the Property, including all furniture and fixtures and fittings;
8.2.2 Keep the Property and all furniture, fixture and fittings in the same state of repair as to which they were provided at the commencement of the Rental Period;
8.2.3 Leave the Property in the same state of cleanliness as that in which it was found at the commencement of the Rental Period;
8.2.4 Keep all furniture as and where found, so as to not remove it from the place that it was originally placed or place it back to its original place prior to the end of the Rental Period. Guests will be liable for any damage caused in this respect;
8.3.5 Empty any bins and dispose of any rubbish in the outside bins and recycling bins provided at the Property, following the instructions of the Owner where provided;
8.3.6 Report any damage at the Property not caused by the guests to the Host on your day of arrival;
8.3.7 Report as soon as possible to the Host, any breakages or damage caused by the party during the Rental Period;
8.3.8 Not to undertake any repairs of any kind to the Property, including furniture and fixture and fittings;
8.3.9 Not to use the Property for any illegal purpose or take any illegal substance thereon; and
8.3.10 Abide by the Conditions.
- Cancellation policy
9.1 Once the Booking Confirmation has been provided by the Agency, the Lead Guest is responsible for the Balance.
9.2 The Lead Guest may cancel the booking at any time; however, they will not be entitled to reimbursement of any monies paid.
9.3 Cancellation of a booking must be made in writing and sent to the Agency at email@example.com
9.4 Once cancellation has been confirmed by the Agency, the booking of the Property will be deemed cancelled.
9.5 Upon confirmation by the Agency of the cancellation of a booking, the Agency will seek to re-let the Property for the full Rental Period for the same rental as originally agreed. If the Agency do not succeed in re-letting the stay then the Booking Deposit will be kept.
9.6 In the event that the Property becomes unavailable, through no fault of either the Agency or the Owner, and the Balance has been paid, the Owner has the right to cancel the booking. If the Agent cannot offer an acceptable alternative then the Agent will arrange a refund from the Owner, through the Agency, to the Lead Guest.
9.7 The Agency reserves the right to terminate the Contract, on behalf of the Owner, or refuse to hand over the Property, at any time where there are reasonable grounds to suspect that:
9.7.1 Anyone in the party is likely to breach any of the Conditions in terms of the number of persons staying at the Property;
9.7.2 Incorrect information has been provided to the Agency with respect to the booking; and
9.7.3 Anyone in the Guest Party has behaved in a vexatious, abusive or unlawful manner towards the Agency, the Owner, any third party supplying services to the Property or any neighbours of the Property.
9.8 The above actions as stated in clause 9.7 above shall constitute a breach of contract by the Guest and the Agency and Owner shall consider the booking as cancelled by the Guest. In these circumstances, neither the Owner nor the Agency shall be liable to the Guest in any respect and the Guest shall not be entitled to a refund of any monies or alternative accommodation.
- Right of re-entry and right to evict
10.1 The Owner is entitled to enter the property, without providing prior notice in the following circumstances:
10.1.1 In an emergency, to include where repairs are required to be carried out due to a report made by anyone in the Guest party or damage caused by anyone in the Guest party ; or
10.1.2 Should anyone in the Guest party be in breach of any of these Conditions or the Agency, the Owner or the Host has reasonable grounds to believe that there is a breach of these Conditions and of the Contract; or
10.1.3 The Agency or the Owner have received reports from a third party that may indicate a breach of these Conditions or Contract.
10.2 The Owner or the Host is allowed to enter the property to inspect it (including but not limited to where someone from the Guest party has complained about the property). In this circumstance, reasonable notice will be given first.
10.3 Should re-entry be required on the basis that the Guests are in breach of these Conditions, no notice of re-entry is required and the Guest party may also be required to leave the Property immediately at the request of the Agency or the Owner, in which case the Contract between the Lead Guest and the Owner shall terminate immediately, with no compensation or liability being owed to anyone in the Guest party by either the Agency or the Owner.
10.4 Should access be required pursuant to this clause 10, The Guests agree not to obstruct the re-entry of the Owner and/or the Owner’s Representative (to include workmen) to the Property.
- Noise Policy
11.1 We ask all Guests to show consideration to the environment and to the neighbours of the Property in all manners and at all times.
11.2 Noise policies may vary depending on the use of the Property and Property being rented.
11.3 Whether or not a noise policy is in place, the Agency and Owner expects that the Lead Guest and every member of the Guest party will undertake to:
11.3.1 be considerate to the neighbours of the Property at all times and more specifically during the early hours of the morning and late evening; and
11.3.2 ensure that any deliveries or taxis are provided with clear directions to the Property so as not to inconvenience any neighbouring properties.
11.4 Should the Guest party be in breach of any of the conditions set out in this clause 11 and the Agency and/or the Owner have received a complaint by a third party, the Agency and/or Owner will provide the Guest party with a written warning and an opportunity to remedy the breach in the first instance.
11.6 Should the Guest party fail to observe the conditions set out in this clause 11 and warning has been given as set out in clause 11.5 above, the Agency and/or Owners shall have the right to ask the Guest party to leave the Property immediately thus terminating the Contract and in such a case neither the Owner nor the Agency shall be liable for any reimbursement of any monies paid, including the Security Deposit.
- Pet Policy
12.1 For the avoidance of doubt, this policy applies to all pets and not just dogs.
12.2 If anyone in the Guest party wishes to bring a pet, the Lead Guest must notify the Agency at the time of booking on the Booking Form. It is the Lead Guest’s responsibility to ensure that Owners are aware at the time of booking that the party wish to bring pets.
12.3 Some of the properties advertised through the Agency’s Website will accept well behaved pets to stay at the Property.
12.4 If the Owner of the Property allows pets, the Property will be clearly noted as pet friendly on the Agency website. If the Property is not registered as pet friendly then pets are not allowed at the Property.
12.5 A Property that is not registered as pet friendly does not necessarily mean that no pets have occupied the Property.
12.6 If you are in any doubt as to whether the specific Property you would like to book allows a particular pet to stay, you must contact the Agency prior to booking.
12.7 Should anyone in the party bring a pet, then Guests must comply with the following conditions:
12.7.1 Pets are not allowed upstairs, on the bed or on other furniture;
12.7.2 Pets must be kept under strict control at all times;
12.7.3 Guests must supply their own pet bed, food and any other pet amenities;
12.7.4 Any fouling at the Property must be cleared up by the guests without delay and disposed of accordingly;
12.7.5 Pets must not be left unattended at the Property at any time;
12.7.6 Pets must be free from parasites before the Rental Date, failure to do so may incur further charges which the Owner is entitled to recover from you in full;
12.8 A pet friendly property does not necessarily mean that the property has an enclosed garden nor does it mean that the garden is ‘escape proof’ to pets.
12.9 Should any of the conditions stated in clause 12.7 above be breached, the Agency and/or Owner have the right to deduct any sum from the Security Deposit so as to deal with such breach. Should the Security Deposit be insufficient to remedy such breach, the Owner of the Property shall have the right to recover any sum from the Lead Guest as to make up any shortfall.
12.10 If the Guest has booked a property which does not accept pets, or in the case of a pet friendly property the guest has not made the Agency aware they are bringing pets and the pets have not therefore been authorised by the owner, then the Owner has the right to enter the Property and require all the Guests to leave the property and immediately cancel the holiday stay. If the Owner takes this action then the Contract will be cancelled and no-one in the party will be entitled to any refund or compensation.
- Smoking Policy
All of the properties offered by the Agency on behalf of the Owners are entirely smoke free. Should the Agency or Owners be required to clean the Property due to non-compliance of this clause, the Owner shall be entitled to use the Security Deposit so as to remedy such breach.
- Extra amenities
14.1 Some properties have extra amenities including hot tubs and/or swimming pools.
14.2 All amenities should be used with great care and user manuals and signage should be referred to where available.
14.3 Every member of the Guest Party is responsible for the safety of any child using such amenities.
14.4 Where a property has a hot tub, it is advised that children under the age of 8 should not use the same for safety reasons.
14.5 No child should use the hot tub or swimming pool unattended.
14.6 Glass should never taken into the hot tub or swimming pools or the surrounding areas. If there is any glass breakage in the hot tub or pool, then the costs of a professional clean and potentially a refund to following guests unable to use the amenities until the clean can take place would be deducted from the Security Deposit.
14.7 The Owner will provide an information pack, the rules in which must be complied with by all persons using such amenity. Failure to observe such rules may result in the amenities being deemed closed for the rest of the duration of the Rental Period.
14.8 For health and safety reasons a hot tub will be required to be emptied and refilled between guest bookings. If a house has a departure and arrival on the same day this will mean that the hot tub may not reach temperature until the following morning.
14.9 Should the amenities be closed during your stay, due to the Guests being in breach of any of these Conditions, there will be no right to compensation.
15.1 The Agency recommends that all Guests obtain adequate travel insurance prior to the Rental Date, for cover during the Rental Period for all matters to include cancellation of the booking for the Property, loss and personal injury.
- Limitation of Liability
16.1 Neither the Agency nor the Owner excludes or limits their liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of employees or agents; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Service.
16.2 Nevertheless, to the fullest extent permissible by law the Agency disclaims any and all promises, warranties, conditions or representations relating to the Booking Service. In particular, the Agency does not make any promises with respect to:
16.2.1 The availability of the Agency’s Website;
16.2.2 Errors contained in any documentation supplied by the Owners or their representatives, which may or may not appear on the Agency’s Website or other materials;
16.2.3 The quality or suitability of the Property or the Owner.
16.3 The Agency shall not be liable to any member of the Guest party for any loss that may be incurred in the event that the Owner overbooks the Property or cancels the booking.
16.4 Should the Agency be deemed to be liable by order of the Court in any respect, such liability will be limited to the amount the Agency receives by way of commission from the Owner and shall only be paid once.
16.5 Should a suitable insurance policy be obtained pursuant to clause 15 above, a claim must first claim for any such loss under that policy, with the Agency being liable, pursuant to clause 16.4 above, only for the difference (if any) between the amount achieved by way of commission by the Agency and the amount the insurance company has paid to the Guest.
16.6 The Lead Guest acknowledges that in booking the Property, all personal belongings and vehicles, including the contents of those vehicles, belonging to any member of the Guest party, are left at the Property entirely their own risk. The Agency shall accept no responsibility for any loss, damage or injury to anyone in the Guest party nor to their personal property during the Rental Period, except for any such loss which has been caused by the Agency’s own negligence (and not the negligence of the Owner.)
16.7 The Agent is acting purely as an agent for the Owner and does not have control over the Property or the Owner, the Agent shall not be liable for any injury, sickness, loss, damage, additional expense or damages for inconvenience whether caused directly or indirectly (including any facilities or other amenities at the property) and its appearance, plumbing, gas, electrics, exceptional weather conditions or the Owners negligence.
17.1 Should any Guest at the Property wish to make a complaint during the Rental Period, they should notify the Host of any such complaint promptly, so that every attempt can be made by the Host and/or the Agency on the Owner’s behalf, to resolve the issue as soon as possible or in any event, within 14 days of the end of the Rental Period.
17.2 Should the Guest be dissatisfied with the Owner’s response, the Agency may (but is not obliged to) liaise with the Owner in an attempt to resolve the complaint.
17.3 Should the Agency attempt to resolve a complaint pursuant to clause 17.2 above, every attempt will be made by the Agency to reach a resolution between the Guest and the Owner, which may include a relevant compensatory amount; however should the Guest not accept the suggested resolution, the Agency and Owner are under no obligation to offer anything further.
17.4 If the complaint is not resolved, nothing in this section affects the Guests’ legal rights.
- Data and Privacy
18.1 The Agency will use the personal data of the Lead Guest and other Guests for the purpose of processing the Booking Enquiry and for carrying out the Agent’s obligations in accordance with the Contract. In making a booking, the Agency may ask for personal information including details such as name, address, email address, telephone number and payment details.
18.2 The Agency will pass on certain of this information to the Owner and any third party review site that it uses. The Agent will not pass any personal information onto any other third party without first seeking authorisation.
- Force Majeure Event
19.1 The Agency/Owner shall not be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations set out in these conditions or otherwise, if such delay or failure results from events, circumstances or causes beyond its reasonable control.
19.2 Force Majeure will include any circumstance not within a party’s reasonable control including, without limitation: (a) acts of God, severe floods, droughts, earthquake or other natural disaster (b) epidemic or pandemic (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations (d) nuclear, chemical or biological contamination or sonic boom (e) strikes, lock-outs, industrial disputes, failure of a utility or transport network, compliance with any law or governmental order, rule, regulation or direction or default of suppliers or sub-contractors.
20.1 If any provision or part provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Conditions.
20.2 If one party gives notice to the other of the possibility that any provision or part provision of these Conditions are invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. Variation of Conditions: No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). Governing Law and Jurisdiction: These Conditions and any disputes or claims arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.