Terms & Conditions
The terms of business which govern our relationship follow:-
- Our fees and expenses are set out in our website or other written quotation, deposit and payment schedules may vary depending on event. Unless otherwise stated, fees are exclusive of VAT which must also be paid at the applicable rate. We will be entitled to interest on late payments at the rate of 4% per annum above the base rate of Barclays Bank plc from the due date of payment until actual payment, such rate to apply both before and after any judgement.
- Please note that in the case of some events you must hold the correct ticket in order to be able to stay with us, this is stated on the relevant sections of our website.
- Cancellation by you - Without prejudice to our other rights and remedies, if you postpone or cancel our services, we will be entitled to refund you under the following terms: If you cancel after paying you’re initial deposit we will refund you 50% of your payment. If you cancel after making full payment we will be unable to refund you any of your payment.
- Cancellation of the service by The Pop-Up Hotel- We reserve the right to cancel our service should there be insufficient demand or for other reasons, we shall refund your payment in full should if we cancel the service but no further compensation shall be paid.
- 5.Liability - We shall not be liable to you for any event beyond our reasonable control, including but not limited to any failure or defective working of al equipment or internet service provision or for the consequences of it, or for any loss of profit indirect or consequential loss or damage. Our total liability to you arising out of or in connection with this agreement shall not exceed the monies you have paid us under it at the date any claim arises. Nothing in this clause shall, however, restrict our liability for death or personal injury caused by our negligence or for fraudulent
- You must ensure your actions or omissions do not give rise to any loss or injury or breach of legal duty to members of the public. You agree to indemnify us and to keep us indemnified fully against all losses, actions, claims, proceedings, costs and damages and all legal costs or other expenses arising out of any breach of this
- Quality - Our services will be provided with reasonable care and skill. However, our services are provided "as is" only. All implied warranties, conditions and other terms concerning our performance of the services are excluded to the extent permitted by
- Exchange Rates - We will invoice you in £ Sterling GBP and you agree to pay us in £ Sterling
- Termination - Without prejudice to any other right or remedies, either of us may terminate this agreement at any time by notice in writing to the other if the other party is in breach of this agreement and, in the case of a breach capable of remedy, the breach is not remedied within 14 days of the other party receiving notice specifying the breach and requiring it to be remedied, or if the other party becomes insolvent or an order is made or a resolution is passed for the winding up of the other party (other than voluntary for the purpose of solvent amalgamation or reconstruction) or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the other's assets or business or if the other makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of
- Our Staff. You undertake that you will not during the term of this agreement and for a period of one year following its expiry solicit or seek to induce away from our employment any person who is or was employed or engaged by us.
- Security deposit and damages-We will check over your canvas room including all our lovely fittings before you leave, we will refund your deposit in full providing nothing is damged or is missing.
- You are advised not to bring any items of special value to The Pop-Up Hotel Ltd. premises. The Pop-Up Hotel Ltd. will not accept responsibility for the loss of any personal possessions. The Pop-Up Hotel Ltd. will not be liable for any loss suffered by you which is indirect, special or consequential. The Pop-Up Hotel Ltd will not be liable for any loss suffered by you resulting from any event which is beyond the reasonable control of The Pop-Up Hotel Ltd.
- Discounts - All discounts are subject to availability where applicable and can be withdrawn at the discretion of The Pop-Up Hotel Ltd. without prior notice, and do not apply to tickets already purchased. The Pop-Up Hotel Ltd. reserves the right to introduce discounts and price changes without prior notice.
- General - If there is an inconsistency between these general terms and conditions and any other communication, these terms and conditions shall prevail. Amendments to this agreement shall only be valid if made in writing and signed by both parties. If any provision of this Agreement is found invalid or unenforceable the remainder shall, nevertheless remain in full force and effect. Termination of this Agreement shall not affect any of the rights and liabilities of either party accrued at that date and nor shall it affect the continuation of any obligations expressed or intended to continue after termination. It is not intended that anybody other than you and us may benefit from this agreement because of the Contracts (Rights of Third Parties) Act 1999. Headings are for convenience only and will not affect interpretation of this agreement. You may not assign this agreement without our consent. This agreement will be governed by and construed in accordance with the laws of England and be subject to the exclusive jurisdiction of the English Courts.
General information relating to competitions
These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions on www.thepopuphotel.com (“the Site”) (each a "Competition"), unless otherwise expressly stated.
By entering a Competition, entrants agree to be bound by these Rules.
Rules specific to each Competition will be communicated on the site and in relevant email newsletters ("Competition Notice") and are incorporated into the Rules. Should you be unclear about those rules, please contact us to obtain a copy of the same. If requiring a copy to be sent by post, you will be required to provide us with a stamped self-addressed envelope. In the event of differences or discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
We reserve the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control.
Any changes will be posted either within these terms and conditions, on the Site or in an email newsletter.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, our decision shall be final and no correspondence or discussion shall be entered into.
Unless stated otherwise in the Competition Notice, you (“the Entrant”) may enter the Competition as many times as you like however where a winner has been selected and we discover or has reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, we may select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry.
There is no purchase requirement to enter a Competition and there is no charge to register for use of the Site.
Proof of posting or emailing cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside our control.
Entrants should note that unless stated otherwise, we do not accept responsibility for the return of any Entries, including those consisting of artistic or other material.
Employees (or members of the families or households of employees) of The Pop-Up Hotel Limited or any company involved in the Competition or, if relevant, production of a television programme to which a Competition relates, or any advertising agency or web company connected with the Competition or any such person’s subsidiary or associated companies, are not eligible to enter the Competition.
We reserve the right not to award a prize (and to select an alterative winner) if we are aware or have reasonable grounds to believe that a winner is not eligible.
Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out in the Competition Notice.
By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. We reserve the right to verify the eligibility of all entrants.
The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom.
Where a Competition is open to all age groups, we assume that by using the Site and entering the Competition (and you warrant that) you meet any age requirements in the Site terms and conditions and if we allow for users under 18 years of age, that your parents have consented to your entry into the Competition and these Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the Competition Notice and we assume that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition).
We reserve the right to disqualify any Entrant if it has reasonable grounds to believe the Entrant has breached any of the Rules. In the event that any Entrant is disqualified from the Competition, we in our sole discretion may decide whether a replacement should be selected.
In this event, any further Entrant will be selected on the same criteria as the original Entrant and will be subject to these Rules.
Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to us) or from all submitted entries (where creative or artistic merit or other subjective criteria apply to entries (unless these are being judged as set out in the Competition Notice), within 28 days of the closing date specified in the Competition Notice.
Tie-breakers will be judged by us and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and us shall be final and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by us or our nominated supplier(s)).
Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per Entrant will be awarded. Competition winner(s)’ names may be published on the Site or you can write to us naming the specific competition including a self-addressed stamped envelope for a list of winners.
Unless specified otherwise in the Competition Notice, prize winners will be notified by email and asked to confirm a postal address within a required time. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.
Prizes are awarded at our discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, we and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.
All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
INTELLECTUAL PROPERTY RIGHTS & USE OF ENTRIES
In consideration of us agreeing to consider entrants to the Competition, each Entrant hereby agrees that we (and third parties authorised by us) may make any and all Entries available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship.
You now grant us (and third parties authorised by us) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
We do not guarantee to use or otherwise make available any Entry. We may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, we reserve the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering the Competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
Nothing shall exclude our liability for death or personal injury as a result of its negligence.
DATA PROTECTION AND PUBLICITY
We reserve the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.
Data relating to entrants will be retained by us for a reasonable period after the Competition closes to assist us to operate competitions in a consistent manner and to deal with any queries on the Competition.
The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Sites are only intended to be accessed from the United Kingdom.
We make no representation that materials on the Site relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.