TERMS & CONDITIONS
Almont Limited and Almont Group of companies. ("Almont") General Terms and Conditions for any person using Almont services, including Almont Platinum or Diamond Club Members ("Conditions"). These Conditions apply to all services ordered from or provided to a person or persons, acting as an individual or as part of an organisation or company, by Almont group of companies (hereinafter referred to as “Almont”) and by requesting services from Almont you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
· Benefits: means the benefits made available by Suppliers.
· Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
· Joining Fee: means the Fee payable by the Member to Almont upon acceptance of a Membership application, in accordance with clause 3.1.
· Member: a person registered as a member of the Platinum or Diamond Membership Club.
· Membership: means membership of the Platinum or Diamond Membership Club.
· Membership Pack: means the documents and instructions issued to Members by Almont upon acceptance of a Membership application in accordance with clause 2
· Membership Club: means the Almont Travel Membership Club owned by Almont Limited.
· Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership.
· Payment Card: has the meaning given in Clause 3.7.
· Website: means the website located at www.AlmontTravel.com.
· Request: means a request placed by a Member or Customer or any other person making an enquiry with Almont to arrange the supply of goods and/or services from a third party on the persons, the person’s organisation or Member's behalf.
· Services: means the supply of goods and services, physically tangible or not, by Almont to a person or organisation, or as part of their Membership to anybody receiving services from Almont.
· Supplier means a supplier engaged by Almont on behalf of and as agent for a customer to provide goods and/or services to that Member and or customer.
· Customer or any person means any natural person receiving services from Almont, either as an individual or as part of an organisation or company.
1.2 In these Conditions, the following rules apply:
· (a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
· (b) a reference to a party includes its personal representatives, successors or permitted assigns;
· (c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
· (d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
· (e) a reference to writing or written includes e-mails.
2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP PACK
· 2.1 All Membership applications are subject to acceptance by Almont at its sole discretion. Almont shall notify applicants in the event that his or her Membership application has been accepted. Almont is under no duty to disclose its reasons for rejecting any Membership application at any time.
· 2.2 You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Almont promptly in the event that any information provided by you in connection with your Membership changes.
· 2.3 Almont operates offices in a number of territories worldwide. Almont encourages Members with residences in multiple territories to register for Membership with the Almont office in the territory where their primary residence is located in the first instance.
· 2.4 Almont will issue you with a Membership Pack as soon as possible following receipt of your Joining Fee and Membership Fee.
· 2.5 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.
2.6 Access to and use of your personalised Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Almont immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1 For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of your Membership application. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.
3.2 You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
3.3 Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable. Your Joining Fee covers our costs in setting up your Membership and is non-refundable in all circumstances.
3.4 You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
3.5 If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6 Almont reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If Almont cancels your Membership, where it is reasonable to do so Almont shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
3.7 Membership Fees are due on acceptance of your Membership application and annually thereafter (the "Renewal Date"), and full payment will be taken by Almont annually in advance by direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from ("Payment Card") in accordance with the relevant invoice.
3.8 Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise Almont to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively you will be contacted directly in order to renew your Membership.
3.9 If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
3.10 If you do not notify us in accordance with Clause 3.9, Almont reserves the right to recharge the then current Membership Fee in order to renew the Membership.
3.11 Almont (and its affiliated offices) reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.12 If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or Almont reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis. If you do not accept Almont's request for you to upgrade your Membership then Almont reserves the right to cancel your existing Membership with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership year for which you have paid Membership Fees.
3.13 Almont may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Almont to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
4.1 Almont shall supply the Services to any person who has made an accepted and acknowledged request on an on demand bases, and more specifically to the Member during the Membership in accordance with the Member's particular Requests, provided that Almont shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
4.2 Almont shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
4.3 Almont shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Almont shall notify the Member or Customer in any such event.
4.4 Services will be provided in English.
4.5 You acknowledge that Almont reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.6 Telephone calls to Almont may be monitored or recorded for training and quality control purposes.
4.7 Almont shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
4.8 Restaurants and clubs:
(a) When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.
(b) When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) Almont reserves the right to deny restaurant requests from Members if Members repeatedly fail to honour their bookings or continuously violate cancellation policies.
(d) Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and Almont shall have no liability where a Member or a Customer is refused admission to a club.
4.9 Events Tickets:
(a) Almont may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing Almont to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to Almont in respect of our provision of services to obtain the seats for you. Almont is not the seller of the tickets and is not responsible for fulfilment of your order.
(b) All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Almont shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
(d) Almont or its ticket agent partner will despatch your tickets through delivery agents at standard rates. Please note that Almont shall not be liable for any failure by delivery agents to deliver your tickets.
4.10 Hotels and Flights
(a) To make a booking with Almont, please contact us by e-mail or telephone at the addresses and telephone numbers detailed on our Website or in your Membership Pack. Our staff will then prepare a travel proposal for you based on your requirements. The travel proposal will set out the price of the travel arrangements and when payment of the price will be invoiced and payable.
(b) Once we have received your confirmation email to proceed and deposit payment, we will then go ahead and request confirmation from our partners/suppliers. Until we have confirmation back from our partners/suppliers in writing we are unable to confirm your trip. We will then advise you of confirmation once written confirmations have been received.
(c) Please carefully check all details set out in the travel proposal and confirm the booking in writing. When we have received your confirmation, we will then issue a confirmation invoice for payment of the price of the booking. Please carefully check the confirmation invoice and notify us immediately if any details are incorrect or incomplete and we will reissue the relevant invoice. Your booking will be accepted by us when we have received payment of the confirmation invoice and booked your travel arrangements. Processing your payment is not a guarantee or representation that your requested arrangements will be provided or confirmed.
(d) We will do our best to accommodate any special requests but unfortunately we cannot guarantee that these will be met in every case. We will not be liable if any special request is not met.
(e) Your tickets and other travel documents will normally be issued between 10 and 14 days prior to the date of travel. The nature of the holidays we arrange means we are often not in a position to confirm every requested element at the time of booking. Once the key elements of your holiday (flights, accommodation etc.) are booked and confirmed, we will then complete the remainder of itinerary.
(f) Where we are acting as a travel agent on behalf of another travel provider/operator, we act as agent only for such third parties and all bookings will be subject to the terms and conditions of the relevant third party providers. We accept no liability under such terms and conditions or in respect of any act or omission of any third party provider. Your contract for travel services will be between you and the third party provider only.
(g) Unless otherwise specified in your travel proposal and confirmation invoice, where the booking is confirmed more than 8 weeks before the date of travel, a deposit of 10% of the total booking price will be payable to secure your booking with the balance of the booking price payable prior to the date of travel on the dates specified in your travel proposal and final invoice. Where the booking is confirmed within 8 weeks of the date of travel, payment of the total booking price will be due and payable within 7 days of the date of issue of the confirmation invoice.
(h) Unless otherwise specified the price of your booking as shown on your confirmation invoice is guaranteed until the end of that same business day and will not be subject to any changes (other than changes made in accordance with these Terms and Conditions). We will not be liable for any changes in currency exchange rates. Where any payment is not received by the due date for payment as specified in the confirmation invoice or any subsequent invoice, Almont reserves the right to cancel the booking with immediate effect and retain your deposit.
(i) On some occasions requested travel services are sold as a complete package as supplied by third parties. We do not create our own packages or tours. We do not offer pricing breakdowns for tour inclusions. Costs represent a complete package of arrangements and no itemisation of costs will be rendered.
(j) We will do our best to assist you if you wish to alter your travel arrangements subject to availability. If you wish to make changes to your booking, you (the person first named in the travel proposal) must submit your request in writing to writing by e-mail. Any changes to a confirmed booking will be subject to a fixed administration fee of £100. Where changes are made to your booking, you shall be liable to pay the administration fee plus any other applicable change fees immediately upon being invoiced by Almont. Please note scheduled airlines normally regard name changes as a cancellation and rebooking and any such alteration may incur a 100% cancellation charge in respect of the air fare.
(k) In certain circumstances, we may be required to make changes to your travel arrangements. We plan your travel arrangements in advance of your holiday using independent suppliers such as airlines, hotels, local transport operators and guides, over whom we have no direct control. We reserve the right to make minor changes to your travel arrangements without notifying you. However, where we have made a material change to your booking we will notify you as soon as reasonably practical. For the avoidance of doubt, a material change includes but is not limited to, a change of flight time by more than 12 hours, a change of international airport (except between airports serving the same city), a change of destination or a change to a lower standard accommodation or lower priced accommodation. Where a material change is necessary we will provide you with three alternatives to the original item which is subject to change. You may accept one of these alternative options, change your booking to another available holiday, or cancel the booking and receive a full refund of the price. If you choose an alternative holiday which exceeds the price paid for your holiday you must pay the difference. Where the alternative holiday is less than the price paid for your holiday, the Company will refund the difference in price.
(l) If the amendment results in the price of your holiday reducing by more than 10%, this will be deemed a part cancellation and cancelation charges will apply to the cancelled portion of the holiday in accordance with the Cancellations section below. Please note that some accommodation is priced according to the number of people in the booking. If you wish to change the size of your party, the per person cost of the holiday for other members may increase significantly and that some airline tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost.
(m) If you alter your travel arrangements yourself or through another travel operator, Almont will not be liable for any additional costs you may incur including, but not limited to, costs of onward travel as a result of such alterations.
(n) All cancellations must be notified by you (the person first named in the travel proposal) to Almont as soon as possible in writing by e-mail. Cancellations will be effective on the day notice of cancellation is received by us.
(o) We strongly recommend that you take out adequate travel insurance to cover you against loss of your deposit and/or cancellation fees. Please note that in certain circumstances, airlines, hotels and other suppliers may have applied ticketing conditions under which higher cancellation charges to those shown above are chargeable. In such circumstances, you will be liable to pay the cancellation charge listed above together with any additional cancellation charges charged by suppliers.
(p) Any special requirements, allergies and dietary restrictions must be disclosed to the Travel Designer at the time of booking. Any special requests or requirements do not form part of these Terms or of the contract between you and Almont Travel, but are on an informative bases and we shall do our best to share this information with the suppliers of the services you are purchasing. Your Travel Designer is not liable for any failure for other parties to accommodate or fulfil such requests. It is the travellers responsibility to ensure they take appropriate precessions and advise directly and local any of the purchased suppliers of their special requirements.
(q) We reserve the right to cancel your booking in circumstances where we are forced to do so due to reasons beyond our control. In such circumstances, we will use our best endeavours to find and offer another booking for you at the same price. Where we are not able to offer you an alternative booking or you do not wish to accept the alternative booking altered, we will provide you with a full refund of all monies paid by you.
(r) We do our best to ensure that all prices shown on our travel proposals are correct and kept up to date. However, occasionally incorrect prices may be listed due to an error. In such cases we will notify you as soon as reasonably practicable of the correct price. If you do not wish to accept the correct price notified to you, you will be given the choice of alternative travel arrangements at the original price or to cancel your trip and receive a full refund of all monies (excluding any non-refundable deposits) paid to that date.
(s) Many airlines require the full name of all passengers travelling. We will therefore ask you at the time of booking to provide us with the first forename (as shown in passport) as well as titles and surnames of all passengers. You are responsible for ensuring you have valid passport(s) with at least 6 months validity from the date of return of travel and with at least 3 blank consecutive pages to allow for visas, entry and departure stamps, etc.
(t) You are also responsible for ensuring you have valid visas, health documents, insurance, driving licences and any other entry or other travel requirements of the country you are travelling to. Almont cannot accept liability for any failure to obtain any such documents or meet any requirements of entry. We have no obligation to advise you of any requirements in any country. All travellers are expected to check all conditions and rules of travel as applicable for their own personal circumstances and situation. All advice about travelling abroad, including the latest information on any relevant pandemic restrictions are supplied on an information bases, and are done so to the best of Almont’s understanding and Almont cannot be held liable for any errors or omissions that may result in any interruption to the individuals travel. Ultimate responsibility is on the traveller to ensure they are fully aware of all restrictions and conditions relating to their travel, including but not exclusively pertaining to any pandemic, natural disaster, war and conflict, Visa and passport requirements.
(u) You are responsible for your arrival at the stated departure times and locations of travel and you will be liable for any loss or damage suffered as a result of any failure to do so.
(v) The Foreign & Commonwealth Advice Unit may issue information about your holiday destination. You are advised to check this information on the Internet under the address www.fco.gov.uk . Under EU Regulation 261/2004 you may have rights in some circumstances to refunds and/or compensation from your airline in cases of being denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments are due to you from us, any payment made to you by the airline will be deducted from this amount.
(w) When you make a booking with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the third party supplier who has suffered the damage or loss or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. In addition, loss or damage to your own personal property is at your sole risk. You should ensure you have appropriate travel insurance to protect you.
(x) In the event of any delay to your flights, we will do our best to assist you in making alternative travel arrangements to get you to your destination. We use the scheduled services of the world's major international airlines. These are rarely subject to lengthy delays. In the unlikely event of a delay, arrangements for meals, overnight accommodation, etc. should be met by your airline. Conditions of carriage are available on request.
(y) We will book independent suppliers to provide most accommodation, travel, tour and other arrangements. All bookings are subject to the terms and conditions of these third party suppliers, including any limitations or exclusions of liability. Our liability will be limited in accordance with and/or in an identical manner to (a) the contractual terms of the suppliers who provide any elements of your travel arrangements; and (b) where any relevant international travel conventions apply, including but limited to, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation.
4.11 Means of Payment
Payment can be made any number of ways, however you must advise how you will be paying in advance of any enquire as this can affect how the service will be invoiced, Regardless of the form of payment you chose to use, we will need a credit card number in order to confirm any booking until the full payment is received. We can issue invoices in Sterling for bookings in Scotland, England and Wales, Euros for bookings in Ireland and Europe, and US Dollars for elsewhere.
5. PLACING A REQUEST
5.1 Members and customers may place Requests by telephone, e-mail, or text messages.
5.2 Members should always contact their membership manager in the first instance to manage all Requests. General customers must contact the general contact channels for the first available agent.
5.3 Almont, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.4 If Almont is unable or not obliged to deal with any Request, it will inform the Members and customers as soon as reasonably practicable.
5.5 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
5.6 From time to time the procurement or provision of certain services, products or benefits may incur a Almont services fee or handling charge (of which you will be notified in advance, and which may vary) and in such event you hereby authorise Almont to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
6.1 The Members and customers acknowledge that the sales contract for the supply of goods and/or services made as a result of a Request is between the Members and customer, and the relevant Supplier and Almont is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
6.2 If a Request for a specific product or service is not available, Almont may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
6.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. Almont shall not be liable for inaccurate or misleading descriptions.
6.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
6.5 The Member or Customer further acknowledges that for goods purchased on his or her behalf by Almont directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Almont is asked to source a specific item for a Member, Almont shall inform the Member or Customer of the refund and exchange policy of that Supplier in advance. Almont shall not be liable to the Member or Customer where a Supplier does not accept the return or exchange of an item. It is also at Almont discretion to impose its own additional restriction and conditions to protect its interests, financial and intellectual.
6.6 It shall be the Members and customers sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
6.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
6.8 Where orders are delivered outside the UK, any applicable customs duties and sales taxes shall not be refundable through Almont. It shall be the Members and customers sole responsibility to recover such monies. Almont shall have no liability for any items held by any customs or border agency.
6.9 In the case of premium courier services, if the Member or customer is not at the specified Delivery address to receive their Order at the scheduled time, the Member or Customer may incur further charges for subsequent attempts to re-deliver the goods.
7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Almont shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
7.2 Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
7.3 When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorise Almont to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Almont shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Almont acts in accordance with the instructions issued by you in relation thereof.
7.4 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
7.5 If Almont's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or Customer or failure by the Member or Customer to perform any relevant obligation (Member/Customer Default):
(a) Almont shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member or Customer remedies the Member/Customer Default, and to rely on the Member/Customr Default to relieve it from the performance of any of its obligations to the extent the Member/Customer Default prevents or delays Almont's performance of any of its obligations;
(b) Almont shall not be liable for any costs or losses sustained or incurred by the Member or Customer arising directly or indirectly from Almont's failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the Member or Customer shall reimburse Almont on written demand for any costs or losses sustained or incurred by Almont arising directly or indirectly from the Member/Customer Default.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude Almont's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) Almont shall not be liable to the Member or Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership and or doing business with Almont ; and
(b) Almont's total liability to a Member or a Customer in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member's annual Membership Fee.
8.3 Any contract for the supply of products or services is made with the relevant Supplier only. Almont acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
8.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. Almont hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Almont.
8.5 Almont shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member/Customer Default.
8.6 Almont shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Almont's obligations in relation to the Services, if the delay or failure was due to any cause beyond Almont's reasonable control.
8.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.8 This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
9.1 These Conditions shall take effect and be binding upon the Member or Customer and Almont upon acceptance by Almont of your Membership application and or any enquiry or any person`s request. These Conditions shall be applicable for the duration of your Membership or any person`s request and shall only cease to have effect upon the expiry or termination of your Membership or the request. You agree that your only rights and remedies under these Conditions shall be against Almont and no other entity.
10.1Privacy and Data Protection
10.2 Assignment and subcontracting:
(a) Almont may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
(b) The Member or Customer shall not, without the prior written consent of Almont, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
(a) A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
(b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.5 Variation: Almont may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Almont Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
10.6 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.7 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
10.8 Governing law and jurisdiction: These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.