Terms and Conditions for Cooks

  1. These terms

    1. The website www.cheffo.org and our associated web and mobile applications (“Platform”) is an online software-as-a-service platform which allows home cooks, personal chefs and private chefs (“Chefs” or “you”) to manage their services and business and we may enable individuals seeking your services (“Customers”) to send you a booking request including for regular or one-off provision of in-home private chef services including for private events and dinner parties or food delivery services.
    2. The Platform is owned and operated by Cheffo Ltd (“Cheffo”, “we”, “us”, or “our”), a limited company registered in England under company number 13370263. Our registered office address is 7 Bell Yard, London, WC2A 2JR, England. If you have a query or would like to speak to us about these terms, please contact us by email at info@cheffo.org.
    3. These terms and conditions apply to all booking services (“Services”) provided or arranged by us to or for Chefs. These terms do not apply to booking services we provide to Customers or to the private catering services provided by Chefs themselves (“Chef Services”).
    4. The hire of Chef Services by a Customer is dealt with under the Chef Hire Terms and those additional terms and conditions set out by the Chef in their listing (“Chef Hire Agreement”).
    5. We will not be a party to any agreement relating to the Chef Services or the hire of a Chef by a Customer. We do not employ, control or manage any Chefs listed on the Platform our services to Customers are limited to booking services only.
    6. These terms and conditions will apply at any time when you use the Platform or the Services. By creating an account on the Platform you accept these terms and conditions and they will apply to the agreement between you and us (“Agreement”).
    7. These terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Platform and the terms and conditions on the Platform at the time a booking is confirmed will be the terms which apply. You may terminate this Agreement if you do not wish to be bound by any such amendments (but you must honour any pre-existing Bookings with Customers) but by continuing to use our Platform or Services you will be deemed to have accepted the new terms.

  2. Creating your account and listing

    1. To use our Services, you will be required to register and create an account and listing on the Platform.
    2. To create an account you must be at least 18 years of age.
    3. All the information you provide when creating your account and the listing of your Chef Services (“Listing”) must be truthful and accurate. You will be required to create a password and you should take care that your password is protected at all times. The protection of your password is your responsibility and you are solely responsible for the unauthorised use of your password or unauthorised access to your account.
    4. To create an account you will be required to submit specific information about you or your business including your name, email address, telephone number. You will also be required to provide details of the premises at which foods and meals are prepared (if your services are provided outside of a Customer’s home) (“Premises”).
    5. Please note that your Listing will be publicly available.
    6. As well as your Listing, you will also have a private dashboard to manage your bookings (“Profile”). Your Profile is private and will not be visible to Customers or any users of the Platform. Customers may be able to communicate with you via the Platform using details provided in your Listing.
    7. To market your Chef Services, you will be required to create a Listing that includes:
      1. any relevant information relating to your background and experience;
      2. a description (which may include photographs) of your culinary skills, the Chef Services you offer and types of events you cater for;
      3. your availability and details of the area within which you provide the Chef Services or would be willing to travel;
      4. the price for your Chef Services;
      5. any other information or terms and conditions that apply to your bookings that Customers should be made aware of.
    8. You must provide us with any other information relating to you or your Chef Services as we may reasonably request at any time.
    9. You are responsible for the accuracy of all information in your Listing and any information you provide to us in relation to it. You will be liable to the Customer under the Chef Hire Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Customer as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.
    10. We will review the Listing and we reserve the right to approve, decline or amend the Listing. In the event that we decide to decline or amend the Listing we will contact you with our reasons for declining the Listing or with our suggested amendments to the Listing.
    11. By creating an account and Listing on the Platform you confirm you have the right to work in the UK and agree that we may request proof or evidence of the same. We reserve the right to undertake or request that you obtain a basic check with the Disclosure and Barring Service (DBS) in order to use the Platform. We may request references or proof of qualifications as part of the sign-up process and reserve the right to verify any references provided or otherwise verify your identity before we approve your Listing.
    12. Once a Listing is approved it will be posted to the Platform and will be publicly available to all users of the Platform.
    13. We reserve the right to conduct a physical inspection of the Premises at any time on such notice as we consider reasonable in the circumstances. We may remove your Listing if the Premises do not conform to reasonable standards or we believe you to be in breach of your obligations under these terms.
    14. In addition to marketing the Listing on the Platform, we will be entitled to display details of the Listing or otherwise market the Listing on all usual social media platforms, third party websites or send promotional emails to Customers or other third parties and provide such information about the Listing as we may deem appropriate to promote the Listing or to promote Cheffo.
    15. The Chef Services shall be provided directly by the Chef to the Customer on an ad-hoc and self-employed basis.
    16. You may list bookings for your Chef Services to take place with any frequency you or your customer would like. Each occurrence of such a recurring event will be treated as a separate “Booking” for the purposes of these terms.

  3. Booking process

    1. A booking for the hire of your Chef Services (“Booking”) will be dealt with in accordance with these terms.
    2. You agree that we may accept Bookings from Customers and that any Booking will be honoured.
    3. To enquire about your Chef Services, a Customer can seek to contact you directly using information made available in your Listing.
    4. A Customer can request a Booking through the Platform at any time. Please note that once a booking is requested we will send an email to you to confirm the request (“Acknowledgement Email”). Please note that an Acknowledgement Email does not constitute a booking and no binding agreement exists for the provision of Chef Services at this stage.
    5. If you accept the Booking then Cheffo will confirm the Booking by sending you and the Customer a confirmation email (“Confirmation Email”). The Platform may allow Customers to make Bookings with the Chef immediately based on your availability as set out in your Listing, and such Bookings shall be confirmed immediately in which case you will receive a Confirmation Email immediately after receiving an Acknowledgement Email or instead of.
    6. At the time we send the Confirmation Email a binding agreement will be formed between you and the Customer. The agreement will be on the standard terms set out in the Chef Hire Terms and will only include such additional terms, requirements, restrictions or rules relating to your Chef Services as specified in your Listing and any other details relating to the Booking agreed between you and the Customer, which will together form the Chef Hire Agreement. We are not a party to this Agreement and we will not be responsible to you for any breach on the part of the Customer.
    7. You are entitled to cancel a Booking in accordance with the Chef Hire Agreement.
    8. You may not incorporate any further additional legal or substantial terms to the Chef Hire Agreement other than those clearly set out in the Listing (although you can confirm details relating to the Booking like ingredients, menu adjustments, access etc.). You agree not to propose any additional legal or substantial terms or amendments to the Chef Hire Agreement after a Booking has been made without our consent or (where we deem necessary) the consent of the Customer. The Customer is not obliged to accept any further terms once we have confirmed a Booking on your behalf.
    9. You agree that we may issue you with invoices and receipts in electronic format including by e-mail.
    10. From time to time we may collect payment on your behalf from a Customer which we either have to repay to a Customer’s credit card provider or which is deducted from a retention we have with our credit card processors (“Chargeback”). If we are subject to a Chargeback in respect of a Booking you agree that:
      1. we will not be under any obligation to make payment to you of any amount which is the subject of a Chargeback and any claim you have for non-payment of the Customer’s charges will be against the Customer (and we will not be obliged to pursue such claim); and
      2. if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback.
    11. In the event of a Chargeback in relation to an amount we have already paid to you we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Customers for future Bookings until we have been reimbursed in full and may use any credit or debit card details you have provided for such purposes.
    12. Cheffo provides booking services to Customers through a booking platform. Cheffo also assists Chefs with the listing of their Chef Services and booking. Cheffo does not accept responsibility for Bookings other than as set out in this Agreement. We are not liable to any Customers in relation to the Chef Services for which you will be liable.
    13. We are not liable to you for the acts or omissions of Customers. Our only obligation is to provide a booking platform for Customers and Chefs. The Chef Hire Agreement applies between you and the Customer. We are not party to that agreement and we will not be liable to you, the Customer or any third party for any breach of the Chef Hire Agreement by either party.

  4. Cancellation process

    1. Either you, the Chef, or the Customer may with the other party’s consent change the time, date or other details of the Booking but any such changes must be agreed between the Chef and the Customer directly.
    2. You agree to use all reasonable endeavours to honour all Bookings. If you need to cancel a Booking you will need to discuss this directly with the Customer, and subject to your discretion agree any refunds directly with the Customer.
    3. Once we collect payment we will transfer funds to you immediately. If a Booking is cancelled by you, or you agree to a cancellation or refund with the Customer, then you agree to refund the Customer.
    4. We do not accept any responsibility for any cancelled Bookings and will not be liable for any fees, costs, expenses, or losses incurred by either a Customer or a Chef as a result of a cancelled Booking.

  5. Your Obligations

    1. You agree and acknowledge that accepting a booking to provide personal Chef Services (as with many activities) will carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume reasonable risks arising out of your access to and use of the Platform and accepting a booking to provide Chef Services, including that food and beverages prepared by you will be for human consumption and that you may be entering the Customer’s home. It is your responsibility to determine whether a booking and a customer is suitable for you.
    2. You must:
      1. honour all bookings with Customers;
      2. use quality and fresh ingredients and comply with all applicable laws, regulations and industry standards in the provision of Chef Services including but not limited to the handling, preparation, storing and labelling of foods and registration rules relating to food businesses;
      3. comply with any inspections or requests of the regulator / local authority;
      4. ensure that you adopt the highest standards of food hygiene in the provision of the Chef Services;
      5. provide all Chef Services with reasonable skill and care and in accordance with the terms of the Booking;
      6. provide the Chef Services in line with the details presented on the Listing;
      7. ensure that you have verified any food intolerances, allergies and dietary requirements for any person consuming food prepared by you; notify Customers of any allergens used in any food prepared by you which may for standard recipes include specifying the relevant information in the recipe (whether or not you have been notified of any specific allergies) please note that allergens include but are not limited to: cereals containing gluten and their products; crustacea and their products; egg and egg products; fish and fish products; milk and milk products; peanuts and peanut products; tree nuts and tree nut products;
      8. ensure that all information contained in your personal account details, on your Profile and any of your Listings that is provided to us for inclusion on the Platform is true and accurate in all respects and could not in any way be construed as misleading to us or a Customer;
      9. inform Customers in advance whether any specialist equipment is needed to deliver the Chef Services;
      10. promptly inform the Customer of any changes or amendments to a Booking;
      11. deal with all Customers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
      12. deal with all queries from Customers relating to a Listing or Booking in a prompt and satisfactory manner;
      13. provide prompt and honest feedback, reviews, ratings and/or rankings about Customers when reasonably requested by us; and
      14. use your best endeavours to settle any disputes that may arise during a booking including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable.
    3. You agree not to arrange any booking with Customers or to agree to extend or renew any bookings with Customers or take or request payments other than via the Platform.

  6. Complaints and Disputes

    1. You agree that if any dispute arises concerning a Booking you will attempt to resolve such dispute in the first instance by communicating directly with the Customer. In the event a dispute cannot be resolved directly, you are free to pursue legal action (at your own cost) in order to resolve the dispute. We do not accept any responsibility for resolving any disputes between a Chef and a Customer.
    2. You may raise a dispute in relation to a Customer. We may (at our discretion) seek to resolve the dispute and we may request that a Customer makes a further payment to you but we will not be responsible for taking any enforcement action against a Customer.
    3. You agree that we may disclose information about you to a Customer in the context of a Customer wishing to enforce their rights against you.

  7. Termination of this Agreement

    1. Either you or we may terminate this Agreement at any time but upon termination you agree to honour any outstanding Bookings. From the date of termination we will deactivate your account and Profile and remove your Listing from the Platform. We will not accept any new enquiries or Bookings in respect of your Listing but the agreement will continue in respect of any outstanding Bookings.
    2. In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
    3. If (i) you are in breach of any term of this Agreement, any Chef Hire Agreement, our policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) we believe it is necessary to protect Cheffo, its reputation or goodwill, its customers, community or third parties; we may, with or without prior notice:
      1. Close, suspend or limit your access to or use of the Platform and/or your account;
      2. suspend or remove your profile, reviews, or other content;
      3. cancel pending or confirmed bookings; or
      4. suspend or revoke any special status associated with your account.
    4. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, liability and damage).

  8. Our Liability

    1. We will not be liable to you in the event of a claim by a Customer against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Customer in such circumstances, unless that liability has arisen due to our negligence.
    2. We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any of the Services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
    3. Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 8.5 below) is capped at an amount equal to the total Booking Fees paid to us by Customers in relation to your Chef Services in the 6 months prior to the date of claim by you.
    4. Save in the case of fraud or wilful concealment, no claim may be brought against us by you more than 6 months following the date on which the Booking to which such claim relates ended.
    5. Nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents, or self-employed contractors or for fraud or fraudulent misrepresentation.

  9. Data Protection

    1. We agree to comply with our obligations under all applicable laws and regulations relating to data protection and privacy as may be applicable from time to time, which at the date of these terms means the Data Protection Act 1998 and the European Union Regulation (EU) 2016/679 (GDPR) as such regulation is adopted into the law of the United Kingdom pursuant to the European Union (Withdrawal Act) 2018 and as amended by the Data Protection Act 2018, and any successor regulation or law (“Data Protection Legislation”).
    2. For further details on how we comply with Data Protection Legislation please refer to our Privacy Notice.

  10. Indemnity

    1. You agree to indemnify us for any costs, claims, damages, liabilities or expenses we suffer or incur arising out of or in connection with:
      1. Any breach by you of these terms, the Chef Hire Agreement and any other agreement between you and us or between you and the Customer;
      2. Any claim made by a Customer or any third party against us in relation to any Chef Services provided by you to a Customer; or
      3. Any claim made by a Customer or any third party against us in relation to any acts or omissions by you in the course of providing Chef Services or otherwise in relation to a Booking or the provision of Chef Services;
      4. Any failure by you to provide Chef Services in accordance with these terms and the terms of the Chef Hire Agreement.

  11. General

    1. Each of the parties warrants its power to enter into the Agreement and that it has obtained all necessary approvals to do so.
    2. By entering into this Agreement you also agree to our Privacy Notice which is available via the Platform.
    3. Any notice to be served on us shall be sent by pre-paid recorded delivery, registered post or email via the contact details provided at the beginning of these terms or such other physical or electronic address as may be notified by one party to the other.
    4. Any notice to be served on you shall be sent by pre-paid recorded delivery, registered post or email to the address of the relevant party shown in the relevant party’s profile or such other physical or electronic address as may be notified by one party to the other.
    5. No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    6. We will be entitled to assign or sub-contract our obligations under this Agreement.
    7. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
    8. Each party acknowledges that the Agreement, including the Privacy Notice, contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.
    9. You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
    10. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
    11. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
    12. If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
    13. Failure by us to enforce at any time or for any period any one or more of the terms of conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms of this Agreement.
    14. This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. You agree to submit to the exclusive jurisdiction of the English courts.

COOK HIRE TERMS

  1. These terms

    1. The Cook Services that are listed on the Platform are subject to the following terms and conditions that apply between Cooks and Customers.
    2. In these terms, Cook Services means the personal catering services of the Cooks including for regular or one-off provision of in-home private chef services including for private events and dinner parties or food delivery or collection services. Cooks means the home cooks, personal chefs and private chefs listing their Cook Services on the Platform and Customers means the individuals seeking, and the recipients of, the Cook Services.
    3. The Platform is owned and operated by Cheffo Ltd (“Cheffo”, “us”, or “our”), a limited company registered in England under company number 13370263. Our registered office address is 7 Bell Yard, London, WC2A 2JR, England. If you have a query or would like to speak to us about these terms, please contact us by email at info@cheffo.org.
    4. These terms and conditions, together with those additional terms and conditions as set out by the Cook in their listing and any details of the booking agreed between both parties, constitute the agreement for the hiring of the Cook Services (“Agreement”). This Agreement applies between Cooks and Customers only. Cheffo is not a party or subject to this Agreement and is not responsible for compliance with it. Please refer to our Cook Terms and Customer Terms for details of the terms and conditions which apply between Cheffo, Cooks and Customers.
    5. Each Customer agrees that they are responsible for ensuring compliance with this Agreement by any person who receives Cook Services or attends a booking for Cook Services. Cooks similarly agree that they are responsible for ensuring that any person providing the Cook Services complies with the terms of this Agreement.

  2. Licence and Cook Services

    1. Where a booking for Cook Services (“Booking”) involves a Cook attending a Customer’s home or other location outside the Cook’s premises, the Cook shall be granted a licence to attend such location for the purposes of providing their Cook Services in accordance with the Booking.
    2. The Cook warrants and agrees that the Cook Services will be provided by the named Cook only, unless the Customer and the Cook have specifically agreed otherwise in writing.

  3. Bookings

    1. The Cook and Customer agree with each other to make all Bookings (including any recurring or subscription plan for Bookings), or any cancellations or variations to Bookings, through the Cheffo Platform and acknowledge that Cheffo will handle the booking process.
    2. The full amount due from the Customer in respect of a Booking will be specified in the Cook’s listing or otherwise on the Platform.
    3. Payment will be made to the Cook, less Cheffo’s service fees immediately.

  4. Cancellation

    1. Cooks and Customers agree to all reasonable endeavours to honour all Bookings.
    2. Either the Cook, or the Customer may with the other party’s consent change the time, date or other details of the Booking but any such changes must be agreed between the Cook and the Customer directly.
    3. If the Cook or Customer needs to cancel a Booking they will need to discuss this directly with each other, and subject to mutual agreement agree any refunds directly with each other.

  5. Cook obligations

    1. The Cook agrees that it has the necessary skills and competence to provide the Cook Services and will provide the Cook Services with reasonable skill, care and diligence in accordance with the terms of the Booking.
    2. Each Booking is personal to the Cook and may not be transferred to any other person save with our and the Customer’s prior consent. If anyone other than the Cook attempts to deliver the Cook Services the Customer may refuse to accept the Cook Services and shall be entitled to a full refund.
    3. The Cook agrees to use quality and fresh ingredients and comply with all applicable laws, regulations and industry standards in the provision of the Cook Services including but not limited to the handling, preparation, storing and labelling of foods.
    4. The Cook will notify the Customer (which may be by including the relevant information in the recipe) if any of the following allergens are present or used in any food prepared by the Cook: cereals containing gluten and their products; crustacea and their products; egg and egg products; fish and fish products; milk and milk products; peanuts and peanut products; tree nuts and tree nut products.
    5. The Cook agrees to use reasonable endeavours to comply with the reasonable requests of the Customer and, in particular, where the Customer has identified any dietary requirements, food allergies or intolerances the Cook agrees to remove any such ingredients or allergens from the Customer’s food and will use reasonable endeavours to accommodate the Customer accordingly.
    6. The Cook agrees to inform the Customer in advance whether any specialist equipment is needed to deliver the Cook Services and whether such equipment will be provided by the Cook or the Customer.
    7. The Cook agrees that it will act with courtesy towards the Customer and any other guests attending the Booking and will not deliberately do or omit to do anything which will or is likely to put the Customer or any other guest at risk.
    8. The Cook will act with suitable consideration for the Customer’s property and will not act in any way which is offensive, rude, illegal or which might cause distress to the Customer or others.
    9. The Cook agrees that their listing on the Platform is true, accurate and not misleading. The Cook shall ensure that his/her Cook Services are properly described including with regard to the Cook’s relevant background and experience, his/her culinary skills, the Cook Services offered and the types of events the Cook caters for. The Cook agrees to include any other information in his/her listing that applies to their Bookings that Customers should be made aware of including (but not limited to) the Cook’s cancellation policy (if different to the cancellation policy set out in this Agreement).
    10. The Cook will deal with all queries from Customers relating to their listing or a Booking in a prompt and satisfactory manner.

  6. Customer obligations

    1. The Customer is responsible for its, and any other person receiving the Cook Services or attending a Booking for Cook Services, own safety and must ensure that the Cook is aware of any dietary requirements, food intolerances or allergies in advance for any person who may consume food prepared by the Cook.
    2. Each Booking is personal to the Customer and may not be transferred to any other person save with our and the Cook’s prior consent. If anyone other than the Customer attempts to receive the Cook Services the Cook may refuse to provide the Cook Services (even if that person has the authority of the Customer).
    3. The Customer agrees that they will act with courtesy towards the Cook and any of his/her employees or agents and will assist and cooperate with the Cook in the provision of the Cook Services.
    4. The Customer will not deliberately do or omit to do anything which will or is likely to put the Cook or any of the Cook’s employees or agents at risk.
    5. The Customer will act with suitable consideration for the Cook’s property and will not act in any way which is offensive, rude, illegal or which might cause distress to the Cook or others.
    6. Where a Booking is due to take place at a location outside of the Customer’s own home, the Customer will ensure that it has the necessary consents, approvals and/or licences for the Cook to attend that location to provide the Cook Services.
    7. The Customer agrees to be available at the time and date specified in the Booking to receive the Cook Services at the agreed premises, or to receive food delivery where that forms part of the Booking. If the Customer is not available at the time of the Booking then this will constitute a cancellation and no refund will be provided by the Cook or Cheffo.

  7. Complaints, claims and liability

    1. Any dispute arising between the parties is to be resolved by those parties, each party agrees that Cheffo will not be responsible for resolving disputes.
    2. Each party agrees that if any dispute arises concerning a Booking each party will attempt to resolve such dispute in the first instance by directly communicating with each other at the time of the Booking.
    3. In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to the Courts, external dispute resolution organisations or (where applicable) law enforcement authorities.
    4. Each party agrees that Cheffo may provide certain contact information relating to the other party for the purposes of a party enforcing their rights.
    5. For the avoidance of doubt, this clause 7 is without prejudice to either party’s rights to bring or settle any claim against the other.
    6. Neither party will be liable to the other for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement or any Booking (whether such loss arises as a result of negligence or otherwise).
    7. Nothing in this clause limits or excludes the liability of either party for death or personal injury arising as a result of their negligence or the negligence of their agents.

  8. General

    1. Neither party will be entitled to assign or sub-contract their obligations under these conditions.
    2. Neither party will be liable to the other or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control.
    3. The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision of this Agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in this Agreement are held not to be valid the remaining provisions of these conditions shall remain in full force and effect.
    4. If either party breaches these conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach.
    5. This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. You agree to submit to the exclusive jurisdiction of the English courts.