TGM SNOWSPORTS LIMITED – TERMS & CONDITIONS OF BOOKING B2B
Applicable to Schools, Colleges, Universities, Groups & Corporate Clients
1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Booking: means the booking made by the Customer in accordance with clause 2 and which takes the form of a contractual offer.
Booking Period: has the meaning given in clause 2.2.
Booking Party: all individual members of the Customer’s party who go on the Holiday in accordance with this Contract.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date: has the meaning given in clause 2.4.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.4.
Confirmation Letter: the document issued by TGM to the Lead Contact which confirms details of the confirmed Booking.
Contract: the contract between TGM and the Customer for the supply of Services in accordance with these Conditions.
Customer: the school, college, trust, body, company, firm or other party who purchases Services from TGM.
Customer Default: has the meaning set out in clause 5.2
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Deposit: the sum of money, as confirmed in the Confirmation Letter, payable by the Customer upon formation of the Contract, or at such other time as expressly agreed between the parties, in order to secure the booking of the Holiday.
Force Majeure Event: any circumstance not within TGM’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; 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; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; interruption or failure of utility service; delays at ports, airports, train stations or coach stations; airspace closures; adverse weather conditions; an advisory by the Foreign, Commonwealth and Development Office against travel to a particular destination and any other government restrictions on travel.
Holiday: the trip that is the subject of the Confirmation Letter.
Lead Contact: the individual with whom TGM shall communicate on behalf of the Customer.
Loss: means actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements, and Losses shall be construed accordingly.
Payment Plan: the agreed payment plan set out in the Confirmation Letter in respect of the Price, comprising of the Staged Payments.
Personal Data: all that personal data falling within the meaning given in the Data Protection Legislation disclosed to TGM relating to the Booking Party.
Price: the price of the Holiday, as confirmed in the Confirmation Letter and as amended from time to time in accordance with these Conditions.
Quotation: the document issued by TGM to the Lead Contact comprising details of the proposed quote for the Services.
Services: the Holiday, including the services supplied by TGM to the Customer for the Holiday, as confirmed in the Confirmation Letter.
Staged Payments: the payments made towards the Price at stages between the time of the Booking and the Holiday, as detailed within the Payment Plan or as otherwise agreed in writing between the parties.
TGM: TGM Snowsports Limited, a company registered in England with company number 05043991 and whose registered address is 35 St Davids Road South, St Annes On Sea, Lytham St Annes, Lancashire, FY8 1TJ.
VAT: has the meaning given in clause 6.5.
1.2 Interpretation:
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes fax and email.
(d) A reference to parties shall mean TGM and the Customer.
1.3 The Customer agrees and acknowledges that it is transacting with TGM in a business to business capacity and that as such the Holiday is not classified as a package holiday within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018..
2. Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Provided always that TGM may withdraw or otherwise amend the Quotation at its absolute discretion, where applicable the Quotation shall be valid for 28 days from the date of issue (Booking Period) unless otherwise agreed in writing between the parties. If the Customer accepts the position set out in the Quotation, it shall be required to make a Booking within the Booking Period.
2.3 The Booking constitutes an offer by the Customer to purchase the Services in accordance with these Conditions and shall not incorporate any other terms and conditions beyond those set out in the Contract. The Customer is responsible for ensuring and warrants that the terms outlined in the Quotation and the Booking are complete and accurate in every respect.
2.4 TGM may reject the Booking at its absolute discretion and for any reason whatsoever and the Booking shall only be deemed to be accepted when TGM’s authorised representative issues a Confirmation Letter to the Lead Contact, at which point the Contract shall come into existence (Commencement Date).
2.5 Any descriptive matter or advertising issued by TGM, and any descriptions or illustrations contained in TGM’s advertising material are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
3. The Lead Contact
3.1 The Customer warrants and undertakes that the Lead Contact is:
(a) an authorised representative of the Customer, acting with authority on the Customer’s behalf to enter into the Contract; and
(b) at least 18 years old on the date on which the Booking is made.
3.2 TGM shall deal only with the Lead Contact in all subsequent correspondence in respect of the Services.
3.3 If the identity of the Lead Contact shall change at any time between the Commencement Date and the end of the Holiday, written notice must be provided to TGM of their details, whereupon the Customer shall be deemed to have repeated the warranties set out in clause 3.1 in respect of the replacement Lead Contact.
3.4 The Lead Contact is responsible for ensuring the accuracy of all information supplied by the Customer under the Contract and the Customer warrants that such information will be true, complete and accordance.
4. Supply of Services by TGM
4.1 TGM reserves the right to amend the Services outlined in the Confirmation Letter if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and TGM shall notify the Customer in any such event. Examples of such amendments include, but are not limited to:
(a) changes to the airline, airport, ferries or coach used for the Holiday;
(b) changes to the departure times of less than 24 hours; and
(c) the change of hotel to one of an equivalent or higher standard as determined in TGM’s absolute discretion.
4.2 TGM reserves the right to make more significant amendments to the Services as outlined in the Confirmation Letter (including cutting short the Holiday) in the event of extraordinary circumstances which are outside of the control of TGM (including but by no means limited to those arising out of or in connection with Force Majeure Events). Further examples include changing the resort area for the whole or a part of a Holiday in the event that in the reasonable opinion of TGM, there is insufficient snow at the resort to enable skiing or snowboarding; where due to strikes, it is not possible to access the resort outlined the Confirmation Letter; or it is not practicable to access the resort outlined in the Confirmation Letter due to adverse road and/or weather conditions for a prolonged period of time. The Customer agrees and acknowledges that in these circumstances:
(a) TGM shall not be liable for any Losses, including refunds for any Services that have not been used or for any price reduction, costs or other expenses that may be incurred as a result;
(b) where the Customer requires the further assistance of TGM, TGM may raise additional charges, payable by the Customer; and
(c) TGM reserves the right to raise additional charges, payable by the Customer, to cover the reasonable costs of the amendments to the Services made in accordance with this clause 4.2.
4.3 TGM warrants to the Customer that the Services will be provided using reasonable care and skill.
5. Customer’s obligations
5.1 The Customer shall:
(a) ensure that any information it provides in relation to the Contract is true, complete and accurate;
(b) co-operate with TGM in all matters relating to the Contract;
(c) comply with any and all requirements and obligations set out in the Confirmation Letter;
(d) provide, at its own cost, TGM with such information and materials as TGM may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date of the Holiday; and
(f) comply with such other reasonable instructions or requirements of TGM notified to it from time to time,
and where required by TGM provide it with evidence of such compliance.
5.2 If TGM’s performance of any of its obligations under this Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, TGM shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays TGM’s performance of any of its obligations;
(b) TGM shall not be liable for any Losses sustained or incurred by the Customer arising directly or indirectly from TGM’s failure or delay to perform any of its obligations as set out in this clause 5.2; and
(c) the Customer shall reimburse TGM on written demand for any Losses sustained or incurred by TGM arising directly or indirectly from the Customer Default.
6. Prices and payment
6.1 The Confirmation Letter shall contain the full Price of the Holiday per person at the time the Contract is entered into.
6.2 The Price under clause 6.1 is provisional and may be altered at any time to take account of additional fees or currency fluctuations, however TGM will at all times use reasonable endeavours to absorb any additional fees or currency fluctuations into the Price provided that where such is not possible, the Customer shall be responsible for paying any additional fees in accordance with this clause 6.
6.3 Should the exchange rate at the time when TGM makes payment to a company based abroad to pay for the Services or part thereof, be greater than 0.95 EUR : 1.00 GBP, a surcharge of £5.00 per 0.1 EUR per member of the Booking Party will be levied on the Price. Any such surcharge(s) will be notified to the Customer as soon as possible.
6.4 TGM shall invoice the Customer in accordance with the Payment Plan and the Customer shall pay each invoice submitted by TGM:
(a) by the deadline as set out in the Payment Plan; and
(b) in full and in cleared funds to a bank account nominated in writing by TGM, and
time for payment shall be of the essence under the Contract.
6.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by TGM to the Customer, the Customer shall, on receipt of a valid VAT invoice from TGM, pay to TGM such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services in accordance with the Payment Plan.
6.6 If the Customer fails to make a payment due to TGM under the Contract by the due date, then, without limiting TGM’s remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.6 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
6.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.8 The Price must be paid by the Customer to TGM no later than 4 weeks prior to the commencement of the Holiday, unless the parties have agreed otherwise in writing.
7. Changes to a Booking by the Customer
7.1 If, after TGM has issued the Confirmation Letter, if the Customer wishes to:
(a) change the arrangements of the Holiday in any way, the Lead Contact must submit a written request to TGM as soon as possible, fully particularising the changes that are sought. TGM will use reasonable endeavours to make those changes but it may not always be possible;
(b) change the quantity of passengers compared with the quantity as per the Confirmation Letter, the Customer must provide written notice of this request to TGM as soon as possible; and
(c) transfer a passenger place on the Booking to another person, who satisfies all the conditions that apply to this Booking, providing always that the Customer gives TGM notice in writing as soon as possible,
provided always that any such change and/or transfer to the Contract under this clause 7.1 is subject to ensuring compliance with existing obligations that have been created under the Contract (such as, for example, complying with the contractual terms of any national or international suppliers in respect of the Holiday) and any regulatory requirements that may affect the change and/or transfer.
7.2 TGM reserve the right, in its sole discretion, to not consider any request for changes under clause 7.1 which are notified to TGM within 14 days of the Holiday.
7.3 Any changes made under clause 7.1 are strictly on the basis that where TGM has incurred or will incur any associated costs and/or Losses, such costs and/or Losses will be borne by the Customer and be payable on receipt of TGM’s invoice for those costs and/or Losses (which shall set out the due date for payment).
7.4 Any change made under clause 7.1(b) at any time which results in the total number of members of the Booking Party being reduced from the number stated on the Confirmation Letter will incur an additional cost, which TGM shall notify to the Customer and is payable by the Customer on receipt of TGM’s invoice for those costs (which shall set out the due date for payment).
7.5 If any or all members of the Booking Party choose to or are otherwise forced to return from the Holiday earlier than in accordance with the Confirmation Letter, the Customer agrees and acknowledges that in these circumstances:
(a) TGM shall not be liable for any Losses, including refunds for any Services that have not been used or for any price reduction, costs or other expenses that may be incurred as a result; and
(b) where the Customer requires the further assistance of TGM, TGM may raise additional charges.
8. Data protection
8.1 TGM shall comply with its data protection obligations as set out in the privacy policy which is available at: https://tgmholidays.com/privacy-policy/ Each party shall comply with its obligations under the Data Protection Legislation.
8.2 The Customer warrants and undertakes to TGM that:
(a) it is entitled to transfer the Personal Data to TGM in accordance with the Data Protection Legislation;
(b) it has had no notice of any claims or complaints in connection with the Data Protection Legislation by data subjects or the ICO in relation to the Personal Data;
(c) it is not aware of any circumstances likely to give rise to breach of any of the Data Protection Legislation in the future through TGM’s processing of the Personal Data or any notice of the types described in clause 8.2(b); and
(d) all data subjects relating to the Personal Data have given their valid written consent and, where required under the Data Protection Legislation, their explicit consent to the disclosure and transfer of their Personal Data by the Customer to TGM and to the processing of their Personal Data by TGM in connection with the Services.
8.3 TGM shall use the Personal Data belonging to members of the Booking Party in order to provide the Services.
9. Limitation of liability
9.1 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Nothing in this clause 9 shall limit the Customer’s payment obligations under the Contract.
9.3 Nothing in these Conditions shall limit or exclude either party’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for either party to exclude or restrict liability.
9.4 Subject to clause 9.3:
(a) TGM shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i) loss of profit;
(ii) loss of goodwill;
(iii) loss of business;
(iv) loss of business opportunity;
(v) loss of anticipated saving;
(vi) loss or corruption of data or information; or
(vii) any indirect, special or consequential Loss,
that arises under or in connection with the Contract; and
(b) TGM’s total liability to the Customer in respect of all other Losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Price paid or payable by the Customer in respect of the Holiday to TGM under the Contract.
9.5 TGM does not accept responsibility for any services which do not form part of the Contract, for example, any additional services or facilities which the hotel or any other supplier agrees to provide to the Customer where the services or facilities are not advertised by TGM and TGM has not agreed to arrange them as part of the Contract.
9.6 This clause 9 shall survive termination of the Contract.
10. Termination and cancellation
10.1 Without affecting any other right or remedy available to it, TGM may terminate the Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days (or such shorter period as may be notified in writing by TGM in the event that the Holiday taking place is contingent on compliance in such shorter period of time) of being notified in writing to do so;
(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;
(d) the Customer’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
(e) the Customer fails to pay any amount due under the Contract on the due date for payment,
and in such circumstances, TGM may retain any monies paid in respect of the Price and any other expenses incurred up to the date of the cancellation.
10.2 If the Customer wishes to terminate the Contract for any reason, it must provide TGM with as much written notice in advance of the Holiday as possible. Without prejudice to any other right or remedy available to it, TGM has sole discretion whether or not to accept the request for termination and the Contract shall only be terminated upon written confirmation of such by TGM.
10.3 If the Contract is terminated in accordance with clause 10.3, TGM shall be entitled to retain the Deposit, any of the Staged Payments made and any other expenses incurred by TGM up to the date of the termination.
10.4 Any Losses suffered or incurred by TGM resulting from or otherwise arising out of the termination of this Contract howsoever arising, will be payable by the Customer.
10.5 Where any cancellation of a member or members of the Booking Party reduces the number of full paying party members below the Booking Party according to the Confirmation Letter, TGM will recalculate these items and re-invoice the Customer accordingly and reserves the right to charge a cancellation fee.
10.6 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
11. Force Majeure
11.1 TGM shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from the occurrence of a Force Majeure Event.
11.2 Where any delay in performance continues for a period of 1 month, TGM may terminate the Contract by giving 1 weeks’ notice to the Customer in writing.
11.3 Where the Contract is terminated in accordance with clause 11.2, the parties agree to enter into negotiations in good faith in order for replacement Services to be performed.
11.4 TGM accepts no liability for any Losses that may be caused to the Customer for any delay or termination under this clause 11.
12. Insurance
12.1 It is a condition of the Contract that from the Commencement Date, the Customer and the Booking Party shall have in place adequate and valid travel insurance in respect of the Holiday from reputable insurance companies no later than the date on which the Holiday commences, such insurance to include coverage for winter sports, emergency medical expenses, personal accident, repatriation, baggage cover, cancellation cover, Covid-19 related issues and incidents, and the occurrence of Force Majeure Events.
12.2 TGM is appointed to act as an appointed representative of Ancile Insurance Group Limited who are authorised and regulated by the Financial Conduct Authority. Where the Customer wishes to obtain the insurance required under clause 12.1 via TGM, please contact TGM or visit https://tgmholidays.com/information-policies/group-insurance/ for further information.
12.3 Upon receipt of notification from TGM in writing, the Customer shall be required to provide TGM with full particulars of any policies of insurance held under this clause 12.
13. Passport, Visa and Health Requirements
13.1 Passport, visa and any other immigration requirements in relation to the Holiday are the sole responsibility of the Customer. TGM accepts no responsibility for any Losses suffered by the Customer in the event that such requirements have not been complied with.
13.2 If any member of the Booking Party has any special requirement, medical problem or disability which may affect the Holiday arrangements of that person, the Customer must inform TGM prior to making the Booking. If TGM or any of the third-party suppliers are unable to properly accommodate the needs of the person concerned, TGM reserves the right to decline their reservation.
13.3 If any member of the Booking Party develops any special requirement, medical problem or disability which may affect the Holiday arrangements of that person after the Confirmation Letter is issued, the Customer must inform TGM immediately. Clause 7 of these Conditions shall apply in such circumstances.
13.4 TGM will not be liable for any loss arising from the Customer’s failure to inform TGM about any medical problem, disability or special need which might affect an individual’s enjoyment or participation on Holiday.
14. Behaviour during the Holiday
14.1 The Customer accepts full responsibility for any damage or Loss caused by any member of the Booking Party during the Holiday. Full payment for any such damage or Loss (reasonably estimated if not precisely known) must be made directly to the accommodation owner, manager of any other supplier, TGM, or any other supplier of services to whom such Loss is caused as soon as possible and in any event before the conclusion of the Holiday, unless an alternative arrangement for payment for any damage or Loss is agreed in writing between the parties.
14.2 The Customer accepts responsibility for the good conduct of all members of the Booking Party during the Holiday and warrants that the correct ratio of responsible adults will be on active duty at all times to ensure that all participants behave responsibly.
14.3 If in TGM’s reasonable opinion or in the reasonable opinion of any other person in authority (such as, for example, TGM’s suppliers), any member of the Booking Party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, TGM shall be entitled, without prior notice, to terminate the Holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service and TGM will have no further responsibility toward such person(s) or the Customer for any Loss caused. For the avoidance of doubt, no refunds will be made under this clause 14.3.
15. General
15.1 Assignment and other dealings.
(a) TGM may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of TGM.
15.2 Confidentiality.
(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 15.2(b).
(b) Each party may disclose the other party’s confidential information:
(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 15.2; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
15.3 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
15.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
15.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 15.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified on the Confirmation Letter.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 15.7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a Business Day.
(c) This clause 15.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
15.8 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
15.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
15.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
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TGM Holidays Terms & Conditions B2B
V7 revised 08/12/2022