1. SUPPLY OF SERVICES
Private Services shall supply the Services to the Client in accordance with the Client’s particular Requests, provided that Private Services shall not be required to provide or facilitate the supply of goods and/or services that it deems in violation of applicable laws, standards and/or regulations and which may offend taste and decency in the relevant jurisdiction.
Private Services shall use its reasonable endeavors 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.
Private Services 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 Private Services shall notify the Client in any such event.
Services will be provided in English/Flemish (and in other languages depending on the location of the Private Services office during normal business hours).
You acknowledge that Private Services reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
Telephone calls to Private Services may be monitored or recorded for training and quality control purposes.
Private Services 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.
Restaurants, travel, events, and clubs:
When you use the restaurant booking service you hereby authorize 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.
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.
Private Services reserves the right to deny restaurant requests from Clients if Clients repeatedly fail to honour their bookings or continuously violate cancellation policies.
Admission of Clients to any club premises is at all times at the sole discretion of the club Supplier and Private Services shall have no liability where a Client is refused admission to a club.
Private Services 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 Private Services 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 Private Services in respect of our provision of services to obtain the seats for you. Private Services is not the seller of the tickets and is not responsible for fulfillment of your order.
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. Private Services shall not be able to provide you with any refund or obtain any such refund on your behalf.
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.
Private Services or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that Private Services shall not be liable for any failure by delivery agents to deliver your tickets.
PLACING A REQUEST
Clients may place Requests by telephone (which does not include text messages), or email.
Clients should always contact their primary office in the first instance to manage all Requests (including international Requests).
Private Services, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
If Private Services is unable or not obliged to deal with any Request, it will inform the Client as soon as reasonably practicable.
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.
From time to time the procurement or provision of certain services, products or benefits may incur a Private Services services fee or handling charge (of which you will be notified in advance, and which may vary between Private Services offices) and in such event you hereby authorize Private Services to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
CANCELLATIONS, REFUNDS AND RETURNS
The Client acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Client and the relevant Supplier and that Private Services 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.
If a Request for a specific product or service is not available, Private Services 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.
The relevant Supplier has approved all descriptions of any products, services or Benefits on the Website. Private Services shall not be liable for inaccurate or misleading descriptions.
Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
The Client further acknowledges that for goods purchased on his or her behalf by Private Services 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 Private Services is asked to source a specific item for a Client, Private Services shall inform the Client of the refund and exchange policy of that Supplier in advance. Private Services shall not be liable to the Client where a Supplier does not accept the return or exchange of an item.
It shall be the Client’s 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.
We will inform you when we become aware that a Supplier has processed a refund of an order.
Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through Private Services. It shall be the Client’s sole responsibility to recover such monies. Private Services shall have no liability for any items held by any customs or border agency.
In the case of premium courier services, if the Client is not at the specified Delivery address to receive their Order at the scheduled time, the Client may incur further charges for subsequent attempts to re-deliver the goods.
Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Private Services shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
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.
When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorize Private Services to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Private Services shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Private Services acts in accordance with the instructions issued by you in relation thereof.
You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
If Private Services’ performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
Private Services shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Private Services’ performance of any of its obligations;
Private Services shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Private Services’ failure or delay to perform any of its obligations as set out; and
the Client shall reimburse Private Services on written demand for any costs or losses sustained or incurred by Private Services arising directly or indirectly from the Client Default.
- LIMITATION OF LIABILITY
Nothing in these Conditions shall limit or exclude Private Services’ liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to previous clause 8:
Private Services shall not be liable to the Client, 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 Clients; and
Private Services’ total liability to the Client in respect of all other losses arising under or in connection with their Clients, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Client’s annual Clients Fee (if applicable).
Your contract for the supply of products or services is made with the relevant Supplier only. Private Services acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
You acknowledge that any contract entered into by you with any Supplier is an independent contract. Private Services 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 Private Services.
Private Services 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 Client Default.
Private Services 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 Private Services’ obligations in relation to the Services, if the delay or failure was due to any cause beyond Private Services’ reasonable control.
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.
This clause 8 shall survive termination of these Conditions.
COMMENCEMENT AND TERMINATION
These Conditions shall take effect and be binding upon the Client and Private Services (Belgium).
Limited upon acceptance by Private Services of your participation application. These Conditions shall be applicable for the duration of your participation and shall only cease to have effect upon the expiry or termination of your participation. You agree that your only rights and remedies under these Conditions shall be against Private Services and no other entity.
- Privacy and Data Protection
- Assignment and subcontracting:
- Private Services 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.
- The Client shall not, without the prior written consent of Private Services, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
- 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.
- Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
- 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.
- 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.
- Variation: Private Services 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: Private Services Newsletter, the Website, by Email or by phone. Your continued use of your participation constitutes acceptance of such variations to these Conditions.
- 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.
- Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
- 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, European/Belgian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of EU/Belgium.