1.1 In these terms and conditions the following words shall have the meanings set out below: Booking Form means the series of pages to purchase bookings within the Hideaway Website; Contract means any contract for the purchase of bookings made between you and Hideaway; Confirmation means: a) (where you are purchasing Online), an email constituting acceptance of your offer to purchase a booking, or bookings, which is to be sent to you by Hideaway and which shall set out the following details: (i) details of all bookings purchased, including the event, date and time; and (ii) the Contract price; b) (when you are purchasing otherwise than Online); Reasonable Control means without limitation, the following: (i) acts of God, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; (ii) force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commotion; and(iii) power failure and failure of sound or lighting equipment. Booking(s) means booking(s) to gain admission to Hideaway for one, or more, person(s). Website and Online are references to the Hideaway's Website.
1.2 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
2. Our contract with you
2.1 These terms and conditions govern all Contracts whether made Online or otherwise in any manner.
2.2 Your Contract with Hideaway shall be processed and entered into as follows:
2.2.1 The completion by you of the Booking Form (which shall include, for the avoidance of doubt, the provision of your credit or debit card details) shall constitute an offer by you to purchase bookings subject to these terms and conditions;
2.2.2 Upon electronic receipt of the Booking Form, Hideaway will check that you have correctly completed all parts of the Booking Form and confirm with your bank or credit card provider that you have sufficient funds to cover the total cost of the booking. Upon confirmation, Hideaway will then charge or debit your credit card or debit card accordingly and send you a Confirmation which shall constitute the Hideaway's acceptance of your booking. If Hideaway receives a prompt electronic notification that the Confirmation was not delivered successfully, then Hideaway will use reasonable endeavours to notify you of your booking by other means.
2.3 Your booking cannot be accepted until payment in full for the bookings ordered has been received at which time a legally binding agreement on the terms set out herein will become effective.
2.4 The prices and availability of the bookings are specified on the Hideaway's Website. These details are based on information available to the Club, however, Hideaway is not obliged to conclude any Contract.
2.5 You are entirely responsible for entering your details correctly onto the Booking Form. You represent and warrant that all details supplied by you are true and accurate. If there are any changes to your details once your booking is concluded then it is your responsibility to inform Hideaway promptly. Since different events, performances or artists ("Events") may all have the same title it is your responsibility to satisfy yourself that the specific Events for which you purchase bookings is what you do wish to purchase.
2.6 Where a person makes a booking on behalf of another party, that person accepts these terms and conditions on behalf of all parties for whom he makes a booking and is personally liable and responsible for all payments due from such parties in respect of such bookings, including all bills incurred for food and drink by all such parties attending the booking (see also clause 4.3).
2.7 Booking services with Hideaway are only available to persons who are at least 18 years of age. By submitting a Booking Form you represent, warrant and confirm to Hideaway that:
2.7.1 you have read, understood and agree to be bound by this Agreement; and
2.7.2 you are at least 18 years old, either making a booking for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian making a booking for the benefit of your child, please be aware that you are fully responsible for him or her including all legal liability that he or she may incur.If you do not agree to (or cannot comply with) any of these terms and conditions, do not tick the acceptance box and do not attempt to make any booking.
2.8 Hideaway reserves the right in its sole discretion to place restrictions on the number of any bookings ordered in respect of any purchaser or overall (see also clause 4.2) for whatever reason, including (but not limited to) health and safety and licensing requirements
2.9 It is your responsibility to check that the bookings issued to you reflect what you wish to order. You must notify us immediately of any perceived inaccuracy, in default of which you shall be deemed to confirm that the bookings do reflect what you wish to order.
2.10 Subject always to the other terms and conditions, a seat for musical performances is only guaranteed for bookings if a set menu meal purchase at the club in respect of each such attendee of the booking is acknowledged at the time of the booking. The requirement to purchase a set menu meal does not apply to comedy bookings at this time. This is subject to change at any time.
3.1 The price of all bookings displayed on the Hideaway's Website are inclusive of VAT and credit card processing charges.
4. Terms of Payment
4.1 All bookings must be paid for in full at the time of booking. Bookings shall be made in advance and paid by credit/debit card: Online, by phone on: 020 8835 7070 or by email. Opening hours for telephone or email bookings are 9am-5pm Monday to Friday. Bookings made by email should be sent to [email protected].
4.2 The maximum number of bookings which can be booked in a single booking Online is ten. Bookings for more than ten attendees can be made by phone or email.
4.3 If the bookings are being paid for with a third party credit/debit card you must provide Hideaway with written authorisation from the card holder before entering into any Contract.
5. Alterations and Cancellations
5.1 Hideaway does not permit bookings to be refunded after purchase, except where a performance has been cancelled or abandoned when less than half the performance has taken place due to any factors which are beyond the Hideaway's Reasonable Control. Where monies are refunded, such refunds are limited to the face value of the bookings purchased and shall not include any booking fee or any postage [or credit card charges]. If any refunds should be agreed owing to purchase errors, they are subject to the deduction of a £2.50 handling fee per ticket.
5.2 All bookings are sold subject to the Hideaway's right to make any alterations to the advertised program, timings, menu and prices (except in respect of the bookings sold already) without notice or any other arrangements advertised on the Hideaway's Website or elsewhere, which alterations are rendered necessary in our sole discretion by an unavoidable cause.
6. Liabilities of the Club
6.1 Subject to Clause 6.3 below, Hideaway will only be liable to you for direct losses arising as a result of: (i) a breach of these terms and conditions by the Club; and (ii) any fraudulent statement or negligent act by Hideaway arising under or in connection with the Contract.
6.2 The Hideaway's total liability under clause 6.1 above shall be limited to the total face value of the bookings of the claimant.
6.3 Nothing in this Clause 6 or these terms and conditions excludes or limits any liability of Hideaway for death or personal injury attributable to the Club.
6.4 Except as provided in clause 5.1, Hideaway will not be liable in any way if an event or performance is abandoned after more than half of it has taken place due to any factors which are beyond the Hideaway's Reasonable Control.
6.5 Hideaway will not be liable for any losses or damage incurred or suffered by you in connection with your use of the Hideaway's Website, for any delay in using or your inability to use the Website, for any information or bookings obtained through the Website or for any material posted to the Website by Hideaway or by users of the Website.
8. 8. Website Use
8.1 The Hideaway's Website is for your own personal and non-commercial use at your sole risk. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Website without prior written consent from the Club.
8.2 All contents of the Website, including any software, are protected by intellectual property rights and other related rights. No part of the Website may be reproduced in any form (electronically or otherwise) without the prior consent of Hideaway other than temporarily in the course of using the Hideaway's booking service.
8.3 You are not permitted to link to or use all or any part of the Hideaway's Website for any reason which is unlawful, defamatory, harmful, obscene or objectionable and, in particular, you are not permitted to transmit anything which, in the Hideaway's opinion, harms its business or in any way offends other users or persons.
8.4 You are also not permitted to alter the Hideaway's Website in any way or post onto or transmit to the Hideaway's Website any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.
8.5 Hideaway reserves the right to refuse, or to remove, anything which is transmitted via or posted on the Hideaway's Website and which, in the Hideaway's opinion, is objectionable or does not comply with these terms and conditions. Hideaway shall not in any way be liable for such actions.
8.6 Without limitation, Hideaway may record, preserve, trace and disclose anything which has been transmitted to, from or via the Hideaway's Website, where required by law or where Hideaway is acting in good faith; and in all cases you hereby agree to the same.
9.1 The Website is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose and any warranty of non-infringement. Artists do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Website with respect to performance, accuracy, reliability, security, capability or otherwise. You will not hold us or artists responsible for any damages that result from you accessing (including any software or systems you use to access) the service or using the Website.
9.2 It is your sole responsibility to ensure that your system(s) will function correctly with this Website.
9.3 Under no circumstances shall we be liable for any unauthorised use of the Website.
10. Links to Third Party Sites
10.1 The Hideaway's Website may contain hyperlinks to Websites operated by parties other than the Club. The operation of such Websites is outside the Hideaway's control and you proceed at your own risk. Hideaway does not endorse or sponsor and is not liable for the products, services or content you access through any linked site (see also clause 13.8 of Privacy Statement).
11. Data Protection
12. 12. Entire Agreement
12.1 It is the intention of Hideaway that all terms of the Contract between Hideaway and you are contained in these terms and conditions. If you wish to rely on any variation of these terms, you must ensure that such variation is in writing and signed by you and by a duly authorised signatory on behalf of Hideaway before any Contract is made.
13.1 If any part of these terms and conditions are not enforceable then such unenforceability will not affect the enforceability of any other part and the unenforceable part shall be severed from the Contract and replaced with enforceable terms and conditions which most nearly give effect to the intentions of the Parties.
14. Safety, Admission and Enjoyment
14.1 Without prejudice to the foregoing, Hideaway reserves the right to refuse admission to, and may request any customer to leave (taking any such appropriate action which may be reasonably necessary to enforce this right), before or during any performance if it is necessary to do so. Hideaway may also, on certain occasions, have to conduct security searches to ensure the safety of patrons, staff and/or property.
14.2 Hideaway cannot permit any unconsumed alcohol to be brought into the premises by a patron.
14.3 Mobile phones, pagers and watches must be silenced before entering Hideaway building and remain so whilst present in Hideaway building.
14.4 To be admitted to Hideaway building as a member, you must be in possession of a valid membership card.
14.5 Use of cameras, video or recording equipment is strictly forbidden except where prior permission has been given.
14.6 Bags (except ladies' handbags), cases, umbrellas and coats must be checked into the cloakroom before entering main room
14.7 Smoking is not permitted in any part of the Hideaway building.
15. Third Party Rights
15.1 A Contract between us is only for the benefit of you and us, and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to a Contract , these terms and conditions or otherwise.
16. Governing Law
16.1 These terms and conditions and any Contract concluded incorporating these terms and conditions shall be governed by English Law and all disputes shall be submitted to the non-exclusive jurisdiction of the English Courts.