SHEARINGS HOLIDAYS
Contract Number: AD HOC 81 for the period MAY - SEPT 2000
Our reference: Caroline Shore Your reference: Katie Smith
The agreement is made between Shearings Holidays Ltd on the one part and Grand
Hotels (hereinafter called supplier) on the other part, who acts as Proprietor,
Lessee/Director/Manager/Agent of the hotel(s) named below and who declares that
he/she has the power and authority to enter into this Agreement. It is agreed as
follows:
1. The supplier shall hold available and at the exclusive disposal of
Shearings Holidays Ltd., upon a procurred allocation basis for the period
specified below, the accommodation indicated at the rates specified below and
upon the terms and Conditions set out overleaf.
2. Shearings Holidays Ltd. agrees that the accommodation should be held
available for it on the basis stated above and shall include the accommodation
in its programmes for the season(s) to which this agreement relates.
ACCOMMODATION CONTRACT
SUPPLIER: ACCOMMODATION:
GRAND HOTELS GRAND, SCARBOROUGH
TOUR REFERENCE: TS
Accommodation services required for up to 46 persons plus driver
Shearings Staff: 1 x single guest room Price: Foc
4 Nights Dinner, Bed & Breakfast arriving Mondays
Comprising Full Breakfast, 3 course Dinner with at least 3 alternatives per
course plus Tea/Coffee
Meal Time: Dinner is to be served between 1900 & 20.30/Breakfast to be served
between 07.30 & 09.00 (unless otherwise specified)
Porterage included foc in and out
ALLOCATION & RELEASE
ALLOCATION PERIOD ROOMTYPE ALLOCATION RELEASE FACILITY DESCRIPTION
- --------------------------------------------------------------------------------
May - Sept: 2000 DBL 07 14 Days Bath or Shower/WC
TWN 15 14 Days Bath or Shower/WC
SGL 05 inc drive foc 14 Days Bath or Shower/WC
TARIFF & SUPPLEMENTS
Basic Price: (POUND)22 pp (26 JUNE) (POUND) 26 pp (11 SEPT)
(POUND)24 pp (02, 30 OCT)
No Single Supplements
ARRIVAL DATES -
26 June, 11 Sept 02, 30 Oct 2000
Rates are shown inclusive of all service charges, local taxes and VAT at 17.5%
Please reserve accommodation/services as detailed above.
I/we accept your reservations as
detailed above and confirm that I/we
acknowledge, and accept fully the
terms and Conditions of this
contract.
Signed /s/ CAROLINE SHORE Signed /s/ K. SMITH
-------------------------- ---------------------------
NAME: Caroline Shore Name: K. Smith
Position Product Manager Date: 19/4/00
DATE: 11/04/00
For and on behalf of Shearings For and on behalf of the supplier:
Miry Lane Wigan WN3 4AG Tel: 01942 244246 Fax: 01942 824978
Web: www.shearingsholidays.co.uk
[LOGO] [LOGO]
Shearings Holidays Ltd Registrated No. 278550 Shearings Holidays (Air) Ltd
Registered No. 3281185 Registered Office Miry Lane Wigan WN3 4AG
CONDITIONS OF CONTRACT
This contract is made between Shearings Holidays Limited (hereinafter referred
to as "Shearings") and the hotel or supplier named overleaf (hereinafter
referred to as "the Supplier") for the supply of accommodation, facilities,
meals and other services specified overleaf.
1. The Supplier agrees to provide and make available for the exclusive use of
Shearings the bedrooms, facilities, meals and other services specified in this
contract ("the Services") during the period and at the price specified herein,
together with such other arrangements as it may be agreed in writing. It is
expressly agreed and understood that Shearings does not guarantee to utilize the
Service and will, subject to the provision set out hereafter, pay only for the
Services actually utilized.
2. The Supplier agrees that in the event of any material change which may affect
the terms (actual or implied) of this contract including withdrawal,
deterioration, whether permanently or temporarily, of facilities/services, or by
reason of overbooking. The Supplier will immediately and without delay inform
Shearings. In the event that such change gives, or would give rise to liability
on the part of Shearings to third parties and/or additional costs to Shearings
then Shearings, shall be entitled to deduct from remittance due to the Supplier
any sums payable by Shearings to any third party in respect of compensation due
to that third party. Further Shearings shall be similary entitled to deduct from
such remittance any sums due from the Supplier to Shearings. In respect of any
outstanding liabilities, orders or judgements whenever and wheresoever and where
ever obtained. Shearings shall be similarly entitled to deduct from such
remittance any additional costs incurred by Shearings in order to preserve its
good name and reputation and in pursuance of such retention Shearings shall at
the time of retention or beforehand give notice to the Supplier of such
retention.
3. The Supplier will ensure that Shearings' clients are not segregated in the
dining room/restaurant or restricted to meal times or allocated table sizes and
seating arrangements other than those applicable to any other guests. Menus will
not be inferior in quality, quantity or choice to that provided to any other
guests on the table d'hote menu.
4. The Supplier agrees that clients of Shearings will not be accommodated (in
any annex or other building outside the main hotel unless otherwise specified
herein or subsequently agreed by the parties or in writing.
5. The Supplier agrees and certifies that it complies fully in all respects
with all national, local and trade statutes, statutory instruments, directions,
rules and regulations relating to hygiene, fire and the general health and
safety of those using the hotel facilities and will produce the relevant
certificates of registration detailed on request from Shearings. The Supplier
further agrees to indemnify Shearings, its servants and agents against any and
all liabilities, losses, damage, costs or expenses incurred by them and arising
directly or indirectly out of any failure on the part of the Supplier, its
servants and agents to comply with any statutes, statutory instruments,
directions, rules and regulations, requirement or codes of practice applicable
in or relating to the Supplier or arising directly or indirectly as a result of
the negligence or willful default of the Supplier, its servants or agents.
Without prejudice to the generality of the foregoing, the Supplier will ensure
that (a) all fire exits are clearly marked and accessible with good emergency
lighting (b) fire extinguishers are readily available on each floor and smoke
alarms are fitted (c) all bedroom doors have printed instructions in English on
what to do in an emergency. The Supplier accepts that failure to comply with the
above may result in the suspension or revocation of all payments by Shearings
under this Contract and/or the termination of this Contract by Shearings without
any liability on the part of Shearings and without prejudice to any other
Contract between the parties.
6. The Supplier will maintain full insurance cover throughout the period of
this Contract against all third party liability (including insurance in the
respect of liability to customers and others using the hotel facilities and
liability to the servants and agents of the Supplier) and will supply
certificates of insurance for inspection on request.
7. The Supplier warrants that the Services and any other facilities, as
described within this document and/or on any "Brochure Description Confirmation
Documentation" subsequently forwarded by Shearings to the Supplier or his duly
authorized representative for verification are correct and agrees to notify
Shearings of any alteration or suspension (whether temporary or otherwise) of
such arrangements or facilities in writing with 48 hours of any such alteration
or suspension.
8. The number of clients and room allocation detailed overleaf represents the
maximum capacity of each tour for which you should make initial reservations.
Unless agreed to the contrary such initial reservations should be held until
receipt of the Final Rooming List. Final numbers requiring accommodations
services will be confirmed on Shearings Final Rooming List not later than 14
days prior to each tour arrival date unless a different release is agreed on the
front hereof at which point any rooms remaining unsold from Shearings'
allocation will be automatically released back to the Supplier. Any additional
bookings required after dispatch of Shearings' Final Rooming List will be
notified separately by arrangment and are subject to availability at the time of
notification. If, through any circumstances, it should become necessary to
cancel a proposed tour(s), Shearing reserves the right to cancel the
accommodation reserved, without liability, by giving the Supplier not less than
28 days notice. To assist the Supplier to monitor sales Shearings will supply
Booking Progress Reports as frequently as may be reasonably required.
9. Final Rooming date will detail the name of all clients booked, final room
requirements and any special requests notified to Shearings by clients.
Such special request are accepted by Shearings on the express understanding
that compliance cannot be guaranteed by either Shearings or the Supplier,
although the Supplier will use best endeavors to comply with such requests.
Except by prior agreement, any additional costs incurred in complying with
a clients special request must be charged directly by the Supplier to the
client. Client's bookings detailed on Final Rooming Lists are listed in
date of booking order and the Supplier will allocate bedrooms favoring
early booking clients where practical.
10. This Agreement may be terminated by Shearings on immediate written notice
to the Supplier if:
(i) Any event or circumstance which prejudices the safety, comfort or enjoyment
of Shearings' clients continues for more than two weeks.
(ii) any Inspection of the accommodation or service by or for Shearings reveals
that any part of the Services are unsafe, unsanitary or otherwise not in
conformity with reasonable and/or statutory standards of safety, cleanliness or
hygiene or does not comply with standards set out in any E.C. Regulation or
Directives concerning the Services, regardless of whether the Supplier is
complying with clause 5 of this Agreement.
Termination of this Agreement in accordance with this condition shall be
without prejudice to any rights or remedies of either party accruing prior to
the date of termination and without prejudice to the Supplier's obligations to
continue to provide the Services and facilities for any Shearings' clients who
are staying at the Supplier's accommodation when this contract is so terminated
until their departure from that accommodation.
11. The Supplier warrants to Shearings that the services and facilities to be
supplied under the terms of this contract will function accurately and without
interruption for, during and after 1st January 2000 and to take account of the
change from 28 February 2000 to 29 February 2000 without any change in operation
associated with the advent of the Year 2000 and the new century.
12. Where this contract is for services within the European Monetary Union
Shearings reserves the right at its sole discretion to make payment to the
Supplier in either the local currency of the country of business of the Supplier
or in Euro, regardless of the currency shown in this contract, until such time
as the local currency is replaced by the Euro, unless specific agreements on the
contrary appear elsewhere in this contract.
13. This Agreement shall be governed by English law and statute and shall be
construed in accordance with English law and the parties hereby submit to the
non-exclusive jurisdiction of English Courts provided that this submission shall
not limit the right of Shearings in any other court of competent jurisdiction.
Legal proceedings by Shearings in any one or more jurisdictions shall not
preclude legal proceedings by it in any other jurisdiction.