General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE SALE OF BUSINESS TRAVEL SERVICES BETWEEN
(i) BARRHEAD TRAVEL SERVICE LIMITED trading as 'Barrhead Business Travel', a company incorporated and registered in Scotland with Company Number SC57208 and having its registered office at 190-200 Main Street, Barrhead, Glasgow, G78 1LS (“Barrhead Travel”); and
(ii) The company or other legal entity to whom Barrhead Travel are engaged to provide Business Travel Services (“Customer”),
(each hereinafter referred to as a "party" and together as the "parties").
(A) Barrhead Travel operates a travel business and provides the Business Travel Services;
(B) The Customer wishes to engage Barrhead Travel to supply the Business Travel Services and all necessary related services, subject to these Terms.
The parties hereby agree as follows:
1.1 In these Terms, the following definitions apply:
"Booking" means a booking of any travel made by the Customer;
"Business Day" means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in Glasgow, Scotland;
"Business Travel Services" means the services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services by Third Party Suppliers to the Customer;
"Customer" means the entity described at the start of these Terms and, in the absence of any express written instructions to the contrary, Barrhead Travel may accept (and the Customer shall be bound by) any Booking made by any employee, agent or other representative of the Customer;
"Passenger" means any passenger in respect of whose travel by air, land or sea, accommodation, car-hire, travel insurance or other related travel services Barrhead Travel provides the Business Travel Services;
"Third Party Suppliers" means any third parties who supply any travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services to the Customer.
"VAT" means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the provision of the Business Travel Services.
2. The Business Travel Services
2.1 The Customer engages Barrhead Travel on a non-exclusive basis to provide the Business Travel Services that the Customer requires.
2.2 The Customer acknowledges and agrees that Barrhead Travel will be acting as an agent only for the provision of Business Travel Services. The Third Party Supplier, and not Barrhead Travel, will be responsible for the delivery of the relevant travel services to the Customer and Passengers.
2.3 These Terms apply to and form the contract between Barrhead Travel and the Customer, superseding any previously issued terms and conditions of purchase or supply. No terms or conditions endorsed on, delivered with, or contained in the Customer's order, or other document shall form part of the contract except to the extent that Barrhead Travel otherwise expressly agrees in writing. In addition, the Customer acknowledges that the terms and conditions of Third Party Suppliers apply to the Business Travel Services that they supply.
2.4 The Customer shall provide Barrhead Travel with all reasonable assistance in its provision of the Business Travel Services pursuant to these Terms including providing such information to Barrhead Travel as it reasonably requires for that purpose.
3. Fees and Payment
3.1 In consideration for the provision of the Business Travel Services, the Customer shall pay to Barrhead Travel any fees as may be set out any quote or invoice provided by Barrhead Travel (the "Service Fee").
3.2 Unless otherwise agreed between the parties, Barrhead Travel shall render invoices for all Business Travel Services provided to the Customer together with all Service Fees at the point at which the Customer makes the Booking.
3.3 Payment of all invoices shall be made to Barrhead Travel by the Customer on the agreed date or schedule;
3.4 Time of payment is of the essence. Where sums due under these Terms are not paid in full by the due date, Barrhead Travel may, without limiting its other rights, charge interest on such sums at the rate of 4% a year above the base rate of the Royal Bank of Scotland Plc from time to time in force, and such interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment or decree.
4. Data Protection
5. Limitation of liability
5.1 Barrhead Travel's liability under or in connection with these Terms (regardless of whether such liability arises in tort/delict, contract or in any other way and whether or not caused by negligence or misrepresentation) shall not exceed the sum of the Service Fees paid by the Customer to Barrhead Travel in respect of the Business Travel Services for any Booking pursuant to which such liability arises.
5.2 Barrhead Travel shall not be liable for any of the following (whether direct or indirect): (i) loss of profit; (ii) loss of data; (iii) loss of use; (iv) loss of production; (v) loss of contract; (vi) loss of opportunity; (vii) loss of savings, discount or rebate (whether actual or anticipated); (viii) harm to reputation or loss of goodwill.
5.3 Notwithstanding any other provision of the Agreement, the liability of Barrhead Travel shall not be limited in any way in respect of the following: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other losses which cannot be excluded or limited by applicable law;
We may update these Terms from time to time. It is the Customer's responsibility to check Barrhead Travel's website for any updated Terms. If the Customer continues to order Business Travel Services from Barrhead Travel then the Customer agrees that it will be deemed to have accepted the updated Terms.
7. Third party rights
A person who is not a party to these Terms shall not have any rights under these Terms to enforce any of the provisions of these Terms.
8. Anti-bribery, Anti-Corruption and Modern Slavery
8.1 Each party shall, and shall ensure that each of its employees, officers, directors, contractors and agents comply with all applicable laws, regulations, codes and sanctions, including but not limited to anti-bribery and corruption, foreign corrupt practices, anti-terrorism and anti-slavery laws including, expressly the Bribery Act 2010 and the Modern Slavery Act 2015.
8.2 Each party shall ensure that it has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that: (i) all of that party’s personnel; (ii) all others associated with that party; and (iii) all of that party’s subcontractors, involved comply with such procedures.
8.3 Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.
8.4 Each party shall immediately notify the other as soon as it becomes aware of a breach of any of the requirements in this clause 8.
9. Governing law and Jurisdiction
These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Scotland. The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims).