General Conditions

Communication

Communication between the parties will be by telephone and e-mail between the nominated event organiser and the Plas Heli Events Manager/ Centre Manager.

The Parties agree that in relation to the good administration and promotion of the Agreement they will work together to formulate and organise liaison meetings between the Parties found necessary or as otherwise agreed.

Each Party shall nominate a dedicated person to attend each Review Meeting and to be responsible for communications between Parties.

The Parties agree to manage their relationship with each other in good faith and in a manner that develops mutual trust and respect and ensures the highest professional and ethical standards from all staff.

Public Disclosure and Confidentiality

Each party agrees that no press release or public announcements relating to the existence or terms of this Agreement shall be issued without the express approval of the parties.

During the Term and for a period of three years thereafter the parties shall hold in confidence the terms of this Agreement and all matters arising from the operation thereof.

Reporting

After the event the parties will together prepare and agree a report detailing the event activities and costs at no cost to either party for the purpose of funding authorities and sponsors.

Review

There shall be regular briefing meetings preceding the event between the parties. These shall be set as often as mutually required.

The parties shall meet in good faith to review the terms of this Agreement. Should no agreement be reached between the parties with respect to adjusting or amending the terms of the Agreement, the then current terms of the Agreement shall remain in full force and effect

Termination

The parties agree to give the other party four months written notice should either party wish to terminate this agreement.

The termination of this Agreement however caused and shall be without prejudice to any obligations or rights of any parties hereto which have accrued prior to such termination and shall not affect any provisions of this Agreement which is expressly or by implication provided to come into effect on or to continue in effect after such termination.

Either party may terminate this Agreement with immediate effect if:

• The other Party is in material or persistent breach of any of the terms and conditions of this Agreement and fails to remedy such material or persistent breach (if capable of remedy) within 28 days of being requested to do so; or
• The other Party ceases to carry on business, has a receiver or administrator appointed over all or any part of its assets or enters into any composition or arrangement with its creditors, or takes or suffers any similar action in consequence of a debt or other liability or undergoes any process analogous to the foregoing in any jurisdiction throughout the world.
• Upon termination of the Agreement, the Class will pay any fees and expenses due as at the date of termination and/or the Host will repay any fees and expenses paid in respect of the period post termination on a pro rata basis.
• The Parties agree that the provisions relating to Confidentiality and Intellectual Property shall survive any termination or expiry of this Agreement and such provisions shall remain binding in full force and effect on both Parties. 

Force Majeure

The duties and obligations of the parties hereunder may be suspended upon the occurrence and continuance of any ‘Event of Force Majeure’ which inhibits or prevents performance hereunder and for reasonable start-up period thereafter. An ‘Event of Force Majeure’ shall mean any act, cause or circumstance beyond the reasonable control of either party to the Agreement (whether or not reasonably foreseeable). Neither party shall in any manner whatsoever, be liable or otherwise responsible for any delay or default or failure of performance resulting from any such event and failure to perform in these circumstances shall not constitute a breach by either party hereunder.

Arbitration

If desired by either the Host or the Class Association Company, a mutually acceptable independent Arbitrator can be appointed for the fair resolution of any unexpected disputes.

Governing Law

This Agreement shall be governed by and construed in accordance under the laws of England and Wales.

Liability

Nothing in this Agreement shall limit the liability of either Party to the other for fraudulent misrepresentation or for death or personal injury resulting from its negligence.

In no circumstances will either Party be liable to the other in contract, tort (including negligence, breach of statutory duty or wilful misconduct by Team Members, employees, sub-contractors or agents) or otherwise for loss (whether direct or indirect) of profits, loss of business, loss of business opportunities, anticipated savings, or for any indirect or consequential loss or damage whatever.

Each Party shall take out and maintain, for the duration of this Agreement, public liability, personal injury insurance and all other insurances required to cover its potential liabilities, including third party risks arising from its activities, arising under this Agreement for a total indemnity limit of not less than 5 million pounds (GBP) in respect of each claim and shall, on the other request, provide to the other Party reasonable proof that such insurance is in place and of the payment of any related insurance premiums.

Each Party's total liability to the other in contract, tort, misrepresentation, breach of duty or otherwise in connection with this Agreement shall not exceed the total value of the facility fee and additional fees.

The Host accepts no responsibility for any loss or damage to any competitor or equipment which is stored or berthed at the Venue, particularly those areas which are generally open or accessible to the public save for loss or damage arising due to the Host’s negligence or wilful default.

The Class will take all reasonable precautions against theft or damage of any equipment stored or vessels berthed at the venue. Neither the Host, Clwb Hwylio Pwllheli Sailing Club, Cyngor Gwynedd Council, Hafan Marina or their staff, subcontractors, volunteers or agents are responsible for berthed vessels in any way whatsoever while berthed on Plas Heli Events pontoons or stored ashore.

All Vessels berthed will have a minimum third party insurance of £3,000,000 and must comply with the Hafan’s Environmental Code of Conduct.

The Class Association will take all reasonable steps to ensure that all gates and doors are locked at the end of each day during the event.

Insurance

The Class Association Company shall put in place at their own expense any insurances appropriate to this agreement and shall declare to the Host at the commencement of the agreement the scope and value of insurance cover held by the Class Association Company Franchisee.

Indemnification

Each party shall indemnify and hold the other party and their respective employees, officers, agents and directors harmless from and against any and all claims and other liabilities and losses of whatever kind or nature incurred by a breach or any other matter.

Language

The Host has a dual language policy. The Host may translate any notices produced in English to Welsh and may distribute any such notices locally in both the Welsh and English languages. All costs incurred by the Host of translating, printing, and distributing notices in dual languages will not be charged to the Class

Sourcing of Services

The Host has a policy of local supply of products and services whenever possible. Therefore, as part of this agreement, the Class is required to both procure locally and use locally produced produce wherever and whenever reasonably possible.

Alterations, Equipment and Fixings

No bolts, tacks, nails, screws or any similar fixing/objects, nor any flags, emblems or posters shall be driven into any part of the accommodation or affixed thereto without the previous consent of the Host

No additional lights or electrical extensions shall be used without the previous consent of the Host.

Cost of Repair and Replacement

The Organising Committee shall make good any loss or damage to the premises and/or any such furniture, fittings or equipment caused by the Class, competitors or their support teams.

Sub-Letting and Retailing

The Class shall not, and shall not allow, any form of retailing on the Host’s site or adjacent to the Host’s site. For the avoidance of doubt there shall be no sub-letting of pitches for any retailing purposes.

The class shall not allow or encourage the onward sale or distribution of goods, food and drink on the site intended for consumption by the Class, volunteers or competitors.

The Class is permitted to invite third parties including Event sponsors (if any) and team sponsors during the Event for hospitality and merchandising purposes. Space needed for these purposes must be agreed with the Host (acting reasonably) prior to the Event.

Nothing in the above will prevent the Host from arranging retail outlets within the site with the Host’s chosen partner/s.

Assignment

This agreement and the rights and licences granted herein are personal to the Class and it must not sell, transfer, mortgage pledge any such rights or licences in whole or in part to any other party.

VAT

The Class Association Company shall declare to the Host at the commencement of the agreement whether they will be VAT registered for the purposes of this agreement.

“VAT” means Value Added Tax or tax of a similar nature.

Miscellaneous

This Agreement shall not constitute any partnership, joint venture or agency relationship between the parties hereto and none of them shall have any authority to bind the others in any way other than the provisions of the Agreement.

The headings in the Agreement are for convenience of reference only and shall not have substantive effect

All rights and remedies granted to the parties of the Agreement are cumulative and are in addition to ant other rights or remedies that the parties may have at law or in equity.

Should any non-material provisions of this Agreement be held to be void, invalid or inoperative, as a matter of law the remaining provisions hereof shall not be affected and shall continue in effect as though such unenforceable provision(s) have been deleted herefrom.

None of the provisions of this Agreement is intended for the benefit of or shall be enforceable by any third party.

This Agreement may be executed in separate counterparts each of which shall be an original and all of which taken together constitutes one and the same Agreement.

All notices shall be in writing and either personally delivered or mailed to the parties at the above previously mentioned addresses.

For the avoidance of doubt this is not a lease and is not subject to the provisions of the Landlord and Tenant Acts.

Any undertaking by any of the parties hereto not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of the act or thing.

How these terms and conditions apply to our contract.

We consider these terms and conditions (the “Terms”) and our prices to set out the entire agreement between you and us for the supply of our services to you. Only these terms shall apply to our contract with you.

Please check that the details in these terms and conditions and your Booking Request are complete and accurate before you commit yourself to the contract.

If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we can only accept responsibility for statements and representations made in writing by our authorised employees and agents.

Please ensure that you read and understand these Terms before you submit your Booking. You may only request a booking if you agree to these Terms. By submitting a Booking, you are deemed to have accepted these terms. This does not affect your statutory rights as a consumer.

We reserve the right to change these Terms at any time. Any such changes will take effect immediately when posted on the Website, in the brochure, at the Sites, or otherwise brought to your attention. It is your responsibility to read the Terms each time you submit a Booking Request and any such request shall signify that you have accepted to be bound by the latest set of Terms. A copy of the latest set of Terms is available on the Website and upon request.

Services, Features and Facilities

Site services, features and facilities may vary between seasons and ongoing events. Details of Site services, features and facilities will be prominently displayed in the reception area at Plas Heli and on our web site. Features, facilities or services referred to in any Brochure, Site Leaflet or on the Website are subject to availability and may be supplied by third parties. You use these services, features and facilities at your own risk and Plas Heli shall have no responsibility for loss, damage or injury in relation to any services, features or facilities provided or supplied by third parties.

Information about features, facilities and services at Plas Heli is, to the best of our knowledge and belief, accurate at the time of publication of the brochure and Website, however Plas Heli cannot guarantee that these services, features and facilities will be available during your stay.

All information on the Website is accurate as at the time of publication, but may be subject to change.

Plas Heli provides showers, changing rooms and club room facilities and these will be available during our normal opening hours. We should be obliged if you would refrain from using the Marina facilities. These are provided for the berth-holders only and are outside our control.

There will be a high demand for parking from competitors, other marina and club users during busy event periods and bank holiday weekends and this may impede ingress and egress particularly for larger vehicles.

Management and Behaviour on-site

The Plas Heli team and volunteers are fully empowered in all aspects of Site operation and management. Plas Heli fully supports its site administration team in dealing with matters of policy at their sole discretion when the need arises. In hiosting your event at Plas Heli you agree that you and your party will at all times comply with the requests of the Plas Heli Team.

Any wilful damage to the Site or any other Plas Heli property will result in you being asked to immediately leave. If you are asked to leave under these circumstances, no monies will be refunded.

To respect the enjoyment of others, we ask that noise levels are kept to a minimum after 10:30pm. No music is allowed on site after 10.30pm. No driving allowed on site after 21.00hrs.

To protect our property the burning of wood is strictly prohibited. Charcoal only BBQs are allowed, providing they are raised off the ground. BBQs must be extinguished by 10.30pm. Open fires, fire pits and rope swings are also prohibited. No structures can be tied or secured to the Plas Heli fences. Any structures that are or are judged to be causing damage to the site will be taken down or removed. The Plas Heli team reserve the right to do so without prior consent and wholly at the teams’ discretion.

Dogs are welcome on the Plas Heli site. Dogs must be kept on leads at all times and any fouling must be collected and disposed of immediately. A maximum of two dogs per pitch are permitted on-site. If there is an incident on-site involving your dog please note that you may be asked to leave the site immediately.

Complaints

We want you to have an enjoyable stay at Plas Heli. Should you have cause for complaint, please contact our Centre Manager immediately who will try to resolve your complaint and advise you of our complaints procedure.

We ask you to note that if you do not give us the opportunity to resolve the problem by reporting it on-site, we may not be able to deal with any complaint on your return and your rights to claim may have been reduced or forfeited.

If, at the end of your stay with us, you feel we have not dealt with your complaint satisfactorily, we ask that the main booker submits a written complaint within 28 days of your return home to: Centre Manager, Plas heli Cyf, Hafan, Pwllheli Gwynedd LL53 5YT or through our website at www.plasheli.org 

Information about you

At times we may request that you voluntarily supply us with personal information. Generally this information is requested when you request information and/or services from us. We may gather and use information about you in the following ways:

• We will use your personal information and information we obtain from other sources for administration and customer services, for marketing, to deliver our services to you, to analyse your purchasing preferences and to ensure that the content, services and advertising that we offer are tailored to your needs and interests. We will not share this information with anyone else.
• We intend to continue improving the content and function of our Website. For this reason, we monitor customer traffic patterns and Website usage to help us improve the design and layout of our website and provide content that is of interest to you.
• By providing us with your personal information you consent to our processing your personal data for the above purposes. We will only use the information that you provide to us for the purposes contemplated in these Terms, informing you about similar services which we provide (unless you tell us that you do not want to receive this information) and improving the services which we offer to customers.
• We may send you information about other goods and services on offer at Plas Heli. We may contact you by telephone, email or other electronic messaging service with offers of products, services or information that may be of interest to you. By giving us your contact details you consent to being contacted by these methods for these purposes. If you do not wish to receive marketing information from us other than the information you have requested, please indicate this on registration or contact us using the details below.
• If we (or any part of us) enter into a joint venture or are sold, transferred to or merged with another business entity, or if our business structure changes, the information that we hold about you may be disclosed to the new business partners or owners, although your personal information will still only be used in accordance with these Terms.
• We employ security measures to protect your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We may retain your personal information after we have ceased using it for the purposes set out in these Terms, or for as long as the law requires.
• You are entitled to obtain details of the information that we hold about you (for which we may charge a small fee). You may also ask us to make changes to the information we hold about you or your marketing preferences to ensure that it is accurate and kept up to date. If you wish to do this, please send an email to post @plasheli.org or by post to Centre Manager, Plas Heli Cyf, Hafan, Pwllheli Gwynedd LL53 5YT
• We may use information obtained about you from cookies (files which are sent to us by your computer or other access device) which we can access when you visit our website in the future. We do this to allow us to identify users and personalise the Website wherever possible. The cookies store small pieces of information about our users, such as names and email addresses. This means that on future visits too our website, we can identify past users.

• If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Any cookie whose name starts with UTM is a Google Analytics first party cookie. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website.

Liability - Please read this section as it is important that you understand what you are agreeing to

Plas Heli, Cyngor Gwynedd Council and Pwllheli Sailing Club will not accept any liability for personal injury arising out of the use of this facility either sustained by members, their guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence any member, visitor, servants or agents.

Nothing in this section limits or attempts to limit our liability for:
• Fraud or fraudulent misrepresentation; or
• Any breach of the obligations implied by Section 2 of the Supply of Goods and Services Act 1982; or
• Losses for which it is prohibited in Section 7 of the Consumer Protection Act 1987 to limit liability; or
• Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

Subject to the matters detailed above, if we fail to comply with these Terms, we shall not be responsible for any losses that you suffer as a result, except for those losses which we could reasonably foresee would result from our failure to comply with these Terms.

In addition to the above, we shall not be responsible for any:
• Loss of income or revenue;
• Loss of business
• Loss of anticipated savings
• Loss of data

Our maximum liability shall be no more than to refund the amount paid by you for the holiday.

As our site is located in a marine environment, we do not accept responsibility for any damage, injury or inconvenience caused by marine activity, plants or wildlife. 

Other Important Information

Any photographs, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogue, or brochures or on our Website, are issued or published solely to provide you with an approximate idea of our Sites and services. They do not form part of the contract between you and us.

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.

If we fail at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. Any waiver of a default by us does not mean that we will automatically waive any subsequent waive by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

These Terms and any non-contractual obligations relating to these Terms shall be governed by and interpreted in accordance with the Law of England and Wales. You and we both agree to the exclusive jurisdiction of the English and Welsh courts. This contract shall be concluded in the English language.

If you wish to contact Plas Heli - contact details are available here