1. Member agreement
1.1 The term ‘member’ refers to the individual and/or the organisation as specified in the application form and accepted as a member of Nottinghamshire Tourism by Experience Nottinghamshire. The agreement is made between Experience Nottinghamshire (company number 03744996) and the member and will last for 12 months (subject to these terms and conditions) and may be extended for further 12 month periods upon payment of the applicable annual renewal fee.
1.2 Experience Nottinghamshire reserves the right to determine in its sole discretion which individuals and/or businesses are to be allowed to join Nottinghamshire Tourism as members.
1.3 The member agrees to pay the applicable annual membership fee in return for membership benefits as notified to members from time to time and subject to these terms and conditions as may be varied by Experience Nottinghamshire from time to time.
2. Invoicing and payment terms
2.1. Experience Nottinghamshire invoices must be paid in full within 14 days from their date of issue, without any deduction, set-off or withholding.
2.2 Experience Nottinghamshire reserves the right to suspend membership and all associated benefits on written notice to members until full payment of all due invoices is received in cleared funds.
2.4 Experience Nottinghamshire may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 where payment is not paid according to the agreed credit terms.
3.1 Commission is charged on all Experience Nottinghamshire bookings made via the Nottingham Event Team website and Nottingham Tourism Centre. Commission is also charged on any bookings made direct by the client following submission of a quote obtained from the member via the Nottingham Event Team. Re-books made directly by the client to the member will also be subject to commission. All commission is charged retrospectively on the net value of the total booking amount and is subject to VAT at the prevailing rate. For the avoidance of doubt and by way of example commission is payable on: accommodation, conference room hire, refreshments and meals, alcohol, audio visual equipment, group tours, ticket sales.
3.2 Commission is charged at 10 % or at such other agreed rate.
4.1 Experience Nottinghamshire accepts no liability in connection with any reservation made through this agreement and is not responsible for non-arrivals by clients or for clients failing to fully settle their accounts. Members should refer to their own terms of business with clients.
4.2 If Experience Nottinghamshire is found to be liable to members or to others for breach of contract, misrepresentation, misstatement or other tortious acts or omissions, including negligence arising under or in connection with the agreement then the maximum liability of Experience Nottinghamshire shall be the annual membership fee paid by the member.
5. Supply of data, images and leaflets for display
5.1 The member shall provide text and images for use on Experience Nottinghamshire’s website and in its publications.
5.2 The member shall supply leaflets for display at the Nottingham tourism centre in a format suitable for racking. Publications which do not fit this format may not be displayed.
5.3 It is the responsibility of the member to ensure that all image permissions are granted and that the content of all materials supplied under clauses 6.1 and 6.2 is legal and accurate and the member will indemnify and hold harmless Experience Nottinghamshire from and against all claims and losses arising from loss, damage, liability to Experience Nottinghamshire by reason or arising out of this clause 6.
5.4 The member agrees to share its data with Experience Nottinghamshire and VisitBritain for promotional purposes
6.1 Experience Nottinghamshire may terminate this agreement immediately on written notice to the member if
6.2 In the event of termination under clause 7.1 the member shall not be entitled to any refund of the annual membership fee.
7. Force majeure Experience Nottinghamshire shall not be liable for any delay or failure in performing its obligations or duties under the agreement with the member which results from circumstances outside its reasonable control.
8. It is not intended that a third party should have the right to enforce a provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
9. If any of these conditions is or at any stage in the future becomes invalid, illegal or cannot be enforced in law, it will not affect the other terms which will stay in force.
10. If there is a dispute between the parties then the Courts of England and Wales will be the only courts with the power to deal with the dispute and English law will apply.
11. Terms and conditions The agreement between Experience Nottinghamshire and the member comprises these terms and conditions together with any specific terms notified to the member by Experience Nottinghamshire and if there is any inconsistency between these terms and conditions and any specific terms then the latter shall prevail.