Legal and Administrative Issues. 15.1 This Contract, the Rate Sheets, and Conditions of Carriage, together with the documents expressly referred to in this Contract shall constitute the entire agreement between the parties relating to its subject matter and shall override any prior correspondence or statements relating to them (including, without limitation, any statements or representations in any advertisements or literature produced by Brightsun or any Airline). Neither party will have any claim against the other for misrepresentations unless that party has made such misrepresentations fraudulently. In the event of any conflict between the Contract, the Rate Sheets and the Conditions of Carriage then the documents shall have the following descending priority:- (a) Conditions of Carriage; (b) this Contract; and (c) the Rate Sheets. 15.2 References to any statute or statutory provision shall include any subordinate legislation made under it, and any provision which subsequently supersedes it or re-enacts it (whether with or without modification). 15.3 The Agent shall not assign, delegate, sub- contract or transfer or otherwise dispose of all or any of its rights and obligations under this Contract without Brightsun’s prior written approval. For the avoidance of doubt, and subject to Clause 8, the Agent shall not appoint sub-agents and shall sell seats at Seat Only Fares only to consumers. 15.4 Nothing in this Contract shall create or be deemed to create a partnership, joint venture, relationship of employer and employee or similar relationship between the parties. 15.5 The rights and remedies of a party in respect of this Contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of this Contract shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision. 15.6 The Airlines are intended to benefit from this Contract. Save for the Airlines, any person who is not a party to this Contract (including, without limitation, any employee, officer, agent, representative or sub-contractor of either party) shall have no right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce any terms or conditions of this Contract. Even though the Airlines are intended to benefit from this Contract the parties to this Contract may, notwithstanding Section 2(1) of the Act, rescind or vary this Contract without the prior written consent of the Airlines. 15.7 Notices sent under this Contract should be in writing and served by personal delivery, first class post or fax. Notices to the Agent must be sent to the registered office of the Agent. and notices to Brightsun shall be sent to: Brightsun Travel (UK) imited 00 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxx, XX0 0XX Fax number: +44 (0) 208 814 7766 15.8 Any amendment to this Contract must be in writing and signed by authorised representatives of both parties. 15.9 If any provision of this Contract is ruled to be invalid for any reason, that part of the Contract which is ruled to be invalid shall not form part of this Contract and such invalidity will not affect the rest of this Contract which will remain valid and enforceable in all respects. 15.10 This Contract is governed by English law. Any dispute or claim which the parties cannot settle will be subject to the exclusive jurisdiction of the English Courts.
Appears in 1 contract
Samples: Agency Agreement
Legal and Administrative Issues. 15.1 This Contract, the Rate Sheets, and Conditions of Carriage, together with the documents expressly referred to in this Contract shall constitute the entire agreement between the parties relating to its subject matter and shall override any prior correspondence or statements relating to them (including, without limitation, any statements or representations in any advertisements or literature produced by Brightsun or any Airline). Neither party will have any claim against the other for misrepresentations unless that party has made such misrepresentations fraudulently. In xxxxxxxxxxxx.Xx the event of any conflict between the Contract, the Rate Sheets and the Conditions of Carriage then the documents shall have the following descending priority:-priority: -
(a) Conditions of Carriage;
; (b) this Contract; and
and (c) the Rate Sheets.
15.2 References to any statute or statutory provision shall include any subordinate legislation made under it, and any provision provision, which subsequently supersedes it or re-enacts it (whether with or without modification).
15.3 The Agent shall not assign, delegate, sub- contract or transfer sub-contract, transfer, or otherwise dispose of all or any of its rights and obligations under this Contract without Brightsun’s prior written approval. For the avoidance of doubt, and subject to subjectto Clause 8, the Agent shall not appoint sub-agents and shall sell seats at Seat Only Fares only to consumers.
15.4 Nothing in this Contract shall create or be deemed to create a partnership, joint venture, relationship of employer and employee or similar relationship between the parties.
15.5 The rights and remedies of a party in respect of this Contract shall not be diminished, waived or extinguished by the granting thegranting of any indulgence, forbearance or extension of time by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of this Contract shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
15.6 The Airlines are intended to benefit from this Contract. Save for the Airlines, any person who is not a party to this Contract (including, without limitation, any employee, officer, agent, representative or sub-sub- contractor of either party) shall have no right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce any terms or conditions of this Contract. Even though the Airlines are intended to benefit from this the Contract the parties to this Contract may, notwithstanding Section 2(1) of the Act, rescind or vary this Contract without the prior written consent of the Airlines.
15.7 Notices sent under this Contract should be in writing and served by personal delivery, first class post or fax. Notices to the Agent must be sent to the registered office of the Agent. and And notices to Brightsun shall be sent to: Brightsun Travel (UK) imited 00 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxx, XX0 0XX Fax number: +44 (0) 208 814 7766:
15.8 Any amendment to this Contract must be in writing and signed by authorised authorized representatives of both parties.
15.9 If any provision of this Contract is ruled to be invalid for any reason, that part of the Contract which is ruled to be invalid shall not form part of this Contract and such invalidity will not affect the rest of this Contract which will remain valid and enforceable in all respects.
15.10 This Contract is governed by English law. Any dispute or claim which the parties cannot settle will be subject to the exclusive jurisdiction of the English Courts.
Appears in 1 contract
Samples: Travel Agency Agreement
Legal and Administrative Issues. 15.1 This Contract, the Rate Sheets, and Conditions of Carriage, together with the documents expressly referred to in this Contract shall constitute the entire agreement between the parties relating to its subject matter and shall override any prior correspondence or statements relating to them (including, without limitation, any statements or representations in any advertisements or literature produced by Brightsun or any Airline). Neither party will have any claim against the other for misrepresentations unless that party has made such misrepresentations fraudulently. In the event of any conflict between the Contract, the Rate Sheets and the Conditions of Carriage then the documents shall have the following descending priority:-priority: -
(a) Conditions of Carriage;
(b) this Contract; and
(c) the Rate Sheets.
15.2 References to any statute or statutory provision shall include any subordinate legislation made under it, and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
15.3 The Agent shall not assign, delegate, sub- sub-contract or transfer or otherwise dispose of all or any of its rights and obligations under this Contract without Brightsun’s prior written approval. For the avoidance of doubt, and subject to Clause 8, the Agent shall not appoint sub-agents and shall sell seats at Seat Only Fares only to consumers.
15.4 Nothing in this Contract shall create or be deemed to create a partnership, joint venture, relationship of employer and employee or similar relationship between the parties.
15.5 The rights and remedies of a party in respect of this Contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of this Contract shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
15.6 The Airlines are intended to benefit from this Contract. Save for the Airlines, any person who is not a party to this Contract (including, without limitation, any employee, officer, agent, representative or sub-sub- contractor of either party) shall have no right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce any terms or conditions of this Contract. Even though the Airlines are intended to benefit from this Contract the parties to this Contract may, notwithstanding Section 2(1) of the Act, rescind or vary this Contract without the prior written consent of the Airlines.
15.7 Notices sent under this Contract should be in writing and served by personal delivery, first class post or fax. Notices to the Agent must be sent to the registered office of the Agent. and And notices to Brightsun shall be sent to: Brightsun Travel (UK) imited Limited 00 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxx, XX0 0XX Fax number: +44 +00 (0) 208 814 7766000000 0000
15.8 Any amendment to this Contract must be in writing and signed by authorised authorized representatives of both parties.
15.9 If any provision of this Contract is ruled to be invalid for any reason, that part of the Contract which is ruled to be invalid shall not form part of this Contract and such invalidity will not affect the rest of this Contract which will remain valid and enforceable in all respects.
15.10 This Contract is governed by English law. Any dispute or claim which the parties cannot settle will be subject to the exclusive jurisdiction of the English Courts.
Appears in 1 contract
Samples: Agency Agreement
Legal and Administrative Issues. 15.1 This Contract, the Rate Sheets, and Conditions of Carriage, together with the documents expressly referred to in this Contract shall constitute the entire agreement between the parties relating to its subject matter and shall override any prior correspondence or statements relating to them (including, without limitation, any statements or representations in any advertisements or literature produced by Brightsun or any Airline). Neither party will have any claim against the other for misrepresentations unless that party has made such misrepresentations fraudulently. In the event of any conflict between the Contract, the Rate Sheets and the Conditions of Carriage then the documents shall have the following descending priority:-
(a) Conditions of Carriage;
(b) this Contract; and
(c) the Rate Sheets.
15.2 References to any statute or statutory provision shall include any subordinate legislation made under it, and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
15.3 The Agent shall not assign, delegate, sub- sub-contract or transfer or otherwise dispose of all or any of its rights and obligations under this Contract without Brightsun’s prior written approval. For the avoidance of doubt, and subject to Clause 8, the Agent shall not appoint sub-agents and shall sell seats at Seat Only Fares only to consumers.
15.4 Nothing in this Contract shall create or be deemed to create a partnership, joint venture, relationship of employer and employee or similar relationship between the parties.
15.5 The rights and remedies of a party in respect of this Contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of this Contract shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
15.6 The Airlines are intended to benefit from this Contract. Save for the Airlines, any person who is not a party to this Contract (including, without limitation, any employee, officer, agent, representative or sub-contractor of either party) shall have no right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce any terms or conditions of this Contract. Even though the Airlines are intended to benefit from this Contract the parties to this Contract may, notwithstanding Section 2(1) of the Act, rescind or vary this Contract without the prior written consent of the Airlines.
15.7 Notices sent under this Contract should be in writing and served by personal delivery, first class post or fax. Notices to the Agent must be sent to the registered office of the Agent. and notices to Brightsun shall be sent to: Brightsun Travel (UK) imited 00 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxx, XX0 0XX Fax number: +44 (0) 208 814 7766
15.8 Any amendment to this Contract must be in writing and signed by authorised representatives of both parties.
15.9 If any provision of this Contract is ruled to be invalid for any reason, that part of the Contract which is ruled to be invalid shall not form part of this Contract and such invalidity will not affect the rest of this Contract which will remain valid and enforceable in all respects.
15.10 This Contract is governed by English law. Any dispute or claim which the parties cannot settle will be subject to the exclusive jurisdiction of the English Courts.
Appears in 1 contract
Samples: Agency Agreement