Terms & Conditions

1. Summary 

1.      It is important that you read and understand these terms and conditions as these apply to bookings for Aether and set out how you can make, amend, or cancel Aether bookings. They also set out the terms on which you are permitted to use Aether. 

2.      By way of summary, there are a number of terms that you should be aware of and understand: 

a)     We operate Aether, and these terms and conditions are between you and us, except that these terms and conditions with respect to booking matters shall apply to the person making a booking and/or the person who is acting on behalf of the Guest if different from the Guest. In the case that you are making a booking via a Sales Agent, these terms and conditions apply alongside any terms and conditions of the Sales Agent; 

b)     If you are making a booking via our Website, you will also be subject to our privacy policy (which can be found here) and cookies policy (which can be found here). If you are making a booking via a Sales Agent’s website, then you will also be subject to their privacy policy and cookies policy. You should ensure you have read and understand the relevant policies that apply to you;  

c)      If you booked via a Sales Agent, then the Sales Agent is responsible for any refunds and their policies on amendments and cancellations apply. You should refer to the Sales Agent’s terms and conditions for information on how to request amendments or cancellations to your booking. Any amendments need to be agreed between yourself and the Sales Agent; and

d)     We may amend these terms and conditions at any time and without notice, but once you have made a booking, the terms and conditions which apply are those which were on our Website at the time of booking. You should check these terms and conditions each time you make a booking for or use Aether. 

2. Definitions 

1.      We use a number of defined terms: 

·        Aether means the Aether service and premises (as applicable). 

·        Airport means Manchester Airport. 

·        Facilities means the following (including but not limited to) Aether offerings, which include, but are not limited to, a range of alcoholic and soft drinks, tea and coffee, a choice of hot and cold food, and a range of magazines and newspapers (digital and print), as well as use of a our dedicated security / arrivals channels, transfers to / from your gate, and checked baggage processing where applicable. 

·        Guest(s), you and your means a passenger who is permitted access to Aether in accordance with a booking and/or a person making a booking on behalf of such passenger. 

·        Sales Agent means any third-party appointed by us to facilitate bookings for Aether. 

·        Website means https://experienceaether.com  

3. Who are we?  

1.      We are CAVU Experiences (EMEA) Limited, a private limited company registered in England and Wales with company number 05602720 whose registered office address is 6th Floor Olympic House, Manchester Airport, Manchester, United Kingdom, M90 1QX with VAT number 707 7228 31 (We, us, our). 

4. Our liability to you 

1.      Any claims in relation to the use of Aether should be communicated via a method of contact provided by the Aether staff from time to time.  

2.      We will act with reasonable skill and care when providing Aether to you. 

3.      Nothing in these terms and conditions limits our liability in the case of death or personal injury caused by our negligence, or in the case of fraud, or to the extent that such limitation or exclusion is not permitted by law. 

4.      We do not accept any responsibility or liability for any loss or damage you may incur: 

a)     in the event that Aether does not meet your requirements or is not suitable for you; 

b)     as a result of third parties’ acts or omissions (including airlines, security and border control authorities, ground handlers, or third-party transport arranged by or on behalf of you); 

c)      if any information, content, material or data you provide on our Website, or a Sales Agent’s website, is incorrect, incomplete or inaccurate, or if it is misleading (this includes any email address or contact number that you provide when making a booking), or if you fail to disclose any relevant facts;  

d)     if you do not arrive at the times specified at paragraph 8.20 below; 

e)     in connection with the accuracy or content of any reviews of products displayed on our Website or a Sales Agent’s website; 

f)       which are indirect or not foreseeable by us when you accessed or used our Website, or a Sales Agent’s website; or 

g)     in connection with any failure by a Sales Agent displaying the correct information relating to Aether on their website, or in providing us with the information necessary to make sure that we can fulfil your booking, or in relation to the processing of your payment for a booking. 

5.      You are advised to keep all personal belongings with you at all times. In no circumstances will we accept any responsibility for the loss or damage to any property belonging to you or any other Guest attending Aether with you. 

6.      At our discretion, we will keep lost property found at Aether for a reasonable duration of time, however you are advised that any lost property found in Aether may be passed to a third-party for storage and safe keeping. Accordingly, you may be charged direct third-party costs to retrieve it.  

7.      We accept no liability to you for:  

a)     any loss of profits, loss of opportunity, loss of revenue, loss of enjoyment, loss of data (or corruption thereto), or any indirect, punitive, incidental, reliance, special or consequential loss incurred by you or any Guest; or

b)     any cost or loss to you associated with you missing your flight because of your use of Aether or your inability to use any Facilities due to factors beyond our control (which include but are not limited to, you not leaving enough time to use Aether, failure by you to follow airline, security, or customs requirements, or your behaviour whilst using Aether), or our use of any right we have to close, relocate or refurbish Aether. 

8.      Airlines at the Airport operate their services using their own terms and conditions. You must comply with airline terms and conditions (including checked and cabin baggage allowances) at all times. You are responsible for monitoring airline schedules and any potential changes to flight times. You are further responsible for ensuring that you meet the appropriate passport, visa and health requirements to travel. We accept no liability in the event that the airline you are travelling with prohibits you from travelling for any reason, howsoever arising, or in the event that you incur any loss/damage due to a flight delay and/or cancellation. 

5. Making bookings 

1.      Bookings can only be made by persons aged 18 years or over. 

2.      You can make a booking for groups of up to eight (8) guests travelling together on the same departing or arriving flight at the Airport. Bookings for groups of more than eight (8) guests may be made by agreement with Aether management.

3.      You must have a valid flight reservation before making a booking for Aether. 

4.      Where you book through our Website, or through a Sales Agent’s website, you are entering into a contract with us for access to Aether, for the dates and times confirmed in the online booking process and set out in the booking confirmation that you will receive on booking. These terms are deemed to have been accepted when you are provided with a booking reference number either on our Website, on a Sales Agent’s website, or via a booking confirmation email. 

5.      When you have completed your booking having provided all the necessary details, we will send you email confirmation of your booking and payment, together with any additional information requirements which you may need to provide prior to travel. You are responsible for supplying a valid email and we cannot be held responsible for non-delivery due to transmission failure or incorrect address details provided by you.  About 24 hours before your arrival at Aether, we will endeavour to provide you with a courtesy reminder of your upcoming booking (either via telephone, email or text).

6.      Please note that the price will apply to guests 2 years of age and over, you will not have to pay the price for infants less than 2 years of age but you must notify us of any infants travelling with you during the booking process, so we can collect the information we need. 

7.      Providing incomplete or inaccurate information during the booking process may result in a booking being refused or later cancelled by us, or the airline refusing to accept you and/or your baggage on the flight. All guest information must be supplied to us at least 72 hours in advance of the scheduled flight departure or arrival time. For bookings made with less than 72 hours’ notice, all your information must be supplied at the time of booking. 

8.      Bookings must be made at least 24 hours in advance of your scheduled flight departure or arrival time. All bookings are subject to availability and we reserve the right to withdraw availability at our sole discretion. 

9.      Bookings made with less than 24 hours’ notice (a “Late Booking”) are subject to approval by us, the applicable governmental authorities and the relevant airline with whom you have a flight reservation and, if accepted, your booking will be subject to a Late Booking surcharge of £75.00 per booking payable to us. 

10.   Booking requests must be made using the online booking system on our Website. Late Booking requests may only be made by calling 0808 812 6722. Booking enquiries for groups of more than eight (8) guests may only be made using the contact form found here.

11.   Your booking is personal to you. You must not resell or transfer any booking (in whole or in part). 

12.   The price you pay is the price accepted and confirmed to you during the booking process.  All prices are in Great British Pounds.

13.   If you are booking Aether via our Website, the total price that you pay is inclusive of any applicable sales tax.

14.   The price you pay is fixed for the duration of your stay in Aether. The booking is valid for a single use of Aether. 

15.   Guests requiring special assistance (e.g., wheelchair assistance) or travelling with items of checked baggage with dimensions larger than 100cm x 75cm x 45cm or other non-standard or special items of baggage must make these requirements known to us prior to travel. We are not responsible or liable for jewellery, precious metals, cash, or any other high value personal property in any baggage whether or not such contents are known or disclosed to us. 

16.   Guests required to make a customs declaration are strongly advised to make this known prior to travel. Failure to do so may result in a delay to your journey or for you to miss your flight, in such circumstances we will have no liability to you for any losses whatsoever (as further set out in paragraph 4). 

17.   Guest details will be taken and stored by us at the time of, or shortly after, booking. The making of a booking constitutes consent for us to use the guest’s details including name, date of birth, flight, passport and visa details and contact details, to provide the Aether service and to fulfil all relevant security, operational and border control requirements and to pass such information to government authorities for border control and aviation security purposes. The passport information provided at or about the time of the booking must be the passport that the guest will travel on. We do not check the validity of travel documents. 

18.   Where a booking is made on behalf of any Guest(s), the person making the booking warrants that they have the permission of each Guest to use the details taken by us as described above. 

6. How can you pay? 

1.      If booking on a Sales Agent’s website, please see their terms and conditions for further information on how you can pay for your booking. 

2.      If booking on our Website, you can pay via the payment methods set out on the Website. Payment in cash will not be accepted for Aether.

3.      We reserve the right to refuse entry to Aether if your card is declined for any reason, if the payment card has been used fraudulently or without the cardholder's permission, or if you are under the age of 18.  

4.      All payments must be made prior to your use of Aether, if booking via our Website, we will deduct payment at the time your booking is confirmed. 

5.      For bookings of Aether, please note that where bookings are made via our Website using a non-UK credit or debit card, your account will be debited utilising your card issuers applicable exchange rate on the date it processes your transaction and you may be charged any applicable conversion charges. It is your responsibility to check whether such fees apply prior to purchase.

7. How can I amend or cancel my booking? 

Amendments 

1.      At this time, we are not able to accommodate any amendments to your booking once it has been made. However, you are able to cancel your booking in accordance with clause 7(6) below and make a new booking.

2.      Where the scheduled flight departure or arrival is delayed or cancelled before you have asked for your Aether service to begin, changes can be made without charge. Once you are made aware that the flight departure or arrival will be delayed or cancelled, please call 0808 812 6722 to notify us of the change. 

3.      If you booked via a Sales Agent, then the Sales Agent’s policies on amendments and cancellations apply. You should refer to the Sales Agent’s terms and conditions for information on how to request amendments/cancellations to your booking. The Sales Agent is responsible for any refunds agreed with them for Aether bookings. 

4.      You acknowledge and agree that any amendments are agreed between yourself and the Sales Agent whom you have made a booking with, as such we will not be liable to you if the Sales Agent does not agree to an amendment that you request. 

Cancellation 

5.      Regulation 28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states that contracts for the provision of leisure services which provides for services on a specific date (or a specific period) are exempt to the traditional 14-day 'cooling off’ period placed on select online goods and services. Cancellations are therefore subject to the terms set out in these terms and conditions. 

6.      However, we recognise that your plans may change and accordingly, if you wish to cancel your booking, we must receive notice of your cancellation at least 24 hours before you have asked for your use of Aether to begin. We will then be able to offer you a refund as follows: 

a)     If you give more than 72 hours’ notice from your scheduled departure or arrival time at the Airport, we will refund 100% of the booking price paid; 

b)     If you give between 24 and 72 hours' notice from your scheduled departure or arrival time at the Airport, we will refund 50% of the booking price paid; or

c)      If you give 24 hours’ or less notice in advance of the scheduled flight departure or arrival at the Airport and/or you fail to arrive for a booking, you will be charged the full fee for the Aether service and no refund will be given.

7.      If you do not give the required advance notice as stated above, no refund will be given by either us or any Sales Agent. 

8.      You can cancel your booking via our Website or by telephone (0808 812 6722). 

9.      We may cancel your booking: 

a)     Where you have booked via our Website or customer service team, on immediate written notice to you in the event that any monies payable under these terms (whether demanded or not) have not been paid in accordance with the payment details; 

b)     if the booking might, in our opinion, prejudice our reputation; or 

c)      should it be required in order for us to undertake refurbishment, improvements, or relocation. 

10.   If we cancel your booking for a reason within our direct control then we will refund the amount we have received. 

11.   In certain circumstances, airlines may decline to accept guests via Aether. If such a situation arises, then we will notify you as soon as reasonably practicable and any fee that you have been paid to us for Aether shall be refunded to you in full. 

12.   Official state business takes precedence over all Aether bookings and we reserve the right to cancel any booking where necessary in relation to this. In this case, we will notify you as soon as reasonably practicable and any fee that has been paid to us for Aether shall be refunded to you in full. 

13.   We reserve the right to cancel bookings for any reason including, without limitation, operational, safety, capacity or security requirements. On the rare occasion when a booking is cancelled by us in such circumstances, a full refund will be provided to you. 

8. Use of Aether 

1.      Guests under 18 years of age may not use Aether without being accompanied by a guest over the age of 18. 

2.      When using Aether, you must comply with any direction or instruction given by any governmental authorities, Airport officers, personnel or other security personnel and all applicable security, customs and immigration regulations imposed on you. Further information can be found here. Guests with genuine concerns regarding our security equipment are advised to make this known prior to travel. Failure to do so may result in a delay to your journey or for you to miss your flight, in such circumstances we will have no liability to you for any losses whatsoever (as further set out in paragraph 4). 

3.      Subject to availability, and at our sole discretion, each group of travelling guests may have non-travelling guests who may access the Aether lounge for an additional charge. Any non-travelling guests must arrive no earlier than 15 minutes prior to the scheduled arrival time of the travelling guests and must vacate the Aether lounge once the travelling guests have left. Names and other required details of any non-travelling guests must be supplied prior to travel by making a booking via the contact form found here, otherwise they will not be permitted access to the Aether lounge. Any non-travelling guests must remain landside and comply with these Terms at all times and will not be permitted to access any airside area nor shall they be allowed to escort the travelling guests to the aircraft.  Card payment for such non-travelling guests shall be due and paid in full upon arrival at the Aether lounge. 

4.      Whilst we will endeavour to do so, we cannot guarantee that groups will always be able to sit together due to capacities within Aether. 

5.      When using Aether you may be required to share a security or passport control channel or vehicle with other guests. 

6.      You may not transport firearms, ammunition, pets (except assistance dogs) or any other items prohibited by the Airport listed here through Aether.  Assistance dogs must meet the Airport’s, your airline’s and applicable governmental requirements, and shall not pose a direct threat to the health or safety of individuals at Aether or cause a significant disruption.  Failure to abide by the foregoing may in result in our asking the guest(s) and assistance dog(s) to leave Aether, with no liability or refunds provided by us. 

7.      Your use of Aether concludes once you have been handed over to airline representatives and no further assistance will be offered. If the flight is cancelled once you have been handed over to airline representatives, you will be de-controlled and luggage returned via the normal terminal process.

Behaviour 

8.      Aether is a quiet and calm environment for people to use before or after their flight. Any behaviour we deem to disturb this environment and other guests will not be tolerated. We reserve the right to remove any guests who we deem to be excessively loud or disruptive (including guests who are running, shouting and playing loud audio) and no refunds will be issued as a result thereof. 

9.      No abuse of our colleagues will be tolerated. Any behaviour deemed aggressive or abusive towards our team will result in the police being called and may result in prosecution. Such behaviour will result in your right to use the Aether service being withdrawn, and no refund will be given and may lead to you missing your flight, in such circumstances we will have no liability to you for any losses whatsoever (as further set out in paragraph 4). 

10.   We reserve the right, at our sole discretion, to withdraw the Aether service from individuals who may endanger safety or security in the airside environment. In such circumstances, no refund will be given and may lead to you missing your flight and we will have no liability to you for any losses whatsoever (as further set out in paragraph 4). Intoxication, erratic behaviour or failure to follow these Terms, among others, constitute reasons for your withdrawal from Aether. 

11.   You will treat other visitors of Aether with discretion at all times. You are responsible for ensuring that any guest travelling with you are also discreet. This includes not approaching, photographing or filming other guests or disclosing the presence of other guests to any third party, including on any social media platform. You are not permitted to enter any area of Aether than those you are directed to by a member of staff. We reserve the right, at our sole discretion, to ask individuals to leave the Aether terminal in the event of inappropriate conduct. In such circumstances, no refund will be given and may lead to you missing your flight and we will have no liability to you for any losses whatsoever (as further set out in paragraph 4). 

12.   We reserve the right to levy additional charges after departure for any damage caused to Aether facilities or for any items which are removed by guests, including any non-travelling guests. This includes food or drink provided for guests’ consumption solely within the Aether lounge. 

Food and Drink 

13.   Guests are not permitted to bring outside food or drinks for consumption into the Aether lounge. Alcohol will be provided in accordance with local laws.

14.   We require that guests drink sensibly and avoid drinking to excess, it is your sole responsibility to ensure that you are fit to fly and that you meet the requirements of your airline. Should your airline deem you unfit to fly, we accept no liability.  

15.   We accept no liability for guests drinking to excess in Aether but retain the right to limit alcohol consumption to ensure no guest becomes intoxicated prior to flying.  

16.   Aether operates a challenge 25 policy and people under the age of 18 are not permitted to consume alcohol in Aether. 

Smoking and Illegal Substances

17.   Smoking, including the use of electronic cigarettes, is prohibited in all areas of Aether except designated smoking areas. The use of narcotics, drugs, or illegal substances is strictly prohibited and will result in our reporting to the applicable governmental authorities.  Any guest found in violation of the foregoing shall be removed from Aether, with no liability or refunds provided by us.

Dress Code 

18.   The Aether dress code is smart casual. Matching attire (such as hen or stag items), fancy dress or any other items that may cause offence to other guests are not permitted.  We reserve the right to refuse admission, without refund, to any guest dressed in a way that might be deemed inappropriate at our sole discretion.

Children 

19.   Well-behaved children are permitted to use Aether and must be accompanied by a guest over 18 years of age, including being accompanied to the food and beverage stations. 

Arrival/Departure 

20.   It is your responsibility to ensure that you allow enough time to use Aether. 

21.   You must arrive at the Aether terminal prior to the time specified to you by the airline you are flying with or the time specified to you by us in accordance with paragraphs 8.20(a) and 8.20(b) below, whichever is earlier. Late arrival may result in you not being accepted by the airline on to your flight. If you fail to arrive in the times advised below, we will have no responsibility or liability to you for any losses whatsoever (as further set out in paragraph 4) and the Aether service will be non-refundable: 

a)     If travelling with cabin baggage only, you must arrive at least sixty (60) minutes prior to the scheduled flight departure time; 

b)     If travelling with checked baggage, you must arrive at least two (2) hours prior to the scheduled flight departure time; 

22. We reserve the right to adjust the time by which you are required to present at Aether. In such cases, you will be advised of the new time at which you are required to present at Aether through separate communication (either by telephone or by email).

23. Aether Inclusive (Depart) guests may access the Aether lounge from three (3) hours prior to the scheduled flight departure time or from when the Aether terminal opens at 4:00am, whichever is later.

24. Aether Express (Depart) guests may access the Aether lounge from seventy five (75) minutes prior to the scheduled flight departure time or from when the Aether terminal opens at 4:00am, whichever is later.

25. Aether Arrivals guests may access Aether up to two (2) hours after the flight arrival time or until the Aether terminal closes at 10:00pm, whichever is earlier. 

26.   If your flight is delayed or cancelled and you are an Aether Inclusive (Depart) guest, you may remain in the Aether lounge for up to sixty (60) minutes after the scheduled flight departure time. After sixty (60) minutes, additional time is subject to availability and you may incur additional charges. 

Airlines 

27.   You must use your airline’s online check-in facility to check-in for your departing flight and generate a boarding pass. If you are unable to complete the online check-in process and are travelling with an Aether partner airline, a list of which can be found on our website, you must contact us prior to travel by calling 0808 812 6722. If you are unable to complete the online check-in process and are not travelling with an Aether partner airline, you will not be able to use Aether and a full refund will be provided. 

28.   Airlines often charge excess baggage fees to guests wishing to check-in more bags than their allocated maximum allowance. If you wish to check-in more bags than your allowance (as determined by your airline), then you must arrange this with your airline and pay any excess baggage charges directly to the airline. For information on baggage restrictions, please contact the airline you are travelling with. We accept no liability for guests who have excess or overweight baggage and have not arranged for this with their airline. For safety and operational reasons, no item of checked baggage can weigh more than 32 kg. When using Aether, excluding Express (Depart) and Inclusive - Cabin Bags (Depart or Arrive), the price you pay will include processing a maximum of three (3) pieces of checked baggage per guest. Aether will liaise with the guest’s airline to accept, label, screen and transport the guest’s baggage for them. If you want us to process more than three (3) pieces of checked baggage per guest, you will need to pay an additional charge of £10.00 per item of checked baggage. Please note that your airline baggage allowance may vary from the number shown here, and (as above) if you have not arranged this quantity of checked baggage with the airline you are flying with then we cannot process or accept your baggage. For security reasons, we are unable to store baggage. 

29.   By using Aether you are not entitled to any preferential treatment from the airline you have booked to travel with or any services not included in your ticket. You must comply with airline terms and conditions (including checked and cabin baggage allowances) at all times. We will not intervene in any dispute between you and an airline, or any governmental authorities. 

30.   As part of your check-in/baggage acceptance process, the airline you are travelling with may request to speak to you directly. If you do not comply with this request or any other request from the airline or us, we may not be in a position to fulfil the Aether service and no refunds will be made in this regard. 

Private Suite Upgrades

31.   Private suite upgrades are available at Aether, subject to availability.  If you are interested in a private suite upgrade after you have made a valid booking at Aether, please refer to the contact form found here for more information.  Card payment for such private suite upgrade shall be due and paid in full upon arrival at the Aether lounge.  The Terms herein shall apply to all Aether guests, regardless of whether they are in a private suite or the common lounge.

Car Parking

32.   Cark parking services are provided by the Airport. If you have booked car parking services at Aether, then please refer to the Airport’s Car Parking Terms and Conditions found here. By booking and accepting car parking services at Aether, the vehicle owner agrees that (a) CAVU and/or the Airport are not responsible for any loss or damage to any vehicle as a result of fire, theft, ordinary or gross negligence, or otherwise, unless it shall appear that the loss or damage was directly caused by a willful act of CAVU, the Airport, or their respective employees, (b) CAVU and/or the Airport are not responsible for articles left in the vehicles, (c) any valid claims for loss or damage must be presented before the vehicle leaves the car parking premises, and (d) CAVU and/or the Airport employees are not authorised to change the terms of this paragraph or the Airport’s Car Parking Terms and Conditions. 

9. Our Obligations 

1.      We have no responsibility to inform you of flight information or changes to flights. 

2.      We shall use reasonable endeavours to provide the Facilities during the hours advertised, but we reserve the right to vary the hours of operation or close Aether for refurbishment, relocation etc. in which the amount we have received from you will be refunded. 

3.      We shall use reasonable endeavours to ensure a suitable environment is maintained in Aether including keeping premises clean and tidy and ensuring staff are available. 

10. How do I give feedback? 

1.      If you encounter any problems with the booking process provided by a Sales Agent, please inform the Sales Agent as they are responsible for this. 

2.      If you encounter any complaints or problems with Aether, please let the Aether staff know and allow us the opportunity to rectify the problem.  

3.      If unresolved, please let us know in writing at the first available opportunity by submitting your complaint to hello@experienceaether.com. Please allow 28 days for a reply. 

4.      Unfortunately, our colleagues are not permitted to accept tips. Should you wish to show appreciation for excellent service, you may do so through our feedback channels. 

11. Force Majeure 

1.      If, by reason of operational requirements by us or any order imposed on us by the Airport or any force majeure event or occurrence, (including but not limited to fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strike, civil commotion, war, fire or explosion or any other event beyond the control of us), we are prevented, or anticipate that we will be prevented or hindered, from fulfilling the substance of our obligations under these terms, then we shall use reasonable endeavours to ensure that you are aware of the occurrence of any such event and we shall be entitled at any time, so long as such cause still subsists, to cancel your booking upon notice. Except as expressly stated in these terms, we shall not be obliged to either refund any pre-payment by you or make any other change to your booking in the event that you wish to amend or cancel your booking due to an event of the kind listed in this paragraph. 

2.      In the event of cancellation pursuant to this paragraph we shall be under no liability to you for any loss which you or your group may sustain in consequence of any such cancellation. 

12. General 

1.      If any provision of these terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these terms and the validity and enforceability of the remaining provisions of these terms shall not be affected. 

2.      These terms, together with our privacy policy and cookies policy, constitute the entire agreement between you and us relating to your use of our Website to make bookings for Aether, and supersede any prior agreements.  

3.      No failure or delay by us in exercising any right under these terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.  

4.      Written notice shall include notice sent by email. 

5.      These terms and your access to and use of the Website shall be governed by and interpreted in accordance with the laws of England and any dispute between us shall be resolved exclusively in the courts of England and Wales.