TERMS & CONDITIONS - GENERAL

GENERAL CONDITIONS OF CARRIAGE

Effective Oct 1, 2018 (Updated )

These Conditions of Carriage are the conditions on which Cold Shot (division of Balwaria Empire Pvt. Ltd) carries any person and their property and these conditions shall apply to each booking contract made for travel on Cold Shot Service.


Any person who travels on Cold Shot Service shall be considered to have agreed to be carried on the terms of these Conditions of Carriage.


Clause 1

Definitions


​In these Conditions of Carriage, the following words shall have the following meanings:


Additional Luggage means the luggage in addition to the Luggage allowance permitted for that Cold Shot scheduled service. Additional luggage (up to two pieces each with a maximum total dimension (Height + Width + Length) of 145 cm (57 inches) and weighing in total no more than 20 kg each) must be carried on a seat (additional to the one you have reserved for your carriage), which must be booked and paid for in advance.


Booking means your booking for travel on Cold Shot Scheduled service upon which a reservation is made and the Fare and Card processing Fee (if applicable) are paid.


Booking Confirmation means a print out of the document published on the Internet or email sent by us, or on our behalf, to the person making the booking which sets out our agreement to carry or arrange for the carriage of any person, including the services on which travel is booked and the fare paid.


Booking Confirmation Number means the reference number allocated to each passenger booking. It is the means by which an individual booking is identified.


Cold Shot means Cold Shot a division of Balwaria Pvt Limited, a company registered and whose registered office is at 50 Pembina Road, Sherwood Park, Alberta T8H2G9.


Cold Shot Schedule means any journey to be made, provided or arranged by us or on our behalf for the purpose of carrying persons and their luggage, which is set out in a timetable published by us.


Cold Shot Vehicle means the minibus, bus, coach or other road vehicle or other means of transport provided by us, or any other carrier on which you are travelling.


Fare means the price charged to you by Cold Shot for each seat booked for a Journey on an Cold Shot Service (excluding the Card Processing Fee) in respect of a Booking made via the www.coldshot.ca website.


Luggage Allowance means the two pieces of property, which you may bring onto Cold Shot scheduled service without charge The luggage allowance for each route is as defined on the luggage allowance page of the website .


Journey means each journey you are entitled to make on Cold Shot Vehicle as set out on your order Confirmation and Tickets.


Luggage means any property you bring onto a Cold Shot vehicle including any property carried on your person.


Station means any bus, coach or railway station or air or sea port or stop where Cold Shot is to be joined or left or through which any Cold Shot scheduled service may pass.


Walk Up Fare means the price charged to you by Cold Shot for each seat booked for a Journey on an Cold Shot scheduled Service in respect of which no Booking has been made and upon which no Booking Fee is payable.


We, Us and Our refers to Cold Shot, a division of Balwaria Empire Pvt  Limited


You means the person or persons whom we have agreed to carry, or arranged to be carried, being the person or persons who made a Booking or for whom a Booking was made. In this agreement, a reference to the singular shall include the plural and vice-versa.


Clause 2

Carriage


2.1 Our Agreement to Carry You:

We agree to carry you and your luggage allowance on the journey stated on your order confirmation and tickets subject to these Conditions of Carriage.


​2.2 Carriage of Luggage:

In addition to your luggage allowance, Additional Luggage may be carried provided that you book and pay for an additional seat upon which the Additional Luggage must be carried.


​2.3 Carriage of Children and Young Persons:

Cold Shot will carry children and young persons so long as they have purchased a seat. 


​2.3.1 Children travelling

Children under 14 years of age will not be carried unless accompanied by a responsible person aged 16 or over.


​Passengers travelling with children must provide an appropriate child restraint / seat for each child under 14 years of age or under 1.35 meters tall


Children under the age of 2 years can travel in parents lap.  Please note that if an infant seat is carried (for the infant to be placed in), then an additional seat must be booked and paid for in advance for the infant seat. 


​2.4 Carriage of Animals:

We cannot carry dogs or any other animals on any Cold Shot Service, other than guide dogs accompanying registered blind persons and hearing dogs accompanying registered deaf persons.


​2.5 Your Booking Confirmation:

Your Order Confirmation is a record of our agreement to carry you and your permission to travel upon the Cold Shot scheduled Service on which travel is booked and you have paid the Fare and Card processing fee (if applicable). If someone else made the Booking on your behalf, you agree that such person acted as your agent.


​2.6 Amendments to your Booking:

Bookings cannot be changed once made. Customers may cancel their booking (see clause 2.7) and make a new booking as and when required.


​2.7 Cancelling Your Booking:

We do not provide refunds if you cancel your Booking, save that they will be considered in exceptional circumstances.


​Exceptional circumstances include, for example, where passengers are not able to travel owing to bereavement or on medical grounds in respect of which reasonable evidence is provided.


An administration fee of $1.00 per passenger per journey will be charged in the event that we agree to change the travel date.


​Requests for refund may only be made using the appropriate online form at www.coldshot.ca or by calling our phone support numbers.


​2.8. Promotions

Promotion Code/Discount Codes on Cold Shot website: Promotion codes used on the Cold Shot websites have no cash value. Promotion codes are only valid for online booking. Terms and conditions apply.


Clause 3

3.1 Carriage By Other Carriers:


If, for operational reasons, a substitute carrier operates Cold Shot Scheduled Service Service on our behalf then such substitute carrier will be treated as our sub-contractor and these Conditions of Carriage shall apply.


​3.2 Liability in relation to carriage by another carrier:


Our Liability: To the extent that we have any liability to you for any act, omission, negligence or default of any substitute carrier, then our liability to you shall be as if we had carried you on and subject to these Conditions of Carriage and that the substitute carrier was our sub-contractor.


Entitlement of the other carrier: Where you are carried by any substitute carrier for the whole or part of any journey, you shall owe your obligations under these Conditions of Carriage to that substitute carrier as well as to us, and that substitute carrier shall be entitled to the benefit of any rights, remedies or limitations of liability you owe to use and set out in these Conditions of Carriage.


Clause 4

Passenger Responsibilities


​4.1 Checking Booking Details Prior to Purchase

When making a booking over the Internet you must carefully check the details on our website. Once you have pressed the "book now" button a Booking Confirmation with confirmation number will be displayed.


​4.2 Travelling with Your Tickets Printout

You must present a clearly printed ticket to the driver when boarding. Electronic tickets are also acceptable. The ticket is your proof of Booking and is the means by which entry to the vehicle will be granted. If you are unable to show your ticket you will not be permitted to travel. No refund will be provided for any Booking not utilised as a result of a failure to present your tickets.


If we have reason to suspect fraudulent use of a ticket, we reserve the right to refuse your permission to travel. No refund will be provided for any travel refused on the basis that fraudulent use of a Ticket is suspected.


​You must retain your ticket and may be requested to produce it at any stage of your Journey in order to prove that you are permitted to travel. If you fail to produce your ticket we reserve the right to remove you from Cold Shot Vehicle.


​4.3.1 Presenting Yourself at the Boarding Point

You should arrive at the boarding point specified in your tickets at least 10 minutes prior to the scheduled departure time for that Cold Shot Scheduled Service.


​If you arrived at the boarding point later than the scheduled departure time you will be considered to have missed the Cold Shot Service. We reserve the right to give your seat to another passenger. We shall not be liable to you if you miss a cold Shot scheduled service as a result of your late arrival. If you miss Cold Shot Scheduled Service We shall not be obliged to delay any Cold Shot Service to wait for you, or provide a seat on any other Cold Shot Service. No refunds shall be provided if you miss the Cold Shot Service.


​4.3.2 Travelling Earlier or Later Than Booked. (Travel Time Flexibility)


​4.3.2.1 Travelling on all routes.

There is no automatic entitlement to transfer to an earlier or later departure time. Passengers may be permitted to travel on services departing up to 60 minutes before or after their booked departure time, subject to seat availability, without additional payment. Priority is always given to passengers booked for that specific departure. Passengers wishing to travel more than 60 minutes before or after their booked travel time will be required to purchase a new ticket at the fare applicable at that time.


​4.4 Connections to other forms of Transport

You must allow plenty of time for Cold Shot Service to arrive in time to connect with other forms of transport provided by other carriers on which you are planning to travel. Where such other form of transport involves air travel we strongly recommend you arrive at the airport at least 2 hours before your scheduled flight departure time . Please note Cold Shot is not liable for any loss, damage, liability or cost suffered by you as a result of any delay to any Cold Shot Service.


​4.5 Joining and Leaving a Service

You may only board or leave an Cold Shot Service at designated pick up and drop off points.


4.6 Breach Of Conditions Applicable To Your Booking

If you fail in a material respect to comply with any terms and conditions governing your Booking, we may cancel your Booking and refuse you carriage or further carriage without any obligation to refund your Fare and / or Card processing fee (if applicable) and without any liability to you.


Clause 5

Cold Shot Responsibilities


​5.1 Our Obligation To Carry You:

It is our obligation to carry you, your Luggage Allowance and your booked Additional Luggage (if applicable) on the journeys booked by you as detailed on your order confirmation and tickets and subject to these Conditions of Carriage.


​We will make every reasonable effort to carry you with the minimum discomfort and inconvenience.


5.2 Timetable of Services:

The published running times of any Cold Shot Service are only stated approximately and we will try to minimise any disruption to your Journey. In the event that Cold Shot Service is cancelled or we are notified that the service is delayed by more than 15 minutes we will endeavour to notify you of the delay and any alternative timetables as soon as reasonably practicable. We do not guarantee that we will contact you. Cold Shot is not liable for any loss, damage, liability or cost suffered as a result of any delay to any Cold Shot Service.


​5.3 Our Right to Cancel Services:

We reserve the right to alter any timetables or suspend, cancel, withdraw or substitute any Cold Shot Service or terminate Cold Shot Service once it has commenced, without notice whether before or after you have made a Booking.


​5.4 Our Liability for Cancellations and Withdrawals of Cold Shot Service:

Our liability is limited to that stated in these Conditions of Carriage:


Except as provided in these Conditions of Carriage, we shall not be liable for any loss, damage, liability or cost suffered by you as a result of any cancellation or withdrawal of any Cold Shot Service by us, or any delay to or termination of any Cold Shot Service.


5.5 No Liability if you have no booking:

If we cancel or withdraw Cold Shot Service and you have not made a Booking on it, we shall have no liability to you.


5.6 Cancellation before service has commenced:

If we cancel or withdraw Cold Shot Service before it has commenced, due to a circumstance within our reasonable control and you have made a booking for travel on the Cold Shot Service concerned, our liability to you will be at our option to:


i) Carry you on another Cold Shot Service or

ii) Cancel your Booking and allow you to claim a refund for the full amount of your Fare.


5.7 Cancellation after service has begun:

If an Cold Shot Service on which you are travelling commences and is terminated before reaching your booked destination due to a circumstance within our reasonable control, our only liability to you will be to use our reasonable endeavours to make suitable alternative arrangements (for example by another Cold Shot Service or Vehicle, through a substitute carrier or by train, private car or taxi) to carry you to your booked destination provided that you shall not unreasonably refuse to travel by any alternative arrangement offered to you.


5.8 Circumstances beyond Our Reasonable Control

We shall have no liability whatsoever for any delay or failure to carry you or for breach of contract, where such delay or failure is caused by a circumstance beyond our reasonable control. Such circumstances include, but are not limited to;

  • Unforeseen Traffic Delays
  • Accidents Causing Delays on or in the vicinity of the Service Route
  • Severe Weather Conditions
  • Strike / Industrial Action
  • Terrorist or Threat Of Terrorist Action
  • Road Closures
  • Security Alerts
  • Denied Access to Airports
  • Major Event causing excess traffic congestion / road closures
  • Inspection or detention of a vehicle or passenger by a Public official


5.9 Maximum Liability:

Our maximum liability to you for any loss, damage or liability which you may suffer or incur as a result of our failure to carry you, our delay in carrying you, any breach of contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our officers, employees, agents, representatives or sub contractors shall be limited to the cost of the Cold Shot ticket purchased for that journey.


5.10 Death and Personal Injury Liability:

We do not exclude or limit our liability for death or personal injury resulting from our negligence.


Clause 6

6.1 Luggage:

As defined under Clause 2 each passenger is permitted to carry their Luggage Allowance. Luggage Allowance being two pieces of property:


The luggage allowance is as defined on the luggage allowance page of the website.


Additional luggage (up to two pieces each with a maximum total dimension(Height + Width + Length) of 145 cm (57") and maximum weight of 20 kgs per piece) may be carried, providing that an additional seat is booked and paid for in advance.


​Should a passenger present himself or herself for travel with luggage in excess of the permitted amount as defined on the luggage allowance page and has not booked an additional seat (s) as required for Additional Luggage, then carriage of the Additional Luggage will only be permitted upon payment for an additional seat(s) and subject to availability. The Walk Up Fare will be charged for such seat(s).


​Refunds will not be given to any passengers who elect not to travel because they have failed to purchase additional seat(s) for their Additional Luggage nor will a refund be granted for seats booked for the carriage of Additional Luggage and not used.


​6.2 Prohibited Items:

Certain large items (for example Skis, Sailboards, snowboards, surfboards) may or may not be permitted. The prohibited items list for each route is as defined on the luggage allowance page of the website.


​Prohibited Items (All Routes):

  • Skis, Sailboards, Golf Clubs, Windsurfers and similar items  (other than for travel on the Geneva/Chamonix service  where one set of skis or snowboard per passenger is permitted).
  • Wheelchairs (folding / non folding), Battery Powered Scooters.
  • Bicycles (folding / non folding), non-folding Prams and Pushchairs (UK).
  • Folding prams and pushchairs (GVA/Chamonix route only).
  • Weapons, Drugs (other than medicines), Solvents, Live or Dead Animals (other than as allowed under Article 2) Fish, Insects.
  • Hazardous chemicals or substances as defined under the Health and Safety at Work Acts.


Should a passenger present himself or herself for travel with any prohibited items, carriage will be denied unless the passenger properly and safely disposes of the prohibited item.


Refunds will not be given to passengers who are denied permission to travel because they are in possession of prohibited items and are unable to dispose of them prior to travel.


6.3 Responsibility for Luggage:

You are responsible for your luggage at all times.


6.4 Liability for Luggage and Personal Belongings:

We will only be liable for any loss or damage to your luggage and personal belongings caused by our negligence. Our maximum liability to you for any loss of or damage to your luggage whether for breach of contract, our negligence, or any deliberate or negligent acts of any of our employees, agents or representatives or otherwise, shall be limited to £250 per passenger per Journey. You should insure your luggage with reputable insurers against all usual and normal risks of loss or damage to the full replacement value of the luggage.


6.5 Lost Property:

If you leave or lose any of your luggage whilst travelling on Cold Shot Service and the luggage is either found by or handed to a member of Cold Shot staff we shall take reasonable care of that luggage. Such luggage will be stored at such a location as we may decide but all such storage will be at the passenger's risk. We may charge you a reasonable administration fee for the storage and return of your lost luggage.


If you do not collect your lost luggage within 1 month of our receiving or finding it, we reserve the right to dispose of it in any manner we wish, including by destruction or sale and we shall be entitled to keep any sale proceeds. We shall be entitled to open and examine any left or lost luggage. If there are any items which we consider are dangerous or perishable or otherwise unsuitable for storage, we shall be entitled to dispose of such items within 48 hours of our receiving or finding them.


If you find any property on Cold Shot Vehicle belonging to someone else, you must hand it over to the driver immediately.


Clause 7

7.1 Passenger Behaviour:


​Passengers must:

  • Wear the provided seatbelt at all times whilst the vehicle is in motion.
  • Behave in a reasonable, sensible and lawful manner whilst a passenger on any Cold Shot Vehicle or in the vicinity of Cold Shot stop or Cold Shot ticket desk.
  • Comply with any request or direction from a member of staff.
  • Use mobile telephones considerately bearing in mind the comfort of other passengers.


Passengers must not:

  • Be abusive or threatening to any member of staff or any other person.
  • Behave in any manner that endangers or threatens the safety or security of any Cold Shot Vehicle, member of staff, passenger or their property.
  • Behave in any manner, which causes discomfort, inconvenience, damage or injury to any Cold Shot Vehicle, member of staff, passenger or their property.
  • Obstruct or allow any of their luggage to obstruct any aisle, doorway or emergency exit.
  • Play any radio, cassette player, or other device (electronic or otherwise) whilst on an Cold Shot Vehicle that is audible to any other passenger.
  • Take onto any Cold Shot Vehicle any alcoholic drinks or drugs (other than medication) with the intention of consuming them or to consume them or board any Cold Shot Vehicle whilst under the influence of alcohol or drugs.
  • Take onto any Cold Shot Vehicle any hot food (for example chips, kebabs) with the intention of consuming them or to consume them.
  • Smoke whilst on board any Cold Shot Vehicle.
  • Board any Cold Shot Vehicle whilst seriously ill or suffering from any contagious disease.


Passengers who fail to comply with the above rules or who we may reasonably believe will breach or continue to breach the above rules may be denied boarding of Cold Shot Vehicle or be removed from Cold Shot Vehicle. In such cases further carriage will be denied and the Booking cancelled without refund.


Whilst Cold Shot will use its reasonable endeavours to ensure compliance by passengers with the above rules, we will not be liable for any act or omission of any other passenger whilst on an Cold Shot Vehicle.


Clause 8

8.1 Severability:

If any of the provisions of these Conditions of Carriage are or become unenforceable then this shall not affect the validity or enforceability of any of the other provisions.


8.2 Your Personal Data:

You agree that personal data entered into the site via its online forms and booking engine may be retained for up to 1 year from the date of your travel. This data will be used and disclosed by Cold Shot who is the sites data handler and processor, our agents or sub contractors for the purpose of complying with our obligations under these Conditions of Carriage including, but not limited to, administering your Booking and complying with any legal obligations.


See our privacy statement for more information.


​8.3 Amendments and waivers to these Conditions of Carriage:

None of our employees, agents, or representatives, has authority to alter, modify or waive any provision of these Conditions of Carriage.


TERMS & CONDITIONS - LOYALTY PROGRAM

LOYALTY CARD – GENERAL TERMS AND CONDITIONS – LOYALTY PROGRAM

  1. General
    The present general terms and conditions (the ‘General Terms and Conditions’) are applicable to all persons in the possession of a THE COLD SHOT Rewards Card (each individually respectively referred to as a ‘Cardholder’ or 'Rewards Card' and a ‘Loyalty Card’) and exclusively govern the contractual relation between the Cardholder and Cold Shot O/A Balwaria Empire Pvt. Ltd, with company registered office at #104 11041 105 Ave NW Edmonton, AB T5H 3Y1

    The General Terms and Conditions are valid as of 01/06/2019 and replace in their entirety all prior terms and conditions relating to the Loyalty Card and The COLD SHOT Rewards Loyalty Program.

    Cold Shot reserves the right to unilaterally change the General Terms and Conditions at any time without having to inform the Cardholder of this individually and without any right to compensation for the Cardholder. All modifications in the General Terms and Conditions are published on www.coldshot.ca (the ‘Website’). The Cardholder undertakes to reread the General Terms and Conditions on the Website on a regular basis. Use of the Loyalty Card by the Cardholder after a modification in the General Terms and Conditions on the Website shall imply acceptance of the changed General Terms and Conditions. If the Cardholder does not accept the changes, he is to inform Cold Shot by registered letter of the termination of his membership.
  2. Membership
    The Loyalty Card is issued to passengers by Cold Shot (or a participating point of sale) free of charge and with no obligation to buy. The Loyalty Card is strictly personal, non-transferable and equipped with a unique number. The Loyalty Card remains the property of Cold Shot at all times and can be reclaimed from the Card Holder on first request.

    Membership is not open to corporate entities or to managers, self-employed workers or temporary or full-time staff members of participating Cold Shot agencies.

    Cold Shot reserves the right to refuse entry to the Loyalty Programme without stating a justification, and the right not to activate a Loyalty Card.
  3. Benefits and use of the Loyalty Card
    The Loyalty Card is not a payment method.

    Upon presentation of the Loyalty Card with any purchase at the register of an agency location, Cold Shot shall record the net amount (price of the ticket purchased, reduced by any discounts, promotions, etc.) of the Cardholder’s purchases. The Cardholder can be asked to present his identity card along with the Loyalty Card to check the personal use of the Loyalty Card.

    Purchases made by a Cardholder without presentation of the Loyalty Card give no entitlement to Loyalty Points and will not be registered on the Loyalty Card later.

    Cold Shot grants Loyalty Points of one free travel to the Cardholder for every purchase of at least 6 return tickets. Unless otherwise indicated in the participating Cold Shot agency or on the Website, each purchase of 1 ticket gives entitlement to one loyalty point. Loyalty Points are granted per purchase, so that purchases of one sided travel (one way) are not added to a subsequent purchase in allocating Loyalty Points.

    The benefits related to the Loyalty Card cannot be combined with benefits of other promotional activities of Cold Shot.

    Every block of 6 validly accumulated Loyalty Points can be exchanged in a participating Cold Shot agency for a free travel on a subsequent purchase on request of the Cardholder. The accumulated loyalty points are never paid out to the Cardholder in cash. A maximum of 6 loyalty points can be accumulated on a Loyalty Card.

    If the Loyalty Card is no longer used for a period of twelve months after the last purchase, and in any case of fraud or misuse, all accumulated loyalty points expire automatically and by right, and the membership of the Cardholder shall automatically be cancelled.

    Any misuse of the Loyalty Card leads to immediate and definitive disqualification for any further membership or use of the Loyalty Card.
  4. Responsibilities of the Customer/Liability
    Cardholders who attempt to obtain or have obtained benefits from the Loyalty Card by providing false information, or in another improper or fraudulent way, are liable for any resulting damage.

    Any loss of theft of, or damage to, the Loyalty Card must be reported to Cold Shot at once, so that a new card can be issued to the Cardholder. In the event of loss or theft of the Loyalty Card, Cold Shot shall not be obliged to keep track of the purchase amounts or the number of visits. The Cardholder is personally responsible for fully informing third parties, companies or government bodies of his membership in the Loyalty Card programme, and about the offers and benefits that are available to them in the framework of the Loyalty Card.

    Cold Shot will make every effort to ensure that the benefits of membership are correctly allocated, but cannot be held liable in the event that it was not reasonably possible for it to fulfill its obligations. Under any circumstances whatsoever, and with no exception with regard to the grounds of liability, the liability of Cold Shot is limited to the amount of the benefit that the Cardholder would be or has been granted on the basis of membership and the purchases made.

    Cold Shot reserves the right to check the accuracy of the loyalty points granted and to correct this number if it believes that mistakes are established, without the right for any complaint to be formulated on these grounds.
  5. Protection of privacy
    Cold Shot is committed to protecting the privacy of Cardholders. The personal data collected by Cold Shot  in the framework of the Loyalty Card are used exclusively in compliance with the Law of 8 December 1992 for the protection of privacy with regard to the processing of personal data (hereinafter the ‘Privacy Law’).

    By accepting these General Terms and Conditions, the Cardholder gives Cold Shot permission to use his personal data for personalised offers. The Cardholder also gives permission to  communicate with him via all possible media, including e-mail and text messages. The data are used by Cold Shot and the companies affiliated with it for promotional purposes, in managing and implementing the Loyalty Card, and for sales and market analyses.

    The Cardholder has the right to inspect his personal data at any time to request improvement if they are not correct. The Cardholder has the right to object to the processing of his personal data for direct marketing purposes. The Cardholder makes a written request for this purpose to Cold Shot at the company registered office . The Cardholder can make improvements and modifications in the personal data.

    The data will be securely processed by Cold Shot and shared only with its affiliated companies, the franchisees, certain commercial partners, and certain service providers (agents), regardless of their nationality. Data are not transferred to unaffiliated third parties without the express permission of the Cardholder. The Cardholder can obtain additional information from the Commission for the Protection of Privacy (www.privacycommission.be).
  6. Termination of the Loyalty Card/Membership
    Cold Shot reserves the right to cancel the Loyalty Card and the Loyalty Programme at any time, or to replace it by another programme and to promptly terminate the membership contracts.
  7. Transfer or termination of membership
    Membership can be ended by the Cardholder at any time, with or without justification and without prior notice, by sending a registered letter to the company registered office of Cold Shot.  Cold Shot reserves the right to immediately, at its discretion, revoke or discontinue the Loyalty Card, as a result of which the membership is suspended or completely terminated, without the need for any justification.

    Cold Shot reserves the right to entrust management of the Loyalty Card to third parties for any reason whatsoever, and to turn over the agreements with the Cardholders for that purpose, without the need for justification. In that event, members are informed via the Website at least 20 days before the transfer.
  8. Disclaimer and jurisdiction
    No decision of Cold Shot to refrain from exercising or enforcing, or failure to exercise or enforce, its rights under any provision of these General Terms and Conditions shall constitute a waiver thereof, or a waiver of the right of Cold Shot to enforce any other provision of this Agreement, and no waiver by Cold Shot of any violation of any provision or stipulation of this Agreement shall be deemed to be a waiver of any violation of any other provision or stipulation thereof.

    In the event that a provision of the General Terms and Conditions should be wholly or partially legally invalid, void or for any other reason not enforceable, this provision shall be deemed to be severable from the general terms and conditions, and shall not influence the validity and enforceability of the remaining provisions.