Fennes booking terms & conditions
Fennes Limited T/A Fennes.
DEFINITIONS:
"Accommodation" the overnight accommodation at the Venue made available for you (and your designated guests) as part of your Booking
"Booking" your booking with us for the use of the Venue and associated Services and Goods as detailed in your Contract.
"Booking Fee" the non-refundable fee paid as a deposit to secure the Event Date stated on the Booking Form
"Booking Form" the document setting out your agreed Booking details at the time your Booking is confirmed
"Business Day" a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
"Cancellation Costs" the cancellation costs you will incur in the event of the cancellation of your Booking
"Catering" if stated on the Booking Form, the supply of food as set out on the Booking Form Catering Specification: the description or specification for the Catering as agreed in writing by you with us and attached to the Booking Form
"Client", "you", "your" the person or persons who are named on the Booking Form and who have signed to confirm their agreement to the terms and conditions of the Contract. All named Clients will be jointly and severally bound by the terms of your Contract and we will treat any communication or instruction we receive from you (even if only from one of you) as being communicated for and on behalf of all Clients named on the Booking Form
"Conditions" these terms and conditions as amended from time to time in accordance with Condition 1.7.
"Contract" the contract between us for the hire of the Venue and the supply of the Services and Goods as described in and in accordance with the Booking Form, these Conditions and the Venue Rules.
"Due Date" the payment date or dates stated on the Booking Form of the Scheduled Payments
"Event" is the wedding or other function as set out on the Booking Form to be held at the Venue and to be provided by us.
"Event Date" is the date upon which the Event is due to take place stated on the Booking Form
"Extras" the provision of additional Goods and/or additional Services in addition to the to those set out in the Booking Form.
"Final Date" is 42 days before the Event Date
"Final Details" are to be agreed, if possible, three months prior to the Event Date but no later than the Final Date. No changes will be permitted thereafter.
"Final Numbers" the number of persons you wish to attend the Event which are to be provided in writing no later than the Final Date. Any additions to the Final Numbers after that date will be charged at our rates prevailing at the time either separately or on the final invoice. "Goods" the goods set out in the Booking Form or the Goods Specification.
"Goods Specification" the description or specification for the supply of any goods as set out in the Booking Form
"Incidental Costs" will include, but are not restricted to, any costs incurred by rectifying damage of any kind, including any cleaning costs, and payment of outstanding sums due to us of any kind arising from the booking and use of the Venue or incurred during the Event including outstanding bar tabs and additional staff hire.
"Price" the total price payable by you to us under this Contract
"Reconciliation Invoice" itemises any Incidental Costs deducted from the Reimbursement Deposit together with any further costs incurred or outstanding.
"Reimbursement Deposit" is the sum stated on the Booking Form including VAT to cover Incidental Costs
"Running Order" is a record of all the details of the Event, which includes the provision of the Goods and/or Services, the Catering, including your guest numbers, Extras (if applicable) and any other relevant details and is sent to you no later than the Final Date
"Scheduled Payments" the amounts payable by you to us towards the Price and the timings for making those payments, as set out in the Booking Form
"Services" shall include, the Venue hire the Catering (if applicable) and the provision of items as stated in the Services Specification (if any) and the Catering Specification (if any) and any other related services purchased by you as part of your Booking and which are further described in or attached to the Booking Form.
"Service Specification" the description or specification for the Services provide in writing agreed between you and usas set out in the Booking Form.
"Venue" the Event venue (including Accommodation if applicable) as set out in the Booking Form.
"Venue Rules" our guidelines which are provided with your Booking Form and forming part of your binding Contract with us.
"We", "our", "us" Fennes Limited
1. Basis of Contract
1.1
The Booking Form constitutes an offer by us to supply the Venue, Goods and/or Services as set out in the Booking Form in accordance with these Conditions and the Venue Rules.
1.2
The Booking Form shall only be deemed to be accepted when:
1.2.1
you return the Booking Form and the Venue Rules to us signed and dated; and
1.2.2
you have paid the Booking Fee to us in cleared funds at which point, and on which date the Contract shall come into existence (Commencement Date). Until that time, all bookings for hire will be treated as provisional.
1.3
Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Venue, Goods or illustrations or descriptions of the Services contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Venue, the Services and/or Goods described in them. They shall not form part of the Contract nor have any contractual force.
1.4
These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. The Conditions are deemed to include the Venue Rules.
1.5
Any quotation given by us shall not constitute an offer and is only valid for a period of 14 Business Days from its date of issue.
1.6
All of these Conditions shall apply to the supply of the Venue and the supply of both Goods and Services except where application to one or the other is specified.
1.7
Except as expressly provided for in this agreement, no variation or amendment of this Contract or oral promise or commitment related to it shall be valid unless committed to writing and signed by all parties.
1.8
The Booking Fee is non-refundable
1.9
The offer by us in Condition 1.1 is subject to and is based on an estimated number of guests set out in the Booking Form and any additional guests shall be subject to any additional charge as set out in the Booking Form
1.10
Prices set out in the Booking Form will be held firm until the Event unless material circumstances affect us, or the Final Details are substantially amended. In which case we reserve the right to increase the price by notifying you in writing.
2. Supply of Services including Catering.
2.1
We shall supply the Services and the Catering (if applicable) to you in accordance with the Booking Form, the Service Specification and the Catering Specification in all material respects.
2.2
We shall use all reasonable endeavours to meet any performance dates, including the Event Date, for the Services specified in the Booking Form within our control, but time shall not be of the essence.
2.3
We reserve the right to amend the Service Specification and the Catering Specification if necessary to comply with any applicable law or regulatory requirement or by reason of the unavailability of requested food items or materials or products , or if the amendment will not materially affect the nature or quality of the Services, and we shall notify you in writing of any such change.
2.4
We warrant to you that the Services will be provided using reasonable care and skill and to comply with all applicable laws, statutes, regulations and codes from time to time in force.
3. Your Obligations
3.1
You shall:
(a)
ensure that the terms of the Booking Form and any information you provide in the Service Specification, the Goods Specification and the Catering Specification are complete and accurate;
(b)
co-operate with us in all matters relating to the Services, Catering and the Goods;
(c)
provide us with such information and materials as we may reasonably require in order to supply the Venue, Services, Catering and the Goods, and ensure that such information is complete and accurate in all material respects;
(d)
obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; including the services of a Registrar to perform any marriage ceremony;
(e)
comply with all applicable laws, including health and safety laws and including those reasonably brought to the attention of you and your guests by us;
(f)
comply with any additional obligations as set out in the Service Specification, Goods Specification and the Catering Specification;
(g)
inform us of any special dietary requirements or allergies / food intolerances and the likely severity of their allergy of any guest no later than the Final Date. We shall have no liability to you or any guest if you fail to provide the full and correct details to us;
(h)
ensure that both you and your guests comply at all times with the Venue Rules.
3.2
If our performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or your guests or failure by the you to perform any relevant obligation (Client Default) then:
(a)
without limiting or affecting any other right or remedy available to us , we shall have the right to suspend the availability of the Venue, the performance of the Services and delivery of the Goods until you remedy the Client Default, and to rely on the Client Default to relieve us from the performance of any of our obligations in each case to the extent the Client Default prevents or delays our performance of any of our obligations;
(b)
we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in clause 3.2(a); and
(c)
you shall indemnify us against and reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Client Default.
4. Changes to the Event up to the Final Date.
4.1
We will use all reasonable endeavours to accommodate any requested variation by you to the Booking Form, Services Specification, Goods Specification and Catering Specification (including Extras) PROVIDED THAT any variation requested by you to us must be in writing. Any such variations shall not be accepted until we provide written confirmation to you including any additional charges which must be agreed between us in writing.
4.2
No changes will be considered, accepted or agreed by us after the Final Date.
4.3
We reserves the right to increase the charges and charge additional charges for the Services on receiving any request by you to vary the Services and we shall be under no obligation to agree or undertake any such requested variation until you have agreed to any additional charges in writing and paid such charges if requested by us in writing to do so.
5. Guests and Catering
5.1
Staffing levels and food quantities are planned and provided in accordance with the Final Numbers. If a greater number of guests attend than the Final Numbers a minimum additional as set out in the Booking Form per additional person will be made. In such circumstances we cannot guarantee the normal levels of service and shall have no liability in respect thereof.
5.2
No reductions to any charges or costs will be made or agreed by us if the actual number of guests attending falls below either the number set out in the Booking Form or if increased pursuant to these Conductions in the Final Details.
5.3
Only food and drink purchased from us may be consumed on the premises. A charge will be incurred for any food or drink brought onto the premises not provided by us.
5.4
All members of the wedding party who have use of overnight accommodation must vacate the premises no later than 10.00am the day after the Event Date
5.5
Christmas decorations – It is at our total discretion when any Christmas decorations are put up / removed and will be displayed throughout the Christmas season at our total discretion. The decoration colours are also totally at our discretion and cannot be changed.
6. Health & Safety
6.1
You agree and undertake to ensure that any guest attending the Event who has a disability make themselves known to us by no later than the Final Date.
6.2
In accordance with the conditions of our Liquor Licence, we operate a strict "Challenge 25 Policy" in respect of the provision and sale of alcohol. Guests who appear to be under the age of 25 may be asked for proof of age. In the event they are unable to provide this, we will refuse to sell them alcoholic beverages.
6.3
In accordance with the conditions of our Liquor Licence, we operate a "Zero Tolerance Policy" in respect of drug and solvent abuse which is strictly enforced by our staff. Guests who are in breach of this regulation may be requested to leave the premises. You are totally responsible and fully liable for the behaviour of yourselves and your guests at all times and you shall indemnify us and keep us fully indemnified against all and any loss, damage, liability or expense suffered by reason of such behaviour. If our staff witness any drug taking, or find evidence of drug use, we will advise you and ask you to ensure that it stops. If you fail or refuse to do so or the behaviour persists then we reserve the right to immediately terminate the event and ask you and your guests to leave the premises immediately including those guests who have booked accommodation. There will be no refunds. We also reserve the right to notify the relevant authorities, including the police.
6.4
In the interests of the safety of all our guests, drinks should not be taken onto the dance floor at any time during an event.
6.5
Pyrotechnics (including for the avoidance of doubt, fireworks), smoke grenades, flares, CO2 Cannons etc. of any type are not permitted at the venue, this includes the grounds as well as the approach and exit roads. Please check with our planning team prior to confirming any external additions.
6.6
The Conditions set out in 6.3, 6.4 and 6.5 will be strictly controlled by our management team and staff at all times, and any guest contravening these Conditions will be asked to leave the premises.
6.7
We take the issue of food allergies and intolerances very seriously. Whilst we take care to preserve the integrity of our allergen-free products, we must advise you that these products are handled in a multi-kitchen environment. All dishes are prepared in an environment that we cannot guarantee will be free from gluten, milk, egg, fish, crustaceans, molluscs, tree nuts, peanuts, sesame, celery, mustard, lupin, sulphur dioxide preservatives or soya and therefore all dishes may contain traces of these and other allergens.
7. Access & Times
7.1
Access to the Venue will be available from 10.30am - until midnight on the Event Date. The Bridal Changing rooms can be accessed from 9:30am. Wedding ceremonies unless otherwise agreed will not be held before 12 noon on the Event Date.
7.2
Licencing Extensions until 1am may be obtained if you apply in writing to us as soon as reasonably possible but not later than 28 days before the Event Date and are subject to an additional venue fee. Please note that an extension has not been agreed until the relevant licence has been issued to us and you have paid the appropriate fee and are in receipt of written confirmation from us.
7.3
We reserve the right to make an additional charge of £1000 plus VAT if the above times and limitations are not adhered to.
8. Overnight Accommodation
8.1
Rooms that are required for overnight accommodation will be charged at the applicable rate.
8.2
Access to the rooms will be from 12.00 noon on the Event Date unless otherwise agreed in writing.
8.3
Rooms must be vacated and all personal belongings removed by no later than 9.00 am of the morning following the Event unless otherwise agreed in writing.
8.4
We reserve the right to charge you in respect of any guest who has not vacated their room by the agreed time.
8.5
There is a strict no smoking policy in respect of all our bedrooms and you shall be liable for any damage caused by your guests to any bedroom including all cleaning costs.
9. Charges and payment
9.1
The price for the Venue, Services and Goods shall be the price set out in the Booking Form together with any Extras or Incidental Costs incurred
9.2
We reserve the right to:
(a)
increase the price of the Venue, Goods, or the Services by giving notice to you at any time before the Event Date, to reflect any increase in the cost of the Venue, Goods or the Services to us that is due to:
(i)
any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other service or produce costs);
(ii)
any request by you to change the Event Date, quantities or types of Goods or Services ordered, or the Services Specification or Goods Specification; or
(iii)
any delay caused by any instructions made by you in respect of the Services or the Goods your failure to give us adequate or accurate information or instructions in respect of the Goods or the Services.
9.3
You shall pay each invoice submitted by us:
(a)
on each and every Payment Date set out in the Booking Form
(b)
in full and in cleared funds to a bank account nominated in writing by us , and time for payment shall be of the essence of the Contract.
9.4
If you fail to make any payment on any Due Date or pursuant to Condition 9.3 without prejudice to any other remedies we may have, we reserve the right to cancel the Event and shall be entitled to all monies including Booking Fees paid by you to us as compensation for breach of the Contract.
9.5
All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us , pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
9.6
If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under these Conditions and for breach of contract you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.6 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
9.7
All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9.8
All bookings are subject to a Reimbursement Deposit.
9.9
In the event that there are no Incidental Costs, refund of the Reimbursement Deposit will be made promptly but no later than 21 working days after the Event Date.
9.10
We reserve the right to deduct from the Reimbursement Deposit any sum to settle Incidental Costs and any other outstanding accounts.
9.11
Any costs above and beyond the Reimbursement Deposit shall be itemised in the Reconciliation Invoice which shall be due for payment within seven Business Days of presentation.
9.12
Gratuities are not included and are at your discretion.
9.13
You hereby authorise us to charge such amount as may be outstanding or payable under the terms of the Contract or any additional costs that have been agreed between us to the debit or credit card that has been used for any earlier payment.
9.14
Any refunds due to you will only be made via the original payment method used by you.
10. Cancellation
Cancellation by us (Venue)
10.1
We may cancel your Booking with immediate effect by giving you notice in writing (including by email) if:
10.1.1
you fail to pay any of the Scheduled Payments when they are due and you have not made payment 28 days , or, if non-payment is within nine months of your Event Date, 14 days, after being asked by us in writing to make such payment. In this situation, the cancellation will take effect on the date that the Scheduled Payment was originally due; or
10.1.2
you commit a serious breach of any of your obligations under your Contract and do not remedy this breach within 14 days of being asked by us to remedy the breach, or you otherwise indicate that you intend to commit a serious breach the terms of your Contract (including the Venue Rules).
A 'serious breach' includes any failure to make Scheduled Payments, and also:
(i)
any breach of your Contract which breaches any law or regulatory requirement, poses a health, safety or fire risk or which otherwise jeopardises any of our operating licenses;
(ii)
you demanding that we do anything that we cannot or should not do (due to such action breaching any law or regulatory requirement, posing a health, safety or fire risk or otherwise jeopardising any of our operating licenses), or you otherwise demanding that we permit you do anything that breaches any law or regulatory requirement, poses a health, safety or fire risk or otherwise jeopardises any of our operating licenses, after we have informed you that it is not permitted.
10.3
We also reserve our right to cancel your Booking with immediate effect by giving you notice in writing if you engage in unacceptable conduct and have persisted with such unacceptable conduct for more than 14 days after we have asked you to stop. Any such cancellation will remain at our discretion. We treat the following as examples of unacceptable conduct:
10.3.1
any threatening, abusive or derogatory behaviour towards our staff (which includes verbal and written abuse, comments and remarks) or conduct intended, or which is likely, to have the effect of damaging our reputation;
10.3.2
you failing to provide mandatory information we require from you to carry out our obligations under your Contract.
10.3
If your Booking is cancelled in any of the above scenarios, you agree that the Cancellation Costs set out in the 'Cancellation Costs Table' (Condition 11) below will apply and be payable by you to us. We will also not be responsible for any costs that you continue to incur despite your Booking being cancelled. For example: non-refundable payments to other suppliers for services you have booked.
10.4
We will take reasonable steps to mitigate our losses that result from your cancelled Booking. The Cancellation Costs will be subject to deductions (in the form of a refund at a later date) to the extent that we are able to mitigate our losses wholly or in part (for example, by reselling your cancelled Booking), subject to any such deductions to account for losses we are not able to mitigate.
10.5
If we cancel your Booking due to no fault of our own (or any Unexpected Event – see Condition 13 below) we will not be responsible for any costs that you may continue to incur despite your Booking being cancelled.
10.6
Unless we cancel your Booking because you have seriously breached the terms of your Contract, or due to an Unexpected Event (please see Condition 13), we will refund to you all payments made by you towards the Price. Please note that we may be entitled to retain our own proportionate expenses if you are also partly at fault and in breach of your own obligations under your Contract with us or have otherwise engaged in unacceptable conduct (for unacceptable conduct, see Condition 10.3)
Cancellation by you (Client)
10.7
You may, at any time, end your Contract with us. However, your rights to any refund of the Price, or part thereof, will depend on when you decide to end your Contract.
10.8
If you wish to cancel your Booking, for whatever reason, you must contact us in writing (which can be by email). Unless we agree otherwise with you, your cancellation will come into effect on the date that we confirm receipt of your request to cancel (which we will not delay unreasonably).
Please note: We will treat each written notice to cancel that we receive from you (even if from only one of you) as being communicated jointly for and on behalf of all Client(s) named on the Booking Form.
10.9
Cancellation where we are not at fault: Except as set out in Unexpected Events at Condition 15below, if you cancel your Booking, you agree that the Cancellation Costs set out in the Cancellation Costs Table (Condition 11) will apply and you agree that they will be payable by you to us.
10.10
We will take reasonable steps to mitigate our losses that result from your cancelled Booking. The Cancellation Costs will be subject to deductions (in the form of a refund at a later date) to the extent that we are able to mitigate our losses wholly or in part (for example, by reselling your cancelled Booking), subject to any such deductions to account for losses we are not able to mitigate.
10.11
Upon your cancellation of your Booking, we will issue an invoice to you for any balance between the payments made and the Cancellation Costs, which you agree to pay to us (in cleared funds) within 14 days of the date of the invoice. If your payments towards the Price already made are more than the Cancellation Costs, we will refund the balance to you within 14 days of our confirming receipt of your request to cancel.
10.12
If you wish to cancel your Booking due to our delay, hindrance or prevention from providing the Venue and / or performing any of the Services due to an Unexpected Event, you will be liable only for the amounts set out in the 'Unexpected Events' (Condition 15) and not the (higher) Cancellation Costs applicable to Client cancellations where there is no Unexpected Event.
11. CANCELLATION COSTS TABLE - FOR CANCELLATIONS WHERE WE ARE NOT AT FAULT
11.1
The below Cancellation Costs have been carefully calculated as a pre-estimate only of our losses that directly result from your cancelled Booking. This includes the costs of services provided to you before cancellation, the unavoidable expenses we will incur and our direct loss of profit (including the value of your booked date and likelihood of us being able to rebook your cancelled Booking) and our management costs which are charged at £85 plus VAT per hour.
Cancellation Costs
Date of Client cancellation Cancellation Costs are calculated as a percentage (%) of the Price 12+ months before Event Date The Booking Fee 9-12 months before Event Date 25% 6-9 months before Event Date 50% 3-6 months before Event Date 75% 0-3 months before Event Date 100% Please Note: For very late cancellations of less than [20] days, you may also be required to compensation us for additional unavoidable costs we incur as a result of your cancelled Booking, if our costs exceed the above Cancellation Costs. For example, if we have already purchased perishable products for your Booking based on your catering requirements.
12. Change of Event Date Costs
12.1
If you wish or decide to change your Event Date we cannot guarantee that your original Booking Price will remain the same.
12.2
If we agree, subject to contract, to a change to your Event Date we will provide you with a new Booking Form which must be returned to us pursuant to Condition 1.2 to secure your new Event Date and these Conditions shall continue to apply and be binding on you save for any additional charges payable as set out in Condition 12.2.
12.3
We reserve the right to charge a change of Event Date cancellation fee in respect of the cancellation of the original Event Date as set out in the Change of Event Date Cancellation Costs table below.
Change of Event Date Cancellation Costs
Date of Client Event Date Change Cancellation Costs are calculated as a percentage (%) of the Price 12+ months before Event Date 10% 9-12 months before Event Date 15% 6-9 months before Event Date 20% 3-6 months before Event Date 30% 0-3 months before Event Date 40%
13. Loss Damage and wedding insurance
13.1
You should make their own arrangements to insure such property of yours as we accept no liability for their loss or damage.
13.2
Any property belonging to you or your guests including wedding gifts, clothing, money or valuables are left at the Venue at your and your guests own risk.
13.3
We reserve the right to require you to reimburse us for the cost as new of any goods fixtures or other equipment which become lost or damaged either accidentally or wilfully as a result of action taken by you or your guests and to indemnify and refund to us any Incidental Costs incurred.
13.4
Subject to Condition 13.6 below, you are required, as part of your Booking with us, to obtain wedding / event insurance that provides (as a minimum) sufficient cover for the risk of your Booking being unable to proceed as a result of an Unexpected Event. This is due to your financial commitments to us if your Booking is cancelled because of an Unexpected Event. You are also recommended to consider more comprehensive wedding / event insurance against your other risks (such as potential financial commitments to other suppliers for your event and also your own expenditure if, for any reason other than an Unexpected Event, your Booking is cancelled or otherwise disrupted).
13.5
As part of your above obligation and our further recommendation to insure, we strongly recommend that you check with your insurance provider that the policy sufficiently covers your particular circumstances. For example: your payment obligations to us (and other wedding suppliers etc.) if your Booking is cancelled or postponed and other losses due to unforeseen circumstances (see 'Unforeseen Events' Booking Term above).
13.6
If you choose not to or are otherwise unable to obtain wedding / event insurance that provides sufficient cover for your risks under your Contract, you agree that this is at your own risk. We will, however, not treat you choosing not to take out insurance (or being unable to obtain insurance) as a breach by you of your Contract.
14. Limitation of liability: THE CLIENTS ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION.
14.1
Subject to Condition 14.5, our total liability to you shall not exceed the total price as set out on the Booking Form. You are totally responsible for making your own arrangements for the insurance of any excess loss you may suffer including wedding insurance (see Conditions 13.4 to 13.6).
14.2
The restrictions on liability in this Condition 14 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
14.3
Subject to the financial limitation in Condition 14.1 and subject further to the exclusions in Condition 14.5 we shall be responsible to you only for foreseeable loss and damage caused directly by us. If we fail to comply with the Contract we shall only be responsible for loss or damage you may suffer that is a foreseeable result of our acts or omissions or being in breach of the Contract or by us failing to use reasonable care and skill
14.4
We shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both of us knew that as a result of our acts or omissions or breaches the loss would arise.
14.5
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the your legal rights in relation to the Services or Goods including the right to receive Services and/or the Goods which are as described and supplied with reasonable skill and care.
14.6
We shall not be liable for business losses. The Services and Goods have been supplied only for private use If you use the Service or Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.7
Unless you notify us that you intend to make a claim in respect of the Event or otherwise within the notice period, we shall have no liability for that Event or any other claim. The notice period for you to bring any claim in respect of the Event or any other claim shall start on the day on which you became, or ought reasonably to have become, aware of the breach of the Contract or other any claim having occurred and shall expire three months from that date. The notice must be in writing and must identify the Event and the grounds for the claim in reasonable detail.
14.8
This clause 14 shall survive termination of the Contract.
15. Unexpected Events
15.1
An 'Unexpected Event' (otherwise known as a 'force majeure event') means a cause or circumstance not within our reasonable control (as listed below) which affects the performance of our obligations under your Contract:
a.
acts of God (flood, drought, earthquake, other natural disaster, severe weather warning or adverse weather event);
b.
collapse of buildings, fire, explosion or accident;
c.
epidemic or pandemic (this includes but is not limited to COVID-19), in each case including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) or outbreak at the Venue;
d.
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
e.
nuclear, chemical or biological contamination, or sonic boom;
f.
any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; and
g.
interruption or failure of utility service.
15.2
If we are delayed, hindered or prevented from providing the Venue and / or performing any of the Services or supplying any of the Goods due to an Unexpected Event we will contact you as soon as possible to let you know. We will also take reasonable steps to minimise the impact of such Unexpected Event. Please Note: We will not be in breach of our obligations to you under your Contract to the extent we are delayed, hindered or prevented from doing so to you due to the Unexpected Event.
15.3
If an Unexpected Event occurs, we will discuss our proposed steps to minimise the impact of the Unexpected Event and your options with you. These options will differ on a case-by-case basis depending on the nature of your Booking and the impact of the Unexpected Event, but without limitation and completely at our discretion the first option we may consider will be offering you an alternative date for your Event.
15.4
If we are unable to agree on a suitable option for you to minimise the impact of the Unexpected Event, you may contact us (or we may contact you) to end your Contract with us and cancel your Booking.
15.5
If your Booking is cancelled as a result of an Unexpected Event, you will be entitled to a refund of monies paid (or, where applicable, a release from further liability to make payment) under your Contract, less:
a.
our reasonable expenses incurred in relation to your Booking up to the date of cancellation including without limitation our management costs which are charged at £85 plus VAT per hour;
b.
our unavoidable expenses we will incur in relation to your Booking after the date of cancellation (for example, expenses we are committed to pay to external suppliers and pre-ordered products that we cannot cancel);
c.
the loss of the Event Date.
Please note: when calculating our reasonable expenses incurred in relation to your Booking, we may include within these calculations our overhead expenses relevant to your booked Venue useand Services (for example, staffing and Venue maintenance costs to prepare the Venue for and / or provide Services associated with your Booking). Staff managing your booking are charged at £85 plus VAT per hour.
15.6
An indication of the likely (maximum) expenses incurred by us as a percentage of the total cost of your Booking at various stages is set out in the 'Unexpected Events Retained Costs' table below:
Date of cancellation due to Unexpected Event Our retained costs are calculated as a percentage (%) of the Price 12+ months before Event Date 5% 9-12 months before Event Date 10% 6-9 months before Event Date 15% 3-6 months before Event Date 20% 0-3 months before Event Date 25% Please Note: We will make every effort to calculate our retained costs as quickly as possible and will also deduct any costs we are able to mitigate. This includes if we receive payment under a relevant insurance policy.
15.7
Upon your cancellation of your Booking due to an Unexpected Event, if your payments towards the Price already made are more than the Unexpected Events retained costs, we will refund the balance to you within 14 days of our confirming our total retained costs. If your payments towards the Price are less than the Unexpected Events retained costs, we may at our discretion issue an invoice to you for the balance, which you agree to pay to us (in cleared funds) within 14 days of the date of the invoice.
15.8
Please note: If you wish to cancel your booking due to our delay, hindrance or prevention from providing the Venue and / or performing any of the Services due to an Unexpected Event, you will be liable only for the above amounts and not the (higher) Cancellation Costs applicable to Client cancellations where there is no Unexpected Event.
16 Minor changes to the Venue and / or Services and/or Goods
16.1
Please Note: We may change the Venue and / or Services and or Goods without giving you prior notice if those changes are required:
a.
to reflect changes in relevant laws and regulatory requirements; or
b.
to implement minor adjustments and improvements.
16.2
These changes will only be made without your agreement if they do not negatively affect your use of or the value of the Venue and / or Services and/or Goods and the cause of any such change will not be treated as an Unexpected Event.
16.3
Please Note: Minor changes may include us making cosmetic and / or structural changes to the Venue if we reasonably believe those changes will improve the Venue and / or Services and/or Goods for our customers.
17. Severability
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
18. Waiver
No delay, neglect or forbearance on the part of either party in enforcing against the other party any of these Terms and Conditions shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms and Conditions. No right, power or remedy in these Terms and Conditions conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
19. Rights of Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 nothing in this Contract shall confer or purport to confer on any third party any benefit or the right to enforce any term of this Contract.
20. Agency, Partnership
This Contract shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between us other than the contractual relationship expressly provided for in these Terms and Conditions.
21. Assignment
These Terms and Conditions are personal to both parties and neither these Terms and Conditions may be assigned by either party without the prior written approval of the other party.
22. Governing Law
This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
23. Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.