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Venue Hire Agreement

AG Hotels Group

Standard Terms and Conditions

1. Scope

1.1) This Contract is made up of those terms on which we supply services to you, the Customer.
1.2) Please read this Contract carefully before you place a booking with us. This Contract tells you who we are, how we will provide services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
1.3) In some areas you will have different rights under this Contract depending on whether you are a business or consumer. You are a consumer if:

– you are an individual; or
– you are buying services from us wholly or mainly for your personal use.

1.4) If you are a business customer this Contract constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this Contract and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.  

2. Who we are

2.1) We are a member of the AG Hotels Group.
2.2) You can contact us by telephoning our customer service team using the number provided in the Hire Details.
2.3)
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Hire Details.

3. Interpretation

3.1) In this Contract, the following definitions apply: 

  • Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
  • Business Hours: the period from 9.00am to 5.00pm on any Business Day.
  • Charges: the charges payable by the Customer for the hire of the Venue and the supply of the Services, as set out in the Hire Details.
  • Contract: the contract between the Customer and the Hotel for the hire of the Venue and supply of the Services in accordance with the Hire Details, these Venue Hire Conditions, and any Schedules or documents referred to therein.
  • Booking Fee: the booking fee to secure the booking, as stated in the Hire Details.
  • Event: the event or function for which the Customer is hiring the Venue, as specified in the Hire Details.
  • Hire Period: the period of time agreed for the hire of the Venue as described in the Hire Details, to include any period of time to set up and clear the Venue.
  • Services: the supply of catering services and consumables, and any additional services or equipment, at the Event as specified in the Hire Details.
  • Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Hire Details.

3.2) A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.
3.3) Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
3.4)
A reference to writing or written includes email.

4. Confirmation of hire

This Contract shall come into effect on the date of the Contract, or the date that the Booking Fee has been paid to the Hotel in cleared funds by the Customer, if later. Until that time, bookings for hire will be treated as provisional.

5. Supply of services

5.1) The Hotel shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.
5.2) In supplying the Services, the Hotel shall:


– perform the Services with reasonable care and skill;
– use reasonable endeavours to perform the Services in accordance with the service description set out in the Schedule;
– comply with all applicable laws, statutes, regulations from time to time in force;

5.3) The Hotel has the sole right to provide the Services at the Venue. The Customer must not use any third party caterers or bring (or permit guests to bring) any food or drink (including alcoholic drinks) into the Venue without the prior written consent of the Hotel. If the Hotel consents to the consumption of the Customer’s own beverages at the Venue, a corkage charge shall apply (such charge to be identified to the Customer by the Hotel).

5.4) In the event that the Hotel consents to the use of third-party caterers (or any other third-party service providers), the Customer agrees that the Hotel shall have no liability whatsoever in respect of any acts or omissions of such third parties and that such third parties are engaged directly by the Customer. The Customer is responsible for ensuring that any third parties hold sufficient public liability insurance and copies of such insurance policies shall be supplied to the Hotel on demand.

5.5) Where the Customer is a consumer, the provisions of clause 5.2 are in addition to all other statutory implied terms. Where the Customer is a business customer, all other terms and conditions implied by statute or otherwise are hereby excluded to the maximum extent permitted by law.

6. Licence and use of Venue

6.1) Subject to clause 10, the Hotel grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Customer acknowledges that:


– the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between the Hotel and Customer by this agreement; and
– the Hotel retains control, possession and management of the Venue and the Customer has no right to exclude the Hotel from the Venue. The Hotel reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.

6.2) The Customer agrees and undertakes:


– not to use the Venue other than for the Event;
– not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance (including but not limited to loud noises) to the Hotel or to any other customers of the Hotel, or any owner or occupier of neighbouring property;
– to comply (and where the Customer is a company, ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from the Hotel, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;
– to permit the Hotel to search all containers, bags, boxes and equipment coming into or leaving the Venue, including those brought onto the Venue by guests during the Hire Period;
– not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment or fixtures at the Venue. The Hotel reserves the right to charge the Customer any reasonable amounts required in order to make good any damage caused, or permitted to be caused, by the Customer;
– not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue;
– not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;
– not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of the Hotel such consent not to be unreasonably withheld;
– not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of the Hotel;
– to use any equipment provided by the Hotel, as specified in the Hire Details, for its proper purpose and in accordance with any instructions provided by the Hotel regarding its use;
– to leave the Venue in a clean and tidy condition and to remove the Customer’s decorations, displays and any other Customer equipment from the Venue at the end of the Hire Period;
– to ensure that all guests leave the Venue by the time the Hotel notifies to the Customer in writing (whether in the Hire Details or otherwise); and
– not to bring or permit to be brought any animal onto the Venue without the prior written consent of the Hotel, with the exception of assistance dogs within the meaning of the Equality Act 2010.

6.3) The Hotel has agreed to provide the Car Parking Spaces to the Customer on the terms of the Hotel’s car parking policy as may be in place from time to time.
6.4) The Customer shall ensure that the guests behave in a responsible and safe manner at the Event, and the Hotel reserves the right to remove or request that the Customer remove guests that do not do so from the Event and the Venue. 

7. Guest numbers and dietary information

7.1) The Hire Details indicate the guaranteed minimum number of guests attending the Event, including, where appropriate, the Customer’s staff.
7.2) The Customer shall confirm the final catering numbers at least on or before the Catering Confirmation Date. Charges for the Services will be calculated on the final catering number or the number actually attending, whichever is the greater. Where the final catering numbers are less than the guaranteed minimum number of guests specified in the Hire Details, the Customer shall pay the Charges based on the guaranteed minimum number.
7.3)
Special dietary requirements should be notified to the Hotel no later than the date specified in the Hire Details. Provision of special dietary requirements is included within the Charges (unless otherwise indicated by the Hotel).

8. Charges and payment

8.1) The Customer shall pay the Charges in accordance with this clause 8.
8.2) Unless otherwise agreed between the parties, the Hotel shall invoice the Customer for the Booking Fee, which shall be payable by the Customer within 7 days of the date of this Contract. The parties accept that the Booking Fee is reasonably required for the operation of the Hotel’s business and is required solely to protect the Hotel’s legitimate business interests.
8.3)
Unless otherwise agreed between the parties, the Hotel shall issue an invoice for the Charges (less the Booking Fee), which shall be payable by the Customer no less than 10 Business Days before the Event.
8.4)
The Hotel may issue an additional invoice after the Event for any further Charges due which were not included in the invoice issued pursuant to clause 8.2. Such Charges may include those payable for any final alterations to the Services, or for guests attending the Event in excess of the number estimated by the Customer pursuant to clause 7.2. Charges invoiced pursuant to this clause 8.4 shall be payable by the Customer within 7 Business Days of receipt.
8.5)
All amounts payable by the Customer includes amounts in respect of value added tax (VAT).
8.6)
If the Customer fails to make any payment due to the Hotel under the Contract by the due date for payment, then, without limiting the Hotel’s remedies under clause 10, the Customer 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 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%.
8.7)
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. Liability

9.1) The restrictions on liability in this clause 9 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
9.2) Nothing in the Contract limits any liability which cannot legally be limited, including liability for:


– death or personal injury caused by negligence;
– fraud or fraudulent misrepresentation; and
– breaches of the Consumer Protection Act 1987.

9.3) Subject to clause 9.2, the Hotel shall not be liable for:


– the death of, or injury to, the Customer or that of the Customer’s employees, contractors or any other guests or invitees to the Venue; or
– damage or theft of any property of the Customer or that of the Customer’s employees, contractors or other guests of invitees to the Venue, except to the extent that such damage or theft arises from the negligence of the Hotel.

9.4) Subject to clause 9.2 and clause 9.3, the Hotel’s total liability to the Customer shall not exceed the Charges.
9.5) Subject to clause 9.2 and clause 9.3, this clause 9.5 specifies the types of losses that the Hotel shall not be liable for:


– loss of profits
– loss of sales or business;
– loss of agreements or contracts;
– loss of anticipated savings;
– loss of use or corruption of software, data or information;
– loss of or damage to goodwill; and
– indirect or consequential loss.

9.6) Our responsibility if you are a consumer. If we fail to comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but, except as set out in 9.2, we are not 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.

Cancellation

10.1) The Hotel may cancel the Contract with immediate effect by giving the Customer or Customer’s authorised representative notice in writing if:


a. the Customer fails to pay any amount due under the Contract on the due date for payment;
b. the Customer commits a material breach of any term of the Contract;
c. the Customer takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 10.1(c);
d. the Customer suspends or ceases, or threatens to suspend or cease, carrying on business;
e. the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
f. the Customer is unable to perform its obligations in connection with the Contract pursuant to clause 12.1.
g. The Hotel is unable to perform its obligations as a venue

10.2) The Customer may cancel the Contract by notice in writing to the Hotel or the Hotel’s authorised representative at any time, subject to (i) the Hotel’s right to retain the Booking Fee, and (ii) the cancellation fees set out at clause 10.3 below.
10.3) If the Contract is cancelled under clause 10.1(a), clause 10.1(b), clause 10.1(c), clause 10.1(d), clause 10.1(e) or clause 10.2, the Hotel will use reasonable endeavours to re-book the venue but reserves the right to charge a cancellation fee and retain the Booking Fee. Any sums already received by the Hotel (including any Booking Fee) under this Contract will be deducted from the cancellation fee. The cancellation fee shall be:

Cancellation before the date of the Event Cancellation fee
More than 12 weeks before the date of the event 100% of the Booking Fee
More than 8 weeks but less than 12 weeks before the date of the event 50% of the Charges
More than 6 weeks but less than 8 weeks before the date of the event 75% of the Charges
Less than 6 weeks before the date of the event 100% of the Charges

10.4) On completion or cancellation of the Contract for whatever reason:


– any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and
– completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

10.5) You have rights if there is something wrong with your service. Where the Customer is a consumer, for advice on your legal rights please visit the Citizens Advice website www.citizensadvice.org.uk.

11. Data protection

Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.

12. General

12.1) Force majeure. Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance shall be extended accordingly.  If the period of delay or non-performance continues for four weeks, the party not affected may terminate this agreement by giving five days’ written notice to the affected party.

12.2) Assignment and other dealings


– The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Hotel’s prior written consent.
– The Hotel may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

12.3) Confidentiality

– Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except as permitted by clause 12.3. For the purposes of this clause 12.3, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.
– Each party may disclose the other party’s confidential information:
A. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.3; and
B. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

– Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

12.4) Entire agreement


– The Contract constitutes the entire agreement between the parties.
– Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

12.5) Variation
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.6) Waiver

– A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
– A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.

12.7) Severance
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.7 shall not affect the validity and enforceability of the rest of the Contract.

12.8) Notices

– Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
A. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or
B. sent by email to the address notified in writing by the party to be served.

– Any notice shall be deemed to have been received:
A.
if delivered by hand, at the time the notice is left at the proper address;
B.
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
C.
if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

– This clause 12.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

12.9) Third party rights. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.10) Governing law. The 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.
12.11)
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 the Contract or its subject matter or formation.

 

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