Terms & Conditions of Venue Hire and Service Provision
Here is an example of the wording which will be attached to your order acknowledgement which you will receive by email. By paying your deposit, you will be confirming your booking and agreeing to be bound by the terms and conditions set out in the order acknowledgement:
1.1. In these terms, the following words and phrases shall have the following meanings:
1.1.1. Common Areas: the access, parking and other areas of the Venue site.
1.1.2. Contract: these terms, the House Rules and the Order Acknowledgement.
1.1.3. First Instalment; Charges; Deposit; Final Instalment; Function; Hire Period; Maximum Capacity Us; You; have the meanings stated on the Order Acknowledgement at 7.2
1.1.4. Hire Charge: the charges for the Licence as set out in the Order Acknowledgement.
1.1.5. House Rules: the rules of the Venue a copy of which is set out at the end of these terms and conditions or will be available on arrival.
1.1.6. Licence: the licence entered into by this Contract for use of the Venue.
1.1.7. Order Acknowledgement: Busses Farm order acknowledgement form stating details of the Contract.
1.1.8. Venue: the function barn and grounds of Busses Farm excluding any area marked or notified to you as private or out of bounds. The headings do not affect the interpretation of the Contract. Any reference to a party’s employees includes its agents and sub-contractors. Where the context so requires the singular includes the plural and vice versa.
1.2. The headings do not affect the interpretation of the Contract. Any reference to a party’s employees includes its agents and sub-contractors. Where the context so requires the singular includes the plural and vice versa.
2. Application of terms
2.1. These terms and conditions will apply to and be incorporated in the Contract and apply to all dealings relating to the Licence, the Services and any additional services between Us and You.
2.2. These terms and conditions will prevail over any inconsistent terms or conditions contained in or referred to in written or oral correspondence or implied by law, trade custom, practice or course of dealing.
2.3. No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding on Us unless in writing and signed by Our duly authorised representative.
2.4. If You wish to vary any part of the Contract (subject to clause 2.4.1 below), you must request such a variation in writing to Us. We shall respond to the You within 14 days as to whether We are prepared to agree to the change and, if so, details of the cost of the change, any effect on any other part of the Contract including any change in timescales. You may accept such proposal within such time as We may specify or, if none, within 30 days, failing which it shall be deemed rejected. Pending acceptance or rejection We may continue to perform the Contract without reference to the request.
2.4.1We will consider reasonable requests to change the dates of the Hire Period ifthe number of nights and the season remain the same, subject to availability.Any such requests to change the date must be made within 12 weeks from the dateof this Contract.
3. Hire of Venue and Provision of Services
3.1. In consideration of the paymentfrom You to Us of the Charges, We grant You our full permission to use theVenue and the Common Areas for the Function during the Hire Period, subject tothe terms and conditions of this Contract.
3.2. In granting this permission nowarranty as to the Venue’s fitness for purpose in conducting the Function isgiven by Us.
3.3. This Licence shall continue infull force (unless terminated in accordance with clause 11 or clause 12) forthe Hire Period.
3.4. Setting up and dismantling ofthe Function must be carried out within the Hire Period. We can separatelyagree on access times to the function barns for the purposes of setting up anddecorating.
3.5. The Venue is hired to You on anexclusive let only basis. No Services will be provided by Us. N.B. The runningof the Function is not Our responsibility on a venue only hire.
3.6. The Maximum Capacityfor the venue is 150 guests for a ceremony, wedding breakfast or reception.This does not include under 12’s or staff/caterers.
3.7. Rooms foraccommodation are provided with bed linen, towels, hot water and centralheating for the allocated number of guests.
3.8. Camping is includedand unlimited for your numbers depending on the package you require. We allowcampervans and caravans subject to ground conditions but do not supply power orrunning water.
4. Contractual term
4.1. Any pricing estimate is validfor a period of 14 days only, and We may withdraw it at any time by notice toYou.
4.2. Your order or acceptance of apricing estimate for the Venue Hire and Services by You shall be deemed to bean offer by You subject to these conditions. You shall ensure that Your orderis complete and accurate.
4.3. A binding contract shall notcome into existence between Us and You unless and until We issue an OrderAcknowledgement to You, or, if earlier, when the Hire Period begins.
4.4. Our employees are not authorisedto make any contractually binding representations concerning the Venue or Licence.In entering into the Contract, You acknowledge that You do not rely on, andwaive any claim for breach of, any such representations which have not beenconfirmed in writing by Aafke Bauer.
5. Your obligations
5.1.You shall procure that any employee, invitee, guest, third party serviceprovider, participant or exhibitor shall:
5.1.1. use the Venue for the solepurpose of staging the Function;
5.1.2. not use the Venue for anyillegal or immoral purpose;
5.1.3. not allow dogs or other animals into the Venue or the Common Places without Our prior permission; Permitted dogs must be on leads and under control at all times;
5.1.4. not contract with parties onterms which are in conflict with these terms and conditions;
5.1.5. conduct the Function in adecent and orderly fashion;
5.1.6. ensure that your guests behavein a polite and reasonable fashion;
5.1.7. not exceed the MaximumCapacity for the Venue;
5.1.8. not make excessive noise and in any case not permit or facilitate noise levels which exceed levels recommended by Environmental Health. Please see our House Rules and Regulations.
5.1.9. be responsible for ensuring compliance with all health and safety requirements relevant to holding the Function at the Venue during the Hire Period;
5.1.10. procure that any person acting in a way (or not acting in a way) which, in our reasonable opinion is or may be undesirable, inappropriate, obscene, harmful (including to our reputation or commercial interests) illegal or constitutes a breach of the peace is removed from the Venue or Common Areas;
5.1.11. procure that all third parties contractors, agents, employees and exhibitors are provided with copies of House Rules and will procure their compliance with those rules;
5.1.12. be responsible for all third parties contracted to provide Services for the Function;
5.1.13. comply with all our reasonable directions;
5.1.14. not use generators or alter, interfere or move any lighting, heating, power or other electrical fittings or appliances in the Venue or Common Areas without our prior consent;
5.1.16. not cause or cause to be done any damage to the Venue or to any fittings or equipment in the Venue;
5.1.17. not affix any poster, advertisement, sign, direction, sticker, use tack or other material to the Venue or Common Areas or public highway elsewhere unless written notice of such has been supplied to Us and agreed;
5.1.18. not cover or obstruct fireexits (including light boxes), bring liquid petroleum gas to the venue, trailcables across floors without the aid of ramp channels;
5.1.19. not use or operate a BBQ orto use real or artificial smoke or permit persons to smoke at or in the Venueor Access Areas;
5.1.20. not to have any fireworks orfires at the Venue without our prior written consent and unless organised by aqualified display team who have their own comprehensive insurance.
5.1.21. not obstruct access orknowingly permit congestion on any road, building or path on the Venue orCommon Areas or adjoining highways or neighbouring proprieties;
5.1.22. comply with any health andsafety rules and requirements and legislation as is appropriate to conduct theFunction; or
5.1.23. provide Us with access to,and use of, all information and documentation reasonably required by Us for theperformance of Our obligations under this Contract (for example requirements ofyour service providers such as electrical/water utilities)
5.2. We shall not be liable for any delaysin providing the Venue resulting from Your failure to fulfil any of Yourobligations set out in 5.1 above. We reserve the right to invoice You for anyadditional expenses reasonably incurred by Us as a result of such delays.
6. Exclusions from the Contract
6.1.Unless specified in Our Special Conditions section of this Contract, thisContract does not include the provision of any staff or personnel (includingin-house wedding co-ordinator), refreshments, catering or catering facilities,band, DJ, disco, flowers, registrar, marquee, transport, wedding licences orbar services.
7.1. The Booking Deposit shall bepaid in full in cleared funds at the date of signing the Contract. The BookingDeposit shall be non refundable.
7.2. The Final Instalment shall bepaid 4 weeks before the date of the Hire Period. You agree that any damage tothe Venue and the fixtures and fittings therein will be paid for. Any decisionmade by Us on what constitutes damage shall be final. In addition we shalldeduct excessive cleaning costs incurred by Us for example from soiled carpets.
7.3. You shall pay the First Instalment and the Final Instalment on the dates setout in the Order Acknowledgement. Time for payment of each and every instalmentshall be of the essence of the Contract.
7.4. If You fail to make payment ofan instalment in full on the relevant due date, the whole of the balance of theHire Charge then outstanding shall become immediately due and payable and,without prejudice to any other right or remedy available to Us, We may:
7.4.1. appropriate any payment made by You to any outstanding sum; and
7.4.2. charge interest on the amountoutstanding from the due date to the date of receipt by Us (whether or notafter judgment), at the annual rate of 2% above the then current base lendingrate of HSBC plc, accruing daily and compounded quarterly.
7.5. If payment of an instalmentremains outstanding for more than 14 days after the relevant due date We mayimmediately terminate the Contract and the Licence on written notice to You.
7.6. No access to the Venue or CommonAreas shall be provided until payment has been received by Us in full.
7.7. If We either provide anyservices not specified on the Order Acknowledgement then We shall charge forthe same at Our then current prices and You shall pay any invoice raised priorto leaving the Venue.
8. Our Obligations and Rights
8.1. We reserve the right (withoutliability to you) to prevent access to or to remove from the Venue any personor persons acting in a way which in our sole opinion may cause a breach of thepeace or may be considered to be harmful, undesirable or offensive.
8.2. Where in Our sole opinion anysituation or action or Function occurring during the Hire Period is a breach ofthis Agreement or may constitute a danger to public safety including the safetyof the persons present at the Function, we reserve the right to suspend orcontrol the Function in such manner and to such extent as we may considernecessary.
8.3. We reserve the right to inspect, carry out repairs, replace and modernise the Venue and take such other steps as may be necessary to erect and maintain scaffolding or other temporary structures or equipment around or within all or part of the Venue with consequent inconvenience to visitors provided that:
8.3.1. in exercising this right We shall have regard to any reasonable representations that You may make; and
8.3.2. such works and structures shall not materially interfere with or prevent the holding of the Function.
8.4. If at the end of the HirePeriod, We are not reasonably satisfied that the Venue or Common Areas are leftin a suitable condition, We reserve the right (at your cost) to remove from theVenue all structures, goods, equipment, waste and other materials broughtonto/into the Venue or Common Areas by You, Your guests, invitees or Functionparticipants, or Your employees and to treat any such structures, goods,equipment, waste or other materials regardless of their nature, state orcondition as refuse and dispose of the same at your cost.
9. Catering Services
9.1 Any Caterers used by You for theFunction must be registered with a relevant Local Authority.
9.2 You will notify us of Yourcatering service provider within 7 days of the start of the Hire Period.
9.3 You are responsible for ensuringthat the Caterers remove all their equipment from the Venue and ensure that allthe waste is removed from the Venue and disposed of off site in accordance withall relevant environmental protection legislation.
10. Cleaning Services
10.1.At the start of the Hire Period we will provide you with a clean Venue. Duringthe Hire Period you must use reasonable endeavours to keep the Venue and theCommon Areas relatively clean.
10.2.At the end of the Hire Period we will clean the Venue and the Common Areas. Ifcleaning is required in excess of what we consider to be normal for such afunction we will charge additional reasonable cleaning costs to You.
11. Cancellation by You
11.1. You may terminate this Contractand cancel the Venue Hire at any time by giving us notice in writing. In allcircumstances your Booking Deposit will be forfeited and not returned.
11.2. If You terminate the Contractand cancel the Venue Hire after the First Instalment and/or Final Payment, Wewill not refund the amounts paid.
11.3. Notwithstanding clause 11.2 wewill refund all of the First Instalment and/or the Final Instalment if we areable to book a function on comparable terms with a comparable level of Chargesfor the Hire Period. Such refund will be made after we receive the FinalInstalment from the comparable function. We are under no duty to activelypursue a comparable booking.
12.1. Either party may terminate thisContract forthwith on giving notice in writing to the other if one party ceasesto carry on business, You (being an individual) are adjudicated bankrupt ordie, or either party commits any serious breach of any term or obligation ofthis Contract and (in the case of a breach capable of being remedied) shall havefailed, within 14 days after the receipt of the request in writing from theother to do so, to remedy the breach.
12.2. We may terminate this Contractif You fail to pay any sum due under the terms of this Contract and such sumremains unpaid for 14 days after written notice from Us that such sum has notbeen paid.
12.3. We may terminate the Contractimmediately by giving written notice if You, Your employees, invitees orexhibitors fail to perform any of the obligations set out in this Contract.
12.4. We may terminate this Contractat any time without being required to give any reason for such termination. Wewill try to give You as much notice as possible of termination. If such refusalis made following Our receipt of cleared funds We will promptly reimburse Youany monies paid by You (including the Deposit) in respect of the contract butYou shall have no claim against Us for any loss or damage which You may sufferas a result of such termination.
12.5. If We terminate this Contractin accordance with this clause 12.1, 12.2, 12.3 or clause 7.5 We will notprovide any refund of any amount paid by You.
13. Consequences of expiry of the Hire Periodor Termination
13.1.Termination of the Contract, however arising, shall not affect or prejudice theaccrued rights of the parties as at termination or the continuation of anyprovision expressly stated to survive or implicitly surviving termination.
13.2.In the event of this Contract being terminated whether by expiry of the HirePeriod or by virtue of clause 12 you shall immediately:
13.2.1.Vacate the Venue and the Common Areas and procure Your employees, agents,invitees or exhibitors to do the same;
13.2.2.Procure that all equipment, materials and vehicles belonging to You, Youremployees, agents, invitees and exhibitors are removed from the Venue and theCommon Areas and the Venue and Common Areas is left in a clean, tidy and litterfree and secure condition, ensuring all fixtures and fittings within the Venueare in the same condition and position as they were found at the beginning ofthe Hire Period;
13.2.3.Remove all rubbish, bottles, cans and cardboard boxes. There are blue and greycontainers available for disposal of such. A reasonable charge will be made forany excessive amount of debris remaining.
13.2.4.Pay to Us the balance of all sums due, or additional charges pursuant to or inconnection with this Contract.
14. Limitation of liability
14.1. The following provisions setout each party’s liability to the other party (including any liability for theacts or omissions of its employees) in respect of any breach of the Contractand any representation, statement or tortious act or omission (includingnegligence) arising out of or in connection with the Contract.
14.2. All warranties, conditions andother terms implied by statute or common law are excluded from the Contract tothe fullest extent permitted by law.
14.3. Nothing in these conditionsexcludes or limits Our liability for death or personal injury caused by Ournegligence or fraud or fraudulent misrepresentation.
14.4. Subject to condition 14.3:
14.4.1.Neither party shall be liable for any loss of profits, loss of business,depletion of goodwill or similar losses or for any special, indirect orconsequential loss, costs, damages, charges or expenses howsoever arising; and
14.4.2.Each party’s total liability in contract, tort (including negligence or breachof statutory duty), misrepresentation, restitution or otherwise, arising inconnection with the performance or contemplated performance of the Contractshall be limited to two times the Hire Charge.
15.1.You shall indemnify Us and keep Us indemnified against all direct proceedings,liabilities, damages, losses, claims and costs, expenses, demands andproceedings whatsoever arising whether in contract, tort or otherwise, arisingout of or in connection with all or any of the following:
15.1.1. The injury or death of anyperson within the Hire Period at the Venue or in the Common Areas;
15.1.2. The loss, theft, destructionor damage to the goods or property of any person entering the Venue or CommonAreas during the Hire Period;
15.1.3. Any act or omission,negligence or other thing done by You or any other person coming or being atthe Venue or Common Areas by Your direction, invitation or permission;
15.1.4. All damage to the Venue andCommon Areas during the Hire Period;
15.1.5. Any claim made by any personparticipating or attending at the Function or employed (includingsubcontractors and agents) by You for the purposes of the Function; and
15.1.6. Any act or omissionwhich affects the reputation and goodwill of the Venue or Us.
16.1.You undertake to obtain and keep in full force and effect (at Your expense)such policies of insurance as are necessary in respect of your obligations andliabilities under this Contract and in order to conduct the Function.
16.2. We recommend that Youobtain separate insurance for Your Function.
17. Dispute Resolution Procedure
17.1. If any dispute arises inconnection with this Contract, Our senior representative with authority tosettle the dispute will, within 7 days of a written request from Us or You,will meet with you promptly in good faith to resolve the dispute.
17.2. If the dispute is not resolvedin accordance with condition 17.1, the dispute shall be referred to mediationand the mediator shall be appointed by the Centre for Dispute Resolution.
17.3. If no mediation takes placewithin 28 days of the request under condition 17.2 then the matter shall bereferred to an expert, to be appointed, in default of Contract, on the requestof either party to the President of the Law Society of England and Wales. He orshe shall act as an independent expert and not as an arbitrator and his or herdecision (including as to costs) shall, except in the case of manifest error,be final and binding upon You and Us.
18. Data Protection Act
18.1. If any Personal Data (asdefined by the Data Protection Act 1998) is passed to Us under this Contractthen the parties agree that You are the Data Controller and that We are theData Processor. We shall process the Personal Data only in accordance withinstructions from You and will implement appropriate technical andorganisational measures to protect the Personal Data against unauthorised orunlawful processing or loss, destruction, damage, alteration or disclosure.
18.2. Unless You specially inform Usotherwise, You consent for Us to send You marketing materials by post andemail.
19. Force Majeure
19.1.Neither party shall be liable to the other for any breach of Our obligationsunder this Contract if such breach is due to an act, event, omission oraccident beyond Our reasonable control (Force Majeure Event).
19.2.If a Force Majeure Event occurs, We shall inform You as soon as possible and takeall reasonable steps to mitigate the effects of the Force Majeure Event.
20.1.A waiver of any right under the Contract is only effective if it is in writingand signed by or on behalf of the waiving party, and it applies only to theparty to whom the waiver is addressed and the circumstances for which it isgiven.
21. Entire Agreement
21.1. This Contract constitutes thewhole Contract between the parties and supersedes all previous Contractsbetween the parties relating to its subject matter.
21.2. Each party acknowledges that,in entering into this Contract, it has not relied on, and shall have no rightor remedy (other than for breach of contract) in respect of, any statement,representation, assurance or warranty (whether made negligently or innocently)other than as expressly set out in this Contract.
22.1.You shall not, without the prior written consent of Us, assign, transfer,charge, sub-contract or deal in any other manner with all or any of Your rightsor obligations under the Contract.
22.2.We may at any time assign, transfer, charge, sub-contract or deal in any othermanner with all or any of Our rights or obligations under the Contract.
23. Third party rights
23.1.The Contract is made for the benefit of the parties to it and (whereapplicable) their successors and permitted assigns, and is not intended tobenefit, or be enforceable by, anyone else.
24.1. Any notice required to be givenpursuant to this Contract shall be in writing and shall be delivered by hand orsent by pre-paid first-class post or recorded delivery post to the address ofthe party as set out in these conditions, or by email: FAO Aafke at email@example.com or, ineach case, such other address as may be notified by one party to the other.
24.2. A notice delivered by hand isdeemed to have been received when delivered (or, if delivery is not in businesshours, 9.00 am on the first business day following delivery). A correctlyaddressed notice sent by pre-paid first-class post or recorded delivery postshall be deemed to have been received at the time at which it would have beendelivered in the normal course of post. An e-mail shall be deemed to have beendelivered within 24 hours form the time of being sent, provided that no“non-deliverable” notice is received by the sender.
25. Governing law and jurisdiction
25.1. The Contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.