WOBURN ORANGERY LTD TERMS & CONDITIONS FOR WEDDINGS AND OTHER EVENTS
Meaning of Expressions
1.1 Reference in these Booking Conditions to ‘the Agreement’ means the agreement to which these Booking Conditions are attached and which is signed by you or on your behalf.
1.2 The following words and expressions shall when used in the Agreement and in these Booking Conditions have the following meanings:-
“Actual Number” means the actual number of Guests attending the Event (whether for the full duration of the Event or for part of the Event only)
“Additional Services” means the additional services or facilities (if any) that we have agreed to supply to you in connection with the Event and which are specified or referred to in the Scheme Sheet.
“Agreed Hours” means the times specified as such in the Agreement and which represent the agreed start and finish times for the Event.
“Designated Signatories” means the person(s) named as such in the Agreement.
“Event” means the event described as such in the Agreement.
“Event Date” means the date described as such in the Agreement.
“Final Number” means the number of Guests that you inform us will be attending the Event in accordance with clause 4.4.
“Guests” those persons that you have invited to attend the Event.
“Estimated Price” means the sum described as such in the Agreement.
“Maximum Permitted Number” means the maximum number of Guests entitled to attend the Event.
“Minimum Number” means the minimum number of Guests that you have indicated will be attending the Event as specified in the Agreement.
“Final Price” means the price payable by you in respect of the Event calculated in accordance with clause 4.1 below (as may be adjusted in accordance with clauses 4.3, 4.4 and/or 4.5 below).
“Scheme Sheet” means the document prepared by us in conjunction with you and which sets out details concerning the event (e.g. menus chosen, timing of proceedings etc)
“Standard Menu” means our standard catering menu applicable at the time of signing the Agreement details of which you have been provided by us to you prior to signature.
“Venue” means the venue described in the Agreement.
“we”, “us”, or “our” means or refers to Woburn Orangery Limited.
“you” or “your” means or refers to you the person, company or organisation who is named in the Agreement as the second party.
Status of these Booking Conditions
2.1 These Booking Conditions shall apply between us and you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or other similar document, and signature of the Agreement shall be deemed conclusive evidence of your acceptance of these Booking Conditions.
2.2 Any variation to the Agreement or to these Booking Conditions shall be inapplicable unless agreed by us in writing.
3.1 In consideration of the payment of the Final Price by you to us we agree (subject as set out in these Booking Conditions):
(i) to make the Venue or part of the Venue available to you for the purposes of holding the Event on the Event Date during the Agreed Hours; and
(ii) to provide your Guests with food and beverages as detailed in the Scheme Sheet in connection with the Event; and
(iii) to provide the Additional Services in connection with the Event.
Calculation and Payment of the Final Price
4.1 The total overall price that you will have to pay for the Event (this is what we refer to as ‘the Final Price’) shall be calculated as follows:
(i) the price for hiring the Venue, or part of the Venue;
(ii) the cost of the menu option chosen by you (as detailed in the Scheme Sheet) multiplied by whichever is the greater of either the Minimum Number or the Final Number or the Actual Number;
(iii) the price for providing the Additional Services (if any) specified in the Scheme Sheet;
as may be varied from time to time in accordance with clauses 4.4, 4.5 and/or 4.6 below.
4.2 You will pay the Final Price to us in the following instalments:
|(i) Upon signing the Agreement:||A deposit equal to 25% of the estimated price|
|(ii) By no later than 12 months prior to the Event Date:||35% of the Estimated Price (less any amount previously paid under clause 4.2 (i) above)|
|(iii) By no later than 1 months prior to the Event Date:||100% of the Estimated Price (less any amount previously paid under clause 4.2 (i) and/or (ii) above)|
|(iv) Within 14 days following the date upon which we send you an invoice in accordance with any of clauses 4.3, 4.4, 4.5 or 4.6 below||Any outstanding balance.|
In the event that the Agreement is signed less than 12 months prior to the Event Date then the amount referred to in clauses 4.2 (ii) will be payable at the time of signing. In the event that the Agreement is signed less than 6 months prior to the Event Date then the amount referred to in clauses 4.2 (iii) will be payable at the time of signing.
4.3 Unless specifically stated otherwise in the Agreement, the Estimated Price does not include any Additional Services which we may have agreed to supply to you and we shall be entitled to submit an invoice to you at any time in respect of those Additional Services.
4.4 You must notify us at least 20 days prior to the Event Date of the final number of Guests you anticipate will be attending the Event but this must not be less than the Minimum Number nor shall it exceed the Maximum Permitted Number. This number will be the number of Guests that we will be obliged to cater for on the day of the Event. Upon receiving details of the Final Number from you we will calculate the Final Price based on that number and (where applicable) on the menu option chosen by you, and we will submit an invoice to you for any balance which is payable by you taking into account any amounts previously paid.
4.5 Without prejudice to your obligations under clause 8(ii) should more than the Final Number of Guests attend the Event then we shall be entitled to recalculate the Final Price based on that number and to submit an appropriate invoice to you.
4.6 The price that we have quoted to you as being the cost of our Standard Menu and/or any of our other menus was correct at the time that you signed the Agreement. We do however reserve the right to vary those prices in the limited circumstances set out in this clause 4.6. In the event that we vary such prices then we shall be entitled to recalculate the price payable by you for the Event and to submit an invoice to you for any balance payable.
The limited circumstances in which we can vary our menu prices are as follows:
(i) Changes in rate of VAT etc.
Any menu prices that we may have quoted to you from time to time are inclusive of value added tax (‘VAT’) at the rate applicable at the time in question. In the event however of there being any subsequent change in the rate of VAT, or in the event that any new taxes or duties are subsequently introduced which directly affect our prices, then we shall be entitled at any time prior to the date of the Event to vary the price of our menus accordingly.
(ii) Increase in cost of food and beverages :-
Any menu prices that we may have quoted to you from time to time have been calculated on the basis of the prices that our food and drink suppliers charge us at the time in question. We reserve the right to increase our menu prices at any time up to 6 months prior to the Event Date if the prices that those suppliers charge us increase by more than 5% from the date on which you signed the Agreement.
4.7 In the event that you fail to pay any amount that is due to us by the date or within the time set out in clause 4.2 then the Event will be deemed (without further formality) to have been cancelled by you whereupon the provisions set out in clause 5 below will apply.
Cancellation of a Booking
5.1 Once the Agreement has been entered into (which shall be conclusively evidenced by you and us signing the Agreement) then generally you shall not be permitted to cancel that Agreement and/or the Event and if you purport to do so then the charges set out in this clause 5 will be payable.
5.2 If you cancel (or are deemed to have cancelled) any booking in respect of an Event more than 12 months prior to the Event Date, then we will refund any amounts that you may have paid to us in connection with the Event subject to us being entitled to deduct an amount representing our reasonable administrative charges plus any amounts that we have already paid out on your behalf to any third party supplier(s) save where such amounts are refunded to us by such supplier(s) (provided that we shall not be obliged to actively seek any such refunds).
5.3 If you cancel (or are deemed to have cancelled) any booking in respect of an Event less than 12 months (but more than 6 months) prior to the Event Date, or if we cancel the Event because you have failed to pay the balance of the Final Price or any part of the same to us on time (see clause 4.5 above) then you will be liable to pay to us a cancellation charge equal to 35% of the Final Price (see clause 4.2 above as to how ‘the Final Price’ is calculated). The figure of 35% has been calculated by reference to the losses that we have estimated that we will suffer in the event that you cancel you booking for the Event in those circumstances. However in such circumstances we will make reasonable endeavour to re-let the Venue, but you acknowledge that this may not always be possible. If we are able to re-let the Venue to someone else for the same date and times then any amounts that we receive from that other person will be off-set against the Final Price payable by you for the Event provided always that the minimum cancellation charge we shall be entitled to make will always be as set out in clause 5.1 above.
5.4 If you cancel (or are deemed to have cancelled) any booking in respect of an Event 6 months or less prior to the Event or if you and your guests fail to arrive for the Event then you will be liable to pay to us a cancellation charge equal to 90% of the Final Price which shall be calculated on the same basis as per clause 5.2. Again the figure of 90% has been calculated by reference to the losses that we have estimated that we will suffer in the event that you cancel your booking for the Event in those circumstances and reflects the fact that by such time we will have committed all the necessary resources to holding the Event and will be very unlikely to be able to re-let the Venue for a similar event on that date.
5.5 Should you wish to cancel the Event then this must be done in writing by registered or recorded delivery post so as to determine the precise date of cancellation. Cancellation shall be deemed to have occurred on the date we receive such letter.
5.6 We shall be entitled to cancel the Event without being liable to compensate you if the Venue is seriously damaged or destroyed or for other substantial reasons such as conflict, industrial unrest (other than where such unrest concerns our own staff), or any major failure on the part of any of our utility supplies (gas, electricity).
5.7 We shall also be entitled to cancel the Event without being liable to compensate you, if extreme adverse weather conditions are experienced in the area of the Venue rendering the holding of the Event dangerous to life or having a serious impact on the ability of our staff and/or suppliers to get to the Venue. You are entitled to cancel the Event for the same reasons without incurring any liability to pay any cancellation charges.
Variations to Menu and Agreed Services etc.
- We shall be entitled at any time in our discretion:
(i) to make minor alterations to any menu and/or Additional Services which we have agreed to provide to you and your Guests (e.g. substitution of alternative seasonal food items or substitution of a reasonably similar wine where the original wine choice is no longer available); and
(ii) to make such other alterations any menu and/or Additional Services as may reasonably necessary given the occurrence of any matter which is outside our reasonable control.
7.1 We appreciate that you are likely to be booking the Venue for the Event a considerable period of time prior to the Event Date and that details concerning the Event will be finalised over a period of time leading up to the Event. It is for this reason that we have evolved a system of using a Scheme Sheet.
7.2 The Scheme Sheet will set out details of anything that we have agreed with you concerning the Event such as choice of menus and drinks, any Additional Services that you wish us to provide (e.g. flower arrangements and other decorations, music etc.), and also matter relating to timing. Where an additional price is chargeable for any of the matters mentioned in the Scheme Sheet then, where possible, this will be stated in the Scheme Sheet (unless for example we are awaiting quotations from outside suppliers).
7.3 Each time anything is added to the Scheme Sheet we will prepare a new Scheme Sheet and will ask you or one of your Authorised Signatories to sign it as confirmation that you agree to the matters contained in the Scheme Sheet. Each Scheme Sheet that we prepare will be dated and the most recent Scheme Sheet will be deemed to replace and override all previous Scheme Sheets (if any).
7.4 If you wish to change or remove anything which is contained in the most recent Scheme Sheet then will endeavour to comply with your request but you accept that doing so may have financial implications which you agree you will be responsible for (e.g. if we cancel an outside supplier then we may nevertheless still be charged by that supplier).
8.1 We shall be entitled to accept the instructions of any of the Designated Signatories in respect of all choices and arrangements relating to the Event (including but not limited to the choice of menus and Additional Services, timing issues and also in respect of any financial matters concerning the Event) and you confirm that each Designated Signatory is fully authorised to give such instructions on your behalf and that you will be legally bound by any arrangements that are agreed on your behalf by a Designated Signatory. In the event that you wish to cancel the authority of any Designated Signatory to act on your behalf then you must inform us in writing nominating a replacement Designated Signatory where necessary. We shall however continue to be entitled to accept instructions from any Designated Signatory until we receive such notice.
8.2 You shall ensure that at least one of the Designated Signatories is in attendance at all times throughout the Event and during any setting up or clearing up periods. On the day of the Event the Designated Signatories shall act as the main point of contact between us and you both in respect of the running of the Event and any issues that may arise during the course of the Event.
9.1 You shall be responsible for ensuring the following:
(i) that only Guests attend the Event and in this respect you shall throughout the Event make available a sufficient number of responsible adults to check that all persons attempting to enter upon the Venue to attend the Event are entitled to do so;
(ii) that the maximum number of Guests in attendance at the Event does not exceed the Final Number;
(iii) that no Guests shall arrive at the Venue prior to the commencement of the Agreed Hours;
(v) unless specifically agreed otherwise with us in writing, that all Guests are 18 years of age or over.
(vi) that the Guests shall at all times during the Event and whilst entering into or leaving the Venue, behave in a lawful and orderly manner so as not to cause any nuisance or inconvenience to any person visiting or occupying any neighbouring or near by premises, and comply with all reasonable requests made of them by any member of our staff.
9.2 Where you the second party to the Agreement are a corporate client (e.g. a company or organisation) then we shall be entitled to ask you to nominate up to three persons to act as supervisors at the Event. Such supervisors shall act as the point of contact between members of our staff and you concerning any of the matters mentioned in clause 9.1 above and shall be responsible for ensuring compliance with such matters.
9.3 No items shall be attached to any of the walls or any of the artefacts contained within the premises except with express permission from a member of the Woburn Orangery Management Team.
Exclusion of Liability
10 We accept no responsibility for any loss of or damaged caused to any of your belongings or those of your Guests or for any injury or loss of life suffered by you or any of your Guests, in each case whilst at the Venue (or on or within any adjoining land or premises owned by us or under our control) in connection with the Event save where it can be shown that such injury, loss or damage was caused by any negligence or default on our part or on the part of any of our employees, servants or agents. In respect of personal belongings cloakrooms are provided for your Guests and you and they are strongly recommended to make use of the same.
Liability for Damage
11.1 You shall be responsible for and shall indemnify and compensate us (or the appropriate owner) for any of the following caused by your negligence or wilful acts, or those of any of your Guests or suppliers (including any suppliers that we may recommend you to use):
(i) any loss of or damage caused to the Venue;
(ii) any loss of or damage caused to any adjoining or near-by land or buildings which are owned by us or under our control;
(iii) any loss of or any damage caused to any of our furnishings, fittings, utensils and equipment or those belonging to The Woburn Orangery;
10.2 We will inform you in writing the amount required to make good or remedy any loss or damage as described in clause 10.1 above and you will pay such sum to us within 14 days of the date of us notifying you of the amount.
Use of Outside Suppliers etc.
12.1 Save where otherwise specifically agreed by us you shall not be entitled to use any suppliers in connection with the Event (e.g. florists, musicians) other than us or any suppliers that we have specifically consented to you using provided always that under no circumstances shall any food or drink which has not been supplied by us be consumed by you or any of your Guests at the Event.
12.2 Where we have agreed to allow you to use outside suppliers (e.g. florists, musicians) those suppliers will be entitled to have access to the Venue on a non-exclusive basis up to one hour prior to the start of the Agreed Times (or longer if specifically agreed with us in advance) for the purposes of setting up provided that they are accompanied by you or by one of your representatives at all times. You shall be responsible for ensuring the good conduct of those suppliers and for ensuring that they do not cause any nuisance disturbance to any of our other visitors.
12.3 You shall not deliver nor shall you arrange for the delivery of any goods or materials to the Venue unless we have agreed to accept the same.
Flammable Materials etc.
13 You shall not, and shall ensure that none of your Guests or suppliers shall, place or store any inflammable, combustible or hazardous substances or liquids in or about the Venue or within the vicinity of the Venue.
14.1 You shall ensure that all your Guests fully vacate the Venue and all adjoining premises belonging to us or under our control prior to the expiration of the Agreed Hours and that your suppliers (including any recommended by us but excluding any engaged directly by us) and (if applicable) your staff fully vacate the Venue and all such adjoining premises within one hour following the expiration of the Agreed Hours.
14.2 Also if you or any of your Guests, staff or any of your suppliers fail to vacate the Venue prior to the allotted time we will incur additional costs of having to employ our staff for longer hours than anticipated. Therefore without prejudice to any claim that we shall be entitled to bring under clause 14.2, any such failure to vacate the Venue prior to the allotted time shall entitle us to charge you a fee of £250.00 for each hour or part of an hour during which the Venue or any such adjoining premises remains occupied by you or any of your Guests, staff or any of your suppliers.
14.4 Additionally if you or any of your suppliers seek to have access prior to the standard contract hours. Excluding the additional hour we allow for set up. As we will incur additional costs of having to provide our staff for additional hours. We shall be entitled to charge you an access fee which will be charged at a rate of £250.00 for each hour or part of an hour, you have that early access.
15.1 The Special Conditions (if any) stated or referred to in the Agreement shall be incorporated into and form part of the Agreement. In the event that any of the Special Conditions conflict with any of the other terms set out in these Booking Conditions then the Special Condition concerned shall take precedence.
15.2 If any of the terms set out in these Booking Conditions shall be held by a Court to be invalid, illegal or unenforceable for any reason the remaining terms shall nevertheless remain in full force and effect as between you and us.
15.3 The Agreement and these Booking Conditions shall be governed by and interpreted in accordance with the Laws of England.