How To Book

Terms and Conditions

1.Interpretation

1.1 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 Hirer for the hire of the Venue and the supply of the Services, as set out in the Hire Details.

Contract: the contract between the Hirer and the Provider for the hire of the Venue and supply of the Services in accordance with the Hire Details, and these Venue Hire Conditions and any Schedules or documents referred to therein.

Deposit: the deposit to secure the booking, as stated in the Hire Details.

Event: the event or function for which the Hirer is hiring the Venue, as specified in the Hire Details.

Hirer: You

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.

Provider:Salwayash Village Hall

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 Hirer, as specified in the Hire Details.

1.2 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.

1.3 Any words following the termsincluding,include,in particular,for exampleor any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

1.4 A reference to writing or written includes email.

2.Confirmation of Hire

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

3. Supply of Services

3.1 The Provider shall supply the Services to the Hirer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.

3.2 In supplying the Services, the Provider shall:

(a) perform the Services with reasonable care and skill;

(b) use reasonable endeavours to perform the Services in accordance with the service description set out inSchedule 1;

(c) comply with all applicable laws, statutes, and regulations from time to time in force;

3.3 The Provider has the sole right to provide the Services at the Venue. The Hirer 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 consent of the Provider. If the Provider consents to the consumption of the Hirer’s own beverages at the Venue, a corkage charge may be applied as set out in the Provider’s published price list in force at the date of this Contract.

4. Licence and Use of Venue

4.1 Subject toclause8, the Provider grants the Hirer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Hirer acknowledges that:

(a) the Hirer 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 Provider and Hirer by this agreement; and

(b) the Provider retains control, possession and management of the Venue and the Hirer has no right to exclude the Provider from the Venue. The Provider reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.

4.2 Without prejudice to the generality of the other terms of this Contract, the Hirer agrees and undertakes:

(a) not to use the Venue other than for the Event;

(b) 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 to the Provider or to any other Hirers of the Provider, or any owner or occupier of neighbouring property;

(c) to comply (and ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from the Provider, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;

(d) to permit the Provider 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;

(e) not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment or fixtures at the Venue;

(f) not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue;

(g) not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;

(h) not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior consent of the Provider.

(i) 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 consent of the Provider;

(j) to use any equipment provided by the Provider, as specified in the Hire Details, for its proper purpose and in accordance with any instructions provided by the Provider regarding its use;

(k) to leave the Venue in a clean and tidy condition and to remove the Hirer’s decorations, displays and any other Hirer equipment from the Venue at the end of the Hire Period;

(l) to ensure that all guests leave the Venue at the end of the agreed Hire Period.

(m) not to bring or permit to be brought any animal onto the Venue without the prior consent of the Provider, with the exception of assistance dogs within the meaning of the Equality Act 2010;

(n) to ensure that any electrical appliances brought to the Venue are safe, in good working order, and are used in a safe manner in accordance with applicable regulation and best practice guidance.

(o) to ensure that, if preparing, serving, or selling food the Hirer observes all relevant food health and hygiene legislation and regulation.

(p) not to obstruct or allow to be obstructed any means of escape from the Venue.

(q) not to prevent the automatic closure of any fire door at the Venue.

(r) to immediately report to the Provider any (i) accident and/or injury, (ii) dangerous occurrence, or (iii) incident/event/situation of any kind which may adversely affect or may already be adversely affecting the Venue and/or the Provider.

(s) not to bring into the Venue any highly flammable substances, or to erect any internal decorations of a flammable nature without the consent of the Provider; and in any event, not to erect any decorations near a source of heat.

(t) to ensure that any activities involving children under eight years of age comply with the provisions of the Children Act 1.9 8.9 and that only fit and proper person who have passed the appropriate Criminal Records Bureau checks have access to the children (checks may also apply where children over eight and vulnerable adults are taking parti in activities) . The Hirer shall provide the Provider with a copy of their Child Protection Policy upon request.

4.3 Car parking facilities are available for guests and cars may be left at the Venue overnight provided they are removed by10:00am the following morning.

4.4 The Hirer shall ensure that the guests behave in a responsible and safe manner at the Event, and the Provider reserves the right to remove or request that the Hirer remove guests that do not do so from the Event and the Venue.

5. Charges and Payment

5.1 The Hirer shall pay the Charges in accordance with thisclause5.

5.2 The Provider shall issue an invoice for the Charges (less the Deposit) , which shall be payable by the Hirer no less than 5 Business Days before the Event.

5.3 The Provider may issue an additional invoice after the Event for any further Charges due calculated by reference to the Provider’s published price list which were not included in the invoice issued pursuant toclause5.2. 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 Hirer. Charges invoiced pursuant to thisclause5.3 shall be payable by the Hirer within 7 days of receipt.

5.4 All amounts payable by the Hirer exclude amounts in respect of value added tax (VAT) , which the Hirer shall additionally be liable to pay to the Provider at the prevailing rate (if applicable) , subject to receipt of a valid VAT invoice.

5.5 If the Hirer fails to make any payment due to the Provider under the Contract by the due date for payment, then, without limiting the Provider’s remedies underclause8, the Hirer 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%.

5.6 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) .

6.Liability

6.1 The Provider has obtained public liability insurance cover in respect of its own legal liability for individual claims not exceeding £1,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Provider has been able to arrange and the Hirer is responsible for making its own arrangements for the insurance of any excess loss, or loss not otherwise covered by the Provider’s insurance cover. It is required that the Hirer obtains insurance cover in respect of all risks which may be incurred by the Hirer, arising out of the Event.

6.2 The restrictions on liability in thisclause6apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence) , misrepresentation, restitution, deliberate fault or otherwise.

6.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence; and

(b) fraud or fraudulent misrepresentation.

6.4 Subject toclause6.3 , the Provider shall not be liable for:

(a) the death of, or injury to, the Hirer or that of the Hirer’s employees, contractors or any other guests or invitees to the Venue; or

(b) damage or theft of any property of the Hirer or that of the Hirer’s employees, contractors or other guests of invitees to the Venue.

6.5 Subject toclause6.3 andclause6.4 , the Provider’s total liability to the Hirer shall not exceedthe Charges as stated in the Hire Document.

6.6 Subject toclause6.3 andclause6.4 ,clause6.6 specifies the types of losses that are excluded: excludes specified types of loss.

(a) loss of profits

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss.

6.7 Unless the Hirer notifies the Provider that it intends to make a claim in connection with this Contract within the notice period, the Provider shall have no liability for that claim. The notice period for a claim shall start on the day on which the Hirer became, or ought reasonably to have become, aware of the incident giving rise to the claim having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

7. Indemnity

7.1 The Hirer shall indemnify, keep indemnified, and hold harmless each member of the Salwayash Village Hall committee and the Salwayash Village Hall employees, trustees, volunteers, agents and invitees against all loss and/or damage howsoever incurred and/or suffered in relation to this Contract.

8. Cancellation

8.1 The Provider may cancel the Contract with immediate effect by giving the Hirer notice in writing if:

(a) the Hirer fails to pay any amount due under the Contract on the due date for payment;

(b) the Hirer commits a material breach of any term of the Contract;

(c) the Hirer 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 1.9 86, 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 thisclause8.1 (c) ;

(d) the Hirer suspends or ceases, or threatens to suspend or cease, carrying on business;

(e) the Hirer’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 Hirer is unable to perform its obligations in connection with the Contract pursuant toclause10.1

8.2 The Hirer may cancel the Contract by notice in writing to the Provider.

8.3 Any sums already received by the Provider (including any Deposit) under this Contract will be deducted from the cancellation fee. The cancellation fee shall be:

8.4

Cancellation before the date of the Event	Cancellation fee
More than 4 weeks but less than 8 weeks before the date of the event	Â50% of the Charges.
Less than 4 weeks before the date of the event.	100% of the Charges.

8.5 On completion or cancellation of the Contract for whatever reason:

(a) 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

(b) 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.

9. Data Protection

9.1 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) 2016/67.9 ) , 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].

10.General

10.1 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.ÂIf the period of delay or non-performance continues for 6 weeks, the party not affected may terminate this agreement by giving 14 days’ written notice to the affected party.

10.2 Assignment and Other Dealings

(a) The Hirer 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 Provider’s prior written consent.

(b) The Provider 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.

10.3 Confidentiality

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, Hirers, clients or Providers of the other party [or of any member of the group to which the other party belongs], except as permitted byclause10.3 . For the purposes of thisclause10.3 ,groupmeans, 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.

(b) Each party may disclose the other party’s confidential information:

(i) 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 thisclause10.3 ; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

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

10.4 Entire Agreement

(a) The Contract constitutes the entire agreement between the parties.

(b) 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 [or negligent misstatement] based on any statement in the Contract.

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

10.6 Waiver

(a) 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].

(b) 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.

10.7 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 thisclause10.7 shall not affect the validity and enforceability of the rest of the Contract.

10.8 Notices

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or

(ii) sent by email to an address previously provided by either party.

(b) Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) 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;

(iii) 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.

(c) Thisclause0does 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.

10.9 Third Party Rights.This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1.9.9.9 to enforce any term of the Contract.

10.1 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.

10.1 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.

Schedule 1 Additional Servicesand Equipment