“Catering Services” means the catering services which the Owner may agree to provide under the Hire Agreement.
“Centre” means The Conference Centre, Church House, Deans Yard, Westminster, London, SW1P 3NZ.
“Conditions” means the standard terms and conditions set out in this document.
“Deposit” means the non-refundable deposit defined in Condition 4 of these Conditions.
“Function” means the event or function specified in the Hire Agreement.
“Hirer” means the person entering into the Hire Agreement with the Owner.
“Hire Agreement” means the agreement made between the Owner and the Hirer for the hire of the Rooms and the provision of the Services, incorporating these Conditions, as may be amended from time to time in accordance with these Conditions.
“Hire Charge” means the charge payable by the Hirer for the hire of the Rooms and the provision of the Services as set out in the Hire Agreement.
“Hire Period” means the period specified as such in the Hire Agreement.
“Owner” means Church House Conference Centre Limited of Church House, Deans Yard, Westminster, London, SW1P 3NZ.
“Rooms” means the halls and rooms at the Centre to be hired by the Hirer under the Hire Agreement.
“Services” means the services which the Owner may agree to provide under the Hire Agreement including, without limitation, the Catering Services.
“Working Day” means a day (not being a Saturday) on which clearing banks are open in the City of London for the transaction of all classes of sterling banking business.
2.1 Subject to any variation in accordance with these Conditions, the Hire Agreement will be on these Conditions to the exclusion of all other terms and conditions, including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order, specification or other document.
2.2 Each order for the hire of Rooms and/or the provisions of Services by the Hirer (whether made by telephone, facsimile transmission, e-mail or post) shall be deemed to be an offer by the Hirer for the hire of Rooms and/or the provision of Services (as the case may be) subject to these Conditions.
2.3 No order placed by the Hirer shall be deemed to be accepted by the Owner until a written acknowledgement or order is issued by the Owner.
2.4 The Hirer must ensure that the terms of its order are complete and accurate. The provisions of Condition 5 shall apply should the Hirer desire to make alterations to its order once the order has been accepted by the Owner in accordance with Condition 2.3.
Subject to these Conditions the Owner gives the Hirer the right for the Hirer and its employees and agents and all persons duly authorised by it to use the Rooms for the Hire Period for the sole purpose of the Function and the Owner agrees to provide the Services.
If the permanent address or (in respect of a Company) the registered office of the Hirer is in England or Wales:
4.1.1 the Hirer shall subject to the provisions of Condition 4.7 pay 50% of the Hire Charge as a non-refundable deposit (the “Deposit”) in accordance with the provisions of Condition 4.3 and shall pay the remainder of the Hire Charge within 30 days of the date of the Owner's invoice;
4.1.2 the Owner shall be entitled to invoice the Hirer for the remainder of the Hire Charge at any time after the Hire Period.
4.2 If the permanent address or (in respect of a Company) the registered office of the Hirer is not in England or Wales the Hirer shall pay 100% of the Hire Charge as a non-refundable deposit (the “Deposit”) in accordance with the provisions of Condition 4.3 and shall pay the remainder of the Hire Charge within 7 days of the date of the Owner's invoice;
4.3 The Hirer shall pay the Deposit:
4.3.1 within 28 days of the date of the Owner's invoice for the Deposit where the commencement of the Hire Period is more than 12 months from the date of the said invoice;
4.3.2 within 21 days of the date of the Owner's invoice for the Deposit where the commencement of the Hire Period is between 6 and 12 months from the date of the said invoice;
4.3.3 within 14 days of the date of the Owner's invoice for the Deposit where the commencement of the Hire Period is between 3 and 6 months from the date of the said invoice;
4.3.4 within 7 days of the date of the Owner's invoice for the Deposit where the commencement of the Hire Period is between 1 and 3 months from the date of the said invoice; and
4.3.5 immediately on receipt of the Owner's invoice for the Deposit where the commencement of the Hire Period is less than 4 weeks from the date of the said invoice.
4.4 If payment is not made on the due date the Owner shall be entitled to charge interest on the outstanding amount at the rate of 4% above the base rate from time to time of Barclays Bank PLC from the due date until the outstanding amount is paid in full. The Owner reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 If payment is made by credit card the following additional charges shall be payable by the Hirer:
4.5.1 Visa/Mastercard – 2% of Hire Charge
4.6 The Hirer shall be liable for all and any charges relating to the method of payment of the Deposit and/or the remainder of the Hire Charge and any other charges which become due from the Hirer to the Owner under the Contract and/or these Conditions from time to time.
4.7 If the charge for the Catering Services to be provided to the Hirer as set out in the Hire Agreement exceeds £20,000 (or such other sum as shall be notified in writing to the Hirer by the Owner from time to time) then the Hirer shall pay the Owner in addition to the Deposit pursuant to Condition 4 such sums as is equal to 25% of the charge for such Catering Services as a non-refundable deposit at least 7 Days prior to the commencement of the Hire Period.
4.8 Regarding the Catering Services, an additional charge will be made to the Hirer for the following:
4.8.1 use by the Hirer on Saturdays of waiters for groups of less than 50 people;
4.8.2 if the Hirer requires waiter service prior to 8 am on any Day save that no additional charge shall be made for waiters serving the breakfast range of menus where such service commences after 7.30 am: and
4.8.3 where the Hirer requires the serving of teas and coffees only after 5.30 pm on any day of the week for groups of less than 15 people
4.9 The additional charge(s) referred to in Condition 4.8 above shall be at the Owner's standard rates from time to time details of which can be obtained by written request to the Owner.
4.10 In addition a charge will be made to the Hirer for the use by the Hirer or its servants or agents or any persons attending the Function of photocopying, telephone or facsimile services (including incoming facsimile transmissions) provided by the Owner at the Owner's standard rates from time to time details of which can be obtained by written request to the Owner.
4.11 Unless otherwise so stated, all sums payable under the Hire Agreement shall be exclusive of any applicable value added tax, for which the hirer shall be additionally liable at the applicable rate from time to time.
5.1 If after acceptance of the Hirer's order by the Owner in accordance with the provisions of Condition 2.3 the Hirer desires to make variations to its booking the following provisions shall apply:
5.1.1 the Hirer shall notify the Owner of any variations which it desires to make to the Hire Agreement in accordance with the provisions of Condition 13.4
5.1.2 Variations to the number of people:
a) where the Hirer desires to increase the number of people attending the Function and where the Owner accepts such a variation to the Hire Agreement in writing the Hire Charge shall be increased by such amount as is equal to the Owner's standard rates from time to time for the hire of Rooms and the provision of the Services in respect of the extra number of people attending the Function;
b) where the Hirer desires to reduce the number of people attending the Function by more than 20% of the number set out in the Hire Agreement and where the Owner accepts such a variation to the Hire Agreement in writing the Owner shall be entitled to charge the Hirer such amount as is equal to the hire charge (the “Original Hire Charge”) which would have been payable by the Hirer for the hire of the Rooms and the provision of the Services in respect of the number of people attending the Function as set out in the Hire Agreement before it was varied less an amount equal to 20% of the Original Hire Charge;
5.1.3 Variations to the number of Rooms required:
a) where the Hirer desires to increase the number of Rooms to be used by it and where the Owner accepts such a variation to the Hire Agreement in writing the Hire Charge shall be increased by such amount as is equal to the Owner's standard rates from time to time for the hire of the extra number of Rooms required by the Hirer;
b) where the Hirer desires to reduce the number of Rooms to be used by it and where the Owner accepts such a variation to the Hire Agreement in writing the Owner shall be entitled to charge the Hirer
i where the variation is requested more than 30 days prior to the commencement of the Hire Period, such amount as is equal to:
1. the amount payable by the Hirer for the reduced number of Rooms plus;
2. such amount as is equal to 50 % of the amount which would be payable (at the Owner's standard rates at the time) for the number of Rooms not required by the Hirer;
ii where the variation is requested less than 30 days prior to the commencement of the Hire Period, 100% of the amount which would have been payable by the Hirer for the number of Rooms as set out in the Hire Agreement before it was varied;
5.1.4 Variations to the Catering Services:
a) where the Hirer desires to increase the scope or range of the Catering Services to be provided to it and where the Owner accepts such a variation to the Hire Agreement in writing the Hire Charge shall be increased by such amount as is equal to the Owner's standard rates from time to time for the additional Catering Services required by the Hirer;
b) where the Hirer desires to reduce the scope or range of the Catering Services to be provided to it and notifies the Owner of its desire less than 6 days prior to the commencement of the Hire Period and the Owner accepts such a variation to the Hire Agreement in writing the Owner shall be entitled to charge the Hirer the higher of:
i the charge payable by the Hirer for the reduced Catering Services and;
ii such amount as is equal to the charge which would have been payable by the Hirer for the Catering Services as set out in the Hire Agreement before it was varied (the “Original Catering Services Charge”) less an amount equal to 20% of the Original Catering Services Charge.
5.2 The Hirer acknowledges that the Owner is unlikely to accept any variations to the Hire Agreement including, without limitation, in respect of the number of people attending the Function or the number of Rooms required by the Hirer or the scope and range of the Catering Services which are requested by the Hirer less than 5 Working Days prior to the commencement of the Hire Period.
6.1 The Hirer shall at least 5 Working Days prior to the commencement of the Hire Period provide to the owner:
6.1.1 a seating plan;
6.1.2 a list of the names of all persons attending the Function including the Hirer's servants and agents;
6.1.3 a detailed programme of the Function; and
6.1.4 final numbers for the Catering Services
for the Owner's approval and the Hirer agrees that no amendments shall be made to these items without the prior written consent of the Owner.
7.1 The Hirer agrees that during the Hire Period:
7.1.1 it shall not install or erect any exhibitions or displays in the Rooms unless it has at least 7 days prior to the Hire Period provided to the Owner full plans and details of such exhibitions and displays and the Owner has provided its express written consent to such exhibitions and displays;
7.1.2 it shall not allow the number of persons in the Rooms at any time to exceed the maximum capacity notified to it by the Owner;
7.1.3 it shall not distribute advertising or promotional material in relation to the Function unless such material has been previously approved in writing by the Owner;
7.1.4 it shall not permit photography or video filming inside the Rooms without the prior written consent of the Owner;
7.1.5 it shall not and it shall procure that no person shall fix anything to any equipment or item owned by the Owner so as to cover or obscure the Owner's name or any product, brand or business name, trade or service mark or logo owned by the Owner appearing on any such equipment or item;
7.1.6 it shall procure that no person brings any food, drink, or other refreshment whatsoever into the Centre unless purchased from the Centre;
7.1.7 it shall procure that no person:
a) fixes anything to the structure or contents of the Rooms or any other part of the Centre without the prior written consent of the Owner;
b) marks, soils or damages the structure or contents of the Rooms or any other part of the Centre;
c) paints or constructs any object or structure inside the Rooms or any other part of the Centre (unless permitted under Condition 7.1.1);
d) leaves anything in, or in any way obstructs, any stairwells or emergency exits or obstructs any notices of any emergency exits in the Centre;
e) fails to comply with any of the safety procedures which have been notified to the Hirer by the Owner.
7.1.8 it shall ensure that all persons vacate the Rooms on each day at the times notified by the Owner;
7.1.9 it shall ensure that all persons attending the Function are at all times whilst in the Centre wearing security badges in a form approved by the Owner;
7.1.10 it shall ensure that no activity or performance that takes place during the Function shall infringe any copyright or other intellectual property rights owned by any person without their prior consent;
7.1.11 it is the Hirer's obligation to acquaint itself and to comply with all applicable requirements and restrictions imposed by the governmental and other authorities or corporations relating to the Function;
7.1.12 it will obtain effect and keep effective all permissions licences and permits which may from time to time be required in connection with the Function;
the Owner and its servants or agents retain the right at all times during the Hire Period to enter the Rooms;
the Owner may for any reason refuse entry to the Centre and procure the removal from the Centre of any person or thing.
7.2 The Hirer agrees that it shall notify the Centre in writing with details of any items or equipment which it intends to have delivered to the Centre for the purposes of or in connection with the Function prior to the time of despatch of such items or equipment to the Centre and shall ensure that all such items or equipment are clearly and correctly labelled.
7.3 The Hirer agrees that at the end of the Hire Period it will ensure that the Rooms are clean and undamaged and free from rubbish.
7.4 The Hirer agrees that within 48 hours of the end of the Hire Period it shall remove from the Centre's premises anything which has been brought into the Centre (other than by the Owner) for the purposes of or in connection with the Function. The Hirer agrees that should it fail to remove any such items or equipment from the Centre's premises within 48 hours of the end of the Hire Period the Owner shall be entitled to return such items or equipment to the Hirer and the Hirer shall pay the Owner its reasonable costs for doing so. The Hirer agrees that should it fail to remove any such items or equipment from the Centre's premises after the expiry of 7 days from the end of the Hire Period the Owner shall be entitled to deal with such items or equipment as it, in its sole discretion, thinks fit.
7.5 Where any items or equipment are to be removed from the Centre's premises on behalf of the Hirer, the Hirer shall give the Centre's main Reception written details of:
7.5.1 the name of the Hirer;
7.5.2 the items and/or equipment to be collected; and
7.5.3 the name of the firm, company or individual which or who is to collect the items/equipment.
8.1 The Owner agrees that during the Hire Period it shall ensure that the Rooms are properly heated and lighted and that an electricity supply is maintained to the Rooms.
8.2 The Owner agrees to make available the service of a cloakroom attendant on Mondays to Fridays between the hours of 8.00 am and 6.00 pm during the Hire Period. The Owner may extend the service of a cloakroom attendant beyond 6.00 pm (but shall not be obliged to do so) on written request from the Hirer to the Owner provided that such request is [received] by the Owner at least 48 hours prior to 5.30 pm on the day on which the extension of the service is required by the Hirer. The Owner shall be entitled to make an additional charge at its standard rates from time to time, details of which can be obtained by written request to the Owner, for any such extension of the service of a cloakroom attendant.
8.3 The Owner gives no warranty that the Rooms are legally or physically fit for any specific purpose.
9.1 The Hirer shall indemnify the Owner against any loss, damage, liability, expense or costs incurred by the Owner as a result of any claim, demand or proceedings threatened or instituted against the Owner arising out of the negligence of the Hirer of its servants or agents during the use of the Rooms for the Function or any breach of the Hire Agreement and/or these Conditions and the Hirer shall maintain insurance cover for the sum of Two million pounds (£2,000,000) in respect of its liabilities under the Hire Agreement and/or these Conditions.
9.2 Subject as expressly provided in these Conditions, and except where the Hire Agreement is made between the Owner and a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.3 Where Rooms are hired by and/or Services are supplied to a Hirer under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of Hirer are not affected by these Conditions.
9.4 The Owner warrants to the Hirer that the hire of the Rooms and the provision of Services will be provided with reasonable care and skill.
9.5 Except in respect of death or personal injury caused by the Owner's negligence, the Owner shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty of common law, or under the express terms of Hire Agreement and/or the Conditions for any loss of profit or any indirect, special or consequential loss, damage, costs expenses or other claims (whether caused by the negligence of the Owner, its servants or agents or otherwise) which arise out of or in connection with the hire of the Rooms or their use by the Hirer or the provision of the Services and (notwithstanding the provisions of Condition 9.4) the entire liability of the Owner under or in connection with the Hire Agreement and/or these Conditions shall not exceed the amount of Hire Charge.
10.1 Subject to the provisions of Condition 10.2 the Hirer shall be entitled to terminate the Hire Agreement at any time prior to the commencement of the Hire Period by giving written notice to the Owner.
10.2 The following provisions shall apply should the Hirer terminate the Hire Agreement prior to the commencement of the Hire Period:
10.2.1 if the Hirer terminates the Hire Agreement more than 30 days prior to the commencement of the Hire Period the Owner shall be entitled to retain the Deposit or, in the event that the Deposit has not been paid, the Hirer shall be liable to pay the Deposit forthwith;
10.2.2 if the Hirer terminates the Hire Agreement between 7 days and 30 days prior to the commencement of the Hire Period the Owner shall be entitled to retain the Deposit and the Hirer shall be liable to pay the Owner 100% of the remainder of the Hire Charge less the amount which would have been payable by the Hirer for the Catering Services under the Hire Agreement (as varied pursuant to Condition 5.1.4 where applicable) within 30 days of such termination; and
10.2.3 if the hirer terminates the Hire Agreement less than 7 days before the commencement of the Hire Period the Owner shall be entitled to retain the Deposit and the Hirer shall be liable to pay the Owner 100% of the remainder of the Hire Charge within 30 days of such termination.
11.1 The Owner shall have the right to terminate the Hire Agreement immediately without affecting its accrued rights by giving notice to the Hirer if:
11.1.1 the Hirer defaults in the payment on its due date of any sum under or pursuant to the Hire Agreement and/or the Conditions; or
11.1.2 the Hirer commits a material breach of the Hire Agreement and/or the Conditions; or
11.1.3 any distress or execution is levied against any of the Hirer's assets and is not paid or discharged within 7 days; or a judgement against the Hirer remains unsatisfied for more than 7 days; or a receiver is appointed with respect to any of the Hirer's assets; or
11.1.4 the Hirer, being a body corporate, enters into liquidation, calls any meeting of its creditors or has a receiver or receiver manager of all or any of its undertaking or assets appointed or Suffers the Appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986 or is deemed by the virtue of Section123 of the Insolvency Act 1986 to be unable to pay its debts; or
11.1.5 the Hirer, being an individual, suffers an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order.
11.1.6 the Owner reasonably believes that:
a) the Hirer intends to use the Rooms for any purpose other than the Function; or
b) the Function may lead to breach of the peace or acts of violence may occur or damage may be occasioned to the Rooms or any other part of the Centre or its contents; or
c) the nature of the Function or any items in its programme is such as to render it undesirable that it should take place in the Centre.
11.2 If the Hire Agreement is terminated by the Owner under Condition 11.1:
11.2.1 the Hirer shall immediately vacate the Centre and procure that all persons and things which it has caused to be in the Centre leave or are removed;
11.2.2 the Owner shall be entitled to retain all sums paid under the Hire Agreement and the Hirer shall be liable to pay the balance of the Hire Charges in accordance with the terms of the Hire Agreement and any costs incurred by the Owner in connection with the Function;
11.2.3 the Hirer shall have no claim against the owner for any loss or damage or liability
incurred by the Hirer in consequence of the termination.
The Owner shall not be liable in any way for any failure to perform its obligations or for any loss, damage or delay incurred by the Hirer resulting from circumstances beyond the Owner's reasonable control.
13.1 The Hire Agreement and these Conditions constitute the entire agreement between the Owner and the Hirer and supersede any previous agreement or understanding and shall not be varied except by a written agreement signed by the Owner and the Hirer. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
13.2 The Hirer may not assign, charge or deal in any other manner with the Hire Agreement or any of its rights or obligations under these Conditions or transfer delegate or sub-contract any of its said rights or obligations without the prior written consent of the Owner.
13.3 The Owner may on one or more occasions sub-contract the performance of all or part of its obligations under the Hire Agreement to any person, firm or company.
13.4 Any notice required or permitted to be given by either party to the other under the Hire Agreement shall be in writing and delivered by hand or sent by pre-paid recorded delivery or registered post or sent by facsimile transmission:
13.4.1 in the case of notices to the Owner, to the address set out on the front page of these Conditions or such changed address as shall be notified to the Hirer by the Owner; or
13.4.2 in the case of communications to the Hirer, to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Hirer set out in any document which forms part of the Contract or such other address as shall be notified to the Owner by the Hirer.
13.5 Notices shall be deemed to have been received:
13.5.1 if sent by pre-paid recorded delivery or registered post, 48 hours from the date of posting;
13.5.2 if delivered by hand, on the day of delivery, and
13.5.3 if sent by facsimile transmission on a Working Day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
13.6 No failure or delay by either party in exercising any of its rights under the Hire Agreement shall be deemed to be a waiver of such rights and no waiver by either party of any breach of the Hire Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.7 Any dispute arising under or in connection with the Hire Agreement or these Conditions shall be referred to arbitration by a single arbitrator appointed by agreement between the parties or (in default of such agreement) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996.
13.8 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
13.9 The construction, validity and performance of the Hire Agreement and these Conditions shall be governed in all respects by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.