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Terms and conditions 1. General In this contract (“the Contract”) unless the contract other requires: ”Client” means the person, firm or company to or for whom the Hotel agrees to supply the Services; and where the Client is a Company, the directors of that Company guarantee to the Hotel the debts of such company to the Hotel. The Client shall mean both the party reserving the Services and those parties on whose behalf the Services are provided. Where the Client consists of two or more parties their liability hereunder shall be joint and several. ”Hotel” shall mean the limited company under which that specific Feathers Hotel trades being A Feather and Co Limited, Zackery Robert Hotels Limited, Feathers Chester Limited and Jake Feather Hotels Limited. ”Services” shall mean the services agreed to be supplied by the Hotel to the Client in accordance with these conditions and set out in the Contract. 2. Charges & Payment a) The price of the Services (“the price”) is that which, is set out in the confirmation issued by the Hotel (“the Contract”) (as varied by written agreement of the Hotel). b) The Hotel reserves the right to amend the Price upon written notice to the Client in order to reflect any changes in costs beyond the reasonable control of the Hotel (including changes in VAT rates). The Client will be asked to confirm acceptance of the revised price. c) Unless credit facilities have previously been arranged, full payment of the amount due shall be made by the Client not less than 14 days prior to the proposed date of commencement of the provision of the Services (“the Date of Arrival”) d) If credit facilities are required the Client must obtain the Hotel’s written agreement not less than 28 days prior to the Date of Arrival/Event. e) For credit accounts, full payment must be received by the Hotel within 14 days of the date of the invoice issued by the Hotel. f ) The Hotel reserves the right to withdraw credit facilities at any time, without further liability, upon written notice to the Client if the Hotel has doubts as to the financial position of the Client. g) Payment for the Services must be made in pounds sterling. Should the payment be made by credit card the Hotel reserves the right to apply a surcharge on such an account. h) If payment is not made in accordance with paragraphs c) and e) above, then the Hotel may charge interest at an annual rate of 3% above the base rate of National Westminster Bank plc from time to time, such interest to be calculated on a day to day basis on the balance outstanding from the due date for payment until payment in full is received by the Hotel. Such interest shall accrue at such a rate after as well as before any judgement. i) The Client shall not be entitled to withhold any payment of any amount payable under the Contract because of any disputed claim of the Client in respect of alleged defective service or any other alleged breach of Contract nor shall the Client be entitled to set off against any amount payable under the Contract, any monies which are not then presently payable by the Hotel or for which the Hotel disputes liability. j) All prices quoted are exclusive of Value Added Tax or any other sales tax for which the Client shall be additionally liable, unless otherwise advised. k) Where the reservation/confirmation is signed by any person acting as agent for others, that person undertakes (as principal for this purpose and not agent) with the Hotel that all sums due to the Hotel will be paid on the days and in the manner aforesaid and will indemnify the Supplier against any loss or liability arising out of any failure to pay such sums or other liability or the part of the Client arising under these conditions. 3. Deposits a) A non-refundable deposit of £500.00 is required to confirm the Client’s function booking. Such deposit must be paid to the Hotel within 7 days of provisional acceptance by the Hotel of the function booking. b) Prior to receipt of this Deposit, the Hotel may accept bookings for the same facilities. c) The Hotel will not treat the booking as confirmed until this Deposit is received by the Hotel. d) A further non-refundable deposit equal to 50% of the estimate value will be required no less than 6 months prior to the event date or immediately with initial deposit in the event that the event is booked less than 6 months prior to event date. e) In the event of a conference booking the Hotel reserves the right to require payment of a deposit. Should a deposit not be required the booking will only be acknowledged as confirmed upon receipt of the Client’s written confirmation. Prior to receipt of this confirmation alternative bookings for the same facilities may be accepted. f ) Both deposits as above are non refundable regardless of circumstances or timing of payment. 4. Cancellation by the Client a) If the Client has to cancel or postpone its booking at any time prior to the Date of Arrival, the Hotel will make reasonable efforts to re-sell the Services. The Hotel reserves the right to charge the Client the following cancellation charge where the Services have not been re-sold prior to the date of arrival. 75% of the cost of any food and beverage specified in the Confirmation. 90% of the accommodation cancelled from that detailed in the correspondence. 100% of any other costs (e.g. equipment hire and entertainment) that otherwise would not have been incurred by the Hotel.
b) Any cancellation or postponement must be notified as soon as possible to the management of the Hotel in the first instance verbally. The Hotel also requires that cancellations are confirmed in writing by the Client, within seven days thereafter. c) Regardless as to whether and when an event date is resold in the event of cancellation. Any offset will only entail up to a maximum of the difference between the non refundable deposits received and cancellation charge applicable, i.e. for the avoidance of doubt, all deposits and payments made are non refundable and cannot be offset. 5. Confirmation by the Client a) Not less than 14 days prior to the Date of Arrival written confirmation of the rooming list, any special meals or meal time, and arrival time at the venue/ event must be received by the Hotel. 6. Changes to booked numbers a) The booked numbers specified in the Confirmation will be taken as the minimum number (“Minimum Number”) to be charged for the Services. b) Should the client’s numbers fall below these minimum numbers as contracted, minimum numbers at the specified cost per head will apply. 7. Amendments or cancellation by the Hotel a) Should the Hotel for reasons beyond its control, need to make any amendments to the Contract, it reserves the right to offer alternative Services of similar quality. b) Should the Client seek significant changes to the Contract, this may result in amendments in the applicable rates and/or facilities offered by the Hotel. The Hotel reserves the right to change the agreed function/banqueting/conference rooms, with prior notice, if booked numbers do not reach the Minimum Number and will keep the Client informed. c) The Hotel shall not be liable to the Client for loss of profits, goodwill or any special type of indirect or consequential loss (including loss or damage suffered by the Client as the result of any action brought by a third party) d) Where the Hotel is liable to the Client for breach of this agreement with the Client by reason of any act or omission by any sub-contractor of the supplier, the Client shall not be entitled to recover from the Hotel whether under these condition or by set-off or by any- other sums:(i) In excess of any sums (if any) as the Hotel shall have recovered from any such sub-contractor. (ii) Before actual receipt by the Hotel of such sums. e) Without prejudice to the preceding clauses, the entire liability of the Hotel to the Client in the event of any breach of Contract or the tortious duty of care or breach of statutory duty shall not exceed in total an amount equal to the VAT exclusive total of the Hotel’s Invoice, other than for death or personal injury arising from the negligence of the Supplier. f ) The Hotel may cancel the Contract: - if the booking might, in the reasonable opinion of the Hotel prejudice the reputation of the Hotel. If the Hotel, or any part of it is closed or damaged due to circumstances beyond its reasonable control; If the Client is more than 30 days in arrears of payment to the Hotel or any associated company for previously supplied services. If the Client becomes insolvent or enters into liquidation or receivership; or If the Client is not abiding with the terms of the Contract. 8. Arrival/Departure a) The bedroom accommodation detailed in the Contract is available from 2.00pm on the Date of Arrival, and must be vacated by 11.00am on the Day of Departure in accordance with the Contract, unless specific alternative arrangements have been agreed. b) The meeting rooms are available from the time agreed in accordance with the Contract. Any extension may incur additional charges. 9. Outside Contractors a) Should the Client wish to employ the services of any outside contractor (“the Contractor”) other than those arranged by the Hotel, it undertakes to notify the Hotel at once in writing and to indemnify the Hotel against any claims, costs, damages or expenses made, or suffered by the Hotel howsoever resulting from an act or default by such Contractor or caused by any equipment supplied by it or them. This indemnity includes cover under the Health and Safety Act 1974. All Contractors must comply with all relevant legislation including Fire Precautions Act. b) Each Contractor must report to reception of the site/venue and sign in prior to any work commencing. A visitors badge will be issued to each member of the Contractor. At the end of each day, each Contractor must sign out prior to leaving the Hotel’s site/venue. c) All electrical contractors must be NICEIC, ECA or IEE registered. The Hotel must have written evidence from the Client to support this prior to work commencing. All electrical equipment provided by an approved contractor must have up to date PAT testing certificates provided 7 days prior to event date.
d) Any Contractor invited to carry out work, must not compromise the Hotel by neglecting to observe safe working practices. Each Contractor must read and sign a statement drawing its attention to the Hotel’s Health & Safety procedures. e) The Hotel will not accept responsibility or liability for any Contractor employed to carry out work for or on behalf of the Client. The Client must ensure that all Contractors are competent and are aware of the Hotel’s procedures and are suitably insured for not less than £2m. f ) The Hotel at all times reserves the right to refuse the Client the opportunity to employ the services of an outside contractor within the hotel or designated outside catering event and may insist that all service are provided by the Hotel. g) a separate chargeout fee may apply to clients providing their own preferred contractors, e.g. bands/discos on site for their event. 10. General a) The Hotel reserves the right to refuse any externally arranged entertainment, services or activities that the Client may have arranged and cannot accept liability for any resultant costs. b) Should any of the guests or delegates of the Client be responsible for any aspect of poor behaviour or activities unacceptable to the Hotel, the Hotel reserves the right to terminate the Contract. The Hotelreserves the right to insist on security services being provided by the Hotelat the Client’s cost, taking account of the risk assessment undertaken. c) The costs of repairing any damage caused to property, contents or grounds of the Hotel’s site/venue by the Client or its guests or delegates and all consequential losses must be reimbursed to the Supplier by the Client. d) Unless otherwise advised, the client will be responsible for any aspect of breakages or losses of the Hotel’s equipment or supplies whilst on the Hotel’s site during the period of an event. The supplier will levy a charge equal to the item at cost plus a 15% handling charge. e) No wines, spirits or foods brought into the Hotel’s venue /site may be consumed without the prior written consent of the Hotel.Corkage facilities are not available. The Hotel may terminate the Contract or apply a premium on the published room hire in the event that the Client declines a minimum level of food services as quoted. f ) The Hotel will not be liable for any failure to provide or delay in providing facilities, accommodation, services, food or beverages as a result of events or matters outside their reasonable control. In such case the Hotel may by written notice to the Client elect to terminate the Contract and be paid for work done & material used on a quantum merit basis by the Client. g) The Hotel’s name, logo and telephone number cannot be used in any advertising or publicity without the prior written consent of a Director of the Hotel. h) The Client is responsible for ensuring that any band or artiste employed by it complies with all statutory requirements and requirements of the management of the Hotel. i) No goods and services can be bought or sold on the Hotel’s site/venue and no tickets may be sold at the door. j) The Hotel’s site/venue must comply with all applicable licensing and statutory regulations the Client must fulfil its obligations (as notified from time to time) in this respect. k) The Hotel is concerned for the health and safety of its guests. The Client is required to obtain the prior written approval of the Hotel if it wishes to fix items to the walls, floors and ceilings. l) Unless specific security arrangements are made with theHotel, the Hotel accepts no responsibility for any Client equipment or other Client property left at the Hotel’s site/venue, except within the terms of the Hotel Proprietors Act. m) These conditions shall be governed by English law. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement, this Agreement is not intended to, and does not, give any person who is not a party to it, any right to enforce any of its provisions. n) The Client shall not be entitled to assign the Contract to any third party nor utilise the accommodation for any individual purpose other than stated in the Contract without the Hotel’s prior written consent. o) The Hotel shall not be liable to the Client for loss arising from or in connection with any representation, agreement, statement or undertaking made before the date of the Contract other than those representations, agreements, statements and undertakings expressly incorporated or referred to herein.
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