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Room Hire Terms & Conditions

GENERAL CONDITIONS OF CONTRACT FOR VENUE HIRE

 

1. Interpretation

1.1 The following words and expressions shall have the following meanings:
Booking Form: means our order form that sets out details of your Order.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the hire of the Venue and Equipment, as set out in the Booking Form.
Conditions: means the terms and conditions set out in this document.
Contract: the contract between the Customer and the Supplier for the hire of the Venue and any Equipment, in accordance with the Booking Form and these Conditions.
Customer: means the person, firm or business referred to as such in the Booking Form.
Customer Equipment: has the meaning provided to it in clause 3.5.
Data Protection Legislation: any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679.
Equipment: means the equipment made available by us to you, as part of the Order.
Order: your order for the hire of the Venue and any Equipment, as set out in the Booking Form.
Hire Period: means the period of hire as set out in the Booking Form.
Supplier: Finch Consulting Limited, company number 02774164.
Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Booking Form.

1.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4 A reference to writing or written includes email.

2. Confirmation of hire

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to hire the Venue and any Equipment in accordance with these Conditions.

2.3 The Order shall be deemed to be accepted upon the Supplier issuing the Customer with written acceptance, at which point the Contract between the parties shall come into existence.

2.4 If there is any conflict or ambiguity between the terms of Booking Form and the terms of these Conditions, a term contained in the Booking Form shall have priority over one contained in these Conditions.

2.5 The Contract shall expire at the end of the Hire Period, unless it is terminated earlier by the Supplier, in accordance with these Conditions.

3. Terms of hire

3.1 Subject to clause 6, the Supplier grants the Customer a right for the Hire Period to enter and use the Venue in accordance with these Conditions. The Customer acknowledges that:
(a) the Customer 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 Supplier and Customer; and
(b) the Supplier retains control, possession and management of the Venue and the Customer has no right to exclude the Supplier from the Venue. The Supplier reserves the right to enter the Venue at all times during the Hire Period.

3.2 The Customer agrees and undertakes:
(a) 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 Supplier or to any other customers of the Supplier, or any owner or occupier of neighbouring property;

(b) to comply with the terms of this Contract and any instructions or notices from the Supplier;
(c) not to cause or permit to be caused any damage to the Venue and/or any Equipment, including any furnishings, equipment or fixtures at the Venue;
(d) not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue and smoking shall be restricted to the office park communal areas only (as the same are notified to the Customer, by the Supplier);
(e) not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;
(f) not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of the Supplier;
(g) 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 written consent of the Supplier;
(h) to leave the Venue in a clean and tidy condition and to remove the Customer’s decorations, displays and any other Customer Equipment from the Venue at the end of the Hire Period;
(i) not to bring or permit to be brought any animal onto the Venue without the prior written consent of the Supplier, with the exception of assistance dogs within the meaning of the Equality Act 2010; and
(j) to must abide by all rules, policies and procedures in place at the Venue, including without limitation, the Supplier’s health and safety policies and fire evacuation procedures.

3.3 Car parking facilities are available (subject to availability) and cars may not be left at the Venue overnight.

3.4 The Customer must satisfy itself that the Venue and any Equipment it hires from the Supplier, is suitable for the purposes that the Customer requires it for.

3.5 Where the Customers wishes to bring any of its own equipment into the Venue (Customer Equipment), the Customer must notify the Supplier of this upon placing the Order and, ensure that such equipment has the relevant Portable Appliance Certificates (where applicable). The Supplier has the right to request a copy of such certificates from the Customer and, the Customer must provide this to the Supplier on demand.

3.6 The Customer is responsible for insuring the Customer Equipment which is brought in to the Venue and, the Supplier shall not under any circumstance (save for its negligence) be responsible for or, accept liability for the Customer Equipment.

3.7 The Supplier shall retain title to the Equipment at all times. Risk in the Equipment vests in the Customer for the duration of the Hire Period and, until such time as the Equipment is returned to the Supplier.

3.8 Where the Customer hires Equipment form the Supplier:
(a) the Equipment must be used at the Venue only and, the Customer must not remove the Equipment or permit a third party to remove the Equipment from the Venue;
(b) the Customer must ensure that the Equipment is kept and operated in a suitable manner in accordance with any operating instructions provided by the Supplier and, used only for the purposes for which it is designed;
(c) the Customer must not alter the Equipment or remove any existing components from the Equipment;
(d) the Customer must not, part with control of, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(e) the Supplier has the right to inspect the Equipment at any time; and
(f) the Customer must not use the Equipment for any unlawful purpose.

4. Charges and payment

4.1 The Customer shall pay the Charges in accordance with this clause 4.

4.2 The Supplier shall issue an invoice for the Charges, which shall be payable immediately upon demand, and in any event before the commencement of the Hire Period.

4.3 Where the Customer orders additional items from the Supplier during the Hire Period (for example, Equipment), the Supplier shall invoice the Customer for the Charges relating to those items and such invoice shall be paid in full within 7 days of the date of the invoice.

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

4.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier’s remedies under clause 6, the Customer 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%.

4.6 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).

5. Liability

5.1 The restrictions on liability in this clause 5 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

5.2 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.

5.3 Subject to clause 5.2, the Supplier shall not be liable for:
(a) the death of, or injury to, the Customer or that of the Customer’s employees, contractors or any other guests or invitees to the Venue; or
(b) damage or theft of any property of the Customer or that of the Customer’s employees, contractors or other guests of invitees to the Venue, except to the extent that such damage or theft arises from the negligence of the Supplier.

5.4 Subject to clause 5.2 and clause 5.3, the Supplier’s total liability to the Customer shall not exceed 110% of the total Charges paid to the Customer under the Order.

5.5 Subject to clause 5.2 and clause 5.3, the following types of loss are excluded:
(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.

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

5.7 The Customer will be liable for all and any damage caused to the Venue and/or Equipment, unless such damage is caused by the Supplier. This includes, without limitation, damage to the Venue floors and walls.

5.8 The Customer is responsible for checking the Venue and Equipment prior to using them during the Hire Period and, must promptly notify the Supplier if its notes any damage to the Venue and/or Equipment. If the Customer uses the Venue and/or Equipment, without notifying the Supplier of such damage, the Customer will be held responsible for the damage.

6. Cancellation

6.1 The Supplier may cancel the Contract with immediate effect by giving the Customer or Customer’s authorised representative notice in writing if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment;
(b) the Customer commits a material breach of any term of the Contract;
(c) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) the Customer’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;
(e) the Customer is unable to perform its obligations in connection with the Contract pursuant to clause 8.1.

6.2 Subject to providing the Supplier with written notice and paying a cancellation fee (both as stated in the table below), the Customer may cancel the Contract prior to the commencement of the Hire Period:

6.3 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.

7. Data protection

7.1 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of the Data Protection Legislation.

7.2 Notwithstanding the provisions of clause 7.1 above, to the extent that the Supplier processes any personal data under the Contract as a controller, it shall do so in compliant with the Data Protection Legislation and in line with its privacy policy available at https://www.finch-consulting.com/privacy-policy/

8. General

8.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

8.2 The Customer 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 Supplier’s prior written consent.

8.3 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

8.4 Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of 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.

8.5 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

8.6 A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

8.7 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 this clause 8.7 shall not affect the validity and enforceability of the rest of the Contract.

8.8 Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or
(b) sent by email to the address specified in the Booking Form.

8.9 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) 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;
(c) 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.

8.10 Clauses 8.8 and 8.9 do 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.

8.11 The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

8.12 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.

8.13 Each party irrevocably agrees that the courts of England 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.