Terms and Conditions
Booking Online
1.0 DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following definitions apply: “Agreement” - means the proposal and these terms and conditions. “Agreed Guests Number” – means the agreed number of guests in respect of the event stated in the proposal and/or contract document. “Arrival Date” – means the first day of the event as specified in the proposal and/or contract document. “Charges” – means such fees payable by you for the event as detailed in the proposal and/or contract document. “Event” – means such event as detailed in the proposal and/or contract document. “Final Guests Number” – has the meaning given in section 7. “Force Majeure Event” - means any event or sequence of events beyond our reasonable control and which prevents us from, or delays us in, performing our obligations under this agreement including, but not limited to: terrorist activity (threatened or actual) or potential for terrorist activity (as determined by us in our sole discretion) whether within the proximity of the venue or otherwise, misconduct or negligence of an attendee, guest or external third party, war or threat of war, civil or political action or disturbance, riot, natural disaster, fire, epidemic, pandemic, military activity, governmental or regulatory action, industrial dispute, act of God, failure of power or machinery, failure of or interruption in externally provided services and utilities, and all similar events outside of our control. Covid-19 shall not constitute a force majeure event. “Guaranteed Guests Number” – means the minimum number of guests guaranteed in respect of the event as stated in the proposal and/or contract document. “Parties” – means both you and us and a ‘party’ shall be construed accordingly. “Terms and Conditions” - means these terms & conditions for the proposed or booked meetings or event. “Total Number” - means the total number of guests for each day of the event. “You” and “Your” - means the customer entity detailed in the proposal and/or contract document. “Venue” - means The Eastside Rooms at 2 Woodcock Street, Birmingham, B7 4BL. “We”, “Us” and “Our” – means Blackhorse HCC Ltd (company registration number 10313117) with a registered address of 10 Queen Street Place London, England, EC4R 1BE. t/a Aloft Birmingham Eastside and The Eastside Rooms. “Working Day” means a day other than a Saturday, Sunday or bank or public holiday in England.
2.0 APPLICATION OF THESE TERMS AND CONDITIONS
2.1 These terms and conditions apply to and form part of the agreement between the parties and supersede any previously issued terms and conditions of purchase or supply.
3.0 RIGHT OF RELEASE
3.1 We reserve the right to release the facilities required for the event without further notice to You if the Agreement is not entered into within 5 working days of the date of the proposal or contract document.
4.0 CHARGES
4.1 The Charges for the event shall be set out in the proposal and/or contract document. 4.2 The Charges are exclusive of; (i) All other related Charges or taxes which shall be charged in addition to Our standard rates.
5.0 DEPOSIT AND PRE-PAYMENT
5.1 We may agree to any of the following payment plans with You (in Our sole discretion): (i) Approved Account You have an approved credit facility with Us and an invoice in respect of the charges will be raised and sent to You for payment after the Event, which must be paid by You within 7 calendar days. (ii) Credit Card To pay by credit card, please complete a credit card authorisation form, available on request. Authorisation will be taken on the card for the full amount of the Event prior to arrival. The credit card will be charged on departure in respect of the charges and a receipt will be provided to the card holder. (iii) Pre-Payment If no credit facilities or credit card details are available, full pre-payment of the charges will be required in accordance with the following schedule: Amount to be Paid PrePayment Schedule Exclusive/Special Event. (% calculated with reference to the total within the proposal) Large Events. (% calculated with reference to the total within the proposal) Medium Events. (% calculated with reference to the total within the proposal) Small Events. (% calculated with reference to the total within the proposal) Within 14 days of the signed agreement. 25% 25% N/A N/A 26 weeks prior to the event. 75% 50% N/A N/A 12 weeks prior to the event. 100% 90% 75% 50% 4 weeks prior to the event. 100% 100% 100% 100%
5.2 We are entitled (in our sole discretion and if we deem necessary to request fourteen (14) days before the Event that You pay an additional sum (in an amount to be confirmed) to that specified in the above table in respect of (i) any anticipated additional costs or expenses for items not yet confirmed and (ii) any potential increases in the Agreed Guest Number as You have notified to Us. This will be referred to as a “contingency for anticipated extras” and may be based upon a percentage of the known costs at that date.
5.3 Notwithstanding the pre-payment schedule above, if the Event is to take place within four (4) weeks of the date of the Agreement, the full amount of the charges must be paid upon signature of the Agreement.
5.4 Failure by you to pay any such deposit or pre-payment within fourteen (14) calendar days of the due date, we may treat the booking as cancelled by you (in our sole discretion).
5.5 If any payment owed to Us by You in respect of this agreement is not received on its due date, We reserve the right to charge 8% interest above the Barclays Bank Plc base rate on the outstanding amount or a rate of interest in line with Late Payment of Commercial Debts (Interest) Act 1988 as appropriate for each day that such payment is late until the payment is settled in full.
6.0 EVENT DETAILS
6.1 We grant You a licence to use the Venue strictly for the purpose of the Event in accordance with these Terms and Conditions.
6.2 Any changes required to the Event must be notified by You to Us in writing at least three (3) Working Days prior to the Arrival Date of the Event. Any changes requested after this time will only be accepted in Our sole discretion.
6.3 The space allocated for the Event is dependent on guest numbers. If either the Agreed Guests Number or Final Guests Number fall below the Guaranteed Guests Number, We reserve the right in our sole discretion, to: (i) Change the Event space allocated. (ii) Relocate the Event to an alternative venue; and/or (iii) Implement additional charges. 6.4 Notwithstanding section
6.4 You will always remain liable to pay the Charges in respect of the Guaranteed Guests Number.
6.5 if either the Agreed Guests Number or Final Guests Number increase so that in our opinion, the Event space allocated is too small to accommodate the increase of numbers, We are not obliged to accept the additional numbers. We reserve the right, in Our sole discretion, to either: (i) Cancel the Event and charge client cancellation charges in accordance with section 9 below. (ii) Change the Event space allocated within the Venue. (iii) Relocate the Event to an alternative venue; or (iv) Renegotiate the terms of this Agreement as applicable. In the event We exercise option (ii) or (iii), We reserve the right to implement such additional charges as deemed reasonable in Our sole discretion.
6.6 We reserve the right to change Your assigned Event space to an appropriate alternative space if we have, in Our sole discretion, a reasonable operational reason for doing so. We will endeavour to give You prior notice of such change.
6.7 The facilities available as part of the Event are for Your (and any of Your subsidiaries) exclusive use. The resale of such facilities is not permitted without Our prior written consent.
6.8 The Event shall start and finish at the time set out in the proposal and/or contract document. Should the Event fail to start and finish at such specified times, You shall be liable to pay any additional charges as deemed reasonable in Our sole discretion [(unless such failure is as a direct result of any act or omission made by Us)].
6.9 You may not bring any food or beverages into the Venue for use during the Event, unless agreed in writing in advance with Us. When agreed that such food and drink can be brought into the Venue, additional disclaimers and charges will apply, in Our sole discretion.
6.10 You shall pay any additional sums charged for any food, beverage and/or other services not provided for in the Event package but made available on Your request during the Event.
6.11 Any special dietary requirements should be notified to Us at least three (3) Working Days prior to the Event. 6.12 You will always comply with all applicable laws, including, without limitation, any laws relating to licensing and entertainment, in relation to this Agreement and as applicable to the Event.
7.0 GUEST NUMBERS
7.1 The proposal and/or contract shall specify the Agreed Guests Number that You expect to attend the event and the Guaranteed Guests Number of guests that We will accept for the event.
7.2 You must notify Us of the final number of guests attending the event at least ten (10) Working Days prior to the Arrival Date of the Event (the “Final Numbers”). Any changes to the number of guests due to attend the Event after this time will only be accepted in Our sole discretion. If accepted, We reserve the right to implement such additional charges as deemed reasonable in Our sole discretion.
7.3 You will provide a rooming list for any guestrooms booked to Us, at least ten (10) Working Days prior to the Arrival Date of the Event. 7.3 The Charges will be calculated according to the highest of either the Guaranteed Guests Number or the Final Guests Number attending the Event.