Terms and Conditions
TERMS AND CONDITIONS FOR THE SALE OF CONFERENCE AND ASSOCIATED EVENTS
AT THE UNIVERSITY OF WINCHESTER
Definitions
·‘The contract’ means the agreement between the University and the Client for a specific event or series of events and incorporates these terms and conditions together with any other items stated in the contract.
·‘The University’ and ‘we’ means The University of Winchester of Sparkford Road, Winchester, SO22 4NR
·.‘The Client’ and ‘you’ means the person or body responsible for commissioning of and payment for the event, as stated in the contract
· ‘The property’ means the property or properties which are made available to the Client under the contract.
·"Event" means the use of the property for the purpose specified in the contract
·"Force Majeure" means circumstances beyond the reasonable control of a party to this agreement including but not limited to a labour dispute between a party to this agreement and its employees, a labour dispute between a third party and its employees, war, hostilities, terrorism, revolution, riot or other civil disaster
Interpretation
·The contract will be governed by English Law.
·Unless we agree otherwise in writing, the contract will be personal to you and you may not assign it.
·If any term of the contract is deemed to be unreasonable or unlawful such term shall be modified to exclude the provision that is unreasonable or unlawful
·No third party shall acquire any rights under the contract
Charges and Payment
1. Settlement of all monies due under the contract must be paid prior to the event or on receipt of invoice whichever is the later but if you do not have a UK address or the UK is not your main place of residence payment must be made 42 days prior to the date of the event
2. Credit facilities will only be given to Clients who will be placing business of a minimum of £2000 and who can fulfil the University’s credit criteria. –The University may undertake a credit check before credit facilities are confirmed.
3. Payment is due for credit accounts 28 days after date of invoice. In the event of payment becoming overdue, interest at 2.5% per annum above the current National Westminster Bank base rate will be payable.
4. A deposit or pre-payment may be required as specified in the contract. This money may be used either towards the cost of the event or as security for cancellation or damage caused (including exceptional cleaning costs and removal of rubbish left on the property).. The deposit or prepayment is non refundable.
5. Payment must be in pounds sterling (UK) payable as directed in the contract. Prices quoted include VAT unless otherwise specified. This shall be at the rate prevailing when the contract is prepared and is subject to alteration should the rate change.
The Contract
6. All bookings will be considered as provisional until the written contract issued by the University is signed by both the Client and the University and received back by the University. Once the contract is signed by both parties all such facilities, services, food and beverages reserved on your behalf will be subject to the terms and conditions of the contract and the booking will be treated as a confirmed booking.
7. The contract must be returned by the Client and received by the University within 5 working days of the date of issue or, if such time is not available, within a maximum of 48 hours and prior to the date of arrival. If the contract is not received by the University within this period, the University reserves the right to cancel the provisional booking and re-let the facilities
8. Numbers must be advised to the University at the time of verbal confirmation and will be identified on the contract - these will be the minimum number you will be charged for on your final invoice (subject to conditions 11 and 12). Final timings, menus and any special requests must be confirmed to the University in writing at least 7 days prior to arrival,
Amendments by the Client
9. Subject to facilities being available additions can be made to the final number referred to in condition 8 by negotiation with the University up to but no less than 48 hours before the start of an event.
10. Requests for amendments to delegate numbers and additional requirements must be notified to the University in writing
11. If notification is received in writing by the University at least 7 days prior to the event for any reductions in numbers of less than 5% from those stated on the contract no charge will be made for the reduction of numbers.
12. If notification is received in writing by the University less than 7 days prior to the event for any reduction of numbers of less than 5% or at any time prior to the event of 5% or more, the University will first endeavour to re-sell any facilities and services released, to a similar value. In the event that the released facilities and services cannot be re-sold, then the reduction shall be subjected to the University’s cancellation policy.
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CANCELLATION BY THE CLIENT
13. If you cancel your confirmed booking at any time prior to the event or condition 12 applies you agree to pay promptly a cancellation charge by way of agreed liquidated damages:
14. The cancellation charge shall be either:
a) a sum equal to 50% of the total value of the fees as specified in the contract in the event that you give written notice to cancel the booking or reduce numbers at least 90 days before the first day of the contracted event OR
b) a sum equal to 75% of the total value of the fees as specified in the contract in the event that you give written notice to cancel the booking or reduce numbers of less than 90 days but at least 30 days before the first day of the contracted event OR
c) a sum equal to 90% of the fees as specified in the contract in the event that you give written notice to cancel the booking or reduce numbers less than 30 days before the first day of the contracted event.
Any cancellation must be put in writing by the Client but may be given verbally in the first instance to the conference office,
15. If the Client can establish to the University’s reasonable satisfaction that a cancellation or postponement is due to force majeure, then clause 37 shall apply.
16. The University will endeavour to re-sell the facilities If we are able to do so, we shall reduce the cancellation charge by the profit on any alternative business we have been able to secure to replace the cancelled booking.
Amendments or cancellation by the University
17. If the University for any reason needs to make any amendments to your booking, we reserve the right to offer an alternative choice of facilities.
18. As an overriding right the University may withdraw the property from use upon giving as much notice as is reasonably possible, but without liability for any damages, loss or compensation whether financial or otherwise, except in the event of force majeure when the provisions of clause 37 shall apply.
19. In the event of behaviour or activities unacceptable to the University occurring at the event or during your stay, the University reserves the right to terminate the event or your stay. If this occurs, no monies will be refunded to you. The decision of the Director of Campus and Conference Services or his deputy on such matters is final.
20. The University may cancel the booking at any time:
·If the booking might, in the opinion of the University, prejudice the reputation of the University
·If the Client is more than 30 days in arrears of previous payments to the University
·If the University becomes aware of any alteration in the Client’s financial situation
·In the event of force majeure (subject to the provisions of clause 37)
Arrival/Departure
21. The bedroom accommodation is available from 1400hrs on the day of arrival, and must be vacated by 10.00am on the day of departure, unless specific arrangements have been agreed.
22. Meeting rooms will be made available for the time shown on your contract and you will be expected to vacate by the end of that period. If requested, the University will do its best to accommodate you with any extension but this may not always be possible. Where the University is able to accommodate you with an extension then additional reasonable charges will be made.
General
23. The University reserves the right to approve any externally arranged entertainment, services or activities you have arranged and we cannot accept liability for any cost that you may incur if approval is withheld or withdrawn.
24. The costs of repairing any damage caused to the property, contents or grounds by you or any person attending your event, any exceptional cleaning costs and the costs of removal of rubbish following an event must be reimbursed to the University by you.
25. No food or drink may be brought onto the property by you or any third party unless by prior arrangement with the University.
26. The University name/logo may be used in publicity for an event once a proof of the promotional material has been agreed with the University.
27. No fly posting or unauthorised advertising is permitted.
28. You are responsible for ensuring that any musical or theatrical performance forming part of an event complies with any licensing requirements and any conditions of the University notified to you
29. You must ensure that nothing occurs at the event in contravention of the law relating to gaming betting and lotteries.
30. The University is subject to licensing and statutory regulations in relation to the property. You will not permit the sale of alcohol at the event other than as provided by the University. If selling goods at the property you are responsible for compliance with fair trading laws and codes of practice in respect of such sales. You are responsible for ensuring that any licensing or statutory regulations as notified by the University are observed.
31. You must comply with any directions given by the University concerning health and safety and fire precautions. You are required to obtain prior written approval if you wish to fix items to the walls, floors or ceilings and to ensure that any electrical appliances brought on to the property are safe and in good working order and used in a safe manner and must comply with PAT testing rules. The University reserves the right to terminate the use of any equipment which customers bring on site which is not deemed to be safe. No flammable or combustible materials are permitted at the event without prior written approval of the University. The University may require a risk assessment before approval
32. You must report all accidents involving injury to the University and you may be required to complete an accident form for the relevant authority (the University will provide the form).
33. It is in your interest to have in force a policy of insurance to protect you and your event against cancellation or abandonment non-appearance of speakers or delegates, property damage at or to the property or its contents, third party, bodily injury, and third party damage. The University does not accept liability for these (except to the extent that death or injury is caused through the University’s negligence). The University may request a copy of your insurance policy.
34. No animals are permitted at the event other than guide animals
35. Parking is permitted only in parking spaces allocated as part of the contract and is at your own risk.
36. You are responsible for ensuring that any event involving children under the age of 18 is properly supervised and that only fit and proper persons have access to the children You are responsible for any children who attend the event and their behaviour.
37 Force Majeure
37.1 Neither party should be liable for any failure to perform or delay in performance of any of its obligations under this agreement caused by force majeure.
37.2. The party claiming force majeure shall promptly notify the other party in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage.
37.3. If the party claiming force majeure has complied with sub clause 2 its performance under this agreement shall be suspended for the period that the force majeure event continues and the party will have a reasonable extension of time for performance of its obligations given all the circumstances.
37.4. As regards the delay or stoppage arising from force majeure any costs arising from such delay or stoppage shall be borne by the party incurring those costs and the party claiming the force majeure shall take all reasonable steps necessary to bring that event to a close or to find a solution by which its obligations under this agreement may be performed despite force majeure.
37.5. If force majeure continues for more than 30 consecutive days the party which is not claiming the force majeure may terminate
this agreement with immediate effect on giving written notice to the other party and neither shall be liable to the other for such
termination.