TERMS & CONDITIONS
Ascot Hospitality Consumer Terms and Conditions of Booking Services for a Function
IMPORTANT NOTICE TO THE CUSTOMER:
To protect your own interests as a consumer please read this document carefully before signing and returning the Event Agreement to Ascot Hospitality. If you are uncertain as to your rights contained in these terms and conditions or if you want any explanation about them please contact your local Citizen’s Advice Bureau or consult a solicitor. The following terms and conditions apply to and form part of the Contract entered into between Ascot Hospitality and a Customer making a booking for Services to be provided at a Function.
1 Definitions in these terms and conditions, unless the context otherwise requires:
1.1 Act means any production company, performers, musicians or other live act or equipment.
1.2 Charges means the sums which the Customer has agreed to pay to Ascot Hospitality in respect of the Services for the Function.
1.3 Contract means the contract for the supply of Services by Ascot Hospitality to the Customer comprising these terms and conditions and the Booking Form.
1.4 Customer means you or the person on behalf of whom you are making the booking.
1.5 Booking Form means the document confirming the Customer’s requirements which is signed when entering into the Contract.
1.6 Function means the function, party or other occasion at which the Services are to be provided.
1.7 Guest means any person attending the Function.
1.8 Payment Request means a written request for payment of all or any of the Charges, including an invoice.
1.9 Premises means the rooms or locations within the venue, stadium or other premises at which the Services are to be provided.
1.10 Ascot Hospitality means Sodexho Prestige Limited (trading as Ascot Hospitality).
1.11 Services means the supply of food and drink and any catering and other services agreed between the parties on the Booking Form.
1.12 VAT means Value Added Tax or any similar tax in force from time to time.
2 Formation of Contract
2.1 The Contract shall be created when Ascot Hospitality receives the signed Booking Form from the Customer together with payment.
2.2 The Services are provided by Ascot Hospitality subject to these terms and conditions together with any previous written or oral promises or claims made by Ascot Hospitality or any of its authorised representatives.
2.3 Ascot Hospitality intends to rely upon the written terms and conditions set out in this document. If the Customer requires any changes, this request and any changes made must be put in writing to avoid any uncertainty as to what Ascot Hospitality and the Customer are expected to do.
2.4 Until the Booking Form has been signed by the Customer and payment received, there is no Contract in place.
3 Ascot Hospitality’s Obligations
Ascot Hospitality shall use reasonable care and skill in supplying the Customer with the Services detailed in the Booking Form.
4 Customer’s Obligations
4.1 The Customer shall:
(a) pay the Charges promptly as such sums become due to be paid;
(b) pay for the greater number of Guests notified to Ascot Hospitality or the actual number of Guests attending the Function;
(c) obey all reasonable instructions given by Ascot Hospitality staff at the Function;
(d) pay the cost of clearing up unreasonable amounts of debris (including party string or vomit) resulting from acts of the Customer or its Guests;
(e) not damage, nor permit any of its Guests to damage or deface the Premises in any manner whatsoever nor allow or permit a breach of the law. The Customer shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of any licence for music and dancing or the sale of alcohol. Failure to comply with this clause shall constitute a breach of these terms and conditions and entitle Ascot Hospitality to require the offending Guest(s) to leave the Function if it is reasonable for Ascot Hospitality to do so;
(f) not consume any food or drink within the Premises except for that supplied as part of the Services;
(g) not introduce or attempt to introduce any signage or other publicity material into the Function or onto the Premises without Ascot Hospitality’s prior written consent. This consent shall not be refused without good reason;
(h) obtain Ascot Hospitality’s written permission, such permission not to be refused without good reason, before the Customer hires any Act for the Function; and
(i) ensure that the Act has public liability insurance to the value of at least £2 million to cover any death of or injury to any person or the loss of or damage to any property resulting from the malfunction of the Act’s equipment and from their actions generally.
4.2 The Customer confirms that they are buying the Services as a consumer for their own use and accordingly do not intend to resell the Services.
5 Payment
5.1 The Customer must pay the full amount and complete the booking form in order to confirm the Function with Ascot Hospitality for the provision of the Services.
5.2 In the event that the Customer does not pay any amount within 7 days of becoming due, Ascot Hospitality shall be entitled to cancel the Contract.
5.3 If Ascot Hospitality does not cancel the Contract because of a failure by the Customer to pay any amount due within the time provided for payment, Ascot Hospitality shall be entitled to charge interest on that amount daily, at the rate of 3% interest above HSBC Bank plc base rate, from the date on which payment was due until the actual date of payment.
5.4 If the Customer pays any amount by debit or credit card, the card will be charged at the time such payment is made.
5.5 If the Customer pays any amount by debit or credit card, a surcharge may be incurred (to be advised at the time of booking) in addition to the Charges.
5.6 VAT shall be included in the Charges and be payable at the current rate as at the date of the Payment Request.
6 Cancellation by the Customer
6.1 The Customer is entitled to cancel the Contract by sending written notice to Ascot Hospitality no later than 7 days after the date on which the Customer sends the Booking Form to Ascot Hospitality. If the Customer requests cancellation at a later date then, unless Ascot Hospitality is in breach of contract, Ascot Hospitality has the right to retain all or part of the payment as a contribution towards any reasonable losses or costs Ascot Hospitality suffers as a result of the cancellation.
6.2 If the Customer cancels the Contract more than 7 days after the date on which the Customer sends the Booking Form to Ascot Hospitality and the Customer does not agree to pay a contribution towards any reasonable losses and costs Ascot Hospitality suffers as a result of the cancellation, Ascot Hospitality may be entitled to claim damages in accordance with the general rules of English law.
7 Cancellation by Ascot Hospitality
7.1 Ascot Hospitality is entitled to cancel the Contract by sending written notice to the Customer no later than 7 days after the date on which the Customer sends the Booking Form to Ascot Hospitality. In the event of such termination by Ascot Hospitality, Ascot Hospitality shall refund in full all sums paid by the Customer.
7.2 (a) If Ascot Hospitality is denied access to provide the Services at the Premises after using its best endeavours to secure access in advance of the date of the Function and there has been no fault on the part of Ascot Hospitality which causes such access to be denied, Ascot Hospitality shall be entitled to cancel the Contract. In the event of such termination by Ascot Hospitality, Ascot Hospitality shall offer to provide the Services to the Customer on an alternative date, such date to be agreed between the parties.
(b) In the event that Ascot Hospitality and the Customer cannot agree a suitable alternative date on which the Services can be provided, Ascot Hospitality shall refund all sums paid by the Customer, but Ascot Hospitality shall have the right to retain an amount equal to the reasonable costs that it has incurred and which it could not reasonably avoid in preparing to provide the Services.
7.3 (a) If Ascot Hospitality is unable to provide the Services due to circumstances beyond its reasonable control, including circumstances in which the cooking facilities at the Premises do not work or that the function is cancelled by Ascot Hospitality, Ascot Hospitality shall offer to provide the Services to the Customer on an alternative date, such date to be agreed between the parties.
(b) Ascot Hospitality is entitled to cancel the contract not less than 30 days before the Function if less than 60% of places at the Function have been sold by Ascot Hospitality. If Ascot Hospitality cancels under this Condition 8(b) then Ascot Hospitality shall notify the Consumer in writing as soon as is reasonably practicable and:
(i) Ascot Hospitality shall, if it is able, offer a reasonable alternative Function; and
(ii) if this alternative Function is more expensive then Ascot Hospitality shall not charge any extra, but if this alternative Function is less expensive then Ascot Hospitality shall refund the difference in price.
(c) In the event that Ascot Hospitality and the Customer cannot agree a suitable alternative date on which the Services can be provided, Ascot Hospitality shall refund in full all sums paid by the Customer.
8 Termination
8.1 Either party (Terminating Party) may, without prejudice to its other rights or remedies in these terms and conditions, terminate the Contract by notice in writing to the other if the other:
(a) commits a serious breach of any of its obligations under the Contract and does not remedy such breach within 30 days of the date on which a written notice has been given to it by the Terminating Party requiring the breach to be remedied and warning that if the breach is not remedied the Contract may be terminated under this clause 9.1(a);
(b) becomes bankrupt or insolvent or enters into liquidation or receivership or is the subject of an application for an administration order or suffers an administrative receiver to be appointed in relation to the whole or any part of its assets or makes a composition or arrangement with its creditors or suffers any judgement to be executed in relation to any of its property or assets;
(c) undergoes or gives to the Terminating Party an unequivocal indication that it is its intention to undertake a change in the nature of its business such that it (in the case of Ascot Hospitality) will be unable to provide the Services or (in the case of Customer) its requirements for the services will be significantly diminished.
8.2 On termination of the Contract, Ascot Hospitality shall refund all sums paid by the Customer, but shall have the right to retain an amount for any reasonable costs and losses it has suffered and could not reasonably avoid in preparing to provide the Services.
9 Inability to provide an aspect of the services
If, for any reason beyond Ascot Hospitality’s reasonable control, Ascot Hospitality is unable to supply a particular Service specified on the Booking Form Ascot Hospitality shall notify the Customer as soon as possible, Ascot Hospitality shall replace the particular Service with a Service of at least equal standard and value at no additional cost to the Customer. Ascot Hospitality shall agree the details of the replacement Service with the Customer. If it is not reasonably practicable for Ascot Hospitality to replace the Service, Ascot Hospitality shall refund in full all sums paid by the Customer for that particular Service.
10 Variations
If the Customer wishes to vary the Services detailed on the Booking Form after the Contract is made with Ascot Hospitality, a request for that variation must be made in writing to Ascot Hospitality. Any variations may give rise to an additional cost to the Customer of a reasonable amount to reflect the difference in the Services to be provided. Ascot Hospitality shall contact the Customer to discuss any request for a variation of the Services and to agree any additional Charges that this variation will incur.
11 Liability
11.1 Ascot Hospitality will accept liability if something is done negligently by Ascot Hospitality or one of its employees:
(a) causes death or personal injury; and/or
(b) causes damage or loss to the personal property of the Customer or a Guest.
11.2 In order to efficiently process a claim by the Customer or any Guest for compensation for damage or loss caused by Ascot Hospitality or one of its employees, Ascot Hospitality must be notified in writing of the loss or damage and the cost of such loss or damage.
11.3 Ascot Hospitality shall not be liable under any circumstances for any unforeseeable loss, damage or expense suffered or incurred by the Customer arising from or in any way connected with the provision of the Services by Ascot Hospitality at the Function.
11.4 Ascot Hospitality shall not be liable to the Customer or to any Guest if more Guests attend the Function than are previously notified to Ascot Hospitality.
11.5 Ascot Hospitality shall not be liable for any inconvenience due to its failure to perform the Services because of factors which could reasonably be considered to be outside its control, including but not limited to:
(a) any act or omission of any governmental or public authority, including any failure or delay to grant any consent, exemption or clearance, except if caused by Ascot Hospitality’s negligence;
(b) any person with the power to deny Ascot Hospitality access to the Premises to perform the Services exercising such power; and
(c) Acts of God, fire, flood, war, lightning, revolution, act of terrorism, riot, civil commotion, failure of power supplies, shortage of fuel or other goods and services. Save to the extent that Ascot Hospitality shall refund the Charges to the Customer, less an amount to reflect the reasonable costs incurred by Ascot Hospitality in preparing to supply the Services.
11.6 Ascot Hospitality reserves the right to vary the services described in its brochures and on its website, including prices and descriptions. The brochures are provided for general information only and the information contained in them will not be part of the Contract. Ascot Hospitality shall remain liable to the Customer for fraud.
12 Indemnity
12.1 In the event of any legal action being taken by Ascot Hospitality against the Customer for any breach of the Contract, the Customer shall be responsible for all costs allowable by the Court if an award is made in Ascot Hospitality’s favour.
12.2 The Customer shall be liable for any loss of or damage to the property at the Premises including, without limitation, where such loss or damage has been caused by an intentional, reckless or negligent act of the Customer, or any Guest or Act.
13 Sub-contracting and Assignment
13.1 Either party is entitled to assign any of its rights or obligations under an Agreement with the prior written agreement of the other. This consent shall not be refused without good reason.
13.2 If Ascot Hospitality assigns any of its obligations in providing the Services to another company, Ascot Hospitality shall ensure that such company is capable of providing the Services to at least the same standard as Ascot Hospitality.
14 Entire Agreement
14.1 Neither Ascot Hospitality nor the Customer can alter these terms and conditions without the prior written agreement of the other.
14.2 The Customer must not rely on promises, written or verbally made, by anyone other than Ascot Hospitality or its authorised representatives.
15 Waiver
The failure by either Ascot Hospitality or the Customer to exercise any of the rights that it has in these terms, or there is a delay in such rights being exercised, shall not be interpreted as a waiver of those rights, or affect the party’s ability to enforce those rights at a later date.
16 Intellectual Property
All content in or on the Ascot Hospitality or Prestige website and brochures (including pictures, designs, logos and text) (Content) is owned by or licensed to Ascot Hospitality. The Content is protected by copyright and other laws and because of this, the Content cannot be used or copied by anyone other than Ascot Hospitality.
17 Details of Future Events
From time to time Ascot Hospitality would like to send the Customer details of future events and promotions which may be of interest in accordance with its marketing policy. If the Customer would like to receive this information this must be shown by ticking the relevant box on the Booking Form. All personal information held by Ascot Hospitality shall be held in accordance with all relevant data protection legislation.
18 Notices
18.1 Any notices, including any request for variation of the Services by the Customer, should be made in writing and sent by post or fax to the address of the other party shown on the Booking Form.
18.2 Any notice sent by fax shall only be valid when the sender has received a receipt confirming a satisfactory fax transmission.
18.3 The Customer is advised to send any notice cancelling the Contract by recorded delivery post.
19 Third Party Rights
Only the parties to the Contract have the right to enforce any of these terms and conditions, but this does not affect any other right or remedy of a third party.
20 Severability
If any of these terms and conditions shall be found by a Court to be invalid, ineffective or unenforceable, the rest of the terms and conditions shall continue to be valid and enforceable.
21 Governing Law and Jurisdiction
The Contract and these terms and conditions are governed by English law and both parties agree to submit to the jurisdiction of the English Courts.
Sodexho Prestige Limited is a company incorporated in England with registered number 2726494 and having it’s registered office at Solar House, Stevenage Leisure Park, Kingsway, Stevenage, SG1 2UA.
These terms and conditions are available in a larger format from Ascot Hospitality, please email hospitality@ascot.co.uk
