THIS CONTRACT is entered into between:- A. COUCH'S CATERING LTD of Polperro, Cornwall, PL13 2QT (hereinafter called “CCL”) and B. THE CLIENT
1. The following terms and conditions shall apply to any contractual arrangement between CCL and the CLIENT relating to the hiring of facilities, equipment and the provision of services, collectively referred to as The Event and summarised in the Confirmation Sheets following Section 12.2.
2. All the terms of the Contract are set out in this document, which shall prevail over and supersede any otherterms referred to in correspondence or elsewhere or implied by trade, custom, practice or course of dealing.No variation or waiver of any of the Terms of this Contract shall be binding on The CLIENT unless it is made inwriting and acknowledged by the CLIENT.
3.1. All booking requests must be confirmed in writing. No binding contract shall exist until CCL has issued its writtenconfirmation of booking for The Event.
3.2. Provisional booking requests may be accepted by CCL and may be held for a maximum of 14 days. However, ifCCL receives a firm booking request from another hirer for a day on which a provisional booking has been made,CCL will ask for written confirmation of the event at that time from those making the original booking and, unlessthis is given within 48 hours, the relevant dates will be released to the new Hirer.
3.3. CCL reserves the right to alter prices or other details without notice. However, once CCL written confirmation hasbeen issued, prices quoted will be honoured.
3.4. A 50% deposit is payable within 14 days of the date of CCL written confirmation of booking. The balance of allcharges for the Event shall be payable not later than 4 weeks prior to the date of The Event in question.
4.1. The CLIENT shall be responsible for paying all charges arising out of the booking for the Event including anycancellation fees and damages.
4.2. The CLIENT shall, in addition to the Hire Fee, pay to CCL such sums for which CCL invoices the CLIENT in respectof any other additional charges attributable to The Event (including. in particular. for rectification of any damage toany part of the property of CCL. Such payments shall be made within 30 days of receipt of the invoice.
4.3. Any amounts, payable under this Contract, which are not paid on the due date, shall bear interest at the rate of 2percentage points above the base rate of HSBC Bank plc prevailing at the time the amount became payable, suchinterest to be calculated on a daily basis.
5.1. The following cancellation charges apply to all confirmed bookings:5.1.1. if cancelled more than 8 weeks before the event, no deposit refund.5.1.2. if cancelled less than 8 weeks before the event, no refund.
5.2. CCL reserves the right to cancel the booking upon immediate notice if the holding of the event is prevented byreason of circumstances beyond the control of CCL. CCL will attempt to give as much notice as possible but in noevent shall it be liable for any loss or damage arising from the cancellation.Under these circumstances only, CCL will issue a full refund of charges already paid to CCL.
6. SUPPLIERS AND CONTRACTORS
6.1. The CLIENT will advise CCL in writing (if requested) of the identities of all suppliers of goods and services,approximate delivery times and any third parties, agents or contractors.
7. EVENT PLANNING AND PUBLICITY
7.1. Non Disclosure Agreements will happily be granted between the CLIENT and CCL, upon request.
8. LIABILITY AND DAMAGE
8.1. Except to the extent that it is liable under the Occupiers Liability Act 1957 or any statutory re-enactment oramendment of it and except in cases of death or personal injury caused by its negligence, CCL shall not beresponsible for any loss or damage to any property arising out of the holding of The Event, or for any loss due toany breakdown of machinery, failure of supply of electricity or telephone, leakage of water, fire risk, Governmentrestriction, or Act of God which may cause the Event to be interrupted.
8.2. In the event of CCL being unable to carry out its obligations under this Agreement, the liability of CCL to theCLIENT shall be limited to the repayment of the sums already paid by the CCL to CLIENT in respect of The Event.
8.3. The CLIENT shall indemnify CCL in full for any damage caused to the property by the CLIENT, its employees,agents or contractors or any equipment or exhibits brought on to the premises and shall indemnify CCL inparticular against all liability arising from the CLIENT.
8.4. The CLIENT shall be liable for any loss or damage which may be incurred by the CLIENT or any person or personsin their employment or any person or persons in his party.
8.5. CCL will not accept liability for any damage to or loss or theft of the property of the CLIENT (or of its staff,employees, attendees or any contractors) however caused.
8.6. The staff of either CCL may enter any part of the Venue at any time during the Hire Period, and may interrupt orterminate The Event at any time if they believe that the Attendees or the Venue's contents/structure are at any riskor if the CLIENT (staff, attendees, contractors or employees) are breeching the terms of this agreement. In suchcircumstances, CCL will not be responsible for any loss the CLIENT, its employees, attendees or any contractorsmay suffer.
8.7. The CLIENT shall pay a Damage Deposit prior to the Event if requested to do so by CCL. The Deposit will bereturned in full subject to any deductions for damage, extra cleaning and unpaid additional charges caused orincurred by the The CLIENT (or by its staff, employees, attendees or any contractors) however caused. Level ofDeposit to be set by CCL.
9. This contract is to be governed and interpreted in accordance with English law.
10. For the avoidance of any doubt please note that The CLIENT who signs or acknowledges the booking is responsible for ensuring that all their guests, relations, contractors, employees and any other persons, who theyhave invited to the event, adhere to these terms and conditions.