Oakley Hall Hotel
Terms & conditions
1. DEFINITIONS
1.1 Conditions - means these terms and conditions which apply to all Event bookings at the Hotel.
1.2 Contract - means the contract for the provision of the Event including (where applicable) accommodation facilities and services by the Hotel to the Guest as set out in the Appendix and these Conditions.
1.3 Customer - means the company, firm, body, partnership, principal or individual booking the Event.
1.4 Deposit - means the sum of money due to the Hotel in advance of the Event in order to secure the booking or reservation.
1.5 Event - means the event (including, but not limited to, the accommodation, services and other facilities) booked by the Guest, the specific details of which are set out in the Appendix.
1.6 Guest - invitee of the Customer.
1.7 Hotel - means Oakley Hall Park Limited (company registration number: 02799055).
1.8 Manager - means the Hotel's manager in control of the Event from time to time.
1.9 Minimum Guaranteed - means the number of persons booked for the accommodation and/ or the Event per day as specified in the Appendix.
1.10 Working day - means a day which is not a Saturday or Sunday or bank or public holiday in England.
These Conditions, and the Hotel's privacy policy all apply to any booking of an Event the Customer makes with the Hotel. It is the Customer's responsibility to read these Conditions, and all information relevant to the Event booking before entering into a Contract with the Hotel. Copies of the Conditions, and the Hotel's privacy policy may be obtained on request. These Conditions, the privacy policy and the appendix shall all be incorporated into and form the Contract.
If the Customer comprises more than one person then each person comprising the Customer shall be jointly and severally liable in respect of the duties, obligations and responsibilities of the Customer under the Contract. This means that each person comprising the Customer shall be together responsible for the whole of the duties, obligations and responsibilities imposed on the Customer and each will be individually responsible for the whole of the duties, obligations and responsibilities imposed on the Customer. For example, if the Hotel is not paid an amount due under these Conditions by the relevant due date, then the Hotel has the choice whether to pursue either or each person comprising the Customer for the whole amount due or a portion of it.
2. RESERVATIONS, BOOKINGS AND CONTRACT
2.1 The Hotel agrees to hold all reservations or bookings made by the Customer on a provisional basis for no more than 7 working days unless otherwise agreed by the Hotel (the Provisional Reservation Time Period).
2.2 In order to confirm an Event booking a signed copy of the Contract is required to be returned by the Customer to the Hotel alongside the Deposit payment (if Deposit payment is required). Once the signed copy of the Contract is returned by the Customer to the Hotel, the Deposit payment has been made (if required) and the Hotel confirms the booking in accordance with clause 2.3 there is a binding contract in place between the Hotel and the Customer.
2.3 Confirmation of the booking shall be made by the Hotel in writing on receipt of the signed Contract and payment of the Deposit by the Customer (if Deposit payment is required). For the avoidance of doubt, the booking is not finalised (and no binding contract will come into effect between the Customer and the Hotel) until the Hotel has received a signed copy of the Contract and payment of the Deposit (if Deposit payment is required).
2.4 By making an Event booking, the Customer accepts these Conditions, including the cancellation and payment terms in clauses 5 and 6.
2.5 If confirmation of the booking is not made within the Provisional Reservation Time Period, the Hotel reserves the right to cancel the reservation or booking without further recourse to the Customer.
2.6 The nature of the Event shall be notified to the Hotel at the time of the booking, as shall any changes in the nature of the Event. The Hotel may at its absolute discretion terminate the Contract and cancel the Event if at any time before the Event it becomes clear that the Event would be unsuitable to the Hotel or its other guests. Examples of the Event becoming unsuitable include, but are not limited to:
2.6.1 in the reasonable opinion of the Hotel, the Event would prejudice or detrimentally affect the reputation of the Hotel;
2.6.2 the Customer is or is discovered to have been physically or verbally abusive to staff members or other guests of the Hotel prior to the Event; or
2.6.3 the Hotel discovers that the Customer has previously attended the Hotel and was involved in or responsible for damage to the Hotel premises; or
2.6.4 the Customer has otherwise been banned or excluded from the Hotel.
2.7 If the Hotel terminates the Contract in accordance with clause 2.6, the Hotel will refund to the Customer any payments already made to the Hotel less any reasonable charges in accordance with clause 5.3.
2.8 The Hotel reserves the right to change bedrooms and function rooms booked where it considers it necessary to do so. Examples of where it may be necessary to change bedrooms and function rooms include due to significant change in customer numbers or failure of any maintenance or utility service, or the closure of any bedrooms and function rooms due to health and safety reasons or damage to them. In the event that the Hotel has to change bedrooms or functions rooms the Customer will be contacted by the Hotel in writing as soon as reasonably possible to be made aware of such changes. The Hotel will endeavour to offer alternative rooms that are of similar size and specification to the rooms originally booked by the Customer. If the Hotel is required to change rooms to those which are smaller or lower specification, then the Customer will be entitled to a price reduction or refund (as applicable) equivalent to the difference in price of the respective rooms. If the Customer is required to be moved to rooms which are bigger or higher specification, then the Customer will be required to pay for the increased cost of such rooms. The Customer will in each case have the right to terminate the Contract if it does not agree to the change in rooms and such change is more than minor or trivial and receive a full refund of any payments made by the Customer up to the point of such termination less a fair and reasonable amount to reflect the value of any services received up to that point from which the Customer has derived a benefit, for example food tasting. Each change of bedroom or function room, and any resulting refund or other payment that the Customer may be entitled to as a result, will be managed by the Hotel on an individual basis depending on the circumstances of the change.
2.9 The Hotel reserves the right to accept more than one event on any particular day. The Hotel makes no warranty or guarantee or promise that the Customer will have exclusive use of the Hotel premises or any of the facilities of the Hotel unless agreed otherwise in writing between the Hotel and the Customer.
3. ACCOMMODATION CHECK IN & CHECKOUT
3.1 The Hotel accommodation check-in time is 15h00.
3.2 The Hotel will endeavour to make accommodation available as soon as possible on the day of arrival. The Hotel will store the Customer's luggage and belongings if the Customer arrives earlier than the check-in time until such time as the allocated accommodation is available.
3.3 Otherwise than as expressly provided by the Hotel Proprietors Act 1956 (which imposes duties upon the Hotel in respect of property of guests left on the property of the Hotel in certain circumstances) or if the Hotel is negligent or in any other circumstances where the Hotel cannot exclude liability (see clause 11.3 for further information) (in which case the Hotel will be liable for damage, loss or theft of the Customer's and their Guest's property), the Customer and Guests acknowledge that the Hotel does not accept any responsibility for the luggage and other belongings or vehicles of the Customer and Guests stored in or left on Hotel premises and the Hotel and such luggage and other belongings are left at the Customer's and Guests' respectable risk.
3.4 Unless otherwise advised by the Customer, accommodation that is not occupied by 21h00 on the day of arrival shall be considered by the Hotel to be no longer required and will be released to be available to any other guest. The Hotel reserves the right to charge the Customer for the first night's accommodation.
3.5 The Hotel's accommodation check out time is 11h00 on the day of departure. Late check out may be possible on request at an additional fee; the Hotel recommends the Customer contacts the Hotel reception team to check availability and confirm additional charges. The Hotel reserves the right to make further reasonable charges for late check-out of a room to reflect the Hotel's reasonable losses where such late check-out has not been agreed between the Customer and the Hotel in advance.
3.6 Access and vacate times in respect of all function rooms and/or facilities set out in the Appendix are to be adhered to strictly. The Hotel reserves the right to make further charges for late vacation. Early access and late vacation may be available on request at an additional fee and must be communicated and agreed with and by the Hotel in writing prior to the Event taking place. Additional hire charges may apply and will be communicated to the Customer by the Hotel at the time of the request. The Hotel reserves the right to make further reasonable charges to reflect the losses to the Hotel for late vacation where this has not been agreed between the Customer and the Hotel in advance.
3.7 Accommodation cancellation policy is 12 noon the day prior to arrival unless agreed otherwise between the Hotel and the Customer. This means the Customer can cancel their accommodation reservation free of charge until 12pm the day prior to the arrival date. If the Customer cancels after this time it will be charged in full for the relevant accommodation unless the Customer is cancelling due to something the Hotel has done (see clause 5 below for further information) or under clause 12. Some bedrooms may have different cancellation policies, but this will be made clear at the time of booking and stated on the bedroom confirmation which the Customer will receive from the Hotel after confirming the accommodation reservation.
3.8 Dinner inclusive packages - the food allowance is up to £35.00 per adult. If this allowance is exceeded, the Customer will be charged for any additional food consumed in accordance with the prices set on any menus provided to the Customer and their Guests. The additional amount must be paid for on departure. Dinner allowance excludes beverages.
4. AMENDMENTS TO GUEST NUMBERS OR CHANGE OF DATE
4.1 At the time of confirming the booking the Customer shall contract with the Hotel the number of guests expected to attend the Event and this will be specified in the Appendix. This number shall be in line with the Hotel's maximum number of people permitted to occupy each licensed function room. Full capacity details can be found on the Hotel's website.
4.2 It is the Customer's responsibility to confirm in writing the final number of guests attending the Event, to supply a full rooming list and to supply any special requirements at least 10 working days before the Event start date. If dining at the Hotel the Customer must also supply guests' final menu selections and any special dietary requirements at least 10 working days prior to the Event start date. If the Customer fails to notify the Hotel in writing at least 1 0 working days prior to the Event date with final menu selections and special dietary requirements the Hotel does not guarantee to be able to cater for these.
4.3 The Customer undertakes to the Hotel that the number of Guests will neither exceed the maximum capacity of the stated function room(s) nor shall it decrease below the Minimum Agreed number of Guests.
4.4 Any increase in Guest numbers which is agreed in writing with the Hotel in advance will be charged for at the agreed price per person stated in the Contract between the Hotel and the Customer. No increase in the Guest numbers may be made without the Hotel's prior written approval.
4.5 If a Minimum Guaranteed Number of Guests is agreed between the Hotel and Customer as set out in the Appendix the Hotel shall charge for not less than this Minimum Guaranteed Number. If the number of Guests decreases below the quoted and agreed number of Guests in the Contract but is above the Minimum Guaranteed number, the Hotel will charge the Customer for the actual number of Guests attending the Event at the agreed price per person stated in the Contract between the Hotel and the Customer. All changes must be made by the Customer and accepted by the Hotel in writing at least 10 working days prior to the Event date. The Hotel reserves the right to refuse any changes requested after this date.
4.6 A request to change the date of the Event other than for the reasons set out at clause 12 will be treated as a cancellation of the original Event booking subject to clause 5 of these Conditions and the creation of a new Event booking subject to the terms and conditions prevailing at that time.
4.7 It is the Customer's responsibility to notify any third-party suppliers booked by the Customer of any changes to the Event or dates.
5. CANCELLATION OF EVENT
5.1 Cancellation of the Event by the Customer
5.1.1 If the Customer wishes to cancel the Event booking for any reason whatsoever the Hotel must be informed in writing. The cancellation of the Event booking will come into effect once the Hotel has confirmed back to the Customer in writing that the cancellation has been accepted provided that the Hotel can only refuse to accept a cancellation request for one of the reasons prescribed in this Contract.
5.1.2 Unless clause 12 applies, or the Customer has a right to end the Contract as described in clause 5.1.5, and subject to the rights to cancel Hotel accommodation (to which clause 3 applies), if the Customer wishes to cancel the Event booking the Hotel reserves the right to charge the Customer a cancellation charge determined as follows:
Timing of cancellation | Cancellation charges |
---|---|
More than 180 days in advance | The Customer will be eligible for a refund by the Hotel of the amount of the Deposit less an administration fee equal to 12% of the Event booking costs. This administration fee will be deducted from the Deposit in all circumstances to cover the Hotel's reasonable costs related to the Event bookinq |
180 to 90 days (inclusive) in advance | The Customer will be liable for 40% of the Event booking costs, this cost being an administration fee payable in all circumstances to cover the Hotel's reasonable costs and loss of anticipated revenue ( related to the Event booking. The Customer will be eligible for a refund by the Hotel of the amount of any payments made that exceed 40% of the Event booking costs. |
Less than 90 days | The Customer will be liable for 100% of the Event booking costs. The Customer will not be eligible for any refund by the Hotel and in these circumstances the total of the Event booking costs is reflective of the administration fee to cover the Hotel's reasonable costs and the loss of anticipated revenue related to the Event bookinq and is payable in all circumstances. |
5.1.3 For the avoidance of doubt, the Event booking costs is the total amount listed on the Contract signed by the Customer under "Revenue Summary".
5.1.4 The Hotel undertakes to make reasonable efforts to resell any accommodation, facilities and services booked by the Customer in connection with a cancelled Event booking. The Hotel may in its sole discretion make a proportional reduction in any relevant cancellation charges in the event it is able to resell any accommodation, facilities and services ..
5.1.5 If the Customer cancels the Event and/or terminates this Contract for one of the reasons set out in this clause 5.1.5 then the Hotel will refund the Customer in full for all prepayments made less a reasonable amount to reflect the value of services provided to the Customer from which the Customer has derived a benefit, for example food tasting provided that the Hotel may owe compensation to the Customer where the Hotel breaches this Contract:
5.1.5.1 The Hotel notifies the Customer of a change to the accommodation rooms or functions rooms in respect of the Event and the Customer is not willing to accept such change as described in clause 2.8;
5.1.5.2 the Hotel notifying the Customer of an error in the price of the Event or accommodation or any ancillary services which is more than minor or trivial and the Customer does not wish to proceed;
5.1.5.3 the Customer has a legal right to end the Contract because of something the Hotel has done wrong, for example failing to provide any services with reasonable skill and care.
5.1.6 If the Customer wishes to terminate for one of the reasons set out in clause 5.1 .5, written notice must be given to the Hotel stating the reason for the termination
5.2 Cancellation by the Hotel. The Hotel reserves the right to cancel the Event booking and terminate this Contract or any part thereof immediately by giving the Customer written notice if:
5.2.1 the Customer or its Guests fail to comply with or commits a serious breach any term of the Contract and, where possible, fails to remedy this within 7 days;
5.2.2 where any of the circumstances described or referred to in clause 2.6 arise or occur.
5.2.3 where the Customer fails to make a payment due under this Contract and fails to make such payment within 14 days of the Hotel notifying the Customer of the missed payment or where full payment for the Event is not received within 8 weeks of the date of the Event (unless the Hotel agrees otherwise in writing).
5.2.4 the Customer, if a corporate body is insolvent, or if an individual is declared bankrupt, or there is any pending application or the Hotel has any reasonable grounds to believe that there may be any proceedings in respect of the Customer's actual or potential insolvency, liquidation, bankruptcy, receivership or voluntary arrangement;
5.2.5 the right to terminate under clause 1 2.4 arises; a
5.2.6 the Event will cause the Hotel to breach any applicable law or government guidance or the terms of any of the licences or consents or permissions which it has in place.
5.3 If the Hotel terminates the Contract in the situations set out in clauses 5.2.1-5.2.4 (inclusive), the Hotel will refund to the Customer any money the Customer has paid in advance for services in connection with the Event not already provided, but the Hotel may deduct or charge the Customer a reasonable compensation payment for the net costs the Hotel will incur as a result.
5.4 if the Hotel terminates the Contract in the situations set out in clause 5.2.5 then the provisions of clause 12 shall apply;
5.5 if the Hotel terminates the Contract in the situations described in clause 5.2.6 then the Hotel shall refund to the Customer any payments made by the Customer less a fair and reasonable amount in respect of the services provided by the Hotel up to the point of termination in respect of which the Customer has derived some benefit, for example food tasting.
6. DEPOSITS, PAYMENTS AND VAT
6.1 All rates communicated by the Hotel to the Customer are inclusive of VAT at the prevailing rate unless indicated otherwise. If the VAT amount changes (up or down) after entering into this Contract the amount charged for the Event will not be amended as a result.
6.2 The Customer is to make payment to the Hotel as set out in the Contract and on the dates set out in the Contract. The Hotel takes all reasonable care to ensure that the prices stated in the Contract are correct. However, it is possible that, despite our best efforts, some elements (including the total Event booking costs) may be incorrectly priced. Where the correct price at the Customer's booking date is less than our stated price in the Contract, the Hotel will charge the lower amount. If upon review by the Hotel, the correct price at the Customer's booking date is higher than the prices stated in the Contract, the Hotel will contact the Customer for the Customer's instructions before the Hotel accepts the Customer's booking in accordance with clause 2.3 (if the Hotel identifies the error before the Contract is finalised) and the Customer may terminate the Contract if the Hotel identifies the error after the Contract is finalised. If the Hotel accepts and processes the booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, the Hotel may terminate the Contract, refund the Customer any sums the Customer has paid and not perform the Contract.
6.3 The Customer shall pay the Hotel by way of BACS payment or debit/credit card.
6.4 Any additional charges or incidental extras due to the Hotel from the Customer shall be paid by the Customer within 14 days of presentation of an invoice by the Hotel to the Customer. Such additional charges shall be agreed between the Customer and the Hotel in advance or incurred in accordance with these Conditions.
6.5 In the event that an invoice remains outstanding for more than 14 days after presentation to the Customer, the Hotel reserves the right to charge interest on the invoice amount at a rate of 2% above the base rate of the Allied Irish Bank.
6.6 The Hotel reserves the right to request a valid debit/credit card to guarantee any additional charges or incidental extras that might occur. The Customer's signature and acceptance on these Conditions constitutes acceptance that the relevant credit card may be charged all outstanding amounts on departure if not otherwise settled.
6.7 Cash or cheque are not accepted forms of payment at Oakley Hall Hotel. For all event payments, debit/credit cards or BACs payments are accepted. For any guests on the property, debit/credit card payment is the only form of payment accepted.
7 SUPPLIERS
7.1 In this clause 7, the term 'Suppliers' includes but is not limited to production companies, audio visual companies, television, video or film crew, entertainers, musicians, toastmasters, speakers, florists, teambuilding companies, firework display companies, photographers, designers and external caterers.
7.2 It is the Customer's responsibility to understand and accept the availability and any applicable terms and conditions of Suppliers they might intend to use in relation to their Event before completing the Event booking with the Hotel and any such agreement will be between the Supplier and the Customer.
7.3 All Suppliers must be accepted by the Hotel in writing prior to the Customer entering an agreement or contract with the Supplier. The Hotel reserves the right to refuse entry to any Supplier that the Customer may have arranged where the Hotel has not given its prior written consent.
7.4 The Customer undertakes to pay the Hotel for all claims that the Hotel receives resulting from any act or default of any Supplier, or any damage to the Hotel, its premises or any of its material equipment or other items caused by any Supplier or any equipment supplied or brought onto the Hotel's premises by the Customer or his Supplier unless such damage is caused by the Hotel or its employees or agents. For the avoidance of doubt, this means that the Customer shall be responsible to pay the Hotel for any claims received or damage incurred which is caused by any equipment supplied by the Customer's Supplier or the Supplier itself. Where the Hotel is able to recover any sum for such claim or damage under a valid policy of insurance in place at the date when such damage or event giving rise to such claim occurs, the Customer's liability under this clause 7.4 shall be reduced by an amount equal to such sum recovered and the Hotel will use reasonable endeavours to claim for the relevant damage under any such insurance policy.
7.5 The Customer shall (and shall procure that all Suppliers employed by the Customer) comply at all times with all regulations (whether statutory or otherwise) including the Health and Safety at Work Act 1974, the Hotel's rules and regulations and any reasonable requests of the Hotel and the Manager.
7.6 The Customer shall ensure that these Conditions are brought to the attention of all Suppliers employed in connection with the Event.
7.7 All Suppliers must be in possession of public liability insurance to cover any injury to the Customer or guest caused by the Supplier or their equipment. The Hotel reserves the right to request evidence of such insurance.
7.8 Any equipment brought onto the Hotel's premises by Suppliers is at their own risk and the Hotel will have no liability for such equipment except where the Hotel is negligent, or it would be unlawful for the Hotel to exclude liability in respect of such equipment (see clause 3.3 above for further information).
7.9 All Events and Suppliers shall comply with the Hotel's premises licence (a copy of which is available upon request), including, but not limited to, the time periods for live music, entertainment and the sale and consumption of alcohol.
7.10 The Manager has absolute authority to instruct third parties as to the Event and/or the Hotel's requirements (including requirements at clause 7.9). All Customers and their Guests, employees, agents or respective third parties shall obey any instructions given by the Manager on the Hotel premises. For the avoidance of doubt, this may include instructions to reduce noise levels.
7.11 The Hotel is not responsible for the performance of any Suppliers or external caterers.
7.12 The Customer is responsible for ensuring that all equipment and materials brought on the property of the Hotel by any Supplier of the Customer is removed promptly following the end of the Event and the Customer shall be responsible and liable for any damage caused to the Hotel and its premises by any of their Suppliers or their equipment (including the removal of such equipment from the Hotel premises).
8 LICENCES
8.1 The Hotel shall be responsible for applying for any additional licenses, consents and permits required in connection with the Event, provided the Customer gives sufficient notice of their exact requirements to allow such applications to take place and the Customer meets the reasonable costs associated with such application. The Contract is not conditional upon the obtaining of such licenses, consents and permits and the Customer shall not be entitled to cancel or postpone the Event on the basis of an unsuccessful application.
8.2 The Customer shall (and shall procure that all Guests and any third parties employed by the Customer) comply with the terms of all licenses, consents and permits (including any conditions attached thereto) and any decision or recommendation by the licensing officer or other licensing or entertainment authority.
9 SECURITY
9.1 Unless specific security arrangements are made with the Hotel, the Hotel accepts no responsibility or liability for any loss or damage to property of the Customer, guests or any third parties employed by the Customer beyond that provided for in the Hotel Proprietors' Act 1956 (as may be amended) or unless the Hotel is negligent or where the Hotel cannot exclude liability (see clause 11 .3 for further information) (in which case the Hotel will be liable for damage, loss or theft of the property). The Customer should note that some event rooms are not capable of being locked and that the Customer shall be responsible for informing its Guests of this prior to the Event and for taking all reasonable security measures.
9.2 Security can be arranged by the Hotel with adequate prior notice at an additional charge, the terms of which (if arranged) shall be agreed between the Customer and the Hotel in the Contract.
10 FIRE HEALTH AND SAFETY
10.1 The Customer shall (and shall procure that all third parties employed by the Customer) comply at all times with all fire, electrical, health and safety regulations (whether statutory or otherwise) including (but not limited to) the Fire Precautions Act 1971 as amended.
10.2 The Customer shall ensure that any materials brought into the Hotel including but not limited to furniture, vehicles, equipment of any kind, props, decoration and stage sets are so far as possible made of nonflammable materials, that fire exists are kept clear at all times, and where a fire exit sign will be obscured, the Customer shall ensure that appropriate temporary signs are erected.
10.3 All electrical contractors and all electrical, audio visual or other electronic equipment brought onto the Hotel premises by the Customer, his employees, agents or third parties shall comply with the Institute of Electrical Engineers (IEE) Regulations and relevant Health and Safety Standards from time to time in force and the Customer shall provide the Hotel with written evidence of this if so, requested by the Hotel.
10.4 The Customer shall provide the Hotel with a list of names of all visiting contractors and third parties if so, requested by the Hotel.
10.5 The Hotel reserves the right to evacuate the Hotel in the event of a fire alarm or other emergency irrespective of whether it is a genuine emergency or not, in order to protect all persons on the Hotel's premises and in this event, does not accept any liability for any consequent delay to the Event.
10.6 The Customer shall obtain the prior written approval from the Hotel and any public authority (where necessary) if it (or any third party employed by it) wishes to fix items to the walls, floors and ceilings or to use smoke machines, lasers, cracked oil, dry ice or any form of pyrotechnic.
10.7 The Hotel reserves the right to refuse access by any person, equipment or material failing to comply with any of the provisions of this clause l O or any reasonable request of the Hotel or if it considers that access and/or use of the proposed person, equipment or material may cause damage to the Hotel's premises. Where any damage is caused to the Hotel or its premises by the Customer, any of its Guests or any equipment or material brought on to the Hotel premises by or on behalf of the Customer (other than where such damage is caused by the Hotel or its employees or contractors or any person acting on behalf of the Hotel), the Customer shall procure that any such damage is made good and shall be responsible for any costs of doing so. The Customer will not, however, be responsible for procuring the repair of any pre-existing faults or damage to the Hotel premises or any associated costs. Where the Hotel is able to recover any sum for such claim or damage under a valid policy of insurance in place at the date when such damage or event giving rise to such claim occurs, the Customer's liability under this clause 10.7 shall be reduced by an amount equal to such sum recovered and the Hotel will use reasonable endeavours to claim for the relevant damage under any such insurance policy.
10.8 The Customer shall ensure when participating in a clay shoot experience they will attend and give their full attention during the pre-shoot briefing with the instructor, wear the provided PPE hearing protection & safety glasses and stop shooting immediately if they feel any discomfort from shooting and speak to the instructor. No alcohol to be consumed whatsoever before commencing the clay shoot. The Customer shall also make the Hotel aware if they suffer from any illness or medical condition that may affect them during a clay shoot experience, this must be discussed with the Hotel before commencing the clay shoot. Pregnant women and people suffering from back problems would be discouraged from taking part as the guns can recoil when fired.
11 LIABILITY
11.1 Subject to clause 11.2 and 11.3 below, the Hotel is not liable to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise for any loss or damage that is not foreseeable but the Hotel shall be liable for loss or damage suffered by the Customer as a result of a breach of the Contract by the Hotel and which is a foreseeable loss or damage (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both the Hotel and the Customer knew it might happen, for example, the Customer discussed it with the Hotel during the sales process).
11.2 As the Hotel only provides Events under these Conditions for use by consumers and not businesses, the Hotel shall have no liability to the Customer for any business losses including loss of profit, loss of business, business interruption or loss of business opportunity.
11.3 The Hotel does not exclude or limit its liability where it would be unlawful to do so. This includes liability for:-
11.3.1 death or personal injury caused by the Hotel's negligence;
11.3.2 fraud or fraudulent misrepresentation; and
11.3.3 breach of the Customer's legal rights in relation to this Contract (including in respect of the Hotel's obligation to provide services with reasonable skill and care).
12 COMPLIANCE WITH LAW AND GUIDANCE AND FORCE MAJEURE
12.1 The Event will be provided by the Hotel in accordance with the laws and the government guidance (including the guidance of the Competition and Markets Authority) which apply to weddings at the time of the Event or at the time the Hotel provides any services to the Customer.
12.2 Where the law or government guidance changes between the date this Contract becomes binding (see clause 2.2) and the date of the Event the Hotel may need to make changes to the details of the Event (including without limitation the date of the Event) in order to comply with any such changes of law or government guidance. The Hotel will notify the Customer of any such changes as soon as reasonably practicable. If any such changes are more than minor or trivial, the Customer may have the right to cancel the Event and receive a refund as described below in this clause 12.
12.3 Neither the Hotel nor the Customer shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any change of law or any action taken by a government or public authority or change to government guidance, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade disputes, strikes, industrial action or ockouts; and interruption or failure of utility service.
12.4 If the Hotel is prevented or hindered from hosting the Event by an event described in clause 12.3 or the Hotel is required to make changes to the Event which are more than minor or trivial as a result of such events, the Hotel will notify the Customer as soon as possible in writing and will endeavour to offer the Customer alternative dates or changes to the Event for no extra cost. In the event that no alternative dates are available, or the Customer does not accept the alternative dates offered or the proposed changes to the Event, then the Contract will be terminated with immediate effect and the Hotel will refund to the Customer any payments already made to the Hotel less a fair and reasonable amount in respect of any services the Customer had received up to the point of termination from which the Customer has derived a benefit. This may include {without limitation) food sampling, sales and marketing. The Hotel will provide a full breakdown of any such deductions prior to making the refund.
12.5 Where the Hotel is required to make changes to the Event which are minor or trivial due to an event described in clause 12.3 then the Customer will not have the right to cancel the Contract under clause 12.4 and any attempt to cancel the Contract or the Event will be subject to the cancellation charges set out in clause 6.
12.6 Where the Hotel is required to make a refund under this clause 12 the Hotel will make such refund on the date mutually agreed in writing by the parties but in any event by no later than 28 days after the date on which the parties agreed the value of any refund.
13 GENERAL
13.1 Should any guests of or third parties employed by the Customer behave in a manner that is considered unacceptable to the Hotel, the Hotel reserves the right to remove such party from the premises. Examples of such unacceptable behaviour include:
13.1.1 the Customer {or any Guests and third parties employed by the Customer) using the Hotel's premises for any purpose other than the relevant Event or for any illegal activity; or
13.1.2 the Customer {or any Guests and third parties employed by the Customer) do not comply with the Hotel's rules on site and cause any nuisance to other guests or neighbours of the Hotel.
13.2 If the events specified at clause 13.1 occur, no monies will be refunded to the Customer. The Customer must (and must ensure all Guests and third parties employed) comply with the Hotel's rules on site and not cause any nuisance to other guests or neighbours.
13.3 The Customer shall pay for any compensation which the Hotel in its absolute discretion deems due to any other guests or third party arising as a result of unacceptable behaviour of the Customer or its Guests.
13.4 The Customer shall not (and shall ensure that all Guests and third parties employed do not) use the name, logo or any details of the Hotel for any matter, or permit external food or beverage including drinks as wedding favours, prizes and gifts to be brought into the Hotel without the prior written approval of the Hotel. Corkage is not permitted by the Hotel.
13.5 The Hotel prohibits the use of individual company or function signage, equipment, entertainment or decorations within the public areas of the Hotel unless otherwise agreed by the Hotel in writing prior to the Event taking place. Signage, equipment, entertainment or decorations is only permitted within the function room(s) or facilities being used by the Customer during the Event times.
13.6 The Hotel's dress code is smart attire. The Customer shall (and shall ensure that all Guests and third parties) ensure that the dress code is complied with at all times whilst on the Hotel's premises.
13.7 The Customer shall not {and shall ensure that all Guests and third parties do not) permit any goods, services or any other matter capable of being sold {including, but not limited to, tickets) to be sold within the Hotel's premises without the prior written approval of the Hotel and any public authority {where necessary).
13.8 lf any provision of this Contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Contract, which shall remain in full force and effect.
13.9 If any provision of this Contract is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
13.10 A person who is not party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. The clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
13.11 No variation or alteration of any of the Contract shall be effective unless it is in writing and signed by or on behalf of each party.
13.12 An exchange of letters/emails shall not be taken to be signed writing. Confirmation of the Event shall be made as set out in clause 2.2.
13.13 The Hotel strongly recommends that the Customer takes out suitable travel and/or other insurance including wedding insurance.
13.14 The Customer has to be at least 18 years of age to make an Event booking and enter a Contract with the Hotel.
13.15 Vouchers issued by the Hotel are valid for 18 months from time of issue and are subject to availability.
13.16 Guide dogs are accepted at the Hotel with prior arrangement in writing by the Customer with the Hotel. Guide dogs are permitted in some bedrooms, it is the Customer's responsibility to contact the Hotel in writing prior to arrival for details and charges. No other pets are permitted at the Hotel.
13.17 Any comment or complaint should be made at the Hotel at the time of the Event to the Manager so that the matter can be resolved immediately. Alternatively, a complaint can be made in writing within 28 days to the Hotel's management via enquiries@oakleyhall-park.com.
13.18 The Hotel takes the Customer's privacy rights very seriously. Full details of the Hotel's privacy policy can be found on the Hotel's website or provided to the Customer on request.
13.19 All notices between the parties shall be in writing and delivered or sent by:
13.19.1 hand or pre-paid first-class post to the Hotel at Rectory Road, Oakley, Basingstoke, Hampshire, RG23 7EL or to the Customer at the address notified to the Hotel by the Customer from time to time (deemed receipt of which will be 2 Working days following posting); or
13.19.2 email to the Hotel at enquiries@oakleyhall-park.com, or to the Customer at the email address notified to the Hotel by the Customer from time to time ( deemed receipt of which will be the time of transmission of the email).
13.20 The Hotel reserves the right to use any photographs taken at events in the Hotel's marketing materials and the Customer hereby grants the Hotel the right to use any photographs taken at the Event as the Hotel decides in any marketing or other materials.
13.21 The Contract shall be governed by English law and the Customer can bring legal proceedings in respect of the services in the English courts. If the Customer lives in Scotland the Customer can bring legal proceedings in respect of the services in either the Scottish or the English courts. If the Customer lives in Northern Ireland, the Customer can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.