Maryculter House Hotel
Terms and Conditions of Contract
IN RESPECT OF CONFERENCES, BANQUETS, FUNCTIONS, WEDDINGS AND LETTING
The Company (as hereinafter defined) reserves the right to vary the foregoing Terms and Conditions
1 Interpretation
1.1 In these Terms and Conditions:-
"Booking Form" means the Booking Form issued by the Company;
"Client(s)" means the party or parties specified in the
Booking Form.
"Company" means Maryculter House Hotel Limited, a company
incorporated under the Companies Acts with Company No. SC113882
and having its registered office at South Deeside Road,
Maryculter, Aberdeen;
"Contract" means the contract as detailed in the Booking
Form, the Terms and Conditions and any other terms agreed
in writing between the parties;
"Event" means the conference, wedding, banquet or function
facilities specified in the Booking Form;
"Hotel" means Maryculter House Hotel, South Deeside Road,
Aberdeen;
"Price" means the price for the Event calculated in accordance
with Condition 4.1;
"Terms and Conditions" means the Terms and Conditions of
contract set out in this document;
"Working Day" means any day which is not a Saturday, Sunday
or any public or local holiday in Aberdeen;
"Writing" includes letter, facsimile transmission and comparable
means of communication but not electronic mail.
2 The Contract
2.1 The Booking Form constitutes an offer by the Company
to provide the Event to the Client subject to these Terms
and Conditions.
2.2 The Booking Form will lapse unless unconditionally accepted
by the Client signing and returning the Booking Form to
the Company, together with a non-refundable deposit as specified
in the Booking Form within five Working Days of the date
the Booking Form is posted or delivered to the Client.
2.3 The Booking Form (if unconditionally accepted by the
Client) shall be deemed to be accepted upon receipt by the
Company.
2.4 The Client shall be responsible to the Company for ensuring
the accuracy of the terms of the Booking Form and for giving
the Company any necessary information relating to the Event
within a sufficient time to enable the Company to perform
the Contract.
2.5 No variation to the Booking Form or the Terms and Conditions
shall be binding upon the parties unless agreed in Writing
between the Company and the Client.
2.6 The Contract constitutes the entire agreement between
the parties and supersedes all prior representations, negotiations
and discussions between the Company and the Client.
2.7 Where the Client comprises more than one person, said
persons shall be jointly and severally liable for the Client's
obligations under the Contract.
3 Variation of the Booking Form
3.1 It is the obligation of the Client to provide details
of final numbers of guests attending the Event when requested
to do so by the Company and, in any case, not less than
three months before the Event (time being of the essence).
Should the Client desire to increase the previously agreed
number of guests it will be solely at the discretion of
the Company as to whether any such increase will be permitted.
3.2 Should there be any reduction in the number of guests
from that intimated as provided for in Condition 3.1, the
Company reserves the right to issue an invoice to the Client
in accordance with Condition 5.1 hereof in respect of the
total number of guests as intimated under Clause 3.1 above.
No charges shall be made for any reductions in numbers of
less than 10% from those intimated under Condition 3.1,
provided that they are received in Writing by the Company
at least ten Working Days prior to the Event.
4 Price
4.1 The Price for the provision of the Event shall be
the Company's quoted price based on intimation of the final
numbers of guests attending the Event under Condition 3.1
and, unless otherwise so stated, shall be inclusive of any
applicable Value Added Tax. If no intimation under Clause
3.1 is given, the Price for the provision of the Event shall
be a minimum price of £33.95 for a wedding on a Saturday,
£32.95 for a wedding on a Sunday and £32.95 for a wedding
on any other day. In said circumstances, the Company shall
be entitled to charge the Client the greater of (a) the
relevant minimum Price and (b) a price based on the actual
number of guests, the room hire and the food and beverage
ordered.
4.2 The Company reserves the right by giving a minimum of
two weeks' notice in Writing to the Client at any time before
the Event to increase the Price to reflect any increase
in the cost to the Company which is due to any factor beyond
the control of the Company (such as, without limitation,
any foreign exchange fluctuation, alteration of duties,
significant increase in the costs of labour, materials or
other costs).
4.3 Prices quoted are subject to annual review to be effective
from 1 April each year and the Company reserves the right
to alter the Price in line with the annual review without
notice. This is also applicable to confirmed bookings. Price
increases, which will be in line with economic circumstances
will not result in the Client being entitled to cancel the
Contract.
4.4 The Company reserves the right to add any new or additional
tax or levy imposed by any lawful authority, which was not
known to the Company at the time the Contract was entered
into. The Company shall be entitled to payment from the
Client for any additional goods and services ordered at
the Event.
4.5 A non-refundable deposit of £500 shall be paid by the
Client to the Company to secure the Booking on or before
the date the Booking Form is received by the Company.
5 Payment
5.1 Subject to any special terms contained in the Booking
Form or otherwise agreed in Writing between the Company
and the Client, the Company may invoice the Client for the
Event at any time after the date two months prior to the
Event. The Client shall pay 85% of the Price within fourteen
Working Days of the date of the invoice and in any event
no later than 28 days prior to the Event, whether invoiced
or not. The remaining 15% of the Price shall be paid by
the Client within three weeks of the Event. Any further
invoice rendered by the Company to the Client after the
Event for sums due to it in addition to the Price shall
be paid by the Client within 14 Working Days of the date
of the invoice. The time of payment of the Price, or any
part thereof, or any other monies due by the Company by
the Client shall be of the essence of the Contract.
5.2 Failure to pay timeously will result in interest running
on the Price at the rate of four per centum per annum above
the base rate of the Bank of England from time to time,
from the due date until payment.
5.3 Any queries on any invoice must be raised within five
Working Days of the date of the invoice and should any such
queries remain unresolved following three Working Days thereafter
then without prejudice to the claims of the Company in respect
of the invoice it will be the obligation of the Client to
make immediate payment of the undisputed amount.
5.4 The Company reserves the right to withdraw credit facilities
which may be in existence without explanation or notice.
6 Clients/Guests' use of The Hotel
6.1 The Company has statutory obligations including,
without prejudice to that generality, the obligations incumbent
upon the Company relating to liquor licensing, fire regulations
and health and safety. It is therefore the obligation of
the Client and guests of the Client to comply with these
requirements as may be directed and enforced by staff at
the Hotel.
6.2 The attention of the Client is drawn to the notices
displayed in the Hotel with regard to the exclusion of liability
by the Company.
6.3 Consumables must be supplied only by the Company or
its authorised agents and without prejudice to the foregoing
generality also excludes the consumption of prizes, whether
food or beverages, won at the Event.
6.4 The Client and guests of the Client shall not act in
an improper or disorderly manner in the Hotel or its curtilage.
They shall also leave promptly at the appropriate time and
comply with all reasonable demands of the Company's personnel
at the Hotel.
7 Cancellation
7.1 The Contract may be cancelled by the Company should
any of the following circumstances occur:-
7.1.1 the Hotel, or any part of it being closed or going
to be closed due to circumstances outwith the control of
the Company;
7.1.2 the bankruptcy or insolvency of the Client;
7.1.3 where instalment payments are being made to account
for a future Event and the Client is in arrears for more
than seven Working Days in respect of such payments;
7.1.4 any other circumstances which in the sole opinion
of the Company would be likely to result in either the reputation
of the Company or the Hotel being prejudiced or damage being
caused to the property of the Company at the Hotel;
7.1.5 the Client fails to provide details of final numbers
of guests under Condition 3.1; or
7.1.6 the Client fails to make timeous payment of any sums
due to the Company. Should the Company cancel the Contract
under Condition 7.1.1, the Company shall refund any advance
payments made, less any outlays already incurred, in full
and final settlement of the Contract.
7.2 Should the Client for any reason cancel or postpone
a confirmed reservation less than 65 weeks prior to the
Event, the Company reserves the right to impose cancellation
charges. The Company reserves the right to charge (a) 90%
on contracted accommodation and room hire revenue and (b)
70% on contracted food and beverage revenue, being the Company's
loss of profit. These charges shall be subject to further
adjustments depending upon the length of notice provided
to the Company by the Client as follows:-
7.2.1 cancellation less than 14 days in advance – 100% of
the Price (subject to a minimum charge of £4,000);
7.2.2 cancellation between 12 weeks and 14 days in advance
– 75% of the Price (subject to a minimum charge of £3,000);
7.2.3 cancellation between 32 and 12 weeks in advance –
50% of the Price (subject to a minimum charge of £2,000);
and
7.2.4 cancellation between 65 and 32 weeks in advance –
35% of the Price (subject to a minimum charge of £1,000).
7.2.5 for the above conditions 7.2.1, 7.2.2, 7.2.3 and 7.2.4,
the cancellation charges do not include the £500 booking
deposit.
7.3 Intimation of cancellations must be made in Writing
by the Client (and where there is more than one party comprising
the Client any one of them) to the Company and will be effective
on the date such intimation is received by the Company.
The Company shall endeavour to mitigate its losses by taking
steps, which, in its sole discretion will mitigate any loss.
The Client shall be liable for all reasonable expenses incurred
by the Company in mitigating its loss.
8 Access to the Function Room
Reservations confirmed on a day rate are accepted on the basis that access to the function room at the Hotel allocated for the Event is limited to the period between 8am and 12 midnight unless previously agreed by the Company and acknowledged in Writing by the Client.
9 General
9.1 The Client shall be liable for any losses or damage
caused either to the property of the Company, its patrons
or any item within the curtilage of the Hotel whether in
the ownership of the Company or not.
9.2 The Company shall take all reasonable steps to fulfil
its obligations in respect of the Event and in accordance
with the Contract but it reserves the right to provide alternative
facilities of an equivalent standard.
9.3 The Company shall not be liable for any failure to perform
its obligations to the Client in whole or in part as a result
of any circumstances beyond its control (including, without
limitation, any strikes or industrial action, fire, flood,
civil commotions, act of God or failure of services or utilities).
9.4 Entertainment provided at the Event shall be entirely
the responsibility of the Client. Any electrical equipment
required to be used for the Event shall require the prior
approval of the Company. The Client shall ensure that such
equipment is available for inspection in advance of the
Event.
9.5 No waiver by the Company or any breach of the Contract
by the Client shall be deemed to be a waiver of any subsequent
breach of the same or any other provision.
9.6 If any provision of the Contract is held by a court
or other competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions
of the Contract and the remainder of the provision in question
shall not be affected.
9.7 The Contract shall be governed by the laws of Scotland
and the parties hereto submit to the non-exclusive jurisdiction
of the Scottish courts. In particular and without prejudice
to the foregoing generality, the parties hereto submit to
the non-exclusive jurisdiction of Aberdeen Sheriff Court.
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