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 Act 1985 (as amended) with company number 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 special terms agreed in Writing between the parties;
"Event" means the conference, 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 agreed in Writing between the parties;
"Working Day" means any day which is not a Saturday, Sunday or any public or local holiday in Aberdeen;
"Writing" includes 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 receipt by the Client of the Booking Form.
2.3 The Booking Form 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.

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 five Working Days before the Event.
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 diminution in number of guests from that intimated as provided for in Condition 3.1 above, 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 Condition 3.1 above.

4 Price

4.1 The Price for the provision of the Event shall be the Company's quoted price and, unless otherwise so stated, shall be inclusive of any applicable value added tax.
4.2 The Company reserves the right by giving 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 1st April 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 resile from 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.

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 on or at any time after
the Event. The Client shall pay the Price within fourteen Working Days of the date of the invoice. The time of payment of the Price 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 4 percent per annum above Bank of Scotland base rate 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 and 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.

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. They shall also leave promptly at the appropriate
time and comply with 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 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; or
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 Should the Company cancel the Contract under Condition 7.1 above, the Company will 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 a confirmed reservation less than 32 weeks prior to the Event, the Company reserves the right to impose
the following cancellation charges:-
7.2.1 cancellation less than 14 days in advance - 100% of the Price; (Subject to a minimum charge of £1750.00)
7.2.2 cancellation between 12 weeks and 14 days in advance - 75% of the Price; (Subject to a minimum charge of £1250.00)
7.2.3 cancellation between 32 and 12 weeks in advance - 50% of the Price. (Subject to a minimum charge of £1000.00)
Intimations of cancellation must be made in Writing to the Company and will be effective on the date such intimation is received by the Company. The Company will endeavour to mitigate its losses by advertising
availability of the date(s) or taking any other steps, which, in its sole discretion will mitigate any loss to the Client. The Client shall be liable for all reasonable expenses incurred by the Company.

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 8.00am and 6.00pm unless previously agreed
by the Company and acknowledged in Writing by the Client. Any function room at the Hotel booked in series may be let for evening sessions by prior agreement in Writing. Otherwise all function rooms at the
Hotel will require to be vacated by 6.00pm each evening in order that the Company may fulfil other contractual commitments.

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 will take all reasonable steps to fulfil its obligations in respect of the Event to the best of its ability and in accordance with the
Contract but it reserves the right to provide alternative facilities of an equivalent standard.
9.3 The Company will not be liable for any failure to perform its obligation to the Client in whole or in part as a result of any of the circumstances
beyond its control (including, without limitation, any strikes or industrial action, fire, flood, civil commotion, act of God or failure of services or
utilities).
9.4 In connection with any Event at which any form of entertainment is to be provided this will be entirely the responsibility of the Client.
9.7 No waiver by the Company of 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.
9.8 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.
9.9 The Contract shall be governed by the law of Scotland and the parties thereto submit to the non-exclusive jurisdiction of the Scottish courts.