TERMS AND CONDITIONS OF BUSINESS 1. DEFINITIONS "The Hotel" means "Brook Hotels or any associated companies represented in the agreement ". The "Client" means the individual, firm, company or other organisation with whom the Hotel agrees to provide a function at the Hotel. 2. PAYMENTS (i) Payment is due in advance, or the booking guaranteed by a valid credit card, unless an approved credit account has been established prior to your arrival. (ii)The client is liable for all charges incurred by the customer or its guests for services supplied. (iii)At the discretion of the hotel, a deposit schedule may be offered to the client. In the event of non-conformance to the pre agreed deposit schedule, the hotel will be entitled to cancel the function without notice to the customer, at which time the client forfeits any (iv)For approved credit accounts payment terms are thirty (30) days from the date of invoice. (v)In event of all or part of a function being cancelled, the hotel will be entitled to make a cancellation charge the value of which is solely at there discretion without liability the hotel will endeavour to re-sell the facilities in order to reduce the cancellation charge. 3. DEPOSITS (a) Deposits of the following percentages of the anticipated total cost to the Client of the function as stated in this contract shall be paid by the Client to the Hotel, unless otherwise agreed, at the following times: (i) 20% on signature of this contract. (ii) 50% to be paid at least 90 days before the event. (iii) The remaining 30% at least 30 days before the event. (b) The deposit figures are based on anticipated total revenue. (c) Should the Client wish to apply for credit, an application form is available on request. The Hotel reserves the right to research the client’s credit status and reserves the right to decline credit facilities without reason. (d) Credit facilities may be withdrawn at anytime without cause or reason. (e) Cheques are to be made payable to The Ship Hotel 4. NUMBERS IN ATTENDANCE (a) The client shall give details of final numbers attending the function when requested by the hotel and, in any case, not less than three days beforehand. The acceptance of any increase over the previously advised numbers will be at the hotel’s discretion. The hotel will levy additional charges at the agreed rate per guest, or per room for such increased numbers. (b) In the event that the number attending the Event is less than advised at the time of booking, the hotel reserves the right, in addition to our rights in respect of cancellation under paragraph Cancellation (see below), to move the Event from the meeting room agreed at the time of booking, to a meeting room which is suitable for the numbers attending. (c)Where the booking includes bedroom accommodation, full details of the number of persons staying together with their type of accommodation and the length of stay must be stated, in writing (Rooming List), no less than 14 days prior to the date of arrival or sooner if required. 5. ALLOCATION OF FUNCTION ROOMS The Hotel reserves the right to reallocate a function to a room other than that originally designated. 6. EXHIBITION AND DISPLAYS The Client will not erect any exhibitions, stands or displays within or outside the Hotel premises nor make any alterations thereto without the Hotel's prior written consent. In certain instances it will be necessary for the Hotel to gain written approval from the appropriate authority one month prior to the function. In such instances the Hotel shall require detailed plans of exhibitions, stands or displays to be erected at least one month prior to the function. The hirer's contractors may not enter any area of the premises other than that provided for the use of the hirer by the Company. It is the responsibility of the hirer to ensure that all contractors receive a copy of these conditions and agree to abide by them. In the event of a failure by the contractors in this respect, the hirer will be responsible. 7. MATERIALS AND DECORATIONS If the client is supplying their own disco equipment, the use of smoke machines and strobe lighting is prohibited. Showcases, stands, and other similar constructions must comply with the Fire Prevention Standards. Consequently, the Hotel must be supplied with complete details of all materials for approval, authorisation, or special licence. Should they be refused, the Client shall not deliver the affected items to the hotel. All materials and decorations must comply with the applicable Fire Prevention Standards:- (i).Decorations: In accordance with the standards: in cloth, stretched on a wood frame, and treated with a fire retardant. (ii). Cloth: Drapes, curtains and fabric decorations must be treated as in. (iii). Fabrics: Woven Fabrics, canvas and muslin are particularly inflammable and must be frequently treated with a fire retardant. (iv). Paper and flexible Panels: May only be used as part of the decoration in exceptional circumstances. 8. FIRE EXITS ETC The Client shall ensure that all persons attending the function shall use such entrances and exits as may be designated by the Hotel. The Client will obtain from the Hotel and the Hotel will supply floor plans of the area or areas to be used for the function and the Client will acquaint the guests, staff and any subcontractors with the same at the commencement of the function and in particular with those entrances and exits to be used in case of fire or other emergency and the fire alarm points which are shown on the floor plans. Hotel exits and gangways must be kept free from obstructions and fire exits must be clearly visible at all times. 9. SPECIAL EFFECTS The use of Laser Beams, pyrotechnic effects, smoke, etc, shall be examined on a case-to-case basis and no later than 28 days before the date of the event. 10. PUNCTUALITY (a) Meeting rooms will be made available for the time shown on your contract and you will be expected to vacate by the end of that period. If requested the hotel will do its best to accommodate the client with any extension but this may not always be possible. Where the hotel is able to accommodate the client with an extension then additional reasonable charges may be made. (b) If a meal is being provided by the Hotel as part of the function the Client shall ensure that those attending the function are ready to be served at the time agreed. (c) The Client agrees to ensure that the meeting rooms reserved for the function shall be cleared of all materials and equipment brought there (other than by the Hotel) for the function within the time mutually agreed between the Client and the Hotel. In default, a further charge shall be paid by the Client to the Hotel for the excess period. 11. FOOD AND BEVERAGES The Client will ensure that no food or beverages of any kind are brought onto the Hotel premises by the Client or any of the Client's guests, invitees or any other persons attending the function unless previously agreed in writing between the Hotel and the Client. 12. DAMAGE TO HOTEL PROPERTY (a) The Client shall take all reasonable precautions not to damage any Hotel property. (b) The Client shall ensure that nothing shall be affixed to the floors, walls, ceilings or columns of the Hotel accommodation reserved by the Client for the function by nails, screws, drawing pins or other means or suspended from the roofs or ceilings thereof unless previously agreed in writing by the Hotel. 13. DAMAGES (a) The Client shall be informed as soon as possible after the conclusion of the event of any loss or damages to Hotel property. (b) The Client shall be debited for the total cost of repairing or replacing Hotel property that may have been damaged, broken, lost, or stolen, even should the responsibility for this be attributed to someone the Client may have subcontracted. 14. NOISE The level of the noise produced by sound equipment shall be kept within reasonable level at all times. Contracting of persons and/or equipment for the playing of recorded music at dinner dances must be previously approved by the Hotel. 15. RIGHT TO EXCLUDE OR EJECT PERSONS The Hotel reserves the right to exclude or eject, as it thinks fit and reasonable, any persons from the function or the Hotel premises who it shall consider objectionable including any engaged by the Client to provide entertainment or perform any other duties at the function. 16. SUPPLY OF ADDITIONAL GOODS OR SERVICES The Client agrees to pay the Hotel charges for any goods and services that have been provided by the Hotel at the request of the Client or any person purporting to act on behalf of the Client and having ostensible authority to do so. 17. FRUSTRATION OF THE CONTRACT If the Hotel is prevented or hindered from carrying out its obligations hereunder by circumstances beyond its reasonable control including government intervention, strikes, labour disputes, accidents, Acts of God, national or local disasters or war, then the Hotel's liability to the Client shall be no greater than the amount paid by the Client to the Hotel in respect of the function. If for reasons beyond the Hotel's reasonable control the accommodations so reserved cannot be made available to the Client the Hotel reserves the right to substitute similar or comparable accommodation for the function and such a substitution shall be accepted by the Client as satisfactory performance by the Hotel of its obligation hereunder to provide the accommodation so reserved. 18. WASTE No waste material such as packaging shall be left in the corridors or elsewhere on the Hotel premises and the Client must ensure that any such waste material is immediately removed from the Hotel premises. 19. EVENT CANCELLATION/REDUCTION IN NUMBERS/MINIMUM NUMBERS (a) The Hotel reserves the right to cancel the booking or reservation for the function in the event of the Client failing to perform any of its obligations herein. (b) Should the client have to cancel, or reduce the numbers for its booking, a charge will be made calculated as a percentage of the total booking value, according to the scale highlighted below: Cancellation / Notification Period Percentage Before 4 month prior to the event No charge 4 month – 28 days prior to the event 30% 27 – 14 days prior to the event 50% 13 – 8 days prior to the event 80% 7 days or less prior to the event 100% (c) All cancellations/reductions in numbers should be confirmed in writing by the client. (d) Any costs incurred for a particular event, that otherwise would not have been incurred, will be charged in the event of a cancellation unless the hotel is able to mitigate the cost. (eg. audio visual equipment, staff booked for the function, food, printing, any floral decoration and any photographer(s), musicians(s) and other entertainer(s) and toastmaster(s) etc. engaged.) 20. BEDROOM CANCELLATION/REDUCTION IN BEDROOMS Should the client have to cancel, or reduce the numbers, for its booking, a charge will be made, calculated as a percentage of the total booking value, according to the scale highlighted below: Cancellation / Notification Period Percentage Before 4 month prior to the event No charge 4 month – 28 days prior to the event 30% 27 – 14 days prior to the event 50% 13 – 8 days prior to the event 80% 7 days or less prior to the event 100% 21. ARRIVAL AND DEPARTURE TIMES The bedroom accommodation is available from 2pm on the day of arrival, and must be vacated by 11am on the day of departure, unless specific alternative arrangements have been agreed. 22. LOGO The hotel’s name/logo may be used in publicity, once a proof of the promotional material has been agreed with the hotel. 23. VAT Prices quoted include VAT unless otherwise specified. This shall be at the rate prevailing when the contract was prepared and is subject to alteration should the rate change. 24. CIVIL LIABILITY Subject to its liability under the Hotel Proprietors Act 1956 the Hotel will not be liable or responsible for any jewellery, luggage, clothing or other property of the Client brought onto the Hotel premises by the Client. 25. VARIATIONS No oral representations or arrangements are recognised by the Hotel and the Conditions of this contract can be modified only by a supplementary written contract. Signature Client Signature Hotel Name: Name: Title: Title: Date: Date: 02/02/2007