Corus Hotels plc - TERMS OF BUSINESS for bookings and reservations Meetings, Conferences, Corporate Events, Exhibitions, Banqueting, Weddings and Special Occasions (“FUNCTIONS”) including arrangements for accommodation (“room reservations”) In this TERMS OF BUSINESS which apply to all Function bookings and room reservations:- ‘Associate Hotel(s)’ means a hotel independently owned by a third party but marketed by Corus Hotels plc; ‘Banqueting and Special Occasion Booking(s)’ means bookings including room reservations relating to anniversaries, birthdays, dinners, dinner/dances and activities and events related to special occasions; ‘Booking(s)’ means Corporate Bookings , Wedding Bookings, Banqueting and Special Occasion Bookings as the case may be; ‘Client’ means the person, firm or company making the booking or staying at the Hotel as a result of this agreement; ‘Corporate Booking(s)’ means bookings or room reservations made for meetings, conferences, corporate events and exhibitions and activities and events related thereto; ‘Corus hotel(s)’ means a hotel operated by Corus Hotels plc or one of its’ subsidiaries; ‘Hotel’ means a Corus hotel or Associate hotel at which a booking has been made ; ‘Wedding Booking(s)’ means bookings or room reservations relating to weddings and activities and events related to that wedding. 1.0 Booking Confirmation 1.1 Any Booking is provisional until the Hotel receives a signed copy of this Terms of Business from the Client, such Booking will be automatically released within 7 days from the date of Booking. 1.2 A signed copy of this Terms of Business duly faxed to the Hotel shall be accepted as a confirmed Booking upon receipt of the fax by the Hotel. Thereafter clause 5.2 shall apply. 1.3 Email confirmations are not deemed confirmed Bookings unless supported by full credit card details 2.0 Prices 2.1 All price rates include VAT at the current rate. 2.2 Prices quoted are subject to variation up to 4 weeks prior to arrival, after which, except for variations due to Client requirements, the prices may vary due to changes in VAT, price fluctuations in food and beverage costs or other reasons outside the Hotel’s control, in which case, the Client will be immediately notified of such price variations. The Client may elect to cancel the Bookings within 7 days from the date of notification, without penalty, whereupon monies paid to the date of election shall be refunded to the Client. Failure to notify the Hotel within the stipulated time may subject the Client to the provisions of clause 7. 2.3 Notwithstanding clause 2.2 above, the Client acknowledges and accepts by the signing of this Terms of Business that there may be price fluctuations in food, wine and beverage costs and/or shortage of supply of particular foods. The Hotel shall advise the Client of such variations, if any, at any time prior to the event and:- (a) the Client together with the Hotel may agree on alternative menus whilst maintaining the Price where possible; (b) the Client may elect to maintain the originally agreed menu in which case the Client shall be required to pay the difference in the price increase for such food, wine or beverage item; OR (c) the Client may elect to cancel the Bookings within 7 days from the date of notification without penalty . 2.4 All prices are as quoted and no other discount, promotion or reward scheme may be applied in respect of the Booking. 3.0 Availability 3.1 All rooms, facilities and rates offered by the Hotel are subject to availability at the time of Booking and shall be at the discretion of the Hotel Manager. 4.0 Numbers 4.1 The Client shall be required to provide the guest/ participant numbers attending at the time of Booking. The Hotel will also disclose the minimum number required of the Client for the facilities and venue reserved for the Client (the “Minimum Number”). The Hotel’s minimum charge for the facilities booked will be based on the Minimum Number. The parties agree that the Minimum Number shall be mutually agreed based on the Client’s guest/participant list and the Hotel’s cost of providing the service, reserving use of the facilities and venue(s) at the time of booking. 4.2 At least 35 days prior to arrival, the Client will provide the Hotel with up to date guest / participant numbers and, if appropriate, a rooming list. 4.3 At least 14 days prior to arrival, the Client will provide the Hotel with final guest/ participant numbers. The final charge to the Client will be calculated based on the Minimum Number as provided in Clause 4.1 above or the actual number attending, whichever is the higher ON CONDITION that such higher number shall not exceed 15% above the Minimum Number. 4.4 If any reduction is made by the Client to the final numbers less than 14 days prior to arrival, the Hotel may charge the Client 50% of the per head charge for each guest/participant not attending. If less than 7 days prior notice is given, each non-attending guest/participant will be charged to the Client at the full price per head. 4.5 In the event of a reduction in the numbers booked, the Hotel reserves the right at any time up to 14 days prior to arrival to relocate the Booking to suitable alternative facilities or accommodation within the Hotel, without being liable to the Client for such changes. 5.0 Deposits 5.1 Deposits are payable for Bookings as follows unless otherwise varied or waived by the Hotel in writing:- On Booking - a non-refundable deposit, as determined by the Hotel of not less than 10% based on provisional numbers as defined in clause 4.1 26 weeks prior to event - a further 40% 35 days prior to event - the balance outstanding and payable 5.2 Failure to pay a deposit within 7 days of being requested to do so entitles the Hotel to treat the Booking as cancelled. 5.3 The Hotel reserves the right to set off the deposit held (other than the non-refundable deposit) against cancellation charges. 6.0 Payment 6.1 Without prejudice to clause 5 above, all other payments or outstanding invoices must be made/settled prior to departure from the Hotel. 6.2 Payment may be made by cash, cheque or such credit or debit cards as are recognised by the Hotel. Vouchers issued by the Hotel cannot be used by the Client towards payment of any charges arising from the Booking. 6.3 At least 3 working days are required to process credit and debit card payments and 5 working days to process cheque payments. The Hotel reserves the right to refuse to accept credit /debit /cheque payments in the event the Client elects to pay on the day of departure. 6.4 Credit facilities with Corus Hotels plc are available for corporate accounts, but not to private individuals. Details are available on request. 6.5 All sums payable are due for payment on presentation of invoice. In the event of any query relating to the invoice, the Client must notify the Hotel immediately upon presentation of the invoice or in any case, in writing by recorded delivery , such notice to be received by the Hotel no later than 2 working days from the date of the invoice, failing which the invoice shall be deemed to be correct. 6.6 The Hotel may charge interest at the rate of 2% above the Bank of Scotland base lending rate, from time to time, on any outstanding balance, such interest to accrue after as well as before judgement. 7.0 Cancellation or postponement 7.1 Cancellations by the Client must be in writing sent by recorded delivery and will result in the charges below becoming due. In each case the percentage charge is based on the advance notice of cancellation given and applies to the estimated total cost of the Booking. Faxed and email cancellations are not acceptable :- In the case of Wedding Bookings, Banqueting and Special Occasion Bookings: in excess of 26 weeks prior to the event - the non-refundable deposit is retained by the Hotel between 26 weeks and 35 days prior to the event - 50% within 35 days prior to the event - 100% In the case of Corporate Bookings: 35 days prior to the event - 25% between 35 days and 7 days prior to the event - 50% within 7 days prior to the event - 100% 7.2 The Hotel will try to re-let the allocated rooms and a reduction of the cancellation charge (excluding the non-refundable deposit) may be made if the Hotel is successful. 7.3 The Client will also be subject to the above rate of cancellation charges for bedrooms reserved by the Booking which are not taken up or cancelled. Unless the bedrooms are re-let, the Client will be charged the full rate of bedrooms vacated early for the remaining period of such Booking. 7.4 In the case of postponements the Hotel shall be at liberty to levy an administrative charge of 10% the estimated total cost of the Booking. The Client shall inform the Hotel of the alternative date(s) of the Booking , subject to availability , whereupon all deposits paid shall be credited to the alternate Booking date(s). 7.5 The Client also agrees to reimburse the Hotel for any costs incurred by it arising from the consequential cancellation or postponement of the Hotel’s arrangements with third parties. 7.6 VAT charges are not payable on cancellation charges levied. 8.0 Changes and cancellation by the Hotel 8.1 The Hotel may, without prior notice, change the Client’s assigned room(s) for one(s) of equal suitability without affecting any minimum or other charge. 8.2 The Hotel may cancel the Booking at any time and without liability to the Client if:- (a) the Client is more than 14 days in arrears with payment to the Hotel or to Corus Hotels plc or any of its’ subsidiaries or associate companies for previously supplied services; (b) the Client is unable to pay its’ debts as they fall due whether to the Hotel, to Corus Hotels plc or to any third parties; (c) any part of the Hotel is closed or unable to operate for any reason beyond the Hotel’s control; (d) the Hotel or any part thereof is disposed by way of assignment, transfer or sale; or (e) the Hotel or any part thereof is designated for alternate use. 8.3 If the Hotel cancels the Booking for a reason other than as set out in clause 8.2 then it will use its reasonable endeavours (without obligation or liability) to provide alternative facilities at another hotel of similar or comparable standard subject to the Client not changing its’ Booking requirements. 9.0 Arrival and departure 9.1 Meeting rooms, conference facilities, event space, exhibition rooms, banqueting rooms and wedding reception rooms will be available as per the Client’s Booking requirements. Extensions for early arrival or late departure must be agreed with the Hotel prior to the event and a supplementary charge may be applied. 9.2 Bedrooms are usually available from 2pm local time on the day of arrival and must be vacated by 12 noon local time on the day of departure. 10.0 Etiquette and controls 10.1 The Hotel reserves the right to judge acceptable levels of noise or behaviour of the Client, guests, representatives or invitees and the Client must take all steps necessary for corrective action as requested by the Hotel. In the event of failure, refusal or neglect in complying with management requests, the Hotel may immediately terminate the Booking or stop any event without being liable for any refund or compensation. 10.2 It is the policy of the Hotel not to discriminate on the grounds of race, colour, nationality, creed, sex, marital status, age , ethnic origin or disability. The Client, its employees, guests, representatives, invitees and all contractors engaged by or on behalf of the Client are expected to adhere to this policy and the Hotel may, without incurring any liability, remove from the Hotel any person(s) offending against this policy. 10.3 The Hotel and the event it hosts are subject to statutory controls including those relating to fire, licensing, entertainment, health and safety and hygiene. These must be strictly observed by the Client, its employees, guests, representatives, invitees and all contractors engaged by or on behalf of the Client. 10.4 Prior written consent of the Hotel must be obtained for any entertainment or services contracted by the Client or for any display to be affixed or placed within the Hotel or its premises. All displays must comply with statutory codes and regulations. 10.5 The Client will ensure that any third party contractor reports to the Hotel’s duty manager to sign a contractor’s indemnity form. The Hotel may in its absolute discretion refuse access to any contractor. 10.6 The Client, if employing the services of any third party contractor/entertainers , shall indemnify the Hotel against any loss of or damage to property or death or illness of or injury to any person(s) and against all claims, demands, proceedings and damages arising as a result thereto. 11.0 External purchases 11.1 No wines, spirits, beers or food may be brought into the Hotel or its premises by the Client, its employees, guests, representatives, invitees or contractors for consumption or sale on the premises without the prior express written consent of the Hotel and for which a charge may be made by the Hotel. 11.2 In the case of a Wedding Booking or Banqueting and Special Occasion Bookings, the Client may supply their own wedding cake, cakes or any other food and beverage for the occasion subject to the Hotel’s Food Health & Safety policies. 12.0 Liabilities 12.1 Other than for death or personal injury caused by the negligence of the Hotel, the Hotel’s liability to the Client, its guests, representatives and third party contractors in the aggregate, is limited to the price of the Booking. 12.2 Unless the Hotel is liable under clause 12.1 the Client agrees to indemnify the Hotel from and against any and all liability and any claims, costs, demands, proceedings and damages resulting or arising from the Booking and/or caused by the Client, its employees, guests, representatives, invitees or contractors. 12.3 The Hotel will not be liable for failure to perform its obligations hereunder to the extent that such failure is caused by any factor beyond its reasonable control. 12.4 The Hotel does not accept responsibility for damage to, or theft from or theft of, vehicles parked on the Hotel premises. 12.5 The Hotel does not accept any responsibility for the Client’s personal property nor those of its guests, employees, representatives, invitees or contractors including gifts, presents, seminar, conference, exhibition, or other corporate presentation material or such other items brought by the Client, its employees, guests, representatives, invitees or contractors to the Hotel (cumulatively referred to as the “Client’s Property”) . The Hotel may, at the request of the Client, provide personnel to assist in carrying, directing, placing, installing or setting up (as the case may be) the Client’s Property. In such an instance, the Client acknowledges and accepts that the Client shall remain responsible for the Client’s Property and shall not hold the Hotel liable in any manner whatsoever. 12.6 The Client is responsible for any damage caused to the allocated rooms, its furnishings, utensils, fixtures and fittings and equipment in such rooms by any act, omission, default or neglect of the Client, its guests, employees, representatives, invitees or contractors and shall pay to the Hotel on demand the amount required to make good or remedy any such damage. 13.0 Internet facilities Internet facilities are provided by third party providers. Where these facilities are made available in Hotels, the Client acknowledges that there may be disruption to the connection without prior notice and the Hotel shall not be liable whatsoever for such disruption. The Client further undertakes not to use the facility for any fraudulent purpose or in connection with any criminal offence or in contravention of any licence and will indemnify the Hotel and Corus Hotels plc against any claim demand suit prosecution arising there from. 14.0 General 14.1 The Hotel’s name, telephone and facsimile numbers, logo, website address and the name CORUS and derivatives shall not be used in any advertising or publicity without the express prior written consent of the Director of Operations, Corus Hotels plc. 14.2 The Booking is not assignable by the Client without the prior written consent of the Corus hotels, which consent may be granted or refused at the absolute discretion of the Corus hotels, with or without the imposition of an administrative fee. 14.3 The information provided by the Client may be processed by Corus Hotels plc for the purposes it has notified to the Data Protection Registrar. By confirming the Booking, the Client consents to this processing of the information. 14.4 In the interest of safety of guests, food and drinks are strictly prohibited from the dance area. In the event of any spillage of food or drinks on the dance floor, guests are to inform any member of the Hotel staff immediately. 14.5 Any comment or complaint must be made at the Hotel at the time of the event so that the matter may be resolved immediately but in any case within 2 days from the date of the event, failing which, the Hotel is not obliged or liable to attend or remedy the complaint. 14.6 Any notice required to be sent under the terms of this TERMS OF BUSINESS must be in writing and must be sent by way of recorded delivery addressed to the Hotel at its trading address 14.7 These terms are deemed to incorporate the Corus Hotel plc’s General Terms of Business, copies of which are available on request or which may be accessed through the Corus Hotel’s website at www.corushotels.com In the event of any inconsistency, the terms of this agreement shall prevail. 14.8 These terms will be construed in accordance with English law and the Hotel and Client submit to the exclusive jurisdiction of the English Courts unless the Hotel is in Scotland where Scottish law applies and the Scottish Courts will have non-exclusive jurisdiction. For Hotels outside the United Kingdom, these terms will be construed in accordance with the local law and the Hotel and Client submit to the non-exclusive jurisdiction of the local courts.