TERMS AND CONDITIONS 1. Interpretation In these Terms of Business: 1.1 “Client” or “You” means the person or other body who reserves a Room or other services from the Company. 1.2 “Company” means Apex Hotels Limited, registered office currently at 217 Gilmerton Road, Edinburgh, EH16 5UD 1.3 “Room(s)” means a room(s) and “Hotel” means the Hotel premises in or at either the Apex European Hotel, 90 Haymarket Terrace, Edinburgh EH12 5LQ or Apex International Hotel, 31-35 Grassmarket, Edinburgh EH1 2HS or Apex City Hotel, 61 Grassmarket, Edinburgh, EH1 2JF or Apex City Quay Hotel & Spa, 1 West Victoria Road, Dundee, DD1 3JP or Apex City of London Hotel, 1 Seething Lane London, EC3N 4AX 1.4 “Conditions” means the standard terms and conditions of business set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the Company. 1.5 “Contract” means the Function Contract and these Terms and Conditions. In the event of any ambiguity between the Function Contract and these Terms and Conditions, these Terms and Conditions shall prevail. 1.6 “Arrival” means the first date for which the reservation of the Room(s) or services are made. 1.7 “Writing” includes telex, cable, facsimile transmission and comparable means of communication. 1.8 “we”, “our” and “us” means Apex Hotels Ltd 1.9 "Event" means the event specified on the Function Contract. 1.10 "Function Contract" means the Function Contract attached to these Terms and Conditions setting out details of the Event, the charges payable by you and any additional services required by you. 2. Charges & Payment: 2.1 Should an advance deposit or pre-payment be required, as set out in the Function Contract, this must be cleared in our bank account by the due date as set out on the Function Contract and is non-refundable. V.A.T. will be charged at the prevailing rate at the time of payment. 2.2 If an advance deposit is overdue by 7 days from the due date, we reserve the right to cancel the Event, and the cancellation fees as detailed in clause 5 will become payable. 2.3 We require at least 14 days notice prior to the Event to arrange any credit facilities and reserve the right to refuse to extend credit facilities to you. Credit accounts must not exceed their limit, as set by us, at any time. 2.4 Payment is due in respect of the outstanding balance of a credit account 14 days following the date of our invoice. All Events and bookings are quoted and payable in pounds sterling. 2.5 In the event of payment becoming overdue, interest at 2.5% above the current Royal Bank of Scotland base rate, as at the date of the invoice, will be added to your account, calculated on a daily basis for each day the amount is overdue. 2.6 Billing for an Event will be based on guaranteed numbers as set out in the Function Contract or actual numbers in attendance, whichever is greater. 2.7 You are also responsible to pay within 14 days of the issue of our invoice (in respect of the Event), for all food, beverages and other services requested by you, your employees, guests, customers, clients or invitees during the Event, and which are not included within the agreed rate per room or per guest, as set out in the Function Contract except in so far as you have instructed us in writing to obtain cash settlement from persons requesting food, beverages or other services. 2.8 If there are queries on any part of the Function Contract or our invoice, you will pay the undisputed balance of the sum owing on the date due and the remainder on resolution of the query. 3. Confirmation by you: 3.1 All bookings are considered as provisional until the Contract is signed by you and by us. Once both parties have signed the Contract, all services reserved on your behalf will be subject to the terms & conditions of the Contract. The Contract must be returned by you and received by us at the Company’s registered office by the due date on the Contract. If the Contract is not received by us by the due date, we reserve the right to release the provisional booking and re-let the facilities reserved for the Event. 3.2 Final timings, menus and any special requests must be confirmed to us, in writing, at least 7 days prior to the Event. 4. Amendments by you: 4.1 Amendments to guest numbers and or other arrangements after the Contract has been signed must be confirmed to us in writing. 4.2 In the event that the number attending the Event exceeds the number advised at the time of booking, we shall use our reasonable endeavours to provide service and accommodation if required, for the increased numbers. We shall levy additional charges at the agreed rate per guest, or per room, for such increased numbers. 4.3 Reduction in the duration or contracted value of the Event will be subject to our cancellation policy, as set out in the Function Contract and clause 5 of these Terms and Conditions. 4.4 No charges will be made for any reduction in numbers of less than 10% on catering only from those stated on the Contract, providing they are received in writing by the Company at lease 14 days prior to arrival. 5. Cancellation: 5.1 If you cancel or postpone a confirmed booking we will make every effort to re-sell the facilities to a third party for the same dates on no less favourable terms on your behalf, however, if we are unable to re-sell the facilities cancellation charges will apply per the undernoted scale in Clause 5.2. 5.2 If the Contract is terminated within the following time periods in advance of the first date of the Event, you will be required to pay the following percentage of the total anticipated charges as set out in the Function Contract:- Time Frame Cancellation Charge: 5.2.1 Cancellations less than 30 days in advance 100% 5.2.2 Cancellations between 60 days and 31 days in advance 75 % 5.2.3 Cancellations between 150 days and 61 days in advance 50% 5.2.4 Cancellations between 270 days and 151 days in advance 25% 5.3 Should we for reasons beyond our control need to make any amendments to your booking, we reserve the right to nominate alternative facilities within the Company for the Event. 5.4 If you make significant changes to the Event, in terms of numbers and/or dates, as set out in the Function Contract this may result in amendments in the applicable rates and/or facilities offered by us in relation to the new criteria. 5.5 This Contract may be cancelled by us, without penalty or liability, if in our sole discretion your presence would pose a risk to the safety of the other guest’s in the hotel or the public at large. 5.6 The Hotel may cancel the booking at any time :- if the booking might, in the opinion of the Hotel, prejudice the reputation of the Hotel, or if the Client is more than 30 days in arrears of previous payments to the Hotel, or if the Hotel becomes aware of any alteration in the Client’s financial situation. 6. Arrival/Departure: 6.1 Any bedroom accommodation as part of the Event is available from 1430 hours on the day of arrival and must be vacated by 1030 hours on the day of departure, unless specific alternative arrangements have been agreed. 6.2 If guests with guaranteed accommodation bookings do not arrive, no-show charges will be applied at 100% of the total anticipated accommodation charges. 6.3 Any meeting rooms as part of the Event are available at the times stated in the Contract. Any extension may incur additional charges. A reduced time will not result in any reduction of the charges being levied and you will be charged on the basis of the time agreed as stated in the Contract. 7. Your Use of the Hotel 7.1 You and persons attending the Event shall: a. comply with all licensing, health and safety and other regulations relating to the Hotel; b. not carry out any electrical or other works at the Hotel, including amplification and lighting, without our prior written consent; c. not bring any dangerous or hazardous items into the Hotel and shall remove any such items promptly when requested to do so by a member of the Hotel management or any authorised person; d. consume any food or drink at the Hotel not supplied by the Hotel or its authorised caterers, without the Hotels’ prior written consent; e. not act in an improper or disorderly manner, leave promptly at the appropriate time and comply with any reasonable requests of our employees. f. the Hotel reserves the right to approve any externally arranged entertainment, services or activities you have arranged and does not accept any liability for any resultant cost. g. should any of the delegates or outside speakers or entertainers be unable to correct any aspect of poor behaviour or activities unacceptable to the Hotel, or other guests, or hotel staff, the Hotel reserves the right to terminate your stay. Should this occur, no monies will be refunded to you. The Manager’s decision is final. 7.2 Decorations or displays brought into the Hotel by you must be approved prior to arrival by the Hotel's Manager. It is our policy that items may not be attached to any fixed walls with nails, staples, tape or any other substance. We would be delighted to assist in organising display boards for your Event. 7.3 Any person or item in breach of conditions 7.1 or 7.2 may be refused admission to or be asked to leave the Hotel. 8. Liability 8.1 Subject to our liability under the Hotel Proprietors Act 1956, we will not be liable or responsible for any jewellery, luggage, clothing or other property belonging to you or your employees, guests, customers or invitees brought into the Hotel by you or your employees, guests, customers or invitees. 9 General 9.1 The costs of repairing any damage caused to the property, contents or grounds by any of your guests, must be reimbursed to the Hotel by the Client. 9.2 No wines, spirits or other beverages or foods brought into the Hotel may be consumed in the Hotel unless with prior written approval from the Hotel. 9.3 The Hotel will not be liable for any failure to provide or delay in providing facilities, services, food or beverages as a result of events or matters outside its control. 9.4 The Hotel’s name/logo may be used in publicity, only with the Company’s prior written consent and once a proof of the promotional material has been agreed with the Company. 9.5 The Client is responsible for ensuring that any band or musician employed by them complies with statutory requirements and the requirements of the management. 9.6 The Company must comply with certain licensing and statutory regulations and require the Client to fulfil their obligations in this respect. 9.7 We are concerned for your health and safety and that of our guests and staff. You are required to obtain prior written approval if you wish to fix items to the walls, floors or ceilings. 9.8 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. 9.9 Insurance can be arranged to protect you and your event against cancellation or abandonment with a minimum sum insured based on the anticipated income to the Hotel. Insurance can also cover non-appearance of speakers or delegates, property damage at or to the venue or its contents, third party bodily injury and third party damage. The Hotel does not accept liability for these. 10. Frustration of the Contract 10.1 If we are prevented, or hindered, from carrying out any of its obligations by circumstances beyond its reasonable control (and this includes but is not limited to government interventions, strikes or labour disputes, actions, Acts of God, national or local disasters or War), then our liability to you shall be no greater than the amount actually paid by you to us in respect of the Event. 10.2 The contract is non-transferable and shall be governed by Scottish law and you submit to the non-exclusive jurisdiction of the Scottish Courts. Authorised Signatory (for and on behalf of Company): Job Title: Print Name : Date: Authorised Signatory (on behalf of Client): Job Title: Print Name: Date: