EYNSHAM 2005 TERMS & CONDITIONS All Conferences, Banquets and Events ("Functions") booked at Eynsham Hall ("the venue") by the Client ("the Client") shall be subject to the following: 1. GENERAL A) This contract is made between Eynsham Hall Ltd and the Client specified on the confirmation form. B) The person signing for and on behalf of the Client warrants to the venue that he/she has the authority to do so. In the event that he/she is not so authorised he/she will be personally liable for the completed performance of this Contract. C) We are unable to guarantee that all of the many facilities at the venue will be available for use during your stay. We are unable to make any refund or reduction in our charges if any facility is unavailable. D) If you have any special dietary or other requirements, please give full details before confirming the booking. The venue's normal scale of cancellation will apply if you cancel because we are unable to meet your requirements that you fail to disclose when making the booking. E) The Client shall provide, on request by the venue, all such information which is available in relation to the Function as may be necessary to enable the venue to make a fully informed assessment of it's obligation to provide the service. F) The venue will take all reasonable steps to fulfil the reservation to the best of its ability and in accordance with the details provided. However, it reserves the right to provide alternative services of at least an equivalent standard at no additional costs to the Client. G) The Client shall not be entitled to assign the booking to any third party nor utilise the venue facilities other than for the purpose stated, without the venue prior approval. H) Whilst the venue has taken all reasonable steps to ensure that the information contained in it's brochures, tariffs, leaflets and advertisements is accurate, it reserves the right to alter, substitute or withdraw any service, facility or amenity without notice if necessary. I) No variation of these conditions shall be effective unless in writing and signed on behalf of both the venue and the Client. J) This agreement shall be subject to the law of the country in which the venue is situated. 2. DEPOSITS AND CHARGES A) The booking shall be provisional until the confirmation form has been signed and dated by both parties and returned to the venue within fourteen days (or such period as is specified in the confirmation form) where upon is shall be a confirmed reservation. A deposit of 50% of the estimated total revenue of the event is to be paid as indicated on the confirmation. If a deposit is not paid within twenty eight days of the issue of the confirmation form, the venue may, in it's sole discretion, cancel the booking and the venue shall then be entitled to make other use of the facilities one the date(s) covered by the booking. B) Where credit has not been granted the balance of payment is to be paid one month prior to the event. C) The Client agrees to pay all of the venue's Charges in the due dates, failing which a 10% surcharge of the total amount will be added to the account. D) If there are any queries on any part of the invoice, the Client will pay the undisputed balance of the sum owing on the date due and the remainder on resolution of the query. E) The venue reserves the right to withdraw credit facilities at any time without notice. 3. NUMBERS ATTENDING A) The client shall give details of the final guest list attending the event when requested by the venue and in any case, not less than 14 days beforehand. The acceptance of any increase over the previously advised numbers will be at the venue's discretion. B) Where the booking includes bedroom accommodation, full details of the names of persons staying, together with the type of accommodation and length of stay, must be stated in writing, no less than 28 days prior to the date of arrival or sooner if requested. C) The venue reserves the right to charge, in full, for any decrease from the numbers guaranteed on the booking form. D) In the event that the guaranteed minimum is exceeded, the venue will make every reasonable endeavour to provide service and accommodation for increased numbers and will charge appropriately for providing this service. The venue cannot be held responsible for the failure to provide such accommodation or service. E) The venue may relocate the Function to a more appropriate room if a decrease in numbers occurs. 4. ADVERTISING If the general public are to be admitted to the Function, the Client should not use the venue name or trademark without it's prior permission and must show all tickets, posters and advertising material to the venue for it's approval in writing. In all other circumstances this information should be provided if so requested by the venue.. 5. CLIENTS USE OF THE VENUE A) The Client and persons attending the function shall: (i) Comply with all licensing , health and safety regulations relating to the venue. (ii) Not carry out any electrical or other works at the venue, including amplification and lighting without the venue's prior written consent. (iii) Not bring any dangerous and hazardous items into the venue and remove any such items promptly when requested to do so by a member of the venue management or nay authorised person. (iv) Not consume any food or drink at the venue not supplied by the venue without the venue's prior written consent. (v) Not act in an improper or disorderly manner, leave promptly at the appropriate time and comply with any reasonable requests by the Hotels employees. B) Any person or item in breach of these conditions may be refused admission to or be removed from the venue. 6. CANCELLATION BY THE VENUE A) The venue may cancel the bookings under the following circumstances: (i) If the venue or any part of it is closed due to circumstances outside its control. (ii) If the Client becomes insolvent or enters into liquidation or receivership. (iii) If the Client is more than 30 days in arrears with any payment to the venue. (iv) To avoid a breach of these conditions. (v) If it might prejudice the reputation of or cause damage to Eynsham Hall B) In such an event the venue will refund any advance payment made but will have no further liability to the client. C) Notwithstanding anything contained in these Terms, the venue will not be liable for any failure to perform it's obligation to the Client in whole or part as a result of any of the following circumstances: (i) Strikes (ii) Other industrial action (s) (iii) Fire at or near the venue (iv) Flood at or near the venue (v) Civil unrest, dispute or commotion (vi) Act of God (vii) Legal action against the venue, not resulting from it's negligence, preventing the supply of services. (viii) All other causes beyond the control of the venue In the event of the foreground occurring, the venue shall offer the Client alternative accommodation if it is available, failing which the venue will cancel the contract and refund the deposit. The venue's obligation to compensate the Client will be limited to the obligation to repay the deposit. 7. CANCELLATION BY THE CLIENT If the Client cancels less than 12 months in advance, the venue reserves the right to claim the following sums, unless a booking is obtained for the same dates from a third party on no less favourable terms. A) 90% of the contracted room hire and rates and packages will be charged and 65% of the food and beverage element unless the room is resold if cancelled less than 6 months of the contracted date. 10% of the total contract value will be charged if the event is cancelled more than 6 months prior to the contracted date of the event. The venue will advise of the food and beverage elements included within packages on request. B) If cancelled less than 28 days prior then 100% of the contract will be charged plus VAT C ) Once contracted the cancellation charges will be based on these numbers - however should the numbers increase 28 days prior then the revised number will be charged. However if the slippage in numbers is greater than 5% of the original contracted numbers then the slippage cannot exceed 5% by the client . In all instances, notification of cancellation must be made in writing and will be effective on the date received by the Hotel. 8. NON ARRIVAL The venue reserves the right to charge the client for any loss of profit/revenue due to the non arrival or substantial reduction in the numbers confirmed for services that they are unable to re-sell or re-use. 9. LIABILITY A) The venue will be liable to the Client and/or persons attending the Function for injury to persons or loss or damage to property only where and to the extent that is has been negligent but otherwise will be under no liability to them whatsoever. B) The Client will be liable for any loss or damage to the venue's property including walls, light fittings and equipment (including items hired for their use) or injury to any person including the venue staff and shall indemnify the venue against any loss or liability (other than the venue liability in (A) above) arising from the function. C) The Client is recommended to arrange insurance for the function covering public liability and loss or damage to its property and that of persons attending the Function. D) The Client agrees not to enter into any contract for music or other forms of entertainment or other services or accommodation in connection with the Function without the prior written consent of the venue, such permission not to be unreasonably withheld. E) The Client agrees to begin and end its function at the scheduled times. The venue reserves the right to charge and the Client agrees to reimburse the venue for any overtime wage demands or other expenses incurred by the venue due to the Client using the Function space outside of the scheduled times. F) The Client agrees to pay the venue for any food, beverage or other service not provided for in this contract, but made available on request of the Client unless the venue has been specifically instructed in writing to obtain cash settlement direct from the person receiving such services. G) The Client shall not set up any display within the venue premises (including the Car Park) without the written consent of the venue. Any display material used must conform with Local Government and Fire Regulations. 10. ACCEPTANCE OF CONDITIONS Unless otherwise expressly agreed in writing by the venue, all bookings are accepted by the venue subject to the foregoing Terms and Conditions.