City Inn Limited Terms and Conditions of Business for Accommodation, Meetings and Events. These conditions apply to all Contracts for the provision of goods and services for Accommodation, meetings, and other Events to the exclusion of all other terms and condition, including any which the Client may purport to apply or which may appear in any promotional literature. No variation to these conditions shall apply unless authorised in writing by an Authorised Representative of the Company. Please read these Conditions carefully. 1. Definitions Any terms used with an upper case initial letter have special defined meanings. 1.1 “Accommodation” means bedroom accommodation booked in connection with an Event 1.2 “Authorised Representative” means a person holding a senior position within the Hotel and connected to the business of managing Events or Bookings or to a Director or Senior Manager of the company 1.3 “Booking” means a booking under a Contract 1.4 “Client” means the person, firm or company responsible for commissioning of and payment for the Event. 1.4 “Contract” means the written agreement between the Hotel and the Client for a specific booking or series of bookings 1.5 “Event” means the event or function specified in the Contract 1.6 “Contract Minimum” means the minimum number of guests the Client guarantees will attend at the Event and the Company has calculated its charges on this basis. 1.7 “Hotel” means the property(ies) for which this Contract has been agreed and/or as appropriate owned and operated by City Inn Limited, Registered Office: 3rd Floor, Princes Exchange, 1 Earl Grey Street, Edinburgh EH3 9AQ. Head Office and principal place of business: 3rd Floor Millbank Tower, 21-24 Millbank, London SW1P 4QP 1.8 “Working Day” means Monday to Friday excluding bank holidays and other public holidays. 2. Payment 2.1 Payment The Company reserves the right to require payment of a deposit or full payment at any time prior to a booking. All amounts incurred will be invoiced. Any queries should not delay immediate payment of the outstanding balance. Queries should be referred to the Hotel within 7 days of the receipt of invoice. No allowance or refund can be made for meals and other elements not taken within the agreed package rate. Payment must be made in Pounds Sterling (UK) payable to the Hotel. 2.2 Deposits Deposits are non-refundable. The Client must pay the deposit payment(s) by the due date, as specified in the Contract. Should the Client fail to pay any such deposit within 7 days of the due date, the Company may treat the Booking as having been cancelled by the Client and: 2.2.1 the Company may set-off any cancellation fees which become payable against the deposit; 2.2.2 if the deposit held by the Company is greater than the amount of any cancellation fees payable, then the balance shall be refundable to the Client. 2.3 Credit Credit facilities with the Company may be obtained on application to the Hotel (subject to the agreement of the Hotel) and where it is anticipated that the Client will spend in excess of £500 per month, or £6,000 per annum or on any one event a sum in excess of £1000. Credit facilities must be finalised at least 2 weeks prior to the Event. All amounts incurred against an agreed credit facility will be invoiced immediately after the Event. The Client shall pay all invoices on presentation of the invoice. All such agreed credit accounts must not exceed their credit limit at any time without prior approval of the Hotel. 2.4 Interest The Company reserves the right to charge interest on all overdue debts at the rate of 3% per annum above the base rate of the Bank of Scotland from time to time in force. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. 2.5 Extras The Client shall pay the Hotel for any food and beverages or other goods and/or services not provided for in the Contract or otherwise in correspondence but made available upon request of the Client on the day of the Event. 2.6 Price Variations In the event of circumstances beyond the Company’s control (including, but not limited to, increases in the standard rate of VAT), the Company reserves the right to vary the prices specified in the Contract to an extent which reflects such circumstances. 2.7 Overnight Allocations All conference meetings or Private Lunch Suites must terminate by 5.00pm unless a later time is specifically agreed with the Hotel. The Company reserves the right to sell any meeting space after 5pm for evening events or functions. If the customer would like to retain the meeting space allocated past 5.00pm or overnight, the Client will be charged an additional amount to be agreed with the Hotel. 3. Confirmations and Guest Numbers 3.1 All bookings are provisional until the relevant Contract (signed by the Client) is countersigned on behalf of the Company and dated. 3.2 The Contract shall specify the anticipated number of guests for the Event, the agreed minimum number of guests for the Event (the “Contract Minimum”) and the maximum number of guests permissible for the function room(s) reserved for the Event. 3.3 The Client must inform the Hotel of the number of guests it wishes to be catered for at the Event (the “Final Number”) at least 5 Working Days before the Event. This Final number will override the anticipated number specified but will not affect the Contract Minimum. 3.4 The Contract Minimum represents the minimum number of guests the Client guarantees will attend at the Event and the Company has calculated its charges on this basis. The amount payable by the Client will therefore be calculated according to the highest of (a) the Contract Minimum (b) the Final Number or (c) the number who actually attend the Event. 3.5 For all 8 and 24-hour meetings and events packages the Contract Minimum shall be 10 delegates unless otherwise agreed with the Hotel. 4. Cancellation by Client 4.1 If the Client wishes to cancel a Booking or cancel the reservation of some or all bedrooms reserved either as a block Booking or in conjunction with an Event, such cancellations must be advised to the Hotel in the first instance verbally, followed by written notice of cancellation (the “Cancellation Notice”). Cancellation shall be effective, final and binding on the Working Day on which the Hotel receives the Cancellation Notice (the “Cancellation Date”). Any Cancellation Notice received outside the hours of 9.00am and 5.00pm shall be deemed made on the next Working Day. Any postponement of any Event shall be considered as a cancellation under this Clause 3. 4.2 If the Client cancels a Booking, the Company will charge a cancellation fee (the “Cancellation Fee”). The Cancellation Fee shall be a percentage of the charges payable in respect of the Contract Minimum (and, if any separate charge is payable in respect of room hire, of such room hire charge), according to the number of calendar days (that is not counting the Cancellation Date and the day of the Event) between the Cancellation Date and the date of the Event (the “Cancellation Notice”), as set out below. If the Event is cancelled less than 3 Working Days before the Event, the Company is entitled to charge according to the Final Number, if higher than the Contract Minimum. Cancellation Fee:- Over 60 days 10% 60 days- 29 days 50% 28 days- 15 days 75% 14 days or less 100% 4.3 Where any bedrooms are reserved either as a block booking or in conjunction with an Event, such bedrooms: 4.3.1 are block booked and reserved exclusively to the Client and accordingly will not be released unless notice of cancellation of such reservation in respect of the relevant bedrooms is given in accordance with Clause 4.1. The Cancellation Fee will apply and will (unless cancelled as provided above) be charged at the room rate specified in the Contract (or, if no separate room rate is specified in the Contract, at the standard room rate) for all nights booked even if any guests do not stay for all nights so booked (including by reason of early departure). 4.4 For block bedroom bookings of 9 or more rooms on any one night, cancellation of some or all bedrooms reserved either as a block booking or in conjunction with an Event will incur a Cancellation Fee. This Cancellation Fee shall be a percentage of the charges payable in respect of the bedrooms cancelled (or, if no separate room rate is specified in the Contract, of the standard room rate) according to the Cancellation Fee set out in Clause 4.2. 4.5 The Cancellation Fees payable under this Clause 4 are a genuine pre-estimate of the loss the Company will incur arising out of a cancellation; the actual losses incurred by the Company may be greater or less than these Cancellation Fees; the Cancellation Fees are payable whether or not the Hotel is able to find alternative business in respect of the cancelled Event and/or bedrooms although the Hotel shall use reasonable endeavours to re-sell the space and/or bedrooms and may reduce the Cancellation Fees proportionately at its discretion. 4.6 In addition to the Cancellation Fees due under Clauses 4.2, the Client must reimburse the Hotel (on an indemnity basis) for any expenditure incurred in respect of any cancelled Booking including (but not limited to) any costs, charges or financial commitments incurred as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event. 4.7 The Company may invoice the Client for any Cancellation Fees payable at any time after the cancellation. The Client shall pay such invoice on presentation of invoice. 5. Cancellation by Company 5.1 The Company may cancel the Booking: 5.1.1 If the Booking might prejudice the reputation of the Hotel or the Company; 5.1.2 in accordance with Clause 2.2 5.1.3 If the Company becomes aware of any deterioration in the Client’s financial situation such that the Company reasonably considers the Client may not be able to fulfil its material obligations under the Contract. 5.2 The Company may charge the cancellation fees provided in Clause 4 in the event of any cancellation under this Clause 5. 6. Changes by Company The Company shall use reasonable endeavours to adhere to Client’s requests to reserve a specific function room. However, the Company reserves the right without prior notice to change the Client’s assigned function room for one of equal suitability if the Hotel has reasonable commercial or operational reasons for so doing (including, but not limited to, the carrying out of works on the relevant room or such room being otherwise unavailable). In the event that a suitable alternative cannot be found within the Hotel, the Hotel shall use its reasonable endeavours to obtain suitable facilities locally of an equivalent standard and shall inform the Client as soon as reasonably practicable. 7. Outside Services The prior consent of the Hotel must be obtained for any entertainment or services contracted for the Event by the Client, all of which must comply with any statutory codes and regulations. It shall be the responsibility of the Client to ensure that, where applicable, Performing Rights Society forms and Phonographic Performance Limited forms are completed by any band or musicians employed by the Client. 8. Etiquette 8.1 The Hotel reserves the right to judge acceptable levels of noise or behaviour of the Client, its guests, representatives or contractors (including, but not limited to, persons engaged by the Client to provide entertainment or other services). The Client must ensure compliance with the Hotel’s direction as to noise or behaviour. 8.2 The Hotel reserves the right generally: 8.2.1 to exclude or eject any person from the Event or the Hotel if it reasonably considers such person to be objectionable; and 8.2.2 to terminate the Contract and stop the Event without liability to any refund or compensation, if necessary to prevent or terminate unacceptable noise or behaviour. 8.3 The Client shall indemnify the Company against all and any losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by the Company arising out of any exclusion, ejection, termination or stopping under Clause 8.2 or the circumstances giving rise thereto. 9. Health & Safety The Client must fully comply (and ensure the full compliance of its sub-contractors, employees and guests) with the Hotel’s Health & Safety policy, a copy of which is available on request from the Hotel. 10. Consumption No wines, spirits, food or beverage may be brought into the Hotel or grounds by or on behalf of the Client or any guests for consumption on the Hotel premises unless the prior consent of the Hotel has been obtained, for which a charge will be made. 11. Licensing and Statutory Regulations The Client shall maintain free access to fire exits at all times and shall obtain the prior approval of the Hotel before using any special effects equipment on the Hotel premises. The Client shall submit for approval by the Hotel all table layouts for the Event. The Client shall observe the permitted hours for selling intoxicating liquors in the Hotel premises, as advised by the Hotel. 12. Punctuality The Event must start and finish at the times specified in the Contract. Changes to these times may not be possible unless previously agreed with the Hotel. 13. Guests’ Clothing and Personal Property The Company does not accept responsibility for the property of the Client or its guests. Cloakrooms are provided for the convenience of clients and guests but any goods deposited in the cloakrooms or left unattended on Hotel premises are deposited at the owner’s risk and without any liability on the part of the Company. 14. Equipment Storage The Hotel will assist the Client, where reasonably possible, with the storage of equipment etc, however any such equipment left with the Hotel is done so at the Client’s risk and the Company does not accept any liability for loss or damage to any item of equipment, furniture, stock or the like, left in storage. 15. Radio Communication Systems Where usage of any radio communication system handset is provided to the Client, the Client shall comply with all licensing conditions in relation thereto. 16. Liability of the Company 16.1 Subject to Clause 16.4, the Company shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or economic losses or loss of profits however arising. 16.2 In no event will the Company’s liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event. 16.3 The Company shall not be liable for any breach of the terms and conditions or delay or failure in providing services as a result of causes beyond its reasonable control including, but not limited to, fire, floods, strikes, delays in transportation, acts of terrorism, failure of services or inability to obtain any necessary information or consent from any authority. 16.4 The Company does not exclude or restrict its liability in respect of death or personal injury resulting from its negligence. 17. Damage The Client shall be responsible to the Company for any damage caused to the allocated rooms or the furnishings, utensils and equipment therein or to the Hotel generally by any act, default or neglect of the Client or any sub-contractor, employee or guest of the Client and shall pay to the Company on demand the amount required to make good or remedy any such damage. 18. Meetings & Events Room Allocation. A meeting or events room suitable for the requirements of the Client’s meeting or event will be reserved for the Client. The Company reserves the right to allocate the specific room on the day of the event. 19. General 19.1 Agents Should the Client contract with the Hotel through an agent, the agent acts in that capacity for the Client, and not the Company. The Client accepts full responsibility for the payment of the Hotel’s account. 19.2 Governing Law The Contract shall be governed by and construed in all respects in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts. The Contract does not affect any rights which the Client may have under the Hotel Proprietors Act 1956 where that Act applies. 19.3 Time is of the Essence For all payment obligations under these Conditions, time shall be of the essence. 19.4 Assignment The Contract shall not be assignable by the Client, but may be assigned by the Company to an operator of the Hotel. 19.5 Waiver No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 19.6 Data Protection The Company shall process any personal data supplied by the Client in connection with a Booking in accordance with the provisions of the Data Protection Act 1998 in relation to the processing of such data. The Company may collect, hold and process information about the Client for the purpose of carrying out its business of supplying goods and services to the Client. The Company may disclose such personal information to its financiers or third party agencies for the purpose of obtaining a credit check on the Client (where credit facilities are applied for) or for the purpose of informing the Client of future marketing and promotional opportunities. The Client hereby consents to the Company processing and disclosing such information for the purposes outlined above. 19.7 Company’s Trade Marks The Client is not authorised to use the Company’s trade marks (whether registered or unregistered and whether existing now or in the future) unless solely for the purposes of publishing where and when the meeting or event is to take place. The Company may consent to further uses of its marks upon the Client’s request for authorisation. This shall be at the Company’s discretion and shall at all times be subject to prior approval. The above Terms and Conditions apply to Accommodation, Meetings and Events. Further Terms and Conditions may apply to Weddings, please ask for more details.