STANDARD TERMS AND CONDITIONSOF TRADE RELATING TO CONFERENCES, BANQUETS, FUNCTIONS AND LETTINGS 1. INTERPRETATION In these terms and conditions the following words shall have the following meanings: “the Client” shall mean the party who contracts pursuant to these Terms and Conditions with the Hotel for the provision of services relating to the Event; “a Contract Form” shall mean a form in the style attached to these Terms and Conditions containing details of the Event in relation to a particular Client, which details shall be incorporated into these Terms and Conditions to form the contract between the Hotel and the Client in question; “the Event” shall mean the conference, banquet, function or letting provided by the Hotel for the Client pursuant to these Terms and Conditions; “the Hotel” shall mean Crerar Hotels Ltd. (SC250644); “the Hotel Premises” shall mean the premises referred to under the heading “Hotel name” in the Contract Form; “the Price” shall mean the sum payable by the Client to the Hotel in respect of the provision of services pursuant to these Terms and Conditions; “Terms and Conditions” shall mean the terms and conditions set out herein; “Total Booking Value” shall mean the total price which the Hotel could reasonably have expected to invoice the Client for and any sums which the Hotel could reasonably have expected to have made from attendees; “Working Days” shall mean any Monday, Tuesday, Wednesday, Thursday or Friday whether or not it is a bank holiday. 2. THE CONTRACT Upon receiving an enquiry in relation to the proposed Event the Hotel shall complete a Contract Form setting out the relevant details of the proposed Event together with a copy of these Terms and Conditions which will be sent to the Client in question. The Contract Form shall specify the last date upon which the client shall be obliged to return the Contract Form, duly signed by or on behalf of him but otherwise unamended. The date of receipt shall be deemed to be 48 hours after the date of the post mark on the envelope containing the Contract Form in question. The contract between the Hotel and the Client in relation to the Event specified in the Contract Form shall be concluded upon the Terms and Conditions contained herein (“the contract”) upon receipt by the Hotel of the Contract Form. In the event that a Contract Form is not received by the Hotel on or before the date specified on the Contract Form, the Hotel shall have discretion as to whether to issue another Contract Form in relation to the proposed Event or to consider the enquiry to have been withdrawn by the Client. 3. PAYMENT 3.1 Subject to the following provisions of this clause 3 and clause 9, the Price so far as quantifiable shall be specified on the Contract Form in the relation to the Event. The Hotel shall issue invoice(s) for the Price in relation to the Event to the Client as follows: 3.1.1 Where credit is not being advanced, the lesser of 25% of total ascertainable cost or £500 as a non-refundable deposit upon receipt by the Hotel of the Contract Form; 3.1.2 Where credit is not being advanced, six weeks prior to the date of the Event, an invoice for the total quantifiable amount known to the Hotel at that date; 3.1.3 In the period following the Event an invoice for all sums unascertainable as at the date of the invoice in clause 3.1.2 above, but now ascertained or, where credit has been advanced, the full value of the Event. Payment is due to be made by the Client to the Hotel within fourteen days of the date of the invoice. The Price may be varied by the Hotel in terms of clause 9 below. 3.2 The Price specified in the Contract Form will reflect the total quantifiable amount known and to be charged by the Hotel as at the date of the invoice. The Hotel reserves the right in terms of paragraph 3.1.3 above to invoice the Client to make payment to the Hotel for any further items provided by the Hotel in relation to the Event which may be either unknown or quantifiable as at the date of the previous invoice or for future sums due in terms of clause 9 below. 3.3 Variations to the payment or any other terms contained within these Terms and Conditions may be made between the Hotel and the Client by agreement in writing signed by both parties. 3.4 In the event that any payment is not made by the Client within fourteen days of the date of the invoice in question, the Hotel shall be entitled to charge interest at the rate of 8% per centum per annum above the base lending rate from time to time of the Bank of Scotland on the amount outstanding from the date on which the invoice in question was due for payment until the date of actual payment. 3.5 Any queries in relation to an invoice should be raised with the Hotel before the date for payment specified in the invoice, whereupon the Client shall be required to make immediate payment for the amount specified in the invoice unless the Hotel has agreed otherwise in writing. 3.6 The Hotel reserves the right to withdraw credit facilities in relation to any Client without further explanations. 4. VARIATION OF NUMBERS ATTENDING THE EVENT The Client shall be obliged to provide confirmation of the number of attendees at the Event when requested to do so by the Hotel and, in any case, not less than seven Working Days before the Event. In the event that the Client desires to increases the number of attendees from the number specified in the Contract Form, no variation shall be made unless such variation is agreed by the Hotel in writing prior to the Event. Any increase in the number of attendees shall be entirely at the discretion of the Hotel and the Hotel reserves the right to refuse entry to ant individuals attending the Event in excess of the number specified on the Contract Form. In the event that there is a reduction in the number of individuals attending the Event from those specified in the Contract Form, the Hotel reserves the right to invoice the Client for the number of individuals specified in the Contracts Form. If the number of attendees is reduced from that specified in the Contracts Forms, the hotel reserves the right to re-allocate the event to a more suitable size. 5. USE OF THE HOTEL 5.1 The client acknowledges that the Hotel is obliged to comply with certain statutory and common law obligations, including without prejudice to the generality of the foregoing, liquor licensing, fire regulation and Health and Safety regulations. The client agrees to ensure that all attendees of the event comply with any necessary in terms of such legal obligations as may be directed by the staff of the hotel. 5.2 All food and drink consumed at the event, on hotel premises must be supplied by the hotel or its authorised agents. Without prejudice to the foregoing generality this also includes the consumption of prizes won at any event, and the hotel not shall be liable for any loss or consequence arising from breach of this term by any individual attending an Event. The only exception to this Clause 5.2 shall be wedding cakes, but the hotel shall bear no liability for loss or damage arising from the storage or consumption of a wedding cake on the hotel premises which has not been supplied by the hotel. 5.3 The client shall be responsible for ensuring that the attendees of the event shall not act in an improper or disorderly manner. The client shall ensure that all attendees of the event shall leave promptly at the appropriate time and comply with the reasonable demands of the staff of the hotel. The client agrees to indemnify the Hotel upon demands for all sums incurred by the Hotel (including any legal fees reasonably incurred) which may rise as a result of a breach of this condition. 5.4 The Hotel reserves the right to refuse admission to any particular attendee of the Event or to require any particular attendee to leave the Event if in the sole opinion of the Hotel, that person’s conduct appears to be inappropriate. The Hotel will be entitled to use reasonable force to ensure such discretion. 5.5 The Hotel will not accept ant responsibility for any items of personal property of the Client or attendees at any Event which are left unattended at the Hotel Premises whether overnight or otherwise included but not limited to wedding presents. All items of property are left entirely at the owners’ risk, although on request and subject to availability the Hotel will endeavour to provide storage to accommodate the Client. In such circumstances, the Hotel will not assume custody or control of such articles, which remain on Hotel Premises at the owners risk. 5.6 The Hotel will accept no responsibility for any damage or loss arising from the acts or omissions of attendees at any other event at the Hotel Premises. 6. CANCELLATION OF EVENTS Cancellations can cost the Hotel money and so an effective cancellation policy is required. This is as follows. By the Client In the event the Client cancels an Event less than 20 weeks before the specified date of the Event on the Contract Form, the hotel reserves the right to impose the following cancellation charges. • Cancellation less than 14 days before the Event – 90% of the Total Booking Value • Cancellation between 4 weeks and 2 weeks before the Event – 75% of the Total Booking Value • Cancellation between 8 weeks and 4 weeks before the Event – 50% of the Total Booking Value • Cancellation between 12 weeks and 8 weeks before the Event – 30% of the Total Booking Value • Cancellation between 20 weeks and 12 weeks before the Event – 10% of the Total Booking Value All intimations of cancellation must be made by notice in writing to the Hotel and will be effective on the date of actual receipt by the Hotel By the Hotel In the unlikely event that the Hotel has to cancel your booking, you will receive all of your advance payments. In particular (but without prejudice to the foregoing generality), the Hotel shall be entitled at their sole discretion to cancel the Event upon notice to the Client of the occurrence of one or more of the following circumstances. • The closure of the Hotel Premises or any part thereof, due to circumstances outwith the control of the Hotel • The insolvency of the Client • Where arrears of payment of any amount due to the Hotel by the Client in relation to the Event or any other event organised by the Client at the Hotel Premises, are outstanding for more than 14 days. • The occurrence of any other circumstances which in the sole opinion of the Hotel would lead to either the reputation of the Hotel being damaged or damage caused to property of the Hotel. 7. ACCESS TIMES Reservation of function rooms within the Hotel, which are confirmed by the Hotel shall in all cases, limit access to the room in question to the period specified in the Contract Form. The hotel reserves the right to clear the function room in order to fulfil any other obligation, outwith the times booked, and to change an additional rate if the room is not vacated by the agreed time. 8. GENERAL 8.1 The Client shall be liable for any loss or damage caused, either to the property of the Hotel, its patrons or any other item of property within the Hotel Premises whether in the ownership of the Hotel or not, by the Client or attendees at the Event 8.2 The Hotel will take reasonable steps to fulfil its obligations in respect of any Event, in accordance with the details set out in the Contract Form, to the best of its ability, but reserves the right to provide alternative service of an equivalent standard( whether at the Hotels Premises or elsewhere) at no additional cost to the Client.. 8.3 The Client agrees to notify the Hotel in writing as soon as possible (and in any event within 7 days of the Event) of any dissatisfaction in relation to the goods and services provided by the Hotel in relation to the Event, and if possible to put the Hotel in position to remedy the problem at the Event 8.4 The contract comprised by these Terms and Conditions and the Contracts Form constitutes the entire agreement between the Hotel and the Client (the “parties”), it supersedes ant previous agreement or understanding and may not be varied expect in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. 8.5 A notice required or permitted to be given by either party to the other under the contract shall be in writing addressed to the other party as its registered office or principal place of business or address specified on the Contracts Form or such other address as may at the relevant time have been notified pursuant to this provision to the other party giving notice. 8.6 No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right and no waiver by either party of the contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 8.7 If any provision of the contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected. 9. PRICES The hotel reserves the right to add any new or additional tax or levy imposed by lawful authority to the Price which was not known of by the Hotel at the time the Contracts Form was signed. 10. GOVERNING LAW The contract shall be governed by Scots Law and the parties hereto submit to the non-exclusive jurisdiction of the Scottish Courts.