1.1 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.2 Any reference in these Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
2. BASIS OF SALE
2.1 Subject to the availability of the relevant Catering/Hospitality Package at the time of receipt by the Seller of booking through the Seller’s website (or the signing of the Seller’s booking form by the Customer) the Customer shall be bound by these Conditions and therefore a Contract with the Seller in relation to Catering/Hospitality Package. Until the Seller has received payment of the Price in cleared funds, the Booking shall be conditional from the Seller’s perspective, and the Seller shall be entitled to terminate the Contract and shall be under no obligation to provide the Customer with the Catering/Hospitality Package or any part of it.
2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions in respect of the Catering/Hospitality Package.
2.3 Subject to Condition 3.1 of these Conditions, no variation of the Contract shall be binding unless agreed in writing by an authorised representative of the Seller. The Seller reserves the right not to vary the Contract.
2.4 The Seller's employees or agents are not authorised to make any representations concerning the Catering/Hospitality Package unless confirmed by the Seller in writing. In entering into the Contract, the Customer acknowledges that it does not rely on any such representations which are not confirmed in writing. This Condition shall not exclude any liability for, or remedy in respect of, fraudulent misrepresentation.
2.5 Any typographical, clerical or other error or omission in any Factsheet or other sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.1 Whilst every reasonable effort will be made to ensure that the Catering/Hospitality Package is in accordance with the details as set out in the Factsheet, the Seller reserves the right in the Seller's absolute discretion to make any changes to the Catering/Hospitality Package which do not in the opinion of the Seller materially affect the quality of the Catering/Hospitality Package.
3.2 The Seller reserves the right to vary if necessary, the details specified in the Booking and in the event of a material variation to the Booking the Seller shall notify the Customer as soon as possible. The Seller shall use reasonable endeavours to replace the part of the Booking with one of at least a comparable standard and quality to those originally intended at no additional cost to the Customer.
3.3 The Seller shall endeavour to adhere any requested delivery times set out in the Catering/Hospitality Package wherever possible.
3.4 The Seller requires the Customer's authorised signature with corresponding printed name confirming receipt for all items delivered within the Catering/Hospitality Package. Any discrepancies must be identified at the time of delivery.
3.5 It is the Customer’s responsibility to ensure that authorised personnel be available to accept receipt of any orders at specified delivery times.
3.6 It is the Customer’s responsibility to return all hired items of equipment to the Seller and obtain a signature of safe receipt from the Seller. The Seller will charge for any damaged or non-returned equipment.
3.7 The Seller cannot be responsible in any way for equipment other than the Seller’s equipment hired by the Customer. The Seller will not be responsible for any injuries caused as a result of misuse of equipment.
3.8 The Seller’s personnel are only contracted to undertake such duties as instructed by the Seller.
4.1 The Seller reserves the right, by giving written notice to the Customer at any time, to increase the Price to reflect any increase in cost of the Catering/Hospitality Package to the Seller including but not limited to any foreign exchange fluctuation, currency regulation, alteration of duties or any cost incurred by the Seller without fault of the Seller since the issue of the Factsheet and/or invoice.
4.2 The Price shall be exclusive of value added tax and all other applicable taxes which shall be paid by the Customer. The Seller reserves the right to pass on to the Client any price increases caused by any increase in the rate of VAT and/or the introduction of any new tax on the goods and/or services to be provided to the Customer.
4.3 The Seller will make reasonable efforts to provide accurate information on the Price. In some circumstances, a Booking may be made which is outside of the period covered by the Seller's current price list. If this is the case, then the Seller will advise the Customer when the price list that covers the Catering/Hospitality Package becomes available.
5. TERMS OF PAYMENT AND CANCELATION
5.1 The Price in respect of the Hospitality/Catering Package set out in the Booking must be paid in full by the Customer at the time of booking.
5.2 Any additional fees or charges for any additional goods or services provided by or on behalf of the Seller to the Customer at the Event and/or at the Customer's request which are not included in the Catering/Hospitality Package shall be paid for in full by the Customer by an authorised credit card.
5.3 If the Seller has not received from the Customer the Price in full, in cleared funds, by the time that the Catering/Hospitality Package is to be fulfilled, or the Customer gives the Seller notice in writing of its intention to cancel the Catering/Hospitality Package (which will not be regarded as received until acknowledged by the Seller) then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to (but shall not be obliged to) cancel the Contract and suspend provision of the Catering/Hospitality Package and any further Catering/Hospitality Packages.
5.4 Where cancellation takes place within 48 hours prior to the fulfilment time for the Catering/Hospitality Package, the Customer shall be liable to the Seller for the Price in full and there shall be no refund.
6. WARRANTIES AND LIABILITY
6.1 If for any reason outside the control of the Seller (including, without limitation, due to the circumstances set out in Condition 8) the Seller is not able to fulfil the Catering/Hospitality Package (whether wholly or in part) any refunds shall be at the entire discretion of the Seller and the Customer is advised to take out its own insurance to cover such risks and associated costs.
6.2 Subject as expressly provided in these Conditions, and except where the Catering/Hospitality Package is sold to a person dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
6.3 Where the Catering/Hospitality Package is sold to a consumer, the statutory rights of the Customer are not affected by these Conditions.
6.4 Any complaints concerning the Catering/Hospitality Package must be notified to the Seller in writing as soon as reasonably practicable after fulfilment of the Catering/Hospitality Package.
7. LIMITATION OF LIABILITY
7.1 Notwithstanding anything to the contrary contained in the Factsheet or these Conditions, the Seller shall not be liable to the Customer or any third party for any indirect or consequential loss, compensation or damages (including without limitation, economic loss of any kind whatsoever, loss of revenue, loss of profits, loss of anticipated profits or savings, or damage to the Customer's reputation or goodwill) arising out of or in connection with the performance or any breach of the Contract and the maximum liability of the Seller to the Customer or any third party in aggregate for any and all claims made against the Seller in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the subject matter of the Contract shall not exceed the total amount actually paid for the Catering/Hospitality Package by the Customer to the Seller in respect of the Contract.
7.2 In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify the Seller within 14 days of the event giving rise to the claim and the Seller shall not otherwise be liable.
7.3 The Customer agrees that before bringing a claim for the same against the Seller, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of the Seller and to the extent that it is successful in recovering such sums from its insurers the Seller shall not be liable to the Customer.
7.4 Nothing in this Condition 7 shall operate to exclude liability for death or personal injury resulting from the negligence of the Seller.
8. FORCE MAJEURE
The Seller shall not be liable to the Customer or be deemed to be in breach of the Contract or these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract or to these Conditions if the delay or failure is due to any act beyond the Seller's reasonable control, including but not limited to: the Venue not being available or accessible for any reason, any Act of God, explosion, flood, tempest, pandemic, fire, accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, loss of liquor licence, strikes, lockouts or other industrial actions or trade disputes, power failure or postponement or cancellation of the Catering/Hospitality Package.
9. CUSTOMER DEFAULT
9.1 The Seller may without prejudice to any rights or remedies which it may have against the Customer defer or cancel the Contract if:
9.1.1 the Customer commits a material breach of any of its obligations under the Contract which is not capable of remedy; or
9.1.2 the Customer has committed a material breach of any of its obligations under the Contract, which is capable of remedy, but which has not been remedied within a period of 10 days following receipt of written notice to do so; or
9.1.3 the Customer enters into any compromise or arrangement with its creditors, or if an order is made or an effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of the other party's undertaking or assets; or
9.1.4 the Customer (if in business) ceases or threatens to cease to carry on its business; or
9.1.5 the Customer (if an individual) is made bankrupt.
9.2 In the event that the Contract is cancelled in accordance with Condition 9.1 the Seller shall not be under any liability to refund any part of the Price paid and following such termination the Seller shall be at liberty to supply the Catering/Hospitality Packages to any other person.
The Customer shall indemnify the Seller in full against and hold the Seller harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by the Seller as a result of or in connection with any and all acts or omissions of the Customer, its guests, employees, agents or subcontractors including but not limited to damage caused to the Venue by the Customer or its guests.
11. CATERING LOCATION CONDITIONS
11.1 The Customer is responsible for its guests and will procure that its guests comply with these Conditions (where relevant) and with any rules, licensing authorities, regulations and directions set down by the Seller and/or the Venue owner.
11.2 For the safety of the Customer, its guests and others, the Customer must follow all reasonable directions given to it by the Seller or the Sellers's agents at the Event.
11.3 The Customer will not resell or otherwise transfer or offer for sale or transfer any part of a Catering/Hospitality Package without the prior written consent of the Seller.
11.4 The Customer will not use any or part of a Catering/Hospitality Package (including, for the avoidance of doubt, any tickets for the Event) as prizes in competitions, sweepstakes, raffles, draws or for other similar commercial, promotional or charitable purposes without the Seller's prior written consent.
11.5 Where drinks are bought on a consumption basis, returns of open bottles of wine, spirits, and part kegs of draught beer and lager cannot be accepted.
11.6 A breach by the Customer of Conditions 11.1 to 11.5 shall entitle the Seller to terminate the Contract without refund to the Customer.
11.7 The Seller is a food business provider and does have allergen and food information available upon guest request, however, this information may not always be visible. Therefore, it is the Customer’s responsibility to ensure guests are informed to contact the Seller should they require any allergen information on any products provided as part of the Catering/Hospitality Package.
11.8 The Customer will inform the Seller within the Booking (or at the time of the Booking) of any and all dietary requirements of the guests that will be catered for as part of the Catering/Hospitality Package attending the Event.
11.9 The Customer will not post, tweet or otherwise share via social media any negative statement or images in relation to the Catering/Hospitality Package.
12.1 The Seller and the Customer warrant that they will take all necessary steps to ensure it operates within the requirements of the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK.
12.2 The Seller acknowledges and agrees that, in the performance of its obligations under this agreement, it shall comply with the provisions of applicable privacy laws. Subject to clause 14.8, the Seller shall not process any personal information provided or made available to the Seller by the Customer in connection with this agreement for any purpose other than that which is strictly necessary for the performance of its obligations under the agreement. Without prejudice to the foregoing the Seller shall not damage, alter or disclose any Customer information unless instructed to do so in writing by the Seller.
Both parties agree:
13.1.1 to keep confidential all information (written or oral) concerning the business and affairs of the Customer and the Seller which both parties have obtained or received as a result of the discussions leading up to or the entering into, or obtains or receives in performance of, the Contract;
13.1.2 not to disclose the information in whole or in part to any other person without the other party’s written consent, save to those of the parties employees, agents and sub-contractors involved in the performance of the obligations under the Contract on a confidential and need to know basis;
13.1.3 to use the information solely in connection with the performance of the obligations under the Contract and not for the Seller’s or Customer’s benefit or the benefit of any third party; and
13.1.4 to promptly return or destroy (at the Seller’s or Customer’s discretion or at the written request of the Seller or Customer) all confidential information in the possession of the Seller following the completion of the Catering/Hospitality Package.
14.1 The Contract is personal to the Customer and the Customer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract. The Seller shall be entitled to assign or sub-contract any of its rights, benefits and interests in or under the Contract to third parties.
14.2 Notices shall be deemed to be served on delivery when delivered by hand, on receipt of a printout confirming due transmission when transmitted by electronic mail, or 48 hours after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective party at the address made known by each party prior to entering into the Contract. If a party changes its address for notification purposes, then it shall give the other party notice of the new address in accordance with this Condition, and the date on which it shall become effective.
14.3 No waiver by the Seller of any breach of the Contract or these Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 Nothing in the Contract or these Conditions shall constitute or be construed as constituting a partnership or joint venture between the Seller and the Customer or shall authorise either party to enter contractual relationships or incur obligations on behalf of the other party.
14.5 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
14.6 If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the invalidity or unenforceability of that provision will not affect the validity or enforceability of the remainder of these Conditions and the Contract shall continue in full force and effect.
14.7 All content in or on the Seller's website and brochures (including pictures, designs, logos and text) ("Content") or otherwise is owned by or licensed to the Seller. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by the Seller in writing.
14.8 The Seller will use the data supplied by the Customer in order to inform the Customer of future events and offers. Data may be passed to other subsidiaries of CH&CO Catering Group Limited. For more information or should you object to the passing of data in this way, please contact the Seller.
14.9 This Contract sets out the entire agreement and understanding between the parties and supersedes all previous agreements and arrangements between them with regard to such transactions. The Customer acknowledges that in entering into this Contract, it has not relied on any statements or representations of the Seller not incorporated into this Contract. The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind this Contract by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in this Contract.
14.10 Any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) are expressly excluded from these Conditions to the fullest extent permitted by law.
14.11 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England, and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.