52-53 RUSSELL SQUARE TERMS AND CONDITIONS OF SUPPLY FOR VENUE HIRERS
In these terms and conditions the following words shall have the following meanings:
“the CIPR” means Chartered Institute of Public Relations who is the registered owner of the www.5253.co.uk website;
“the Customer” means the person, firm which engages the CIPR to hold the Event and provide the Services at 52-53 Russell Square, London, WC1B 4HP;
“Booking Confirmation” refers to the completed Booking Confirmation in either electronic or printed formats relating to the Event which shall be on the CIPR’s standard Booking Confirmation;
“the Contract” means the contract formed by the receipt by the CIPR Booking Confirmation returned by the Customer in accordance with clause 7 (d) below (which contract shall be subject to these terms and conditions);
“the Services” means the provision of catering services, function services and supply of Consumables;
“Consumables” means the food and drink (including alcoholic drinks) to be supplied at the Event;
“the Event” means the workshop, seminar, function, conference, meeting or other specified occasion, the date of which has been agreed by the parties and at which the CIPR is engaged to provide the Services;
“the Hire Period” means the date(s) and times specified on the Booking Confirmation;
“the Venue” means the building at 52-53 Russell Square, London, WC1B 4HP.
a) The CIPR has the sole right to the provision of the Services at the Event. The CIPR does not permit the use of any third party caterers for any Event at the Venue and no food or drink (including alcoholic drinks) may be brought into the Venue by the Customer or its guests without the prior written consent of the CIPR. Where, with the CIPR’s consent, Customers consume their own beverages, a corkage charge shall apply which shall be notified to the Customer by the CIPR at the time of giving consent.
b) All drinks are sold on a sale or return basis and the CIPR reserves the right to charge for all opened bottles, notwithstanding the fact that they have not been consumed. This shall apply notwithstanding that Consumables may be chargeable on a consumption basis at the Event.
c) When Consumables are charged on a consumption basis, the Customer shall check the opening and closing stocks of Consumables in the presence of the CIPR’s representative(s). In the event of a Customer refusing or delaying to do so, the figures recorded by the CIPR shall be conclusive.
d) It is the Customer’s responsibility to notify the CIPR of its authorised representative(s) for the Event and to ensure that all orders for Consumables are signed for by the authorised representative of the Customer. Where the Customer fails to notify the CIPR of its authorised representative(s) or orders are placed by persons other than a Customer’s authorised representative, the figures recorded by the CIPR shall be conclusive and the Customer shall be bound to pay the charges for the Services. The CIPR will not accept any adjustments to the price unless this procedure is followed.
All Consumables offered are subject to availability. Where Consumables are not available, the CIPR shall use its reasonable endeavours to offer the closest available substitute.
e) Prizes of wine, beer or spirits may not be consumed at the Venue.
f) No unconsumed Consumables may be taken from the Venue following any Event irrespective of whether the Customer is liable to pay any charges for such Consumables.
3. Numbers Attending
a) The Customer shall confirm in writing the expected numbers attending not less than 2 working days (excludes Saturday, Sunday and Bank holidays) prior to the Event and where catering has been requested, final catering numbers (“Final Number”) no less than 5 working days prior to the Event.
b) Services will be based on the Final Number or the number actually attending, if greater. If the CIPR provides the Services for any number less than the Guaranteed Minimum Number, the CIPR’s charge to the Customer based on the Guaranteed Minimum Number previously advised will nevertheless apply in full. Whilst the CIPR shall use its endeavours to supply Consumables and seating (where appropriate) for numbers in excess of the Final Number where requested, it provides no guarantee that Consumables for numbers in excess of the Final Number will be supplied.
c) The Maximum Capacity of each room at the Venue is stated on the Booking Confirmation. In order to comply with Fire regulations, under no circumstances may the Maximum Capacity for any room be exceeded.
d) The Customer agrees to commence the Event promptly at the time agreed with the CIPR and to ensure that those persons present at the Event vacate the room designated for it at the time stated on the Booking Confirmation. Without prejudice to the foregoing, unless otherwise specified at the time of booking or otherwise agreed by the CIPR in advance in writing, the Customer shall ensure that all persons present at the Event (including without limitation all guests, Customer representatives, and third party service providers) have left the Venue and removed all equipment and belongings brought into the Venue for the purposes of the Event by no later than the agreed date as stated on the Booking Confirmation or in subsequent correspondence from the CIPR.
e) The Customer shall ensure that those attending the Event are ready to be served their food at the time agreed and that meals and breaks are completed within any pre-agreed time period.
f) The Customer agrees to reimburse all reasonable expenses incurred by the CIPR resulting from the Customer’s breach of its obligations hereunder including (without limitation) any additional payments to staff.
g) The CIPR reserves the right to re-allocate function rooms due to circumstances beyond its reasonable control. If the Final Number is significantly greater or less than the expected numbers advised at the time of booking the CIPR shall be entitled to allocate a more appropriate room of its choice. The CIPR shall discuss any re-allocation with the Customer when the decision is being made and will advise the Customer of any re-allocation as soon as reasonably possible.
a) The Customer will ensure that the Event will not be conducted, and that its guests and third party service providers will not behave, in a way which will or may constitute a breach of the law or cause a nuisance or be an infringement of any premises license held at the Venue. The Customer shall ensure that no person under the age of 18 is supplied with alcohol at the Event and the Customer accepts that staff at the Venue shall be entitled to demand evidence of age documentation from any person who appears to them to be under the age of 18.
b) The CIPR reserves the right to exclude or eject any persons from the Event if it appears to the CIPR that any such person may be engaging in any undesirable activities that are deemed to be contrary to the best interests of the CIPR. This includes persons who are intoxicated and causing a nuisance to others or who are taking or dealing, or otherwise, in any illegal substances. The Customer will be liable for any liability arising thereby and shall indemnify the CIPR accordingly save where the Customer establishes negligence or bad faith by the CIPR.
c) The Customer is required to provide the CIPR with a full guest list and details of all personnel being employed by any third party supplier in connection with the Event not less than 2 working days prior to the Event, in surname alphabetical order, for security purposes. The Customer shall ensure that all such persons have consented to their names being provided to the CIPR.
d) The Customer shall take full responsibility for its guests and third party suppliers in ensuring that no-one shall use any other part of the Venue save the areas that have been booked by the customer (other than for gaining access to and from the toilet facilities).
e) For reasons of Health & Safety, animals are not permitted in the Venue with the exception of registered guide dogs.
f) There is no access to the Venue prior to 08.00 on the date of the Event unless otherwise agreed by the CIPR in writing.
g) It is the responsibility of the Customer to ensure that all guests and third party suppliers comply with these terms and conditions.
5. Use of Contractors for Entertainment
a) Should the Customer wish to hire a performing band, live act or other form of entertainment for the Event, the Customer shall:
(i) Obtain the CIPR’s prior written permission to such entertainment and the contractor and equipment to be used;
(ii) Only hire a performing band, live act or other entertainment that has public liability insurance to the value of £1 million to cover any death or injury to any of the CIPR’s employees or any third party and/or any loss or damage to the CIPR’s or any third party’s property resulting from the performers’ acts or omissions and/or any malfunction of their equipment; and
(iii) Indemnify the CIPR for any claims brought against the CIPR by its staff and/or any third party for breach of contract, negligence or other tortious liability as a result of the performing band’s, live act’s or other entertainer’s acts or omissions or performance including, without limitation, any claims in an Employment Tribunal.
6. Clearing of Venue and damage
a) At the end of the Hire Period the Customer shall remove from the Venue anything that the Customer has brought into the Venue for the purposes of or in connection with the Event and shall ensure that all rooms used are clear, undamaged and free from rubbish (other than that properly disposed of in any receptacles provided for that purpose). The Customer shall be responsible for ensuring that no loss or damage to the Venue or any fixtures, fittings or other equipment at the Venue shall be caused by the Customer or any of its representatives, guests or third party suppliers, whether caused during set-up of the Event, the period of operation of the Event or during any break-down of the Event.
b) If, in the opinion of the CIPR, the Customer has failed to comply with clause 6(a) above, the CIPR may, in place of the Customer but at the Customer’s expense, do all that is necessary to comply with that clause including, without limitation, carry out any cleaning (which cleaning shall be subject to a minimum charge of £250 plus VAT). Clearance from the Venue of vomit, confetti and party string will always incur such a minimum charge.
c) Nothing may be glued, pinned, nailed or otherwise stuck to any of the walls, fixtures or fittings in the Venue.
7. Charges and Payment
a) All charges for the Services will be the charges quoted by the CIPR at the time of booking (subject to any adjustment in accordance with these terms and conditions) or where no charge is quoted, the charge listed in the CIPR’s published price list at the date of acceptance of the Customer’s booking.
b) All charges are subject to Value Added Tax at the current rate.
c) All payments are required in pounds Sterling.
d) The CIPR requires a non-refundable deposit payable at the time of the Customer’s booking, such deposit being equal to 50% of the total estimated cost for the Event (the “Deposit”). The balance of the total estimated cost shall be payable no later than 2 weeks prior to the start of the Hire Period. Notwithstanding any acceptance by the CIPR of the Customer’s booking, it will not be considered confirmed and the CIPR shall have no liability in respect of such booking unless the designated Deposit has been paid in full and the Booking Confirmation has been returned to the CIPR with these terms and conditions signed by the Customer by the date set out on the Booking Confirmation. Allowing time for payment of the amounts due is of the essence. Notwithstanding the foregoing where the commencement of the Hire Period is less than 10 working days from the date of the Customer’s booking, the full amount of the total estimated cost for the Event shall be payable at the time of booking.
e) The Customer shall pay the balance of any charges over and above the amounts due pursuant to clause 7(d) above within 30 days of invoice date. The CIPR reserves the right to charge interest on overdue accounts at a rate of 2% above the base rate for the time, being per calendar month or part thereof.
f) All queries relating to amounts invoiced must be notified in writing to the CIPR within 7 days of the date of receipt of the Event invoice failing which the Customer shall be deemed to have accepted that the charges on such invoice are due and owing.
g) If the Customer fails to make payment of any charges on the due date then, without prejudice to any other rights or remedy available to the CIPR, the CIPR shall without liability to the Customer, be entitled to cancel the Event and the provision of the Services and any orders for future Events or Services from the Customer and charge the Customer for any charges outstanding and the cost of recovery thereof.
8. Cancellation by the CIPR
a) The CIPR reserves the right to cancel an Event and the provision of the Services without liability to the Customer if:-
(i) the Venue or part of the Venue has to be closed for reasons beyond the CIPR’s reasonable control. In such circumstances the CIPR shall notify the Customer as soon as reasonably possible to facilitate the Customer in making alternative arrangements. Where the Event is cancelled by the CIPR due to reasons beyond the CIPR’s reasonable control, the CIPR shall refund to the Customer a fair and reasonable proportion of the Deposit paid by the Customer;
(ii) the Customer is in arrears with any payment due to the CIPR;
(iii) without prejudice to clause 8 (a) (ii) above, the Customer is in breach of any of these terms and conditions (whether or not amounting to a material or repudiatory breach) and, where such breach is remediable, fails to rectify such breach within 7 days (or such shorter period as may reasonably be stipulated by the CIPR) of request so to do by the CIPR; or
(iv) the Customer becomes (or the CIPR has reasonable grounds to believe that the Customer will become) insolvent or enters into liquidation or receivership or is subject to any similar process or is unable to pay its debts or (being an individual) is adjudicated bankrupt or dies.
9. Cancellation by the Customer
a) The Customer shall be entitled to cancel a booking by written giving notice to the CIPR but subject always to the provisions of this clause 9. A confirmed booking shall only be treated as having been cancelled when the CIPR actually receives written notification of the cancellation.
b) In the event of cancellation by the Customer up to 1 month prior to the commencement of the Hire Period the Customer shall forfeit the Deposit. However if the CIPR is able to re-sell the relevant part of the Venue booked for the Event the CIPR shall return to the Customer 50% of the Deposit paid by the Customer.
c) In the event of cancellation by the Customer they will be subject to the following cancellation terms and charges:
a) The CIPR shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of the CIPR’s obligations in relation to the Event and/or the Services if such delay or failure is due to any cause beyond the CIPR’s reasonable control (including, without limitation, regulations, byelaws, prohibitions of any kind on the part of any governmental or local authority, strikes, or other industrial or trade disputes, accidents due to natural causes, national or local disasters, flood, fire, accident, sabotage, insurrection, civil disturbance, war, acts of terrorism or the threat of war or terrorism, or any event causing the whole or part of the Venue to be closed to the public).
b) The CIPR does not accept liability for loss or damage to any object, equipment, furniture, stock or other property of any sort brought onto the Venue by the Customer or hired by the CIPR on the Customer’s behalf, howsoever such loss or damage may occur unless as a direct result of the CIPR’s negligence. All such property will remain under the care and control of the Customer and is entirely at the Customer’s own risk.
c) The costs of repairing any damage caused to the property, contents or grounds of the Venue by the Customer or any of its guests/delegates, representatives or third party suppliers (whether caused during set-up of the Event, the period of operation of the Event or during any break-down of the Event) must be reimbursed to the CIPR by the Customer and the Customer shall indemnify and keep indemnified the CIPR accordingly.
d) The CIPR shall have no liability to the Customer for any loss of profit, loss of business, contract, goodwill or reputation (in each case whether such loss is direct or indirect) or for any consequential or indirect loss to the Customer arising out of or in connection with the Event and/or the provision of the Services pursuant to the Contract. Except in respect of death or personal injury resulting from negligence of the CIPR, its servants or agents, the total aggregate liability of the CIPR for any loss of the Customer arising out of or in connection with the Event and/or the provision or non-provision of the Services shall not exceed the charges payable by the Customer to the CIPR pursuant to the Contract.
e) The Customer shall be liable for any loss, damage, personal injury or death arising out of or in connection with the Event, except to the extent that any of the same is caused by the negligence of the CIPR, its servants or agents and the Customer shall indemnify the CIPR against any claim brought against the CIPR in relation to any such matters.
The Customer shall be responsible for the entire risk of damage to or loss at the Venue or any part thereof except to the extent that any of the same is caused by the negligence of the CIPR. If the numbers of attendees to the Event exceeds 25 people then The Customer shall take out, before the Event and maintain during the Hire Period, comprehensive insurance (including, without limitation, in respect of public liability with an amount per claim of not less than £5 million) with respect to its liabilities under these terms and conditions and shall produce satisfactory evidence of such insurance to the CIPR on demand and in any event not less than 2 weeks in advance of the commencement of the Hire Period.
a) The Customer will not use the names “CIPR” or “CIPR Events” in any of its advertising or publicity for the Event without the prior written approval of the CIPR.
b) The CIPR reserves the right to refuse a booking, without giving a reason. Bookings that are for an Event that replicates, contradicts or conflicts in any way, with existing training or events provided by the CIPR will automatically be rejected on this basis.
c) Any booking constitutes a legally binding contract formed between the Customer and the CIPR once, the written confirmation from has been received by the Customer.
d) No variation to these terms and conditions shall be effective unless agreed in writing and signed on behalf of the CIPR and the Customer.
e) Any notices to be given under these conditions must be given in writing and delivered personally or sent by pre-paid recorded delivery or registered post or by facsimile to the addresses of the parties stated on the front page of these terms and conditions.
f) All quotations issued by the CIPR and all bookings for any Event are subject to these terms and conditions, which shall prevail over any conditions offered by the Customer or subject to which the Customer purports to make any booking for an Event.
g) The Customer may not assign, transfer or sub-contract its rights and/or obligations under the Contract without the prior written consent of the CIPR.
h) If the term “the Customer” includes more than one person then those persons shall be jointly and severally liable under the Contract.
i) These terms and conditions shall be governed and construed in accordance with English Law and each party agrees to submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising if the Event runs contrary to the ethics and policies of the CIPR.