ALCC TERMS & CONDITIONS
Agreement for occupancy of any part or parts of ALCC (“the Premises”)
INTRODUCTION AND DEFINITIONS
Your contract will be with ALCC and you will be referred to hereafter as the "Client".
1. FORMATION OF THE EVENT CONTRACT AND PAYMENT TERMS
1.1 All bookings accepted by ALCC shall be based upon these Conditions which supercede and override any terms or conditions proposed or stipulated by the Client.
1.2 If the Client places a booking with which ALCC wishes to proceed, a Proposal will be sent to the Client containing details of the booking and event. The Proposal in conjunction with the technical agreement and these Conditions shall form the basis of the contract between ALCC and the Client. In the event of any conflict or inconsistency between these Conditions and the terms of the Proposal, the terms of the Proposal shall prevail. No variations shall be binding unless agreed in writing between authorised representatives of ALCC and the Client.
1.3 If the Client is satisfied, they should sign and date the Terms and Conditions and return it along with a non- refundable deposit in the following amounts: 1.3.1The deposit payable shall be calculated as the greater of 25% of the total estimated value of the event (exclusive of VAT) as per the Event Contract, or £1,500+VAT . If the total estimated value of the event is less than £1,500 + VAT the full amount must be paid to secure the booking.
1.4 A binding Contract is created on the earlier of when either the signed Event Contract or the deposit sum has been received and acknowledged by ALCC.
1.5 In the event that the deposit has not been received in cleared funds within 7 days of the date of receipt of the Event Contract by ALCC or no later than 14 days prior to the date of the event, then ALCC reserves the right to cancel the booking in which case it will be deemed to have been cancelled by the Client.
1.6 An invoice for the remaining balance of the total estimated value of the event (inclusive of VAT) shall be dispatched and payable as follows: 1.6.1 Where the booking is made less than 28 days before the date of the event an invoice will be raised based on the full estimated value of the event. This invoice must be settled in full by cleared funds no later than 14 working days before the date of the event. 1.6.2 In all other cases an invoice will be raised 28 days prior to the event, and must be settled in full by cleared funds within 14 days of the event. 1.6.3 Final payment of incidentals will be invoiced on the next working day after the event. The invoice must be settled in full by cleared funds within 14 days of the invoice date. 1.7 All prices quoted are subject to VAT at the rate in force at the time. ALCC reserves the right to alter prices on reasonable written notice to take into account any changes in the costs to ALCC of providing an event which are due to any factor beyond the control of ALCC (to include, but without limitation, any alteration in the rate of VAT, foreign exchange fluctuations or significant increases in the cost of labour, materials or other services).
2. CANCELLATION BY THE CLIENT
2.1 Where an Event Contract includes an element of room hire, and/or ALCC has contracted to supply an outsourced service such as a band or DJ (this list being by no means exhaustive and shall extend to cover any item, service or material that ALCC is thereby contracted to pay for), these elements of the Event Contract are subject to a 100% cancellation charge if the Client cancels the event or any part of the event.
2.2 Where cancellation is deemed to have been effected by the Client under clauses 1.5, 1.6, 3.1, 4.1, 4.2, 8 and/or 9, the Client shall in addition to the deposit(s) already paid, pay ALCC a cancellation fee based on the total price payable for the event as it stands at the time of cancellation under the Event Contract plus any additional items requested since the original Event Contract (making the “Total Charge”). The following list presents the sliding scale of cancellation fees payable, based on a percentage of the Total Charge and the date of cancellation in relation to the contracted date of the Event: 2.2.1 100% less than 28 working days prior to the event. 2.2.2 75% between 28 and 41 working days (inclusive) prior to the event. 2.2.3 50% between 40 and 61 working days (inclusive) prior to the event. 2.2.4 30% in excess of 60 working days prior to the event.
2.3 Cancellation of a confirmed event must be made either by letter, fax or email to ALCC. Date and time of receipt will determine the cancellation charge.
2.4 In addition to the total charge ALCC also reserves the right at all times to claim any and all losses (to include loss of revenue from catering & bar spends) caused by any cancellation and this should be noted particularly in regard to those events which have been designated as 'exhibitions' or ‘banquets’ where the revenue loss to ALCC may greatly exceed the price for the event as it stands per the Event Contract at the date of cancellation.
2.5 If cancellation charges arise by way of a cancellation, ALCC will at all times seek to mitigate its losses. Any amount mitigated will be refunded to the Client, but only after the Client has settled all cancellation sums in full in cleared funds.
3. CANCELLATION BY ALCC
3.1 ALCC reserves the right to cancel the booking if any of the following situations arise (this list is by no means exhaustive): 3.1.1 the Client becomes insolvent or subject to bankruptcy proceedings, receivership or administrative receivership. 3.1.2 the Client is in arrears or threatens to be in arrears with any payment at any time prior to the event. 3.1.3 the booking would damage ALCC’s or ALC Resources reputation, such decision to be at the sole discretion of ALCC. 3.1.4 the Client is in breach of Health & Safety legislation in any aspect of its event. 3.1.5 the Client distributes any unacceptable or unapproved promotional materials, in whatever medium they are presented. In which case, the Client will be deemed to have cancelled the booking.
3.2 Notwithstanding the situation where ALCC cancels the contract and it is deemed to have been cancelled by the Client under sections 1.5, 1.6, 3.1, 4.1, 4.2, 8 or 9, ALCC also reserves the right to cancel an event for any reason on giving 7 days written notice to the Client in which case all monies paid to ALCC by the Client will be refunded forthwith and ALCC shall have no further obligation to the Client whatsoever and vice versa.
4. GUEST NUMBERS AND ALTERATIONS
4.1 Confirmation of the final numbers attending the event and final material requirements (the "Final Figures") must be notified to ALCC at least 14 days prior to the date of the event. If the Final Figures differ from the details contained in the Event Contract, ALCC reserves the right to review and if necessary amend the Event Contract price accordingly. In the event that an extra charge is incurred it must be paid prior to the date of the event. In the event that the extra charge is not so paid then ALCC reserves the right to cancel the booking in which case it will be deemed to have been cancelled by the Client.
4.2 Any alterations after this date (i.e. 14 days prior to the date of the event) may be allowed at the sole discretion of ALCC but any additional charges must be paid in cleared funds before the date of the event. In the event that the extra charge under this section 4.2 is not so paid then ALCC reserves the right to cancel the booking in which case it will be deemed to have been cancelled by the Client.
4.3 If the Client alters the booking so that the Final Figures are lower than those contained in the Event Contract ALCC nevertheless reserves the right to charge the contracted price contained in the Event Contract. 4.4 Any additional charges incurred during the course of the event shall be invoiced on the next working day after the event. However if it is ALCC’s opinion that the client now falls in the categories explained in 3.1.1 ot 3.1.2 the additional charges must be settled by cash, credit or debit card on the day of the event.
4.5 Provisional catering numbers to the nearest 10 are required 20 working days prior to the event date, with final numbers not later than 2 working days prior to the event and these numbers must be confirmed by email or fax. This number or the actual number served, whichever is the greater, will be charged to your account.
5. LOSS AND DAMAGE
5.1 The client is responsible for taking all reasonable precautions to protect the venue, equipment, facilities or any other ALCC property. Any costs incurred by ALCC for repairs following accidental or negligent damage caused at the event will be chargeable to the client. This includes any necessary cleaning required over and above reasonable wear & tear. ALCC will take all reasonable care to protect and maintain security for client & guest property and staff but will not take responsibility for any damage or loss of client property or items before, during or after an event. The client must accept responsibility at all times. ALCC management reserves the right to terminate any event where it is satisfied that continuation will jeopardise the safety and security of staff, delegates, property or the reputation of ALCC. The Client shall ensure that no signs or other articles are attached to the walls or other surfaces. Cloakrooms can be provided upon request.
6. LIABILITY
6.1 ALCC shall have no liability to the Client for any loss of profit, special or consequential loss, expenses, costs or other claims arising out of or in connection with the provision of any goods or services pursuant to this agreement and (except in respect of death or personal injury resulting from the negligence of ALCC) the total liability of ALCC for any loss of the Client in respect of an event shall not exceed the price payable by the Client for that event.
6.2 ALCC shall not be liable for any delay in performing or failure to perform its obligations due to Force Majeure, Acts of God, industrial dispute, government regulation or intervention, restrictions on travel, acts of terrorism, delivery, equipment or utilities failure or for any other reason beyond the control of ALCC, in no event will ALCC be liable for loss of profit or consequential damage from any of these matters.
7. PREMISES REGULATIONS
7.1 No food or drinks (including food or liquid prizes, gifts, donations or such similar) may be consumed on the Premises except for the food and drinks supplied by ALCC under the Event Contract.
7.2 Full payment of the Event Contract price shall entitle the Client to use of the toilet facilities and the other public areas as designated within the Event Contract. Access is not permitted to any other part of the Premises, other than the relevant room(s), toilet facilities and the necessary access to and from the room(s).
7.3 The Client agrees to keep all gangways, passages and staircases entirely free from any temporary or permanent obstruction of any nature or sort.
7.4 The client must advise ALCC in writing of all items that are to be brought on site for the event at least 14 days prior to the event.
7.5 The Client shall be responsible for the orderly conduct of any event and shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement to any of ALCC’s operational licenses. The client is not permitted to use any part of ALCC to carry out illegal activity. ALCC management reserve the right to refuse admission or expel any person for illegal or inappropriate behaviour.
7.6 The Client and its contractors and agents working on site must adhere to ALCC's site safety conditions.
7.7 Any proposed entertainment is subject to the terms of the current ALCC entertainment license or any Temporary Event Notices in place. Any entertainment provided by the client must comply with current noise regulations and requirements. ALCC will apply for temporary alcohol licenses if requested by the client. The client should notify ALCC of intention to make alcohol available for sale a minimum of 30 days prior to the event date to enable temporary license to be obtained. No alcohol will be served after 1am under any circumstances. Persons under 18 will not be served or supplied with alcohol.
7.8 In line with The Smoke-free (Premises and Enforcement) Regulations 2006, ALCC is a no smoking venue and smoking is not permitted anywhere on site. ALCC will provide designated external areas for smokers only if agreed in writing.
7.9 Should an event exceed the hours stated and agreed in the event Proposal there may be additional charges for every hour or part thereof. ALCC generally have clearance teams organised for agreed event finish times to prepare for following events and the client will be liable for any costs incurred by ALCC due to overrunning of agreed times.
8. HEALTH AND SAFETY
8.1 Before the Client, its contractors or agents bring any equipment onto the Premises or perform any preparatory work for an event, a health & safety policy must be submitted for each party upon payment of the deposit accompanied, where requested, by a valid method statement and risk assessment of the work to be done to be . No such preparatory work may commence until the deposit has been received by ALCC in cleared funds. The Client has a statutory duty to ensure that it will operate in a safe manner on Premises, with a duty of care extending to its employees, those of ALCC and all other people who may be exposed to their operations. Each contractor will be required to demonstrate they have public and products liability insurance valid during their entire time on site to the value of no less than £2,000,000.
8.2 It is the Client's responsibility to ensure that all electrical items brought onto site carry a valid Portable Appliance Test certificate. Any items without a valid PATcertificate are not permitted to be used on site and the performance of any unsafe actions in general may lead to the cancellation of the event by ALCC in which case the Client will be deemed to have cancelled the booking. Damage or injury caused by faulty appliances or equipment brought on site by the client or any of their contractors will be the sole responsibility of the client.
8.3 ALCC requires notice in advance of any aspects of the event which may necessitate special safety or security arrangements. The organiser will be responsible for all consequential costs. Organisers should ensure provision of adequate First Aid personnel, ALCC will provide a First Aid room free of charge.
10. AGENCIES AND EVENT MANAGERS
10.1 Where an agent or event manager or similar is acting on behalf of a Client and they have formed the Event Contract with ALCC, then the agent, event manager or similar will be deemed to be the contracted party (and hence the Client) and thereby will be invoiced by ALCC in accordance with the relevant clauses of sections 1, 2 and 3. Furthermore, the agent, event manager or similar (now referred to as the Client) will be the party bound by all terms and conditions contained herein.
10.2 ALCC pays 8% commission (inclusive of VAT) on room hire only. If the contracted party is seeking such a commission claim, ALCC will raise a purchase order and settle this separately with receipt of a valid commission claim invoice which quotes and matches this purchase order.
10.3 No commission sums are allowed to be deducted from any sums payable to ALCC
under the Event Contract.
11. GENERAL
11.1 Whilst ALCC has taken all reasonable steps to make sure that brochures, tariffs, and literature are correct ALCC reserves the right to alter, substitute or withdraw any service or facility without notice.
11.2 Any waiver by ALCC of its rights under these Conditions in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same concessions in respect of any further transactions.
11.3 The law applicable to this contract is English law and both parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
