Terms & Conditions
1.1 In these terms and conditions, which form the contract, the following words shall have the following meanings:-
"Appendix" means the detailed appendix (or event schedule) attached to these terms and conditions which set out in detail the specific requirements of the Event;
“Client” means the company, firm, body, agent or person booking, taking responsibility and authorised to organise the Event;
"Conditions" means these terms and conditions which apply to all event bookings at the Hotel (as hereinafter defined);
"Contract" means these terms and conditions herein contained as well as those contained in the Appendix;
“Event” means the event (including, but not limited to, the accommodation, services and other facilities provided by the Hotel venue) booked by the Client, further details of which are set out in the Appendix and any proposed change to the Event shall be at the complete discretion of the Hotel;
"Event Manager" means the Hotel's Event Manager, or representative allocated to the Event by the Hotel;
“Hotel” means the Hotel specified in the Appendix;
“Minimum Guaranteed Number” means the number of guests and / or delegates for the accommodation and / or event as specified in the Appendix;
“Price” means the price provided for services specified in the Appendix;
“Revenue” means the revenue anticipated by the Hotel in respect of the Event and any other facility or service which has been booked by the Client in connection with the Event, including an estimate by the Hotel for beverage consumption throughout the Event;
1.2 This Contract is created upon the Hotel accepting the Client's confirmation of Event booking and issuing the Contract to the Client for signature.
1.3 The Conditions contained in the Contract shall supersede any other terms and conditions (whether or not inconsistent with the Conditions) and whether such Conditions are in writing or are implied by custom, practice or course of dealing. For the avoidance of doubt, the Conditions shall also supersede over any other conditions previously published by the Hotel in respect of any Event bookings.
2. Event Numbers
2.1 The Client shall confirm final numbers for the Event to the Event Manager as stated in clauses 2.2 and 2.3 hereof
2.2 Meeting and Conference final guest and / or delegate numbers shall be confirmed no later than five working days prior to commencement of the Event.
2.3 Weddings, special events, private dinners and dances, guest numbers shall be confirmed no later than 14 days prior to the commencement of the Event.
2.4 If final numbers are less than those confirmed under clauses 2.2 and 2.3, then a cancellation charge will apply.
2.5 If final numbers increase over those previously confirmed to the Event Manager, the Client will be charged accordingly for these additional guests.
2.6 Should the number of guests and / or delegates attending the Event significantly increase or decrease then the Hotel reserves the right (upon providing at least three working days' notice to the Client) to provide alternative accommodation and space of an appropriate size for the Event within the Hotel.
2.7 The Client shall provide the Event Manager with a written rooming list providing details of all guests and / or delegates for overnight accommodation no later than 14 days prior to the event.
2.8 Any unnamed / unconfirmed bedroom allocations will be released from booked allocation 14 days prior to the event.
2.9 Minimum numbers shall be dictated by each Hotel. Minimum numbers refer to adults only, children will be charged for accordingly and in addition to the set adult minimum numbers cost.
3. Accommodation – Bedrooms and event rooms
3.1 Bedroom accommodation shall be in standard rooms unless otherwise specified at the time of booking; supplementary charges will apply to superior and executive accommodation. This will be detailed in the pricing quoted in the Appendix.
3.2 Check in at the Hotel is available from 3.00pm on the day of arrival and bedrooms must be vacated by 11.00am on the day of departure, unless specific alternative arrangements have been agreed with the Hotel. Unless pre-arranged in writing the Hotel cannot guarantee early check in to the Hotel. Unauthorised extension beyond these times shall entitle the Hotel to impose additional charges.
3.3 Event rooms, bedrooms and suites booked for the Event are available from the times specified in the Appendix and any extension beyond these times shall entitle the Hotel to impose additional charges.
3.4 In the event that the Hotel does not have the number and types of rooms available at the Hotel on the dates required for the Event, the Hotel reserves the right (without any liability) to relocate the Event to an alternative Hotel of a similar standard.
3.5 If a particular room which has been booked by the Client is unavailable at the Hotel on the required dates, the Hotel reserves the right (without any liability) to relocate the Client to an alternative room of a similar standard within the Hotel.
3.6 The Hotel reserves the right to accept more than one event on a particular day. If the Client wishes to obtain exclusive use of the Hotel for their Event, this will be detailed in the appendix and will be arranged for an additional charge. This exclusive use however will not prevent the Hotel sales staff from showing around other potential guests should this be the case
4. Payment terms and credit accounts - Meetings and conferences
4.1 The Hotel reserves the right to amend the price upon written notice to the Client in order to reflect any change in cost (including but not limited to changes in VAT and import / export duties and seasonal fluctuation in any costs associated with the Event).
4.2 Prices quoted in all quotations are valid for twelve months from date of quotation. In some instances pricing has been set for the future, however the Hotel cannot guarantee these prices, however shall be happy to provide an indication to the best of its ability.
4.3 The Client shall make all payments due under the Contract in pounds sterling and within 14 days of the date of the relevant invoice or request for payment.
4.4 A credit account may be applied for up to 28 days prior to the event and, if accepted, will be confirmed to the Client in writing by the Hotel. For the avoidance of doubt, credit accounts are given at the absolute discretion of the Chief Executive or Finance Director.
4.5 The Hotel reserves the right to amend or withdraw credit facilities at any time and / or require payment of the price or any other amount due in full or in part, upon written notice to the Client if, in the Hotel's professional assessment, the Client's credit worthiness has deteriorated.
4.6 If the Client fails to pay any amount due under the contract on the due date, the Hotel may charge interest at an annual rate of 5% above the base rate for the time being of Clydesdale Bank for the period from the due date up to and including the date of receipt.
4.7 The Client shall notify the Hotel of any disputed amounts within 5 working days of the date of the invoice or request for payment. The Client shall pay the undisputed amount within 14 days of the date of the invoice. The disputed amount may be withheld until the dispute is resolved but shall bear interest as set out in clause 4.8 if found to be due.
4.8 All payments by the Client to the Hotel shall be made without deduction or set off.
4.9 Invoices shall be sent to the address and be marked for the attention of the person(s) noted in the detailed appendix. The Client shall notify the Hotel of any change to the billing address or addressee as soon as reasonably practicable.
4.10 The Client shall provide the Hotel (if no credit account is agreed) with credit card details at least 14 days before the event to cover and secure the cost of any additional charges that may be incurred from the event.
4.11 If the Client requires any additional services or facilities whilst at the Hotel, that are excluded from the Appendix, the Client will immediately inform the Event Manager who shall ensure that these additions are charged accordingly. The Client’s signature and confirmation of payment of these extras will be required.
4.12 If, subject to the provisions of Clause 4.13, the Client is not an approved credit account customer of the Hotel the following provisions apply:
4.12.1 The Client shall pay to the Hotel a deposit of 25% of the revenue at the time of confirming the Event booking.
4.12.2 The Client shall pay the balance and any additional cost incurred by the Hotel in connection with the Event at least 14 days prior to the date of the Event.
4.12.3 Payment terms on occasion will be relaxed for charity events; this however will be agreed in writing and at the discretion of the Chief Executive or Finance Director.
4.13 Weddings, special events, private dinners and dances
4.13.1 The Client shall pay to the Hotel a non-refundable deposit at the time of confirming the Event booking.This deposit will be deducted from the final outstanding balance for payment provided the Event goes ahead.
4.13.2 The Client shall pay to the Hotel an additional non-refundable deposit of 50% of the revenue at least three months before the Event. This additional deposit will be deducted from the final outstanding balance for payment provided the Event goes ahead.
4.13.3 The Client shall pay the full balance and any additional cost incurred by the Hotel in connection with the Event no later than 14 days before the Event.
4.13.4 Should the overall revenue of the Event increase significantly after the initial deposit has been paid, the Hotel may request an additional deposit be paid prior to the Event.
5. Outside and third party contractors
5.1 The Hotel reserves the right to refuse any external entertainment, services or activities that the Client may have arranged and does not accept any liability for the acts or omissions of any party employed by the Client in connection with the Event.
5.2 The Client shall (and shall ensure that all third parties employed by the Client) comply at all times with all Hotel rules and regulations (whether statutory or otherwise), and any reasonable requests of the Hotel, including policies on noise, and/or any external activities associated with the event. Please note that the Hotel Rules and Regulations include a prohibition on the use of fireworks.
5.3 The Client shall ensure that these Hotel rules and regulations are brought to the attention of all third parties employed in connection with the Event.
5.4 Should there be any breach of these rules and regulations the Hotel has the right to immediately and without notice stop all activity associated with the Event until the Hotel is fully satisfied that any breach of the rules or regulations has been remedied in full to the Hotel’s satisfaction.
5.5 The Hotel can (if required) provide the Client with a detailed list of external suppliers which the Hotel currently work with. The Hotel at no time will accept any liability for these external suppliers or services provided by them, this will be left at the discretion of the Client to confirm with them directly.
6.1 The Hotel shall be responsible for applying for any additional or exceptional licence extensions, consents or permits should these be required in connection with the Event, provided the Client gives a minimum of 40 days notice of their exact requirements to allow such licence applications to take place. The Client will meet any reasonable costs associated with such additional applications. The Client shall not be entitled to cancel or postpone the Event on the basis of an unsuccessful application.
6.2 The Client shall (and shall ensure that all third parties employed by the Client) comply with the terms of all licences, consents and permits (including any conditions that may be attached thereto) and any decision or recommendation by the Licencing Standards Officer or other licencing, environmental or entertainment authority.
7.1 Unless specific security arrangements have been made in writing with the Hotel, the Hotel accepts no responsibility or liability for any loss or damage to property of the Client, delegates and / or guests or any third parties employed by the Client beyond that provided for in the Hotel Proprietors' Act 1956 (as may be amended from time to time). The Client should note that some event rooms within the Hotel cannot be locked and that the Client shall be responsible for informing its delegates and / or guests of this prior to the Event and to ensure that reasonable security measures have been taken.
7.2 Security can be arranged by the Hotel with adequate prior notice. This will be charged at an additional charge.
7.3 Any items including but not limited to monies, gifts, vouchers, cards, packages, exhibition or display stands etc delivered or brought to the Hotel shall remain the full responsibility of the Client. The Hotel will accept no responsibility whatsoever for any such items
8. Fire, health and safety
8.1 The Client shall (and shall ensure that all third parties employed by the Client) comply at all times with all fire, electrical, health and safety regulations (whether statutory or otherwise) including (but not limited to) the Fire (Scotland) Act 2005.
8.2 The Client shall ensure that any materials brought into the Hotel (e.g. exhibition stands and stage sets) are so far as possible made of nonflammable materials, that fire exits are kept clear at all times, and where a fire exit sign will be obscured, the Client shall ensure that appropriate temporary signs are erected to the Hotel’s complete satisfaction.
8.3 Any electrical contractors must be registered and if required the Client shall provide the Hotel with written evidence of this.
8.4 The Client shall provide the Hotel with a list of names of all visiting contractors and third parties if so requested by the Hotel.
8.5 The Hotel reserves the right to evacuate the Hotel in the event of a fire alarm and / or other emergency irrespective of whether it is a genuine emergency or not, in order to protect all guests and staff and in this event, the Hotel will not accept any liability for any delays or disruption to any Event.
8.6 The Client shall obtain prior written approval from the Hotel if the Client or any third party employed by the Client wishes to fix items to the walls, floors and ceilings or to use smoke machines, lasers, cracked oil, dry ice or any form of pyrotechnic.
8.7 Where motor vehicles will be used and / or displayed in connection with any event, the Client shall (and shall ensure that all third parties employed by the Client in this regard) comply with the following provisions:
8.7.1 The vehicle shall not contain any fuel of any nature and the vehicle's battery shall either be removed or disconnected prior to the vehicle entering the Hotel building;
8.7.2 The vehicle including its tyres will be satisfactorily clean;
8.7.3 Access times that have been agreed with the Hotel shall be strictly adhered to; and any appropriate oil drip trays are used.
8.8 Should any damage occur whatsoever with a vehicle being in the Hotel, then the Client shall be fully responsible for settling any invoice for the damage.
9. General cancellation policy and information
9.1.1 The Hotel reserves the right without prejudice to cancel the Event (or any part thereof) if;
9.1.2 The Client fails to adhere to any of these terms and conditions which form the Contract;
9.1.3 In the opinion of the Hotel, there has been a significant change in the Client’s contracted booking (including, but not limited to reduction in days and / or accommodation);
9.1.4 The Client becomes insolvent or enters into liquidation administration or receivership;
9.1.5 The Hotel is not satisfied with the Client's credit status or payment terms, unless pre-agreed credit has been agreed and authorised in writing by the Hotel in advance of the Event;
9.1.6 In the opinion of the Hotel, the Event might prejudice the reputation of the Hotel;
9.1.7 If the Hotel, or any part of it or its facilities, is closed or damaged due to circumstances beyond its control;
9.1.8 The Hotel is requested to cancel the Event by any government or other authority;
9.1.9 In the event of cancellation by the Hotel for any reason, the Hotel will refund any advanced payment(s) made and will have no further liability for the Event whatsoever;
The Event will be considered cancelled by the Hotel only when written notification regarding the Event has been provided by the Client to the Hotel and a written receipt has been provided for such cancellation by the Event Manager at the Hotel. If an Event is cancelled, the Hotel shall have the right to impose a cancellation charge ("cancellation charge") which shall be calculated as a percentage of the event revenue as detailed below;
Meetings and conferences cancellation policy
9.2 At no point will the deposit be refunded (with the exception of a cancellation being made by the Hotel)
9.3 For a cancellation received within 3 months of the proposed date the charge will be 50% of the anticipated revenue associated with the Event
9.4 For a cancellation within 2 months or less of the proposed date the charge will be 75% of the anticipated revenue associated with Event
9.5 For a cancellation within 1 month or less of the proposed date the charge will be 100% of the anticipated revenue associated with Event
9.6 If any event should cancel then an invoice will be issued for the full cancellation charge applicable. This invoice shall be paid in full no later than 28 days after notification of cancellation.
9.7 Any guests and / or delegates who do not arrive for the Event or depart early will be charged at 100% of their respective revenue.
Weddings, special events, private dinner and dances cancellation policy
9.8 At no point will the deposit be refunded and any deposits will not form part of any cancellation charge (with the exception of a cancellation being made by the Hotel)
9.9 For a cancellation received within 12 - 6 months of the proposed date the charge will be 50% of the Revenue associated with the Event
9.10 For a cancellation received within 6 - 3 months of the proposed date the charge will be 75% of the Revenue associated with the Event
9.11 For a cancellation within 3 months or less of the proposed date the charge will be 100% of the Revenue associated with Event
9.12 Where any Client changes the proposed date for a Wedding, special event, private dinner or dance then the full cancellation charges and policy will apply unless otherwise agreed in writing by the Chief Executive or Sales Director
9.13 Where any Client cancels any Wedding, special event, private dinner or dance after they have had written confirmation allowing them to change their date then full cancellation charges will apply as per the original date of booking.
9.14 If any Client cancels an Event then an invoice will be issued for the full cancellation charge applicable. This invoice shall be paid in full no later than 28 days after notification of cancellation.
9.15 The Client will be charged for any guests and / or delegates who do not arrive or depart early.
10.1 The Hotel is not liable to the Client in contract, (including negligence or breach of statutory duty) for misrepresentation or otherwise for any of the following losses or damages, whether direct or indirect, and even if such losses and / or damages were foreseen, foreseeable or known, or the Hotel was advised of the possibility of them in advance:
10.1.1 Loss of business opportunity;
10.1.2 Loss of anticipated savings;
10.1.3 Loss of goodwill; or
10.1.4 Any indirect, special or consequential loss or damage whatsoever caused.
10.2 The entire liability of the Hotel under, or in connection with the contract, whether for negligence, breach of contract, misrepresentation or otherwise, is limited in respect of each event or series of connected events to the Price.
10.3 Nothing in this contract shall operate to exclude or restrict either party's liability for:
10.3.1 Death or personal injury resulting from negligence; or fraud or deception.
10.4 The Client shall indemnify and keep indemnified the Hotel from and against all claims, actions, damages, liabilities and costs (including professional fees) arising out of the acts or omissions of the Client or any guest and / or delegate of or third party employed by the Client, save to the extent that any such claim arises as a result of the negligence of the Hotel, its employees or agents.
10.5 The Hotel will not be held liable for any changes made to the Event unless these changes are confirmed back to the Client in writing by the Hotel or an amendment has been made in writing to the Appendix
11.1 The Client shall not (and shall ensure that all guests and / or delegates and third parties do not) permit any goods, services or any other matter capable of being sold (including, but not limited to, tickets) to be sold within the Hotel's premises without the prior written approval of the Hotel.
11.2 Should any delegates and / or guests of or third parties employed by the Client behave in a manner that is considered unacceptable to the Hotel, the Hotel reserves the right to immediately remove such party from the premises and / or terminate the Contract. In this event, no monies will be refunded to the Client.
11.3 The Client shall pay for the cost of repairing any damage caused to the property, contents or grounds of the Hotel by the Client and / or any guests, delegates or third parties employed by the Client.
11.4 The Client shall not (and shall ensure that all guests and / or delegates and third parties employed do not) use the name, logo or any details of the Hotel for any matter, or permit external food or beverage to be brought into the Hotel without the prior written approval of the Hotel.
11.5 If any provision of this Contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Contract, which shall remain in full force and effect.
11.6 If any provision of this Contract is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
11.7 A person who is not party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. The clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that act.
11.8 This Contract constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the parties relating to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
11.9 No variation or alteration of any of the Contract shall be effective unless it is agreed in writing and signed by or on behalf of the Client and the Hotel.
12. Force Majeure
12.1 "Force Majeure Event" means any circumstance beyond the control of the Hotel including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power, delays by suppliers, material shortages, or unsuccessful licensing applications but, for the avoidance of doubt, nothing shall excuse the Client from any payment obligations under the Contract except where the Hotel terminates the Contract in terms of Clause 12.2 hereof.
12.2 If the Hotel is prevented or hindered from hosting the Event by a Force Majeure Event, the Hotel may, at its sole discretion, and without being liable for any loss or damage suffered by the Client or guests and / or delegates of or any third party employed by the Client re-locate the Event to another Hotel, or terminate the Contract forthwith by giving notice to that effect to the Client.
12.3 This Contract shall be governed by Scottish Law and the parties to this Contract submit to the jurisdiction of the Scottish courts.
12.4 The Hotel will only take instruction to modify the Appendix from the Client or any other pre-approved representative who signs the Contract.
12.5 The Client confirms that they have read and fully understood all 4 pages of the Contract along with the Appendix.
12.6 The Contract should only be signed by a person(s) who is authorised to sign either on behalf of an individual or a company. Failure to comply with this will result in the signatory being held personally liable for any charges.
12.7 Where the Contract relates to a Wedding, the Contract must be signed by both the bride and groom to be, who shall be jointly and severally liable for the obligations contained herein.
12.8 The Contract must be signed, dated and returned to the Hotel no later than 14 days after issue to ensure confirmation of the Event. Until the signed Contract has been returned the Event shall not be confirmed by the Hotel and the date(s) could be potentially sold to other interested parties or Clients.
12.9 The Client, by signing this Contract is entering into a legally binding contract with the Hotel.
12.10 Where more than one individual signs the Contract, they shall be jointly and severally liable for the obligations contained herein.