Terms and Conditions
CONTRACT FOR THE PROVISION OF CONFERENCE & BANQUETING
(NON-MATCH DAY) FOR INDIVIDUAL CLIENTS
Terms and Conditions Last updated: 21st March 2020
Unless the context requires otherwise, any reference in these terms and conditions to:
1.1. “Booking” means a booking made by you using a Booking Form for us to provide you with Services for the Event;
1.2. “Booking Form” means the booking form setting out the details of your Booking and the Services to which these terms and conditions are attached;
1.3. “Charges” means the sums which you have agreed to pay for the Services as set out on the Booking Form together with any additional sums which you agree to pay us in connection with the Event;
1.4. “Clause” means the relevant clause of these terms and conditions;
1.5. “Client”, “you” or “your” means the company, person or other legal entity making the Booking as set out on the Booking Form;
1.6. “Contract” means the contract between us and you for the provision of the Services for the Event comprising these terms and conditions, the Booking Form and the Event Planner;
1.7. “Deposit” means the sum which you will be required to pay by way of deposit if you make a Booking 30 days or more prior to the Event Date (as described in Clause 8.1). In these circumstances, the amount of the Deposit will be set out on the Booking Form;
1.8. “Entertainment” has the meaning given to it in Clause 7;
1.9. “Event” means the function, conference, meeting, party or other occasion in respect of which the Services are to be provided;
1.10. “Event Area” means the rooms or locations within the Venue at which the Event is to be held and as set out on the Booking Form;
1.11. “Event Date” means the date of the Event, as set out on the Booking Form;
1.12. “Event Planner” means the document stating your detailed requirements for the Event as agreed between us and you after a Booking has been made;
1.13. “Final Number” has the meaning given to it in Clause 5.2(c);
1.14. “Force Majeure Event” has the meaning given to it in Clause 11.1;
1.15. “Guests” means any person attending the Event as your guest. The number of Guests attending the Event will be determined in accordance with Clause 5;
1.16. “Minimum Number” has the meaning given to it in Clause 5.1;
1.17. “Sales Channels” means e-mail, phone or fax or any other sales channels which we may make available to you;
1.18. “Services” means the provision of the Event Area to you for the purposes of holding the Event together with any additional services which are either set out in the Booking Form or which we agree to provide to you;
1.19. “Venue” means Murrayfield Stadium; and
1.20. “We” “our” or “ refers to Elior UK PLC trading as The Murrayfield Experience, the official Hospitality Provider to Murrayfield Stadium or its successors or assignees.
2. The Contract
2.1. You may contact us through any of the Sales Channels to express an interest in making a Booking. Having contacted us, we will discuss your requirements for the Event with you and will complete a Booking Form for you. We will then send the Booking Form to you together with: (a) these terms and conditions; (b) any other documentation or information relevant to your Booking; and (c) a payment request for either the Deposit or the total Charges (as determined in accordance with Clause 8.1).
2.2. Following receipt of a completed Booking Form, you may then make a Booking by signing and returning the Booking Form to us. This constitutes an offer by you to purchase the Services for the Event detailed in that Booking Form in accordance with the Contract.
2.3. No Booking will be considered to be accepted and the Contract will not be binding on us until we have received a signed Booking Form and you have made payment of either the Deposit or the total Charges (as determined in accordance with Clause 8.1) or you have received written confirmation from us that a credit facility is in place. At the point at which we receive a signed Booking Form and your payment of either the Deposit or the total Charges (as determined in accordance with Clause 8.1) or we have confirmed that a credit facility is in place, then your Booking will be accepted and the Contract will be binding on us. Each Booking accepted by us will be deemed to be an individual legally binding Contract.
2.4. Please note that we will be entitled to refuse any Booking without giving any reason and without incurring any liability to you or any third party.
2.5. All description, representations, illustrations and other particulars furnished or made orally by us or in any trade literature or price lists issued by us are given for general information only and you agree that you are not entering into the Contract in reliance upon any such description, representation or other particular.
2.6. All content in or on our website and/or brochures (including pictures, designs, logos, text and other materials) are owned or controlled by or licensed to us. Copyright trademarks and other intellectual property rights protect all content and unauthorised use of this content is prohibited.
2.7. These terms and conditions will apply to and be incorporated into the Contract and will prevail over any inconsistent terms or conditions contained, or referred to, in any correspondence with you or documentation provided by you or implied by trade custom, practice or course of dealing. Your standard terms and conditions (if any) attached to, enclosed with or referred to in the Booking Form or otherwise will not apply to the Contract.
2.8. These terms and conditions are without prejudice and in addition to any terms and conditions set out on or otherwise applying at the Venue including the ground rules for Murrayfield Stadium. A copy of the ground rules for Murrayfield Stadium can be found at www.scottishrugby.org and are available from the ticket office at Murrayfield Stadium. We strongly recommend that you check these.
3. Our Obligations
3.1. We will supply the Services to you with reasonable skill and care and in accordance with the Contract.
4. Your Obligations and the Conduct of you and your Guests at the Event
4.1. You agree that you will:
(a) co-operate with us in all matters relating to the Services and, in a timely manner, provide us with any information we may reasonably require to provide the Services to you and your Guests (including the Event Planner;
(b) comply with all lawful and reasonable directions regarding the provision of the Services or the conduct of you or your Guests at the Venue which are communicated to you from time to time by us or our duly authorised representatives and you will ensure that your Guests are notified of those directions and will also comply with them at all times;
(c) whilst in attendance at the Venue, comply and ensure that your Guests will comply with: (i) all health and safety laws and regulations and any other regulations; and (ii) any security, safety and other codes of practice or conduct applicable at the Venue and notified to you by us or our duly authorised representatives;
(d) not damage, nor permit any of your Guests to damage or deface the Venue in any manner whatsoever nor allow or permit a breach of the law;
(e) ensure that nothing will be done which may in any way cause a nuisance or be an infringement of any licence for the playing of music in public or the sale of alcohol;
(f) not and will ensure that each Guest will not bring into the Venue or consume within the Venue any food or drink (whether alcoholic or otherwise) which has not been provided by us;
(g) not and will ensure that each Guest will not bring into the Venue any dangerous chemicals, substances hazardous to health or machinery without our prior written consent;
(h) not resell, advertise or market the Services in any manner whatsoever without our prior written consent which may be withheld at our absolute discretion;
(i) not and will ensure that your Guests will not use the right to receive the Services or to attend the Event as a prize in a lottery, competition or for any other promotional or advertising purposes unless expressly authorised in writing by us; and
(j) not and will ensure that your Guests will not introduce or attempt to introduce any signage, company branding, product sampling or other publicity material into the Event or onto the Venue without our express prior written consent which may be withheld at our absolute discretion.
4.2. You acknowledge that smoking is prohibited within all parts of the Venue (including all areas of Murrayfield Stadium). Failure to comply with this prohibition is a criminal offence punishable by a fixed penalty fine.
4.3. Please note that we reserve the right to refuse admission to or eject from the Venue any person (including any Guests) whose conduct is likely to or is considered likely to:
(a) breach these terms and conditions;
(b) cause damage to the Venue or its fixtures or contents or any other property within the Venue; or
(c) cause offence or distress to any other person present at the Venue. 5
5.1. The Booking Form will set out the minimum number of Guests that you have agreed will attend the Event (the “Minimum Number”).
5.2. We recognise that your plans may change and so you may need to ask us to alter the number of guests you expect to attend your event. If you wish to do this then you must ask us in writing at least 7 clear days before the Event. Whether or not we will be able to accommodate this request is at our discretion and we make no guarantees that we will be able to do so. If we are able to accommodate your request then we will confirm this to you. You agree to the following:
(a) If you wish to increase the number of guests attending the Event then you will have to pay additional charges in respect of those additional Guests;
(b) If we have agreed to increase the number of Guests attending the Event and you have paid additional charges for those Guests and you later wish to reduce the number of Guests attending the Event then you may be entitled to a refund in accordance with the provisions set out in Clause 5.4 below (subject to the Minimum Number);
(c) You must notify us at least 7 clear days before the Event of the final number of Guests who will attend the Event (the “Final Number”). We will not be able to accommodate any requests to alter the Final Number; and
(d) We will not be liable to provide the Services in respect of any guests who attend the Event in excess of the Final Number.
5.3. Without limiting any of your obligations set out in Clause 4 or elsewhere in the Contract, where you have placed the Booking in respect of Guests, you agree to be fully responsible for the conduct of all Guests and ensure that they comply with these terms and conditions (where relevant) and any rules, regulations and directions notified to you by or on behalf of us or the proprietor of the Venue. In particular, you and your Guests acknowledge and agree to comply with Clauses 4.1(b), 4.1 (c), 4.1 (d), 4.1(e), 4.1(f), 4.1 (g), 4.3 and 4.4. You acknowledge and agree that any breach of these terms and conditions by any Guest will be deemed to be a breach of these terms and conditions by you and we will be entitled to take action accordingly against you.
5.4. If we agree to accommodate your request to reduce the number of Guests pursuant to Clause 5.2(b) then we may provide you with a refund subject to the remainder of this Clause 5.4. This refund will be calculated as the amount equal to the total Charges that you have paid us in respect of those Guests who are no longer attending the Event subject to the following conditions:
(a) We will not provide you with a refund unless you have asked us to reduce the number of Guests you expect to attend the Event at least 7 clear days before the Event and we have agreed to this; and
(b) The Final Number must not fall below the Minimum Number. If the number of Guests who actually attend the Event is less than the Minimum Number then you will still pay for such Minimum Number of Guests. Any refund will only apply to any Guests in excess of the Minimum Number; and
(c) Any refund payable under this Clause 5.4 will be payable in accordance with Clause 8.9.
Worked Example A
You make a Booking with the minimum number of Guests who will attend the Event set at 100. The cost per Guest is £100 meaning that the total Charges you pay are £10,000 (£100 x 100). You notify us 14 days before the Event that only 90 Guests will attend. You will not be entitled to a refund in respect of the 10 Guests who are no longer able to attend because the minimum number of Guests you have agreed will attend the Event is 100.
Worked Example B
You make a Booking with the minimum number of Guests who will attend the Event set at 100. The cost per Guest is £100 meaning that the total Charges you pay are £10,000 (£100 x 100). You notify us that you wish to add Guests to the Event and pay for an additional 20 Guests to attend (£2,000 (£100 x 20). You notify us 5 days before the Event that only 100 Guests will attend. You will not be entitled to any refund in respect of the 20 Guests who are unable to attend because you did not notify us at least 7 clear days before the Event.
Worked Example C
You make a Booking with the minimum number of Guests who will attend the Event set at 100. The cost per Guest is £100 meaning that the total Charges you pay are £10,000 (£100 x 100). You notify us that you wish to add Guests to the Event and pay for an additional 20 Guests to attend (£2,000 (£100 x 20). You notify us 14 days before the Event that only 90 Guests will attend. We will provide you with a refund of £2,000 (£100 x 20 (Guests who are no longer attending above the minimum number)). You will not be entitled to a refund in respect of the remaining 10 Guests who are no longer able to attend because the minimum number of Guests you have agreed will attend the Event is 100. 5.5. Please note that the examples set out above are included for illustrative purposes only. The figures specified are purely hypothetical and used to demonstrate the application of Clause 5.4.
6. Car Parking
6.1. If the Minimum Number or Final Number is 50 or more Guests then we will be required to hire a parking attendant to work at the Event. We will charge you for the costs we incur in doing so. This charge will be set out on the Booking Form under ‘Other Charges’ or otherwise notified to you and will comprise part of the Charges.
7.1. We will, at your request, book any production company, performers, musicians or other live act (“Entertainment”) and any equipment which you require for the Event on your behalf. We will charge you the costs we incur in doing so. These charges will be set out on the Booking Form under ‘Other Charges’ or otherwise notified to you and will comprise part of the Charges.
7.2. You may also, at your own cost, book any Entertainment and equipment which you require for the Event yourself provided that you obtain our prior written consent to do so. Where we have given our prior written consent subject to you complying with certain obligations or conditions, you agree to comply with these obligations or conditions as a term of the Contract. In addition, notwithstanding the fact that we have given our consent to you booking any Entertainment for the Event, you agree to ensure that the Entertainment has public liability insurance to the value of at least £2 million to cover any death or injury to any person or the loss or damage to any property resulting from the malfunction of any equipment used by the Entertainment or from any of their acts or omissions. You agree to provide us with a copy of this insurance on request.
8.1. At the time of booking, we will either:
(a) confirm your credit terms; or
(b) issue you with a payment request which will be calculated as follows:
8.1.b.1. If you make a Booking 30 days or more prior to the Event Date, the payment request will be for the Deposit and payable immediately in order to confirm your Booking in accordance with Clause 2.3. We will then send you a further payment request for the remainder of the Charges due prior to the Event Date and you will pay this payment request within 14 days of receipt;
8.1.b.2. If you make a Booking less than 30 days prior to the Event Date, the payment request will be for the total Charges. You will pay this payment request within 14 days of the date of receipt.
8.2. Without prejudice to any other right or remedy we may have, if you do not pay the remainder of the Charges as described in Clause 8.1.b.1 by the due date for payment, we will be entitled to cancel your Booking in which case you will forfeit your Deposit, and we will have no liability to you or any Guest for any loss or damage suffered as a result of such cancellation.
8.3. Without prejudice to any other right or remedy that we may have, we will be entitled to charge interest on any sums not paid on the due date at the rate of three percent (3%) per annum above HSBC Bank plc’s base rate, to accrue (both before and after judgement) on a daily basis from the date that payment becomes overdue until the date on which we receive payment together with all interest that has accrued.
8.4. If you require credit facilities for payment of the Charges, you must complete and return a credit application form, which is available on request. Credit facilities must be requested prior to confirmation of the Booking being issued to you and will be given at our and subject to such terms and conditions asmay be notified by us to you. We reserve the right to require payment of the Charges in accordance with the provisions of this Clause 8 if terms and conditions for the provision of credit facilities for the Charges are not agreed prior to confirmation of the Booking.
8.5. You will pay all Charges under the Contract in pounds sterling and any cheques should be made payable to Elior UK PLC.
8.6. If you pay by credit or debit card the card will be debited at the time of payment, and you irrevocably authorise us to charge to your debit or credit card (as appropriate) any Charges which you incur in respect of the Event and which remain unpaid at the conclusion of the Event.
8.7. Notwithstanding any other Clauses in these terms and conditions and unless otherwise agreed in writing by us, you will pay the Charges in cleared funds before the Event Date.
8.8. Unless otherwise stated the Charges are exclusive of VAT which will be added to the invoice at the prevailing rate.
8.9. The only circumstances under which we will pay you a refund are set out in Clauses 5.4 and 9.3. If we are required to pay you a refund under either of these Clauses then we will agree this with you in writing and pay you the refund within 28 days of doing so.
9.1. If you wish to cancel a Booking, you must notify us of this in writing. In these circumstances, we will not provide a refund to you of any Charges which you have paid us and in addition:
(a) if you cancel the Booking less than 7 days prior to the Event Date, you will pay us any outstanding Charges based on the Final Number;
(b) if you cancel the Booking between 7 and 13 days prior to the Event Date, you will pay us any outstanding Charges based on the Minimum Number;
(c) if you cancel the Booking between 14 and 28 days prior to the Event Date, you will pay us 50% of the total Charges based on the Minimum Number;
(d) if you cancel the Booking between 29 and 56 days prior to the Event Date, you will pay us either: (i) 30% of the total Charges based on the Minimum Number; or (ii) £1,000, whichever is the greater amount; and
(e) you will be responsible for any and all charges incurred by either us or you in cancelling any Entertainment, any parking attendant hired under Clause 6.1 or other third party supplier of services booked for the Event.
9.2. We will be entitled to cancel a Booking if:
(a) any authority with power to prohibit access denies access to the Venue; or
(b) we can not provide the Services in accordance with the Contract due to any Force Majeure Event.
9.3. If we cancel a Booking under either Clause 9.2(a) or (b) then we will refund you any Charges you have paid us in accordance with Clause 8.9 (less any reasonable costs which we have incurred at the date we cancel the Booking).
10. Our Liability
10.1. All warranties, conditions and other terms which are not expressly stated in the Contract (including, without limitation, those implied by statute or common law) are, to the fullest extent permitted by law, excluded from the Contract.
10.2. Nothing in these terms and conditions limits or excludes our liability for:
(a) death or personal injury resulting from our negligence;
(b) any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation; or
(c) any liability to the extent that it cannot be excluded or limited by law.
10.3. Subject to Clause 10.2:
(a) we will not be liable under or in connection with the Contract or the provision of the Services for any indirect or consequential losses or damages, loss of profits, loss of business, loss of goodwill, loss of contract, loss of anticipated savings or any similar losses, whether arising from breach of contract or delict/tort or negligence or breach of statutory duty or in any other way; and
(b) our liability under or in connection with the Contract or the provision of the Services, whether arising from breach of contract or delict/tort or negligence or breach of statutory duty or in any other way, will be limited to a sum equal to the Charges in aggregate. You are advised to take out your own insurance cover to cover any risks and associated costs incurred by you in excess of a sum equal to the Charges in aggregate.
10.4. Any and all property or personal belongings brought into any Venue by you or any Guest will be at your or the relevant Guest’s sole risk. We will not be responsible or liable for any damage to or loss of any property or personal belongings of you or any Guest however that loss or damage is caused except where that damage or loss is caused by our negligence or other breach of duty.
10.5. If performance of the Services is prevented or delayed or otherwise hindered in any way by any act or omission of you or any Guest, we will not be liable for any costs, charges, losses or expenses incurred by you or any Guest as a result of such non-performance or delay.
11. Events Beyond Our Reasonable Control
11.1. We will not be liable for any delay in performing or failure to perform our obligations under the Contract as a result of any cause or circumstances beyond our reasonable control (“Force Majeure Event”) (including, without limitation, war, act of terrorism, riot, malicious damage, fire, explosion, storm, flood, act of God, accident, epidemic, pandemic, shortage of labour, strikes, lockout or industrial disputes, or any statute, byelaw, order, regulation or requisition made or issued by any Government department or local or other duly constituted authority). You are advised to take out your own insurance cover to cover any such risks and associated costs.
12.1. We may assign, transfer or otherwise delegate the Contract or any of our rights or obligations under the Contract to any third party at any time without your consent. You may not assign, transfer or otherwise delegate the Contract or any of your rights or obligations under the Contract to any third party without our prior written consent.
12.2. All notices will be made in writing or sent by fax to the address of the other party last known to the sender. Any fax notice will not be effective until the sender has received confirmation of a satisfactory receipt of successful fax transmission.
12.3. This Contract can only be amended if the amendment is in writing and signed by or on behalf of both us and you.
12.4. No failure or delay by either party to exercise any right or remedy provided under the Contract is to constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy is to preclude or restrict the further exercise of that (or any other) right or remedy.
12.5. If any provision of the Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect:
(a) the legality, validity or enforceability in that jurisdiction of any other provision of the Contract; or
(b) the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Contract.
12.6. Nothing in the Contract is intended to or is to operate to create a partnership or joint venture of any kind between us and you or to authorise you to act as our agent. You will not have authority to act in our name or on our behalf or otherwise to bind us in any other way.
12.7. This Contract will be governed by and construed in accordance with the law of Scotland and both parties agree to submit to the exclusive jurisdiction of the Scottish Courts as regards any claim, dispute or matter arising out of or in connection with the Contract or its implementation or effect.
12.8. To allow us to address any concerns in a timely manner, any comments or complaints must be made by you in writing, and sent to The Murrayfield Experience, Murrayfield Stadium, Edinburgh, EH12 5PJ.