-THE BIRCHES – TERMS AND CONDITIONS
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About these Terms and Conditions
These Terms and Conditions (the “Conditions”) form the whole of our ‘Agreement’ with you.
In these Conditions ‘we’ and ‘us’ means the Construction Industry Training Board (Registered Charity Number
264289) known as ConstructionSkills; ‘you’ means the individual or organisation who makes a Booking under
these Conditions; ‘Additional Item’ means food, drink and any other item for consumption or use in connection
with Venue Hire; ‘Accommodation’ means accommodation at our Bircham Newton premises; ‘Booking’ means
a request by you to book Accommodation, and/or Venue Hire and/or order Additional Items from us; ‘Date’
means the date of arrival and/or hire; ‘Guest’ means an individual who is your guest; ‘Equal Opportunities and
Diversity Policy’ means our policy to ensure that no individual receives less favourable treatment than any other
on the grounds of sex, race, colour, nationality, ethnic origin, religion/belief, age, marital status, sexual
orientation, political belief, disability, irrelevant offending background or for any other reason which cannot be
objectively justified; ‘Price’ means the Accommodation and/or Venue Hire and/or Additional Item price (as
applicable); ‘Venue Hire’ means the hire of a function room at our Bircham Newton premises.
These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to
the exclusion of any other terms and conditions.
Booking
You may make a Booking in person or by telephone.
A Booking shall be regarded as an offer by you to book Accommodation and/or, Venue Hire and/or Additional
Items under these Conditions.
As soon as reasonably practicable you shall provide us with any special requirements you and/or your Guests
may require particularly with regard to diet, mobility and access.
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3.1
Confirmation
Acceptance of your offer will take place on sending you written confirmation of your Booking. Our acceptance of
your Booking brings into existence a legally binding Agreement between us.
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4.1
Accommodation
You and/or your Guests may check-in at any time from mid-day on the day of arrival. If you and/or your Guests
have not checked-in by 4.00 pm, we are entitled to re-let the room unless you have notified us beforehand that
you and/or your Guests will be arriving late. On departure, you and/or your Guests must vacate the room(s) and
check-out by no later than 10.00am. Failure to do so will entitle us to charge for an additional night.
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5.1
Venue Hire
Should you wish to use the services of an external contractor for electrical and audio-visual equipment:
5.1.1 All such equipment must be maintained in an efficient state, in efficient working order and in good repair
and comply with the applicable legal,and regulatory safety standards in force on the Date;
5.1.2 Evidence that such equipment has been tested and inspected in accordance with legal and regulatory
requirements must be made available to us immediately on request;
5.1.3 We may, at our sole discretion, require that any such equipment shall not be used, and if we think fit, may
require such equipment to be removed from our premises; and
5.1.4 You shall indemnify us fully against all claims, costs, expenses, losses, damage or liability arising due to
the act or omission of any such external contractor or use of such equipment on our premises.
You and/or your Guests must not use video cameras during any events whilst live or recorded music is being
played unless you provide us with a valid video licence. (Please visit www.videolicence.co.uk for further
information).
5.2
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6.1
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6.3
Price
Prices are available on request and include Value Added Tax.
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7.1
7.2
Payment
For Accommodation you are required to make payment in full by credit/debit card at the time of Booking.
For Venue Hire:
7.2.1 You are required to pay a deposit at the time of Booking (the ‘Deposit’). The Deposit amount is as
advised to you at the time of Booking. You will be required to provide details of a valid debit or credit card
and irrevocably authorise us to charge that card with the Deposit amount or provide us with a cheque for
the Deposit amount.
7.2.2 The Deposit is non-refundable and shall be included as part of any cancellation charge.
7.2.3 A further £100.00 will be added to your Booking to cover any supplementary charges and/or cost of
rectifying damage to our property caused by you and/or your Guests. In the event such charges and/or
costs;
7.2.3.1 exceed £100.00 we shall seek to recover the additional amounts from you;
7.2.3.2 do not arise we shall refund the full £100.00 to you;
7.3.2.3 are less that £100.00 we shall refund the remaining amount to you.
7.2.4 Total payment must be received at least 21 days prior to the Venue Hire Date. If you fail to make such
payment and have not otherwise cancelled your Booking in accordance with these Conditions then we
Value Added Tax will be added to all taxable supplies at the current rate.
We reserve the right to alter Prices at any time and without notice up to the time of Booking or where your
Booking is made in a different calendar year to the year of the Accommodation and/or Venue Hire Date. After
such time Prices may only be altered to reflect a change in the rate of Value Added Tax or any other tax or for
any other reason outside our control. In such an event, the revised changes will be notified to you in writing and
you will be given the option to cancel the Booking without cost or to accept the revised charge.
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8.1
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reserve the right to cancel your Booking and charge you a cancellation charge equal to 100% of the total
Booking Price.
7.2.5 If the Venue Hire Date is within 21 days of the Booking date you will be required to make payment in full at
the time of Booking.
Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to
cancel the Agreement and retain the Deposit if applicable.
No payment shall be deemed to have been received until we have received cleared funds.
All outstanding charges must be paid on departure.
All cheques are to be made payable to the Construction Industry Training Board.
Cancellation by you
If you wish to cancel the Booking for Accommodation and/or Venue Hire then you must do so in writing. Your
cancellation shall be effective from the date we receive such notification and the cancellation charges set out in
clause 8.2 below shall apply and be due immediately.
If you wish to cancel a Booking (other than for Accommodation) and your cancellation is received:
8.2.1 36 days or less before the Date, a cancellation charge equal to 100% of the total Booking Price shall
apply.
8.2.2 Between 48 and 37 days before the Date a cancellation charge equal to 75% of the total Booking Price
shall apply.
8.2.3 Between 72 and 49 days before the Date a cancellation charge equal to 50% of the total Booking Price
shall apply.
8.2.4 Between 96 and 73 days before the Date a cancellation charge equal to 25% of the total Booking Price
shall apply.
If you wish to cancel an Accommodation Booking and your cancellation is received:
8.3.1 21 days or more before the Date, a full refund will be given;
8.3.2 between 7 and 20 days before the Date a cancellation charge equal to 50% of the Accommodation Booking
Price shall apply;
8.3.3 6 days or less before the Date a cancellation charge equal to 100% of the Accommodation Booking Price
shall apply.
Where you have already provided or do provide us with details of your valid debit or credit card, you irrevocably
authorise us to charge such card with the applicable cancellation charge as calculated in accordance with
clauses 8.2, 8.3 and 7.2.2.
Cancellation by us or Relocation
We reserve the right at any time to vary or cancel your Booking for Venue Hire. In such an event you have the
right to accept any alternative arrangements that we may offer you or cancel the Booking and receive a full
refund.
In the unlikely event that we do not, for any reason have the required number and types of rooms available in
accordance with the confirmed Accommodation Booking, we reserve the right to relocate you to an alternative
hotel of a similar standard in the same locality. The extra and reasonable accommodation expenses incurred for
equivalent accommodation (for the first night only) shall be at our discretion, which will normally be exercised in
favour of you and be borne by us. The acceptance of this obligation (which will not release you of the obligation to
pay us the relevant Price) shall be in lieu of all other liabilities or obligations, which are hereby expressly
excluded.
Rules, Policies and Procedures
It is your responsibility to bring these Conditions to the attention of your Guests.
You agree to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees
or any third party by the conduct, act or omission of you and/or a Guest.
You and your Guests shall be required to comply with all rules, policies and procedures in place at our premises
including but not limited to statutory requirements as to registration, health and safety and security procedures
and our Equal Opportunities and Diversity Policy.
We reserve the right to refuse you and/or a Guest entry to our premises if, on arrival, we reasonably consider that
you and/or a Guest is under the influence of drink or drugs, is unsuitably dressed or is behaving in a threatening,
abusive or otherwise unacceptable manner.
We reserve the right to require you and/or a Guest to leave if he/she is causing a disturbance, annoying other
guests or our staff or is behaving in a manner we deem to be unacceptable
Where the behaviour of you and/or a Guest is likely to cause offence to other guests, our staff, our neighbours or
to any member of the general public you and/or your Guest must comply with all requests to modify such
behaviour. If you fail to comply with such requests we may terminate the Agreement with immediate effect and
you and your Guests shall be required to leave our premises immediately. We shall not be liable for any refund or
compensation in such circumstances.
Dogs are not allowed on our premises unless their presence is to aid or assist their owner and they are registered
for that purpose.
Children who are 16 years old or less must be supervised by an adult at all times.
You and your Guests are not allowed to bring food or alcohol on to our premises without our prior written consent.
Liability
Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.
Subject to clause 11.1 we shall not be liable to you:
11.2.1
For any indirect, special or consequential loss of any nature whatsoever; or
11.2.2
For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any
administrative inconvenience or disappointment.
Subject to clause 11.1, our liability to you in contract, tort or otherwise is limited to the total Booking Price.
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We accept no liability for any reliance placed upon the contents of our literature or advertisements. Although every effort has
been made to ensure the accuracy of information contained within such literature and advertisements, we do not accept
responsibility for any errors or omissions and reserve the right at our sole discretion to alter, amend, vary, supplement or
cancel any of the information or offers featured in our literature and advertisements at any time.
We shall not be liable for any loss or damage caused to your or a Guest's vehicle on our premises unless caused by our wilful
misconduct.
We shall not be liable to you and/or a Guest for any loss or damage to property caused by an event outside our reasonable
control (including the misconduct or negligence of another guest) or where you and/or a Guest remains in exclusive charge
of the property concerned. You and your Guests are recommended to have insurance to cover cancellation, amendment,
curtailment and loss, damage or theft of baggage, personal effects and money.
We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this
Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation
strikes and other industrial disputes, breakdown of systems or network access, failure of power or machinery, failure of or
interruption in externally provided services and utilities, flood, fire, explosion or accident) and we shall be entitled to a
reasonable extension of time for performing such obligations.
Data Protection
By making a Booking you consent to our processing the personal data you provide for the purposes set out in clause 12.3.
Where you provide us with an individual’s personal data you warrant and represent that you do so with their consent and that
you have informed them of our identity and the purposes set out in clause 12.3 for which their personal data will be
processed.
We may use the personal data you provide for the purposes of administration; statistical analysis; customer services and
keeping you and/or a Guest informed of our products and services and those of third parties which we think may be of interest
to you (if you and/or a Guest do not wish to be contacted in this way you and/or a Guest can contact us at any time). We may
need to share such personal data with service providers for these purposes.
We may disclose personal data in order to comply with a legal obligation.
General
Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you
against any and all monies owed by you to us under this or any other contract.
A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart
from that Act.
The headings in this Agreement shall not affect its interpretation.
If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability
to you) the validity and enforceability of any other part of the Agreement will not be affected.
The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall
have exclusive jurisdiction to resolve any disputes between us.
How to contact us
Should you have any comments or complaints in respect of your booking please bring them to our attention
during your stay in order that any matters can be resolved quickly and directly.
You can contact us by telephone on 0800 2800 343; by fax on 01485 577588 or by post to The Birches,
ConstructionSkills, Bircham Newton, King's Lynn, Norfolk PE31 6RH. Our reception hours are 0800 - 1700
Monday to Thursday and 0800 - 1600 Friday excluding public holidays (in England and Wales).
10/10/08
I the undersigned have read and understood the attached binding contract and will apply to all terms
and conditions that are set out.
Addition to Terms & Conditions – No food items that have been prepared by the Birches are
permitted to be removed from the premises, this is due to Health & Safety legislation. Any left over
food items will be disposed off by staff in the correct manner in line with our procedures.
Signed………………………………………………….. Date …………………….
Name …………………………………………… Date of Event ………………….
(Printed)
On behalf of Company ……………………………………………………………..