TERMS & CONDITIONS DEFINITIONS AND INTERPRETATION
AGREEMENT means the Booking Form, these Terms and Conditions and any other additional terms and conditions agreed to or put in place by the business Owners for the purposes of giving effect to the purpose of the agreement between the Owner and the Client.
ARRIVAL DATE means the date indicated on the Booking Form for arrival.
Arrival Time means the time indicated for arrival on the Booking Form.
BALANCE means the amount indicated on the Booking Form as the balance which shall be the difference between the Deposit and the Total Cost.
BALANCE PAYMENT DATE means the date indicated on the Booking Form by which the Balance must be paid.
BOOKING FORM means the booking form prepared by the Owners and signed by the Client.
CLIENT means the person, persons, corporate entity or other body entering into the Agreement with The Owner.
CONTRACTOR means any person engaged by or on behalf of the Client to come to the Premises to undertake any task whatsoever.
DEPOSIT means the deposit indicated on the Booking Form which in all cases shall be non-refundable and a minimum amount of 30% of the Fee.
FEE means the total fee indicated on the Booking Form as payable for the duration of the stay. Owners means J.J Eveleigh & N.K Eveleigh of Eveleigh Events or their transferees or assignees from time to time.
PREMISES means East Barton Farm (or location where the luxury tent has been erected) (excluding staff and private accommodation) situated at East Barton Farm, Horwood, Bideford, Devon, EX39 4PE.
PREMISES LICENCE means any licenses applicable to any regulated activities at The Premises from time to time.
SECURITY DEPOSIT means the security deposit indicated on the Booking Form to cover any damage and any other deductions that are deemed necessary by the Owner after the Client has left the Premises which is payable at least 2 weeks prior to the Arrival Date.
Total Cost means the total cost for the rental of the Premises as indicated on the Booking Form. 2
TERMS & CONDITIONS means these terms and conditions as may be amended and varied from time to time without notice.
BOOKINGS No booking shall be confirmed until (i) the Client has returned a signed Booking Form (ii) the Client has paid the Deposit and (ii) The Owner has acknowledged by email receipt of the signed Booking Form and receipt of the Deposit. The terms of the Booking Form and the Terms & Conditions form the entire agreement.
The Client undertakes to provide accurate and complete information.
PAYMENTS All payments must be made at the times and in the manner set out in the Booking Form.
Booking Deposits are payable at the time of signing and returning a Booking Form by BACS transfer. All Balances must be paid by the Balance Payment Date and shall in all cases be adequate to ensure that the Total Cost has been received by the Owners. Failure to comply with payment terms may result in the Owner cancelling the booking.
LATE PAYMENTS Interest will accrue on any payments received or due after the Balance Payment Date (or any other payment date as agreed). Interest will be charged at 10% above the base rate as advertised by Barclays Bank PLC from time to time and as determined by The Owner in its absolute discretion.
CANCELLATION All cancellations must be made in writing (with a copy email to The Owners) and can only be made up to two months before the Arrival Date. Any purported cancellation within two months of the Arrival Date shall not be valid and the Client shall remain liable to pay the balance in full on or before the Balance Payment Date. The Owners will attempt to re-sell any cancelled date. If the Owners succeed in selling the cancelled date(s) for the same or greater sum than the Total Cost to be paid by the Client they may consider refunding some or all of the monies paid to the Owners by the Client. In the event that the date(s) are sold for a lesser sum then the difference may be deducted from any sums that the Owners decide to refund to The Client. If the Owners do not sell the date at all then no refund shall be made of any sums received. The Owners will use their reasonable endeavours to sell the cancelled date(s). In the event that the Client cancels the Booking for any reason whatsoever or the Booking is cancelled due to The Client’s failure to pay any outstanding sum after the Owner has given notice in writing as set out below. The Booking Deposit is not refundable at any time and any other sums paid are only refundable in the event that the Owner can sell the available dates as set out below. If the Client does not pay any sum by its due date The Owner may at any time thereafter give notice in writing to The Client of its intention to cancel The Booking. If The Client does not pay that sum within 7 days of receipt of such notice The Booking will be cancelled in which case The Client will remain liable to pay The Owner all sums due and owing as at the date of cancellation. If the Owner fears that the Client will breach any terms of this agreement or cause damage to the Property of the Owners or has other good cause to cancel the Agreement, the Owner may cancel the booking by notice in writing to the Client at any point.
CONTRACTORS All Contractors employed by the Client to provide services at/on the Premises/date must be approved by the Owner if not chosen by the Owner and names and numbers of each Contractor given to the Owner. All Contractors must hold public liability insurance cover of at least 5 million. Copies of which must be provided at least two weeks prior to the event. The Client will ensure that all Contractors comply with the Client obligations herein and any failure to do so will result either in removal of the Contractor from/on the Premises/date or refusal to allow the Contractor access to the Premises on such date. Contractors must comply fully with all current Health & Safety legislation and/or any other safety requirements of the Owner. Contractors are fully responsible for keeping and leaving the area used by them in a clean, tidy and safe condition. In the event that this is not done to the reasonable satisfaction of the Owner, the Owner will employ professional cleaning contractors to carry out the work and the original Contractor and/or the Client will be responsible for paying their costs. Catering Contractors must agree with the Owner (if applicable) where they will operate and locate any equipment so that the Owner may liaise with third parties/venues etc.
Entertainment Contractors must agree with the Owner (so that the Owner may liaise with third parties/venues etc) the location and positioning of their mobile units.
DAMAGE & LIABILITY The Client and/or their Contractors are liable for any and all damage caused by them and/or by the Client’s Guests to the apparatus and other contents/props/vehicles etc howsoever caused. The Owner shall take a refundable Security Deposit as set out in the Booking Form. Any and all deductions from the Security Deposit are at the absolute and sole discretion of the Owner in accordance with the paragraph set out below.
SECURITY DEPOSIT The Owners shall specify the level of Security Deposit required for each booking in the Booking Form. It shall be at the Owners discretion to determine what deductions (if any) should be made from the Security Deposit for damages to the Premises/props/vehicles etc or for any loss or damage to the contents of the Premises/props/vehicles howsoever caused. The Owners undertake to return the Security Deposit within 3 weeks of the Departure Date but in cases where the level of damage and related costs need further time to determine the costs The Owner shall keep the Security Deposit for however long it is necessary to determine such costs.
CONDITION OF THE PREMISES The Client shall ensure that the Premises/props/vehicles etc are handed back to the Owner in a satisfactory condition. The Owner may charge for costs incurred if this condition is not complied with and such costs will be deducted directly from the Security Deposit. All bottles, cans, cardboard boxes and other items brought to the Premises must be recycled or disposed of prior to the Departure Time. Recycling must be taken to a recycling centre. All rubbish to be placed in the bins provided. Any recycling or rubbish not properly disposed of or removed from the Premises shall be charged at £1 each item. Any items left at the Premises by the Client, any Contractor or any guest of the Client shall be retained for a period of 2 weeks. After that the Owners may dispose of such property as if it has been left as rubbish to be disposed of.
BANDS, DJ’S & CONTRACTORS Bands and DJs are permitted provided that The Client has made the Band or DJ aware of these Terms & Conditions and provided their insurance documents confirming £5m PLI. If a band or DJ exceeds any noise restrictions placed upon them by The Owner or the agents or staff or contractors of The Owners, then the activity may be terminated and/or the equipment of the relevant Contractor that is causing or is likely to cause a breach may be removed and stored safely until the event is over. All Contractors must remove all waste and rubbish that result from their attendance and operation at the Premises. Failure to do so will lead to a deduction from the Security Deposit of £200.
THE OWNERS LIABILITY The Owners are liable for death or personal injury caused by its negligence or that of its managers or staff but not otherwise (for the avoidance of doubt any person that is paid directly or indirectly by the Client or other person for work undertaken at the Premises shall not be construed as an employee or other officer of the Owners and their act or actions shall not form the basis of any claim to be made against The Owner or Owners). The Owners confirm that they have and will maintain adequate public liability insurance and adequate insurance for The Premises and its contents.
5 Where The Premises and/or its grounds are hired by a Client under a consumer transaction (as defined in the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Client are not affected by the Agreement. The Owner will not accept liability for any loss, damage, injury, death or any consequential loss arising as a result of acts or omissions by the Client, its guests or Contractors before, during or after an event or function and The Client will indemnify The Owners against any loss damage liability expense or costs incurred by The Owners as a result of any claim demand or proceedings threatened or instituted against The Owners for personal injury or loss or damage to property and arising directly or indirectly from any act or omission of The Client, its guests or its contractors during their use of The Premises and/or its grounds.
RECOMMENDATIONS & SUPPLIERS If the Owner recommends to or arranges for the Client any supplier or other person for the provision of goods or services at the Premises/venue/event, the Owner accepts no responsibility for the quality, reliability or effectiveness of any such goods or services provided. The Owner is not the employer of any persons. The Client accepts that it is their responsibility to pay any supplier or contractor in accordance with the terms on which they engaged them and to settle any invoices in the manner agreed with such supplier.
FORCE MAJEURE The Owner will not be liable if The Premises and/or grounds for which props/vehicles etc are to be placed are unusable or are inaccessible on the date(s) booked as a result of any bad weather or unforeseen and unavoidable event or circumstance beyond the control of The Owner in each case.
INSURANCE The Owner advises The Client to purchase insurance against, (i) Damage for which they are liable under Damage & Liability above, (ii) Third party liability of £5 million to cover death or injury to anyone attending or assisting their event or function for which they otherwise may be liable or (iii) the cancellation of their event or function as a result of bad weather or other unforeseen and unavoidable events or circumstances.
MAXIMUM CAPACITIES The Premises are restricted in their maximum capacities. The maximum capacity for seating is 120.
ARRIVAL BY HELICOPTER The Client or their guests are welcome to arrive to their chosen location (if possible) by helicopter subject to suitable prior arrangements which will include the lodging with the Owner flight and insurance documentation acceptable to the Owner at least one week before the flight. A fee may be charged depending on the most suitable landing site.
CLOSING TIME Unless otherwise agreed (at the discretion of each individual venue if not from Eveleigh Events), events and functions should start closing down at 12.45am. Live music or a DJ must end by 1am. In the event of the sale of alcohol the sale of alcohol must finish at midnight or otherwise as stated in the Premises Licence.
ASSIGNMENT & TRANSFER The Agreement contract is not assignable by the Client to any other party without the prior written consent of the Owner (such consent not to be unreasonably withheld or delayed). If the Client seeks 7 to transfer the booking to a third party the Owner shall not be obliged to accept a request to assign or transfer. If the Owner accepts such a request the Owner reserves the right to add to the Booking any such special conditions that they deem necessary in order to transfer the Booking to a third party. The Owner may novate, transfer or otherwise assign this agreement at any time without notice. THE CLIENTS RESPONSIBILITY The Client will ensure the safety and decorum of their guests while at the Premises and whilst arriving and leaving the Premises. The Client must ensure that no guests or visitors or any contractor or other supplier whilst at the Premises commits any act or acts that are either illegal or immoral or that may cause a nuisance to any other person. If the Owner or its managers or staff determine any guest has behaved inappropriately the Owner may request the relevant guest or the entire party to leave the Premises immediately.
NOISE Noise, however produced, must be kept at a reasonable level and be respectful of the residents of the immediate area and neighbours of the Premises. This is particularly important after 11pm. The Client must abide by the terms of the Premises and music licences.
SMOKING Smoking is not permitted in any part The Premises. In the event that evidence of smoking is detected in the Premises the Owners retain the right to deduct the full amount of the Security Deposit as a consequence of a breach of these terms and conditions.
CONFETTI Confetti of any description including rice is not permitted in the Premises. The throwing of flower petals is permitted provided it is cleared up prior to the Departure Time. If confetti is thrown in the Premises or the grounds the Owners shall make a deduction as they determine appropriate in order to cover the costs of clearing up the confetti or petals.
CANDLES & OPEN FLAMES/FIRES Candles are not permitted anywhere within The Premises unless agreed to in the Special Conditions of the Booking Form and organised and supplied by the Owner. Any and all candles must be firmly and safely installed within a glass container that is higher than the top of flame. Open fires must be safe and secure at all times and shall only be permitted when the Client has engaged the services of someone approved by the Owners to be present during the entirety of the time during which it has been requested to have open fires or candles lit. Glo-sticks and Glo-containers are not permitted.
FIREWORKS & CHINESE LANTERNS Fireworks, firecrackers, Chinese Lanterns (or similar devices) or bonfires are only permitted when approved by the prior meeting with the Owner/venue etc. In the event of any use of Fireworks or other similar items that 8 cause a noise or disturbance to The Premises, the grounds, neighbours of the Premises or livestock any damages or claims made against The Owners shall be for the account of The Client. Any breach by the Client or any of the Clients’ guests or Contractors shall lead to a £1,000 deduction from the Security Deposit.
PHOTOGRAPHY Photography is permitted throughout the Premises and its grounds. It is the Clients responsibility to ensure that all images taken in the Premises and grounds are used in a suitable manner. If the Owners are aware of images being used in a manner that they determine in their absolute discretion to be improper or contrary to the interests or image of Eveleigh Events the Client agrees to ensure that they will get the relevant images removed from where they are displayed. In the event that the Owners have to incur any costs to ensure the removal of such images the Client shall be responsible in full for such costs.
THIRD PARTY RIGHTS For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.