Terms and Conditions

These Terms and Conditions are made between the company, person or organization named on the relevant Event Booking Form (“you”, “yours”) Six Piers Limited (“us”, “we”, “ours”).

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1 CONFIRMATION OF BOOKING

1.1 Prior to our receipt of a signed Event Booking Form: (a) all bookings remain provisional and all dates and items are subject to availability; and (b) we may cancel any provisional booking without liability to you.

1.2 The Event Booking Form together with these Terms and Conditions shall take effect from the date of your signature, and shall together comprise the entire agreement (“this agreement”) between you and us in relation to the booked event (“Event”), to the exclusion of any and all other terms or conditions which you seek to introduce or (so far as lawfully permissible) which might otherwise arise or be implied, and supersedes and extinguishes any prior agreements, undertakings or arrangements between us relating to the Event.

1.3 Written confirmation of the final numbers of guests must be given to us at least 5 days prior to the date of the Event. We will endeavour to accommodate any reasonable increases in the number of guests above the number stated on the Event Booking Form, but this cannot be guaranteed. No reduction in charges payable can be made if the number of guests is reduced.

2 PAYMENT TERMS

2.1 Subject to any discounts or rebates agreed by us, you agree to pay: (a) all pre-booked charges as stated in the Event Booking Form (“Pre-Booked Charges”), and all other charges incurred by you or with your authorisation at or relating to the Event for food, drink, facilities, sundries or other goods or services, chargeable at our list or notified prices (“Additional Event Charges”); or (b) in the event of cancellation of the Event, the appropriate cancellation charges as set out in the clause 3.3 (“Cancellation Charges”).

2.2 All amounts due are payable in full and without setoff, deduction or counterclaim. All charges are stated exclusive of value added tax.

2.3 We reserve the right to charge interest at a daily rate on all unpaid sums from the due date for payment until payment in full is received whether before or after judgment at a rate of 5% per annum above the base lending rate of HSBC (or its successor in title) from time to time.

2.4 Pre-Booked Charges: A £500 payment on account is required to confirm your booking. With a further payment equal to 50% of the remaining booking value required 6 months prior to the function. The final estimated charge must be paid 6 weeks prior to the function. All accounts are due and payable upon receipt of invoice. We reserve the right to cancel the Event and charge the appropriate Cancellation Charge if such Pre-Booked Charges are not paid within these timescales.

2.5 Additional Event Charges: We would also require details of a credit card or debit card as a guarantee for any additional costs incurred on the day , payable upon departure on presentation of an invoice. Payments are non refundable, but may be transferred to an alternative date, at the discretion of the General Manager.

2.6 At the end of the Event your nominated representative will be asked to authorise all charges incurred at the Event. Any account queries must be made within 7 days of the event.

3 CANCELLATION

3.1 We may cancel your Event and this agreement with immediate effect and without additional liability to you, on giving you written notice, if: (a) any sum payable to us has not been paid in full by the due date for payment; (b) you have committed a material breach of these Terms and Conditions; or (c) you are unable to pay your debts as they fall due or you are dissolved or a resolution is passed or order made for your winding up, or you enter into a composition or scheme of arrangement, or a moratorium is agreed or imposed in respect of any of your debts, or a receiver, manager, administrator or administrative receiver is appointed over any of your assets, or you cease or threaten to cease carrying on business.

3.2 We may cancel or postpone the Event booking, without additional liability to you, on giving you written notice, in the event of circumstances occurring or arising outside our reasonable control (as referred to in clause 5.1 below).

3.3 In the event of cancellation of a booking by the client for whatever reason The Ocean Suite will make a cancellation charge for the total anticipated loss of revenue to The Ocean Suite on the following basis:

52 weeks & over 25% of the booking value

27 to 51 weeks 50% of the booking value

13 to 26 weeks 75% of the booking value

12 weeks or less 100% of the booking value

4 EVENT OBLIGATIONS

4.1 You shall comply with our security, fire, emergency, health and safety and licensing requirements, regulations and directions at all times. We reserve the right to refuse entry to, or eject, any guest at our sole discretion, without liability to you. You shall comply at all times with our smoking policy. You shall comply with all licences, permissions and consents relating to The Ocean Suite.

4.2 The customer shall be liable for all losses or damages sustained by the Ocean Suite in respect of the premises,

furnishings, utensils or equipment, whether the same is caused wilfully or by negligence or default and shall be liable for the cost of replacement, plus compensation for the loss of

business caused thereby.

4.3 We do not accept responsibility or liability for your or your guests’ personal property.

4.4 Save as agreed in advance with us, you shall not carry out, install or erect any advertising, promotions, endorsements, decorations or equipment at the Event.

4.5 You agree that you are responsible and liable to us for all acts and omissions of your guests at the Event, which shall be deemed to be your own acts and omissions for the purposes of this agreement.

5 LIABILITY

5.1 You agree that we shall not be liable to you for any failure or delay, or for any loss, relating in any way to the Event (including but not limited to the interruption, cancellation or postponement of the Event), due to any circumstances outside our reasonable control including without limitation: breakdown of machinery, shortage of electricity or other utilities, flood or leakage, fire, explosion, strike or labour dispute, hostilities, storm, high winds, lightning or other natural calamity, building works, or terrorism or threat of terrorism.

5.2 Nothing in these Terms and Conditions shall exclude or restrict either party’s liability to the other for fraudulent misrepresentation or for death or personal injury caused due to negligence. Subject to the foregoing, we shall not be liable to you, whether in contract, tort (including without limitation negligence) or otherwise, in respect of (a) any indirect, consequential, financial or economic loss, damage, costs or expense; (b) any loss (whether direct or indirect) of profits, savings, revenue, goodwill, reputation, business, business opportunity or data; or (c) any personal injuries of guests participating in any games or activities at the Event which arise other than due to our negligence or breach of statutory duty; in all cases whatsoever or howsoever arising out of or in connection with the Event or this agreement.

5.3 Subject to clause 5.2, our total and aggregate liability to you under or in connection with the Event shall not exceed the total charges actually paid by you to us in respect of the Event.

6 GENERAL

6.1 You agree that we may hold any and all data on the Event Booking Form on our databases and systems, to deal with any enquiries, complaints and requests. We shall hold personal data (if any) in compliance with our obligations under the Data Protection Act 1998.

6.2 You may not assign, transfer, or sub-contract any of your rights or obligations under this agreement. The Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement.

6.3 No amendment to this agreement shall be valid unless in writing and signed by authorised representatives of both parties.

6.4 The rights and remedies of each party may only be waived in writing and specifically. Delay in exercising or no-exercise of any right or a partial exercise of any right under this agreement is not a waiver of that or any other right. Waiver of a breach of any term shall not operate as a waiver of breach of any other or subsequent term.

6.5 If any provision of this agreement is illegal, invalid or unenforceable then that shall not affect the validity or enforceability of the other terms of this agreement, and the parties shall negotiate in good faith to modify such provision so that (so far as possible) they achieve the same effect as would have been achieved by that provision had it been valid and enforceable.

6.6 You agree that you have not been induced to enter this agreement or relied upon any representation, warranty, undertaking or assurance of us save as expressly contained in this agreement; provided that nothing in this agreement shall exclude or restrict liability for fraud.

6.7 Notices under this agreement shall not be valid unless served by hand delivery or by pre-paid first class post, but not fax or email. Notices shall be deemed to have been served: (a) in the case of hand delivery, on the date of delivery; and (b) in the case of delivery by post, two business days after posting (exclusive of the day of posting).

6.8 This agreement shall be governed by the construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction.