Borthwick Castle, The Garrison

Cancellation policy

BORTHWICK CASTLE TERMS AND CONDITIONS OF EXCLUSIVE HIRE 1 DEFINITIONS 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: 1.1.1 "Additional Charges" means charges for any services or facilities other than the exclusive hire of the Castle which required by you, agreed between you and Us whether in writing or otherwise and which are provided by Us; 1.1.2 "Castle" means Borthwick Castle, North Middleton, Gorebridge, Midlothian EH24 4QY; 1.1.3 "Confirmation Letter" means the letter issued by Us to you confirming receipt of your Deposit; 1.1.4 "Contract" means these terms and conditions as well as the matters contained in the Exclusive Hire Booking Form; 1.1.5 "Deposit" means the deposit you have been asked to pay to secure exclusive hire of the Castle on your Event Date in terms of clause 4; 1.1.6 "Event" means any event booked by you, further details of which are set out in the Event Booking Form; 1.1.7 "Event Date" means the date the Event will take place and described as the Confirmed Date on the Exclusive Hire Booking Form; 1.1.8 "Event Outside Our Control" means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks; 1.1.9 "Event Organiser" is the organiser of the Event being the person(s) set out on the Exclusive Hire Booking Form; 1.1.10 "Exclusive Hire Booking Form" means the Exclusive Hire Booking Form provided to you which set out in detail the payment dates in respect of the Event; 1.1.11 "Exclusive Hire Fee" means the fee to be paid by you for the exclusive hire of the Castle; 1.1.12 "Final Key Date" means the date falling six calendar weeks before the Event Date; 1.1.13 "Guests" means the individuals attending the Event at your invitation; 1.1.14 "Terms" the terms and conditions set out in this document; 2 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 1.1.15 "We"/"Our"/"Us": Borthwick Castle Management Company Limited having its registered office at Borthwick Castle, North Middleton, Gorebridge, Midlothian EH24 4QY; and 1.1.16 “you/your” means the company, firm, body, agent or person booking, taking responsibility and authorised to organise the Event; 1.2 The Terms contained in the Contract shall supersede any other terms and conditions (whether or not inconsistent with the Terms) and whether such Terms are in writing or are implied by custom, practice or course of dealing. 1.3 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise. 2 These Terms 2.1 These Terms are applicable to all Contracts for exclusive venue hire and all related use of services at the Castle. 2.2 Please ensure that you read these Terms carefully and check that the details on the Event Booking Form and in these Terms, are complete and accurate, before you enter into this Contract in terms of clause 3. 2.3 If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us. 3 Formation 3.1 These Terms will become binding on you and Us when: 3.1.1 We have received the Deposit; and 3.1.2 We have issued you with a Confirmation Letter, at which point the Contract will come into existence between you and Us. 4 Deposit 4.1 A non-refundable Deposit of 35% shall be required to secure the Exclusive Hire of the Castle on your Event Date. 4.2 Subject to clause 4.3, a Damage Deposit of £500 will be required in respect of each booking of Exclusive Hire, payable with your final instalment. 4.3 In certain circumstances we may require a Deposit of a greater or less amount than that set out in clause 4.2 in which case the exact amount of the Deposit will be decided by Us and shall be made clear to you in writing. 4.4 The Deposit will be refunded to you upon final inspection following your Exclusive Hire Booking, ensuring no damages have been found. All monies due to back to You, will be refunded no later than 4 weeks post event. 4.5 In accordance with clause 3, this Contract will have no effect until We have received your Deposit. 3 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 5 Exclusive Hire 5.1 We will hire the Castle to you on your Event Date in relation to your Event on the Terms forming part of this Contract. 5.2 We will need certain information from you that is necessary for Us to fulfil our obligations under the Contract and We will not be responsible for any loss or damage arising directly or indirectly as a result of: 5.2.1 your failure to provide Us with this information; or 5.2.2 you having provided Us with incomplete or incorrect information. 6 Price and Payment 6.1 The Exclusive Hire Fee payable by you is set out in the Confirmation Letter. 6.2 Subject to clause 6.3 and 6.4, the cost of any Additional Charges arising in respect services or facilities which We have agreed to provide will be set out in the Confirmation Letter but all such costs may be subject to change and, in such case, the amount set out in respect of these Additional Charges in the invoice issued to you shall be the amount payable. 6.3 Any Additional Charges arising in respect of services or facilities: 6.3.1 which are agreed after the Price Confirmation Letter has been issued; or 6.3.2 in respect of which the cost incurred may only be calculated after the Event has taken place will not be set out in the Confirmation Letter but shall be invoiced and shall be payable on the day of departure. 6.4 We reserve the right to charge a 10% service charge on any Additional Charges which relate to food provided for you and your Guests and this service charge, where charged, shall be invoiced and shall be payable. 6.5 We may, in some instances, ask for some or all of the Additional Charges to be paid at the same time as the Exclusive Hire Fee and We shall inform you in writing if this is the case. 6.6 We may, at our sole discretion, agree that you may pay the Exclusive Hire Fee in instalments and, where it is so agreed, the instalment plan shall be documented on the Exclusive Hire Booking Form. 6.7 In all circumstances, including where an instalment plan has been agreed in terms of clause 6.4, the full amount of the Exclusive Hire Fee along with any food and beverage requirements must have been paid by the Final Key Date. 6.8 Any additional items added on the day of the event, will be payable on the day of departure. 6.9 If the Booking is made less than four calendar weeks prior to the Event Date, then the Exclusive Hire Fee and all food and beverage fees shall be due and payable immediately on booking. 6.10 Invoices shall be sent to the address set out in this Contract and be marked for the attention of the Event Organiser. 4 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 6.11 You must notify Us of any disputed amounts within 5 working days of the date of the invoice. You shall pay the undisputed amount within 28 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 6.13 if found to be due. 6.12 The time of payment is of the essence in the Contract and if you fail to make a payment in accordance with 6.4, We are entitled to deem that you have Cancelled the Contract and that the provisions of clause 14 shall apply. 6.13 If you fail to pay any amount due under the Contract on the due date, we will charge a flat fee rate of £100 on each given occasion. 7 Our Liability to You 7.1 We are not liable to you 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 We were advised of the possibility of them in advance: 7.1.1 loss of business opportunity; 7.1.2 loss of anticipated savings; 7.1.3 loss of goodwill; or 7.1.4 any indirect, special or consequential loss or damage whatsoever caused. 7.2 Our entire liability 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 Exclusive Hire Fee. 7.3 Nothing in this Contract shall operate to exclude or restrict either party's liability for Death or personal injury resulting from negligence; or fraud or deception. 7.4 We will not be held liable for any changes made to the Event unless these changes are confirmed back to you in writing by Us. 7.5 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract. 8 Your Liability to Us 8.1 You shall indemnify Us and keep us indemnified from and against all claims, actions, damages, liabilities and costs (including professional fees) arising out of your acts or omissions or of any Guest or third party employed by you, save to the extent that any such claim arises as a result of Our negligence. 8.2 You shall be liable to pay for the cost of repairing any damage caused to the property, contents or grounds of the Castle by you and/or any Guest or any third parties employed by you. 8.3 Should any Guests or third parties employed by you behave in a manner that is considered unacceptable to the Castle, the Castle reserves the right to immediately remove such persons from the premises and/or terminate the Contract and We shall not be liable for any claims, actions, damages, liabilities and costs arising from Our exercise of this right. 5 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 9 Security You and your Guests are responsible for the security of any property brought into the Castle and We accept no responsibility or liability for any loss or damage to your property or to the property of Guests or any third parties employed by you beyond that provided for by legislation. 10 Health and Safety 10.1 You shall ensure that you (and shall ensure that all third parties employed by you) 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. 10.2 You shall ensure that any materials brought into the Castle are so far as possible made of non-flammable materials, that fire exits are kept clear at all times, and where a fire exit sign will be obscured, you shall ensure that appropriate temporary signs are erected to Our complete satisfaction. 10.3 You shall provide Us with a list of names of all Guests and third parties employed by you if so requested by Us. 10.4 We reserve the right to evacuate the Castle 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 our staff and in this event, We will not accept any liability for any delays or disruption to the Event. 11 Final Confirmation 11.1 No less than six weeks prior to the Event you must provide us with: 11.1.1 confirmation of the final number of Guests attending the Event; and 11.1.2 a rooming list providing details of all Guests for overnight accommodation at the Castle. 11.2 Three weeks prior to the Event Date, We will provide you with an Itinerary setting out the final details of the Event and ask you to confirm that these details are correct. 12 Third Party Contractors 12.1 If you wish to employ the services of any third party contractors then you must discuss this with Us as soon as possible and should not book any such contractors until We have confirmed that We can accommodate them. 12.2 We reserve the right to refuse any external entertainment, services or activities that you may have arranged, and We do not accept any liability for the acts or omissions of any party employed by you in connection with the Event. 12.3 If We do consent to your use of any third party contractors, you shall (and shall ensure that all third parties employed by you) comply at all times with all rules and regulations (whether statutory or otherwise), and any reasonable requests, including policies on noise, and/or any external activities associated with the Event. 12.4 Should there be any breach of the rules and regulations referred to in clause 12.3 We have the right to immediately and without notice stop all activity associated with the Event until We are fully satisfied that any breach of the rules or regulations has been remedied in full to Our satisfaction. 6 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 13 Events Outside Our Control 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by an Event Outside Our Control. 13.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract: 13.2.1 We will contact you as soon as reasonably possible to notify you; 13.2.2 We will, if possible, make all commercial efforts to rearrange the Event for a date when the Event Outside Our Control will have ceased; 13.2.3 Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the Contract, We will restart performance as soon as reasonably possible after the Event Outside Our Control is over; 13.2.4 you will be entitled to terminate the contract in accordance with clause 14.1.2.3; and 13.2.5 we will be entitled to cancel the contract in accordance with clause 17.1.5. 14 Your Right to Cancel 14.1 You may cancel the Contract: 14.1.1 at any time by providing Us with at least 30 calendar days' notice in writing; or 14.1.2 with immediate effect by giving Us written notice if: 14.1.2.1 We break this Contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing; 14.1.2.2 We go into liquidation or a receiver or an administrator is appointed over Our assets; or 14.1.2.3 We are affected by an Event Outside Our Control and you no longer wish Us to perform the Contract. 15 Refunds 15.1 The Deposit paid by you in terms of clause 4 is non-refundable except where We cancel the Contract in terms of clause 17. This is 35% of the venue hire only 15.2 Where you cancel the contract in terms of clause 14 less than one year but no less than 6 months prior to the Event Date you will be charged 50% of the Exclusive Hire Fee plus any costs which We have reasonably incurred in preparing for the Event prior to your cancellation. 15.3 Where you cancel the contract in terms of clause 14 less than 6 months but no less than 3 months prior to the Event Date you will be charged 75% of the Exclusive Hire Fee plus any costs which We have reasonably incurred in preparing for the Event prior to receiving notice of your cancellation. 7 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 15.4 Where you cancel the contract in terms of clause 14 less than 3 months prior to the Event Date you will be charged 100% of the Exclusive Hire Fee plus any costs which We have reasonably incurred in preparing for the Event prior to your cancellation. 15.5 Within 28 days of receiving note of your cancellation of the contract, We will issue you with an invoice in respect of any sums due in terms of clauses 15.2, 15.3 or 15.4 and such invoice shall be payable in accordance with the provisions of clauses 6.10 and 6.11. 15.6 For the avoidance of doubt, any portion of the Exclusive Hire Fee which you have paid to Us before cancelling the contract in terms of clause 14 may be retained by Us in part or whole satisfaction of sums due to be paid by you in terms of clauses 15.2, 15.3 or 15.4. 16 Change of Event Date 16.1 We will always try to accommodate any request by you to change the Event Date but this may not always be possible. 16.2 Where it is possible for Us to change the Event Date, We will transfer the Deposit paid in respect of the original Event Date to the new Event Date so that your Deposit will not be lost. 16.3 Where you have requested a change of Event Date and We have been unable to accommodate this change, you will be entitled to cancel the Contract in terms of clause 14 and the provisions of clauses 14 and 15 shall apply to that cancellation. 17 Our Right to Cancel 17.1 We may cancel the Contract at any time with immediate effect by giving you written notice if: 17.1.1 you do not pay Us when you are supposed to as set out in clause 6or 17.1.2 you break the Contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing; or 17.1.3 you are declared bankrupt or enter into an arrangement with your creditors; or 17.1.4 in Our opinion the Event might prejudice Our reputation or that of the Castle; or 17.1.5 in Our reasonable opinion an Event Outside Our Control means We are unable to perform Our obligations under the Contract. 17.2 Once We have served you with written notice of Our cancellation in terms of clause 17, We shall have no further liability for or in respect of the Event. 18 About Us 18.1 We are a company registered in Scotland, Our company registration number is SC449952, Our registered office is at Borthwick Castle, North Middleton, Gorebridge, Midlothian EH23 4QY and Our registered VAT number is 165726487. 18.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning us at +44 (0)1875 820514 or by e-mailing Us at [email protected]. 8 C:\USERS\DESK 5\DROPBOX\STAFF\AMY\BORTHWICK CASTLE TERMS AND CONDITIONS.DOCX 18.3 If you wish to contact Us in writing, or if any clause in the Contract requires you to give Us notice in writing, you can send this to Us: 18.3.1 by email to [email protected]; or 18.3.2 by hand, or by pre-paid post to Borthwick Castle at North Middleton, Gorebridge, Midlothian EH23 4QY; and We will confirm receipt of this by contacting you in writing. 18.4 If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us and as set out in the Exclusive Hire Booking Form. 19 Your Personal Information 19.1 We will use the personal information you provide to Us to: 19.1.1 provide the Event; 19.1.2 process your payment of the Exclusive Hire Fee; and 19.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. 19.2 We will not give your personal data to any third party. 20 Other Terms 20.1 We may assign or otherwise transfer Our rights and obligations under the Contract to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under the Contract. 20.2 You may only assign or otherwise transfer your rights or your obligations under the Contract to another person if We agree in writing to that assignation or transfer. 20.3 Where the Event is a wedding, the Contract is between Us and both the bride and groom to be, who shall be jointly and severally liable for the obligations contained herein. 20.4 This contract is between you and Us and no other person shall have any rights to enforce any of its terms. 20.5 Each of the clauses of this Contract operates separately and if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 20.6 If We fail to insist that you perform any of your obligations under the Contract, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 20.7 This Contract shall be governed by Scots law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.