Conditions of Contract for Room Hire & Catering at Hodgkin Huxley House
These Conditions shall apply to all Contracts for room hire, unless specifically agreed in writing by both parties. They shall apply to the exclusion of any other term or condition submitted, proposed or stimulated by the Client, whether in writing or orally, and any other such term is hereby expressly excluded or waived.
In this Contract:
Charges means the sums which the Client has agreed to pay HHH in respect of the Services for the Function and as detailed on the Confirmation Form.
Client means the company or other organisation by or on whose behalf this legally binding Contract is made
Conditions means the terms and conditions contained in this document
Confirmation Form means the document confirming the Client’s requirements which is signed when entering into the Contract.
Contract means the contract for the supply of Services by HHH to the Client comprising these Conditions and the Confirmation Form.
Days means calendar days.
Delegate means any person attending the Function
Function means the function, party or other occasion at which the Services are to be provided
Pre-booked total means the amount specified on the Confirmation Form
Service means the service to be provided by HHH to the Client and detailed in the Confirmation Form.
HHH means Hodgkin Huxley House whose registered office is at 30 Farringdon Lane, Clerkenwell, London EC1R 3AW.
1.1. The headings in these Conditions are inserted only for convenience and shall not affect their interpretation.
2. Conditions of hire
2.1. All bookings are accepted by HHH on condition that the Function or its purpose meets the terms of HHH, ie that:
2.1.1. the Function is to promote science, technology, education or scholarship;
2.2. The acceptance of bookings is given on a case by case basis. HHH reserves the right to refuse a booking to any organisation without giving reasons.
2.3. HHH undertakes to provide only those services as agreed in writing and detailed on the Confirmation Form. Requests for porterage, photocopying and printing, telephones etc. must be made and agreed in writing in advance. Office services, work and data processing and secretarial assistance cannot be provided. Other services such as photocopying will be charged at HHH’s published rate.
2.4. The Confirmation Form, setting out the agreement between the parties must be signed and returned to HHH within 14 days of the date of the covering correspondence. If the booking is made less than 14 days before the Function, the form shall be returned within 24 hours. At this point the booking is firm and both HHH and Client are contractually committed.
2.5. The Client should be aware that HHH may increase the Charges to reflect the increase in costs to HHH, the increases will be on 1 Jan each year for room hire and 1 April for catering. The Charges for the Function shall be those applicable on the date it takes place.
2.6. No food or beverages may be brought on to the premises by the Client, Delegates, or any Contractor appointed by the Client for consumption during the Function.
2.7. The Function shall end at the time specified on the Confirmation Form. Should the Function exceed the specified time, the Client agrees to pay the full charge for the whole of the additional hire period, in addition to the contracted hire period.
2.8. The Client should be aware that there may be other Clients holding Functions at the same time as its Function and it is the Client’s responsibility to ensure that these do not conflict with the Client’s Function.
The Client must:-
3.1. Ensure that all sponsors of the meeting are identified to HHH. A sponsor is defined as any person or body either providing financial support for a meeting or Function or lending their name to it in any way.
3.2. Avoid advertising other than:
3.2.1. a simple reference to a company that has sponsored the meeting;
3.2.2. a scientific exhibit from such a company, but an exhibit displayed mainly for public relations purposes would not be acceptable;
3.2.3. a product from such a company forming part of, or relevant to, the scientific content of the Function.
4. Cancellation or amendment by HHH
4.1. If, after having accepted a booking, it subsequently appears to HHH that, in its reasonable opinion, the Function or the involvement of certain sponsors is likely to contravene any of the above conditions, to be direct conflict to HHH’s business or its objectives, then HHH reserves the right to object to the involvement of the specific sponsor or to cancel the Function by writing to the Client at the address given for correspondence.
4.2. In the unlikely event that the room is required by Hodgkin Huxley House for its own purposes, then HHH reserves the right to cancel the booking or move the Client to a suitable alternative room or location. HHH would give the Client no less than 7 days’ notice of this and the Client shall be entitled to cancel the booking and any deposit paid will be refunded. In extremis should less than 7 days’ notice be provided, HHH will take all reasonable steps in assisting the Client to provide an alternative venue.
4.3. HHH may also cancel the booking:
4.3.1. Before the signed Confirmation Form is received,
4.3.2. should the Confirmation Form not be signed and returned to HHH within 14 days,
4.3.3. should the Client become insolvent or enters into liquidation or receivership or HHH believes that any of these events is likely to occur
4.3.4. if the Client is more than 30 days in arrears with payment due to HHH.
4.4. The Client shall not be liable to compensation for any loss sustained or inconvenience caused as a result of, or in any way arising out of cancellation.
5. Cancellation by the Client
5.1. The Client may cancel the Function before the Confirmation Form is signed and returned.
5.2. In the event of a Function being cancelled by the Client, this must be done so in writing to HHH, and the following cancellation charges shall apply:
Notice of cancellation received
less than 7 days prior to Function
100% of the pre-booked total
between 8-30 days prior to Function
80% of the pre-booked total
between 31-60 days prior to Function
60% of the pre-booked total
between 61-100 days prior to Function
40% of the pre-booked total
between 180 – 101 days prior to Function
20% of the pre-booked total
6. Minimum numbers
6.1. The minimum numbers which HHH will accept for a booking in each room will be communicated to the Client before confirmation. Whatever the number of people attending, the Client agrees to pay HHH the cost of tea/coffee and basic catering for the minimum number of people appropriate to the room they have booked. This will form part of the Pre-booked total.
7. Amendments and Final Numbers
7.1. Provisional numbers are to be advised at the time of booking and shall include basic catering requirements. 14 days prior to the event HHH will send a revised Confirmation Form to the Client and this shall be signed and returned within 24 hrs. Any further amendments following this will incur the cancellation charges as per paragraph 5.2.
7.2. Not less than 7 days prior to the Function, the Client shall confirm the number of guests attending, final details on timing and any special instructions. Should the numbers reduce, then HHH shall charge the Client the cost of tea/coffee and basic catering for the reduction based on the scale detailed in 6.1.
7.3. The amount payable will be calculated on the higher of the number of guests attending on the day, the number stated on the Confirmation Form or the number notified in accordance with paragraph 7.1.
8.1. In consideration for the performance of the Contract, the Client shall pay the Charges, as set out in the Confirmation Form and as subsequently amended in accordance with paragraph 7. All Charges quoted shall be exclusive of any Value Added Tax, or other applicable tax, for which the Client shall be additionally liable at the applicable rate. Payment must be made in Sterling.
8.2. HHH’s Charges are due on presentation and if payment is not received within 30 days, HHH reserves the right to charge an appropriate rate of interest (1% per annum above the base rate prevailing from time to time). Any queries relating to the booking and Charges do not affect the Client’s liability to make payment.
8.3. The Client agrees to pay HHH on the due date for any good or service not provided for in the Contract, but made available upon request of the Client on the day of the Function.
8.4. HHH reserves the right to request payment of a deposit of any amount up to 100% of the value of the Pre-Booked total at any time prior to the Function. Failure to pay such a deposit within 10 days of being required to do so may result in the booking being cancelled.
9. Client’s Obligations
9.1. The Client shall be clearly shown as the organising body responsible for the Function, not HHH. The name and address of the organising body must appear conspicuously on any printed material issued. It should be made clear in any promotional material that all enquiries should be addressed to the organising body and not to HHH; a contact name, address and telephone number must be shown.
9.2. The Client shall provide name badges for all Delegates on arrival and ensure that they are worn clearly at all times.
9.3. HHH’s prior consent must be obtained:
9.3.1. If the Client wishes to contract directly for the services of a third party in connection with the Function;
9.3.2. If the client wishes to use the logo or any images of HHH in marketing material or any items that are being used for the Client’s event.
9.3.3. To any display that the Client wishes to put up. As a condition of such consent being granted, the Client must ensure that the display complies with all relevant laws, regulations and codes in force, and must agree to take down the display promptly after the Function.
9.3.4. Should the Client wish to bring hazardous substances into the building and must comply with all requests from HHH regarding the information to be provided in order for HHH to assess whether consent should be given.
9.4. The Client is responsible for any loss or damage caused to HHH’s premises, property, furnishings or paintings in Hodgkin Huxley House’s premises by any act or neglect of the Client, its sub-contractors or guest of the Client, and shall pay to HHH on demand the amount required to remedy any such damage.
9.5. If during a Function the Fire Alarm sounds, it is the responsibility of the organisers to lead Delegates out of the premises to the fire assembly point where they must report to HHH’s Fire Officer or his deputy. They will be asked for an assurance that all Delegates are accounted for.
10. Liability and Insurance
10.1. The Client is responsible for the health and safety of its Delegates throughout the duration of the Function and shall be expected to comply with all relevant legislation. Information regarding emergency procedures, safety policy and first aid arrangements is available from reception.
10.2. HHH shall not be liable for the death or injury to any Delegate, or for any loss, damage, claim, action, proceedings, or expenses or other liability of the Client related to this Contract, except where such is due to HHH’s negligence, or where the loss cannot be excluded by law.
10.3. HHH shall not under any circumstance be liable for any damage to or any loss of any goods, articles or property of any kind belonging to the Client or Delegates or brought into the premises for the Function. HHH’s staff have been informed that they must accept no responsibility for any property deposited in HHH’s premises. Cloakroom facilities are made available on the understanding that HHH is under no liability in respect of loss of, or damage to, property deposited in the cloakrooms.
10.4. The Client is responsible for, and must reinstate and make good to HHH’s satisfaction, or make full compensation for, any damage to or any loss of property suffered by HHH, or its employees or representatives. This includes AV equipment which is used as part of the Function and is within the Client’s control. The Client shall be responsible for all loses, damages or expenses incurred by HHH, including, but without limitation, damage to HHH’s property, which relates to or arises out of the acts or omissions of the Client or Delegates and the Client shall indemnify HHH accordingly.
11. Force Majeure
11.1. For the purposes of the Contract the expression “Force Majeure” shall mean any cause affecting the performance by a party of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening shall only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees. This shall also include but not limited to failure of or delays to the postal service, industrial action, failure of plant or equipment, failure of gas, electricity or water supply or fire alarm evacuation.
11.2. If either party is prevented from, hindered or delayed in the performance of its obligations under the Contract by an event of Force Majeure the party concerned shall not incur any liability to the other.
12.1. Any notice required or permitted to be given by either party to the other under this Contract shall be in writing addressed to the relevant party’s address as set out in this Contract or principal place of business or such other address as may at the relevant time have been notified to the party giving notice.
13. No Waiver
13.1. No waiver, delay time or other indulgence granted by either party hereto to the other in respect of any breach of this Contract shall in any way prejudice or affect the rights or remedies in relation to such breach. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of the right and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14. Entire Understanding
14.1. This Contract contains the entire understanding between HHH and the Client in connection with the matters herein contained and supersedes any previous agreements or undertakings relating to the subject matter of this Contract
15. Applicable Law
15.1. This Contract shall be governed and interpreted in all respects by English law and the parties submit to the exclusive jurisdiction of the High Court in England, but this Contract may be enforced in any court of competent jurisdiction
16.1. No clause, sub-clause or their relevant parts in this Contract may be held to be unenforceable or void except for the judgement of a court of competent jurisdiction. Should any clause, sub-clause or part thereof be so held to be unenforceable or void the remaining clauses, sub-clauses and their relevant parts shall remain in full force and effect to the extent that they are capable of remaining operative having taken account of the said court’s judgement.