Licence to Occupy Kirtlington Park Wedding Venue
This agreement is between Kirtlington Projects Ltd and X and X and is subject to the following terms and conditions:
“Booking” means an exclusive short term licence to occupy the Venue entered into by You for the Period and which is accepted by Us in accordance with these Terms and Conditions.
“Cancellation Costs” means £1,000 plus VAT in respect of the sales, marketing and administration expenses and/or costs incurred by Us in connection with Your Booking plus any costs incurred by Us in finding a replacement Booking, including the cost of any special offers or discounts offered to secure a replacement Booking.
“Confirmation Document” means the confirmation email, email attachment and/or letter from Us to You setting out the details of Your Booking and any special terms and conditions applicable to Your Booking.
“Date” means the date specified in Your Booking and as confirmed on the Confirmation Details.
“Period” means 09.00 hrs to 24.00 hrs on the Date XXXX
“Scheduled Payments” means the amounts due to be paid by You to Us in respect of Your Booking by the due dates that are confirmed to You at the point of making Your Booking and in the Confirmation Document.
“Services” means any products and services purchased by You and which are provided by a Supplier e.g. registrar services, religious services, catering, bar, ceremonial services, flowers, music and entertainment.
“Supplemental Information” means any additional information provided to You by Us that relates to the use of the Venue.
Supplier” means any third party offering Services at the Venue or in relation to Your Booking.
“Venue” means the areas defined as the wedding venue at Kirtlington Park comprising Hall, Saloon, Drawing Room, Monkey Room and gardens, plus private dining room as agreed in booking form.
“Venue Hire Fee” means the total of the Scheduled Payments.
“We”, “Us” and “Our” means Kirtlington Projects Ltd.
“You”, “Your” and “Yourself” mean any person making a wedding booking at the Venue.
2.1 These Terms and Conditions govern any Booking You make with Us and govern any liability We may have in relation to Bookings. In addition to these applicable Terms and Conditions, any Supplier You may use may have its own applicable terms and conditions which govern its products and services. Please ensure that You have read both these Terms and Conditions and the terms and conditions for any Services supplied by the relevant Suppliers to ensure that they are acceptable to You and suitable for Your requirements before You enter into a Booking with Us.
2.3 If We accept your payment for a licence to occupy the Venue for the Period, a Booking will be created, the details of which will then be sent to You as a Confirmation Document via email or post for Your records. Once a Booking has been made (whether a Confirmation Document has been sent or not), there is a binding contract in place between You and Us. Please check the Confirmation Document very carefully. If the Confirmation Document indicates any discrepancies or if You do not receive a Confirmation Document after You believe You have completed Your Booking, please contact us immediately.
2.4 You have to be at least 18 years old to make a Booking and You must accept these Terms and Conditions including the cancellation charges in clause 6.
2.5 You recognise that Your personal data has been given to Us for the purposes of handling your booking. You consent to Our use of these contact details in all later correspondence between You and Us. Please ensure that the contact details You have provided are correct and advise Us immediately if those details change.
2.6 If a Booking is created, You enter into a direct contract with Us for a licence to occupy the Venue and You are responsible for paying Us directly in accordance with these Terms and Conditions (and any relevant Supplemental Information).
2.7 We may charge You a nominal administration fee in the event of a change of Date.
3. Transfer or assignment
3.1 A Booking is only valid for the parties named on the Confirmation Document or as subsequently changed and accepted by Us.
3.2 The Booking cannot be assigned, transferred or sold to another party or varied without written consent from Us.
4. Scheduled Payments
4.1 In making Your Booking, You agree to pay the Venue Hire Fee by way of the Scheduled Payments.
4.2 If You fail to pay any Scheduled Payments due under these Terms and Conditions on the due date for payment and You remain in default not less than 14 days after being notified in writing to make such payment, We may, by notifying You in writing, deem this to be a cancellation by You, such cancellation taking effect on the date that payment was originally due. In such situations Our cancellation and refund policy as described in clause 6 will apply.
4.3 In the event that You or We cancel Your Booking, Scheduled Payments will be refunded subject to clauses 6 and 7. In addition cancellation charges may apply (please see clauses 6 and 7 for further details).
5. Change of Date
5.1 If You need to change the Date, agreement to do this will be at Our sole discretion.
5.2 In order to request a transfer of Date You must contact Us by recorded delivery, email or telephone. No transfer of Date can be considered until this has been received. All transfers of Date are subject to availability.
5.3 On confirmation by Us to You by email that Your transfer of date request has been received, We will hold the new Date for You for up to 24 hours. It is Your responsibility to ensure that We have received Your request.
5.4 When and if We agree to the transfer of Date:
5.4.1 The original Date will be released and no longer held for You on completion of the transfer of Date which may include a transfer fee.
5.4.2 We will make a non-refundable administration charge of £150+VAT to be paid by BACS before transfer of Date can be completed.
5.4.3 The new Date will be booked under the prevailing terms and conditions which will supersede any previous terms and conditions.
5.5 At the point of making the transfer of Date, if the sum of the Scheduled Payments due for the new Date at the prevailing rate is higher than the total amounts You have already paid Us for the original Date, the difference will be due immediately in order to confirm and complete the transfer of Date.
5.6 At the point of making the transfer of Date, if the sum of the Scheduled Payments due for the new Date at the prevailing rate is lower than the total amounts You have already paid Us for the original Date, the difference will be subtracted from future Scheduled Payments unless the future Scheduled Payments are lower in total than the difference due to You in which case any remaining amount of difference will be refunded to You.
5.7 Your original Date will be deemed to stand until You have received email confirmation from Us that We have received Your request to transfer Your Date and that We have agreed to the transfer, and any payments due under clauses 4.2 and 5.5 have been paid.
5.8 It is Your responsibility to notify Your Suppliers of Your transfer of Date.
6. Cancellation by You
6.1 If You wish to cancel Your Booking, for whatever reason, You must contact Us by email or in writing. Your cancellation will come into effect on the date that You receive confirmation from Us by email that Your Booking has been cancelled.
6.2 If You cancel Your Booking:
6.2.1 more than sixteen (16) calendar months before the Booking is due to take place then any Scheduled Payments already paid to Us less the Cancellation Costs are fully refundable;
6.2.2 between sixteen (16) to nine (9) calendar months (inclusive) before Your Booking is due to take place then You shall pay 80% of the Venue Hire Fee less any Scheduled Payments already paid to Us;
6.2.3 less than nine (9) calendar months before the Booking is due to take place then, You shall pay 100% of the Venue Hire Fee less any Scheduled Payments already paid to Us
6.3 Notwithstanding clauses 2.2 and 6.2.3, if at any time We receive a replacement Booking for the Date following cancellation by You, We will refund to You any Scheduled Payments already paid by You to Us less the Cancellation Costs.
6.4 It is Your responsibility to notify Your Suppliers of Your cancellation. Please note that notifying Your Suppliers of a cancellation does not cancel Your Booking. To cancel Your Booking You must follow the procedure set out in clause 1.
6.5 Upon cancellation of Your Booking, We will issue an invoice to You for the amount as determined in accordance with clause 2 (above) which shall be payable within 30 days of the date of the invoice. Any subsequent refunds due to You pursuant to clause 6.3 will then be made within 14 days by Us following receipt of a replacement Booking.
7. Cancellation by Us
7.1 In the unlikely event (and where You are not in breach of these Terms and Conditions) that it is necessary for Us to cancel Your Booking, We will notify You as soon as possible and We shall endeavour to offer You alternative dates for no extra cost, subject to Your approval. In the event that no alternative dates are available or You do not accept the alternative dates offered then We will refund to You any and all Scheduled Payments.
8. Suitability of the Venue
8.1 You are responsible for inspecting the Venue and its facilities to assess its suitability for Your requirements. By making a Booking, You accept that the Venue and its facilities are suitable for Your requirements.
8.2 You are responsible for conducting any risk assessments of the Venue, including any water features and any other potential hazards and for informing and warning Your guests that these constitute a danger and You warrant to ensure that all proper precautions are taken by You and Your party to avoid damage, injury or loss of life to any person or animal.
8.3 Changes may occur at the Venue after the date of your Booking. We will endeavour to inform You of any known material changes but it is Your duty to inspect the Venue both prior to making a Booking and again within a reasonable period prior to the date of Your booked event.
8.4 If Bedrooms are included as part of the agreement then the terms set out in this paragraph 8 shall apply to the use of the Bedrooms.
8.5 The Dashwood Bridal Suite is available from 9.30am on the Date. All other bedrooms are available from 2pm.
8.6 If the Dashwood Bridal Suite is used for the day only, then it is to be vacated by 12 midnight on the Date. Each member of the Bridal Party should label their packed bags ready for collection by the house staff at 11:15pm. Bags will be placed downstairs by house staff.
8.7 The maximum number of Guests that may occupy any Bedroom is two. Cots or occasional beds for small children are available and can be provided by arrangement.
8.8 The Dashwood Bridal Suite is to be vacated by 9 am on the day following the Date. All other Bedrooms are to be vacated by 9:30 am on the day following the Date. If Bedrooms are not vacated by the specified times then we reserve the right to deduct from the damage/performance deposit an amount equal to any additional costs that we may incur as a result.
8.9 Guests who wish to occupy a Bedroom may arrange payment directly with Us. If any Bedrooms are not paid for by Your Guests, You will be charged for those Bedrooms when we issue our invoice for any Fee Balance.
8.10 Continental Breakfast will be served from 8:30 am to 9:30 am in an allocated Breakfast Room and is included in the price of the Bedroom.
8.11 Confirmation of the names of Guests occupying Bedrooms should be received by Us no later than one month before the Date.
8.12 The house is to be vacated by 10 am on the day following the Date.
8.13 For health, safety and comfort reasons any guests with special needs must be informed to the venue no less than 1 month before date
9. Venue hire only
9.1 Your Booking is for the dry hire of the Venue only and We are providing no services to You
9.2 We undertake to make the Venue, including fixtures, fittings and furniture contained therein, exclusively available to You in good, clean and tidy condition for the Period.
9.3 We have the right to enter the Venue during the Period but in doing so will exercise those rights in a manner not to be inconsistent with the use of the Venue and causing as little disturbance as possible.
10.1 You are responsible for arranging and booking any Services that you require directly with Suppliers.
10.2 You are responsible for understanding any restrictions, conditions or costs related to the use of Suppliers at the Venue including any exclusive rights enjoyed by Suppliers to provide Services at the Venue or restrictions on specific Suppliers where such rights or restrictions might restrict Your choice of Supplier.
10.3 You are responsible for ensuring that You understand and accept the availability and any applicable terms and conditions of Suppliers You might intend to use in relation to your Booking before You complete Your Booking with Us.
10.4 We are not responsible for the performance of any Suppliers.
11. Damage, breakages, theft and guest behaviour
11.1 You are responsible if We suffer any loss as a result of (i) any breakage or damage at the Venue, whether to the Venue itself or to any goods, articles or any other property belonging to the Venue or Us; or (ii) theft of any items from the Venue, by You, any of Your guests or by any of Your Suppliers, or by any employee or officer of Your Supplier, and You agree to indemnify the Us in respect of any such loss except to the extent that such damage is a result of Our negligence or wilful misconduct.
11.2 A minimum damage deposit of £500 is payable two months prior to the Date. A refund will be provided within seven days after the Date, subject to the satisfactory completion of all inventory checks.
11.3 We will not under any circumstances accept responsibility or liability in respect of any damage to or loss of any goods, articles or personal property, or property of any kind brought into or left at the Venue either by You, any of Your guests, Suppliers or by any other person or left or deposited with any of Our officers or employees, except to the extent that such damage or loss is due to Our negligence or wilful misconduct.
11.4 You are responsible for Your and Your guests’ and Your Suppliers’ behaviour. If We or Our representatives have reason to believe that You, Your guests’ or Your Suppliers’ behaviour is unacceptable, dangerous or unlawful, We or Our representatives will at Our absolute discretion be entitled to take such action against You, Your guests or Your Supplier (as the case may be) as may be necessary to prevent such behaviour continuing, including taking any action necessary to comply with the licensing laws, regulations or conditions or any planning conditions governing the use of the Venue and also including ejecting persons from the venue.
11.4.1 16 and 17 year olds may consume beer, wine or cider with a table meal at the venue provided it is bought by an adult and they are accompanied at the meal by an adult.
11.4.2 Children younger than 16 years cannot be served any alcohol.
11.4.3 We do not allow adults to purchase alcohol for children under 18 years.
11.4.4 Staff at the venue have the right to refuse alcohol to any client or guest who appear intoxicated or underage, or if We have reason to believe that alcohol is being purchased for a minor.
11.4.5 We reserve the right to ask any client or guest who is drunk or disorderly to leave the premises.
12. Limitation of liability
12.1 This clause 12 sets out Our entire financial liability to You and the members of Your party for whom You have made Your Booking, in respect of:
12.1.1 any breach of contract or negligent performance of the Booking and payment process for the Venue;
12.1.2 any breach of contract or negligent performance by Us (or our employees or contractors) connected with Your Booking;
12.1.3 any representations, statements or negligent or harmful acts or omissions arising under or in connection with these Terms and Conditions.
12.2 Nothing in these Terms and Conditions limits or excludes Our liability:
12.2.1 for death or personal injury resulting from Our negligence; or
12.2.2 arising as a result of fraud or fraudulent misrepresentation.
12.3 Subject to clause 12.2 (above), We will not be liable:
12.3.1 for the death of or injury to any person attending the Venue for Your Booking or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by You in the exercise of the rights granted by these Terms and Conditions;
12.3.2 if We are prevented from or delayed in performing Our obligations under these Terms and Conditions or from carrying on Our business or in any way otherwise, by or in respect of acts, events, omissions or accidents beyond Our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or any other), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire , flood, storm, theft, burglary or malicious acts of third parties;
12.4 Subject to clauses 12.2 and 12.3, where We have been negligent and/or breached a contractual obligation to You, We will be liable for any loss or damage You suffer as a result, as long as the loss or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our negligence or breach of contract, or would have been considered by You and Us to be a likely consequence of it at the time We entered into these Terms and Conditions.
12.5 Subject to clauses 12.2, 12.3 and 12.4 above, Our total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation restitution or which otherwise arises in any way in connection with Your Booking shall be limited to the Venue Hire Fee.
13. We shall be relieved of Our contractual obligations to the extent that their performance is prevented by, or their non-performance is a direct or indirect consequence of Your act, neglect or default or by any circumstance beyond Our reasonable control.
14. These conditions shall prevail over any terms or conditions contained in any other document whatsoever and shall be deemed to have been read, understood and accepted by You upon making a Booking. No variation shall be effective unless it has been agreed specifically in writing by Us or Our duly authorised representative.
15. The contract between You and Us shall be governed in all respects by the Laws of England and You hereby submit to the exclusive jurisdiction of the English Courts.
16. We may directly enforce any provision of these Terms and Conditions which is expressly, or by implication, for its benefit.
17. Subject to clause 16, a person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms and Conditions.
Notes to Terms and Conditions
It is recommended that wedding insurance is taken out with public liability cover. Please bear in mind that all deposits and balances are non-refundable and, in the event of transfer of Date and/or cancellation of Your Booking, relevant clauses will apply. Most wedding insurance policies provide cover for illness (unless it is pre-existing), close family death and some other circumstances beyond the insured’s control but normally not for unexpected pregnancy or break up of the relationship. It is suggested that the public liability cover not only includes YOU but also YOUR guests with regard to liability for accidental injury or damage caused by YOU or YOUR guests.
For exclusivity we receive commission from the caterer.
Company Name: Kirtlington Projects Ltd.
Company Number: 06638098
Registered in England & Wales
Registered Address: Kirtlington Park, Kirtlington, Oxon OX5 3JN UK