TERMS & CONDITIONS
1. The contract
1.1. Your contract is with Carswell Cottages, a partnership, of Carswell Farm, Holbeton, Devon PL8 1HH (“We” or “Us”). A list of members of the partnership is available upon request.
1.2. In these terms, “Venue” means the marquee site where Your event is agreed to be held and “Working day” means a day other than a Saturday, Sunday or public holiday in England when banks are open for business.
2. Making Your booking
2.1. Your booking will not be confirmed until receipt by Us of Your signed Hire Agreement and payment of a deposit 30%. Payments can be made by bank transfer, debit or credit card. Please note that Your deposit will not be refunded if You subsequently cancel a confirmed booking, as explained in paragraph 7 below.
2.2. A contract is only formed between You and Us when We accept Your signed Hire Agreement and send our confirmation of booking letter to You. No booking application shall be binding on Us and no contract shall be formed unless and until We send such confirmation. If We do not accept Your booking application, We shall of course return Your deposit.
3. Your event Venue hire
3.1. Under this Hire Agreement, the Venue will be hired to You for the Hire Period. We will not hire out the Venue to anyone else during this period.
3.2. If you have also booked Carswell Cottages accommodation for your event, that booking will be dealt with, and charged, separately from this Hire Agreement.
4. Price and payment
4.1. The Hire Charge shall be as set out in the Hire Agreement.
4.2. All prices are inclusive of VAT.
4.3. We will invoice You for the total price of the Hire Charge (less any deposit paid) approximately 9 weeks before the scheduled Hire Period. You must pay the Hire Charge in full no less than 8 weeks before the Hire Period commences.
5. Your responsibilities
5.1. We are only hiring you the ground on which to hold your event. It is Your responsibility to book any other goods or services required to hold your event but we can help introduce you to third party suppliers (e.g. marquee hire, catering, bands etc) if required. If You have not booked the marquee and catering before making Your booking application with Us, We advise You to do so as soon as possible after You have received our confirmation of booking.
5.2. You must comply with, and use Your reasonable endeavours to ensure that Your guests comply with, all of our reasonable instructions intended to ensure the safety of property and/or people at the Venue.
5.3. You must provide Your guests with such information We may reasonably request regarding arrangements to be followed at the Venue (for example, in relation to car parking).
5.4. Any damage caused to the Venue, its equipment, contents or fittings will be invoiced directly to You immediately after the event.
5.5. The Venue must be left in the same condition as you found it – all litter must be removed from the Venue by the end of the Hire Period and it is Your responsibility to ensure that the site is clear.
5.6. All amplified music (including bands, discos etc) must cease by 1am. Non amplified music can continue after 1am.
5.7. As we are a working farm with livestock present in the vicinity of the Venue and in a coastal location, the use of fireworks and Chinese lanterns is totally prohibited at all times.
5.8. You and Your guests may be able to pitch tents at the Venue for the night of the Event. This is only possible by prior arrangement and will be at an extra cost. No camp fires are allowed at any time.
5.9. We reserve the right to stop any activity which We reasonably believe is likely to cause damage to the Venue or to risk the safety of people at the Venue, and We will not tolerate any abusive behaviour by guests to any other guests or member of staff. We reserve the right to remove any persons acting inappropriately from the event.
5.10. Any Details of third party suppliers which we supply are intended to help You in arranging other services to be provided in connection with Your event. However, We accept no responsibility for their performance of services and You should take up any complaints with them directly. You are also responsible for paying their charges directly. We reserve the right not to allow into the Venue any third party suppliers who do not meet our requirements intended to ensure the safety and welfare of property and people at the Venue.
6. Cancellation by You
6.1. If You want to cancel a confirmed booking, You must do so in writing or by email and the provisions below shall apply.
6.2. Your deposit is non-refundable in the event of your cancellation.
6.3. Once the balance of the Hire Charge has fallen due in accordance with paragraph 4.3, this shall be non-refundable.
7. Cancellation by Us
7.1. We reserve the right to cancel Your booking without any obligation to refund Your deposit if you do not pay Us the balance of the Hire Charge by the date due for such payment.
7.2. If we cancel Your booking for any other reason within Our control You will be refunded in full.
8. Events outside our control
8.1. Except as set out in this paragraph, We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with You that is caused by events outside our reasonable control (such as serious damage to the Venue, serious adverse weather conditions, a pandemic or epidemic or any statutory restriction). In these circumstances, We shall use every effort to notify You as soon as is reasonably practical. If, as a result of such events, We believe We have no alternative but to cancel Your booking, We shall use reasonable endeavours to help You find an alternative Venue of a similar standard for a similar price but our sole liability to You shall be to refund You any money You have paid.
9. Limitation of our liability to You
9.1. Use of the Venue is at Your own risk.
9.2. Subject to paragraph 10.2, our total liability to You for any loss You incur will be limited to the total amount of the Hire Charge. We will not be liable for any losses which were not reasonably foreseeable to both You and Us when the contract was entered into or for any losses that were not caused by any breach of contract or breach of statutory duty or negligence on our part.
9.3. Nothing in these terms excludes or limits in any way our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal or unlawful for Us to exclude or limit (or attempt to exclude or limit) our liability.
10.1. You may not transfer any of Your rights or obligations under our contract with You to another person without our prior written consent, which We will not withhold unreasonably. We can transfer all or any of our rights and obligations under the contract to another organisation, but this will not affect Your rights under these terms.
10.2. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
10.3. No person who is not a party to our contract with You shall have any rights under or in connection with it.
10.4. All written communications by You to Us must be sent by first class post to Carswell Cottages, Carswell Farm, Holbeton PL8 1HH or by e mail to firstname.lastname@example.org (or to such other address that We may notify to You).
10.5. These terms shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.