BOOKING POLICY
Booking Terms & Conditions
TERMS AND CONDITIONS THIS IS A LEGAL DOCUMENT BETWEEN US (BENGUELA COVE INVESTMENTS LTD t/a MANNINGS HEATH GOLF AND WINE ESTATE) AND YOU, OUR CUSTOMER. PLEASE ENSURE YOU HAVE READ THESE CAREFULLY AND THAT YOU UNDERSTAND THE TERMS OF THIS CONTRACT.
1. INTERPRETATION
1.1 When the following words are used, this is what they will mean in this Contract: Actual Food/Beverage Charges- the amounts charged by us in relation to the Event plus the food and beverage costs actually incurred by the Actual Guests.
Anticipated Food/Beverage Charges – any amounts charged by us in relation to the Event plus the forecasted food and/or beverage for the minimum Numbers as itemised in the Booking Confirmation and subsequently.
Actual Guests – the number of Guests who actually attended the Event. Anticipated Guests – the number of Guests anticipated to attend and identified in accordance with clause
4.1. Booking Confirmation – the written confirmation of the Event booking which contains the services requested by you and which we agree to supply and for which you have made due payment. Charges – the fixed charges itemised in the Booking Confirmation plus either (as applicable) (a) the Anticipated Food/Beverage Charges where the Actual Guests are less than either the Minimum Numbers or Anticipated Guests or (b) the Actual Food/Beverage Charges.
Deposit – Any deposit or deposits required to secure your booking and payable as outlined in your Booking Confirmation. Estimated Total Price - the price specified in the Booking Confirmation or, if higher, as calculated on the basis of the number of Anticipated Guests. Event - the event booked by you, specific details of which are set out in the Booking Confirmation.
Event Date – the commencement date of the Event as specified in the Booking Confirmation. External Contractor - any third party providing goods and/or services at the Venue in relation to the Event. Guest - any person attending the Event.
Manager - the Venue’s manager in control of the Event. Minimum Numbers - the number specified in Booking Confirmation. Venue - property owned/operated by Benguela Cove Investments Ltd and as may be referred to in your Booking Confirmation.
2. RESERVATIONS, BOOKINGS AND DEPOSIT CONDITIONS
2.1 These (together with the Booking Confirmation) are the terms on which we will provide the Event to you. Please ensure that you read these terms and the Booking Confirmation carefully. If you require clarification or believe there is a mistake please contact us immediately.
2.2 Our acceptance of your order will take place when we write to you to accept it and you pay the Deposit, at which point this contract, whether signed by you or not, will come into existence between you and us.
2.3 Any Deposit paid (other than a breakage deposit) is not refundable or transferable and shall relate solely to the Event specified in the Booking Confirmation. 2.4 Any changes to the Booking Confirmation are at Manager’s discretion.
2.5 Unless otherwise expressly confirmed in writing by the Manager, you and your Event will not have exclusive use of the Venue’s facilities.
3. ACCOMMODATION, VENUE AVAILABILITY & VACATING
3.1 Unless otherwise specified by the Manager in writing:
3.1.1 The Venue will be available from the time on the date specified in the Booking Confirmation, and 3.1.2 Accommodation check-out time is 10h00 on the departure date stated in the Booking Confirmation.
3.2 Entry and exit times for all function rooms and/or facilities set out in the Booking Confirmation are to be strictly adhered to. The Venue reserves the right to make further charges for late exit at the then prevailing rate which will be notified to you.
3.3 The Venue reserves the right to move or vary any rooms allocated to Guests.
4. CHANGING THE GUEST NUMBERS
4.1 As advised in your Booking Confirmation, it is your responsibility to confirm in writing the anticipated Guest numbers and any special requirements and full details of any Guest food allergens in the case of pre-ordered food. Late notifications may result in us being unable to comply with your requests.
4.2 The number of Guests may be increased subject to Venue discretion and to any maximum capacity numbers.
4.3 Any increase in Guest numbers will be charged on a pro-rated basis.
4.4 The contracted number of Guests may, at the Venue’s discretion, be reduced by the Customer without charge. No reductions may be made within eight days of the Event Date.
5. HOW TO CANCEL THE CONTRACT
How we can end the Contract:
5.1 We reserve the right to cancel the Event or any part of it if: 5.1.1 You or your Guests fail to comply with or breach any term of this Contract and, where possible, fail to remedy this within 14 days;
5.1.2 You or your Guests fail to comply with any permission, licence or consent relevant to the Event;
5.1.3 You are insolvent or unable to pay your debts or if we have any reasonable grounds to believe that this is likely to apply at any time whilst sums will remain owing to us;
5.1.4 In our opinion the Event may prejudice or detrimentally affect the reputation of the Venue; or 5.1.5 If at any time before the Event, it becomes clear that the Event would be unsuitable to the Venue or its other guests.
5.2 In the event that we cancel the Contract for the reasons stated above, you shall forfeit the Deposit.
How you can end the Contract:
5.3 You may notify us at any time when you wish to cancel this Contract. Unless otherwise stipulated in your Booking Confirmation the consequences of you terminating the Contract are that: 5.4 If you notify us in writing that you wish to terminate the Contract, you shall forfeit and/or become liable for the follow sums: 5.4.1. all deposits paid and payable by the date of cancellation;
5.4.2. all deposits paid and payable and (if greater) 75% of the Estimated Total Price where cancellation less than one month from the Event Date; 5.4.3. all deposits paid and payable and (if greater) 85% of the estimated total price where cancellation occurs less than two weeks from the Event Date.
5.5 Any postponement or delay to the Event Date shall be treated as cancellation and the cancellation charges shall apply.
6. PAYMENT AND CHARGES 6.1 Unless other wise specified in the Booking Confirmation, you are responsible for the Charges incurred by your Guests. Details of available payment methods are available upon request. We recognise that guest numbers may change; therefore your costs are calculated based on your initial guest numbers and then updated in accordance with this clause. What charges do I have to pay?
6.2 The Charges are calculated by reference to the number of Guests and further details as to how the Charges are calculated are specified in the Booking Confirmation. For the purpose of calculating the Charges due from you, the Charges will be based upon the higher of: 6.2.1. the Minimum Numbers as stipulated in the Booking Confirmation; or 6.2.2. the number of Anticipated Guests; or 6.2.3. the number of Actual Guests; plus the cost of any accommodation specified in the Booking Confirmation or further costs incurred where not paid for in full by the Guests.
How are the Charges paid?
6.3 You agree to pay the anticipated Charges as follows: 6.3.1. the Deposit(s) on the dates stipulated in the Booking Confirmation; 6.3.2. the remaining anticipated charges on the dates outlined in the Booking Confirmation together with any fur ther charges for additional ser vices requested by you.
All charges invoiced must be paid prior to the Event Date.
6.4.1. In the event that the amounts paid prior to the Event Date are less than the actual food/beverage/service charges and other costs incurred by the Venue you will be responsible for paying these to the Venue on the date of the Event or, if agreed with the Venue, within 10 days of invoice. If you require the charges to be split amongst more than one account an administrative charge of 12% will be charged.
6.4.2. If any amount remains after the Event Date which is not due to us in respect of the Charges or in respect of breakages, it will be returned to you within 18 days of the Event Date. Any unused breakages deposit may be used by us to offset against any unpaid charges due to us.
6.4.3. Breakages and damages will be charged at cost of item broken plus VAT plus 15% handling fee.
6.4 If an invoice raised under this Contract is not paid within 14 days of the invoice date, we reserve the right to charge interest on the outstanding amount at a rate of at the base rate of Barclays bank plus three (3)% per annum.
6.5 We may also terminate this Contract if sums are not paid within 14 days of us reminding you that they are due.
6.6 We reser ve the right to make an additional charge of 2.5% of the value of any payment made by credit card.
6.7 A service charge may be applied to all food and beverages served at the Venue.
6.8 All sums payable under this Contract shall be paid in full and are inclusive of Value Added Tax (VAT) unless otherwise stated.
7. GUEST CONDUCT AND ENTERTAINMENT
7.1 External Contractors are admitted to the Venue at the discretion of the Manager and subject to production of valid public liability insurance with a reputable insurer (acceptable to the Venue) and other safety certifications that the Manager may deem appropriate.
7.2 You and all External Contractors shall comply at all times with all regulations (whether statutory or otherwise) which apply to the goods or services provided by them. You acknowledge that you are responsible for ensuring that all External Contractors comply with this clause and the relevant terms of this Contract.
7.3 You acknowledge that your Guests are required to comply with requests made by the Venue or its staff in relation to their conduct and behaviour whilst at the Venue and that noise levels are to be maintained at a reasonable level throughout the duration of the Event. Live Entertainment must not exceed eighty five decibels.
7.4 Should any Guests or External Contractors behave in a manner considered unacceptable to us then we, in addition to any other rights that we may have, reserve the right to remove any persons and their property from the Venue and/or terminate the Contract without refund or compensation.
8. OUR STANDARDS OF SERVICE
8.1 The Venue is under a legal duty to provide the Event in accordance with the terms of this Contract which includes the Booking Confirmation and terms agreed between you and the Venue during any subsequent meetings.
8.2 You and your Guests acknowledge that all marketing information, quotations, specifications, descriptions or drawings issued by the Venue or contained in the Venue’s brochures are issued for the sole purpose of giving an approximate idea of the available rooms and shall not form part of this Contract. If you have specific requirements, please alert us immediately.
8.3 If you have a complaint about the Event or any of our staff please contact the Manager in the first instance.
9. LICENSING AND CONSENTS
9.1 On written request and subject to you providing adequate notice and paying any additional costs, the Venue will apply for such additional licences, consents and permits as may be necessary to perform the Event. The Venue shall not be responsible for any unsuccessful application and you acknowledge that this Contract is not conditional upon such application. You agree to comply with the terms of all licences, consents and permits and any decision or recommendation by the licensing officer or other licensing or entertainment authority.
10. HEALTH AND SAFETY POLICIES
10.1 You and your Guests shall comply at all times with (and ensure External Contractors comply with) all fire, electrical, health and safety regulations.
10.2 All External Contractors and Guests may be required to sign-in at the Venue’s front desk/reception on arrival.
10.3 No fireworks (including silent or smokeless fireworks) or Chinese lanterns are permitted at the Venue at any time.
10.4 The Venue operates a strict fire and emergency policy to protect all persons present at the Venue. We do not accept any liability or loss caused to you or your Guests as a result of any fire alarm and other emergency procedures taking place (whether planned or unplanned).
10.5 No items or equipment may be fixed to the walls, floors and/or ceilings of the Venue nor may you, External Contractors or Guests use smoke machines, lasers, cracked oil, dry ice or any form of pyrotechnic matter without the prior written consent of the Manager or the relevant public authorities.
10.6 The Venue has the right to refuse access to any person, equipment or material if in the Venue’s opinion if it considers that access and/or use of the proposed person, equipment or material may cause damage to the Venue's premises.
11. OUR LIABILITY TO YOU
11.1 We are responsible to you for foreseeable loss and damage caused by the Venue. If we fail to comply with this Contract we are responsible for loss or damage you suffer that is a foreseeable result of breaking this contract or our failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12. EVENTS BEYOND OUR CONTROL
12.1 We shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances, the Venue shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 30 consecutive days, you may terminate this agreement with 7 days’ written notice.
13. TERMINATION 13.1 This Contract will terminate after the Event Date. However, you shall remain responsible for the Charges which are unpaid and remain due.
14. GENERAL
14.1 You agree not to (and shall ensure that all Guests and External Contractors do not ) (a) use the name, logo or any details of the Venue for any matter, or (b) permit external food or beverage to be brought into the Venue or (c) display individual company or function signage within the public areas of the Venue.
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 This contract is between you and us. No other person shall have any right to enforce any of its terms
14.5 All notices between the parties shall be in writing and delivered by hand or sent by pre-paid first class post or e-mail to the address notified to the other party from time to time. The receipt is deemed to be 2 working days after posting or on the day of delivery or transmission if delivered/sent by hand or e-mail.
14.6 This Contract constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the parties relating to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
14.7 No variation or alteration of any of the Contract shall be effective unless it is in writing and signed by the Manager on behalf of us.