These Terms and Conditions of hire apply to advanced room and/or facility bookings at 01zero-one.
1. Definitions
1.1 Booking Request Form means a request made to 01zero-one for the use of the Facilities by the Hirer using the form provided to actual or potential hirers by 01zero-one to be completed by the Hirer confirming the date and time booked for the Event, the Selected Facilities, the Charge, the maximum number of Delegates permitted to attend the Event and any other requirements the Hirer may have;
1.2 Charge means the total charge for the hire of the Selected Facilities, including any charge for additional services (for example, any food and beverages) and other requirements as confirmed by 01zero-one in writing following the Booking Request Form or as otherwise agreed in writing;
1.3 College means Westminster Kingsway College;
1.4 Contract means the contract for hire between 01zero-one and the Hirer incorporating these Terms and Conditions, the accepted Booking Request Form (as may be varied by agreement before acceptance by the College), the relevant Charge(s) and the description and limitations of the Selected Facilities from the available Facilities;
1.5 Delegates means all persons attending the Event on behalf of or at the invitation of the Hirer;
1.6 Event means the training course, conference, meeting, reception or other function for which the Hirer agrees to use the Facilities as detailed in the Booking Request Form (as varied by the College if relevant);
1.7 Facilities means these Facilities which the College makes available for hire from time to time, as specified in the College conference hire documentation;
1.8 Selected Facilities means the facilities specified in the accepted Booking Request Form (as varied by the College if relevant) at the College from these available Facilities;
1.9 Hirer means the person, firm, company or other organisation specified in the Booking Request Form responsible for hiring the Facilities for the Event;
1.10 Hire Period means the period for which the Selected Facilities are used by the Hirer for the Event which, unless otherwise agreed between the parties in writing in advance, is subject to a minimum four hour period during the College.s normal opening hours at the following times only: 9am-1pm, 1pm-5pm and/or 5pm-9pm (the latter being available during the College.s normal term times only); and
1.11 Parties means the College (01zero-one) and the Hirer.
2. The Contract
2.1 Subject to any variation under Clause 2.2 below, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations, including any terms or conditions which the Hirer purports to apply under a purchase order, confirmation of hire or any other similar document, whether or not referred to in the Contract. The Hirer, upon signing the Booking Request Form, shall be deemed to have accepted and agreed to be bound by these Terms and Conditions which the Hirer acknowledges have been made available to it.
2.2 Each Booking Request Form submitted by the Hirer shall be deemed to be an offer by the Hirer to hire the Facilities subject to these Terms and Conditions. The Contract is formed when acceptance of the Booking Request Form is confirmed by the College to the Hirer in writing. No Contract shall come into existence until this confirmation is issued by the College. The College may vary the requested details in the Booking Request Form before its acceptance and if these changes are agreed by the Hirer, the revised Booking Request Form shall be deemed the offer and form the basis of any resultant contract.
2.3 Subject to these Terms and Conditions the terms of the Contract may not be varied by the Hirer without the prior agreement in writing of the College.
3. The College’s obligations
3.1 The College undertakes with the Hirer to provide the Selected Facilities for the Hire Period and that the Selected Facilities are of satisfactory quality and/or will be provided with reasonable care and skill.
4. Bookings
4.1 Any provisional bookings must be confirmed within one month by returning a completed Booking Request Form to the College.s Training & Conference Manager together with a non-refundable deposit representing 50% of the total Charge. All deposits received in respect of a Contract will be deducted from the final invoice for such Contract. The deposit shall only be refundable if the College cannot fully perform the Contract (other than due to force majeure events and/or the Hirer or third party default).
4.2 In order to book the Facilities, the Hirer must complete a Booking Request Form. The Hirer undertakes to complete the Booking Request Form honestly and accurately and will promptly notify the College of any changes.
4.3 The Hirer must provide the College with the final total number of Delegates no later than 10 days prior to the commencement of the Hire Period. Please note that the actual Charges made for the hire of the Selected Facilities will be based on:
4.3.1 the number of Delegates booked and notified at least 10 days before the commencement of the event; or
4.3.2 the actual number of Delegates whichever is the greater; and
4.3.3 the Hire Period and Selected Facilities confirmed in the contract; or
4.3.4 the actual period of hire if longer and/or the actual facilities used if in excess of the Selected Facilities.
4.4 The College reserves the right not to accept any Booking Request Form or part thereof submitted and may deal with Booking Request Forms in such order of priority as it thinks fit.
4.5 Extensions to confirmed bookings may, at the discretion of the College, be accommodated subject to 10 days prior notice being provided by the Hirer, subject to availability of the Facilities.
5. Cancellation
5.1 Any cancellation must be notified to the College in writing as soon as reasonably possible before the hire period.
5.2 A cancellation fee (plus VAT) equal to the following percentage of the relevant Charge will apply:
5.2.1 if the notice of cancellation is more than 10 working days prior to the start date of the Hire Period, the cancellation fee will be 20% of the Charge;
5.2.2 if the notice of cancellation is 10 working days or less prior to the start date of the Hire Period, the cancellation fee will be 100% of the Charge;
5.3 The Hirer acknowledges that where an accommodation booking has been made with the assistance of the College this is a separate contract between the Hirer and the provider of the accommodation and does not involve the College.
6. Charges
6.1 Unless otherwise agreed in writing between the Parties in accordance with these Terms and Conditions, the Charges for the hire of the Selected Facilities shall be as set out in the conference hire charges list of the College from time to time. General hire charges are normally revised every 12 months.
6.2 The College reserves the right to alter the Charges (in accordance with Clause 11, Clause 17 or otherwise at its sole discretion) at any time before the Event if it reasonably believes it is necessary to do so as a result of relevant costs increases. The College shall give the Hirer as much notice as reasonably possible of such Charge increase. If the College does increase the published Charges, the Hirer will be given an opportunity to cancel the Contract without a cancellation charge being made in accordance with Clause 5 within 7 days of the Hirer being so notified.
6.3 A minimum charge is applied to the Hirer Periods falling on weekends or public holidays.
7. Value Added Tax
7.1 Unless otherwise stated, all bookings will be charged VAT at the rate applicable at the time of invoicing.
7.2 VAT may not be payable in the following circumstances and at the discretion of the College where:
7.2.1 the Facilities are being hired for conferences or courses organised solely by the College, where the educational content is considerable; and/or
7.2.2 the Facilities are being hired for conferences or courses organised by the College and an outside body, where the educational content is considerable.
7.3 For the avoidance of doubt, members of the College acting as Hirer in a private capacity are not exempt from VAT.
8. Payment
8.1 Unless otherwise confirmed by the College to the Hirer in advance of the Contract being formed:
8.1.1 the College shall invoice the Hirer for the Charge before the Event; and
8.1.2 the Charge shall be payable by the Hirer in full without deductions (save for any deposit received), restrictions or set-offs at least 10 days prior to the commencement of the Hire Period.
8.2 Where the Booking Request Form is confirmed in writing by the College to the Hirer less than 10 days prior to the commencement of the Hire Period, payment of the Charge shall be due as soon as reasonably possible and in any event before the commencement of the Hire Period.
8.3 The amount of any deposit received from the Hirer will be credited against the Charge.
8.4 All payments made to the College must be made by bank transfer or credit/debit card in Pounds Sterling.
8.5 In the event of non-payment of the Charge by the Hirer in accordance with the timescales set out (or otherwise agreed) in accordance with this Clause 8, the College reserves the right to:
8.5.1 terminate the Contract in accordance with Clause 25; or
8.5.2 charge the Hirer interest at 1 % above the Bank of England.s base rate (from time to time) from the date on which the Charge was due to the date of actual payment thereof by the Hirer.
8.6 Queries on invoices should be notified to the College in writing within 14 days of receipt of the invoice from the College. If part of an invoice is disputed the undisputed remainder must be paid in accordance with this Clause 8.
9. Force Majeure
9.1 The College will be under no liability to the Hirer, nor be deemed in breach of the Contract, if as a result of circumstances beyond the College’s reasonable control including, but not limited to, fire, strike or order by any public authority, the College is unable to provide the Facilities for the Event booked by the Hirer.
9.2 In such event the College will only repay to the Hirer any part of the Charge paid by the Hirer by way of deposit.
9.3 In the event of cancellation of the Contract due to any event beyond the College.s reasonable control, the College shall not be liable to the Hirer for any loss which it may sustain in consequence of any such cancellation or suspension (whether in negligence or otherwise).
10. General Conditions of Hire
10.1 Events must be for educational purposes only and open only to the Delegates and shall not, in the reasonable opinion of the College, be:
10.1.1 immoral;
10.1.2 unlawful;
10.1.3 contrary to the public interest;
10.1.4 contrary to the general health and safety of the staff and students of the College, the Delegates and/or the general public;
10.1.5 contrary to the best interests of the College, its staff and/or students; or
10.1.6 otherwise likely to bring the College into disrepute. Events contrary to this Clause 10.1 shall allow the College to terminate the Contract in accordance with Clause 25.2.
10.2 The agreed number of Delegates for an event should not be exceeded without prior written consent of the College.
10.3 Hazardous or dangerous items may not be brought onto the College premises without prior written permission of the College.
10.4 The Hirer and all Delegates must act lawfully and in a proper and orderly manner and comply with all reasonable requests from the College staff whilst on any College premises. The College reserves the right to remove from the College premises at any time during the Event any Delegate who is not acting in such manner.
10.5 Additional services requested during the Event and changes to agreed timings may incur additional charges.
10.6 A strict ‘No Smoking’ policy applies on the College premises.
10.7 Delegates must display delegate badges showing the Hirer.s name and the date of the Event at all times while on the College premises and the Hirer shall procure such badges are provided and worn accordingly.
10.8 The College.s Training & Conference Manager must be informed in advance in writing at least ten days before the start of the Hire Period of any .high profile. speaker, guest or delegate expected to attend during the provision of the Event.
10.9 The Hirer must not publicly advertise the Event (to the extent the College and/or its Facilities are mentioned) without prior written authorisation of the content and format of such advertisements from the College.
10.10 The Hirer must neither sell nor attempt to sell any tickets in connection with the Event nor sell any type of goods or services (other than the provision of the Event to Delegates) on the College premises.
10.11 The Hirer must not affix any notices, decorations or signs to any parts of the Facilities without prior written authorisation from the College. Should the Hirer do so, the College will remove such notices, decorations or signs without informing the Hirer and the College shall be entitled to charge the Hirer for any damage caused.
10.12 The Hirer must not apply for a licence for the sale of liquor or food for the Event and must not provide its own food or drink (nor any alcohol) at the Event or on the College premises. Any catering must be provided through the College.s catering services, in accordance with Clause 11.
10.13 Children and adults with special needs must be accompanied at all times when on any part of the College.s premises.
10.14 The Hirer shall procure that all Delegates comply with the above general conditions.
11. Catering
11.1 At certain sites, the College has its own catering provider which shall be the sole caterer for all events unless otherwise agreed in writing in advance. Catering services for Events should be booked through the College using the Booking Request Form.
11.2 A minimum charge for catering services may be applied to Events held on a Saturday or Sunday or public holiday.
11.3 Where catering is being provided under this Clause 11, final numbers for catering must be communicated to the College.s Training & Conference Manager in writing at least 10 working days prior to the date of the Event.
12. First Aid
Hirers are responsible for first aid for Delegates and at the Event and should ensure that there is adequate first aid by arranging for St. John.s Ambulance to be in attendance during the Hire Period, if necessary. In the absence of St John’s Ambulance Service, a College first aider can be reached by contacting security from an internal telephone. Reception will also be able to summon the Emergency Services if necessary.
13. Loss or Damage to Property
13.1 The Hirer shall be held responsible for any loss of or damage by it and/or any Delegate(s) to any property placed or left on the College premises (and/or to the College premises and/or Facilities and/or property).
13.2 Reasonable charges for any such damage and any resulting losses will be added to the final invoice. The College cannot accept responsibility for any loss of, or damage to, the personal property and/or vehicles of Delegates. The Hirer should ensure that the Delegates are advised to be careful regarding the security of their belongings.
14. Parking and Access
14.1 The Hirer will ensure that only the allocated parking spaces (if any) as notified in writing by the College are used by the Delegates and that any other parking spaces, roads or access ways surrounding or adjacent to the Facilities are not used or obstructed in any way.
15. Insurance
15.1 Subject to Clause 15.2 below, the Hirer shall be responsible for any loss, liability or costs (including reasonable legal costs) incurred by the College as a result of or in relation to any breach of the Contract by the Hirer (or any Delegate) and the negligence of the Hirer or any Delegate in relation to the contract and/or Event. The Hirer shall have a valid insurance policy in place with a reputable UK insurer for the Event for the full Hire Period. The College reserves the right to see such policy and proof of payment of premiums.
15.2 Where the Hirer is not a business, the Event may be covered by the College.s insurance policies. It is the responsibility of the Hirer to check this with the College before holding the Event and where such policies are not applicable, to comply with Clause 15.1 above.
16. Statutory Requirements
16.1 The Hirer acknowledges that the College may need to take reasonable steps to ensure freedom of speech within the Law (Education (No.2) Act 1986) and agrees to assist the College to ensure freedom of speech. This applies, in addition to students and staff, to speakers at meetings organised by outside bodies using the Facilities.
16.2 The Hirer must obtain prior written permission from the Training & Conference Manager of the College before allowing press, television and radio coverage of the Event.
16.3 No identification either pictorial or verbal of the College is permitted without prior written consent from the College. For the avoidance of doubt, this includes any use of the College.s intellectual property rights, including its logos from time to time.
16.4 The Hirer shall not and shall not allow any of the Delegates to make any statement that is knowingly defamatory, disparaging of or derogatory of or to any body or person including the College or its representatives.
17. Health and Safety
17.1 The Hirer shall at all times (and shall procure that all Delegates shall at all times) whilst on the College premises comply with the College.s Health and Safety Policy, a copy of which shall be provided to the Hirer upon request.
17.2 The Hirer shall, upon the College.s reasonable request, assist the College.s Training & Conference Manager with the preparation of an Event / Function Risk Assessment, in accordance with the College.s Health and Safety Policy.
18. Emergency Situations
18.1 The Hirer must ensure that:
18.1.1 all emergency exists remain clear with unhampered access; and
18.1.2 it complies with the College emergency evacuation procedures which are prominently displayed in every part of the College premises.
18.2 In the event of a fire the Hirer must ensure that its Delegates evacuate the building by the nearest exit and assemble in the designated area. The College.s Training and Conference Manager must be informed in writing 5 working days prior to the Event in advance of any Delegate who may require specific assistance in the event of an emergency.
19. Security
19.1 A minimum charge for security services may be applied to Events held on a Saturday or Sunday or public holiday.
19.2 If the College.s security services are required during the Event the Hirer should call the appropriate security number for the location as set out in the .Important Information for Hirers. document. If the Emergency Services are required the College.s security staff will summons them.
20. Electrical Equipment
20.1 The Hirer will not install or leave on the College premises any mechanical, electrical or other equipment without the prior written consent of the College. Where such equipment has been installed or left on the premises with the College.s consent, the Hirer shall ensure that such equipment is compatible with the College.s power supply and with other equipment or appliances of the College and is installed and operated in accordance with the manufacturers. instructions. Any such equipment or appliances must comply with all relevant legislation and regulations.
20.2 The Hirer warrants and confirms in writing that all portable electrical appliances brought onto College premises are electrically sound. The College reserves the right to test any such appliances at its absolute discretion. Appliances which fail such testing must not be used by the Hirer on the College premises.
20.3 If the Hirer leaves any equipment or appliances or other items on the College premises after the Event, the College will be entitled to remove and store such items and the Hirer will reimburse the College in respect of the cost of such removal and storage. If the items are not promptly collected and reasonable storage charges paid, the College may sell them and use the proceeds against any outstanding charges.
21. Intellectual Property
21.1 Where an Event involves the use of copyright work, the Hirer warrants that it will obtain all necessary licences, permissions or consents prior to the Event and will not infringe the intellectual property rights of any third party.
21.2 The Hirer shall keep the College indemnified at all times against all or any costs, claims, damages or expenses incurred by the College, or for which the College may become liable, with respect to any intellectual property infringement claim or other claim relating to works or inventions materials and/or brands or marks used during or in relation to the Event. The Hirer shall maintain adequate liability insurance coverage accordingly.
22. Exclusion of Liability
22.1 In the event of any breach of the College.s express obligations under Clause 3 the remedies of the Hirer will be limited to damages.
22.2 The College does not exclude its liability (if any) to the Hirer:
22.2.1 for personal injury or death resulting from the College.s negligence or that of its employees;
22.2.2 for any matter which it would be illegal for the College to exclude or to attempt to exclude its liability; or
22.2.3 for fraud.
22.3 Except as provided in Clause 21.2, the College will be under no liability to the Hirer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any (a) indirect or consequential loss; or (b) pure economic loss; or (c) loss of profits, business, depletion of goodwill (whether of a direct or indirect nature) and/or any like loss howsoever caused arising out of or in connection with the hiring of the Facilities.
22.4 The aggregate liability of the College under or in connection with the Contact for loss caused to the Hirer, whether arising from contract, negligence or otherwise, shall be limited to the total Charges for the Event.
23. Data Protection
23.1 In this clause all defined terms are as contained in the Data Protection Act 1998 (¡°DPA¡±). The Hirer acknowledges that in respect of any personal data (as defined in the DPA) that it may pass to the College or Delegates in relation to the Contract (Personal Data) the Hirer will act as a Data Controller and primarily the College as a Data Processor (both as defined in the DPA). Accordingly, the College agrees that it will perform its obligations in accordance with the DPA at all times and that it will only process such provided Personal Data in accordance with the Hirer.s instructions in relation to the provision of the Selected Facilities in accordance with the contract.
23.2 The College acknowledges that the information and data which the Hirer provides to the College in its capacity as a Data Processor remains the property of the Hirer at all times.
23.3 At times, the College may also act as a Data Controller in relation to the personal data received from the Hirer and in such cases the College shall process the personal data solely in accordance with its legal obligations and as otherwise permitted by the DPA.
23.4 Following termination of the Contract, howsoever arising, the College may process the Personal Data only for so long as is necessary to perform such agreed service (or as otherwise may be required by law or for the College lawful risk management) or, where acting as Data Controller, as otherwise permitted under the DPA. The College agrees to securely destroy any records and documentation held by it solely as a Data Processor accordingly on the expiry of any such period and will not retain any copy, abstract, precise or summary of any Personal Data thereafter.
23.5 The Hirer shall be responsible for compliance with DPA in relation to the Personal Data.
24. Freedom of Information
24.1 The Hirer acknowledges that the College is a public authority subject to freedom of information, environmental information regulations and similar legislation (¡°FOIA¡±). Accordingly, all information submitted to the College may need to be disclosed by the College in response to a request under FOIA.
24.2 The Hirer shall use its best endeavour to assist and co-operate with the College to enable the College to comply with these information disclosure requirements.
24.3 If the Hirer considers that any of the information it submits to the College is confidential or commercially sensitive, the Hirer shall identify such information clearly and explain (in broad terms) why it is sensitive and what harm may result from its disclosure.
24.4 Even where the Hirer has indicated that the information is confidential or commercially sensitive, the College may still be required to disclose it by law. Material marked ‘confidential’ or equivalent is not conclusive and the College must decide whether or not to disclose any information on a case-by-case basis.
24.5 The College shall not be responsible to the Hirer for any loss, damage, harm or detriment howsoever caused whether in negligence or otherwise arising from or in connection with the disclosure of any information relating to the Hirer in respect of any request for information under FOIA or otherwise required by law.
25. Assignment
The Hirer shall not be entitled to assign, licence, dispose of or subcontract in whole or part any of its rights and obligations under the Contract.
26. Termination
26.1 The College reserves the right to terminate the Contract forthwith by written notice to the Hirer if the Hirer:
26.1.1 is in breach or default of any of the provisions of the Contract and/or any of these Terms and Conditions; or
26.1.2 becomes insolvent, enters into liquidation, bankruptcy, administration or receivership; or
26.1.3 fails to pay the Charge required under Clause 8.
26.2 Where the College reasonable believes that the Hirer is or will be in breach of Clause 10.1, the College reserves the right to terminate the Contract immediately.
26.3 In the event of the Contract being terminated pursuant to Clause 25.1, the Hirer will be deemed to have cancelled the Event and the Hirer will be liable to pay a cancellation charge as provided in Clause 5.
27. Miscellaneous
27.1 Access to meeting rooms within the Facilities is available from [9.00am until 9.00pm] on weekdays during term-time and [9.00am to 5.00pm] at all other times (save for Christmas Day and New Years Day). Variations to these times must be agreed in writing between the Parties.
27.2 Reception and security shall be open as set out in the ‘Important Information for Hirers’ document.