1. APPLICATION OF CONDITIONS
1.1. In these Conditions, the following terms shall have the following meanings:
Accommodation: such accommodation at the Premises as is selected for use by the Client and its guests, as set out in the Accommodation Booking Form
Accommodation Booking Form: the booking form, which accompanies these Conditions
Accommodation Deposit: the deposit payable for the Accommodation, as specified in the Accommodation Booking Form
Accommodation Fees: the total fees for the Accommodation as set out in the Accommodation Booking Form
Accommodation Manager: such person as may be designated from time to time as the Accommodation Manager by the Owner
Accommodation Rules: any rules and regulations made by the Owner from time to time governing the Client’s use of the Accommodation and the Common Parts, including those set out in the Schedule.
Agreement: the Accommodation Booking Form signed by the Client and the Owner incorporating these Conditions.
Bridal Suite: the bridal suite provided as designated by the Owner from time to time.
Check In Date: the date specified in the Accommodation Booking Form for checking in to the Accommodation.
Check Out Date: the date specified in the Accommodation Booking Form for checking out of the Accommodation.
Check In Time: the time specified in the Accommodation Booking Form for checking out of the Accommodation.
Check Out Time: the time specified in the Accommodation Booking Form for checking out of the Accommodation.
Client: the person or persons who sign(s) the Accommodation Booking Form.
Common Parts: such entrance halls, corridors, staircases, landing and other means of access in or upon the Accommodation the use of which is necessary for obtaining access to and egress from the Accommodation as designated from time to time by the Owner.
Conditions: these Accommodation Terms & Conditions.
Cottages: one of the cottages which forms part of the Premises.
Due Date: has the meaning set out in the Accommodation Booking Form.
Estate: the area surrounding the Premises and the Common Parts.
Event Date: the date of the Accommodation as set out in the Accommodation Booking Form.
Licence Period: the period from and including the Check In Time on the Check In Date until the Check Out Time or such other hours as the Owner in its absolute discretion may determine in writing.
Owner: Nici Hotels Ltd, a company incorporated in England and Wales under no. 10934327, whose registered office is at Harbour House, 60 Purewell, Christchurch, England, BH23 1ES, trading as Northbrook Park Mews.
Premises: all that land and buildings known as Northbrook Park Mews, Northbrook Estate, Farnham, Surrey, GU10 5EU Farnham, Surrey, GU10 5EU or such reduced or extended area as the Owner may from time to time designate as comprising the Premises.
Preparation Room: a preparation room within one of the Cottages, as designated by the Owner from time to time.
Security Deposit: the security deposit payable in connection with this Agreement, as specified in the Accommodation Booking Form.
Service Media: all media for the supply or removal of heat, electricity, gas, water, sewage, air-conditioning, energy, telecommunications, data and all other services and utilities and all structures, machinery and equipment ancillary to those media.
VAT: value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.
1.2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3. The Schedule forms part of this licence and shall have effect as if set out in full in the body of this licence. Any reference to this licence includes the Schedule.
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6. A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
1.7. Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.8. A reference to writing or written includes email.
1.9. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.10. References to clauses and Schedules are to the clauses and Schedules of this licence and references to paragraphs are to paragraphs of the relevant Schedule.
1.11. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.12. The obligations and liabilities of the Client under this Agreement are joint and several.
1.13. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. LICENCE TO OCCUPY
2.1. Subject to clauses 3 and 5 , the Owner permits the Client and its guests;
a) to occupy the Accommodation for the Licence Period;
b) to use and occupy the Preparation Room from 10:30 am on the Event Date until the Check Out Time;
c) to use such parts of the Common Parts for the purpose of access to and egress from the Accommodation during the Licence Period (and from 10:30 in the case of the Preparation Room) as shall from time to time be designated by the Owner for such purpose; and
d) to use the Service Media serving the Premises during the Licence Period (and from 10:30 in the case of the Service Media serving the Preparation Room).
2.2. Subject to clauses 3 and 5, the Owner permits the Client to occupy the Bridal Suite from 11:30 am on the Event Date until 10:00am on the Check Out Date.
2.3. The Client acknowledges that:
a) the Client and its guests shall occupy the Accommodation (and the Bridal Suite) as a licensee and that no relationship of landlord and tenant is created between the Owner and the Client or its guests by this Agreement
b) the Owner retains control, possession and management of the Accommodation (and the Bridal Suite) and the Client has no right to exclude the Owner (or persons authorised by the Owner) from the Accommodation (or the Bridal Suite);
c) the licence to occupy granted by this Agreement is personal to the Client and its guests and is not assignable and the rights given in this clause may only be exercised by the Client and its guests;
d) The Owner may refuse to provide part or all of the Accommodation (or the Bridal Suite) and to require the Client or any of its guests to leave the Accommodation (or part thereof) and the Bridal Suite if in the sole opinion of the Owner that person’s conduct is in breach of the Accommodation Rules or is otherwise inappropriate; and
e) the Owner has given or made available to the Client the following information (save for where such information is already apparent from the context of the transaction):
i. The main characteristics of the Accommodation and the Estate;
ii. The Owner’s identity and contact details;
iii. The total Accommodation Fees or, if the nature of the licence to use the Accommodation is such that the Accommodation Fees cannot be calculated in advance, the manner in which they will be calculated
iv. The arrangements for payment, performance and the time by which (or within which) the Owner undertakes to perform its obligations; and
v. Details of how to access the Owner’s complaints handling policy.
3. CLIENT'S OBLIGATIONS
3.1. The Client agrees and undertakes (for itself and on behalf of its guests):
a) To pay or arrange payment of the Accommodation Deposit to the Owner by the date specified in the Accommodation Booking Form to secure their Accommodation
b) To pay or arrange payment of the Accommodation Fees (less the Accommodation Deposit) to the Owner by the Due Date.
c) To pay or arrange payment of the Security Deposit to the Owner by the by the Due Date
d) To keep the Accommodation clean, tidy and clear of rubbish.
e) Not to do or permit to be done on the Accommodation anything which is illegal or which may be or become a nuisance, (whether actionable or not) or cause any damage, annoyance, inconvenience or disturbance to the Owner or to occupiers of Northbrook Park or any owner or occupier of neighbouring properties.
f) Not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish.
g) To observe the Accommodation Rules and acknowledges and agrees that the Owner will have the right to refuse admission to the Accommodation by the Client or any of its guests or to require the Client or one or more of its guests to leave the Accommodation immediately if in the sole opinion of the Owner that person(s) conduct is inappropriate or they are otherwise in breach of the Accommodation Rules or this Agreement.
h) To vacate the Accommodation promptly by 10.00 am on the Check Out Date.
i) To leave the Accommodation in a clean and tidy condition and to remove the Client's goods and belongings from the Accommodation at the end of the Licence Period.
j) To indemnify the Owner and keep the Owner indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from
i. this Agreement and/or
ii. any breach of the Client's undertakings contained in clauses 2 and 3, such liabilities to be deducted from the Security Deposit. Where the Security Deposit is insufficient to meet such liabilities, the Owner shall be entitled to charge the Client for any additional costs and liabilities.
k) To comply with all noise restrictions notified by the Owner and use its best endeavours to ensure that the Client’s guests and all third parties engaged similarly comply with such restrictions; and
l) Not to use or access any part of the Estate after 11.30pm.
Any notice of cancellation must be made in writing to the Owner and arrive prior to the Accommodation Date.
In the event that the Client cancels the Accommodation, the Owner reserves the right to impose the following cancellation charges:
a) Less than 1 week prior to the date of the Accommodation: 100% of the Accommodation Fees
b) More than 1 week prior to the date of the Accommodation – no Fees to pay
The Owner shall be entitled to cancel the Accommodation upon written notice to the Client on the occurrence of:
a) the closure of the Accommodation, or any part thereof, due to circumstances outside the reasonable control of the Owner; or
b) the Insolvency of the Client; or
c) where any arrears of monies due to the Owner from the Client in relation to the Accommodation are outstanding for more than 14 days; or
d) any circumstances where the Owner gives the client not less than 2 months written notice beforehand; or
e) any other circumstance which, in the reasonable opinion of the Owner, would lead to either the reputation or property of the Owner being damaged by the Client or its agents.
In the event of cancellation by the Owner, the Owner will refund any advance payments made by the Client. The Owner shall not have any further liability towards the Client.
In addition to its other rights and remedies under this agreement, the Owner shall be entitled to terminate this Agreement upon written notice to the Client on the occurrence of:
5.1. the closure of the Accommodation, or any part thereof, due to circumstances outside the reasonable control of the Owner; or
5.2. the Insolvency of the Client; or
5.3. where any part of the Accommodation Fees are outstanding for more than 14 days; or
5.4. in any circumstances with the Owner giving the Client not less than 2 months written notice beforehand; or
5.5. any other circumstance which, in the reasonable opinion of the Owner, would lead to either the reputation or property of the Owner being damaged by the Client or its guests.. In the event of cancellation by the Owner, the Owner will refund any Accommodation Fees paid by the Client.
The Owner shall not have any further liability towards the Client
6. LIMITATION OF LIABILITY
This condition sets out the entire liability of the Owner to the Client in respect of
6.1. any breach of this Agreement,
6.2. any use made by the Client of the Accommodation; and
6.3. any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
Subject to the preceding condition and the following condition, the Owner's total liability in connection with the performance of this Agreement shall be limited to the Accommodation Fees.
Nothing in these Conditions limits or excludes the liability of the Owner
a) for death or personal injury resulting from negligence on the part of the Owner or its employees or agents; or
b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Owner.
The Owner will not accept any responsibility for any items of personal property, wedding presents or equipment belonging to the Client or its guests which are left unattended at the Accommodation.
7. FORCE MAJEURE
The Owner shall have no liability to the Client under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement by acts, events, omissions or accidents beyond its reasonable control, including strikes, lockouts or other industrial disputes (whether involving the workforce of the Owner or any other party), 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, breakdown of plant or machinery, fire, flood, storm or default of Owners or subcontractors.
8.1. Any notice given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to the relevant party as follows:
a) to the Owner at the address and email stated in the Accommodation Booking Form, marked for the attention of the Accommodation Manager; and
b) to the Client at the address and email stated in the Accommodation Booking Form,
or as otherwise specified by the relevant party by notice in writing to each other party.
8.2. Any notice given in accordance with clause 8.1 will be deemed to have been received:
a) if delivered by hand, on signature of a delivery receipt or at the time the notice [is left at the proper address;
b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; and
c) if sent by email, [email protected]
8.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
9. RIGHTS OF THIRD PARTIES
This Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
10. GOVERNING LAW AND JURISDICTION
10.1. These Conditions, this Agreement and the relationship between the Owner and the Client (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
10.2. If the Client is a consumer, it will benefit from any mandatory provisions of the law in its country of residence. Nothing in clause 9(a) takes away or reduces the Client’s rights as a consumer to rely on those provisions.
10.3. Any dispute, controversy, proceedings or claim between the Owner and the Client relating to these Conditions, the Agreement, or the relationship between the Owner and the Client (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the residency of the Client where it is a consumer.
11. COMPLAINTS AND FEEDBACK
11.1. We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
11.2. All complaints are handled in accordance with our complaints handling policy and procedure, available from the Accommodation Manager or from www.northbrookparkmews.co.uk
11.3. If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Conditions or the Accommodation, please contact us in one of the following ways:
a) In writing, addressed to the Accommodation Manager at the Estate Office at Northbrook Park Mews, Northbrook Estate, Farnham, Surrey, GU10 5EU; or
b) By email, addressed to the Accommodation Manager at [email protected]