Terms and Conditions for Hire

1. Interpretation

In this Contract, the following definitions apply:

• Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business excluding the period of 25th December to 1st January when the offices of Dover District Council are closed for business.
• Business Hours: the period from 9.00am to 5.00pm on any Business Day.
• Charges: the charges payable by the Customer for the hire of the Venue and the supply of the Services, as set out in the Hire Details.
• Contract: the contract between the Customer and the Council for the Hire of the Venue and supply of the Services in accordance with the Hire Details, and these Conditions of Hire and any Schedules or documents referred to therein.
• Day: means any day of the year.
• Deposit: the non-refundable deposit to secure the booking, as stated in the Hire Details.
• Event: the event or function for which the Customer is hiring the Venue, as specified in the Hire Details.
• Hire Period: the period agreed for the hire of the Venue as described in the Hire Details, to include any period of time to set up and clear the Venue.
• Services: the supply of catering services and consumables, and any additional services or equipment, at the Event as specified in the Hire Details.
• Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Hire Details.

1. A reference to legislation or a legislative provision is a reference to it as amended, extended, or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.
   Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
   A reference to writing or written includes email.

2. Confirmation of Hire

1. Venue bookings shall be held provisionally for 14 Days following initial inquiry, or if such time is not available before the date of the Event, for a maximum of 24 hours. After this time, the Council reserves the right to release the provisional booking without notice to the Customer.
2. This Contract shall come into effect on the date of the Contract, or the date that the Deposit has been paid to the Council in cleared funds by the Customer, whichever is the later. Until that time, bookings for Hire will be treated as provisional.

3. Supply of services

1. Other than agreed between the parties, the Council shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.
2. In supplying the Services, the Council shall:
1. perform the Services with reasonable care and skill;
2. use reasonable endeavours to perform the Services in accordance with the service description set out in Schedule of Services;
3. comply with all applicable laws, statutes, and regulations from time to time in force.
3. The Council has the sole right to provide the Services at the Venue. The Customer must not use any third-party caterers or bring (or permit guests to bring) any food or drink (including alcoholic drinks) into the Venue without the prior written consent of the Council. If the Council consents to third-party caterers or the bringing of any food or drink, including to the consumption of the Customer's own beverages at the Venue, a corkage charge shall apply as set out in the Council's published price list in force at the date of this Contract.

4. Licence and use of Venue

1. Subject to 9, the Council grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Customer acknowledges that:
1. the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between the Council and Customer by this Contract; and
2. the Council retains control, possession and management of the Venue and the Customer has no right to exclude the Council from the Venue. The Council reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.
   
   
2. The Customer agrees and undertakes:
1. not to use the Venue other than for the Event;
2. not to do or permit to be done anything on the Venue which is illegal, or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience, or disturbance to the Council or to any other customers of the Council, or any owner or occupier of neighbouring property;
3. to comply (and ensure that its staff and agents comply) with the terms of this Contract and any written instructions or notices from the Council, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;
4. to permit the Council to search all containers, bags, boxes, and equipment coming into or leaving the Venue, including those brought onto the Venue by guests or any other third party during the Hire Period;
5. not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment, or fixtures at the Venue;
6. not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue;
7. not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;
8. not to display any advertisement, signboards, flag, banner, placard, poster, signs, or notices at the Venue without the prior written consent of the Council, such consent not to be unreasonably withheld or delayed.
9. not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of the Council, such content not to be unreasonably withheld or delayed;
10. to use any equipment provided by the Council, as specified in the Hire Details, for its proper purpose and in accordance with any written instructions provided by the Council regarding its use;
11. to leave the Venue in a clean and tidy condition and to remove the Customer's or other third party decorations, displays and any other Customer or third party equipment from the Venue at the end of the Hire Period;
12. to ensure that all guests leave the Venue promptly at the end of the Hire Period;
13. not to bring or permit to be brought any animal onto the Venue without the prior written consent of the Council, with the exception of assistance dogs within the meaning of the Equality Act 2010;
14. Not to use any fog, smoke, dry ice, or haze machines;
15. Not to use an candles or open flames as decoration;
16. to ensure all contractors and suppliers used by the Customer:
1. only use up to date PAT tested equipment when at the Venue and
2. have as a minimum £5 million Public Liability insurance in place, copies of evidence of this cover must be provided to the Venue in advance of Event.
17. Public car parking facilities may be available for guests but are not guaranteed. Any cars using the public car park are subject to the provisions of the parking regulations in force at the time.
18. The Customer shall ensure that the guests behave in a responsible and safe manner at the Event, and the Council reserves the right to remove or request that the Customer remove guests that do not do so from the Event and the Venue.

5. Guest numbers and dietary information

1. The Hire Details indicate the guaranteed total number of guests attending the Event, including the Customer’s staff and third party caterers (if any).
2. Where the Council is providing the Services, the Customer shall confirm the final catering numbers at least 30 Days before the Event. Charges for the Services will be calculated on the final catering number or the number attending, whichever is the greater. Final catering numbers must not be lower than 10% of originally booked numbers.
3. Where the Council is providing the Services, the Customer shall notify special dietary requirements to the Council at the time of booking and in any event no later than 30 Days before the Event. Provision of special dietary requirements is included within the Charges.

6. Charges and payment

1. The Customer shall pay the Charges in accordance with this 6.
2. The Council shall invoice the Customer for the Deposit, which shall be payable by the Customer within 14 Days of the date of invoice.
3. The Council shall issue an invoice for the Charges or party of the Charges (less the Deposit), which shall be payable by the Customer no less than 28 Days before the Event.
4. The Council may issue an additional invoice for any Charges due which were not included in the initial invoice issued pursuant to 6.3. Such Charges may include those payable for any final alterations to the Services, or for guests attending the Event in excess of the number estimated by the Customer pursuant to 5.2. Charges invoiced pursuant to this 6.4 shall be payable by the Customer prior to departure on the day of the Event.
5. All amounts payable by the Customer include amounts in respect of value added tax (VAT), which the Customer shall be liable to pay to the Council at the prevailing rate (if applicable).
6. If the Customer fails to make any payment due to the Council under the Contract by the due date for payment, then, without limiting the Council's remedies under 9, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Liability

1. The Council has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £1,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Council has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss. It is recommended that the Customer obtains insurance cover in respect of all risks which may be incurred by the Customer, arising out of the Event.
2. The restrictions on liability in this 7 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
3. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
1. death or personal injury caused by negligence; and
2. fraud or fraudulent misrepresentation.
4. Subject to 7.3, the Council shall not be liable for:
1. the death of, or injury to, the Customer or that of the Customer's employees, contractors, other third parties including but not limited to guests or invitees to the Venue; or
2. damage or theft of any property of the Customer or that of the Customer's employees, contractors, other third parties including but not limited guests of invitees to the Venue, except to the extent that such damage or theft arises from the negligence of the Council.
5. Subject to 7.3 and 7.4, the Council's total liability to the Customer shall not exceed £1,000,000.
6. Subject to 7.3 and 7.4, 7.6 specifies the types of losses that are excluded: excludes specified types of loss.
1. loss of profits
2. loss of sales or business;
3. loss of agreements or contracts;
4. loss of anticipated savings;
5. loss of use or corruption of software, data or information;
6. loss of or damage to goodwill; and
7. indirect or consequential loss.
7. Unless the Customer notifies the Council that it intends to make a claim in connection with this Contract within the notice period, the Council shall have no liability for that claim. The notice period for a claim shall start on the day on which the Customer became, or ought reasonably to have become, aware of the incident giving rise to the claim having occurred. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

8. Counter Terrorism Legislation regarding events

1. Section 26 of the Counter-Terrorism and Security Act 2015 places a duty on certain bodies, in the exercise of their functions, to have “due regard to the need to prevent people from being drawn into terrorism”. This is known as the Prevent Duty. In complying with the Prevent Duty, there is an expectation that local authorities ensure that publicly owned venues and resources do not provide a platform for extremists and are not used to disseminate extremist views. Therefore, the hirer is not to use local authority resources to espouse violent and/or non-violent extremist views. The Government have defined extremism as “vocal or active opposition to our fundamental values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces.”

9. Cancellation

1. The Council may cancel the Contract with immediate effect by giving the Customer or Customer's authorised representative notice in writing if:
1. the Customer fails to pay any amount due under the Contract on the due date for payment;
2. the Customer commits a material breach of any term of the Contract;
3. the Customer takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this 9.1(c);
4. the Customer suspends or ceases, or threatens to suspend or cease, carrying on business;
5. the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
6. the Customer is unable to perform its obligations in connection with the Contract pursuant to 11.1.
2. Subject to payment of the cancellation fee as referred to in clause 9.4, the Customer may cancel the Contract by notice in writing to the Council or Council's authorised representative.
3. If the Contract is cancelled under 9.1(a), 9.1(b), 9.1(c), 9.1(d), 9.1(e) or 9.2, the Council will use reasonable endeavours to re-book the venue but reserves the right to charge a cancellation fee. Any sums already received by the Council (including any Deposit) under this Contract will be deducted from the cancellation fee.
4. The cancellation fee shall be:
   
   

5. On completion or cancellation of the Contract for whatever reason:

1. 1. any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and
   2. completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

10. Data protection

1. Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.

11. General

1. Force majeure. Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance shall be extended accordingly. If the period of delay or non-performance continues for 24 weeks, the party not affected may terminate this Contract by giving 30 days' written notice to the affected party.
2. Assignment and other dealings
   
   1. The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Council's prior written consent.
   2. The Council may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
3. Confidentiality
   
   1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers or clients of the other party or of any member of the group to which the other party belongs, except as permitted by 11.3. For the purposes of this 11.3, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.
   2. Each party may disclose the other party's confidential information:
      
      1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this 11.3; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
4. Entire agreement
   
   1. The Contract constitutes the entire agreement between the parties.
   2. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
5. Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
6. Waiver
   
   1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
   2. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.
7. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this 11.7 shall not affect the validity and enforceability of the rest of the Contract.
8. Notices
   
   1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
      
      1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or
      2. sent by email to the following addresses (or an address substituted in writing by the party to be served):
         Party 1: Maison.dieu@dover.gov.uk
         Party 2: as set pit om the booking application form
   2. Any notice shall be deemed to have been received:
      1. if delivered by hand, at the time the notice is left at the proper address;
      2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
      3. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume but in any event subject to receipt of a read receipt.
   3. This 11.8 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. Third party rights. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
11. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.