Introduction
When booking facilities at the Dryden Enterprise Centre you enter an agreement to abide by the terms and conditions described in this document (“the Terms and Conditions”). You should read these carefully as they form an integral and binding part of your agreement with the Dryden Enterprise Centre. By agreeing to these Terms and Conditions your Booking is confirmed and these Terms and Conditions will apply.
If space is booked by an agent (or member of staff) for the Client then the agent asserts that they have the full authority of the Client to make this Booking and in the event of any breach by the Client or the agent of any of the Terms and Conditions, the agent and the Client shall be jointly liable to the Company.
Definitions
In these Terms and Conditions, the following words and phrases shall have the meanings indicated:
| “Booking” | means the legally binding Contract between the Client and the Company created when the Client confirms the Booking Enquiry by signing and returning these Terms and Conditions; |
| “Booking Enquiry” | means the tentative booking request made by the Client to the Company to provide certain facilities and/or services which includes the detailed specification of the Client’s requirements in respect of the Event and the Quotation; |
| “Charges” | means the amounts payable by the Client to the Company for the Booking in connection with the Event as set out in the Quotation and confirmed by the Client; |
| “Client” | means the individual, agent or organisation named above and/or in the Booking Enquiry; |
| “Company” | Means Dryden Enterprise Centre, Nottingham Trent University, Dryden Street, NG1 4FQ; |
| “Company’s Premises” | means the areas of the Company’s facilities owned or controlled by the Company that are made available to the Client and Delegates whether public space, buildings, rooms or otherwise as set out in the Booking Enquiry; |
| “Delegates” | means persons attending and participating in the Event; |
| “Event” | means the activity or activities for which the Booking has been made, as specified in the Booking Enquiry; |
| “Event Date’’ | means the first date on which the facilities and/or services of the Company are used in connection with the Event and any subsequent days if the Event takes place over more than one day; |
| “Final Date” | means the date on which the Client is required to confirm and finalise Delegate numbers and other details. In terms of: Delegates – the Final Date will be 5 workings days before the Event Date; |
| “Planned Delegate Numbers” | means the number of Delegates that the Client expects to attend the Event; |
| “Quotation” | means the quotation given to the Client by the Company setting out the Charges; |
Delegate Numbers
- At the time of making the Booking, the Client shall specify the Planned Delegate Numbers for the Event.
- After the Final Date (5 working days before the event) has passed, the Company shall have the right to decline any further request by the Client for a variation in the Planned Delegate Numbers – aka you can’t add any more surprise people to your booking.
- The Planned Delegate Numbers and the type of Event will be taken into consideration when allocating the facilities and/or services for the Event. The Company reserves the right to vary (at the Client’s expense) such allocated facilities and/or services at its absolute discretion at any time for any reason.
Payment of Charges
- In consideration of the provision of the facilities and/or services the Client shall pay Charges to the Company. Charges will be supplied in the form of a quotation.
- The Client will pay any invoices raised for the Event under this Booking in full within 30 days of the date of the invoice.
- Failure to pay the Charges in accordance with this will render the Client liable to pay interest on the outstanding sum at a rate of 4% per annum above the Bank of England base rate from the due date until the date of actual payment.
- Unless stated otherwise by the Company, Value Added Tax will be added to all Charges.
- The Company reserves the right at any time to carry out a credit check on the Client. If, because of carrying out the credit check, the Company believes that the Client may not be able to pay all of the charges due to the Company under the Booking, the Company reserves the right to require the Client to pay some or all of the Charges in advance of the Event.
Cancellation or Postponement by The Client
- In consideration of the provision of the facilities and/or services the Client shall pay Charges to the Company. Charges will be supplied in the form of a quotation.
- The Client will pay any invoices raised for the Event under this Booking in full within 30 days of the date of the invoice.
- Failure to pay the Charges in accordance with this will render the Client liable to pay interest on the outstanding sum at a rate of 4% per annum above the Bank of England base rate from the due date until the date of actual payment.
| Period remaining to the Event Date | Cancellation Charge (% of the Quotation) |
| More than 181 days | 40% |
| 121 – 180 days | 60% |
| 61 – 120 days | 80% |
| 31 – 60 days | 90% |
| less than 30 days | 100% |
- The Company will issue an invoice for the Cancellation Charge which the Client will pay within 30 days of the date of the invoice.
- The Company will endeavour to ‘re-sell’ the facilities and/or services for the date(s) in question. If the Company is successful and a booking is confirmed, any payments received may, at the absolute discretion of the Company, be applied as a credit against the Cancellation Charge.
- In the event the Client postpones the Event and new dates are agreed a new Booking will be made, and at the discretion of the Company the above Cancellation Charge may be waived.
- In the event the Client postpones the Event and new dates are agreed a new Booking will be made, and at the discretion of the Company the above Cancellation Charge may be waived.
- Cancellations and postponements must be made by Notice in writing to the Company.
Cancellation By The Company
- The Company reserves the right to alter or cancel any Booking at any time for any reason beyond its reasonable control. If this happens the Company will, at the Company’s discretion make all reasonable efforts to offer the Client an alternative venue or Booking or offer a full refund of all the monies paid to the Company under the Booking.
- The Company shall be entitled to cancel the Booking, and thus terminate the Contract, if:
- the Client becomes insolvent or, where the Client is an individual, he/she becomes subject to a bankruptcy petition; or
- in the reasonable opinion of the Company, it considers that the Event, or any persons associated with the Event might damage the reputation or the Company’s Premises or the premises of the University; or
- if it comes to the Company’s attention that the Client has misrepresented the Event or has concealed or provided false information about the Event, or the Company determines that the Event conflicts with the University’s Code of Practice on Freedom of Speech and/or the University’s Prevent duties.
- If the Company alters or cancels any Booking under this, the Company will not be liable for any loss or consequential loss which the Client, any member of the Client’s party or any person invited onto the Company’s Premises by the Client, or any of the Client’s visitors, or any other third party may suffer, howsoever arising.
- If the Company cancels the Booking, the Company reserves the right to apply a Cancellation Charge as set out in this document.
Pandemic Preparedness
- Both parties acknowledge that government guidelines relating to pandemic preparedness could mean social distancing measures may be in place which, should they continue to the time of the Event, may affect the viability of the Event.
- If such social distancing measures are in place at the time of the Event the Company will discuss its viability with the Client and reserves the right to decide to cancel the Booking.
- The Client acknowledges that a pandemic may require the Company to take one or more of the following non-exhaustive measures for the safety of its staff and the safety of Delegates attending the Event to which this Booking relates:
- Impose maximum Delegate numbers at the Event;
- Limit food or drink availability;
- Impose specific requirements regarding personal protective equipment such as the wearing of masks;
- Limit any planned entertainment for the Client’s Event;
- Designate alternative entrance and exit routes;
- Close the venue.
Client’s Use of the Company’s Premises
- The Client will procure that its agents or representatives, and any Delegates at the Event will:
- comply with all licensing, health and safety and other statutory requirements relating to the Company’s Premises including but not limited to carrying to carrying out its own risk assessments;
- not carry out any electrical or other works at the Company’s Premises including lighting and sound amplification without the Company’s prior written consent;
- not bring any dangerous or hazardous items to the Company’s Premises and remove any such items promptly when requested to do so by an employee or any other authorised person of the Company;
- not consume any food or drinks at the Company’s Premises which have not been supplied by the Company without the Company’s prior consent.
- not act in any improper or disorderly manner and comply with the Company’s reasonable regulations and instructions in respect of its Premises, including abiding by any dress code, search policies, entry procedures and observing always the Company’s no smoking policy;
- obtain the prior written consent of the Company if providing their own entertainment, services or activities at the Event;
dispose of waste and litter following the Event; - include an appropriate number of competent adults in attendance during the Event, such persons each holding a qualification, position or experience appropriate to such supervision;
- not use the Company’s or the University’s name or logo or any photographs without the Company’s prior written permission;
- not place decorations, advertisements or make additions to the Company’s premises, either inside or outside without the permission of the Company;
- keep clear all fire doors at all times which must only be used in case of an emergency;
leave any equipment provided by the Company for use by the Client as part of this Agreement as found, and any damage reported to the Company as soon as reasonably practicable; - Carry on his/her obligation under the Health and Safety Act 1974 not only in respect of the Client’s employees but also in respect of the employees of the Company and members of the public;
- Not bring or consume intoxicating substances upon the Company’s Premises. In the event of any such occurrence, the Company reserves the right to remove any such person from the Company’s Premises and cancel the Booking and any subsequent Bookings as well as take any further action as it deems necessary. In such an event, the Client will forfeit any fees/deposits already paid or due to the Company up to the date of cancellation;
- Return the Company’s Premises at the end of each Booking in the same stated the Company’s Premises were in at the commencement of the Booking. In the event the Company’s Premises are not returned in the same state and the Company incurs clean costs, the Company reserves the right to charge such cleaning costs to the Client;
- Permit the Company or their responsible designated employee to enter the company’s Premises at all times;
- indemnify the Company, on a full indemnity basis from and against all losses, claims, damages, costs, expenses and other demands suffered by the Company as a result of the Client’s use of the Company Premises and for the Client’s breach of any of the terms of this Contract.
- All furniture, apparatus or equipment delivered to the Company’s Premises by or on behalf of the Client must be unloaded, placed in position and removed by the Client or persons employed by the Client for such purposes, at such time as shall be agreed by the Company and no such furniture, apparatus or equipment shall be delivered to or placed in position on the Company’s Premises without the prior written consent of the Company.
- Where the Company plans to invite Delegates to the Event who are under the age of 18 or are adults who are considered vulnerable, it is the sole responsibility of the Client to ensure that all necessary safeguarding measures are in place. Such measures may include, but are not limited to, compliance with the requirement of Section 12 (1) of the Children and Young Persons Act 1933 and any other relevant legislation regarding the safety of children at entertainments, undertaking an appropriate risk assessment, ensuring that the Client’s staff are properly trained and briefed on safeguarding issues and concerns, the appropriate levels of checks are made on its staff and it carries appropriate level of insurance.
Liability
- Nothing in this Contract limits any liability which cannot legally be limited including liability for:
- Death or personal injury caused by negligence; and
- fraud or fraudulent misrepresentation
- The Company shall not be liable for:
- The death of or injury to the Client or that of the Client’s employees, contractors,
- Delegates or any other guests or invitees to the Company’s Premises; or
- Damage or theft or loss of any equipment, furniture, apparatus, clothing, valuables, or any other property or goods of any kind of the Client or that of the Client’s employees, contractors, Delegates or any other guests or invitees brought onto or left at the Company’s Premises;
- The cancellation or interruption of the Event as a result of any breakdowns, leakage or accident whatsoever occurring on the Company’s Premises;
- Loss of profits
- Loss of sales or business;
- Loss of agreements or contracts;
- Loss of anticipated savings;
- Loss or damage to goodwill; and
- Indirect or consequential loss.
- The Company’s total liability to the Customer shall not exceed the Charges.
- The Company shall accept no responsibility for the collection of monies at the Company’s Premises as part of the Booking on behalf of the Client.
- The Client is responsible for ensuring reasonable and proper conduct by Delegates. The Client shall be liable for any damage to the Company’s Premises or equipment that results from the actions of the Client or the Delegates.
- The Client and Delegates shall be personally and, where appropriate, jointly liable for any injury (including death) suffered by any person because of actions by the Client or the Delegates.
- The Client shall always indemnify the Company against any damage, injury loss, costs and expenses suffered or incurred by the Company and against all actions, claims, demands or proceedings made or brought against the Company that may arise out of the actions, default or omission of the Client or the Delegates.
- The Client shall ensure that it has adequate insurance in place to cover its liabilities under the Booking.
Force Majeure
- If by reason of force majeure (including fire, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strike, civil commotion, war, outbreak of communicable disease, epidemic, pandemic, any government restrictions, order, rule, regulation or action by a government or public authority or any other event beyond the control of the Company other than a shortage of money or the Company is or anticipates that it will be prevented or hindered from fulfilling the substance of its obligations under this Contract, then the Company shall ensure that the Client is aware of the occurrence of any such event and the Client shall be entitled at any time after notice, so long as such cause still subsists, to cancel or suspend this Contract by notice in writing to the Company.
- In the event of cancellation or suspension, the Company shall be under no liability to the Client or any other third parties for any loss which they may sustain in consequence of any such cancellation or suspension.
Notice
Any notices required to be given under the provisions of this Contract shall be in writing and shall be deemed to have been duly served and if hand delivered or sent by email within the United Kingdom by first class registered or recorded delivery post and outside the United Kingdom by registered airmail post correctly addressed to the relevant party’s address as specified in this Contract or of such other address as either party may designate from time to time.
General
- This Contract sets out the entire agreement between the Client and the Company. Any additional conditions or amendments shall be of no effect unless agreed in writing by both parties.
- This contract shall not be assigned or sub-contracted in whole or in part by the Client without the prior written consent of the Company.
- This Contract shall have the benefit of and be binding upon the respective parties’ successors and permitted assigns and/or legal personal representatives and estates as appropriate
- No third party shall have a right to enforce any provisions of this Booking. If any of the provisions of this Contract are found by the court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from this Contract and the remaining provisions of this Contract shall continue in full force and effect, notwithstanding the foregoing the parties shall thereupon negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provisions they found to be void or unenforceable.
- The rights of any party shall not be prejudiced or restricted by any indulgence or forbearance extended to the other parties and no waiver by any party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
- Where the provisions of this Contract conflict with the provisions of the Booking Enquiry and/or the Quotation, the provisions of this Contract shall prevail.
- The Company reserves the right to vary its advertised facilities and services from time to time. No liability is accepted for any errors or omissions in the Company’s brochures, advertising or marketing material.
- This Contract shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.