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Terms and Conditions

All Conferences, meetings and events booked at the East Malling Conference Centre (“the Venue”) by the Client (“the Client”) shall be subject to these Terms and Conditions (the “Terms”)

General Points

This contract is made between East Malling Ltd. (EML) who operate the Venue and the Client specified on the confirmation form. The person signing for and on behalf of the Client warrants to EML that they have the authority to do so.

Cancellation/Non-Arrival Charges

In the event of cancellation of any booking or non-arrival by the Client, the Client shall pay to EML a cancellation/non-arrival fee. However, EML will do its utmost to re let the Venue, but if, having used their reasonable endeavours, EML are unable to do so the following cancellation charges will apply.

Cancellation of event or reduction in numbers:

3 months before arrival – 25% of anticipated revenue
2 months before arrival – 50% of anticipated revenue
1 month before arrival – 75% of anticipated revenue
2 weeks before arrival – 100% of anticipated revenue

ALL CANCELLATIONS MUST BE MADE IN WRITING.

EML reserves the right to cancel any booking forthwith and without liability on their part in the event of any damage or destruction of the Venue (or significant part thereof) by fire or other causes, any shortages of labour or food suppliers, strikes, walkouts or industrial unrest or any other cause beyond their control which prevent EML from performing its obligations in connection with any booking.

The Client shall notify EML in writing not less than 5 working days prior to the event of the final number attending. If a Client booking is accepted by EML it is on the basis that a minimum number of persons will attend for which the booking is made, the amount payable by the Client shall be calculated on such minimum number or the number actually attending, whichever is the greater.

In the Client's final confirmation of details, if the number of persons attending are reduced by 10% or more from the original number guaranteed EML reserves the right to be able to change the booking to a different suite within the Venue that best fits the numbers involved.

Prices & Deposits

Firm prices for food and beverages are established where possible on an annual basis. All prices for rooms, food and beverages are stated in Pounds Sterling and do not include Value Added Tax which will be charged in addition at the rate prevailing at the date of invoice. All price changes due to Government regulations will be charged to the Client.

EML reserves the right to request a deposit/payment prior to the holding of a conference. Deposits are non-refundable. Final payment is due within 30 days of receipt of an invoice. Any queries should not affect immediate payment of outstanding amounts. All cheques are payable to “East Malling Ltd.”. Interest will be charged at a rate of 5% per month on amounts remaining unpaid at the due date.

Conferences/Meetings

All meetings must terminate within l5 minutes of the agreed time. The conference rooms or exhibition space or any part thereof shall not be sublet by the Client to any third party without the prior written consent of EML. One menu should be chosen for the entire party; however, special dietary requirements can be catered for provided sufficient advanced notice is given to EML. Please note that in the event of a reduction in numbers there is a 48 hour cancellation policy on all catering. EML do not allow food or drink other than that purchased on the premises to be consumed unless prior arrangement has been made in writing.

Suitability/Availability of facilities

It is the Client's responsibility to ensure that the facilities and services available are suitable for their needs. EML shall attempt to accommodate late changes but the Client should be aware that it might not be practical to do so. EML shall do what is reasonable to ensure that the rooms and equipment hired are available and in good working order. In the event of any difficulties or failure of equipment, EML will take reasonable steps to remedy the problem. EML do not accept liability for any consequential costs incurred by the Client as a result of any such difficulties or failure. The Client should, where he/she considers this to be appropriate, take out insurances to cover any such consequential costs.

Car Parking

The Venue has car parking facilities for up to 200 vehicles which is available free of charge to Venue users on the day of the event. EML does not accept any responsibility for theft of/from or damage to vehicles left in the car park and all vehicles must be removed from the car park by 7.00pm on the day of the event.

Smoking and Alcohol Policy

Clients and their representatives/delegates are advised that EML and the Venue operate a policy of no smoking within any building; smoking is permitted in the designated smoking shelter. The Venue contains the main reception of EML and all EML customers enter via the front doors of the Venue, Clients are therefore asked to ensure that their delegates and representatives refrain from using the front steps for smoking.

By prior agreement with EML, alcohol may be brought into the Venue but may not be charged out to the Client's guests.

Safety and Security

Clients are asked to note that the Venue is located within a larger site known as the East Malling Research Centre which is active in the field of horticultural research, from time to time includes the use and movement of agricultural machinery. Clients are asked to ensure that his/her representatives and delegates wear identity badges at all times, returning them upon departure. The Client shall ensure that his/her representatives and delegates remain in the agreed areas of the Venue and do not enter other areas of the building or site without the prior permission of authorised EML staff. If tours of the site are arranged as part of the booking, EML staff will accompany the Client's representatives and/or delegates and will give specific instructions.

The Client shall report immediately to the EML Safety Officer (contactable via EML reception) any accidents, near misses and or personal injuries that occur during the course of the event. The Client shall be responsible for ensuring that his/her representatives and delegates are made familiar with the local rules applying to EML site buildings and property and that any alarms or evacuation instructions are complied with by all delegates. On entry to the Venue, the Client shall ensure that instructions on fire and evacuation procedures are given to all his/her representatives and delegates.

Should the EML Safety Officer determine that any activity of the Client is in breach of local health and safety rules then the Client shall take immediate action upon notification to remedy such breach. In the event that the Client fails to take such action or is unable to remedy the breach EML reserve the right to cancel the booking with immediate effect. In the event of such cancellation EML will not accept liability for any loses howsoever incurred by the Client due to cancellation.

The Client shall not arrange for the delivery of any goods or materials to the Venue unless agents of the client are available and ready to accept delivery unless by prior arrangement with EML. The Client shall not store or place on the premises of the Venue any inflammable, combustible or objectionable substances or liquid.

Insurance

The Client shall be responsible for any damage caused to the Venue or the furnishings, utensils and equipment therein by the wilful act or default of the Client or guests of the Client, and shall pay EML on demand the amount required to make good or remedy any such damage. The Client must arrange Public Liability (third party) Insurance to cover such damage and injuries to third parties with a minimum indemnity limit of £5 million each and every claim and produce documentary evidence of same from either their insurers or insurance brokers before hire of the premises will be permitted.

Limitation of Liability

EML's total liability in contract, tort, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the consideration paid by the Client to EML. EML shall not be liable to the Client for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.

Entire Agreement

The Terms supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter hereof and sets forth the entire agreement and understanding between the parties hereto relating to the subject matter hereof.

Law and Jurisdiction

The Terms shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English Courts as regards any claim or matter arising under the application of the Terms.