Weddings and Events
Terms and Conditions
These Conditions apply to all Contracts for the provision of goods and services for weddings to the exclusion of all other terms and conditions, including any which the Client may purport to apply or which may appear in any promotional literature. Please read these Conditions carefully in order to avoid any misunderstandings regarding the terms on which reservations are accepted.
In these Conditions, terms used with an upper-case initial letter have special defined meanings. Some of these are listed in Clause 21. Others are defined when they are first used.
1. Confirmations and Guest Numbers
1.1 All bookings are provisional until the relevant Contract has been received, signed from the Client.
1.2 The Contract shall specify the anticipated number of guests for the Event, the agreed minimum number of guests for the Event (the “Contract Minimum”) and the maximum number
of guests permissible for the function room(s) reserved for the Event.
1.3 The Client must inform `Ham Manor Golf Club of the number of guests it wishes to be catered for at the Event (the “Final Number”) at least 28 Working Days before the Event. This Final number will override the anticipated number specified but will not affect the Contract Minimum.
1.4 The Contract Minimum represents the minimum number of guests the Client guarantees will attend at the Event and the Company has calculated its charges on this basis. The amount payable by the Client will therefore be calculated according to the highest of (a) the Contract Minimum (b) the Final Number or (c) the number who attend the Event.
1.5 Ham Manor Golf Club reserves the right to charge a facility fee if the minimum number of 50 is reached for daytime Event.
2. Payment
2.1 Payment
All accounts incurred will be invoiced. Payment is due for all credit accounts on presentation of invoice. Any queries should not delay immediate payment of the outstanding balance. Queries should be referred to the Golf Club within 7 days of the receipt of invoice. No allowance or refund can be made for meals and other elements not taken within the agreed package rate. Payment must be made in Pounds Sterling (UK) payable to Ham Manor Golf Club.
2.2 Deposits
The Client must pay a £500 deposit payment on return of the Contract. Should the Client fail to pay any such deposit within 7 days of the due date, the Company will release the booking.
2.3 Final Payment
An invoice will be sent to you following a final consultation meeting no later than 12 weeks prior to the Wedding Event. Final payment is due 28 days prior to the Event and will be based on your contracted details.
2.4 Extras
The Client shall pay Ham Manor Golf Club for any food and beverages or other goods and/or services not provided for in the Contract or otherwise in correspondence but made available upon request of the Client on the day of the Event.
2.5 Price Variations
In the event of circumstances beyond the Company’s control (including, but not limited to, increases in the standard rate of VAT), the Company reserves the right to vary the prices specified in the Contract to an extent which reflects such circumstances.
3. Consequences of Termination
3.1. Any cancellation or termination must be submitted in writing and will be effective on the date they are received by Us
3.2. In the event that the Event is cancelled by You for whatever reason, except because We have committed a fundamental breach, we agree to use Our reasonable endeavours to mitigate our losses and reallocate the event Date that You have chosen in an attempt to reduce the amounts payable by You. However, you recognise that it will not always be possible to reallocate to Your chosen Date. If the event date were to remain vacant following cancellation, we will not only have lost out on the payments You were to make pursuant to these terms but also, amongst other things, on the opportunity of revenue from accommodation and drinks sales, as well as any supplies/stock We have already purchased for your Event. In those circumstances Our proper measure of damage is our loss of the payment of the Venue Hire Fee per clause
3.3, plus the loss of net profit that we would have expected to make on the day itself, plus the loss incurred from any stock already purchased
3.3. If the Event is cancelled by You except because We have committed a fundamental breach of this contract and from you, we have been unable to reallocate the Date, We will be entitled to the following payments calculated as a percentage of the Venue Hire Fee, these payments will be payable within 21 days of the date upon which the You notify Us of the cancellation:
CANCELLATION PAYMENTS
3.3.1. For cancellations made at any time the Client shall forfeit the Reservation Fee
3.3.2. In addition to 4.3.1 above, for cancellations made more than 12 months before the Date the Client shall pay 20% of the Venue Hire Fee, plus any Hire Additions
3.3.3. In addition to 4.3.1 above, for cancellations made fewer than 12 months but more than 6 months before the Date the Client shall pay 40% of the Venue Hire Fee, plus any Hire Additions
3.3.4. In addition to 4.3.1 above, for cancellations made fewer than 6 months but more than 6 weeks before the Date the Client shall pay 80% of the Venue Hire Fee, plus any Hire Additions
3.3.5. In addition to 4.3.1 above, for cancellations made fewer than 6 weeks before the Date the Client shall pay 100% of the Venue Hire Fee, plus any Hire Additions
3.4. The parties agree that the provisions of this Clause 4.3 reflect a genuine attempt by the Company to estimate the loss and damage We will suffer in the event of a cancellation by You
4. Termination
4.1. We shall be entitled to terminate the contract in the event that any monies due and payable have not been paid on the due dates for payment and those sums remain unpaid for seven days after we have written to you asking for payment to be made.
4.2. Either party shall be entitled to terminate the contract forthwith on notice in the event that the other party
4.2.1 Substantially fails to perform and observe all or any of the obligations on its part contained in the contract or
4.2.2 Enters into liquidation, whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company), or has a receiver, administrator or administrative receiver appointed or if enters into liquidation, whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company), or has a receiver, administrator or administrative receiver appointed or if You are declared bankrupt or You make any arrangement with or for the benefit of Your creditors or You are declared bankrupt or You make any arrangement with or for the benefit of Your creditors or you have a county court administration order made against You
4.3. Any termination of this Agreement shall be without prejudice to any rights or remedies that may have accrued to either party
4.4. In the unlikely event (and where You are not in breach of these Terms and Conditions) that it is necessary for Us to cancel Your Booking, we will notify You as soon as possible and We shall endeavour to offer You alternative like-for-like dates for no extra cost, subject to Your approval. In the event that no alternative dates are available or You do not accept the alternative dates offered in accordance with this clause
4.4, then we will refund you any and all Scheduled Payments that have been made.
5. Changes by Company
Ham Manor Golf Club reserves the right without prior notice to change the Client’s assigned function room for one of equal suitability if the Golf Club has reasonable commercial or operational reasons for so doing (including, but not limited to, the carrying out of works on the relevant room or such room being otherwise unavailable).
6. Suppliers
6.1 The prior consent of the Golf Club must be obtained for any entertainment or services contracted for the event by the Client, all of which must comply with any statutory codes and regulations. It shall be the responsibility of the Client to ensure that, where applicable, Performing Rights Society forms and Phonographic Performance Limited forms are completed by any band or musicians employed by the Client. It is the responsibility of any performing act to ensure all their equipment is of sound state and has the required PAT test.
6.2 We are not responsible for any third-party contracts which you make with Suppliers (Musicians, entertainment etc.) and those contracts are made strictly between You and the third-party Supplier.
6.3 All third-party Suppliers who require to be onsite during the Event (whether that be for set-up or on the Date) must be approved by Us to ensure safeguarding.
6.4 All performers engaged by You to perform at the Event must be in possession of public liability insurance up to the value of £2,000,000. Our onsite staff will have total authority to instruct live acts to operate, or cease to operate, as they see fit.
7. Etiquette
7.1 The Golf Club reserves the right to judge acceptable levels of noise or behaviour of the Client, its guests, representatives or contractors (including, but not limited to, persons engaged by the Client to provide entertainment or other services). The Client must ensure compliance with the Golf Club’s direction as to noise or behaviour.
7.2 The Golf Club reserves the right generally:
7.2.1 to exclude or eject any person from the Event if it reasonably considers such person to be objectionable; and
7.2.2 to terminate the Contract and stop the Event without liability to any refund or compensation, if necessary to prevent or terminate unacceptable noise or behaviour.
7.3 The Client shall indemnify the Company against all and any losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by the Company arising out of any exclusion, ejection, termination or stopping under Clause 7.2 or the circumstances giving rise thereto.
7.4 The Club reserves the right to employ Professional security for any event over 100 people, with the cost being invoiced to the client.
8. Health & Safety
8.1 The Client must fully comply (and ensure the full compliance of its sub-contractors, employees and guests) with the Golf Club’s Health & Safety policy, a copy of which is available on request from the Golf Club.
8.2 Children must not be left unattended at any time.
8.3 All attendees are accountable for their own safety inside and outside of the venue, especially around the outside areas, lake and staircase.
9. Corkage
No wines, spirits, food or beverage may be brought into the Clubhouse or grounds by or on behalf of the Client or any guests for consumption on the Golf Club premises unless the prior consent of the Golf Club has been obtained. The Club reserves the right to charge the client for any products being bought onto the premises without consent.
10. Licensing and Statutory Regulations
The Client shall maintain free access to fire exits at all times and shall obtain the prior approval of the Golf Club before using any special effects equipment on the Golf Club premises. The Client shall submit for approval by the Golf Club all table layouts for the Event. The Client shall observe the permitted hours for selling intoxicating liquors in the Golf Club premises, as advised by the Club.
11. Punctuality
The Event must start and finish at the times specified in the Contract. Changes to these times may not be possible unless previously agreed with the Golf Club. Where multiple Events are held in the Golf Club, the Company cannot accept liability for delays or changes that may occur within these Events. Where timings are affected, the Company will give priority to contracted timings.
12. Guests’ Clothing and Personal Property
The Company does not accept responsibility for the property of the Client or its guests. Cloakrooms are provided for the convenience of clients and guests, but any goods deposited in the cloakrooms or left unattended on Golf Club premises are deposited at the owner’s risk and without any liability on the part of the Company.
13. Equipment Storage
The Golf Club will assist the Client, where reasonably possible, with the storage of equipment etc, however, the Company does not accept any liability for loss or damage to any item of equipment, furniture, stock or the like, left in storage.
14. Radio Communication Systems
Where usage of any radio communication system handset is provided to the Client, the Client shall comply with all licensing conditions in relation thereto.
15 Liability of the Company
15.1 Subject to Clause
15.2 the Company shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or economic losses or loss of profits however arising.
15.3 In no event will the Company’s liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event.
15.4 The Company shall not be liable for any breach of the terms and conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) fire, floods, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority.
15.5 The Company does not exclude or restrict its liability in respect of death or personal injury resulting from its negligence.
16. Damage
The Client shall be responsible to the Company for any damage caused to the allocated rooms or the furnishings, utensils, and equipment therein or to the Club generally by any act, default or neglect of the Client or any sub-contractor, employee or guest of the Client and shall pay to the Company on demand the amount required to make good or remedy any such damage.
17. Children and vulnerable adults
17.1. Children and vulnerable adults are very welcome at Ham Manor Golf Club. However, we request that you do not leave them unaccompanied (especially around the Lake, outside areas and staircase previously mentioned in clause 8) and to be aware of water and uneven surfaces. Parents or guardians are responsible for the safety of children and vulnerable adults at all times.
17.2. We reserve the right to ask parents of unsupervised or disruptive children to remove them from the premises.
17.3. We request that you provide a dedicated adult service to be responsible in the event there are more than 10 under 12-year-olds attending Your Evening event. Ham Manor will not be responsible for supervising children.
18. Force Majeure
18.1. If by reason force majeure, (as defined below in Clause 18.2) either party is (or is expected to be) prevented, delayed, or substantially hindered from performing their obligations under these terms then both parties shall be entitled at any time thereafter to withdraw from this contract by notice in writing to the other.
18.2. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, these events include: (a) strikes, lock-outs or other industrial disputes at a national level or by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works; (b) riot, war, hostilities, acts of terrorism, civil war, rebellion, requisition or compulsory acquisition by any governmental or competent authority; (c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; (d) acts of God, earthquakes, flood, storm, hurricane, fire, sinkholes or other physical natural disaster; (e) pandemics, epidemics and quarantine; (f) compliance with any law or governmental order, rule, regulation or direction; (g) failure of a utility service, or interruptions or problems occurring from government gas, fuel or pressure pipelines ; (h) failure of a construction company in the surrounding area; (i) theft, burglary or malicious acts of third parties; and (j) any other events including emergencies and non-emergencies
18.3. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
18.4. In the event of cancellation or suspension pursuant to clause 18 the parties agree to use all reasonable endeavours to agree on a suitable and mutually agreeable revised date. In the event that a suitable replacement date cannot be found and the contract is therefore terminated, both parties agree that they shall not be liable to the other for any loss which they may sustain in any such cancellation or suspension. Both parties shall, in the event of cancellation, be under no liability to the other in respect of any future obligations under the contract and in the event of suspension shall be relieved of such obligations under the contract for the period of such suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued under the contract from the date of commencement of such cancellation or suspension.)
18.5. In the event of cancellation pursuant to this clause we shall repay to you the monies you have paid to us with a deduction being made in respect of our reasonable costs incurred up to and including the termination date.
19. Promotional Materials
19.1. Unless notified in writing We reserve the right to use any material (photographic or video) shot by guests &/or professional photographers and to take Our own promotional photos & videos which You agree to being used at any time either online, through our website, via our Facebook, Instagram & Twitter pages, and/or through printed media.
20. General
20.1 Agents – Should the Client contract with the Golf Club through an agent, the agent acts in that capacity for the Client, and not the Company. The Client accepts full responsibility for the payment of the Golf Club’s account.
20.2 Governing Law – The Contract shall be governed by and construed in all respects in accordance with the laws of England.
20.3 Time is of the essence – For all payment obligations under these Conditions, time shall be of the essence.
20.4 Assignment – The Contract shall not be assignable by the Client, but may be assigned by the Company
21. Definitions
21.1 “Booking” means a booking under a Contract
21.2 “Client” means the person, firm, or company responsible for commissioning and payment of the Event.
21.3 “Contract” means the written agreement between the Hotel and the Client for a specific booking or series of bookings
21.4 “Event” means the event or function specified in the Contract
21.5 “Golf Club” means the property for which this Contract has been agreed and/or as appropriate under the Ham Manor Golf Club Ltd.
21.6 “Working Day” means Monday to Friday excluding bank holidays and other public holidays.
22. Additions to be noted.
22.1 It is strongly recommended that Wedding Insurance is taken out at the time of booking.
22.2 Ham Manor by law is not allowed to give guests medicated drugs for example painkillers and antihistamines; we do strongly advise that you provide these in your wedding kit as your guests will be totally responsible for any side effects that may occur.
22.3 Your guests parked cars must be collected before 11am the day after your event date. Otherwise, a penalty charge will commence at £30 per day [per car] thereafter.
