A WORLD CLASS EVENTS VENUE

Booking Contract Terms & Conditions

The final number of delegates must be confirmed 5 days prior to the event. Guaranteed minimum numbers apply as per stated in the agreement.

Please note that we cannot guarantee to accommodate any changes to this information that are made within 5 working days prior to the event. There may also be a charge associated with any changes that are made.

1.            Definitions

In these terms and conditions, the following words shall have the following meanings:

  • “the Company” means Oval Events Limited.
  • “the Customer” means the is a company, partnership, club or similar society, individual or unincorporated body which engages the Company to hold the Event and provide the Services at the Venue.
  • “the Booking Form” means this booking contact or any associated amendments or clauses approved by the Company in association with the event stipulated on this contract.
  • “the Contract” means the contract formed by the receipt by the Company of this contract returned by the Customer in accordance with clause 7 (d) below (which contract shall be subject to these terms and conditions).
  • “the Services” means the provision of catering services, function services, labour, supply of consumables and any services which Oval Events Limited shall procure on behalf of the customer, or to facilitate the delivery of the event.
  • “Consumables” means the food and drink (including alcoholic drinks) to be supplied at the event.
  • “the Event” means the dinner, lunch, function, conference, meeting or other specified occasion, the date of which has been agreed by the parties and at which the Company is engaged to provide the services which is stipulated on this contract.
  • “the Hire Period” means the date(s) and times specified on this contract; and
  • “the Venue” means any land owned or leased by Surrey County Cricket Club, Kennington Oval Limited, Oval Events Limited, or any subsidiary company owned, or part owned by any of these companies.
  1. Consumables

a) The Company has the sole right to the provision of the Services at the Event. The Company does not permit the use of any third-party caterers for any Event at the Venue and no food or drink (including alcoholic drinks) may be brought into the Venue by the Customer or its guests without the prior written consent of the Company. Where, with the Company’s consent, Customers consume their own beverages a corkage charge shall apply which shall, at the company’s discretion, either be set out on the Booking Form; notified to the Customer by the Company at the time of giving consent; or agreed after the event based on consumption at the event. Where, with the Company’s consent, Customers consume their own food a forkage charge shall apply which shall, at the company’s discretion, either be set out on the Booking Form; notified to the Customer by the Company at the time of giving consent; or agreed after the event based on consumption at the event. All appropriate forms, advised by the company, need to be completed by the customer prior to the customer bringing onsite any pre-approve consumables.

b) All drinks are sold on a sale or return basis and the Company reserves the right to charge for all opened bottles, notwithstanding the fact that they have not been consumed. This shall apply notwithstanding that Consumables may be chargeable on a consumption basis at the Event.

c) When Consumables are charged on a consumption basis, the amount shall be agreed by Customer and a company representative(s) using the means by which sales and/or consumption were recorded throughout the event; including, but not limited to, opening, and closing stock, till reads, and written dockets. In the event of a Customer refusing or delaying doing so, the figures recorded by the Company shall be conclusive.

d) All items additional to those set out in the booking agreement, and agreed prior to the event, need to be, approved via email, signed off via the function sheet, or via the consumption sheet on the date of the event.

e) It is the Customer’s responsibility to notify the Company of its authorised representative(s) for the Event and to ensure that all orders for Consumables are signed for by the authorised representative of the Customer. Where the Customer fails to notify the Company of its authorised representative(s) or orders are placed by persons other than a Customer’s authorised representative, the figures recorded by the Company shall be conclusive and the Customer shall be bound to pay the charges for the Services.  The Company will not accept any adjustments after the date of the event.

f) All Consumables offered are subject to availability. Where Consumables are not available, the Company shall use its reasonable endeavours to offer the closest available substitute.

g) Prizes of wine, beer or spirits may not be consumed at the Venue.

h) No unconsumed Consumables, provided by the company, may be taken from the Venue following any Event irrespective of whether the Customer is liable to pay any charges for such Consumables.

  1. Numbers Attending

a) At the time of booking the Customer and the Company shall agree a Guaranteed Minimum Number of guests attending the Event which Guaranteed Minimum Number shall be noted on the Booking Form in the section marked AGR at the top of this document.

b) The Customer shall confirm in writing the expected numbers attending not less than 14 working days (excludes Saturday, Sunday and bank holidays) prior to the Event and final catering numbers (“Final Number”) no less than 5 working days prior to the Event. Save as referred to below in this sub-clause, charges for the Services will be based on the Final Number or the number attending, whichever is greater. If the Company provides the Services for any number less than the Guaranteed Minimum Number, the Company’s charge to the Customer based on the Guaranteed Minimum Number previously advised will nevertheless apply in full. Whilst the Company shall use its endeavours to supply Consumables and seating (where appropriate) for numbers in excess of the Final Number where requested, it provides no guarantee that Consumables for numbers in excess of the Final Number will be supplied.

c) The Maximum Capacity of each room at the Venue is available on request. In order to comply with fire regulations, under no circumstances may the Maximum Capacity for any room be exceeded.

d) The Customer agrees to commence the Event promptly at the time agreed with the Company and to procure that those persons present at the Event vacate the room designated for it at the time stated on the Booking Form. Without prejudice to the foregoing, unless otherwise specified at the time of booking or otherwise agreed by the Company in advance in writing, the Customer shall ensure that all persons present at the Event (including without limitation all guests, Customer representatives, and third party service providers) have left the Venue and removed all equipment and belongings brought into the Venue for the purposes of the Event by no later than the time previously agreed with the company, as stated on the function sheet on the date of the Event.

e) The Customer shall ensure that those attending the Event are ready to be served their food at the time agreed and that meals are completed within any pre-agreed time period.

f) The Customer agrees to reimburse all reasonable expenses incurred by the Company resulting from the Customer’s breach of its obligations hereunder including (without limitation) any additional payments to staff.

g) The Company reserves the right to re-allocate function rooms due to circumstances beyond its reasonable control. If the Final Number is significantly greater or less than the expected numbers advised at the time of booking the Company shall be entitled to allocate a more appropriate room of its choice. The Company shall discuss any re-allocation with the Customer when the decision is being made and will advise the Customer of any re-allocation as soon as reasonably possible.

  1. Conduct

a) The Customer will ensure that the Event will not be conducted, and that its guests and third-party service providers will not behave, in a way which will or may constitute a breach of the law, or cause a nuisance, or be an infringement of any premises license held at the Venue. The Customer shall ensure that no person under the age of 18 is supplied with alcohol at the Event and the Customer accepts that staff at the Venue shall be entitled to demand evidence of age documentation from any person who appears to them to be under the age of 18.

b) The Company reserves the right to exclude or eject any persons from the Event if it appears to the Company that any such person may be engaging in any undesirable activities that are deemed to be contrary to the best interests of the Company. This includes persons who are intoxicated and causing a nuisance to others or who are taking, dealing, or associating themselves, with any illegal substances. The Customer will be liable for any liability arising thereby and shall indemnify the Company accordingly save where the Customer establishes negligence or bad faith by the Company.

c) The Customer is required, when requested, to provide the Company with a full guest list and details of all personnel being provided by any third-party supplier in connection with the Event not less than 5 working days prior to the Event, in surname alphabetical order, for security purposes, if requested by the Company. The Customer shall ensure that all such persons have consented to their names being provided to the Company.

d) The Customer shall take full responsibility for its guests and third-party suppliers in ensuring that no-one shall use any other part of the Venue save the areas that have been booked (other than for gaining access to and from the areas booked by the Customer).

e) For reasons of Health & Safety, animals are not permitted in the Venue, with the exception of registered guide dogs, without prior consent from the Company and without the required documents completed and returned to the Company 5 working days prior to the event.

f) There is no access to the Venue prior to 08.00 on the date of the Event unless otherwise agreed by the Company in writing, or stated on this booking contract, or stated on the function sheet.

g) It is the responsibility of the Customer to ensure that all guests and third-party suppliers comply with these terms and conditions.

  1. Use of Contractors

a) Should the Customer wish to hire an external AV company, performing band, live act, or other form of entertainment for the Event, the Customer shall:

  • Obtain the Company’s prior written permission to such entertainment and the contractor and equipment to be used;
  • Only hire a performing band, live act or other entertainment that has public liability insurance to the value of £1 million to cover any death or injury to any of the Company’s employees or any third-party and/or any loss or damage to the Company’s or any third party’s property resulting from the performers’ acts or omissions and/or any malfunction of their equipment; and
  • Indemnify the Company for any claims brought against the Company by its staff and/or any third-party for breach of contract, negligence or other tortious liability as a result of the performing band’s, live acts’ or other entertainer’s acts or omissions or performance including, without limitation, any claims in an Employment Tribunal.
  • Ensure that all required documentation, which shall be requested by the Company, is completed and produced at least 5 working days prior to the commencement of the event.
6. Clearing of Venue and damage

a) At the end of the Hire Period the Customer shall remove, from the Venue, anything that the Customer has brought into the Venue for the purposes of, or in connection with, the Event and shall ensure that all areas used are clear, undamaged and free from rubbish (other than that properly disposed of in any receptacles provided for that purpose). The Customer shall be responsible for ensuring that no loss or damage to the Venue or any fixtures, fittings or other equipment at the Venue shall be caused by the Customer or any of its representatives, guests, or third-party suppliers and whether caused during set-up of the Event, the period of operation of the Event or during any break-down of the Event.

b) If, in the opinion of the Company, the Customer has failed to comply with clause 6(a) above, the Company may, in place of the Customer but at the Customer’s expense, do all that is necessary to comply with that clause including, without limitation, carry out any cleaning (which cleaning shall be subject to a minimum charge of £250 plus VAT). Clearance from the Venue of, including but not limited to, vomit, confetti and party string will always incur such minimum charge.

c) Nothing may be glued, pinned, nailed or otherwise stuck to any of the fixtures, walls or fittings in the Venue unless otherwise agreed by the Company in writing, or stated on this booking contract, or stated on the function sheet.

  1. Confidentiality

In this clause, “Confidential Information” means any information of a confidential nature obtained under this Agreement, or relating to this Agreement, including information of any kind relating to another party’s business activities, practices, finances, strategic plans, ideas, designs and innovations, including any “personal data” of which the other party is the “Data Controller”, but not including information:

  • in the public domain (otherwise than by breach of this Agreement);
  • in the lawful possession of the receiving party before the date of this Agreement (other than through liaison between the parties before and in anticipation of this Agreement);
  • obtained from a third party free to divulge it;
  • required to be disclosed by a court or other competent authority; or
  • Properly disclosed on a confidential basis to staff, agents, or professional advisers of the respective parties, for the purposes of this Agreement.

a) No Confidential information shall be released into the public domain without prior consent from either party.

b) In respect to clause 7(a) the customer agrees for imagery of the event, of individuals in attendance and the company name, to be used on Social media and on the Company’s marketing material unless other stated by the customer.

  1. Charges and Payment

a) All charges for the Services will be the charges quoted by the Company at the time of booking (subject to any adjustment in accordance with these terms and conditions) or where no charge is quoted, the charge listed in the Company’s published price list, available upon request, at the date of acceptance of the Customer’s booking.

b) All charges are subject to Value Added Tax at the current rate.

c) All payments are required in Great British Pounds Sterling

d) The Company requires a partially deposit payable at the time of the Customer’s booking, such deposit being equal to 50% of the total contracted cost for the Event (the “Deposit”). The balance of the total contracted cost shall be payable no later than 2 weeks prior to the start of the Hire Period. Notwithstanding any acceptance by the Company of the Customer’s booking, the company will consider the event confirmed upon return of the signed contract. However, the Company shall have no liability in respect of such event unless the designated 50% Deposit has been paid in full and the Contract has been returned to the Company with these terms and conditions signed by the Customer. Notwithstanding the foregoing where the commencement of the Hire Period is less than 30 days from the date of the Customer’s booking the full amount of the total estimated cost for the Event shall be payable at the time of booking.

e) The Customer shall pay the balance of any charges over and above the amounts due pursuant to clause 7(d) above within 30 days of invoice date. The Company reserves the right to charge interest on overdue accounts at a rate of 2% above the base rate of Allied Irish Bank Plc for the time being per calendar month or part thereof.

f) All queries relating to amounts invoiced must be notified in writing to the Company within 7 days of the date of receipt of the Event invoice failing which the Customer shall be deemed to have accepted that the charges on such invoice are due and owing.

g) If the Customer fails to make payment of any charges on the due date then, without prejudice to any other rights or remedy available to the Company, the Company shall without liability to the Customer, be entitled to cancel the Event and the provision of the Services and any orders for future Events or Services from the Customer and charge the Customer for any charges outstanding and the cost of recovery thereof.

  1. Cancellation by the Company

a) The Company reserves the right to cancel an Event and the provision of the Services without liability to the Customer if:-

  • the Venue or part of the Venue has to be closed for reasons beyond the Company’s reasonable control and/or the Venue is required for the staging of a sporting, cultural, or other event which shall be open to the general public, which event was not known by the Company to be staged at the Venue at the time of the Customer’s booking and the staging of which event shall take precedence over the Event. In such circumstances the Company shall notify the Customer as soon as reasonably possible to facilitate the Customer in making alternative arrangements. Where the Event is cancelled by the Company due to the staging of a sporting cultural or other event at the Venue the Company shall return to the Customer the Deposit paid by the Customer. Where the Event is cancelled by the Company due to reasons beyond the Company’s reasonable control the Company shall return all monies paid by the customer in relation to the event, less any costs directly associated with the event that the Company has committed to payout, after such instances that the Company has used reasonable endeavours to reduce said costs;
  • the Customer is in arrears with any payment due to the Company;
  • without prejudice to clause 9 (a) (ii) above, the Customer is in breach of any of these terms and conditions (whether or not amounting to a material or repudiatory breach) and, where such breach is remediable, fails to rectify such breach within 7 days (or such shorter period as may reasonably be stipulated by the Company) of request so to do by the Company; or
  • the Customer becomes (or the Company has reasonable grounds to believe that the Customer will become) insolvent or enters into liquidation or receivership or is subject to any similar process or is unable to pay its debts or (being an individual) is adjudicated bankrupt or dies.

 

b) If the Company cancels the event for those reason listed in Clause 9 a), save for in respect of Clause 9.a.i, the customer will be liable to pay to the Company all of the Customer’s outstanding unpaid invoices in respect of goods or services contracted, and, where no invoice has been submitted, the Company will submit an invoice, which will be payable by the Customer within 14 days of the date of the invoice.

  1. Cancellation by the Customer

a) The Customer shall be entitled to cancel a booking by written notice to the Company but subject always to the provisions of this clause 10.b. A confirmed booking shall only be treated as having been cancelled when the Company receives written notification of the cancellation.

b) The below cancellation fees will apply and all fees to be paid to the Company:

Period to the Commencement of the Event Cancellation fee charged
Confirmation of Event to 6 months 25% of the total contracted amount
6 months to 21 full days 50% of the total contracted amount
20 days or less 100% of the total contracted amount

c) Confirmation of Event stipulated in clause 10.b) should be understood as laid out in clause 8. d) and will be based on the date that the contract was return signed by the Customer.

  1. Liability

a) The Company shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Event and/or the Services if such delay or failure is due to any cause beyond the Company’s reasonable control (including, without limitation, regulations, bye-laws, prohibitions of any kind on the part of any governmental or local authority, strikes, or other industrial or trade disputes, accidents due to natural causes, national or local disasters, flood, fire, accident, sabotage, insurrection, civil disturbance, war, acts of terrorism or the threat of war or terrorism or any event causing the whole or part of the Venue to be closed to the public).

b) The Company does not accept liability for loss or damage to any object, equipment, furniture, stock or other property of any sort brought onto the Venue by the Customer or hired by the Company on the Customer’s behalf howsoever such loss or damage may occur unless as a direct result of the Company’s negligence. All such property will remain under the care and control of the Customer and is entirely at the Customer’s own risk.

c) The costs of repairing any damage caused to the property, contents or grounds of the Venue by the Customer or any of its guests/delegates, representatives or third-party suppliers (whether caused during set-up of the Event, the period of operation of the Event or during any break-down of the Event) must be reimbursed to the Company by the Customer and the Customer shall indemnify and keep indemnified the Company accordingly.

d) The Company shall have no liability to the Customer for any loss of profit, loss of business, contract, goodwill or reputation (in each case whether such loss is direct or indirect) or for any consequential or indirect loss to the Customer arising out of or in connection with the Event and/or the provision of the Services pursuant to the Contract. Except in respect of death or personal injury resulting from negligence of the Company, its servants or agents, the total aggregate liability of the Company for any loss of the Customer arising out of or in connection with the Event and/or the provision or non-provision of the Services shall not exceed the charges payable by the Customer to the Company pursuant to the Contract.

e) The Customer shall be liable for any loss, damage, personal injury or death arising out of or in connection with the Event, except to the extent that any of the same is caused by the negligence of the Company, its servants or agents and the Customer shall indemnify the Company against any claim brought against the Company in relation to any such matters.

f) All vehicles are parked at the Venue at their owners’ own risk and the Company can accept no responsibility in respect of loss or damage to vehicles (except to the extent that any loss or damage to the same is caused directly by the negligence of the Company).

  1. Insurance

a) The Customer shall be responsible for the entire risk of damage to or loss at the Venue or any part thereof except to the extent that any of the same is caused by the negligence of the Company) and (unless otherwise agreed by the Company on the Booking Form) shall take out before the Event and maintain during the Hire Period comprehensive insurance (including, without limitation, in respect of public liability with an amount per claim of not less than £5 million) with respect to its liabilities under these terms and conditions and shall produce satisfactory evidence of such insurance to the Company on demand and in any event not less than 2 weeks in advance of the commencement of the Hire Period.

  1. General

a) The Customer will not use the names “the JM Finn Stand”, “the Kia Oval”, “Oval Events”, “Surrey County Cricket Club”, or the name of any sponsor of the Venue, or any part of the Venue, or any of their associated abbreviations, in any of its advertising or publicity for the Event without the prior written approval of the Company.

b) No variation to these terms and conditions shall be effective unless agreed in writing and signed on behalf of the Company and the Customer.

c) Any notices to be given under these conditions must be given in writing and delivered personally or sent by pre-paid recorded delivery or registered post or by email to the addresses of the parties stated on the front page of these terms and conditions.

d) All quotations issued by the Company and all bookings for any Event are subject to these terms and conditions which shall prevail over any conditions offered by the Customer or subject to which the Customer purports to make any booking for an Event.

e) The Customer may not assign, transfer or sub-contract its rights and/or obligations under the Contract without the prior written consent of the Company.

f) If the term “the Customer” includes more than one person those persons shall be jointly and severally liable under the Contract.

g) These terms and conditions shall be governed and construed in accordance with English Law and each party agrees to submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising.

  1. Notifiable Diseases

a) If the Company are unable to fulfil their obligations in relation to the Event and/or the Services laid out in this contract due to prohibitions of any kind on the part of any governmental or local authority in relation to notifiable diseases (including but not limited to COVID-19) then the company will make every endeavour to move the event to a suitable alternative date subject to availability. This will be agreed by contract variation that will not affect Clause 9 and 10 of this contract.

b) In relation to clause 11(a) in the event that a suitable alternative date cannot be found the Company shall return all monies paid by the customer in relation to the event, less any costs directly associated with the event that the Company has committed to payout, after such instances that the Company has used reasonable endeavours to reduce said costs.

c) If the customer does not feel that their event will be able to proceed on the given date due to the effects of a notifiable disease (including but not limited to COVID-19), once the company has been notified of this then the company will make every endeavour to move the event to an suitable alternative date, subject to availability, and at the discretion of the Company. This will be agreed by contract variation that will not affect Clause 9 and 10 of this contract.

d) Everyone attending the Event has a duty to other attendees and Company staff and contractors and it is the Customer’s responsibility to ensure that the Customer and, as applicable, its guests, do not attend the Event with any COVID-19 symptoms as published by the government from time to time.

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