CONGRATULATIONS ON BOOKING YOUR CHRISTMAS PARTY WITH US
We are delighted that you have chosen to hold your Christmas party at one of our mixed group Christmas Party nights.
Please find below the itinerary based on our Christmas Party Night flyer for your information.
7.00pm Arrival to The BarnYard and be welcomed into our festive Arboretum
Reception drinks served upon arrival
The bar will be open for the purchase of pre-dinner drink
7.45pm Dinner to be served
9.30pm Entertainment to commence
12.30am Music to stop
Bar to close
We will ask you to pay the Initial Reservation Fee of £20 per person.
The Reservation Fee is charged firstly for us reserving, in our diary, seats for our Mixed Group Christmas Party on the above date that then is not available for others to book and if you cancel we may lose the opportunity to sell on to others, and also the amount we calculate for pre-function costs incurred by us BEFORE your actual function including (but not limited to) planning services made available to you throughout the run up to your event, grounds maintenance/gardening/general repairs (to keep the venue to the standard required for functions), business insurance, IT and computing, licenses, professional and legal fees, utilities, staffing costs, rent etc so are for expenses already incurred by us which are therefore non-refundable.
FINAL NUMBERS / MENU CHOICE
Final numbers and menu chosen will be due 5 weeks before your party date, whereby we will then invoice you for the remaining balance to be paid no later than 4 weeks before the event. We will be in touch six to eight weeks beforehand to remind you. Please note that the final balance will have deducted from it the Reservation Fee you have already paid.
Please see the menu choices which we will need returned no later than one month before your party date.
I trust that I have understood your requirements correctly and please feel free to contact me on 01634 235059 (option 2) or email firstname.lastname@example.org if you have any further questions.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which We supply services to You and on which We will put on Your Event.
1.2 Why you should read them. Please read these terms carefully before You submit a Booking to Us. These terms tell You who We are, how We will perform Our side of the Contract, how You and We may change or end the Contract, what to do if there is a problem and other important information. If You think there is a mistake in these terms please contact Us to discuss. Payment of any monies to us implies acceptance of these terms and conditions.
1.3 Definitions. To help You understand this document, where we use the following terms in this document they will have the meaning given below:
Booking: the reservation by You of any or all of the banqueting rooms, equipment and other facilities situated at the BarnYard.
Booking Confirmation: Our confirmation of Your Booking as amended and updated from time to time.
Brochure: Our brochure (if in existence) or Xmas party package when your booking was confirmed.
Charges: the charges payable by You for the Event as amended and adjusted from time to time in accordance with these Conditions.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.4.
Contract: the contract between Us and You for entry to the BarnYard in accordance with these Conditions.
Event: the party to be held by You at the BarnYard in accordance with the Booking further details of which are contained in the Booking Confirmation.
Event Outside Our Control: is defined in clause 10.
Guests: those individuals and their families and guests who attend the Event.
Minimum Number of Guests: As stated in the Booking Confirmation (or as agreed by us and You).
the BarnYard: the premises and buildings at the BarnYard, Oak Lane, Upchurch, Kent, ME9 7EZ.
We or Us or Our: The BarnYard (Kent) LTD
You or Your: The person or persons who have made a booking for an event.
1.4 Who We are:
WE ARE THE BARNYARD (KENT) LTD, A LIMITED COMPANY ESTABLISHED IN ENGLAND AND WALES. OUR REGISTERED VAT NUMBER IS 246 4334 10. YOU CAN CONTACT US BY TELEPHONING OUR CUSTOMER SERVICE TEAM AT 01634 235059 OR BY WRITING TO US AT: OFFICE@THE-BARNYARD. COM OR THE BARNYARD, OAK LANE, UPCHURCH, KENT ME9 7EZ.
1.5 If We have to contact You We will do so by telephone or by writing to You at the e-mail or postal address You provided to Us in Your Booking.
1.6 If We use the word “writing” or “written” in these Conditions this will include e-mails.
2. MAKING A BOOKING
2.1 The Booking constitutes an offer by You to make a reservation in accordance with these Conditions. When making a mixed group Christmas party booking for a particular date you shall pay a Reservation Fee of £20 per guest to us. The terms of the Reservation Fee are explained in the Booking Confirmation. The Booking shall only be deemed to be accepted when We issue written acceptance of it to You by way of the Booking Confirmation or when We receive the Reservation Fee, whichever is the later, at which point the Contract shall come into existence. Once the Contract has been formed the Reservation Fee shall be non-refundable and non -transferable.
2.2 If the Hirer has entered into these Terms and Conditions off-premises – namely through a distance contract – and has not actually been to ‘view’ the premises before booking, the Hirer shall have the right to cancel their booking within a cooling off period, being within the first 14 days from the Contract existence (see clause 2.1 above).
2.3 These Conditions, the Booking Confirmation (as amended and updated from time to time) and any other terms agreed in writing between You and Us apply to the Contract.
2.4 Any drawings, descriptive matter or advertising issued by Us, and any descriptions or illustrations contained in Our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the BarnYard and the facilities described in them which may be changed during the life span of any brochure.
3. THE BOOKING AND PAYMENT
3.1 We shall provide You with access to the BarnYard (or a part of it) to hold the Event as agreed in the Booking Confirmation and these Conditions.
3.2 We shall provide the food and drink (in accordance with Your chosen option from the Xmas party package applicable to your booking) as agreed in writing between Us and You.We shall cater for any dietary requirements that are notified to Us in good time before the Event. Such additional services may result in an increase to the Charges which will be notified to You as soon as reasonably practicable.
3.3 The Charges shall be as set out in the Booking Confirmation or the party package information, as applicable, (or as otherwise agreed between Us and You). The Charges shall be adjusted as set out in these Conditions if You request any changes to the information contained in the Booking Confirmation (including, but not limited to, changes to the number of Guests or choice of menu).
3.4 The remainder of the Charges (as adjusted in line with these Conditions) – shall be due one calendar month before the date of the Event or the date specified in the Booking Confirmation (if different). An invoice will be sent to you for this.
3.5 Payment of each portion of the Charges must be made in full and in cleared funds by the due date for payment. All monies pre-paid will come off your final balance for your contracted date.
3.6 If a date change is requested then this can be arranged but all monies paid will not be transferable to the new date (as the charges are paid for pre-event costs and reservation of the date which is not then available for others to book) and a new contract will be drawn up which will mean new charges will need to be paid towards this new contracted date, unless We agree anything differently with You in writing.
3.7 We accept payment by BACS, cash or credit card.
3.8 All amounts payable by You under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being (VAT). We reserve the right to increase the Charges in the event of any increase in the level of VAT applicable. We will always write to you if this was the case to let you know.
3.9 If You fail to make any payment due to Us under the Contract by the due date for payment, then You shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank Plc’s base rate in force at that time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
4. CHANGES TO THE BOOKING
4.1 You shall not be permitted to reduce the number of Guests after the final invoice has been paid. In the case that fewer Guests attend the Event than the final number of Guests agreed between Us and You, You shall not be entitled to any refund in respect of the Charges. If You increase the number of Guests in attendance at the Event after the final invoice has been paid the Charges shall be adjusted accordingly and an additional invoice shall be issued to You.
5. EVENT RULES
5.1 You shall:-
5.1.1 ensure that the terms of the Booking are complete and accurate and advise Us of any changes required to the Booking Confirmation as soon as reasonably practicable;
5.1.2 provide us with such information as We may reasonably require and ensure that such information is complete and accurate;
5.1.3 co-operate with, and ensure that the Guests at the Event, co-operate with Us in all reasonable respects;
5.1.4 ensure that children are kept under adult supervision at all times whilst at the BarnYard;
5.1.5 not allow any food or drink to be consumed at the BarnYard that is not supplied by Us and You shall be liable for any loss caused to Us by any breach of this clause by You or the Guests; Any food or drink found being brought in or consumed on the premises will be confiscated and there will be no obligation on our part to return this. If found we reserve the right to invoice you for a reasonable amount to cover any losses we feel we may have suffered.
5.1.6 We reserve the right to allow our Security team to ask any offending guest to leave our premises.
5.1.7 ensure that the Guests comply with Our reasonable instructions;
5.1.8 comply with all licensing, health and safety and other regulations relating to the BarnYard and the Event;
5.1.9 not store or place on any premises of the BarnYard any inflammable substances;
5.1.10 vacate the BarnYard at the time agreed with Us and remove all items brought on to the BarnYard by You, Your Guests or anybody on Your behalf, immediately after the end of the Event. You shall not, unless otherwise agreed, be permitted to leave any items at the BarnYard overnight following the Event. If We have to remove any items from the BarnYard You shall pay an additional £100 and We shall issue an invoice in respect of such fees upon clearance of the BarnYard. Such invoice shall be payable within 28 days in full and in cleared funds. If any items of a personal nature or any decoration items are left on site overnight we shall not take any liability for their safe keeping. This would be done at your own risk.
5.2 You shall ensure that the Guests also comply with the above requirements.
5.3 The bar shall close, and music shall end, as per the Xmas Party Booking information.
5.4 If the performance of any of Our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (Your Default) We shall have the right to refuse entry, or refuse the continued access, to the BarnYard to You or the Guests until You remedy Your Default. In the event of Your Default, You shall remain liable for all Charges and additional charges which would have been due had We been able to perform Our obligations under the Contract.
5.5 You shall be responsible for all loss or damage caused to Our property, including items hired for use at the Event, caused by the act, omission or negligence of You (including anybody acting on Your behalf) or one of the Guests. You shall indemnify Us in respect of any loss or liability resulting from such loss or damage.
5.6 The BarnYard have a zero tolerance policy on alcohol, drug and substance mis-use. We reserve the right to eject any guest at your event who are not abiding by our policy (and the law) on this.
6. OUR LIABILITY TO YOU
6.1 If We fail to comply with the Contract We are responsible for loss or damage You suffer which is a foreseeable result of Our breach of the Contract or Our negligence but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Our breach or if it was contemplated by Us and You when the Contract was entered into. Except as outlined below, We will not be responsible for any loss or damage other than as stated in this clause.
6.2 We shall not have any liability to You for losses that were not foreseeable to both parties when the contract was formed or losses that were not caused by Our breach.
6.3 You shall not leave any items at the BarnYard and You shall not arrange for any items to be delivered to the BarnYard without our consent. Any items left at the BarnYard during the Event or otherwise by You and the Guests are left solely at the owner’s risk and We shall have no liability in respect of any loss or damage to such items unless such loss or damage is caused by Our breach of the Contract or Our negligence.
6.4 We do not exclude or limit in any way Our liability for:-
6.4.1 any death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
6.4.2 fraud or fraudulent misrepresentation;
6.4.3 breach of the terms implied by section 49 of the Consumer Rights Act 2015 (services to be performed with reasonable care and skill);
6.4.4 breach of the terms implied by section 50 of the Consumer Rights Act (information about trader or service to be binding); and,
6.4.5 defective products under the Consumer Protection Act 1987.
6.5 This clause 6 shall survive termination of the Contract.
7. CANCELLING A BOOKING
7.1 You may cancel the booking at any time by notice to us, but if You cancel a Booking You shall pay to us a cancellation fee as follows:-
7.1.2 Cancellation of the Booking more than one calendar month prior to the Event – We shall retain your Reservation Fee paid.
7.1.3 Cancellation of the event less than one calendar month before the Event – we shall invoice you for 100% of anticipated charges based on guest numbers as per that written in the Booking Confirmation – less the Reservation fee already paid.
7.1.4 Upon your cancellation of your Booking, we will issue an invoice to you for any balance between the payments already made and the Cancellation Costs above, which you agree to pay us (in cleared funds) within 14 days of the date of the invoice. If your payments towards the price already made are more than the Cancellation Costs above, we will refund the balance to you within 14 days of our confirmation receipt of your request to cancel.
7.2 If You wish to cancel the booking and terminate the contract then you shall serve notice on us in writing to be sent by registered post to The BarnYard at the address stated in these Conditions or as otherwise notified to you or by email. The cancellation shall be effective from the date we receive such notice. We will treat each written notice to cancel that we receive from you (even if from only one of you) as being communicated jointly for and on behalf of both of You named on the Booking Confirmation. Due to the nature of your Booking, the statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply as your Booking is considered a leisure service activity and is booked for a specified date.
7.3 We reserve the right, without limiting Our other rights or remedies, to cancel the Event and terminate the Contract if:-
7.3.1 You have not paid the Charges as they fall due and such Charges are more than 30 days in arrears;
7.3.2 You break the Contract by failing to comply with Your obligations under it such that your Event can no longer take place;
7.3.3 You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to put on the Event, for example, the number of Guests.
7.3.4 You suspend, or threaten to suspend payment of Your debts or You are the subject of a bankruptcy petition or order; or
7.3.5 the Event might, in Our reasonable opinion, seriously prejudice Our reputation.
7.4 We shall have the right to end the Contract if the events referred to in clause 7.3 occur in relation to only one of You.
7.5 You can always cancel the Booking if You have a legal right to end the Contract because of something We have done wrong, We have told You about a change to the Event or these Conditions which You do not agree to or We have told You about an error in the price or description of the Event and You do not wish to proceed. In these circumstances We shall refund You in full if the Event cannot take place. We may though change the venue and/or services provided without giving you prior notice or allow cancellation of the Contract if the below changes are required:
7.5.1 to reflect changes in relevant laws and regulatory requirement; or to implement minor adjustments and improvements. These changes will only be made without your agreement if they do not negatively affect your use of or the value of the Venue/Services and the cause of any such damage will not be treated as an Event Outside our Control. Changes may include us making cosmetic and/or structural changes to the Venue if we reasonably believe those changes will improve the Venue/Services for You.
7.6 We will take reasonable steps to mitigate our losses that result from your cancelled booking. The Cancellation Costs will be subject to deductions (in the form of a refund at a later date) to the extent that we are able to mitigate our losses wholly or in part (for example, by reselling your cancelled booking), subject to any such deductions to account for losses we are not able to mitigate (for instance the Reservation Fee).
8. IF THERE IS A PROBLEM
8.1 How to tell us about problems: If You have any questions or complaints please contact Us on the number or at the address given in these Conditions.
8.2 Summary of Your key legal rights: For detailed information about Your key legal rights, please visit the Citizens Advice website, www. adviceguide.org.uk or call 03454040506. Nothing in these Conditions will affect Your legal rights.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 How we will use Your personal information. We will use the personal information You provide to Us to:
9.1.1 put on the Event and perform Our obligations under the Contract;
9.1.2 process Your payment for the Event.
9.2 We will only give Your personal information to third parties where the law either requires or allows Us to do so.
9.3 We may have to pass Your details on to Our suppliers in order to allow us to put on the Event.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means a cause or circumstance not within our reasonable control (as listed below) which affects the performance of our obligations under this Contract – including but not limited to:
10.2.1 the death of You or one of You, strikes, or other industrial disputes (whether involving the workforce of the Supplier or any other party but not Our own staff), failure of a utility service or transport network (where We do not control it), act of God, war, riot, civil commotion, nuclear, chemical or biological contamination, or sonic boom, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery (which We cannot control), fire, flood, storm or default of suppliers or subcontractors. Epidemic or pandemic (includes but not limited to Covid-19), in each case including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a Government body, authority, public health organisation or other similar official body) or outbreak at the Venue.
10.3 If an Event Outside Our Control prevents the Event from taking place, We may cancel the Event and We will not have any liability to You as a result of such cancellation providing We have taken all reasonable steps to prevent or minimise the disruption to the Event. The Reservation Fee paid shall not be refundable (being an approximation of the value of goods or services already rendered) and (where the value of the goods or services already delivered to You is greater than the value of the Reservation Fee) We shall be entitled to be paid additionally for all goods and services delivered to You up to that point. We will not be liable for any additional losses suffered by You as a result of such circumstances.
10.4 If we are delayed, hindered or prevented from providing the venue (and associated services) due to an Event Outside Our Control we will contact you as soon as possible to let you know. We will then discuss our proposed steps to minimise the impact and what options will be available to You. These options will differ on a case by case basis depending on the nature of your Booking and the impact of the Event Outside Our Control. They could include postponement of event date or allow a decrease in minimum guest numbers.
10.5 If we are unable to agree on a suitable option for you to minimise the impact of the Event Outside Our Control, you may contact us (or we may contact you) to end your Contract with us and cancel your Booking.
10.6 If your Booking is cancelled as a result of an Event Outside Our Control you will be entitled to a refund of monies paid (or, where applicable, a release from further liability to make payment) under your Contract, less:-
10.6.1 The Reservations Fee already paid
10.6.2 Our reasonable expenses incurred in relation to your Booking up to the date of cancellation;
10.6.3 Our unavoidable expenses we will incur in relation to your Booking after the date of cancellation (for examples, expenses we are commited to pay to external suppliers and pre-ordered products that we cannot cancel).
10.7 We will make every effort to calculate our retained costs (reasonable/unavoidable expenses) as quickly as possible and will also deduct any costs we are able to mitigate including if we receive payment under a relevant insurance policy.
10.8 If you wish to cancel your Booking due to our delay, hindrance or prevention from providing our Services/Venue due to an Event Outside Our Control, you will be liable only for the above amounts and not the higher Cancellation Costs applicable to Client Cancellations where there is no Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 We may transfer this agreement to someone else. We will always tell You in writing if this happens and We will ensure that the transfer does not affect Your rights under the Contract. If You are unhappy with the transfer You may contact Us to end the Contract within 10 days of Us telling You about it and We will refund any payments You have made in advance (other than the Reservation Fees) if the Event has not yet happened.
11.2 Even if We delay in enforcing this Contract We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Conditions, or if We delay in taking steps against You in respect of You breaking this Contract, that will not mean that You do not have to do those things or prevent Us from taking steps against You at a later date. For example, if You miss a payment and We do not chase You, We can still require You to make the payment at a later date.
11.3 Nobody else has any rights under this Contract. This Contract is between You and Us. No other person shall have any right to enforce its terms.
11.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 These Conditions, and the Contract, are governed by English law and You can only bring legal proceedings in respect of the Event in the English courts.
11.6 We advise You to take note and inform all of your guests about the uneven floor surfaces at The BarnYard so that care can be taken when choosing appropriate footware to wear during the Event. We take no responsibility for accidents that occur due to You and your guests not taking care when walking around the venue or sensible footware not being worn.
11.7 You give Us permission to use any photographs, video or audio from the Event for any advertisement, marketing, leaflets, promotional information, website, social media or other publicity purposes as reasonably required by Us. We agree that We will comply with all copyright and other reproduction restrictions in relation to such media.