Terms and conditions relating to the provision of Accommodation, Catering and Conference Facilities
1. THE CONTRACT1.1 The Contract shall be governed solely by the Terms and Conditions herein and shall constitute the whole agreement between the University and the Client.
1.2 In the event of any conflict between the Terms and Conditions and any communications between the University and the Client, the Terms and Conditions shall prevail.
2. DEFINITIONS
In these Terms and Conditions the following terms shall have the following meanings unless the context otherwise requires:
"Terms and Conditions" shall mean the terms, conditions and others contained in Clauses 1 to 11 inclusive and the attached offer letter.
"the Contract" shall mean the Contract constituted by the Terms and Conditions and the Client's acceptance of these.
"the Services" shall mean the provision of [the accommodation] [the catering] and/or [conference facilities] by the University to the Client as detailed in the offer letter.
"the University" shall mean the University Court of the University of Glasgow.
"the Conference Office" shall mean the conference office which is part of the University and has its office at 3 The Square, University of Glasgow, Glasgow G12 8QQ.
"the Client" shall mean the company, firm, person, university or other legal person accepting the Terms and Conditions.
"Guest(s)" shall mean any and all persons for whom the Services are to be provided in terms of the Contract.
3. PRICE
The price payable by the Client to the University in respect of the provisions of the Services is that specified in the offer letter subject however to the University having the right to adjust the price after the date of acceptance by the Client but prior to the date on which the Services are first provided. Written notification of any price changes will be made to the Client as soon as possible. In such event the Client will have the option to resile from the Contract provided the University receives written confirmation of this from the Client within 14 days of the notification of change of price. In these circumstances any deposit will be refunded to the Client. If no such notification is received within said period the Client will be deemed to have accepted such change of price and to have waived its right to resile from the Contract.
4. PAYMENT
4.1 All prices and charges stated by the University are exclusive of Value Added Tax or other Government charges unless otherwise stated.
4.2 The Client is required to lodge with the University either a deposit or full payment (depending on the University's requirement for a deposit or full payment as specified in the attached offer letter) and this deposit or full payment as the case may be must be lodged by the Client together with the Client's acceptance of the attached offer letter, failing which the Client's acceptance of this Offer shall be invalid and shall have no effect. Save as provided in Clauses 3 and 6 such deposit shall be non-refundable.
4.3 If any deposit or any full payment as specified in Clause 4.2 does not reach the University by the date(s) stipulated in the attached offer letter then there will be no Contract in existence and the University will not require to give any written notice to this effect to the Client, although the University will be entitled to do so should the University deem appropriate.
4.4 Where a booking is made by the Client on a date falling more than 6 weeks prior to the intended date of arrival of the Guest(s), payment in respect of the Services (after deduction of any booking fees and/or deposit previously paid) shall be made by the Client in full no later than 6 weeks prior to the intended date of arrival of the Guest(s) in exchange for a statement issued by the University to the Client showing the amount due (which statement shall not for the avoidance of doubt take the form of a formal invoice ),failing which the University reserves the right to terminate the Contract without penalty.
Accommodation Bookings only
The attached offer letter will detail all terms of final payment where considered appropriate by the University, and if no terms of final payment are detailed in the attached offer letter the following provisions shall apply :-
Where a booking is made by the Client on a date falling 6 weeks or less prior to the date of intended arrival of the Guest(s) payment in respect of the Services (together with payment of any booking fees and/or deposit due at the time of such booking, which booking fees and/or deposit shall be taken into account when calculating the payment due in respect of the Services) shall be made by the Client in full immediately at the time such booking is made by the Client, in exchange for a statement issued by the University to the Client showing the amount due (which statement shall not for the avoidance of doubt take the form of a formal invoice) failing which the University reserves the right to terminate the Contract without penalty.
4.5 Interest at the rate of 4 per cent above the base rate from time to time of the Clydesdale Bank PLC will be payable on all sums remaining unpaid after the due date for payment until payment in full has been received by the University.
5. CANCELLATION BY THE CUSTOMER
5.1 Cancellation of a booking can be effected only by written notice. Such cancellation will be effective only when received and acknowledged by the University.
5.2 Without prejudice to any other remedy which the University may have (a) in the event of a cancellation at any time the University shall be entitled to retain the full amount of any such deposit(s) and/or booking fees paid by the Client and (b) the following cancellation costs will be payable to the University on demand by the Client :-
Percentage of Price Payable re Bedroom Accommodation Percentage of Price Payable re catering and services
Cancellation Notices Received :-
1 More than 6 months but less than a year prior to the Event 10% 10%
2 More than 3 months but less than 6 months prior to the Event 15% 15%
3 More than 1 month but less than 3 months prior to the Event 50% 30%
4 More than two working days but less than 1 month prior to the Event 75% 75%
6. UNIVERSITY'S RIGHT TO TERMINATE THE CONTRACT
The University reserves the right to terminate the Contract at any time. In such event, the University shall return the deposits and/or booking fees and any price paid by the Client.
7. GUARANTEE OF NUMBERS
7.1 The Client will be responsible for payment in respect of the number of persons as stated in the Contract. There shall be no reduction in the price if the actual number is less than the number stated in the offer letter.
7.2 In the event that the Client wishes to increase the number of persons, the University shall use all reasonable endeavours to comply with such request provided that such request is made no later than seven days prior to the date for the provision of Services. Any additional costs thereby incurred by the University will be payable by the Client.
8. VENUE HIRE
8.1 If the Client intends to sell (or issue, free of cost) tickets to the Guests in respect of any event which will be held by the Client, using facilities provided by the University as part of the Services, the Client will notify the University in writing on or before the date 15 weeks prior to the date of the proposed event (such notification to include full details of the proposed event including the nature of the event and anticipated number of attendees).
8.2 Provided that the Client notifies the University in accordance with the above clause 8.1 and provides the University with any additional information required by the University, the University will make an application to the relevant statutory authority within 3 weeks of the University's receipt of such notification for a Public Entertainment Licence in respect of the Client's proposed event.
8.3 The costs incurred in applying for the Public Entertainment Licence will be payable by the Client on demand whether or not the application is successful.
8.4 The Client shall be entitled to hold the Client's proposed event if and only if a Public Entertainment Licence (in terms satisfactory to the University acting reasonably) is obtained and if all costs incurred by the University in obtaining the Licence have been met by the Client. In the event that no Public Entertainment Licence is obtained (whether because the application has been refused or for any other reason) and/or in the event that the Client has failed to pay the costs incurred by the University in obtaining the Licence (provided that such costs have been demanded by the University) the Client shall be prohibited from proceeding with the proposed event.
8.5 If the Client is prohibited from proceeding with the proposed event, for the avoidance of doubt this Contract will continue in full force and effect and the Client's liability under this Contract will not be waived or reduced, except where the University in its absolute discretion decides otherwise.
8.6 No material publicising the event and no product sold or distributed at the event shall contain any reference, or shall give any impression, to the effect that the University has endorsed the event or product. The Client will ensure at all times that the product or event is not promoted or presented in such a manner that any inference would reasonably be drawn that the product or event is sponsored by or linked to the University or has the University's approval, and will comply with any directions given by the University to this effect.
9. ROOMING LIST AND MEALS
The Client will provide the University with a rooming list and details of any specific dietary or other requirements not later than four weeks prior to the date on which the Services are to be provided. Any substitution of names must be notified to the University as soon as possible. Whilst the University agrees to use all reasonable endeavours to cater for any such special requirements it will be under no obligation to do so and failure to do so will not amount to any breach by the University of the Contract. Any variation to meal times may result in additional costs which will be passed on to the Client.
10. ADDITIONAL TERMS APPLYING TO ACCOMMODATION
10.1 It is the duty of the Client to ensure that these Terms and Conditions and the terms of this Clause 10 in particular are brought to the attention of all Guests.
10.2 The Client shall ensure that rooms are vacated by 1000hrs on the date specified in the Contract and that all rooms are left in a neat and tidy condition. The rooms will be available for occupation on the date of arrival from 1400hrs at the earliest.
10.3 No animals (except for guide dogs for the blind) are permitted in the University's accommodation.
10.4 It may be necessary for the University to re-allocate the Client or any of the Guests from the University accommodation originally notified to the Client at the time of entering into the Contract to suitable alternative accommodation. The University shall be entitled to make such changes and shall not be deemed to be in breach of any of these conditions in the event that it requires to do so.
10.5 The University's fire regulations and evacuation procedures must be read and complied with by all Guests.
10.6 All Guests must comply with all reasonable instructions of University Hall Wardens or Managers.
10.7 Neither the University nor its servants, agents or sub-contractors will be responsible to any Guest for any personal effects, valuables or other articles brought on to University accommodation.
10.8 In so far as the Data Protection Act 1998 applies to any personal data, held by or on behalf of the University relating to customers or any party deriving right from them, the following provisions of this clause 10.8 shall apply.
10.8.1 The University shall be entitled to use all personal data for the purposes of their business including, without limitation, providing up-to-date news and offers, and for the purpose of the provision of the services offered by the University. Customers may opt-out or request that they do not wish for their personal data to be retained for any future marketing campaigns by contacting: - Conference and Visitor Services, No 3 The Square, University of Glasgow, Glasgow G12 8QQ or sales@cvso.co.uk.
10.8.2 In the course of so using personal data, the University shall be entitled to disclose or transmit the same to their agents and sub-contractors and to such others as may be required by law or in connection with legal proceedings.
11. GENERAL
11.1 Premises
The Client accepts that the University premises which are made available in accordance with the Contract are in all respects fit for the purpose for which they are required. No warranty whatsoever is provided by the University that any University premises are authorised by statute for any specific purpose.
11.2 Accessibility
The University of Glasgow is committed to providing an accessible environment to all disabled visitors and residents. This includes giving disabled visitors the opportunity to disclose confidentially their support needs, in advance of their visit. We have a duty to make reasonable adjustments in anticipation of such requests and to do all we can to ensure that disabled visitors do not experience less favourable treatment.
For the avoidance of doubt, the Client is responsible for complying with any obligations imposed on the Client by the Disability Discrimination Act 1995 and all amendments and/or statutory enactments thereof.
11.3 Assignation
The Client shall not be entitled to assign the Contract or any benefit thereunder. The University shall be entitled to sub-contract the performance of any part of the Contract.
11.4 Force majeure
Neither party shall be liable to the other in the event that either party is delayed in or prevented from the performance of its obligations hereunder by reason of force majeure which for the purposes hereof shall mean any cause of delay or prevention beyond the reasonable control of the University and/or the Client and shall include strikes, lock-outs, riots, sabotage, acts of war, destruction or damage of essential equipment by fire, explosion, flood or reduction or unavailability of power or other services.
11.5 Damages/insurance
The Client shall be responsible to the University for all loss, damages or expenses incurred by the University, including but without prejudice to the foregoing generality damage caused to the University's property, which relate to or arise out of the acts or omissions of the Client or Guests and the Client shall on demand indemnify the University accordingly. The Client is obliged to insure all equipment and/or any moveable property of value which is to be brought on to the University's premises on a "All Risks" basis for their full reinstatement value for the time being and to maintain third party and public liability insurance with a reputable insurance company, to a level satisfactory to the University acting reasonably. On demand, the Client will produce to the University the policy or policies for such insurance and the receipt for the current premium.
This offer is open for acceptance for a period of 30 days from the date of this offer letter failing which it will lapse. If you wish to accept the offer, please confirm your acceptance by completing the acknowledgement.
Full payment is due and payable on acceptance of this offer letter and must be presented with such acceptance failing which no Contract will be constituted.