Nissan Sports and Leisure complex (Nissan sports and social club)
These terms and conditions apply to all individual and group users and to all contracts for the provision of goods and services provided by Nissan Sports and Leisure complex (Nissan sports and social unincorporated members club, the “Club”) to a Customer (the “Customer”). Such goods and services shall include but not be limited to room hire and catering events.
These terms and conditions shall apply to the exclusion of all other terms and conditions.
We recommend that you read these terms and conditions carefully. If you do not understand any provision in them, please contact the Club by putting your questions in writing. You should consider asking a solicitor to advise you, or you may obtain the information or guidance you need from your local Citizens advice bureau or local authority trading standards department.
1. Booking and cancellation
1.1 These terms and conditions and the bookings pro-forma shall form a contract between the Club and the Customer (the “Contract”). Only when the Customer receives written acceptance of the booking from the Club will the Contract between the Customer and the Club become binding.
1.2 Bookings shall be treated as provisional and unenforceable by the Customer until: (i) written confirmation of the booking is sent by the Customer to the Club or the official bookings pro-forma is completed, signed and delivered by the Customer; (ii) the Customer provides the Club with the deposit amount; and (iii) the Club has provided written confirmation of its acceptance of the booking.
1.3 The Customer shall inform the Club on the booking pro-forma of the number of guests attending the event. If on the day of the event, the numbers of guests changes from that stated on the booking pro-forma, the Club reserves the right to amend the below room hire charges to cover any additional costs incurred by the Club.
1.4 Any cancellation by the Customer must be delivered to the Club in writing. The following cancellation charges shall be payable in respect of each cancellation: (i) over 3 months prior to the event = 50% payable; (ii) 6 weeks - 3 months prior to the event = 75% payable; and (iii) less than 6 weeks prior to the event =100% payable.
1.5 The Club reserves the right to treat the postponement of an event as a cancellation. However, the above cancellation charges shall only be charged to the Customer to the extent that the Club is unable to recover any loss resulting from the postponement.
1.6 It is the Club’s aim to provide the Customer with the service requested for their event. However, in the unlikely event that the Club, for any reason, needs to change any aspect of the event, the Club reserves the right to do so at any time. The Club shall notify the Customer promptly on such an occurrence and shall use its reasonable endeavours to provide alternative(s) of a similar standard.
1.7 The Club may cancel a booked event: (i) upon 14 days’ written notice to the Customer; (ii) if the Customer is over 30 days in arrears with any payment due to the Club;
(iii) the Club becomes aware of any financial deterioration in the Customer’s ability to pay for the event; or (iv) in the Club’s reasonable opinion, the event may prejudice the reputation of the Club.
2. Charges and Interest
2.1 The charges for the goods and services provided to the Customer by the Club and the payment schedule are detailed on the booking pro-forma. The Customer shall pay all charges, less any deposit or interim payments made by the Customer, to the Club a minimum of 90 days before the event. Where a booking is made less than 90 days before the event, the Club reserves the right to request payment of the charges in full at the time the booking is made by the Customer.
2.2 The charges for room hire are based on catering numbers. The current charges are as follows: (i) Saturdays: (a) 120 and above = £0; (b) 80-119 = £60; and (c) below 80 = £240; (ii) any day other than a Saturday: (a) 80 and above = £0; and (b) below 80 =£120; and (iii) for Direct Club members: (a) 80 and above = £0; and (b) below 80 = 50% of standard charges.
2.3 Interest on overdue payments shall accrue on a daily basis from the date when payment becomes due until the date of actual payment at a rate of 4% above Barclays Bank PLC’s base rate in force from time to time, and shall accrue at such a rate, after, as well as before any judgment is made against the Customer.
2.4 All charges are quoted inclusive of VAT unless clearly stated to be exclusive of VAT. In the event of circumstances beyond the Club’s control (e.g. increases in the standard rate of VAT), the Club may increase the charges quoted to any extent which reflects such changed circumstances. Any unreasonable increase in the charges will give the Customer the right to terminate its Contract with the Club and receive a full refund.
The Customer shall be responsible for any loss of and/or damage caused to the premises and/or the furnishings, utensils and equipment of the Club or Nissan Motor Manufacturing (UK) Limited as a result of any act, default or neglect of the Customer or any of the Customer’s sub-contractors, employees or guests (“Associated Persons”). The Customer shall pay to the Club, on demand, any reasonable amount required to make good or remedy any such loss and/or damage and the Customer is advised to take out appropriate insurance to cover the cost of any such loss and/or damage.
4. Customer obligations
4.1 shall assume responsibility for cleaning the premises following the event and/or pay the Club in full for any cleaning costs incurred by the Club in relation to the Customer’s, or its Associated Persons’, use of the premises; and
4.2 shall not: (i) make any permanent, semi-permanent, decorative or structural changes to the premises; and/or (ii) use bolts, screws, nails, tacks or similar objects to fix items to any part of the premises; and/or (iii) or use any adhesive substances, including but not limited to reusable adhesive, to attach items to any part of the premises.
5. Conduct of customers and guests
5.1 The Customer shall and shall procure that its Associated Persons shall: (i) cause minimum disruption to the Club and its members when using the premises and/or accessing the premises; (ii) not use party poppers, confetti, fireworks, table sprinklers, candles or any other similar products at the premises without the prior written consent of the Club; (iii) not bring food or beverages (including but not limited to alcoholic beverages) onto the premises without the prior consent of the Club’s general manager; (iv) not use or permit the use of the Club’s name or any intellectual property rights of the Club or NMUK; and (v) on the Club’s reasonable request, remove guests or unauthorised visitors from premises.
5.2 The Club reserves the right to ask any guest to leave the premises, without incurring liability to the Customer, if any such guest commits any dangerous or illegal act, or fails to remedy, at the Club’s reasonable request, any unacceptable behaviour.
6. Statutory regulations and safety
6.1 The Customer must observe all statutory regulations affecting the Club, including but not limited to those relating to music and entertainment. The Customer shall observe all reasonable regulations and directions relating to their event which may be notified to them from time to time by the Club. The Customer shall provide any and all information relating to the event at the Club’s reasonable request.
6.2 The Club and the Customer shall maintain free access to fire exits at all times. Risk assessments shall be provided to the Club by the Customer for any and all activities taking place at the Club.
6.3 The Club reserves the right to approve all electrical equipment brought onto the premises by the Customer. The Customer shall ensure that all electrical equipment brought onto the premises has been PAT (portable appliance testing) tested in the 12 month period prior to the event and carries a yellow PAT sticker showing the date of the most recent PAT test.
7. Guests’ property
The Customer shall assume responsibility for all property belonging to it and its Associated Persons. The Customer is advised to take out appropriate insurance for the duration of the event to cover the cost of any loss and/or damage to such property. Any items left unattended on the premises by the Customer or its Associated Persons are left at the owner’s risk, and the Customer shall notify all of its Associated accordingly in advance of the event.
8. Professional bodies and performing rights
The Club reserves the right to approve the engagement of any photographer, musician, artist or other person in connection with any event by the Customer and/or its Associated Persons. The Customer assumes all responsibility for ensuring that all relevant performing right society and phonographic performance limited forms are completed by any band or musician employed by the Customer where applicable. The Club reserves the right to stop any inappropriate entertainment taking place on the premises during the event.
9. General Liability
9.1 Nothing in these terms and conditions excludes or restricts the Club’s liability for fraud, death or personal injury resulting from its negligence, or for any other liability to the extent such liability may not be excluded or limited as a matter of law.
9.2 The Club shall not be liable to the Customer or its Associated Persons whether in contract, tort (including negligence) or otherwise for any indirect, consequential or economic loss, loss of profits, loss of opportunity, inconvenience or injury to feeling howsoever arising.
9.3 In no event shall the Club’s aggregate liability in respect of claims from or in relation to the Contract for any loss and/or damage in contract, tort (including negligence) or otherwise, exceed the total amount paid by the Customer to the Club in respect of the event.
9.4 The Club shall not be liable for any breach of the Contract or delay or failure in providing the services which results from causes beyond its reasonable control.
10.1 Where the Customer is a consumer (namely not entering into this Contract in the course of business) these terms and conditions shall not affect the Customer’s statutory rights. For further information about your statutory rights please contact your local authority trading standards department, the Citizens advice bureau or go online at www.consumerdirect.gov.uk.
10.2 The Contract may be assigned by the Club, but shall not be assignable by the Customer without the prior written consent of the Club.
10.3 The Contract shall be governed and construed in all respects in accordance with the laws and courts of England and Wales.
10.4 The Contract is between the Customer and the Club and no other person shall have any rights to enforce any of its terms.
10.5 If the Club fails to insist that the Customer performs any of its obligations under the Contract or the Club fails to enforce its rights against the Customer or delays in doing so, it shall not mean that the Club has waived its rights against the Customer and shall not mean that the Customer does not have to comply with its obligations. If the Club gives up its rights or remedies on any occasion, that does not mean that the Club is doing so in respect of any other rights or remedies.
10.6 If any provision of the Contract shall be decided by any court or body of authority of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from the remainder of the Contract, which shall remain in full force and effect to the extent permitted by law.
10.7 If any provision of the Contract is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision is deleted, the provision in question shall apply with such modification as may be necessary to make it valid.