Bar Hire Terms & Conditions

www.britishcocktailclub.co.uk

Bar Hire Terms & Conditions

1.

Quotations

Quotations are valid for 14 days from the date of issue.

2.

Confirmation

2.1. A contract will come into existence between British Cocktail Club and the Client when the Client confirmed by email or post that the Quotation and/or these Terms and Conditions are agreed, or paid the non-refundable deposit or acknowledges and accepts an email with these Terms and Conditions attached, whichever is earliest (the “Contract”).

2.2. In the case of short notice events British Cocktail Club reserves the right to proceed on verbal confirmation from the Client.

2.3. All event details and timings must be confirmed no later than three days prior to the event.

3.

Numbers

All prices are quoted for a specific number of guests and any change in numbers can affect the drink price, equipment hire and staffing costs. Should guest numbers fall by 20% or more from the initial quote, we reserve the right to charge a supplement. If numbers should increase, we reserve the right to re-quote.

    4.

    Deposits & Cancellation

    4.1. A non-refundable deposit of 50% of the total quote is payable by the client upon the Client accepting the Quotation or these Terms and Conditions whichever is earliest in accordance with clause 2 to confirm the event.

    4.2. If the deposit is not paid within 7 days of the event, British Cocktail Club cannot guarantee the services until the deposit has been paid in full.

    4.3. Time is of the essence for the Client to inform British Cocktail Club in the event of a cancellation.

    4.4. The Cocktail Service requires notice in writing no less than 14 days prior to the date of the event of a cancellation of this Agreement. Failure to do so will result in full payment of the outstanding fees being due and payable immediately to British Cocktail Club

    5.

    Payment

    5.1. All remaining fees including VAT are payable before the event unless a prior written agreement of credit is in place in accordance with clause 6. Please note, we do not accept personal cheques and an admin charge will be applied to all payments made by credit or debit card. No charges apply for BACS or electronic transfer. Any additional stock or service hours are included in a post event invoice which you agree to pay upon accepting the quotation.

    5.2. British Cocktail Club shall invoice the Client for the remaining sums and any additional sums due within 7 days of the event, which shall be payable within 28 days of the date of the invoice.

    5.3. If the Client fails to make any payment under this Agreement by the date due for payment, then the Client shall pay interest on the overdue amount at the rate of 4% per annum above the base rate of the Bank of England. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.

      6.

      Credit Agreement

      Should you require a credit agreement for your event(s) this must be agreed prior to the event in writing. A credit check will be carried out on all companies who apply for credit. We do not accept credit applications from private clients or sole traders.

        7.

        Client Responsibilities

        7.1. The Client confirms and warrants that:

        7.1.1. the terms of the Booking are complete and accurate, and the Client will pay in accordance with the price and payment conditions of these Terms and Conditions;

        7.1.2. It shall provide British Cocktail Club, its employees, agents, consultants and subcontractors with access to the premises set out in accordance with the Quotation where the services are to be delivered;

        7.1.3. it shall prepare the premises for the supply of the services and obtain and maintain all necessary licences, permissions and consents which may be required for the services before the date on which the services are to start;

        7.1.4. It shall make adequate arrangements for parking for British Cocktail Club and ensure that adequate loading facilities are provided;

        7.1.5. Under no circumstances shall British Cocktail Club be held responsible for any difficulties with parking or loading that result in delays or cancellation to service;

        7.1.6. comply with all applicable laws, including health and safety laws; and

        7.1.7. If the service is not carried out or the service is carried out to below standard as a result of the venue restrictions, the Client will still be liable for the total fees.

        7.2. If British Cocktail Club’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the client to perform any relevant obligation (Client Default):

        7.2.1. Without limiting or affecting any other right or remedy available to it, British Cocktail Club shall have the right to suspend performance of the services until the client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays British Cocktail Club’s performance of any of its obligations;

        7.2.2. The Cocktail Service shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from The Cocktail Services failure or delay to perform any of its obligations as set out in this clause 7.2; and

        7.2.3. The Client shall reimburse The Cocktail Service on written demand for any costs or losses sustained or incurred by British Cocktail Club arising directly or indirectly from the Client Default.

        8.

        Loss / Damage

        The Client is wholly responsible for all equipment, stock, hired equipment, glassware and bars from the time of delivery until it is collected. Any breakage, loss or damage caused by the Client or the Client’s guests will be charged at the full replacement cost.

        9.

        Indemnity

        The client will be responsible for and will indemnify British Cocktail Club fully against any and all claims, costs, loss, damages or liability arising due to any negligent act or default of the Client (whether directly or indirectly) or of any person for whom the client is responsible.

        10.

        Force Majeure

        No liability is accepted for failure of performance due to strike, lockout, accidents, fire, floods, ice, obstruction or other such events beyond the control of British Cocktail Club.

        11.

        Limitations of Liability

        11.1. The Cocktail Service shall not be liable to the Client, whether in Contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits; loss of sales or business; loss of agreements or Contracts; loss of anticipated savings; loss of or damage to goodwill; and any indirect or consequential loss.

        11.2. British Cocktail Club total liability to the Client, whether in Contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract shall be limited to the total amount paid to British Cocktail Club as the time of a claim by the Client.

        11.3. The terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

        11.4. This clause 11 shall survive termination.

        12.

        Waste

        The Client shall be responsible for the removal of all waste of British Cocktail Club in delivery of the services, unless otherwise agreed in writing signed by both parties.

        13.

        Cocktails

        13.1. Due to the fresh nature of our cocktails, the client shall provide a correct and accurate figure of the amount of drinks to be prepared by British Cocktail Club in order to deliver the services prior to the event.

        13.2. British Cocktail Club will carry an additional 50% of the figure given by the client in accordance with clause 13.1 to the event. If the client requires to use the additional 50% then an additional cost will be charged at the quoted rate on the day of the event with British Cocktail Club and included in the Clients final invoice.

        14.

        Non-Solicitation/Employment

        14.1. A Client that wishes to offer employment to any employee of British Cocktail Club whilst such employee is assigned to the Client to carry out services shall pay to British Cocktail Club a fee of 15% of that employee’s gross annual salary and taxable emoluments (“the Introduction Fee”).

        14.2. Notwithstanding clause 14.1, should British Cocktail Club fail to provide the employees gross annual salary to the Client, the Client shall be liable to pay the Introduction Fee based on the employee’s estimated annual salary.

        14.3. In the event a Client passes on an employee of British Cocktail Club details to a third party who subsequently offers employment to the employee, the Client shall be liable to pay the Introduction Fee.

        14.4. In accordance with this clause 14, the estimated annual salary shall be calculated as: [the employee’s hourly rate] x thirty-seven and a half hours (37.5) x fifty-two (52).

        15.

        Bartenders

        Bookings are for a minimum of 4 hours. Should we be asked to extend the working hours agreed in the quote, additional hours will be charged at the rate quoted by British Cocktail Club and shall be payable in accordance with clause 5.

        16.

        Transport

        Taxis may be required for staff working later than 23h30 and will be charged for on the final invoice in accordance with clause 5.

        17.

        No partnership or Agency

        Nothing in these Terms and Conditions is intended to or shall be deemed to establish any partnership or joint venture between the Client and British Cocktail Club.

        18.

        Third Parties

        A person who is not a party to these Terms and Conditions shall not have any rights to enforce its terms.

        19.

        Use of Website

        You are not permitted to use this website other than for the following, private, non-commercial purposes:

        (i) viewing this website;

        (ii) making bookings;

        (iii) transferring to other websites through links provided on this website;

        (vii) making use of other facilities that may be provided on the website.

        The use of automated systems or software to extract data from this website for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with British Cocktail Club which permits it access to the website data. The use of bot software without express permission is forbidden and will be prosecuted.

        20.

        Variation

        Except as set out in these conditions, no variation of this Agreement, including the Booking or these Terms and Conditions, shall be effective unless it is agreed in writing and signed by British Cocktail Club.

        21.

        Severance

        If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

        22.

        Entire Agreement

        22.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

        22.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any
        statement in the Contract.

        22.3. Nothing in this clause shall limit or exclude any liability for fraud.

        23.

        Law of Contract

        The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

        24.

        Jurisdiction

        Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

        I accept the Quotation attached and agree to these Terms and Conditions.