TERMS OF USE
1. INTERPRETATION
1.1 In these Conditions:
"Confirmation Letter" means the Seller's letter
sent to buyer following deposit payment to Buyer, confirming
deposit paid, date of booking and number of places, and
total cost of booking;
"Buyer" means the party named in the Confirmation
Letter as buying the Services and any person upon whose
behalf that party acts which for the avoidance of doubt
shall include all the other persons for whom the Event booking
is made.
"Conditions" means the standard terms and conditions
and the Confirmation Letter as sent;
"Event" means the party booked by the Buyer;
"Price" means the Seller's quoted price or,
where no price has been quoted, the price listed in the
Seller's published price list at the date that the Contract
is made;
"Seller" means School Dinners, operating from
"Services" means the services which the Seller
is to supply in accordance with these Conditions;
“Booking” Request for provision of service
for number of people, on a set date/time by Buyer, cost
and deposit agreed with the seller;
1.2 Any reference in these Conditions to a statute or
a provision of a statute shall be construed as a reference
to that statute or provision as amended, re-enacted or extended
at the relevant time.
1.3 The headings in these Conditions are for convenience
only and shall not affect their interpretation.
2. BASIS OF THE SALE
2.1 The Seller shall supply and the Buyer shall buy the
Services in accordance with these Conditions and neither
party shall make any alterations of the terms of these Conditions
without the other party's agreement in writing.
2.2 The Seller intends to rely upon the Conditions set
out in this document and the Confirmation Letter. If any
amendments to these Conditions are required the Buyer should
request that they are put in writing.
2.3 The Buyer agrees to inform all other persons for whom
an Event booking is made of the Conditions and shall be
responsible (together with such persons) for ensuring that
the Conditions are complied with.
3. BOOKINGS AND CANCELLATIONS
3.1 A contract shall not come into existence between the
Buyer and the Seller until the Buyer's Deposit is accepted
by the Seller's and Confirmation Letter to Buyer has been
sent.
3.2 The Buyer shall be responsible to the Seller for ensuring
the accuracy of the information supplied on any Booking
and for giving the Seller any necessary information relating
to the Services within a sufficient time to enable the Seller
to perform the Services.
3.3 If the Buyer cancels or amends its request for Services
less than 21 days before the date agreed for provision of
the Services, the Seller shall have the right to charge
the Buyer an amount to cover any reasonable losses and costs
the Seller has suffered because of the cancellation. Normally
this would be the full cost of the booking. If the Seller
receives another booking to replace the Buyer's cancelled
request for services, the Seller shall repay the Buyer in
full less an amount to cover its costs associated with the
new booking and any shortfall in the booking price.
3.4 A Buyer who cancels or amends a booking prior to the
21st day before the date agreed for provision of the Services
shall be refunded the Price less any administration costs,
normally equivalent to the deposit paid.
3.5 The Seller may in its discretion cancel, suspend or
terminate the supply of Services if the Buyer fails to make
payment when the same is due or commits a major breach of
its obligations under the Contract with the Seller;
3.6 The Seller may also in its absolute discretion at any
time cancel, suspend or terminate the supply of Services
by reason of the Buyer's behaviour or drunkenness (or that
of anyone in the Buyer's party) which is likely to cause
distress, damage or danger to other guests, clients, employees
premises, or any third party. Where cancellation takes place
prior to the date on which the Services are to be provided,
charges will as in 3.3 and 3.4
4. PRICES
4.1 The Buyer shall pay the Price to the Seller for the
Services. Until such time as the Seller has accepted the
Buyer's Booking in accordance with Term 3.1, the Seller
reserves the right to alter its Prices without prior notice.
4.2 The Buyer shall ensure that the deposit referred to
in the Booking is paid to the Seller to enable processing
of the booking and Confirmation letter to be sent. The deposit
that covers administration and other charges will not be
refundable to the Buyer unless the Seller commits a major
breach of the Contract.
4.3 The Seller shall be entitled to invoice the Buyer
for the Price at any time after the Seller receives the
Booking from the Buyer.
4.4 The Buyer shall pay the Price (less the deposit already
paid) at an agreed time with the seller, which will be no
later that the commencement of the event. If payment is
not received the Buyer's booking shall be considered to
have been cancelled.
5. SPECIFICATIONS
5.1 Unless otherwise stated in the Booking and Confirmation
Letter the Price does not include the cost of drinks and
parking charges for events or porterage charges and/or any
other items specifically referred to in the Booking/Confirmation
Letter. The Buyer shall pay for such charges.
6. THE SELLER'S OBLIGATIONS
6.1 The Seller is responsible for ensuring that the Premises
is safe at all times. Any action of the Buyer and/or Party
members, which threatens or is likely to threaten the safety
of the Guests, Staff and/or Third Party, or is in breach
of statutory regulations, shall entitle the Seller to require
the Buyer and/or Party members to leave the Premises immediately.
6.2 The Seller does not guarantee admission into any venue
or event and does not accept any liability in the event
that the management, or any other authorised person, of
any venue refuses admission to the Buyer except where refusal
is due directly to the Seller's own negligence. The Seller
will, however, do its best to provide a suitable alternative
venue in such circumstances provided that the reason for
refused entry is not related to the Buyer's dress, behaviour
or drunkenness (or that of anyone in the Buyer's party).
6.3 The Seller may withdraw the provision of the food
if the Buyer does not arrive in reasonable time from the
agreed start time.
6.4 The Seller carries compulsory third party risk insurance
as required by law. Other than as a result of the Seller's
own negligence or breach of the duty of care owed by the
Seller to the Buyer, the Seller does not accept responsibility
for any loss, damage, injury, death or inconvenience arising
from any accident or delay.
6.5 The Seller will take all reasonable measures for ensuring
the safety of the Buyer whilst on the Premises and the Seller
recommends that all guests familiarise themselves with the
Health and Safety housekeeping on arrival. The Seller shall
not be responsible for any injury, illness, death or other
loss sustained as a result, other than due to its own negligence
or breach of its duties at common law.
6.6 There is room for reasonable amounts of personal possessions.
In the absence of any negligence or breach of duty of care
owed by the Seller to the Buyer, all items are bought in
at the owner's risk and the Seller will not be responsible
for any loss or damage.
7. THE BUYER'S OBLIGATIONS
7.1 The Buyer will be liable for any damage the Buyer or
any other person in the Buyer's party causes to the Premises.
7.2 The Buyer undertakes to ensure that his/her conduct
in or near the Premises does not at any time during the Event
endanger the safety of any other guest, staff or third party
and does not cause any damage to the Premises. 7.3
The Buyer agrees to arrive at the premises punctually at
the designated times.
7.4 The Buyer will not bring drink, food or any illegal
substance onto the Premises.
7.5 If the Seller incurs any cost as a result of the Buyer's
neglect or default, the Buyer must pay such costs to the
Seller in addition to the Price.
8. COMPLAINTS
8.1 Any complaints in respect of the Services or the Event
or any injury or other claim should be reported on the night
to the Seller's representative who will be accompanying
the Buyer on the Event. Any such complaints, injuries or
other claims must also be notified in writing within 14
days of the Event to Customer Services, School Dinners,
8.2 The Buyer will then be invited to complete a questionnaire
giving all necessary information relating to the complaint,
injury or other claim and return it to Customer Services
in order to enable the Seller to deal with the complaint,
injury or other claim promptly and efficiently.
9. MISCELLANEOUS
9.1 The Seller will not be liable (other than in respect
of liability for death or personal injury resulting from
the Seller's negligence or breach of duty of care owed by
the Seller to the Buyer) for loss, injury or damage that
arises from the act or omission of the third party and not
from the Seller's own negligence.
9.2 Subject to the provisions of clause 3.3 and 3.4, the
Buyer is not permitted to cancel this Agreement except with
the written consent of the Seller or where the Seller has
committed a major breach of its obligations to the Buyer
under this Contract.
9.3 The Contract is between the Seller and the Buyer as
principals and may not be assigned by the Buyer without
the express written consent of the Seller.
9.4 As the parties intend to rely on the Conditions set
out in this document and the Confirmation Letter, these
Conditions shall not be varied unless agreed to in writing
by both parties.
9.5 If the Seller is in default of any of its obligations
hereunder, it shall not be liable where such default is
due to any act of God, war, strike, lockout, industrial
action, fire, flood, drought, tempest or other event beyond
the reasonable control of the Seller ("Unforeseeable
Events"). In such circumstances, the Seller shall give
notice to the Buyer where possible, and be released from
performance of its obligations hereunder to the extent that
the Unforeseeable Event prevents or restricts the Seller's
performance.
9.6 These Conditions are subject to English Law. Relevant
Courts of the United Kingdom will have exclusive jurisdiction
in relation to all matters regarding the Services to be
provided under this Contract.
9.7 It is not the intention of the parties to confer any
rights contained in The Contracts (Rights of Third Parties)
Act 1999 on any third parties referred to herein (other
than any person booked on an Event), and any such rights
may otherwise be implied are hereby excluded. |
