Terms & Conditions

​Wedding and Events 

Terms & Conditions Venue Booking

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1. Definitions:

1. Charges: the charges payable by the Client for Facilities and the Event as set out in the Contract and in accordance with clause 5.

2.    Client: is the person(s) named as the Client in the Contract

3.     Client Default: has the meaning set out in clause 4.3.

4.     Conditions: these terms and conditions as amended from time to time in accordance with clause 10.4.

5.     Contract: the contract between Birdforth Hall and the Client for the Event and supply of Facilities and services in accordance with these Conditions as set out in the confirmation letter or any supplement agreements between the parties.

6.      Event: The Wedding and/or other function for which the booking is made by the client.
 

7.     Deposit: a non-refundable payment of 25% of the Booking Amount which is payable within 10 days to secure the Reservation (unless otherwise agreed in writing with Birdforth Hall).

8.      Facilities: has the meaning set out in clause 3 and the services to be supplied by Birdforth Hall to the Client as set out in the Contract or as agreed in writing.

9.      Birdforth Hall: is the partnership that trades under the name Birdforth Hall Wedding and Events, at Birdforth, York, YO61 4NW.

10.    Reservation: The Client’s Contract for the use of the Venue and or Facilities and services with Birdforth Hall.

11.     UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the ~Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

12.     Venue: is the premises of Birdforth Hall, Birdforth, York at which the Event is to take place.

1.2 Interpretations

1. (a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted.  A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

2. (b) Any word following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3. c)  A reference to writing or written includes fax and email. 

2. Basis of contract

 

2.1 The Reservation constitutes an offer by the Client to Birdforth Hall for the Venue, Facilities and any other services in accordance with these Conditions.  NOTE Our Accommodation is booked separately and subject to its own Terms and Conditions.

2.2 The Reservation shall only be deemed to be accepted when  Birdforth Hall receives the non-refundable Deposit and issues written acceptance of the Reservation, at which point the Contract shall come into existence.

2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or other course of dealing.

2.4 Any quotation given by Birdforth Hall is only valid for a period of 10 days from its date of issue.

 

3. Supply of Facilities

 

3.1 Birdforth Hall shall supply the Facilities to the Client in accordance with the Contract.

3.2 Birdforth Hall reserves the right to amend the Contract, if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Facilities, and Birdforth Hall shall notify the Client in any such event.

3.3 Birdforth hall is not responsible for any third-party contracts which the Client makes with any outside contractors (entertainment or caterer etc.)  Those contracts are strictly made between the Client and the third party.

3.4 Birdforth Hall will not be responsible for any Client valuables left at the Venue or any Vehicles parked at the Venue.  No vehicles are permitted to be left overnight unless they are a guest of Birdforth Hall Holiday Cottages or otherwise agreed.  Any vehicles left must be removed by 11am the following day.

3.5 Birdforth Hall has CCTV, which is installed for the Clients and guests safety.  Data will only be stored for the purposes of the Venue and the Event.

 

4. Client’s obligations

 

4.1 The Client shall:

1. (a) pay the Deposit and Charges in accordance with these Conditions.

2. (b) pay all invoices for additional services requested within 7 days;

3. c) contact Northallerton Registry Office/the celebrant to ensure their availability for the Booking Date.  The Client should do this before confirming the Reservation with  Birdforth Hall; Birdforth Hall can give no advice about getting legally married, if this is what you wish to do.  Please check with the Registry Office for all requirements.

4 (d) provide Birdforth Hall with such information and materials as the Birdforth Hall may reasonably require in order to fulfil the Contract and supply the Facilities:

5 (e) ensure that no less than 3 days prior to the Event all table plans and any requested decorations are with  Birdforth Hall.

6 (f) ensure that not less than 3 days prior to the Event provide Birdforth Hall with card payment details as security for the losses detailed at Clause 5. 1 (g).  In the circumstances the Client authorizes Birdforth Hall to take a payment of up to a maximum of £500.00 within 7 days following the Event subject to Birdforth Hall giving written notice within 3 days of the Event of the proposed deductions.

 

 

4.2

For the avoidance of doubt all claims under Claus 5. (a)  exceeding £500.00 will be demanded in accordance with Clause 10.7 and pursued in accordance with the Laws of England & Wales.

2.1 . (a) contact any suppliers, contractors and entertainment providers required for the Booking Date to discuss and confirm arrangements.  Birdforth Hall can assist with this if requested by the Client to do so.  The Birdforth Hall reserves the right to make additional charges in relation to any such requests.

2.2(b) make appointments to visit the Venue with family members or guests and contractors prior to the Event (which are welcomed by Birdforth Hall).

2.3(c) ensure compliance with all licensing, health & safety and other applicable laws and regulations:

2.4 (d) ensure that all persons attending the Event do not smoke or vaporize at the Venue other than in the dedicated smoking area:

2.5 (e) ensure that all music and/or entertainment ends by midnight in accordance with Birdforth Hall’s license, including that no amplified music is to be played in the courtyard or the exterior of the Venue.  Accoustic music is permissible.

2.6 (f) ensure that children are supervised at all times during the Event.

2.7 (g) arrange appropriate transport for the persons attending the Event upon closure of the Venue at midnight, if the guests are not staying at Birdforth Hall Holiday Cottages.

2.8 (h) use Birdforth Halls preferred caterer F4d Events selected for their exceptional service and excellent standards.  We do not allow the client or their guests to undertake their own catering, with the exception of evening food. External catering suppliers will be directly charged a facility fee depending on their needs.  All requests must be submitted to and are subject to Birdforth Halls express approval before proceeding with a booking (Birdforth Hall reserves the right to make appropriate additional charges if applicable);

2.9 (i) shall ensure that persons attending the Event do not consume any beverages at the Venue which have not been purchased from or with the consent of Birdforth Hall.  Birdforth Hall reserves the right to make appropriate additional charges for any breach of this obligation; and may ask the guest to vacate the premises.

2.10 (j) will ensure that any allergy or special dietary requirements or children’s menus are made known to Birdforth Hall and F4d Events (if the catering is to be supplied by Birdforth Hall) and highlighted on table/seating plans.

2.211 (k) will ensure no dogs at the Venue with the exception of Guide Dogs or as otherwise agreed with Birdforth Hall.  Permitted dogs must remain on a lead at all times and not be left in vehicles parked at the Venue.

2.21 ( l) may arrange any Event and/or Wedding Insurance considered appropriate to cover the Charges and/or the Client’s cancellation of the Event in accordance with clause 6.

2.13 (m) Ensure that the Contract and these Conditions are adhered to.  The Client(s) acknowledge that they are ultimately responsible for the behaviour and conduct of their guests.  Anti-social behaviour will not be tolerated and may result in the early termination and closure of the Event.

4.3 Birdforth Hall will provide the following: (a) the Venue;

3.1 (a) all furniture hires for up to a maximum of 80 guests.  (Additional charges may apply to accommodate more guests)

3.2(b) all other items detailed in the Contract

3.3(c) accommodate third party contracts arranged by or on behalf of the Client for the Event where agreed in advance between the parties.

4.4 If Birdforth Hall’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):

4.1 (a) without limiting or affecting any other right or remedy available to it, Birdforth Hall shall have the right to suspend performance of the Facilities until the Client has remedied the Client Default, or to rely on the Client Default to relieve it from the performance of any of its obligations; in each case to the extent that the Client Default prevents or delays Birdforth Hall’s performance of any of its obligations.

4.2(b) Birdforth Hall shall not be liable for any costs or loses sustained or incurred by the Client arising directly or indirectly from  Birdforth Hall ‘s failure or delay  to perform any obligations in exercise of its rights under this clause; and

4.3( c) the Client shall reimburse Birdforth Hall on written demand for any costs or losses sustained or incurred by  Birdforth Hall arising from the Client Default.

 

5. Charges and payment

 

1. The Charges for the Event shall be:

1(a) calculated in accordance with the Client’s requirements and as set out in the Contract.

2(b) the Client will pay the Deposit within 10 days of making the Reservation.

3( c) the Client will pay a further 25% 6 months before the date of the Event

4 (d) the Client will pay the final balance no later than 6 weeks before the date of the Event.

5  e) Birdforth Hall will accept payment by bank transfer and debit/credit card.

6 (f) Birdforth Hall confirms that all charges, prices and offers are subject to availability and change.  Birdforth Hall reserves the right to remove or revise any offers until the Contract is agreed.  Birdforth Hall will not change the Contract price unless the Client wishes to make additions to the Contract.  Any such additions will be invoiced separately and are payable within 7 days of invoice or as otherwise agreed.

7 (g) Birdforth Hall reserves the right to recover reasonable costs for any serious breakages or damages caused at the Event by the Client and/or persons they have invited to attend the Event.  The Client will pay Birdforth Hall on demand the amount required to make good or remedy such damages including compensation for loss of business whilst such damage is being repaired.   Birdforth Hall will not look to recover costs from the Client from serious breakages or damages caused until those losses exceed £500.00. However, Birdforth Hall reserves the right to reclaim all losses dependent upon each individual situation;

8 (h) Bar tariffs may be subject to change.

5.2 Without limiting the remedies available to Birdforth Hall under clause 4 and 6, Birdforth Hall reserves the right to charge interest on any part of the Charges that are overdue, from the due date until the date of actual payment (whether before or after judgement) at the rate of 4% per annum above the Bank of England base rate from time to time, 4% per annum for any period when that base rate is below 0%.

3. All amounts usually payable by the Client to Birdforth Hall under the Contract are subject to VAT and included in the price quoted unless otherwise stated.

 

6. Cancellation

 

6.1 All cancellations must be made in writing and will only be effective on the date they are received by Birdforth Hall.

6.2 If Birdforth Hall cancel the Assignment, save under the sub clause below, any sums paid will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to the Client by Birdforth Hall arising from such cancellation.

The Assignment may be terminated if payments are not made in accordance with these terms; or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing; or the  Client makes any statements or behaves in any way or requests Birdforth Hall to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form on insolvency arrangement, or suspends its business.  Upon termination under this clause, the Client shall immediately pay any outstanding payments due and/or for all work done under the Assignment to that point, to Birdforth Hall.

6.3

If the Client cancels the Event, they acknowledge that Birdforth Hall has the right to impose the following cancellation charges, which are accepted by the Client as representing pre-estimate of loss: the Deposit, which is non-refundable once the Reservation has been accepted; the client shall immediately pay to Birdforth Hall any unpaid Charges and interest thereon; where the Event is more than 6 months away at the date of cancellation 25% of the total Charges; and where the Event is less than 6 months away at the date of cancellation the full balance of the Charges.  In all these circumstances’ Birdforth Hall will use reasonable endeavors to resell the date and if resold, will refund all money paid except the Deposit (to cover its work to date and expenses) provided the date is resold for the same or a higher price.  If the date is sold for a lower price, Birdforth Hall will also retain (in addition to the Deposit) a sum equivalent to the difference in price to reflect its lost opportunity.

Force majeure.  Birdforth Hall shall not be in breach of the Contract nor liable for any loss resulting from the delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control.  Including but not limited to Act of God, Explosion Flood Tempest, Fire Accident, ware etc.

The Client will indemnify Birdforth Hall for any costs or expenses incurred with third parties for arrangement made on behalf of the Client in relation to the Event.  Where no invoice has been submitted, Birdforth Hall shall submit an invoice, which shall be payable by the Client immediately upon receipt.

6.4 The Client is strongly advised to consider taking out the appropriate insurance against the costs that will arise on cancellation of the Event.

6.5 Cancellation of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of cancellation.

 

7. Intellectual property rights

 

7.1 All Intellectual Property Rights in or arising out of or in connection with the Facilities (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by Birdforth Hall.

7.2 The Client grants to Birdforth Hall a fully paid-up, non-exclusive, royalty free, non-transferable licence to copy and modify any materials provided by the Client to Birdforth Hall for the term of the Contract for the purpose of providing the Facilities and any other services in relation to the Event to the Client.

 

8 Data Protection

 

8.1 Both parties will comply with all applicable requirements of the Data Protection Legislation.  This clause 8 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.  In this clause 8 Applicable Laws means (for so long as and to the extend that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.

8.2 Birdforth Hall confirms that the client will only be contacted in relation to the Event and no personal information will be shared with any third party other than for the purpose of fulfilling the Contract.  No personal information will be shared for the purpose of marketing.

8.3 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the controller and Birdforth Hall is the processor.

9. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

 

9.1 Birdforth Hall has obtained the appropriate insurance cover in respect of its own legal liability for individual claims.  The Client is responsible for making its own arrangements for the insurance  of any losses in relation to their cancellation of the Event.

9.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: 

1. (a) death or personal injury caused by negligence;

2. (b) fraud or fraudulent misrepresentation; and

3. (c ) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

9.3 Subject to clause 9.2 Birdforth Hall’s total liability to the Client shall not exceed the Contract amount.  Birdforth Hall’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

9.4 This clause 9 shall survive termination of the Contract. 

 

10. General

 

10.1 Assignment and other dealings.

1. (a) Birdforth Hall may at any time assign, mortgage, charge, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under the Contract.

2. (b) The Client cannot assign any of its rights and obligations under the Contract.

10.2 Entire agreement.

1. (a) The Contract & these Conditions 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.

2. (b) 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 based on any statement in the Contract.

10.3 Variation.  Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by both parties.

10.4 Waiver. A Waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

10.5 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.

 

 

10.6 Notices

1. (a) Any demand or notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business (in any other case); or sent by fax to its main fax number sent by email to relevant email address as set out in the Contract.

2. (b) Any notice shall be deemed to have been received:

2.1. (i) if delivered by hand, at the time the notice is left at the proper address:

2.2. (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after; and

2.3. (iii) if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when the business hours resume.  In the clause  business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

2.4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

10.7 Third party rights.  Unless it expressly states otherwise, the Contract does not give rise to any rights under the

Contracts (Right of Third Parties Act) 1999 to enforce any term of the Contract. 7

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

10.9 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.

By signing a copy of the Contract, the Client is confirming that they have read and accept these Terms & Conditions.  Customer to retain.