Terms & Conditions
By booking at Ilam Homestead you agree the following terms and conditions:
THE UNIVERSITY OF CANTERBURY CLUB INCORPORATED ('UCC') trading as ILAM HOMESTEAD
VENUE HIRE TERMS AND CONDITIONS
These terms and conditions apply to any booking of the venue known as the Ilam Homestead situated at 87 Ilam Road, Christchurch (“the Venue”). The terms and conditions set out your obligations when you hire the Venue.
1.1 This Agreement is made between UCC and the Client.
1.2 This Agreement related to hiring the Venue (“Venue Hire”) on a date agreed between the parties in the Venue Hire Details Page (“Venue Hire Date”).
1.3 If the Agreement is signed by the Client or by two or more people as Client, each person acknowledges that they are jointly and severally liable in terms of this Agreement.
2. BOOKING PROCEDURE
2.1 The procedure for booking the Venue is set out in this section:
2.1.1 Initial Inquiry: The Client may make an inquiry as to the availability of the Venue (“Initial Inquiry”). UCC may request, and the Client must provide, information regarding the proposed hire of the Venue as requested by UCC.
2.1.2 Initial Response: UCC may provide at its discretion a non-binding indication of whether the Venue is available for purposes of the Initial Inquiry. UCC may withdraw any Initial Response without notice to the Client.
2.1.3 Proposed Booking: The Client must confirm details of the proposed hire of the Venue including date, time, guests, food and drink, catering and other information requested by UCC (“Proposed Booking”). UCC will use the Proposed Booking to prepare a quote for the Venue Hire.
2.1.4 Confirmation Invoice: If UCC issues an invoice based on the Proposed Booking then the Client may confirm the Venue Hire by executing this Agreement and paying any deposit or prepayment specified in the Venue Hire Details Page (“Confirmation Invoice”).
2.1.5 Interim Invoice: Within 10 working days of Venue Hire Date, UCC will issue an interim invoice for the remaining Venue Hire fee, prepayments and adjustments (“Interim Invoice”). The Interim Invoice must be paid within 5 working days of the Venue Hire Date. Failure to pay the Interim Invoice may result in cancellation of the Venue Hire in accordance with this Agreement.
2.1.6 Final Invoice: UCC may, after the Venue Hire, issue to the Client a further invoice for any costs, fees, damages or liabilities arising under this Agreement (“Final Invoice”). The Client must pay the Further Invoice within 5 working days.
2.1.7 Booking Changes: UCC may, in its unfettered discretion, accept changes requested by the Client to the details of the Confirmed Booking within 2 working days prior to the date of the Venue Hire (“Booking Changes”). UCC may adjust the deposit, prepayment or Venue Hire fee in respect of changes requested by the Client.
3.1 Payment will be accepted by way of cash or direct credit to UCC’s bank account (please include customer number reference and name).
Bank: Bank of New Zealand
Branch: Upper Riccarton
Account Name: The University of Canterbury Club
Account Number: 02-0875-0213818-00
3.2 Payment by credit card is not accepted by UCC.
3.3 All pricing in this Agreement is inclusive of Goods and Services Tax (“GST”) unless otherwise recorded in this Agreement.
4. NON-REFUNDABLE DEPOSIT AND PREPAYMENT
4.1 UCC may require the Client to pay a deposit and/or prepayment at any time, including before confirming a booking or providing goods, services or hire of the Venue to the Client.
4.2 UCC may specify the deposit or prepayment required in the Venue Hire Details Page of this Agreement.
4.3 The Client accepts that any deposit or prepayment paid to UCC is non-refundable up to the amount of the estimated loss caused by cancellation, termination or default by the Client (“estimated loss”).
4.4 The Client accepts that any deposit or prepayment is forfeited to UCC if the estimated loss exceeds the sum of the deposit or prepayment.
4.5 The estimated loss referred to in clause 4.3 is calculated on the basis of staff costs; administration costs; daily rent to the property owner; average lost bar profits; average lost Venue Hire profits and the inability to hire the Venue for another date (e.g. for a standard wedding pre-estimated loss is $4117.50).
5. DEFAULT OF PAYMENT
5.1 Without prejudice to UCC’s other remedies under these terms and conditions or otherwise, the Client will pay default interest at the rate of 2% per month compounding monthly on all outstanding amounts until all monies have been paid in full.
5.2 The Client shall pay to UCC all costs and expenses incurred by UCC in recovering money or in connection with the exercise or attempted exercise of any of its rights or remedies under this Agreement, including legal costs on a solicitor client basis and debt collection costs.
6. BOOKING FEE AND CONFIRMATION INVOICE
6.1 A Confirmation Invoice provided by UCC is valid for 14 days from the date of the invoice.
6.2 The Venue Hire is confirmed when the Client has executed this Agreement and paid any deposit or prepayment specified in the Confirmation Invoice.
7. GUEST NUMBERS
7.1 The Client must provide an estimated number of attendees to enable UCC to prepare details of a Proposed Booking.
7.2 The Client must provide a confirmed number of guests attending the function before the issue of the Interim Invoice (usually 10 working days before the Venue Hire Date).
7.3 The Client acknowledges that the Venue has a maximum capacity of two hundred (200) attendees at the Venue unless agreed otherwise in writing between UCC and the Client before the issue of the Interim Invoice (usually 10 working days before the Venue Hire Date).
8. TERMS OF QUOTATION AND PRICE ADJUSTMENT
8.1 Any quotation, deposit or prepayment invoice is based on information provided by the Client to UCC.
8.2 All prices are current at the time of the invoice or quotation and every endeavour will be made by UCC to maintain that price.
8.3 UCC may apply at its discretion a reasonable adjustment if a price change is due to justifiable cost variations outside the control of UCC. UCC will give notice of adjustment of price as soon as reasonably possible.
9.1 The Client accepts there may be an increased fee payable at UCC’s discretion for Venue hire on a Public Holiday.
9.2 UCC will advise the Client of any applicable surcharges during the Booking Procedure in clause 2.
10.1 The Client may cancel the Venue Hire in accordance with this clause:
10.1.1 Notice of cancellation must be communicated to UCC in writing; and
10.1.2 If the Client cancels the Venue hire or terminates this agreement within 2 calendar months of the Venue Hire Date, then the Client must pay all costs, third party costs, fees, Venue hire fees, damages or liabilities within seven (5) working days of the date of an invoice issued for purposes of this clause;
10.1.3 For the avoidance of doubt this clause operates in addition to the deposit and prepayment provisions in clause 4.
10.2 UCC may cancel the Venue hire in accordance with this clause:
10.2.1 Notice of cancellation may be communicated in writing or orally;
10.2.2 UCC may cancel the Venue Hire in the case of: Materially incorrect information provided by Client; Removal of road access to the Venue; Earthquake; Tsunami; Volcanic eruption; Flood; Storm; Fire; Act of God; Act of government or state; War; Civil commotion; Insurrection; Embargo; Prevention from or hindrance in obtaining any raw materials, energy or other supplies; Failures of power, water supply or telecommunication services; Labour disputes (except where solely restricted to UCC’s personnel) and any other reason, in any case which is not reasonably within the control of UCC.
10.3 If the Client wishes to erect a marquee or any kind of structure on the lawn at the Venue the Client must get written consent from UCC before the issue of the Interim Invoice (usually 10 working days before the Venue Hire Date). There may be an additional cost if the Client wishes to erect a marquee or structure.
10.4 The Client acknowledges that entry and access to the Venue begins at the time specified in the Venue Hire Details Page (“Start Time”).
10.5 The Client acknowledges that the Venue is subject to noise restrictions and the noise curfew specified in the Venue Hire Details Page applies (“Noise Curfew Time”). The Client agrees that they and their attendees will adhere to the noise curfew.
10.6 The Client acknowledges that all attendees/guests must exit the Venue at the expiry of the booking or the time specified in the Venue Hire Details Page (“Exit Time”).
10.7 The Client will remove all decorations, structures, property, goods, articles or things within the times specified in the Venue Hire Details Page (“Item Removal Times”).
10.8 The Client acknowledges that attendees will not exit the Venue via Homestead Lane after 11.30pm.
10.9 The Client acknowledges that they will be liable for any damage to the grounds of the Venue.
10.10 The Client acknowledges that the Venue is a smoke-free area and no attendees will smoke anywhere at the Venue.
10.11 The Client acknowledges that there is no parking allowed on the grass area at the front of the Venue. Any cars parked on this area may be clamped and all costs associated with removal of the clamp and repair of any damage will be payable by the Client.
11. CARE OF PREMISES
11.1 The Client shall take good care of and shall not cause any damage to or permit any damage to be done to the Venue or to any fittings, equipment or other property at the Venue. The Client will be liable and indemnify UCC for any damage however caused.
11.2 The Client will make good and pay for any damage (including the excess on any insurance claim made by UCC) to the Venue or property at the Venue (including accidental damage), caused by any act or neglect of the Client or the Client’s servants, agents, attendees or any person at the Venue by reason of the use of the Venue by the Client.
11.3 UCC reserves the right to remove the Client or any of the Client’s servants, agents, attendees (or any person at the Venue) from the Venue at their sole discretion.
12. UCC’S LIABILITY
12.1 Under no circumstances will UCC accept responsibility or be liable in respect of any damage or theft or loss of any property, goods, articles or things whatsoever placed, deposited, brought into or left at the Venue, either by the Client, the Client’s employees or agents or by any persons attending the Venue.
12.2 UCC shall not be liable for any loss due to the breakdown of machinery, failure of supply of electricity, leakage of water, fire, Government restriction or Act of God which may cause the facilities to be temporarily closed or hiring to be interrupted or cancelled.
13.1 The Client shall be liable for and shall indemnify and keep indemnified (including for the excess on any insurance claim made by UCC) UCC
from and against loss or damage incurred by UCC (other than fair wear and tear) to the extent that such loss or damage is incurred directly or indirectly as a result of any unlawful, negligent or other act of the Client or the Client’s employees, agents, attendees or invitees in connection with the Venue hire and use of the Venue by the Client.
13.2 Where the Client and/or their employees, agents, attendees or invitees damage, de-face or mark any part of the Venue or any of the property therein then the Client will be responsible for the costs of repairing and/or reinstating the damaged parts and/or property to its former condition or a new condition if reinstatement is not possible for any reason.
13.3 The Client shall be liable for and shall indemnify and keep indemnified UCC and any caterer or third party contracted by UCC against damage including but not limited to any glassware, cutlery, and crockery and including any property of UCC and any caterer or other party contracted by UCC.
13.4 The Client shall be liable for and shall indemnify and keep indemnified UCC for any debt, liability, obligation or cost of hiring goods and services incurred by UCC in the course of performing this Agreement.
14. PERSONAL GUARANTEE BY DIRECTORS OF CLIENT COMPANY
14.1 Where the Client is a company or other legal person, UCC may at its sole discretion, require the directors of the company agree to personally guarantee all of the obligations of the Client under this Agreement.
15.1 The Client acknowledges that the premises are in a residential area and that the Client and their attendees will not cause any disturbance or damage to neighbours or their property. The Client and their employees, agents, attendees or invitees will be liable for any such disturbance or damage.
16. PROHIBITED ITEMS AND ACTIVITIES
16.1 The Client acknowledges that the items and activities listed in the Venue Hire Details Page are prohibited from the Venue.
16.2 The Client accepts liability and will pay UCC for any loss or damage caused by prohibited items and activities at the Venue, including the cost of professional cleaners or tradespeople selected by UCC to remedy the loss or damage.
17. HEALTH AND SAFETY
17.1 As part of these terms and conditions the Client accepts legal responsibilities to meet evacuation plans, health and safety responsibilities during the period of the Booking.
17.2 UCC will liaise with the Client regarding their health and safety obligations and relevant policies and evacuation plans including the Clients duties.
18. DISPUTE RESOLUTION
18.1 The parties shall first endeavour to resolve any dispute or difference under these terms and conditions by agreement. Where there is a dispute the disputing party must advise the other party in writing of the disputed issue (“Dispute Notice”). If the parties cannot resolve the dispute or difference within five working days of service of the Dispute Notice then the parties may exercise all rights and remedies available to them.
The terms as set out above are hereby accepted.
Page last updated 15/04/2019
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