Please read the following important terms and conditions before you pay for our services and check that they contain everything which you want and nothing that you are not willing to agree to. These terms and conditions are intended to give clear information of your rights, as well as our terms and conditions of business. If you are uncertain as to your rights under these terms and conditions or you want any explanation about them please email or telephone us on our details set out below.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the service will start within this time, you may be charged for what you have used.
The Consumer Rights Act 2015 says:
• if the service is not carried out with reasonable care and skill, you can ask us for some money back
• if a price has not been agreed upfront, what you are asked to pay must be reasonable
The information in this summary box summarises some of your key rights. It is not intended to replace the contract and terms and conditions which you should read carefully. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
These terms and conditions set out:
• your legal rights and responsibilities
• our legal rights and responsibilities, and
• certain key information required by law
In these terms and conditions:
• contract means your signed booking form accepted by us together with your payment of the deposit in accordance with clause 3.1(e) forming a legally-binding agreement between you and us for the supply and purchase of services which incorporates these terms and conditions;
• services means the supply of the exclusive hire of the venue on the agreed date and during the agreed hours as set out in the booking form together with the supply of an event manager to manage and assist with the running of the event including set up and pack down of the venue as set out in the planning document;
• venue means The Ashes Barns, Pendrell Hall or The Mill Barns;
• we, us or our means Ensarb Limited Limited, and
• you or your means the person buying services from us
If you don’t understand any of these terms and conditions and want to talk to us about it, please contact us on the details below.
Who are we?
We are registered in England and Wales under company number: ?????????
Our registered office is at: Ensarb Limited, ?????????????
Our VAT number is: [ ].
Our telephone number is: 01327 349 761
Our email address is: ??????????????
[registered in the following trade register: [INSERT DETAILS]. For more details of what this means for you, visit the webpage [INSERT WEBSITE ADDRESS]]
1.1 If you make a booking with us you agree to be legally bound by the contract.
1.2 When making a booking you also agree to be legally bound by:
(a) these terms and conditions and any documents referred to in them; and
(b) extra terms which may add to, or replace some of, these terms and conditions. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.
All these documents form part of the contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will give you this information on paper before you make a booking with us. Some of this information is also set out in these terms and conditions.
We will give you information on:
• the main characteristics of the booking and services that you are paying for
• who we are, where we are based and how you can contact us
• the total price of the booking and services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
• the arrangements for payment, carrying out the services and the time by which we will carry out the services
• how to exercise your right to cancel the contract and the costs of doing so
• our complaint handling policy
2.2 The key information we give you by law forms part of the contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Making a booking with us
3.1 Below, we set out how a legally binding contract between you and us is made:
(a) Any quotation given by us during your viewing of the venue or otherwise before you make a booking for the services is not a binding offer by us to supply such services.
(b) When you send us your signed booking form (which we shall supply to you), this is when you offer to buy such services from us.
(c) When we receive your signed booking form, we will acknowledge it by email or telephone. This acknowledgement does not, however, mean that your booking has been accepted.
(d) We may contact you to say that we do not accept your booking. If we do this, we will try to tell you promptly why we do not accept your booking. This is typically for the following reasons:
(i) we cannot carry out the services (this may be because, for example, we have a shortage of staff or the venue is already booked on the date you request)
(ii) we cannot authorise your payment
(iii) you are not allowed to buy the services from us
(iv) we are not allowed to sell the services to you
(v) there has been a mistake on the pricing or description of the services
(e) We will only accept your booking when we email you to confirm this and once we receive your deposit in accordance with clause 4.2. At this point:
(i) a legally binding contract will be in place between you and us,
(ii) we will block out the date of your event from sale to the general public; and
(iii) we will start to carry out the services in the way you and we have agreed in writing.
4 Charges and payment
4.1 The price for the services will be set out in the booking form.
4.2 You must pay us the following non-refundable deposit when you make a booking with us:
(a) 25% of the price of the services if the date of payment is more than 24 months prior to the event date; or
(b) 50% of the price of the services if the date of payment is less than 24 months prior to the event date.
4.3 You will pay the price of the services to us in the following instalments:
(a) Upon signing the contract: a non-refundable deposit of either 25% or 50% of the price in accordance with clause 4.2.
(b) By no later than 24 months prior to the event date if deposit of 25% was paid in accordance with clause 4.2(a): 25% of the price (which shall be non-refundable).
(c) By no later than 8 weeks prior to the event date: 50% of the price.
4.4 We accept cash and the following debit cards: [INSERT DETAILS].
4.5 All payments by debit card need to be authorised by the relevant card issuer.
4.6 If your payment is not received by us by the instalment deadlines set out under clause 4.3, we may also charge interest on any balance outstanding at the rate of 3% percentage points a year above the Bank of England’s base rate. We will email you to let you know if we intend to do this. We also reserve the right to cancel your booking and make the event date available for sale to the general public.
4.7 The price:
(a) is in pounds sterling (£)(GBP)
(b) includes VAT at the applicable rate
(c) does not include the cost of any third party suppliers (including our resident caterers, Jenkinsons).
5 Your obligations and our restrictions
5.1 It is your responsibility to reserve and book a registrar for the event date at the time of your ceremony before you confirm the booking with us. We may be unable to move your date once a contract is formed between you and us. If you wish to alter the event date after a contract is formed then, subject to availability, we shall use our reasonable endeavours to find an alternative date but reserve the right to charge you an administration fee of £150 if an alternative date is agreed. Please note that we are unable to move the event date if you notify us less than 9 months prior to the event date.
5.2 You shall liaise with our chosen caterers (Jenkinsons) in accordance with clause 6.1 below.
5.3 The venue can accommodate up to a maximum of 170 daytime seated dining guests and a maximum of 200 evening guests. You must inform us [ ] days before the event date of your final number of guests so that we may provide the services accordingly, for example setting up of chairs and tables.
5.4 You shall ensure that all of your guests fully vacate the venue prior to the end of the hire times as set out in clause 7.1.
5.5 You shall be responsible for any breakage or damage to the venue including to the actual property, plants or any chattels therein, or theft of any items from the venue by you, your guests or of any of your third party suppliers and you shall indemnify us for our losses and costs incurred as a result of any such breakage or damage.
5.6 You shall not, and you shall ensure that none of your guests or third party suppliers, place or store any inflammable or hazardous substances or liquids in or within the vicinity of the venue. For the avoidance of doubt, fireworks and Chinese lanterns are not permitted at the venue.
5.7 Smoking is strictly prohibited inside the venue.
5.8 There are several water features in the vicinity of the venue; all are strictly forbidden to be entered into at any time.
5.9 We only permit biodegradable confetti to be thrown inside the Mortain Barn of the venue only. No other confetti or confetti bombs are permitted at the venue and no confetti of any kind is permitted outside the venue.
5.10 Parking space at the venue is limited (approximately 60 cars) and we request that you inform your guests in advance so that they may make alternative arrangements in order to avoid disappointment.
5.11 Amplified music is not permitted outside the venue however you are permitted to hold unplugged acoustic performances such as guitarist, harpist, saxophonist etc.
5.12 In accordance with our licences, all ‘no corkage daytime drinks’ must be delivered to the venue and placed under our control. You are responsible for delivering such drinks to us prior to the event date. We do not allow guests to bring their own drinks and any unauthorised drinks will be confiscated by us.
6 Catering and third party suppliers
6.1 Our resident caterers are Jenkinsons and we do not permit any other caterer. All food is to be provided and served by Jenkinsons including daytime meals, reception canapes and evening meals. It is your responsibility to liaise with Jenkinsons directly to agree your exact menu requirements before entering into an agreement with them. Jenkinsons shall contact you once a contract has been formed between you and us. Please note that food may only be served in the Oak Barn of the venue.
6.2 We are happy to provide you with our recommended list of third party suppliers (e.g. florists, photographers etc) but it is your responsibility to book the services of such third party suppliers directly with them. Please note that you are only permitted to book an evening entertainment supplier (DJ/band) from our recommended list. This is to ensure our compliance with noise levels imposed by our entertainment licence.
6.3 With regards to any other third party suppliers, if you do not wish to use any of the third party suppliers on our recommended list, you must obtain our consent in writing before you enter into an agreement with them.
6.4 All third party suppliers are only permitted access to the venue from 11:00am on the event date for the purposes of setting up. You shall be responsible for ensuring the good conduct of those suppliers.
7 Carrying out of the services
7.1 In consideration of the payment of the price by you to us we agree (subject to these terms and conditions) to make the venue available to you on an exclusive basis for the purpose of holding an event on the date and during the hours as set out in the contract. For the avoidance of doubt, the exclusive hire hours are as follows:
(a) venue: 11:00 – 00:00
(b) bar: 11:00 – 00:00
(c) venue and top gates close: 00:30 although we recommend last carriages to take place around 23:45 – 00:10.
7.2 Where applicable, we must carry out the services by the time or within the period which you and we agree in writing. If you and we have agreed no time or period, this will be within a reasonable time.
7.3 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:
(a) you change the services (and this means we have to do extra work)
(b) we have to wait for your third party suppliers to complete their work before we are able to carry out the services
(c) poor weather conditions
7.4 We reserve the right to cancel the contract or stop the event if you, your guests or third party suppliers conduct any inappropriate, offensive and/or threatening behaviour towards us, Jenkinsons’ staff and/or guests.
7.5 Apart from the circumstances set out in clause 7.4, if we cancel the contract, we shall refund you all sums paid by you.
8 Right to cancel the contract within the 14-day cancellation period
8.1 You have the right to cancel the contract within 14 days without giving any reason.
8.2 The cancellation period will expire after 14 days of the conclusion of the contract.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form attached to these terms and conditions, but it is not obligatory.
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.5 We will wait until the 14–day cancellation period in this clause 8 is over before we start to carry out the services, unless:
(a) you want us to carry out the services during the 14–day cancellation period
(b) we have agreed to do so, and
(c) you have signed a written confirmation and given it to us (if you do this, the written confirmation which you sign will form part of the contract as though set out in full here).
8.6 If you cancel the contract with the 14-day cancellation period, we will reimburse to you all payments received from you except where we are allowed to keep such payments, for example when we have started carrying out the services within the 14–day cancellation period and you provided your written agreement for us to start carrying out the services within the 14–day cancellation period.
8.7 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
8.8 We will make the reimbursement using the same means of payment as you used for the initial deposit, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9 Cancellation of the contract after the 14-day cancellation period
9.1 Once the cancellation period expires, then generally you cannot cancel the contract and if you purport to do so then the charges (calculated as a percentage of the price of the contract) set out in this clause 9.1 will be payable by you in order to compensate us for our reasonable costs and/or losses:
(a) Cancellation more than 12 months prior to the event date: 50% of the price
(b) Cancellation between 6 – 12 months prior to the event date: 60% of the price
(c) Cancellation between 3 – 6 months prior to the event date: 70% of the price
(d) Cancellation 1 – 3 months prior to the event date: 80% of the price
(e) Cancellation less than 1 month prior to the event date: 100% of the price
9.2 We will make reasonable endeavours to re-sell the hire of the venue but you acknowledge that this may not always be possible. If we are able to re-sell the hire of the venue to someone else for the same date and times as your booking (which will usually be at a discounted price), then any amounts that we receive from that other person will be off-set against the price you paid and we shall refund this amount to you after deducting our reasonable costs.
9.3 Should you cancel the contract after the 14-day cancellation period, then this must be provided in writing. Cancellation shall be deemed effective from the date we receive the written confirmation.
9.4 We strongly recommend that you take out insurance cover to protect you in the event that you cancel the contract with us.
10 Faulty services
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. Please contact us using the contact details above if you want:
(a) a price reduction
(b) a refund
11 End of the contract
11.1 If the contract is ended it will not affect our right to receive any money which you owe to us under the contract.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed
(ii) that were not caused by any breach on our part
(b) business losses
(c) losses to non-consumers
12.2 We accept no responsibility for any loss of or damaged caused to any of your belongings (including any gifts) or those of your guests. You are responsible for ensuring that any belongings are kept safe. Any belongings (such as decorations, drinks) left at the venue must be collected by you the following day by 10:00am.
12.3 Due to the age and features of the venue, there are numerous hazards with uneven, slippery or riven stone surfaces, steps, gateways, cattle grids. Please take extra care and ensure your guests take extra care at all times.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with our service to you generally or any other matter please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you, and
(b) give you certain information required by law about our alternative dispute resolution provider [which is run by [INSERT NAME AND WEBSITE ADDRESS]]
13.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the contract.
13.5 English law will apply to the contract.
14 Third party rights
14.1 No one other than a party to the contract has any right to enforce any term of the contract.