TERMS AND CONDITIONS
These Terms are applicable to all Contracts of any kind made by Hyde Park Towers Hotel Limited (HPTH) and its clients ("the Clients")and apply to all reservations, bookings and agreements for accommodation, dining, function room hire and use of all facilities at HPTH.
Clients are invited to read these provisions and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of HPTH.
TERMS OF SUPPLY
1. INTERPRETATION
1.1 In these Conditions:
| "Arrival" | means the date on which the Facilities are to be provided or shall start to be provided by HPTH; |
| "Client" | means the person for whom HPTH has agreed to provide the Services in accordance with these Terms; |
| "Contract" | means the contract for the provision of the Services including these Terms as appropriate; |
| "Deposit" | means the payment specified in clause 5 and Schedule; |
| "Services" | means the provision of accommodation, function room hire and/or supply of food and beverages and other Services by HPTH for the Client described in writing by HPTH and on its website or in its brochure; |
| "Schedule" | The Schedule of deposits and payments and cancellation terms annexed to this Agreement; |
| "Standard Charges" | means the charges shown in any brochure of HPTH or other published literature relating to the Services in force from time to time; |
| "Terms" | means these terms and conditions. |
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. PROVISIONAL RESERVATION AND CONFIRMATION OF RESERVATIONS
2.1 If HPTH confirms the reservation this Contract is conditional on the Client supplying credit card details and the authority for charges to be deducted (including cancellation charges) on the payment terms outlined in the Schedule.
2.2 If credit card details and payment authority is not given to HPTH by the Client then subject to any outstanding obligation due to HPTH from the Client the Contract will cease to be of effect. The Services that are the subject of the provisional reservation will be released and be resold without any further notification to the Client.
3. SUPPLY OF THE SERVICES
3.1 HPTH shall provide the Services to the Client subject to the Contract.
3.2 The Client shall at its own expense supply HPTH with all necessary data or other information relating to the Services within sufficient time to enable HPTH to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information. Specific information requirements are contained in the Schedule. HPTH may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
4. CHARGES
4.1 The charges payable by the Client shall be detailed in writing by HPTH . If no charges are specified or additional and varied Services are provided to the Client, the Client shall pay the Standard Charges at the prevailing rate on the day the Services are provided and any additional sums which are agreed between HPTH and the Client for the provision of the Services .
4.2 HPTH may vary the Standard Charges from time to time.
4.3 All charges quoted to the Client for the provision of the Services are inclusive of any Value Added Tax at the applicable rate at the tax point unless otherwise stated.
5. DEPOSIT PAYMENTS
5.1 Deposits are non refundable.
5.2 The different requirements for Deposits are set out in full in the Schedule.
5.3 All packages must be paid for in full at the time of reservation, once reserved all packages are non-refunable and non-exchangable for any other service.
6. PAYMENT
6.1 The payments to HPTH to be made by the Client (including Deposits) are to be made on the date(s) and in the amounts to be calculated as specified in the Schedule.
6.2 If any services under the contract are varied prior to arrival then the payment made will reflect the latest details contained in the written details of HPTH.
6.3 Any additional charges due to HPTH from the Client for the Services shall be paid by the Client on presentation of an invoice.
7. CANCELLATION CHARGES ("NO SHOWS")
7.1 The Client agrees to pay charges to HPTH in the event of cancellation of the Services or if the Client and/or their guests fail to take up the Services at the time and on the day specified in the Contract. The cancellation charges are calculated by reference to the Schedule attached.
7.2 HPTH will provide a cancellation number to a Client in the event of the Client making a cancellation and that number must be used in any future dealings with HPTH .
8. VARIATION IN SERVICES REQUIRED
8.1 Any variation of numbers, accommodation and food and beverage requirements specified for the Services or other changes or additions must be agreed by the Client and HPTH in writing.
9. LIABILITY OF THE HPTH
9.1 When HPTH supplies the Services which include any services supplied by a third party, HPTH does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the services to HPTH.
9.2 HPTH shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
9.3 Except in respect of death or personal injury caused by HPTH's negligence, or as expressly provided in these Terms, HPTH shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of HPTH, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by the Client, and the entire liability of HPTH under on in connection with the Contract shall not exceed the amount of HPTH 's charges for the provision of the Services, except as expressly provided in these Terms.
10. TERMINATION
HPTH may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms, or if the Client goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
11. CLIENT RESPONSIBILITIES
11.1 Dress code: Guests are required to comply with the dress code of HPTH in the Bar and Restaurant. The Client must ensure that any guests of the Client are aware of this requirement.
11.2 Arrival and departure times for accommodation at HPTH are 2:00 p.m. and 11a.m respectively. The access and vacate times for all other Services will be as specified in the Programme Sheet and must be strictly adhered to by the Client on all occasions.
11.3 The Client is responsible for the behaviour of his, her or its guests at HPTH and in particular for the orderly conduct of guests attending any function or staying in HPTH or otherwise making use of the Services. The Client must ensure that no noise or nuisance is caused either for HPTH or its other guests and Clients. The Client must comply with any reasonable request of HPTH and with any policies of HPTH as may apply to the Services from time to time.
GENERAL TERMS FOR EXTERNAL CONTRACTORS AND INDEMNITY
1. DEFINITIONS
1.1 In these terms: "Contract" means the contract for the provision of the Services including these Terms and, as appropriate, any written description given by HPTH. "External Contractor" means production companies, audio visual companies, television, video or film crews, musicians, bands, live acts and any other performers, toastmasters, florists, photographers and designers and any other person who is contracted by the Client in connection with any of the Services. "Services" means the provision of accommodation, function room hire and/or supply of food and beverages and other services by HPTH for the Client described in writing by HPTH and on its website or in its brochure.
2. GENERAL TERMS FOR EXTERNAL CONTRACTORS AND INDEMNITY
2.1 HPTH must be notified by the Client of any External Contractor the Client proposes to use and must obtain the permission of HPTH to the use of the External Contractor at HPTH. HPTH reserves the right to refuse access to any External Contractor;
2.2 The Client must on request supply to HPTH copies of public liability insurance policies with a minimum limit of liability of £5 million per claim or such other insurance as may be required from HPTH and the receipts for the last premium due for all External Contractors to cover as a minimum any damage or injury to HPTH or any of its property, staff, any plant and equipment of HPTH, any guest of the Client or HPTH or of any Client resulting from any activity of the External Contractor or arising out of the External Contractor being on the premises of HPTH or in respect of any equipment brought onto HPTH premises by the External Contractor.
2.3 Any electrical, audio visual equipment the Client wishes to use that is not the property of HPTH can only be brought into HPTH and used with HPTH 's written permission. All such equipment must comply with the I.E.E. regulations and safety standards. HPTH may at its discretion arrange for its own contractors to inspect any such equipment. The cost of such inspection shall be borne by the Client. The Client will comply with any requirement or direction imposed by HPTH following such inspection.
2.4 The Client will comply with the policies of HPTH in connection with the construction of any stand, exhibition stand, scaffolding, the use of any plant and equipment that it wishes to bring into HPTH and as may generally apply from time to time.
2.5 The Client will indemnify HPTH in connection with any loss or damage caused to HPTH, its staff, contractors, clients and guests or to any property of HPTH or any such persons arising out of the engagement of any External Contractors or if the Client itself brings onto the premises any equipment, plant or machinery in respect of any loss, damage, costs including legal costs that HPTH shall incur.
2.6 The Client is permitted to use its own signage subject to complying with the generality of the Contract or any policies of HPTH for the use of such signage from time to time within private salons or meeting rooms or suites designated for the Client's use. No signage is permitted by HPTH in any other part of HPTH and in particular within the public areas.
2.7 The Client will comply with the terms applying to photography as set out in clause 4.
3. CCTV
In the public areas of HPTH and some staff areas CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of HPTH and security for all its Clients and staff.
4. PHOTOGRAPHY
Photography is permitted in certain areas of the hotel provided it is restrained and does not cause a nuisance. please ask for details. Commercial photography or images including trade marks or trade names requires the prior written consent of HPTH.
5. GENERAL
5.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
5.2 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.3 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
SCHEDULE OF DEPOSITS AND PAYMENTS AND CANCELLATION TERMS
| GROUP ROOM BOOKINGS (2 Rooms or over) | ||
| TIMETABLE | CLIENT REQUIREMENTS * | CANCELLATION CHARGES** |
| Upon reservation | Deposit to cover 1 nights accommodation for confirmed room | None : If Deposit not paid within 10 days reservation cancelled |
| 3 Months or less | 10% of Proforma - Deposit as above | 10% of Deposit Paid |
| 3 working days before Arrival | ROOMING LIST TO BE PROVIDED plus payment in full | |
| On Arrival | Payment in full to have been received or credit card swiped and signature verified to guarantee full payment. | |
| On Departure | Payment of additional charges during stay | |
ACCOMMODATION CONTRACTS
For Services involving accommodation, the Client must supply rooming lists to the relevant contact of the HPTH on the date(s) calculated by reference to the Schedule. Failure to provide a rooming list by this time will be deemed cancellation of the booking and the cancellation charges detailed in the Contract will be applicable. Cancellation charges will also be payable should the number of rooms required reduce by more than 10% of the total specified in the Contract based on the total numbers cancelled.
DINING OR MEETING CONTRACTS
For dining or meeting events as specified in the Contract, final numbers must be received by the contact of the HPTH no less than 48 hours prior to the Reservation Date. Should the number of guests reduce by more than 10% of the total in the Contract, cancellation charges as set out in the Contract will apply and must be paid by the Client based on the total numbers cancelled.
*Where Account Facilities have been confirmed no Deposit is required but the Account is payable in full within 30 days of receipt receipt of invoice.
**All cancellation charges are subject to possible full reimbursement if accommodation is re-let and payment has been in accordance with Contract.