Terms & Conditions | Kinross House Estate
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Estate HireSpa Bookings

Terms & Conditions

 

BUSINESS TERMS AND CONDITIONS
BACKGROUND
(A) First Sight Estates Ltd has been granted a lease by the Owner with a view to First Sight Estates Ltd obtaining bookings for the use and occupation of the Property by Clients in accordance with these Terms.
(B) The Client and First Sight Estates Ltd have been corresponding with one another with a view to the Client using or occupying the Property for the Period.
(C) As a result of such correspondence, First Sight Estates Ltd has prepared a Hire Agreement for approval and (if approved) execution by the Client.
(D) These Terms are supplemental to the terms contained in the Hire Agreement; when combined with the Hire
Agreement, set out the terms and conditions under which First Sight Estates Ltd have agreed to allow the Client
to exclusively use and occupy the Property and to provide the Services to the Client; and will (alongside the Hire Agreement) become binding between the Client and First Sight Estates Ltd in accordance with clause 2.1 of these Terms.
AGREED TERMS
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in these Terms.
Additional Services: additional services over and above the licence contained in clause 4 of these Terms and the staffing contained in clause 5.1 and 5.2 that First Sight has agreed to provide to the Client (as specified in the Hire Agreement and/or Event Sheet);
Agent: the person or persons named as the agent (if any) in the Hire Agreement.
Client (or you): the person or persons listed in the Hire Agreement as the Client.
Contract: the contract between First Sight Estates Ltd and the Client for the hire of the Property in accordance with these Terms and consisting of the documents set out in clause 2.3 and the Event Sheet (once signed).
Damage Deposit: the amount (if any) of the refundable damage deposit listed in the Hire Agreement.
Deposit: the sum of the non-refundable deposit listed in the Hire Agreement.
Estate: the estate known as Kinross House, Kinross, Kinrosshire, KY13 8ET;
Event Sheet: the event sheet confirming the key details for the Period provided to the Client in accordance with clause 3.5.
First Sight (or we): First Sight Estates Limited (CRN 07065391) whose registered office is at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ.
Hire Agreement: the document entitled ‘Hire Agreement’ containing certain terms under which First Sight agrees to allow the Client to use and occupy the Property.
Owner: the person(s) with the legal interest in the Property from time to time.
Period: the period that First Sight has agreed to allow the Client to use and/or occupy the Property as set out in the Hire Agreement.
Price: the price quoted in the Hire Agreement (as varied in accordance with these Terms).
Property: that part of the Estate that First Sight have agreed to allow the Client to use and/or occupy for the Period as more accurately detailed in the Hire Agreement;
Services: the services (including the occupation and/or use of the Property during the Period to be provided by First Sight in accordance with these Terms plus any Additional Services;
Terms: the terms and conditions contained in this document.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
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1.2 Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Words in the singular shall include the plural and vice versa.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 A reference to writing or written includes faxes and e-mail.
1.7 Where the words include(s), including or in particular are used in these Terms, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.8 Any obligation in these Terms on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.9 References to clauses and schedules are to the clauses and schedules of these Terms.
2. TERMS AND CONDITIONS
2.1 Once First Sight receives a copy of the Hire Agreement signed by or on behalf of the Client (without amendment), First Sight will also sign the Hire Agreement and issue a copy of the Hire Agreement signed by both parties to the Client.
2.2 The terms contained in these Terms and the Hire Agreement will become binding on the Client and First Sight on the date that First Sight signs the Hire Agreement (as set out on the Hire Agreement), at which point the Contract will be formed.
2.3 The Contract will comprise of the following documents in the following order or priority to the extent of any conflict or inconsistency between the same:
(a) The Hire Agreement;
(b) These Terms.
2.4 These Terms apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any examples, descriptive matter or advertising issued by First Sight and any descriptions or illustrations contained in First Sight’s marketing materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract nor have any contractual force.
2.6 Where the Client uses an Agent, the Client represents and warrants that the Agent has the authority to act on the Client’s behalf and to bind the Client in connection with the Contract and that First Sight shall be entitled to rely on all acts, communications, representations and warranties of the Agent in connection with the Contract. The Client shall be deemed to have received copies of all correspondence and communications from First Sight provided to the Agent in connection with the Contract. The nomination of the Agent as the Client’s third party payee in connection with the Contract is subject to First Sight’s prior consent save that the Client remains liable for all its obligations under the Contract as principal.
3. CHANGES TO THE CONTRACT
3.1 First Sight reserves the right to revise the Contract from time to time in the following circumstances:
(a) changes in how First Sight accepts payment;
(b) changes in relevant laws and regulatory requirements; and
(c) following an Force Majeure Event or any other circumstances beyond the control of First Sight Estates Ltd.
3.2 If First Sight has to revise the Contract, First Sight will (where First Sight believes that it is reasonable to do so) provide at least one week's written notice of any changes before they take effect.
3.3 The Client may request to amend the terms contained in the Hire Agreement at any time prior to 14 days before the start of the Period by contacting First Sight in accordance with clause 20 of these Terms. If First Sight are willing to accept such an amendment, First Sight will confirm to the Client in writing and advise the Client of any amendment to the Price. Such an amendment to the Hire Agreement will only becoming binding as between First Sight and the Client:
(a) (if the Client has been advised that there is no amendment to the Price) once First Sight Estates Ltd has confirmed in writing that First Sight are willing to accept such an amendment; or
(b) (if the Client has been advised that there is an amendment to the Price) once the Client has confirmed to First Sight in writing that the Client accepts the amendment to the Price.
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3.4 Should a requested amendment to the Hire Agreement not be accepted and become binding in accordance with clause 3.3, the terms of the Hire Agreement without such amendment will continue in force and will remain binding as between First Sight and the Client.
3.5 First Sight will issue an Event Sheet to the Client to confirm all the agreed details for the Period at least 14 days prior to the start of the Period (including any agreed amendments to the Price and the Services). The Client shall notify First Sight of any errors or omissions on the Event Sheet as soon as possible and First Sight shall issue an updated version. The Client shall sign and return the Event Sheet to First Sight at least 10 days prior to the start of the Period.
3.6 Once signed, the Event Sheet will form part of the Contract and if there is any conflict between the Event Sheet and the Hire Agreement, the Event Sheet will take precedence.
3.7 The Client acknowledges that First Sight will use its reasonable endeavours to accommodate any changes requested to the Event Sheet after it is signed and prior to the start of the Period (subject to the Client agreeing to any further Price amendment) but that any further changes cannot be guaranteed. If any further changes are agreed, these will also form part of the Contract.
4. LICENCE AND USE OF THE PROPERTY
4.1 In consideration of the Price, First Sight grants the Client and the number of persons listed in the Hire Agreement (or the Event Sheet (if different)), the non-exclusive licence to use and/or occupy the Property during the Period. The Client hereby confirms that the Client will not permit any persons to use and/or occupy the Property over and above the number listed in the Hire Agreement (or the Event Sheet (if different)), unless prior permission is agreed.
4.2 The occupation and/or use under clause 4.1 of these Terms will be limited to the Property only. The Client hereby confirms not to use and/or occupy (nor permit the use and/or occupation by any persons on the Property with the express or implied consent of the Client) any part of the Estate other than the Property.
4.3 The licence contained in clause 4.1 will be a non-exclusive licence only and is not intended to create any relationship of landlord and tenant between First Sight and the Client. The Client shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when occupation ends.
4.4 The Hire Agreement will specify the nature of the occupation and/or use. The Client hereby confirms that the Property will not be occupied or used for any purposes other than those specified in the Hire Agreement.
4.5 At the end of the Period, the Client will vacate the Property and ensure that all persons occupying or using the Property during the Period vacate the Property.
4.6 If the Client or any other person occupying the Property during the Period are issued with any keys, key fobs or other items used to access the Property or any part of it, the Client will ensure that all such keys are returned at the end of the Period. If any keys or items are lost, the Client will be required to pay a reasonable fee for replacing such keys or items.
4.7 First Sight will not be providing any drinks, food or other items during the Period or any Additional Services unless detailed in the Hire Agreement and/or subsequent Event Sheet.
4.8 The Client hereby agrees, during the Period, that First Sight (or any of First Sight’s staff, agents or personnel) may enter the Property at any time to monitor compliance with the Contract, provide any Additional Services, access the areas listed in clause 4.14 or to maintain and repair the Property or Estate. First Sight will use all reasonable endeavours to ensure that the occupation and/or use of the Property in accordance with the Contract is not disturbed but will not be liable to for any losses or damages as a result of any such disturbance.
4.9 During the Period, the Client will ensure that:
(a) the Property and all fixtures, fittings and contents remain in the same condition as they were at the start of the Period. The Client will be responsible for any damage or destruction caused by the Client or any person occupying and/or using the Property during the Period and the cost of cleaning any untidiness over and above the usual untidiness that First Sight would expect for a similar occupation and/or use;
(b) no damage is caused to the walls, windows, floors or doors to the Property (or any fixtures, fittings, or contents) by the Client or any person occupying and/or using the Property during the Period;
(c) no person occupying and/or using the Property during the Period causes any nuisance or annoyance to any other occupier or user of the Estate or any adjoining or neighbouring land;
(d) the Client or any person occupying and/or using the Property during the Period comply with all laws during the Period;
(e) each person occupying and/or using the Property during the Period complies with all fire safety rules issued by First Sight or detailed at the Property; and
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(f) no person occupying and/or using the Property during the Period commits or permits any act that would make any insurance policy on the Property or any fixtures or fittings on the Property void or voidable or increase the premium of any such policies.
4.10 First Sight reserves the right to require the Client to pay a Damage Deposit (which is payable in accordance with the requirements of the Hire Agreement) to cover any potential damage to the Property and/or its contents during the Period caused by the Client or any person occupying and/or using the Property with the express or implied consent of the Client. First Sight will return the Damage Deposit to the Client following the expiry of the Period but we may, in our sole discretion, retain the Damage Deposit (or any part of it) to cover:
(a) any damage or breakage to the Property or its contents;
(b) any additional cleaning services that may be required to restore the Property back to its original condition;
(c) any excessive electricity use;
(d) any excessive local or national calls or any international calls; and/or
(e) circumstances where it becomes apparent to us that you have exceeded the maximum number of occupiers specified in the Hire Agreement or Event Sheet (if different).
4.11 Any breaches of clause 4 of these Terms or any other rules relating to the Property that have been provided to the Client will entitle First Sight to terminate or curtail the use and/or occupation of the Property with immediate effect. If required, the Client must vacate (and procure that any other persons occupying and/or using the Property vacate) the Property immediately on receipt of any notice to terminate provided by First Sight under this clause 4.11. If such termination occurs, First Sight will have no liability to the Client whatsoever and no obligation to repay any of the Price.
4.12 The cost of normal domestic electricity use for the amount of people specified in the Hire Agreement (or the Event Sheet (if different)) to use and/or occupy the Property will be included in the Price. The Client will be accountable to First Sight for any electricity use over and above such amount. If First Sight believes that the Client has exceeded such normal domestic use, First Sight will forward details of what it believes to be the amount of such excess, such amount to be payable immediately.
4.13 The cost of a reasonable amount of local and national calls will be included in the Price. If First Sight believes that the Client has made excessive local and national calls or any international calls, First Sight will forward details of what it believes to be the cost of such calls, such cost to be payable immediately.
4.14 Due to the need to allow the staff to provide the Additional Services, the following areas will not be included in the Property that the Client is entitled to use/occupy:
(a) any areas designated as an area to be accessed by First Sight staff or personnel only; and
(b) the computer and communications room
4.15 The Client will indemnify First Sight for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation, loss of business, loss of contract and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by First Sight arising out of or in connection with any death or personal injury caused at the Property during the Period unless such death or personal injury was caused due to or caused by the negligence of First Sight.
4.16 The Owner will be entitled to rely on the provisions of clause 4.9 in the same manner as First Sight as if the Owner was a party to the contract between First Sight and the Client.
5. ADDITIONAL SERVICES
5.1 First Sight Estates Ltd will provide a Front of House Manager and an appropriate level of housekeepers at the Property during the Period.
5.2 Additional staffing will be provided as per our standards of operation (including kitchen and waiting staff) as specified in the Hire Agreement. The costs of such staffing will be included within the Price. If external caterers are required for dining, additional staffing costs will be payable and these will be notified to you.
5.3 The Client will ensure that any person occupying and/or using the Property during the Period are always polite and courteous to the staff and are never rude or abusive. Any failure to comply with this clause 5.3 may result in the agreed staffing being removed from the Property. First Sight will not be liable to the Client as a result of removing such staffing and the Client will not be entitled to a refund of the Price or any part of it.
5.4 If so specified in the Hire Agreement, First Sight will provide the Additional Services at the times agreed during the Period. If no times have been agreed as to when such Additional Services will be provided, First Sight will provide such Additional Services when First Sight deems appropriate. First Sight will not be liable to the Client for:
(a) the provision of any additional services not listed as an Additional Service in the Hire Agreement (or Event Sheet); and
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(b) (if no times have been agreed as to when such Additional Services will be provided) the provision of Additional Services on the times First Sight deem appropriate.
6. CHARGES & PAYMENT
6.1 The Price will be set out in the Hire Agreement. The Client acknowledges that any third party provider prices set out in the Hire Agreement (for example, for outside catering) may be subject to variation prior to the commencement of the Period. First Sight will notify the Client of any such variations to the Price as soon as reasonably possible.
6.2 If any of the terms of the Hire Agreement are amended under clause 3 of these Terms, the Price may also be subject to change in accordance with the provisions of clause 3. All changes following the signing of the Hire Agreement will be confirmed on the Event Sheet to be signed by the Client in accordance with clause 3. Any further changes or additional charges in accordance with these Terms will be confirmed by First Sight in writing.
6.3 First Sight will use reasonable endeavours to ensure that all pricing information provided will clearly state if prices are quoted exclusive or inclusive of VAT but VAT will remain payable even if it is not so specified). If the rate of VAT changes between the date of the Hire Agreement and the date of payment of the relevant sum, First Sight will adjust the rate of VAT payable.
6.4 As soon as the Contract becomes binding on the Client in accordance with clause 2 of these Terms, the Client will be required to pay the Deposit (and Damage Deposit (if applicable)) to First Sight to the account details specified in the Hire Agreement.
6.5 The balance of the Price (and any VAT payable on it) will be payable on the dates specified in the Hire Agreement. The Client must pay each invoice in cleared monies on the date and to the account specified in the Hire Agreement.
6.6 If any balance of the Price remains outstanding prior to the commencement of the Period, First Sight will not be obliged to allow the Client to use and/or occupy the Property in accordance with clause 4 of these Terms or be required to provide the Additional Services and will not be liable to the Client for any losses, damages, costs or expenses or to repay any part of the Price actually received as a result.
6.7 If any payment is not paid on the due date specified in these Terms, interest will be charged on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
7. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 This clause 7 sets out the entire financial liability of First Sight (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client in respect of:
(a) any breach of the Contract however arising;
(b) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
7.3 Nothing in this agreement limits or excludes the liability of First Sight for death or personal injury resulting from its negligence, or fraud or fraudulent misrepresentation.
7.4 Subject to clause 7.3:
(a) First Sight shall not under any circumstances whatsoever be liable for:
(i) Loss of profits
(ii) Loss of business
(iii) Any damage to any items brought onto the Property by you or any other occupiers or users
(iv) Depletion or loss of goodwill
(v) Loss of anticipated savings
(vi) Loss of goods
(vii) Loss of contract
(viii) Loss or corruption of data or information
(ix) Special, indirect or consequential loss
(x) Pure economic loss
(b) Subject to clause 7.3 and 7.4, First Sight’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or
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contemplated performance of this Contract shall in all circumstances be limited to the sum of the Price actually paid by the Client.
7.5 Unless the Client notifies First Sight that it intends to make a claim in respect of an event within the notice period, First Sight shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred and shall expire six (6) months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
8. DATA PROTECTION
The Client acknowledges and agrees that details of the Client's name, address and payment record may be:
(a) submitted to a credit reference agency or insurers;
(b) used to inform the Client about similar products or services that First Sight may provide, but the Client may stop receiving these at any time by contacting First Sight; and
(c) personal data will be processed by and on behalf of First Sight in accordance with First Sight’s privacy policy (which is available on our website).
9. TERMINATION OF CONTRACT
9.1 Without prejudice to any other rights or remedies which First Sight has, First Sight may terminate the Contract without liability to the Client immediately on giving notice to the Client if:
(a) the Client fails to pay any amount due on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
(b) the Client commits a breach of any of the terms of these Terms and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing of the breach; or
(c) the Client suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 OR (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
(d) the Client commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of the Client; or
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the Client other than for the sole purpose of a scheme for a solvent amalgamation of the Client with one or more other companies, or the solvent reconstruction of the Client; or
(f) an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the Client; or
(g) a floating charge holder over the assets of the Client has become entitled to appoint, or has appointed, an administrative receiver; or
(h) a person becomes entitled to appoint a receiver over the assets of the Client, or a receiver is appointed over the assets of the Client; or
(i) a creditor or encumbrancer of the Client attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
(j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1 (c) to (i) (inclusive).
9.2 If First Sight terminates the Contract under clause 9.1, First Sight will be entitled to retain the Deposit and any other sums paid by the Client to First Sight (or due or payable by the Client to First Sight on the date of such termination) to cover the losses, costs and expenses in preparing to provide the Services as well as the loss of bookings.
9.3 Without prejudice to any other rights or remedies which the Client has, the Client may terminate the Contract on giving written notice to First Sight.
9.4 In the event of cancellation by the Client, the amount (if any) that First Sight will return will be calculated based on the following cancellation charges payable by the Client. The cancellation charges are a genuine pre-estimate of the loss and expenses incurred by First Sight as a result of the cancellation and are based upon the total of all pre-booked items times the number of nights these have been booked. The scale of cancellation
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charges is as follows (determined by reference to how far in advance of the Period the cancellation date occurs). The cancellation date is the date that We receive notification of cancellation in writing:
(a) 53 weeks and more: Deposit;
(b) Between 27 – 52 weeks: 25% of the Price;
(c) Between 17 – 26 weeks: 50% of the Price;
(d) Between 7 – 16 weeks: 75% of the Price;
(e) Between 1 - 6 weeks: 100% of the Price.
9.5 On termination of the Contract for any reason, First Sight will return the Damage Deposit (if any) to the Client.
10. FORCE MAJEURE
10.1 First Sight, provided that it has complied with the provisions of clause 10.3, shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under such contract arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
(a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
(e) fire, explosion or accidental damage;
(f) adverse weather conditions;
(g) collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
(h) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(i) non-performance by suppliers or subcontractors;
(j) interruption or failure of utility service, including but not limited to electric power, gas or water;
(k) epidemic, pandemic or other public health event falling short of either;
(l) any other reason that could cause the Property to be unsuitable for use or occupation; or
(m) the Owner terminating its lease or other arrangements with First Sight for whatever reason so as to prevent First Sight from complying with its obligations under the Contract.
10.2 The corresponding obligations of the Client will be suspended to the same extent.
10.3 First Sight, if subject to a Force Majeure Event, shall not be in breach of the Contact provided that:
(a) it promptly notifies the Client in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance;
(b) it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event and has used reasonable endeavours to arrange another Period with the Client in which to carry out the Services.
10.4 If First Sight and the Client cannot agree another Period in accordance with clause 10.3(b) within 30 days of the Client being notified of a Force Majeure Event, the Client may terminate the Contract under clause 9.3 of these Terms.
11. CONFIDENTIALITY
11.1 Each party undertakes that it shall not at any time during the Contract, and for a period of 12 months after expiry of the Period, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.2.
11.2 Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
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12. VARIATION
Subject to clause 3, no variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of the parties.
13. WAIVER
13.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
13.2 No single or partial exercise of any right or remedy provided under the Contract or by law shall preclude or restrict the further exercise of any such right or remedy.
14. INDEMNITY
14.1 If the Client breaches any of the terms of the Contract, the Client will indemnify and keep First Sight indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by First Sight arising out of or in connection with such breach.
14.2 If the Client breaches the provisions of clause 4.9 of these Terms, the Client will be liable to Owner for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Owner arising out of or in connection with such breach
15. SEVERANCE
15.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
16. ENTIRE AGREEMENT
16.1 The Contract constitutes the entire agreement between the Client and First Sight relating to the use and/or occupation of the Property by the Client and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter.
16.2 Each party acknowledges that, in entering into the Contract, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that its only liability in respect of those representations and warranties that are set out in the Contract (whether made innocently or negligently) shall be for breach of contract.
16.3 Nothing in this clause shall limit or exclude any liability for fraud.
17. ASSIGNMENT
17.1 The Client shall not, without the prior written consent of First Sight, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract.
17.2 First Sight may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract.
18. NO PARTNERSHIP OR AGENCY
Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
19. RIGHTS OF THIRD PARTIES
Save in respect of the rights of the Owner under this Agreement, a person who is not a party to the Contract shall not have any rights under or in connection with it.
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20. NOTICES
20.1 A notice or other communication given to a party under or in connection with this Contract shall be in writing in English (or accompanied by a properly prepared translation into English); shall be signed by or on behalf of the party giving it; shall be sent for the attention of the person named below in the case of First Sight and for the attention of the person named in the Hire Agreement in the case of the Client; shall be delivered personally; or sent by commercial courier; or sent by pre-paid first-class post or recorded delivery; or sent by airmail requiring signature on delivery; or sent by email.
20.2 The addresses for service of a notice or other communication are as follows:
First Sight Estates Ltd, Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ
To the attention of: Tracey George, email: tracey.george@firstsightestates.com
Client: the address and contact information provided for the client in the Hire Agreement
20.3 If a notice or other communication has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows: if delivered personally, at the time of delivery; or if delivered by commercial courier, at the time of signature of the courier's receipt; or if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second day after posting; or if sent by airmail, five days from the date of posting, or if sent by email, at the time of transmission.
20.4 For the purposes of this clause all times are to be read as local time in the place of deemed receipt; and
if deemed receipt under this clause is not within business hours (meaning 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice or other communication is deemed to have been received when business next starts in the place of receipt.
To prove delivery, it is sufficient to prove that if sent by pre-paid first class post, the envelope containing the notice or other communication was properly addressed and posted; or if sent by email, the notice of other communication was transmitted by email to the relevant email address of the other party.
20.5 The provisions of this clause 20 shall not apply to the service of any process in any legal action or proceedings.
21. GOVERNING LAW AND JURISDICTION
21.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
21.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

CONSUMER TERMS AND CONDITIONS
First Sight Estates Limited provides specific services relating to the occupation and/or use of the Property (being those listed in the proposed Hire Agreement) on the following Terms. Please read the document carefully as you are bound by these Terms following the circumstances listed in clause 2.
We suggest that before you sign the Hire Agreement you read through these Terms. If you have any questions concerning them please ask us. Please specifically note our limitation of liability provisions in clause 9, your cancellation rights in clause 11 [and the indemnity contained in clause 13]. Please keep a copy of these Terms for your records.
1. DEFINITIONS
1.1 When the following words are used in these Terms, this is what they will mean:
(a) Agent: the person (if any) named as the agent on the Hire Agreement;
(b) Consumer: a person acting not in the course of business;
(c) Contract: the legally binding contract between You and Us consisting of these Terms and the Hire Agreement and any variation that we agree (as confirmed on the Event Sheet);
(d) Damage Deposit: the sum of the damage deposit (if any) listed in the Hire Agreement;
(e) Deposit: the sum of the Deposit listed in the Hire Agreement;
(f) Estate: the estate known as Kinross House, Kinross, Kinrosshire, KY13 8ET;
(g) Event Sheet: the event sheet confirming the key details for the Period provided by Us and signed by You in accordance with clause 3;
(h) Event Outside Our Control: is defined in clause 10.2;
(i) Hire Agreement: the Hire Agreement signed by You and headed as such which contains details of Your Request and the Services We will be providing to You;
(j) Period: the length of time that We have agreed to allow You to use and occupy the Property as set out in the Hire Agreement;
(k) Pre-Hire Services: the services that we will provide to you prior to the start of the Period;
(l) Price: the total price (exclusive of VAT) for providing the Services as listed in the Hire Agreement (as varied in accordance with these Terms). VAT will be charged additional to the Price;
(m) Property: that part of the Estate (but excluding the parts of the Property listed in clause 5.14) that We have agreed to allow You to use and/or occupy for the Period as more accurately defined in the Hire Agreement;
(n) Request: your request for the Services and use and/or occupation of the Property as set out in the Hire Agreement;
(o) Services: the services (including the occupation and/or use of the Property during the Period) that We are providing to you as set out in the Hire Agreement including the Pre-Hire Services and any additional Services;
(p) Terms: the terms and conditions set out in this document;
(q) We/Our/Us: First Sight Estates Limited (CRN 07065391) whose registered office is at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ; and
(r) You or you: the client named in the Hire Agreement.
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1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Following our discussions regarding the proposed Services, We will have provided you with a Hire Agreement for You to sign. Please ensure that You read these Terms carefully, and check that the details on the Hire Agreement and in these Terms are complete and accurate, before you sign and return the Hire Agreement to Us. If you think that there is a mistake, please contact Us to discuss before signing and returning the Hire Agreement (whereby We will issue an amended Hire Agreement if We accept the mistake).
2.3 When you sign and return the Hire Agreement (unamended ) to Us (or We accept an amended Hire Agreement in accordance with clause 2.6), We will also sign the Hire Agreement and issue a copy of the Hire Agreement signed by both You and Us to You. These Terms and the terms set out in the Hire Agreement will become binding on You and Us and a contract will come into existence (the “Contract”) on the date that We sign the Hire Agreement (as set out on the Hire Agreement).
2.4 The Contract will consist of these Terms and the Hire Agreement and will constitute the whole contract between You and Us for the provision of the Services.
2.5 If you amend a Hire Agreement in any way before signing and submitting the Hire Agreement to Us a contract will not have been formed unless approved in accordance with clause 2.6. If We are unwilling to supply you with the Services in accordance with the amended Hire Agreement We will inform you of this in writing and no contract will have been formed between You and Us.
2.6 If you amend a Hire Agreement in accordance with clause 2.5, a contract between You and Us will become binding when We issue You with a copy of the amended Hire Agreement signed by both You and Us.
2.7 If any of these Terms conflict with any term of the Hire Agreement, the Hire Agreement will take priority.
2.8 We shall assign a number to the Request and inform you of it when a contract comes into existence between you and Us. Please quote the number in all subsequent correspondence with Us relating to Your Contract.
2.9 Where You are using an Agent to act on your behalf, You confirm to Us that the Agent has the authority to act on Your behalf and to enter into legally binding commitments with Us on your behalf. You agree that We are entitled to rely on everything said and done by the Agent in connection with the Contract. We are allowed to think that copies of all correspondence and communications from Us provided to the Agent in connection with the Contract have also been provided to you. Our prior consent is required if You want to nominate the Agent to make payments in connection with this Contract on your behalf and You agree that You remain responsible for all Your obligations under the Contract even where You have nominated the Agent to do something on Your behalf.
3. CHANGES TO THE CONTRACT
3.1 We may revise the Contract from time to time in the following circumstances:
(a) changes in how We accept payment from You;
(b) changes in relevant laws and regulatory requirements; and
(c) following an Event Outside Our Control or any other circumstances beyond Our control.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one week's written notice of any changes to these Terms before they take effect.
3.3 You may make request a change to the terms contained in the Hire Agreement at any time prior to 14 days before the start of the Period by contacting Us. If We are willing to accept such a change We will confirm in writing and advise you of any amendment to the Price. Your change to the relevant terms contained in the Hire Agreement will only becoming binding:
(a) (if We confirm that there is no amendment to the Price) once We have confirmed in writing that We are willing to accept such a change; or
(b) (if We confirm that there is an amendment to the Price) once you have confirmed to Us in writing that you accept the amendment to the Price.
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3.4 Should a requested amendment to the Hire Agreement not be accepted and become binding in accordance with clause 3.3, the terms of the Hire Agreement without such amendment will continue in force and will remain binding as between you and Us.
3.5 We will issue an Event Sheet to You to confirm all the agreed details for the Period at least 21 days prior to the start of the Period (including any agreed amendments to the Price and the Services since signing the Hire Agreement). You must notify Us of any errors or omissions on the Event Sheet as soon as possible and We will then issue an updated version. You must sign and return the Event Sheet to Us at least 14 days prior to the start of the Period. Once signed, the Event Sheet will form part of the Contract. If there is any conflict between the Hire Agreement and the Event Sheet, the Event Sheet will take priority.
3.6 We will do our best to accommodate any changes requested to the Event Sheet after this time and prior to the start of the Period but this is subject to You agreeing to any further Price changes and You accept that any further changes requested cannot be guaranteed. If any further changes are agreed, these will also form part of the Contract.
3.7 If you wish to cancel the Services before they have been fulfilled, please see your right to do so in clause 11.
4. PROVIDING SERVICES
4.1 Subject to clause 10, We will supply the Services to you for the Price.
4.2 We may need certain information from you that is necessary for Us to provide the Services. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may cancel the Services by giving you written notice. We will not be liable for any cancellation where you have not provided this information to Us after We have asked.
4.3 If you do not pay Us for the agreed Services at the agreed times as set out in clause 8 and/or the Hire Agreement, We may refuse to supply the Services until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 8.7.
4.4 The Price payable for the Services includes the following services provided by Us to You during the period from the date We sign the Hire Agreement to the start of the Period (“Pre-Hire Services”):
(a) Initial planning services and booking consultation when you book with us;
(b) Communication and administration services throughout the time prior to the start of the Period dealing with all your further enquiries and additional requests;
(c) Final consultation with you prior to the start of the Period to confirm your Event Sheet; and
(d) deposits made to third party suppliers for your event.
Subject to clause 10.4, the fee for the Pre-Hire Services will be included on the final invoice.
5. OCCUPATION OF PROPERTY
5.1 As part of the Services, We will be allowing the amount of people specified in the Hire Agreement (or Event Sheet (if different)) to use and/or occupy the Property. You will not permit any persons to use and/or occupy the Property over and above the number listed in the Hire Agreement (or the Event Sheet (if different)).
5.2 Your occupation and/or use will be limited to the Property only. You agree that you will not use and/or occupy any part of the Estate other than the Property as per the Hire Agreement.
5.3 Your use and/or occupation of the Property will be a non exclusive licence only and is not intended to create any relationship of landlord and tenant between you and Us. You shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when your occupation ends.
5.4 The Hire Agreement will specify the nature of the occupation and/or use and as to whether that occupation or use is exclusive. You agree that you will not occupy or use the Property for any purposes other than those specified in the Hire Agreement.
5.5 We have the right to provide you with further rules relating to the Property and its use and/or occupation and you agree to follow such rules as We may provide you with from time to time and to procure that your guests or permitted occupants also follow such rules.
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5.6 At the end of the Period you will vacate the Property and ensure that all persons occupying or using the Property during the Period vacate the Property.
5.7 If you or any other person occupying the Property during the Period are issued with any keys, key fobs or other items used to access the Property or any part of it, you will ensure that all such keys are returned at the end of the Period. If any keys or items are lost, you will be required to pay a reasonable fee for replacing such keys or items.
5.8 We will not be providing any drinks, food or other items during the Period or any additional services unless detailed in the Hire Agreement or Event Sheet. Any such items or additional services not listed will be charged by Us to you following or during the Period in accordance with the price lists contained at the Property. During the Period we will supply clean bed linen and towels if you are to occupy and/or use the Property overnight.
5.9 During the Period We (or any of Our staff, agents or personnel) may enter the Property at any time to monitor your compliance with the Contract, provide the Services, access the areas listed in clause 5.14 or to maintain and repair the Property or Estate. We will use all reasonable endeavours to ensure that your occupation and/or use of the Property is not disturbed but will not be liable to you for any losses or damages as a result of any such disturbance.
5.10 During the Period, you will ensure that:
(a) the Property and all fixtures, fittings and contents remain in the same condition as they were at the start of the Period. You will be responsible for any damage or destruction caused by you or any person occupying and/or using the Property during the Period and the cost of cleaning any untidiness over and above the usual untidiness that We would expect for a similar occupation and/or use;
(b) no damage is caused to the walls, windows, floors or doors to the Property (or any fixtures, fittings or contents) by you or any person occupying and/or using the Property during the Period;
(c) you and any person occupying and/or using the Property during the Period do not cause any nuisance or annoyance to any other occupier or user of the Estate or any adjoining or neighbouring land;
(d) you and any person occupying and/or using the Property during the Period comply with all laws and legislation during the Period;
(e) you and any person occupying and/or using the Property during the Period comply with all fire safety rules issued by Us or detailed at the Property; and
(f) you and any person occupying and/or using the Property during the Period do not do any act or permit any act that would make any insurance policy on the Property or any fixtures or fittings on the Property void or voidable or increase the premium of any such policies.
5.11 We have the right to ask you to pay a Damage Deposit (which is payable in accordance with the requirements of the Hire Agreement) to cover any potential damage to the Property and/or its contents during the Period which is caused by you or any person occupying and/or using the Property with your express or implied consent. We will return the Damage Deposit to you following the expiry of the Period but we may, in our sole discretion, retain the Damage Deposit (or any part of it) to cover:
(a) any damage or breakage to the Property or its contents;
(b) any additional cleaning services that may be required to restore the Property back to its original condition;
(c) any excessive electricity use;
(d) any excessive local or national calls or any international calls; and/or
(e) circumstances where it becomes apparent to us that you have exceeded the maximum number of occupiers specified in the Hire Agreement or Event Sheet (if different).
5.12 Any breaches of clause 5 of these Terms or any rules relating to the Property that have been provided to you (which in Our opinion could place the any guests or the Property or any neighbouring parts of it at risk of harm or could cause any nuisance to the owners or neighbouring occupiers or users) will entitle Us to terminate or curtail your use and/or occupation of the Property with immediate effect. If We notify you of such termination, you must vacate (and procure that any other persons occupying and/or using the Property vacate) the Property immediately. If such termination occurs, We will have no liability to you and no requirement to repay any of the Price.
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5.13 The cost of normal electricity use for the amount of people specified in the Hire Agreement (or Event Sheet (if different) to use and/or occupy the Property will be included in the Price. You will be accountable to Us for any electricity use over and above such amount. If We believe that you have exceeded such normal domestic use, We will forward details of what We believe to be the amount of such excess, such amount to be payable immediately.
5.14 The cost of a reasonable amount of local and national calls will be included in the Price. If We believe that you have made excessive local and national calls or any international calls, We will forward details of what We believe to be the cost of such calls, such cost to be payable immediately
5.15 Due to the need to allow the staffing to provide the Services, the following areas will not be included in the Property that you are entitled to use/occupy:
(a) any areas designated as an area to be accessed by staff or personnel only; and
(b) the computer and communications room
5.16 The owner of the Property will be entitled to rely upon the terms contained in clause 5.10 as if it was a party to the contract between you and Us.
6. STAFFING
6.1 We will provide a Front of House Manager and an appropriate level of housekeepers at the Property during the Period.
6.2 Additional staffing will be provided as per our standards of daily house operation (including kitchen and waiting staff) as specified in the Hire Agreement and within the agreed hire fee. Note if you choose to opt for third party event caterers for parts or all of your catering required at Kinross House, additional staffing costs may be payable to the caterer directly.
6.3 You will ensure that you and any person occupying and/or using the Property during the Period are always polite and courteous to the staff and are never rude or abusive. We reserve the right to withdraw any of Our staff from the Property and/or provision of the Services if any of them suffers rudeness or abuse. We will not be liable to you as a result of the withdrawal of any staff and you will not be entitled to a refund of the Price or any part of it.
6.4 If so specified in the Hire Agreement (or Event Sheet), We may be providing additional Services over and above the occupation of the Property detailed in clause 5. If We are providing such additional Services, We will provide them at the times agreed during the Period. If no times have been agreed as to when such additional Services will be provided, We will provide such additional Services when We deem appropriate. We will not be liable to you for:
(a) the provision of any additional services not listed in the Hire Agreement (or Event Sheet); and
(b) (if no times have been agreed as to when such additional Services will be provided) the provision of additional Services on the times We deem appropriate.
7. IF THERE IS A PROBLEM WITH THE SERVICES OR A COMPLAINT
7.1 If you are dissatisfied with the Services:
(a) please contact Us and tell Us as soon as reasonably possible on 01642 702070 or Cleveland House, Norton Road, Stockton-on-Tees, TS20 2AQ;
(b) please give Us a reasonable opportunity to resolve your complaint; and
(c) if a complaint occurs during the Period we will use every effort to resolve it as soon as reasonably possible.
You will not have to pay for Us to rectify a justified complaint under this clause 7.1. We will not be liable to you or be required to repay the Price or any part of it if We believe the complaint is capable of remedy and you do not allow us a reasonable period to rectify it.
7.2 As a Consumer, you have legal rights under the Consumer Rights Act 2015 in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. PRICE AND PAYMENT
8.1 The Price of the Services will be initially set out in Hire Agreement. You acknowledge that any third party provider prices set out in the Hire Agreement (for example, for outside catering) may be subject
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to variation prior to the commencement of the Period. We will notify you of any such variations to the Price as soon as reasonably possible.
8.2 If We agree to any amendment of the Services under clause 3 of these Terms, your Price may be subject to change in accordance with the provisions of clause 3. All changes following the signing of the Hire Agreement will be confirmed on the Event Sheet to be signed by You in accordance with clause 3. Any further changes or additional charges in accordance with these Terms will be confirmed by Us in writing.
8.3 The Price excludes VAT which will be charged by Us and payable by you at the applicable rate at the times specified in the Hire Agreement. We will endeavour to state the amount of VAT payable in the Hire Agreement (however VAT will remain payable even if it is not so specified). If the rate of VAT changes between the date of the Hire Agreement and the date of payment of the relevant sum, We will adjust the rate of VAT that you pay.
8.4 Once a contract becomes binding between you and Us in accordance with clause 2, the Deposit will be payable. The Deposit is not refundable except as set out in clause 10, 11 and 12.
8.5 The remaining balance of the total hire fee or any additional amounts due (and any VAT payable on it) will be payable on the dates specified in the Hire Agreement. You must pay each invoice in cleared monies on the date and to the account specified in the Hire Agreement:
8.6 If you fail to pay the balance of the Price prior to the commencement of the Period, We will not be required to provide the Services and will not be liable to you for any losses, damages, costs or expenses as a result.
8.7 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
8.8 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.7 will not apply for the period of the dispute.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with our Contract with you for the provision of the Services, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
9.2 We do not exclude or limit in any way in these Terms Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights in relation to the Services under the Consumer Rights Act 2015.
9.3 These terms are intended for use with Consumers only, however if you are not a Consumer but subject to clause 9.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services or Our Contract with you to provide the Services for any:
(a) loss of profits,
(b) loss of sales,
(c) loss of business,
(d) loss of revenue;
(e) loss or corruption of data, information or software;
(f) loss of business opportunity;
(g) loss of anticipated savings;
(h) loss of goodwill; or
(i) indirect or consequential loss.
9.4 These Terms are intended for use with Consumers only, however if you are not a Consumer but subject to clause 9.2 and 9.3, Our total liability to you in respect of all other losses arising under or in connection with the Services or Our Contract with you to provide the Services, whether in contract,
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tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
9.5 We will not be liable for any loss or damage to any personal items that you bring onto the Property.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under our Contract with you that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation the Property not being suitable for occupation or use (other than as a result of any act, omission or negligence of Us), strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence or other natural disaster, epidemic pandemic or other public health event falling short of either, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended until we are able to agree an acceptable substitute Period with you.
10.4 Following notification under clause 10.3(a), you may cancel the Contract. Please see your cancellation rights under clause 11. If, following notification under clause 10.3(a), We are unable to agree an acceptable substitute Period (ie. alternative hire dates) with you within 30 days of such notification, we will return the Deposit, Damage Deposit and all other sums paid by you to Us LESS a fee of £2,500 (plus VAT) to cover the Pre-Hire Services that we have already provided to you prior to the date of cancellation. Other than the return of such sums, we will (subject to clause 9.2) have no further liability to you and our contract relating to the Services will no longer be binding on Us.
10.5 There may be additional Services listed in the Hire Agreement that require certain weather conditions to complete. We will incur costs and expense in preparing for such additional Services regardless of the weather. If we are required to cancel such additional Services due to the weather or you do not wish to proceed with such additional Services due to such weather, we will (subject to clause 9.4) not be liable to you for any losses, expenses, costs or damages or to repay the Price or any part of it.
11. YOUR CANCELLATION RIGHTS
11.1 Before the Period (ie. your event dates), you have the following rights to cancel your Contract with Us:
(a) You may cancel your Contract with Us for Services at any time before arrival by contacting Us in writing. We will confirm your cancellation in writing to you.
(b) If you cancel your contract under clause 11.1(a) and you have made any payment in advance We will be entitled to retain the Deposit to cover the Pre-Hire Services that we have already provided to you prior to the date of cancellation. We will return the Damage Deposit if you have paid one.
11.2 Where you cancel the Contract, you will also be required to pay a cancellation charge as set out below. Please note that the cancellation charges are a genuine pre-estimate of the loss and expenses incurred by Us as a result of the cancellation and are based upon the total of all pre-booked items times the number of nights these have been booked. The scale of cancellation charges is as follows (determined by reference to how far in advance of the Period the cancellation date occurs). The cancellation date is the date that We receive notification of cancellation in writing:
(a) 53 weeks and more : Deposit;
(b) Between 27 – 52 weeks: 25% of the Price;
(c) Between 17 – 26 weeks: 50% of the Price;
(d) Between 7 – 16 weeks: 75% of the Price;
(e) Between 1 - 6 weeks: 100% of the Price.
11.3 We will at all times endeavour to sell part or all of the original space reserved, however if we are not able to do so, the cancellation charges above will apply. If We are able to obtain another booking for
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the Period (although we have no obligation to seek such a booking) we may be in a position to reduce the cancellation charge and return part of the Price actually paid by you to Us prior to your cancellation. The amount that We will return will be calculated as follows:
(The total sum actually received by the new customer following the subsequent booking + that part of the Price actually paid by you to Us) – (the total price which should have been paid by you to Us if your contract had been performed in full) – (an amount decided by Us to reflect the management time in obtaining the subsequent booking and any costs or agents fees relating to such booking) provided that such sum will not exceed the Price that you actually paid to Us.
11.4 Any sum payable under clause 11.3 will only be payable following the successful conclusion of the subsequent booking.
12. OUR CANCELLATION RIGHTS
12.1 We may cancel the contract at any time without any cost or liability to you with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 8. This does not affect Our right to charge you interest under clause 8.7; or
(b) you break the contract in any other material way and you do not correct or fix the situation (where such breach is capable of remedy) within 7 days of Us asking you to in writing.
We will be entitled to retain the Deposit and any additional part of the Price paid by you to Us (or due to Us on the date of such cancellation) to cover the losses, costs and expenses in providing the Pre-Hire Services and preparing to provide the other Services as well as the loss of bookings. We will return the Damage Deposit if you have paid one.
13. INDEMNITY
13.1 If you breach any of these Terms you will be liable to Us for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with such breach.
13.2 If you breach any of the provisions of clause 5.10, you may also be liable to the owner of the Property for all liabilities, costs, expenses, damages and losses caused by you, your guests and your chosen suppliers (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Owner arising out of or in connection with such breach.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company registered in England and Wales. Our company registration number is CRN 07065391 and our registered office is at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ. Our registered VAT number is 992163792
14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01642702070 or by e-mailing Us at tracey.george@firstsightestates.com
14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Us at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ or tracey.george@firstsightestates.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Hire Agreement.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will process your personal information in accordance with our privacy policy (a copy of which is available on our website).
15.2 We will use the personal information you provide to Us to:
(a) provide the Services;
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(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
15.3 You agree that We may pass your personal information to our insurers and that they may keep a record of any search that they do.
15.4 We will not give your personal data to any other third party.
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights under the Contract to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under the Contract.
16.2 Your Contract with Us for the provision of the Services is personal to you and you cannot transfer or assign your rights under the Contract.
16.3 The Contract is between you and Us. No other person shall have any rights to enforce any of its terms with the exception of the owner of the time being of the Property who may enforce the terms contained in clause 5.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.