Terms and conditions
- This Contract is made up of the following:
(a) The Contract Details
(b) The Conditions
(c) The Standard Terms
- If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
This Contract has been entered into on the date stated at the beginning of it.
CONDITIONS
- Interpretation
Definitions:
Business Day: a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
Contract: the contract between the Owner and the Hirer for the hire of the Room and Equipment in accordance with the Contract Details, these Conditions, and the Standard Terms.
Booking fee: £100
Force Majeure Event: events, circumstances, or causes beyond a party's reasonable control.
Hire: means the hire of the Room and Equipment for the Hire Period as set out in the Contract Details.
Price: the total price for the Hire as set out in the Contract Details less any booking fee paid; and
Standard Terms: means the standard terms and conditions of hire for the Lysaght Institute attached as the Schedule.
- Interpretation:
a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
a reference to writing or written includes emails.
- Commencement and term
This Contract shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with its terms, until the end of the Hire Period, when it shall terminate automatically without notice.
- Hire
In consideration of the Hirer undertaking to pay the Price, the owner agrees to permit the Hirer to undertake the Hire on the terms of this Contract.
The Price is based on Guest Numbers. Any increase in the Guest Number must be confirmed in writing to the Owner and may result in an increase in the Price. Subject always to the Owner's right to refuse (in its absolute discretion) any such increase.
- Catering
All catering to the rooms is to be provided by Lysaght Institute. The Hirer (including the Hirer’s guests and invitees) must not bring any food or drink into the Venue without the prior written consent of the Owner.
Catering with Lysaght Institute must be booked with the Owner on the Commencement Date with final numbers confirmed in writing to the Owner a minimum of [30] days before the event.
Catering by Lysaght Institute preferred contractor will be subject to a minimum value as set out in the Owner's [brochures], copies of which are available upon request.
Lysaght Institute cannot be held responsible for any stock or price change enforced by the catering contractor and notice to the customer will be given no later than 30 days prior to the event.
- Price and payment
The Hirer shall pay the Price and the Booking Fee in accordance with this clause 3.
The Hirer shall pay the Owner the Booking fee, which is non-refundable, on the Commencement Date in cash, by debit or credit card or via BACS transfer (details above).
If the Commencement Date is six months or more prior to the Hire Period, 75% of the Price is payable on the Commencement Date.
Subject to clause, 4.6, if the Commencement Date is less than 12 months prior to the Hire Period, pay 25% of the Price is payable three months after the Commencement Date.
The balance of the Price is payable in full one month prior to the Hire Period.
If the Commencement Date is one month or less prior to the Hire Period, then the total Price is payable within 14 days of the Commencement Date or on the date of the Hire (whichever is sooner).
The Owner may invoice the Hirer for the Price or any part of the Price plus VAT at the prevailing rate (if applicable) on or after the day it becomes due in accordance with this clause 5 or clause 7
If the Hirer fails to make any payment due to the Owner under the Contract by the due date for payment, then, without limiting the Owner's remedies under clause 6:
the Hirer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank Plc's base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. The Hirer shall pay the interest together with the overdue amount.
the Owner may [cancel or suspend the Hire] until payment has been made in full.
- The Hirer shall pay all amounts due under the Contract in full without set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Owner may at any time, without limiting any of its other rights or remedies, set off any amount owing to it against any amount payable by the Owner to the Hirer.
- Termination
Without limiting its other rights or remedies, either party may terminate this Contract with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 21 days of that party being notified in writing to do so.
the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without limiting its other rights or remedies, the Owner may terminate the Contract with immediate effect by giving written notice to the Hirer if the Hirer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than [14] days after being notified in writing to make such payment.
Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Consequences of termination
In the event the Hirer cancels the Hire in accordance with condition 2.4 of the Standard Terms the following charges will be payable by the Hirer on demand:
If the Hirer cancels three months or less prior to the date of the Hire – the total Price is payable plus any expenses/costs already incurred by the Owner in connection with the Hire; or
If the Hirer cancels more than three months prior to the date of the Hire – 75% of the total Price is payable plus any expenses/costs already incurred by the Owner in connection with the Hire.
If the Hirer does not cancel the Hire but fails to attend on the day of the Hire, the total Price is payable plus any expenses/costs already incurred by the Owner in connection with the Hire.
For the avoidance of doubt, the Booking Fee paid on the Commencement Date will not be refunded in the event of any cancellation by the Hirer.
- General
Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this Contract by giving 5 Business Days' written notice to the affected party.
Assignment and other dealings.
The Hirer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all its rights or obligations under the Contract without the prior written consent of the Owner.
The Owner may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all its rights under this Contract.
Entire agreement.
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Governing law. This Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
This Contract is made on the date set out in the Contract Details
Standard terms and conditions of hire for the Lysaght Institute
We are Linc-Cymru Housing Association of 387 Newport Road, Cardiff CF24 1GG, the owner of the Lysaght Institute (Linc-Cymru). Please read these terms and conditions carefully. They set out the terms and conditions that apply when you (the Hirer) hire the Lysaght Institute from us (the Hire). If you are unsure about the meaning of any of the conditions, please contact the Lysaght Institute or Linc-Cymru for clarification.
- Charges
The Hirer will pay the Hire charge as set out on the booking form or as agreed in writing by the parties.
For hourly rate usage, the full hour will be charged for any part thereof.
The Hire charge shall only include any table linen when catering is ordered and provided for the number of guests ordered. The hire charge does not include chair covers unless stated by management. Linc-Cymru will provide a reasonable number of tables and chairs if required for the Hire (subject to availability).
- Cancellation or Suspension
Linc-Cymru may at any time cancel the Hire by giving written notice to the Hirer. In the event of Linc-Cymru making a cancellation, Linc-Cymru will give the Hirer maximum practicable notice. The Hirer shall be entitled to a full refund of any Hire costs paid in advance.
- Linc-Cymru may at any time cancel or suspend a Hire due to:
- disruption to the supply of electricity, gas, or water.
- leakage of water.
- breakdown of machinery.
- fire.
- act of God.
- unavailability of the premises caused by a previous hirer.
- Or any other event outside Linc-Cymru's reasonable control (Force Majeure Event).
and Linc-Cymru shall not be liable to the Hirer or any third parties for any loss which they sustain in the event of such cancellation or suspension.
Linc-Cymru may at any time, whether in advance or during the hire period in its sole discretion cancel the hire and/or otherwise terminate this Contract if:
- Linc-Cymru reasonably considers that the Hirer's use of the Lysaght Institute may incite or is inciting public disorder or racial prejudice, is obscene or otherwise permits to these situations and/or is in bad taste.
- an order proceedings or warning is issued by the licensing or local authority and/or is or may be prejudicial to the liquor and/or public entertainment licenses and/or other consents and authorities necessary for the conduct of the Lysaght Institute and/or the good name and reputation of Linc-Cymru or Lysaght Institute;
- Linc-Cymru reasonably believes the Hirer or the conduct of the Hirer is in breach of the Hirer's obligations under this Contract, and the Hirer shall remain liable for payment of all sums incurred as if the Hire had proceeded or would proceed.
The Hirer shall have the right to cancel the Hire by written notice to Linc-Cymru for whatever reason, and the cancellation fees shown in condition 3 below shall apply.
Linc-Cymru reserves the right to alter the room of Hire by giving not less than 7 days' written notice to the Hirer. [In which case the Hirer shall have the right to cancel the booking and not incur any cancellation fees].
Linc Cymru will offer a refund on an event where Linc has had to cancel a booking.
- Cancellation fees payable to Linc-Cymru
- In the event the you cancel your Hire in accordance with condition 2.4 the following charges will be payable by you on demand.
Notice of written cancellation is given over twelve months before the scheduled date of the Event – Any expenses/costs already incurred by Linc.
Notice of written cancellation is given between nine and twelve months before the scheduled date of the Event – twenty-five per cent (25%) of the contract value.
Notice of written cancellation is given between six and nine months before the scheduled date of the Event – fifty per cent (50%) of the contract value.
Notice of written cancellation is given between three and six months before the scheduled date of the Event – seventy-five per cent (75%) of the contract value.
Notice of written cancellation is given less than three months before the scheduled date of the Event – one hundred per cent (100%) of the contract value.
In the event you do not cancel the Hire but fail to attend on the day the following charges will be payable by you on demand:
100% of the total cost of the Hire (including equipment hire and catering charges); and
any expenses/costs already incurred by the Owner in connection with the Hire.
3.3. A booking fee of £100 is required to secure a date. This booking fee is non transferrable and non-refundable.
3.4 Notice of any reduction must be made in writing by the Customer and no action will be taken by the Lysaght event team, until such notice is received.
- Catering
All catering to the rooms is provided by Lysaght Institute approved caterers or its nominated contractor unless otherwise agreed in writing with Linc-Cymru. The Hirer (including the Hirer’s guests and invitees) must not bring any food or drink into the Lysaght Institute without the prior written consent of Linc-Cymru.
Catering with Lysaght Institute approved caterers must be booked 14 days in advance of the Hire with final numbers confirmed a minimum of 2 days before the date of the Hire. We cannot guarantee the availability of the catering if the required notice is not given.
In the event Linc-Cymru grants permission for the Hirer to use a caterer other than Lysaght Institute approved catering teams this will be subject to the third party caterer having appropriate public liability insurance, business insurance and 5 star hygiene rating (a copy of which to be provided to Linc-Cymru on request).
In the event Linc-Cymru grants permission for the Hirer to bring their own food and drink to the premises, the Hirer may be required to sign a written acknowledgement that Linc-Cymru shall not be responsible for the same.
The Hirer’s contact details may at times be provided to Lysaght Institute suppliers, to confirm all catering / bar requirements. If you do not wish to have your contact details provided to Lysaght preferred suppliers, please notify us at the time of the booking.
All special dietary requirements should be notified to The Lysaght Institute at least seven days prior to the Event. No charge in addition to the cost of the original meal’s selection will be incurred for these meals provided they do not exceed the cost of the meals originally selected. When notification is given less than seven days but at least one day prior to the Event, an additional charge equal to sixty per cent (60%) of the menu price of the original selection (whichever is the higher) will be applied.
In the event that there is any reduction in the contract numbers and/or value from those set out in the original contract by reason of any reduction in the number of guests or the value of pre-booked food and beverage or entertainment and event styling, less than 90 days’ notice of such reduction is given by the Customer the full contract value is chargeable.
A supplement of £100 is charged for cutting and serving a cake with crockery.
- Liability
The Hirer is responsible for providing (and ensuring any of their agents or contractors have in place) adequate insurance and liability cover for their event, including Public Liability insurance where appropriate.
Linc-Cymru does not accept any liability for the death of, or personal injury to, any person attending the Lysaght Institute for the function the subject of the hiring or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by their contract of Hire unless such death or injury shall be due to negligence of Linc-Cymru. Linc- Cymru does not accept any liability for claims of any loss or damage suffered by the Hirer (including the Hirer’s guests and invitees) of their personal belongings or equipment. Linc-Cymru accepts no liability for any loss or damage to vehicles and / or their contents whilst parked at the Lysaght Institute site unless such damage or loss shall have been caused by the negligence of Linc-Cymru. Linc-Cymru will not be liable for any loss due to any Force Majeure Event which may cause the Lysaght Institute to be temporarily closed or the hiring to be interrupted or cancelled.
Linc-Cymru gives no warranty that the Lysaght Institute is legally or physically fit for any specific purpose.
The Hirer shall indemnify Linc-Cymru against all such liability as may be referred to in this condition.
Following the completion of the Event the Customer shall be responsible for the collection and removal of all its good. If such goods are not collected and removed within 7 days (or as otherwise agreed) from completion of the Event, the event team shall be entitled to despatch the items to the Customer to the Customer's address set out in the contract. This will be at the Customer's cost and expense and if the Customer fails to take delivery of the item’s the Institute shall be entitled to dispose of such goods without liability to the Customer. In the event Lysaght Institute incurs costs because of the failure of the Customer to remove, collect or take delivery of such goods the Customer shall immediately on demand reimburse Lysaght Institute in full in respect of those costs.
If Lysaght has not agreed to provide storage facilities for the Customer's property (or property of the Customer's agents or contractors), any such property left at Lysaght Institute shall be left entirely at the Customer's own risk and Lysaght Institute shall have no liability to the Customer for any loss of or damage to such property.
If Lysaght Institute has not agreed to provide storage facilities for items required by the Customer or Customer’s contractors, then any such items including bags, sound systems and props must be stored within the main conference room or off site on transport. Under no circumstances may such items be stored in the fire corridors.
Lysaght Institute shall have no liability to the Customer for any loss or damage to gifts or cards left at the venue. It is advised that all items are taken by the organisers on the day.
Lysaght Institute reserves the right to put high value items in the safe to ensure security of such item.
Staff will remove all alcohol gifts and store in the event office for collection at the end of the evening or by the organiser.
Corkage is permitted for welcome drinks and wine during the meal and is charged at £8 per bottle of wine. Spirit corkage is not allowed.
Any alcohol bought onsite or consumed without permission on Lysaght premises will be removed. If guests do not adhere to the rules they will be asked to leave, and the organiser could pay a fine of £500 for alcohol found to be consumed without permission.
All children 16 years and under must be accompanied by an adult on the balconies.
All children must be supervised at all time.
Music must be played at a volume that is agreed by Lysaght management. In the event entertainment do not comply to the rules, management can terminate the music.
Food bought into the premises that is not supplied by Lysaght preferred caterers is not permitted. Wedding and celebration cakes are allowed, and a waiver will be signed to agree to serve the cake.
When a late licence for sale of alcohol is requested it is at the discretion of the licensing authority whether the request is granted. Lysaght has no influence over this decision. Should a late licence be declined this will not affect the existing booking.
The order of alcohol-free drinks remains the responsibility of the hirer. If guests request an alcohol-free drink that has not been pre-ordered the cost shall be added to a bill payable by The Hirer within 7 days of the event ending.
If any equipment is found to be unsafe (as deemed by the Lysaght Institute Duty Manager) or found to not be portable appliance tested Lysaght Institute reserve the right to require 3rd parties to remove or replace items at no cost or penalty to Lysaght.
- Supervision and Behaviour of guests
The Hirer undertakes responsibility for control of their guests or invitees, and for all activities undertaken by them. The Hirer must be present at the Lysaght Institute for the duration of the Hire. The Hirer will have consideration for other occupiers of the Lysaght Institute and the residents of the surrounding areas, and all activities must be conducted in such a way as to not constitute a nuisance. If the premises are used for any other purpose than those stated in the confirmation of booking, or if any function becomes disorderly, or any disturbance, nuisance, indecent or unlawful or undesirable activity is allowed to occur, Linc-Cymru, by its duly authorised officer may at its absolute discretion, immediately terminate the Hire, whilst reserving all its rights and remedies that it may have against the Hirer. All persons attending the function will be required to immediately leave the Lysaght Institute. In the event of such termination, all fees and charges will be payable to Linc-Cymru as if the Hire had not been terminated.
Firearms and other weapons, authentic, replica or imitation are not permitted.
If guests are seen to be throwing items from the balcony, the balcony access will be closed, and the guest will be asked to leave.
The balcony will remain closed in strong winds, snow, and ice and during heavy rainfall.
The use or supply of illegal substances or legal highs Is not permitted, and management reserve the right to eject guests who are not adhering to rules. Continuous abuse of rules will result in termination of the event.
Antisocial behaviour is not allowed and reasonable instruction and to comply with rules must be met.
Lysaght Institute have CCTV in operation for safety and security purposes.
- Rights of Access / Vacation of Premises
The Hirer must report to the Linc-Cymru representative at the Lysaght Institute upon arrival and upon vacation of the Lysaght Institute. The Hirer is to ensure that the room is vacated in a clean and tidy condition and all rubbish is to be securely placed in the disposal facilities available at Lysaght Institute or taken away for alternative legal disposal. Linc-Cymru reserves the right to make an additional charge if the hired room is not left in a satisfactory condition. This charge will be based on the number of additional staff hours necessary to reinstate the condition of the room.
The times stated on the [booking receipt form / acknowledgement] are those during which the room(s) will be available to the Hirer and must be adhered to. The Hirer undertakes to cease all activities and ensure that the Lysaght Institute site is cleared by the end of the booked time slot(s) or where agreed in writing at time of booking. The Hirer will be responsible for all guests to the event and have consideration for other users of the Lysaght Institute, our neighbours, and the facility staff. They must ensure that the activities do not constitute a nuisance.
Linc-Cymru may provide a storeroom for any items the Hirer may wish to leave at the Lysaght Institute after the Hire period. However, this will be subject to availability and any items will be left at the Hirer's own risk. Larger Storage will be chargeable
For an additional charge, Linc-Cymru may (subject to the availability of the room(s) allow the Hirer access to decorate the room(s) prior to the Hire period. Such access shall be for a maximum period of 3 hours and the Hirer will be required to vacate the room(s) as stated in the contract. The Hirer should request such access as soon as practicable Linc-Cymru will confirm in writing any additional charges payable by the Hirer. The Hirer shall not decorate the room(s) with homemade light curtains or candles (only LED candles are permitted at the Lysaght Institute site).
The Hirer is permitted to connect to any speaker system in the room hired during the Hire period.
All Electrical equipment is required to be Portable Appliance Tested and electrical items supplied by a contractor must have proof of Public Liabilities Insurance.
- Smoking Policy
Smoking is not permitted within any of the buildings on the Lysaght Institute site at any time. Smoking will only be permitted in the designated smoking area. The Hirer must (and procure that its guests or invitees) adhere to our smoking policy (a copy of which is available upon request). Anyone not adhering to this policy will be asked to leave the Lysaght Institute site.
- Health and Safety
The maximum number of people to be accommodated in each room is laid down by Linc-Cymru and the Fire Service and must not be exceeded. The maximum numbers are as follows: Lysaght Suite 60 persons; Tata Orb Suite 40 persons; Ballroom 180 persons.
During the period of the Hire, the Hirer must keep a note of the number of persons admitted and show the same to Linc Cymru on request.
The Hirer shall forthwith notify the management of the Lysaght Institute of any accident occurring whereby any person suffers any injury whatsoever or in the event of any notifiable dangerous occurrence.
Lysaght Institute reserves the right to close the balcony during bad weather conditions
Door Supervisors will be present when Licensable activities are taking place at Lysaght Institute.
- Obligations of the Hirer
The Hirer will prevent nuisance, disturbance and / or undesirable activities; not install any electrical equipment without the express permission of Linc-Cymru; not bring or allow any noxious, inflammable, dangerous or illegal substances onto the premises; will take all reasonable precautions for the safety of their guests and / or invitees; will not erect any notices, signs, banners, posters or flags etc. on the premises (whether on the internal or external areas) without the express permission of the Linc- Cymru’s Lysaght Institute.
Hirers wishing to advertise events must seek the express written permission of the local highways authority before erecting any signs or posters, and secure appropriate Liability Insurance. A copy of the Insurance Certificate and Highways Permission must be lodged at the Lysaght Institute as soon as reasonably practicable after such permission is given. The Hirer must ensure that any advertising or promotional materials erected do not infringe or violate any copyright, trademark or other proprietary right of any other person or render Linc-Cymru liable to any proceedings whatsoever.
The Hirer and any of the Hirer's guests may only access the room Hired and any communal designated areas of the Lysaght Institute and at the specified times.
The Hirer will not cause or permit any corridor or other access route to become blocked.
The Hirer shall not and shall ensure that their guests or invitees do not use the balcony at the Lysaght Institute without prior written consent of Linc-Cymru. In the event Linc-Cymru consents to the Hirer and their guests accessing the balcony, this is subject to all guests being responsible for any glassware taken onto the balcony, not jumping or climbing on the balcony and ensuring that any children are accompanied by an adult on the balcony at all times. Linc-Cymru reserves the right to prohibit any access to the balcony in the event of adverse weather conditions.
The Hirer and any of the Hirer's guests or invitees shall not bring coloured confetti and silk petals to the Lysaght Institute site, only natural or biodegradable confetti is permitted.
The Hirer and any of the Hirer's guests or invitees shall not access the kitchen or any other private area at the Lysaght Institute.
The Hirer and any of the Hirer's guests or invitees may, during the period of Hire, use the designated car parking spaces at the Lysaght Institute site. However, the Hirer and the Hirer's guests or invitees shall not use the designated loading bays for parking.
In the event of a Force Majeure Event, the Hirer and the Hirer's guests or invitees may be directed to leave the building by the duty member of staff and will comply with instructions in the interests of public safety. Linc-Cymru will not be responsible for any loss or claims for compensation following the curtailment of any event in such circumstances.
The Hirer shall not cause or permit any filming for commercial purposes without the express permission of Linc-Cymru.
The Hirer shall not do anything which may invalidate any insurance maintained by Linc-Cymru in respect of the Lysaght Institute or which may increase the insurance premium payable by Linc-Cymru.
The Hirer shall obtain all relevant approvals, consents and licenses required in connection with its use of the Lysaght Institute during the hire period other than those specified in condition.
All vehicles left at Lysaght Institute are left at the owners’ risk and all vehicles must be collected within 24 hours.
- Compliance
Failure to comply with these terms and conditions will result in no further bookings being accepted from the Hirer and / or any associates and the forfeiture of all charges paid to Linc-Cymru.
- Age restrictions and security.
The Hirer must be a minimum of 18 years of age for private events and activities; the age restriction for community events will be at the discretion of Lysaght Institute manager. A responsible adult MUST supervise all persons under the age of 18 that are on the Lysaght Institute premises at all time.
Security at the Lysaght Institute shall be arranged by Linc-Cymru and Linc-Cymru reserves the right to remove the Hirer or any of the Hirer's guests or invitees from the Lysaght Institute site in the event of intoxication or any other reason Linc-Cymru reasonably considers necessary.
- Personal liability and damage to the premises
The Hirer will take good care of the Lysaght Institute premises and not cause any damage to be done to the fabric of the building, the fixtures and fittings, equipment (fixed or portable), and all internal and external areas of the Lysaght Institute.
The Hirer accepts full responsibility for any damage howsoever caused by the Hirer (including the Hirer’s guests and invitees) to the fabric of the building, the fixtures and fittings, equipment (fixed or portable), and all internal and external areas of the Lysaght Institute, whether deliberate or accidental. The Hirer furthermore agrees to pay all reasonable costs to Linc-Cymru for the repair or replacement of said items, including any labour costs. Linc-Cymru reserve the right to request a bond of £500 for events or functions, which will be refundable after a satisfactory premise inspection after the Hire.
- General
The use of smoke machines or similar by Disco’s etc. are prohibited, as they will activate the building’s Fire Detection System. False or malicious activations of the Centre’s Alarm Systems by the Hirer is liable to any charges imposed by Gwent Police, South Wales Fire & Rescue Service, or other statutory authority. The Hirer must comply with all conditions and stipulations of Newport City Council’s Public Entertainment Licence (a copy of which may be obtained from Linc-Cymru upon written request). The Hirer must comply with all conditions and regulations made in respect of the Lysaght Institute by the Fire Authority and any alcohol licence for the Lysaght Institute (a copy of which may be obtained from Linc-Cymru upon written request).
None of the terms in this Contract shall be enforceable by third parties pursuant to the Contracts (Rights of Third Parties) Act 1999.
The benefit of this Contract is personal to the Hirer and shall not be transferable.
Linc-Cymru will not tolerate any abusive, threatening, insulting behaviour or foul language towards staff members. They oversee the building and have delegated authority of the Lysaght Institute manager in their absence. Linc-Cymru will not hesitate to take legal action against any member of the public who intimidates, threatens, or assaults a Linc-Cymru employee, or the employee of any business based at the Lysaght Institute, in the course of their duties.
Any notice sent under these terms and conditions may be sent by first class post, by hand or by e- mail and shall be deemed to have been received 48 hours after posting if by post, on delivery if by hand, and at the time of transmission if by email. Notices sent to Linc-Cymru shall be addressed to Lysaght Institute at Orb Drive, Newport, Gwent, NP19 0RA or info@lysaght-institute.com
- Complaints
If there are any issues which arise at an event or activity, please notify the Staff Office on the day of the Hire. However, if you are not satisfied, or if any issues arise after the event, your complaint must be made in writing to the Lysaght Institute venue Manager within 10 days of the Hire.
- Governing law and jurisdiction
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract.
Coronavirus pandemic terms, cancellations and conditions
All details are subject to change as conditions are affected by Government Guidance.
Terms
- Lysaght Institute risk assessment must be adhered to by every guest, customer, contractor and supplier.
- A copy of the venue risk assessment is required, please request this and one of the Event team will be in touch.
- Bookings will be taken over the telephone and all confirmation, contracts, quotes, and general correspondence will be sent electronically
- The website has a clear update on room capacities with social distancing measures that must be adhered to.
- Face to face viewings are restricted and only carried out when necessary
- When conducting viewings, staff will wear the visor provided and gloves to open doors.
- Masks will be required to be worn by the client
- Sanitiser points should be used by staff and clients as they tour the venue
- If hospitality is offered it must follow the catering control guidance identified in the Venues risk assessment
- Only two members of the same household are permitted to attend any viewing with no children in attendance.
- In the first instance a virtual tour will be offered and recommended
- Meetings will be held via a digital platform e.g. MS Teams or Zoom
- We have an online booking service for clients to be able to book their own viewing with a member of staff.
- Card payments and bank transfers only.
Conditions
- On booking all event organisers will be made aware of the venues requirement to collect certain information from all their attendees should track and trace need to be contacted.
- Clients should sign an agreement to venue policies on health and welfare of delegates which includes temp checks and health screening to enable infection tracing, clients must agree to send delegate list containing names and addresses of each person. They should confirm where delegates are arriving from if not from home prior to arrival including any details on quarantine time if applicable. details will be kept for one-month month. ICO guidance indicates that the lawful basis for collecting this data is in public interest.
- Those guests that arrive with children are responsible for supervising their children and maintaining social distancing
- A health screening questionnaire will be given to every event host, this will be MANDATORY for the event host to go through at the very beginning of their event prior to it getting underway properly.
- All equipment that is being delivered to the venue in readiness for the event is required to be itemised and sent prior to arrival.
- No equipment or guest items can be stored. All deliveries must be made on the day of the event.
- All delegates are required to arrive on time. The event team will stagger arrival times if multiple events are taking place on the date of arrival.
- Refreshment breaks are to be taken in the room.
- All guests to remain in the allocated room that has been hired for the date and time on the contract.
- Break out times will be allocated by the Event team and must be adhered to. If you are delayed and the intermission doesn’t take place at the allocated time then a member of staff will need to allocate a time if multiple events are taking place on the day.
- No catering other
- If a delegate or an event host makes you aware that either themselves or an attendee are displaying symptoms liaise with the organiser to close the event.
- If delegate or organisers report symptoms after the event use the delegate information to contact other delegates.
- Contact staff that served that room and they must self-isolate for 14 days from date of contact
- Any area, including the meeting room that the delegate has been in or travelled through will be secured for 72 hours
- Enhanced cleaning procedures will be followed in all areas that the delegate has been e.g. common areas, washrooms etc
- Event organiser or staff must make delegate reporting aware of the need to contact track and trace themselves
- Any delegate refusing to answer question may be asked to leave. Event organiser and staff will support one another with this.
- If a delegate becomes unwell an on-site isolation area is provided
- A manager should support distancing rules and the wearing of masks and gloves
- Arrange help and assistance from local health providers for help and advice
- Call 999 if anyone begins to experience breathing difficulties
- Dispose of PPE, disposable cloths, mop heads along with any other waste from the room by double bagging and storing securely for 72 hours before disposing of as general waste.
Cancellations
- If regional lockdown is introduced and the venue is closed, rebooking dates will be offered to all clients at seasonal rates, subject to availability
- If national lockdown is introduced and the venue is closed, all events will be postponed and rebooking dates will be offered to all clients at seasonal rates, subject to availability.
- If venues are open in unaffected locations, where possible, we will refer the client to a different venue
- If neither of these options are suitable then the booking will be cancelled without charge or penalty and booking fee will be refunded
- Regional lockdown with venue open. We will charge reasonable cancellations fees in line with T&C’s.
- We will offer 1 free of charge move within one 12-month period of original booking. Subject to availability
- Any booking fee paid will be held.
- If client fails to meet contractual delegate numbers due to infection or travel restrictions, we will be flexible and allow a reduction of up to 50% if notified in writing no later than 15 days before the commencement date
- If the Venue is open and the client chooses to cancel event, 100% cancellation charge including catering will be applied.
- We will offer a discretionary rebooking discount as a goodwill gesture.
- In the event outdoor space is booked, and cancellation is required due to bad weather. A change of date will be offered as an alternative rather than a refund. All Catering costs will be required to be paid in full.