Terms & Conditions
1. INTRODUCTION
1.1 Please read these terms and conditions carefully as they are important. These terms govern the holding of all Events at the NMC Venue.
1.2 All written communications by you to us must be sent by post to NMC Venue 47 Birmingham Road, West Bromwich, West Midlands, B70 6PY or by e-mail to info@nmcvenue.com (or to such other email address that we may notify to you). We may send written communications to you at either the e-mail or postal address you give us.
2. DEFINITIONS
2.1 In these terms and conditions the following phrases shall have the following meanings:
CBM: means the Confederation of British Metalforming, a private limited company by guarantee without share capital with use of 'Limited' exemption; incorporated on 9 July 1998 with company number 03597887 and whose registered office address is National Metalforming Centre, 47 Birmingham Road, West Bromwich, West Midlands, B70 6PY.
Delegate Rate: the amount payable per delegate (with the per delegate Catering Charge to be added in addition where catering has been contracted for) in respect of the Event as set out in our provisional booking form (or such revised amount as we may subsequently agree in writing).
Catering Charge: that part of the Event Charge attributable to the catering element as determined by us.
Contract: the legally binding contract between you and us which comes into force in accordance with clauses 5.3 and 5.4 of these terms.
Event: means the event (such as a conference or meeting) for which you want to hire the Event Venue.
Event Charge: means the total charge for the Event Package as set out in the provisional booking form (or as otherwise subsequently agreed by us in writing).
Event Package: means the whole package that we agree to provide to you concerning the Event comprising the Event Venue and as applicable any catering, equipment and other services.
Event Venue: means the meeting room(s), conference suite(s) and/or other areas of the NMC Venue where it has been agreed that the Event will be held.
NMC Venue: means the National Metalforming Centre, 47 Birmingham Road, West Bromwich, West Midlands, B70 6PY.
Working Days: a day (other than a Saturday, Sunday or public holiday in England) when banks in Birmingham are open for business.
3. CONTRACTING PARTIES
3.1 The Contract will be between (1) NMC Venue being a trading division of CBM and (2) you the client; being the organisation or individual constituting the client for the purposes of the Contract and named by us on the provisional booking form accordingly.
3.2 If more than one person enters into the Contract with us as the client, then those persons shall be jointly and severally liable to us in the respect of the Contract.
4. PERMITTED EVENTS
4.1 The purpose / nature of the Event must be fully disclosed to us from the outset. We may in our absolute discretion and without giving any reason refuse to book an Event of which we do not approve, save where it would be unlawful to do so.
5. HOW WE CONTRACT WITH YOU
5.1 We may agree to you making a provisional booking with us, but please note that a provisional booking is not legally binding on either you or us unless and until a contract is entered into in accordance with the provisions of clauses 5.3 and 5.4 of these terms.
5.2 Please note that it is your responsibility to double check the provisional booking form that we send you carefully to make sure it is correct; for example to double check that the year, date and time of the Event, delegate numbers and the details of the Event Package are all correct. If you have any queries or issues please contact us promptly.
5.3 If after receiving the provisional booking form that we send to you detailing the Event, the Event Package and our
charges, you wish to proceed to the next stage of booking, then you should sign and return the provisional
booking form to us as soon as possible.
5.4 A legally binding contract (the Contract) shall only come into force between us at the time that we (at our discretion) formally accept your signed (and unaltered) provisional booking form by our sending to you an event confirmation form, showing the confirmed booking status, for your records.
5.5 We may send the event confirmation form by post or by email. At this time we will also change the status of the booking on our system from a provisional booking to a confirmed booking.
5.6 For the avoidance of doubt a provisional booking form signed and returned by you to us pursuant to clause 5.3 shall not be binding on us (and no contract shall come into force) unless and until the time that we accept your provisional booking by sending you the event confirmation form.
5.7 These terms and conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate (including any conditions or terms of purchase of goods and/or services), or which are implied by trade, custom, practice or course of dealing.
6. EQUIPMENT THAT WE HIRE ON YOUR BEHALF
6.1 Any equipment over and above that permanently held on site at the NMC Venue and which we agree to hire from a third party supplier in relation to the Event, must be specified on the provisional booking form and you will incur an additional charge for any additional equipment that we hire on your behalf.
7. EQUIPMENT THAT YOU INTEND TO BRING ON SITE
7.1 You may only bring any additional equipment, articles or substances into the NMC Venue with our prior written agreement and such equipment, articles or substances must be specified to us in writing.
7.2 Any such equipment, articles or substances must comply with all applicable law and regulations (including as to health & safety) and we do not accept any liability for any loss or damage arising out of your bringing any additional equipment, articles or substances onto our premises and the use of the same.
8. COAT RAIL(S) AND PERSONAL PROPERTY
8.1 All coats and all other personal property that are left on coat rail(s) or otherwise brought into the Event Venue (or the NMC Venue more generally) and left unattended are entirely at the owner’s risk and we do not accept liability for any loss or damage to the same.
8.2 It is your responsibility to advise delegates to keep all personal property with them at all times and not to leave it unattended. You shall indemnify us against all claims, liability, demands, proceedings, costs and expenses arising in respect of loss of or damage to such personal property.
9. ACCOMODATION
9.1 We do not offer overnight accommodation. However preferential accommodation rates are offered at a local hotel, subject to their availability. If you would like the contact details of the hotel so that you book and contract with them directly then please let us know.
10. PROMOTING THE EVENT
10.1 You must not, unless authorised by us claim that any Event is endorsed or in any way approved by us.
10.2 You must not use the NMC Venue name or logos (or those of CBM) in any promotional material relating to the Event without our prior written permission (which may be conditional upon us approving the material in question before you use it).
11. AFFIXING OF SIGNAGE
11.1 You shall not (and you shall ensure that any delegate does not) erect any exhibitions, stands, displays, free-standing advertising material or signs or other items in the Event Venue (or in the NMC Venue more generally) without our prior written agreement and an additional charge may be levied for this.
11.2 You must not (and you shall ensure that any delegate does not) stick, hang or otherwise attach any items (including papers, display posters and pictures) to the wall, windows ceiling or doors of the Event venue without our prior consent.
11.3 You shall be responsible for and indemnify us against any loss or damage caused to the Event Venue or our premises arising from any breach of clause 11.1 and/or 11.2.
12. PERFORMING RIGHTS
12.1 It shall be your responsibility for paying all fees due to the Performing Rights Society Limited and/or to any other applicable collecting society in relation to the Event.
13. OUR CHARGES
13.1 By entering into the Contract with us you accept responsibility for paying all charges due to us arising under the Contract.
13.2 Our charges for the Event will be as set out in the provisional booking form or as otherwise subsequently agreed by us in writing.
13.3 Unless stated otherwise, all our charges are exclusive of VAT which (where applicable to you) you must also pay to us at the standard rate applying as at the date of the Event.
14. PAYMENT ON ACCOUNT
14.1 In relation to an Event we reserve the right at any time to require full payment on account. In particular as regards new clients, we require full payment on account for the first three bookings. Where payment is required on account we may invoice you the Event Charges (and any other charges due under the Contract) on or at any time after the date that the Contract comes into force.
14.2 If the total sum required as regards a payment on account has not been paid to us by the date that we specify to you (or if no such date has been specified, full payment on account must be made in cleared funds in any event by no later than 7 days after the date of our invoice), then in either event we may treat the booking as having been cancelled by you and treat any corresponding Contract between as having been terminated by you.
15. INVOICING & INTEREST
15.1 Save where clause 14 applies (payment on account) we shall invoice you the Event Charges (and any other charges due under the Contract) at any time after the date of the Event. We will deduct from our invoice any advance payments that you may have previously paid to us, but subject always to our exercising our right of set off. Any invoice rendered to you under this clause 15.1 must be paid to us in cleared funds within 30 days of the date of invoice.
15.2 If you fail to pay any invoice of ours in full by the due date, then we may charge interest to you on the overdue amount at the rate of 4% a year above the base 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 the overdue amount.
16. OVERSEA CLIENTS
16.1 If you are based outside the United Kingdom, we reserve the right at any time to require either (a) full payment on account or (b) a guarantee of payment from a bank within the UK, by such date as we may notify to you. If you fail to make full payment on account or arrange a bank guarantee on terms satisfactory to us by the date we have notified to you, then we may terminate the Contract pursuant to clause 25.
17. YOUR ADDITIONAL RESPONSIBILITIES
17.1 You have the following additional contractual responsibilities as follows:
17.1.1 to inform us of any special requirements of delegates at the time you make your provisional booking application, or if this is not possible at that time, then as soon as possible thereafter and in event allowing us such time as is necessary for us to take reasonable measures accordingly. The special
requirements of delegates might include, for example a disability which may impede a delegate’s ability to evacuate the venue in an emergency or a delegate’s eating allergies;
17.1.2 you must provide us, by the dates we reasonably request, with any further information that we request regarding the Event (for example, the names of delegates);
17.1.3 you must not, and you must ensure that your delegates do not, cause a nuisance to anyone using or visiting the NMC Venue, which includes going into other areas of our premises (including other rooms or conference suites which we may have hired to others). We reserve the right to require any
person who causes such a nuisance to vacate our premises immediately;
17.1.4 you shall remove or procure the removal from our premises of any person who is attending the Event and who is acting in a manner, which, in our reasonable opinion may be undesirable, inappropriate, harmful, offensive, obscene or illegal or may cause a breach of the peace and you shall procure the cessation of any activity on the premises for which you and/or your delegates are responsible and which, in our reasonable opinion constitutes or may constitute a breach of the peace;
17.1.5 you shall not use or permit or allow the Event Venue (or the NMC Venue more generally) to be used for any illegal or immoral purpose or for betting or gaming or for any activity requiring a licence or the consent of any authority or other third party, without first ensuring that such licence or consent has been obtained; and
17.1.6 you shall not sub-let the Event Venue without our prior written consent.
18. HEALTH AND SAFETY
18.1 You, your staff and all delegates are required to comply with all health and safety regulations and all general instructions issued by the staff of the NMC Venue including as to security. In particular:
18.1.1 fire escape routes throughout the premises must not be obstructed at any time, both inside and out;
18.1.2 the car park entrance must be kept clear at all times, in order to allow access to any emergency vehicle, should the need arise;
18.1.3 It is your responsibility to have list of all attendees available in case of fire; and
18.1.4 in the event of a fire alarm sounding, all persons are to gather at the assembly point, in the top left of the car park, next to the bike stand.
18.2 It is your responsibility to ensure that no person leaves the grounds of the NMC Venue during any evacuation of the building until their name has been checked on the list of attendees, so as to enable you to confirm to NMC Venue staff or emergency service personnel that no-one is trapped inside the building.
19. NO SMOKING
19.1 Smoking is not permitted in the Event Venue or in any other part of the NMC Venue other than in the designated smoking and vaping shelter situated next to the car park. You are responsible for ensuring that all of your staff and all delegates comply with this rule without exception at all times.
20. VACATING THE EVENT VENUE
20.1 You must vacate the Event Venue (and the NMC Venue more generally) at the scheduled end of your Event and you must leave, and ensure that your delegates leave, the Event Venue in a clean, tidy and undamaged condition.
20.2 The scheduled start and end times of the Event are deemed to include any time required as regards the setting up and taking down of any equipment. In the event that you fail to vacate by the required time then you:
20.2.1 shall incur additional charges of £30.00 plus VAT per hour or part thereof, per room / conference suite; and
20.2.2 indemnify us against all loss and damage arising from third party claims as a result of your failing to comply with your obligations in clause 20.1.
21. CANCELLATION OR REDUCTION IN NUMBERS BY YOU
21.1 If you wish to cancel the Event or reduce the number of delegates attending the Event after the Contract has come into force, then you must do so by writing to us stating your intention and the provisions of this clause 21 shall apply.
21.2 Any notice by you to cancel the Event or to reduce the number of delegates will only take effect upon our actually receiving the same.
21.3 If we do not receive written notice from you as regards cancelling the Event or reducing the number of delegates, then for the avoidance of doubt, you must pay us all our charges for the Event Package in full and notwithstanding if some or all of the constituent parts of the Events Package are not used or are used less than we anticipated.
21.4 In circumstances where we do receive a written notice from you as regards cancelling the Event or reducing the number of delegates then whether or not you are liable to pay us a cancellation charge or a delegate reduction charge (as the case may be) and the amount of the same, will depend upon now much notice you have given to us and the Table below sets out the position.
21.6 We will invoice you for the cancellation charges after we know whether or not we have been able to mitigate our losses by re-hiring the Event Venue for some or all of the date(s) and session(s) in question.
21.1 We will invoice you for the delegate reduction charge as part and parcel of the invoicing you for the Event.
22. ADDITIONAL DELEGATES
22.1 If you wish to increase the number of delegates attending the Event after the Contract has come into force then you must request this in writing. Upon receiving your request we will subject to our capacity and the availability of related services and health and safety considerations endeavor to accommodate the increase where it is reasonably practical to do so.
22.2 Where we are able to accommodate an increased number of delegates then we will notify you in writing accordingly. This variation and increase in delegate numbers will form part of the Contract and additional charges will be payable by you accordingly. Unless and until we send you notice that we will accommodate the proposed increase in numbers, then we are not legally bound to do so.
22.3 If in the event that more delegates attend the Event than the contracted number, then we reserve the right not to admit any surplus. To the extent any surplus does attend the Event then you will be charged additionally having regard to the total number of delegates attending (or which we estimate as having attended if the actual figure is not known to us).
23. CATERING
23.1 Unless we agree otherwise in writing, you shall ensure that only food and drinks supplied by us shall be consumed during the Event. Your requirements as regards your catering and the number to be catered for will be recorded on the provisional booking form (or as subsequently agreed by us in writing). It is your responsibility to inform us of any special dietary requirements of delegates including as to any eating allergies.
24. CANCELLATION OF CATERING BY YOU
24.1 If you wish to cancel our catering provision entirely or reduce your catering requirement for one or more delegates after the Contract has come into force (but still wish to continue with the Event without reducing the number of delegates), then you must write to us accordingly and the provisions of this clause 24 shall apply. Any notice by you to reduce the amount of catering must quantify the reduction in “number of heads” terms.
24.2 Please note that if you wish to cancel the whole Event or reduce the number of delegates attending then the provisions of clause 21 shall apply instead of this clause 24.
24.3 Any notice by you to cancel the catering or to reduce your catering requirement must will only take effect upon our actually receiving the same.
24.4 If we do not receive a written notice from you cancelling the catering or reducing your catering requirement then, without prejudice to any other charges arising under the Contract, you must pay us the Catering Charge for the Event in full.
24.5 In circumstances where we do receive a written notice from you cancelling the catering or reducing your requirement then whether or not you are liable to pay us a catering cancellation charge or a catering reduction charge (as applicable) and the amount of the same, will depend upon now much notice you have given to us and the Table below sets out the position.
25. CANCELLATION BY US
25.1 We reserve the right to cancel your booking (and terminate the Contract) with immediate effect by notice in writing to you and without any liability to you if one or more of the following occur:
25.1.1 you do not pay us any requested deposit, advance payment or any other sum due by the time required of you;
25.1.2 we do not receive full payment on account or any requested bank guarantee (as per clause 16) by the time required of you;
25.1.3 we discover that you have concealed information, or given us incorrect or misleading information about the intended Event in circumstances where (if you had not done so) we would not have accepted your booking;
25.1.4 we have reasonable grounds to believe that your behavior and/or that of your delegates is likely to result in damage to our premises or property and/or injury to any person;
25.1.5 you otherwise breach the terms of the Contract; and
25.1.6 we have reasonable grounds to believe that you are in financial difficulties.
25.2 If we cancel your booking under clause 25.1 you must pay us any losses and costs we suffer or incur because of the cancellation whether or not we are able to re-hire the Event Venue for the date(s) / time(s) in question. However, depending on when we cancel and the amount of time remaining before the date upon which the Event would otherwise have occurred, the cancellation charges you must pay will be equivalent to those set out in the Table under clause 21.4.
26. CONSEQUENCES OF TERMINATION
26.1 The expiry or termination (howsoever arising) of the Contract shall be without prejudice to the rights and duties of each party to the Contract that have accrued prior to such expiry or termination.
26.2 Those terms and conditions of the Contract which expressly or impliedly have effect following expiry or termination (howsoever arising) shall continue in full force and effect notwithstanding such expiry or termination.
27. EVENTS OUTSIDE OUR CONTROL
27.1 We shall 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 events outside our reasonable control (such as for example serious damage to the NMC Venue, serious adverse weather conditions, a pandemic or epidemic, or interruption or failure of utility services such as electric power, gas or water). In these circumstances we shall notify you as soon as is reasonably practical in the circumstances.
28. LIMITATION OF OUR LIABILITY TO YOU
28.1 Nothing in these terms limits or exclude our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation; or (c) in respect of any other matter where the resulting liability cannot be limited or excluded by law.
28.2 Subject to clauses 28.1 under no circumstances whatever shall we be liable to you whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for: (a) any loss of profit, loss of goodwill and loss of revenue or business (in all such cases whether direct or indirect loss); and (b) any special, indirect or consequential damage.
28.3 Subject to clauses 28.1 and 28.2 our total liability to you in respect of all other claims for loss or damage arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the total charges payable by you to us in the ordinary course under the Contract.
29. INDEMNITY & INSURANCE
29.1 You shall indemnify us against all claims, costs, expenses, damages and losses (all together the Liability) suffered or incurred by us arising out of or in connection with any one or more of the following:
29.1.1 the death or personal injury of any person; and
29.1.2 any loss of or damage to any equipment, any real property and/or personal property (including the NMC Venue, the personal property of delegates and any equipment that we hire in relation to the Event), arising out of, or otherwise in connection with the holding of the Event (including as a consequence of your bringing and/or using additional equipment, articles or substances pursuant to clause 7), save to the extent that any such Liability arises directly as a result of our own negligence.
29.2 You may wish to take out insurance to cover you in respect of any claims or liability arising from or in respect of the holding of the Event.
30. CHANGES BY US TO THE EVENT PACKAGE
30.1 We will use all reasonable endeavours to ensure that no components of the Event Package have to be altered. However, we reserve the right to make changes to certain components if this is necessary to comply with safety requirements or other changes in law or relevant codes of practice, and/or to make other minor changes which we reasonably believe will not be to the detrimental to the Event and which will not increase the charges payable.
30.2 We will notify you of any significant changes covered by clause 30.1 but unless the change is one which materially and adversely affects the nature of the Event Package we will not offer a refund or any compensation.
31. ANIMALS
31.1 No animals, other than guide dogs, hearing dogs and other assistance dogs are allowed in the Event Venue or in any other part of the NMC Venue without our prior consent.
32. ACCESS
32.1 We reserve the right to access, and you agree to permit our staff, authorised representatives and contractors to access, the Event Venue at all times.
32.2 Nothing in these terms shall operate in any way as a demise of the Event Venue (or of any other part of the NMC Venue premises) and nor shall you have or be entitled to any estate, right or interest in our premises or in any part of our premises other than that of a bare licensee, pursuant to the terms of the Contract.
33. DATA PROTECTION
33.1 Both you and we will comply with all applicable requirements of the Data Protection Legislation. For these purposes Data Protection Legislation shall mean (i) the General Data Protection Regulation (EU) 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and (ii) any successor legislation to the GDPR once GDPR is no longer of direct affect in the UK following Brexit.
34. GENERAL
34.1 You may not transfer any of your rights or obligations under the Contract to another person or organisation without our prior written consent. We can transfer all or any of our rights and obligations under the Contract to another organisation at any time.
34.2 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
34.3 We may at any time set off any sum owed to you against any sum that you owe to us under any agreement or contract. Any exercise by us of our rights under this clause shall not limit or affect any other rights or remedies available to us under the Contract or otherwise.
34.4 The Contract constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
34.5 No person who is not a party to our Contract with you shall have any rights under or in connection with it.
34.6 Except as set out in these terms, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
34.7 These terms shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.
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