MAYFLOWER ENTERPRISES LIMITED

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1 MAYFLOWER ENTERPRISES LIMITED TERMS & CONDITIONS FOR ROOM HIRE, CONFERENCE AND HOSPITALITY PACKAGES, SHOW PACKAGES AND GROUP RESTAURANT BOOKINGS ( Terms and Conditions ) The following Terms and Conditions apply to all contracts entered into by you ( You ) and Mayflower Enterprises Limited, a company incorporated in England with company number and having its registered office at Empire Lane, Southampton, Hampshire SO15 1AP (the Company ) for the purchase of Room Hire, Conference and Hospitality Packages, Show Packages and/or Group Restaurant Bookings (as such terms are defined below). By accepting these Terms and Conditions you confirm that you agree to the terms set out below. These Terms and Conditions will prevail over any terms put forward by You, unless expressly agreed by the Company in writing. 1. Function Room Hire and Conferences 1.1 This clause 1applies to: the hire of a function room at the Mayflower Theatre, Commercial Road, Southampton SO15 1GE by You to host your own event, either with or without the purchase of catering or other associated services, which is charged for on a per room basis ( Room Hire ); and the hire or use of function rooms at the Mayflower Theatre, Commercial Road, Southampton, SO15 1GE by You to host or attend an event either with or without the purchase of catering or other services, which is charged for on a per head, per day basis ( Conference and Hospitality Packages ). (each an Event ) 1.2 Within 7 days of an initial booking request for an Event, You must provide written or electronic confirmation of the booking and written confirmation of your acceptance of these Terms and Conditions. 1.3 Upon receiving such confirmation from You, the Company will issue an invoice for a deposit payment ( Event Deposit ) including a confirmation pack and any additional information relevant to the booking. Unless otherwise stated on the Company s quotation, the Event Deposit will be as follows: for Room Hire it will be the full fee for the hire of the function room (as stated in the Company s quotation), excluding the cost of any catering or other services to be provided in connection with the hire of the function room; and for Conference and Hospitality Packages it will be the full payment of the rate per attendee multiplied by the estimated number of attendees as stated in the Company s quotation. 1.4 The Company will send you an invoice for the Event Deposit and You must pay the Event Deposit within 14 days of the invoice being sent. The Company reserves the right to cancel the booking where the Event Deposit is not received within 14 days from the invoice being sent. 1.5 You must confirm the final number of attendees and a list of the names of all attendees no later than 7 days prior to the date of the Event. Where the final numbers of attendees are not 1

2 provided within 7 days of the Event, the Company reserves the right to make such catering arrangements as it deems necessary. 1.6 If the Company is required to make catering arrangements under clause 1.5 because You have not provided final numbers in time, You shall pay for the cost of the catering arrangements made even if the catering provided is more than is ultimately required. Likewise the Company will not be responsible if it is unable to provide sufficient catering for the Event attendees where it has had to make its own arrangements under clause The Company will issue an invoice for the balance of amounts due after the Event. This will include the following: for Conference and Hospitality Packages, any amounts payable in respect of an increase in the number of attendees above the number taken into account in the Event Deposit (including any increase determined by the Company under clause 1.5); for Room Hire, charges for catering or any other associated services provided in connection with the Room Hire; drinks ordered at the bar by attendees at the Event which were not charged for on the date of the event; and all other unpaid extra items not included in the Event Deposit. The final balance is due to the Company within 30 days after the date of the Event. 1.8 In the case of Conference and Hospitality Packages, if the actual number of attendees is less than the number taken into account in the Event Deposit, the Company shall, credit You with the excess, unless the Company is entitled to make a charge under clause 1.10 below. Such credit shall be used to reduce any balance due under clauses to and any excess refunded within 30 days of the date of the Event. 1.9 All bookings for Conference and Hospitality Packages are subject to a minimum number of attendees (as quoted at the time of booking), and the Company will charge for the minimum number of attendees even if the actual number of attendees is less than this If You wish to cancel your Event, You must do so by or by letter in writing. Your cancellation will become effective from the day on which the Company receives it. Notice of cancellation must be sent to or Events/Corporate Department, The Mayflower, Empire Lane, Southampton, So15 1AP. Upon cancellation, You shall be liable for the following cancellation charges, depending on the amount of prior notice given: Notice of cancellation given Cancellation Charge 7 days or less prior to Event 100% of Event Deposit 8-14 days prior to Event 50% of Event Deposit Over 14 days prior to the Event Administration Fee of Upon receipt of your notice of cancellation of an Event, the Company will deduct any applicable cancellation charges from the Event Deposit and pay the balance to You within 30 days of receipt of the written notice of cancellation If You wish to change the date of the Event, You must do so by or by letter in writing. Your request to change the date of the Event will become effective from the day on which the Company receives it. Requests to change the date of an Event must be sent to 2

3 or Events/Corporate Department, The Mayflower, Empire Lane, Southampton, SO15 1AP. If you change the date of an Event, the cancellation charges at clause 1.10 will still apply where less than 7 days notice of the change is given. Any original Event Deposit which is not payable to the Company by way of a cancellation charge under clause 1.10 shall be applied to the new booking and the Company shall invoice only for any balance of deposit due under clause 1.3 in respect of the new booking. 2. Dinner, Show and Hotel Packages 2.1 This clause 2 applies to sale by the Company of the following services in various package combinations: tickets for shows and entertainment events at the Mayflower Theatre ( Show Tickets ); dinner at the Ovation Restaurant at the Mayflower Theatre ( Restaurant Bookings ); and Hotel accommodation ( Hotel Bookings ) (together, in any combination, Show Package(s) ). 2.2 These Terms and Conditions apply to all bookings made with the Company for Restaurant Bookings. Show Tickets are sold by the Company on behalf of Mayflower Theatre Trust Limited and are governed by separate terms and conditions, a copy of which can be found on the website of the Mayflower Theatre Trust at and on the back of Show Tickets. Hotel Bookings are sold by the Company on behalf of the relevant hotel operator and are governed by separate terms and conditions issued by the relevant hotel proprietor. These are available from the relevant hotel operator. 2.3 Upon a booking being agreed between You and the Company, You will be required to pay the full price of the Show Package (comprising of separate relevant components listed at Clause 2.1) and can be paid either by credit or debit card at the point of booking. 2.4 If You wish to cancel a Show Package, You must do so by , by letter in writing or by phone. Your cancellation will become effective from the day on which the Company receives it. Notice of cancellation must be sent to or Events/Corporate Department, The Mayflower, Empire Lane, Southampton, SO15 1AP or by contacting the Company by phone on The Show Package may be exchanged for another date of the same show, subject to availability and any relevant price increase. Where the Show Package cannot be exchanged. You shall be liable for the following cancellation charges: Show Tickets - Show tickets are sold by the Company as an agent on behalf of The Mayflower Theatre Trust Limited. Accordingly, the cancellation charges for Show Tickets are governed by the terms and conditions of the Mayflower Theatre Trust (which can be found at or on the back of the Show Ticket). In many cases the Show Ticket element of the Package (as calculated by the Company) is non-refundable. 3

4 2.4.2 Restaurant Bookings - the following charges will apply on the cancellation of the Restaurant Bookings element of a Show Package. Depending on the amount of notice given: Notice of cancellation given Cancellation Charge 7 days or less prior to event 100% of the Restaurant Booking element of the Show Package Over 7 days prior to the event Full refund/vouchers of restaurant element or option to move to a different date Hotel Bookings - Hotel Bookings are sold by the Company on behalf of the relevant third party hotel operating company. Accordingly the cancellation charges applicable to the Hotel Bookings element of a Show Package will depend on the terms and conditions of the relevant hotel operator, details of which will be provided at the time of booking. Usually the hotels used by the Company offer a full refund of the accommodation element provided notice of cancellation is given at least 24 hours in advance of the intended date of stay. Shorter notice may result in the loss of the full deposit paid. 2.5 Upon receipt of your notice of cancellation of a Show Package, the Company will deduct any applicable cancellation charges from the Package Deposit and pay the balance to You within 30 days of receipt of the written notice of cancellation. 2.6 In the unforeseen event of cancellation by the Company, written notice will be given to You at the earliest opportunity. The Company will offer You the choice of rebooking the Show Package on another date of the same show, subject to availability, or a full refund of the amount paid by You for the Show Package which the Company will pay within 30 days of the date of the cancelled Show Package. 3. Group Restaurant Bookings 3.1 This clause 3 applies to bookings at the Ovation Restaurant at the Mayflower Theatre, for 10 or more people which are not sold as part of a Show Package ( Group Restaurant Bookings ). 3.2 Upon a Group Restaurant Booking being agreed between You and the Company, the Company will send to You a confirmation of the booking. 3.3 The Company reserves the right to request a deposit of 10 per person on all Group Restaurant Bookings ( GRB Deposit ). You must pay the GRB Deposit, in one full payment on behalf of the group, within 14 days of making the booking by credit or debit card. The Company reserves the right to cancel a Group Restaurant Booking where the GRB Deposit is not paid within 14 days. 3.4 You will be required to pre order your menu choices for a Group Restaurant Booking not less than 5 days prior to the date of the booking. Where menu choices are not provided 5 days prior to the date of the booking, the Company cannot guarantee the availability of your menu choices and catering for special dietary requirements. 3.5 If You wish to cancel a Group Restaurant Booking, You must do so by or by letter in writing or by phone. Your cancellation will become effective from the day on which the Company receives it. Notice of cancellation must be sent to or Events/Corporate Department, The Mayflower, Empire Lane, Southampton, SO15 1AP or by 4

5 contacting the Company by phone on You shall be liable for the following cancellation charges depending on the amount of notice given for cancellation: Notice of cancellation given Cancellation Charge 7 days or less prior to booking 100% of GRB Deposit 8-14 days prior to booking 50% of GRB Deposit Over 14 days prior to booking Administration Fee of 2.50 per person 3.6 Upon receipt of your notice of cancellation of a Group Restaurant Booking, the Company will deduct any applicable cancellation charges from the GRB Deposit and pay the balance to You within 30 days of receipt of the written notice of cancellation. 3.7 If You wish to change the date of the Group Restaurant Booking, the cancellation charges at Clause 3.5 will still apply save that the Company will waive the administration fee where more than 14 days notice is given. Any GRB Deposit not applied towards the payment of a cancellation charge shall be treated as a GRB Deposit for the new booking and the Company reserves the right to invoice for any balance of deposit due in respect of the new booking under clause The Company reserves the right to change menu prices at the Ovation Restaurant at its discretion. 3.9 The Company reserves the right to charge a 10% discretionary service charge on the final bill in Ovation for Group Restaurant Bookings of 8 people Final restaurant bills must be settled in one full payment on behalf of the group, not individually In the unforeseen event of cancellation of a Group Restaurant Booking by the Company, written notice will be given to You at the earliest opportunity. The Company will offer You a choice of rebooking the Group Restaurant Booking on another date of the same show, subject to availability, or a full refund of the amount paid by You for the Group Restaurant Booking. 4. Conduct 4.1 You shall behave in an orderly fashion and shall ensure that attendees invited by You to Events, or, in the case of Group Restaurant Bookings and group bookings for Show Packages, members of your group behave in an orderly fashion and You shall ensure that nothing shall be done by yourself, or such attendees or group members which may constitute a breach of the law or in any way cause a nuisance. Failure to do so shall entitle the Company to require the offending individual(s) to leave the Mayflower Theatre premises. 4.2 The Company reserves the right to refuse admission to any individual to the Mayflower Theatre if in the reasonable opinion of the Company admission of that individual to the Mayflower Theatre might be a risk to the safety of the audience and/or the individual and/or affect the enjoyment of the audience and/or the running of the show or other event, for example if the individual appears to be under the influence of drink and/or drugs and/or is acting aggressively. 5. Loss/Damage 5

6 5.1 You will be responsible for any damage to the property of Company, the Mayflower Theatre Trust Limited, or third parties caused by You, your attendees or group members whilst at the Mayflower Theatre premises. 5.2 No signs, displays, posters or other material may be fixed to the walls of the function rooms or the Ovation Restaurant without prior authorisation from the duty manager or restaurant manager. 5.3 Neither the Company nor the Mayflower Theatre Trust Limited accepts any liability for loss or damage to property suffered or incurred by You unless caused by its negligence. 5.4 If you are a business: the Company s total liability to You arising under or in connection with any contract incorporating these Terms and Conditions (whether arising as a result of breach of contract, negligence, or otherwise) shall be limited to the total amount payable by You to the Company under the contract; and the Company shall not be liable to You for any loss of profits or revenue, or for any indirect or consequential loss suffered by You. except in each case in respect of death or personal injury resulting from any negligence of the Company, or fraud. 5.5 If you are a consumer, in the event of a breach of this contract by the Company, the Company shall not be liable for any loss, damage, cost or expense arising out of the breach which was not reasonably foreseeable by the Company at the date of this contract, except in respect of death or personal injury resulting from any act or omission on the part of the Company, or fraud. 6. Security on the Company s web site 7. Privacy 6.1 The Company s web site uses industry standard encryption software and a stand alone secure server to ensure the safety of orders placed on the Company s web site. No-one can access any information sent by You as long as it is sent using the secure pages. Therefore, you must only send credit card details where asked for on the Company s web site and you must not send credit card details by standard Any losses incurred or sustained by You as a result of transmitting information by means of or other internet links shall be borne solely and exclusively by You and in no event shall any such losses in whole or in part be borne by the Company unless caused by our negligence. If You are using a public computer or a computer which others may use, You must sign out of it when you have finished making purchases on the Company s web site The Company will not accept any liability for tickets or other goods and services which have been ordered through the Company s web site using your credit card by someone not authorised to do so By disclosing your personal information to the Company using the Company s web site or over the telephone or otherwise, you consent to the collection, storage and processing of your personal information by the Company in the manner as set out in this clause 7. 6

7 8. Invalidity 9. No Waiver 7.2. Information about You including (but without limitation) your name, address, telephone number, address and credit card details is recorded on a computer database controlled by the Company. The information is needed to process the transaction and fulfil your order and in the case of subsequent problems or disputes. The Company may also use the information for internal administration and analysis and the information may be used by the Company and the Company s associated companies to contact you about events and products. The Company discloses your information (other than your credit cards details which are never disclosed to third parties by the Company) to third parties on occasion but only for the purposes of completing your transaction with the Company or, where the Company is acting as agent on behalf of a third party, to enable the transaction between you and that third party to be completed successfully. The Company does not sell, rent or trade your personal information to third parties for marketing purposes The Company operates and are registered in accordance with applicable UK data protection legislation. The data that the Company collects from you may occasionally be transferred to, and temporarily stored at, a destination outside the European Economic Area ("EEA") to enable the Company to update and maintain the Company s ticketing system. It may also be processed by staff operating outside the EEA who work for one of the Company s suppliers. By submitting your personal data, you agree to this transfer, storing or processing If you do not wish your personal information to be used for contacting you with information, please inform the Mayflower Marketing Department or check the appropriate box on the order form (if applicable). 8.1 If any part of these conditions is unenforceable (including any provision in which the Company excludes the Company s liability to you) the enforceability of any other part of these conditions will not be affected. 9.1 No failure or delay on the part of any of the parties to these conditions relating to the exercise of any right, power, privilege or remedy provided under these conditions shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any breach by the other party to these conditions. 10. Entire Agreement 10.1 These Terms and Conditions, together with the terms and conditions of the use of the Company s web site set out on the Company s web site and the prices, delivery details and contact details set out on the Company s web site and on the Company s official advertisements, set out the whole of the Company s agreement relating to the supply of the tickets and any other goods or services to you by the Company. These Terms and Conditions cannot be varied except in writing. In particular nothing said by any sales person on behalf of the Company should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of the tickets, goods or services offered for sale by the Company. The Company accepts no liability for any such representation being untrue or misleading. 7

8 11. Trademark Neither the Mayflower nor the Ovation trademarks may be used by You, without permission in writing, from the Company. 12. Force Majeure The Company may rescind its contract with You if it is prevented, hindered or delayed from performing any of its obligations under the contract by events outside of the Company s reasonable control. 13. Governing Law of the Terms These terms shall be governed by English law and English courts shall have exclusive jurisdiction in respect of any dispute arising in connection with your contract with the Company. Our contact details: Mayflower Enterprises Limited (company number ) Commercial Road, Southampton, SO15 1GE Tel: VAT Registration number

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