1. These terms
1 What these terms cover. These are the terms and conditions on which we supply services to you.
2 Why you should read them. Please read these terms carefully before you make a Booking. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
1 Who we are. We are Mitchells & Butlers Leisure Retail Limited, a company registered in England and Wales. Our company registration number is 01001181 and our registered office is at 27 Fleet Street, Birmingham, B3 1JP. Our registered VAT number is 818 307823.
2 How to contact us. You can contact us by telephone, post, or email, either at the relevant venue you wish to book or have booked, via the contact details on the venue booking page, or alternatively via the “Contact Us” page on our website: www.mbplc.com.
3 How we may contact you. If we have to contact you we will do so by telephone (where you have provided us with your number) or by writing to you at the email address or postal address you have provided to us.
4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
1 How we will accept your Booking. Our acceptance of your Booking will take place when we notify you in writing (including via a confirmatory email) that we have accepted your Booking, at which point a contract will come into existence between you and us.
2 If we cannot accept your Booking. If we are unable to accept your Booking, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because the venue is closing for re-branding or refurbishment, or because we have identified an error in the price or description of the services.
4. Your rights to make changes
1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
2 The Booking page may state any minimum guest numbers that applies to your Booking, or we may contact you in response to a Booking request to notify you of any minimum guest numbers that apply. You will notify us of final guest numbers at least 24 hours prior to your event date (or as otherwise requested by us), provided that the final number shall not be less than the minimum guest number for your Booking. You may not invite more guests to our venue than the lower of (a) the maximum number specified in the Booking confirmation and (b) the maximum number of people permitted to be in the venue by the Licensing Restrictions. We may at any time refuse entry or request that you or your guests leave our venue.
5. Our rights to make changes
Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
1. Providing the services
1 When we will provide the services. We will supply the services to you on the date, and between the times, set out in the Booking confirmation. You understand that the venue will be subject to Licensing Restrictions and, regardless of what the Booking confirmation says, we will not be able to provide the services outside of the times during which the Licensing Restrictions allow us to provide such services, or to provide any services which are prohibited by our Licensing Restrictions. We may end the contract by written notice to you as described in clause 8.
2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received. Events outside our control will also include any closure of the venue for refurbishment or re-branding, or a commercial decision to no longer provide the kinds of services you ordered at the venue (but we will give you reasonable notice should we need to end the contract on these grounds, and we will use reasonable endeavours to transfer your Booking to another local venue within our group, with your consent).
3 What will happen if you do not provide required information to us. We may need certain information from you so that we can provide the services to you, for example guest numbers, dietary requirements, and details about any Entertainer(s) you may wish to use as part of your Booking. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4 Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
5 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within one day of us reminding you that payment is due (if payment is due prior to the event date), we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 10.6). In most cases the balance of any payment due (after any deposit has been paid) will be payable on the date of your event. Should you not make your final payment when requested we reserve the right to suspend the services until payment is made in cleared funds. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.5).
2. Your rights to end the contract
1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) there is a risk the services may be significantly delayed because of events outside our control; or
(b) you have a legal right to end the contract because of something we have done wrong.
3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, you may end the contract at any point up to 28 days prior to the start time of your Booking. The contract will end immediately but (where you cancel the Booking during the last 28 days prior to your Booking Start time) we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract (which will ordinarily include (but not be limited to) retention of any deposit paid).
3. Our rights to end the contract
1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within one day of us reminding you that payment is due (where payment is due in advance of the event date). In most cases the balance of any payment due (after any deposit has been paid) will be payable on the date of your event. Should you not make your final payment when requested we reserve the right to end the contract immediately;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, of the type set out in clause 6.3; or
(c) you, your guests, or your Entertainer(s) do not adhere to your commitments and the obligations in this contract (and in particular the conditions set out in clause 12).
2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (which will ordinarily include (but not be limited to) retention of any deposit paid).
3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least fourteen days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided. We may also need to stop providing the services for example if the venue is closed for refurbishment, or because it has re-branded and no longer provides services of the type set out in your Booking (and in these circumstances we will use reasonable endeavours to transfer your Booking to another local venue within our group, with your consent).
4. If there is a problem with the services
1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us in person at the relevant venue, or by telephone, post, or email, either at the relevant venue you wish to book or have booked, or alternatively via the “Contact Us” page on our website: www.mbplc.com.
2 Summary of your legal rights. See below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
⦁ you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
⦁ if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
⦁ if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
10. Price and payment
1 Where to find the price for the services. The price of the Booking services (which includes VAT) will be the price set out in the Booking confirmation. Other costs may be payable in respect of additional services purchased in advance of, or on, your Booking day. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.
2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your Booking so that, where the service's correct price at your Booking date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your Booking date is higher than the price stated in your Booking, we will contact you for your instructions before we proceed further with your Booking. If we accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
4 When you must pay and how you must pay. You must make an advance payment (the Deposit) where specified as part of your Booking, before we start providing the services. The balance of the price (together with any subsequent services ordered) must be paid as set out in the Booking confirmation, or on the date of your event, whichever is the later. You must pay each bill upon delivery. We accept payment in cash, or by credit or debit card.
5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 5% 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.
6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
1. Our responsibility for loss or damage suffered by you
1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2. entertainers and miscellaneous terms
1 You may, with our written permission, provide your own Entertainer(s) for your Booking. Should you wish to provide your own Entertainer(s), the following additional provisions will apply:
(a) You must provide your Venue Contact (who will usually be the Venue Sales or General Manager) with details of the Entertainer(s) at least fourteen days prior to the event date to enable the venue to undertake an appropriate risk assessment;
(b) The Entertainer(s) must have in place insurance which we consider appropriate;
(c) We must be satisfied that the Entertainer(s) will work on a self-employed basis;
(d) You and the Entertainer(s) will not undertake any public promotion of the event without our prior written consent;
(e) The relevant performance must be undertaken in accordance with all applicable laws and regulations, and including in particular any Licensing Restrictions that we are bound by;
(f) Certain types of entertainment or effects will not be permitted, including strobe lighting, hypnotism, striptease or other nudity, indoor pyrotechnics, or any other entertainment which in our opinion may cause undue risk of injury to persons, damage to property, or harm to our reputation. If in doubt, please discuss your proposed entertainment with your Venue Contact.
2 Any decorations to be used by you or the Entertainer(s) must have a certificate proving that they have been treated for surface spread of flame. You must show us the certificate before bringing the decorations into the venue. We may at our option refuse to permit the decorations to be used.
3 Any equipment brought into the venue by you, your guests, or your Entertainer(s) must either be (at our option) successfully and currently Portable Appliance Tested, or must be used with a circuit breaker.
4 You must not bring any food or drink onto the venue other than as purchased at the venue on the event date.
5 You, your guests and your Entertainer(s) must comply with all instructions of the venue Staff, and do nothing which would cause us to break our Licensing Restrictions or the Licensing Objectives, or which would cause annoyance to other guests or the venue’s neighbours.
6 You are responsible for supervising any children attending your event at all times.
3. How we may use your personal information
1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the Booking process, to inform you about similar services that we provide, but you may stop receiving these communications at any time by contacting us.
2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
4. Other important terms
1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
2 You may not transfer this agreement without our consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, save that all members of our group benefit from this contract and may enforce its terms against you.
4 If a court finds part of this contract illegal, the rest will continue in force. 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.
5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.