Terms & Conditions
These Terms and Conditions apply to all Contracts for all Hotels under the Millennium Hotels & Resorts umbrella. Any request for the terms and conditions applied by each Hotel in any particular jurisdiction, or for a sample contract, should be directed to us at info@mhrmail.com or to the Sales and Marketing Department of any Hotel.
NOTE:
These Terms and Conditions shall apply to each MHR Hotel provided always that where the terms and conditions of any Contract entered into between a Hotel and a Client are in conflict with these Terms and Conditions the provisions of the Contract will take precedence and shall prevail.
In the event that these Terms and Conditions or any one of them are in conflict with any law or regulation in any jurisdiction, the said Term(s) and Condition(s) shall be applied in such a manner as to ensure full compliance with such law or regulation.
Definitions
Client means the organising body/company or individual authorised and responsible for the commissioning and payment for the event.
Contract means the signed event contract for a specific booking or series of bookings. These terms and conditions shall form part of the Contract together with any other terms specifically referred to in the Contract.
Deposit means the sum equal to ten (10%) per cent of the total Contract sum payable for the Event which shall be paid by the Client upon the execution of the Contract.
Estimated Price means the minimum price to be paid by the Client based on the detailed supply of services as stated on the Contract.
Event means the event described in a Contract.
GST means any goods and services tax (howsoever described) applicable and payable in the jurisdiction in which the Hotel is located.
Hotel means any MHR hotel, where the event will take place.
MHR Hotel means any hotel operating under the umbrella of Millennium Hotels & Resorts and/or which is in the portfolio of hotels around the world owned or managed or operated by Millennium & Copthorne Hotels plc.
VAT mean any value added tax (howsoever described) applicable and payable in the jurisdiction in which the Hotel is located.
Charges and Payment Terms
1 The Hotel reserves the right to charge a Deposit on confirmation of an Event and the Contract in respect thereof. Should a Deposit or pre-payment be required for any event, this will be specified in the Contract. The attention of the Client is specifically drawn to the condition precedent that requires full compliance on the part of the Client with any payment terms specified in the Contract. If such provisions are not complied with, by the Client, the Hotel may cancel the Event without liability and retain the deposit.
2. A final account of the balance of all charges incurred at the Hotel, pursuant to the Contract, will be rendered to the Client by the Hotel immediately after the Event. The payment of such outstanding balance shall be due for full settlement after fourteen (14) days from the date of the invoice for the outstanding balance.
3. The Client is and shall be responsible for all charges incurred by or on behalf of, or at the request of the Client, its guests, agents or employees for any accommodation, food, beverage or any other goods or services provided by the Hotel. If the Client fails to make payment of all or any part of the amount due to the Hotel under the Contract on the due date for payment specified on the invoice issued by the Hotel, the Client will be liable to pay interest on any overdue sum payable to the Hotel from the due date to the date of payment. Interest shall be calculated at two (2%) per cent above the prevailing current Bank of England base rate and shall be cumulative.
4. Credit shall only be granted at the Hotel's sole discretion. Applications for a credit account with the Hotel must be received no later than twenty-eight (28) days prior to the date of the Event and must be made on the Hotel's application form which can be obtained upon request from the Hotel. Any decision of the Hotel to refuse the request for credit shall be final.
5. Accounts are payable in Sterling or Euro (with effect from 1 January 1999) by cheque or can be settled in cash or by major credit cards accepted by the Hotel.
6. The prices quoted in the Contract are inclusive of VAT/ GST (howsoever described) at the current rate and will be subject to alteration should the rate of VAT/GST change before the date of the Event. Prices are also inclusive of the Service Charge levied at the prevailing rate of the Hotel.
Confirmation by the Client
7. All bookings shall be considered as provisional until the Contract is signed by both the Client and the Hotel. Once both parties sign the Contract, all such facilities and services reserved by the Client will be subject to the terms and conditions of the Contract.
8. The signed Contract must be returned by the Client and received by the Hotel within five (5) working days of the date of issue of the Contract to the Client for signature or, if such time is not available prior to the date of arrival of the Client or the date of the Event, within a maximum of forty-eight (48) hours from the date of issue of the Contract to the Client for signature. If the Hotel does not receive the Contract within this period, the Hotel reserves the right to release the provisional booking and re-let the facilities without any liability to the Client named on the Contract.
9. Numbers of participants or guests at an Event must be advised to the Hotel at the time of verbal confirmation and will be identified on the Contract. Final timings, menus and any special requests must be confirmed to the Hotel at least seven (7) days prior to the scheduled date of arrival of the Client or the scheduled date of the Event. Final numbers must be notified to the Hotel at least forty-eight (48) hours prior to arrival of the Client or the schedule date of the Event, and will be the minimum number for which the Client will be charged.
Amendments by the Client
10. Any amendments to the arrangements listed in the Contract must be notified verbally to the Hotel at the earliest opportunity and immediately confirmed, in writing, by the Client.
11. Should the number of guests attending, or the duration of the Event be less than the contracted number or duration, the Hotel reserves the right to levy a charge to compensate the Hotel for any additional costs incurred based on the Estimated Price in respect of the contracted number or duration.
12. Should the Client wish to increase the number of guests attending the Event in excess of the contracted number, the Hotel will use all reasonable endeavours to comply with such request subject to availability of accommodation, facilities and services but will not be liable should it fail to do so. The Hotel may increase its charges in accordance with the increased number of guests attending the Event.
Cancellation by the Client
13. In the unfortunate circumstance that the Client has to cancel or postpone the confirmed booking at any time prior to the Event, the Hotel will take reasonable efforts to resell the facilities on the Client's behalf Provided Always that the Client shall be liable to indemnify the Hotel for any cost incurred by the Hotel in its efforts to resell the facilities on the Client's behalf. Nothing in this Condition 13 shall operate to mitigate the obligation of the Client to settle the cancellation charges payable to the Hotel as mentioned in Condition 14 below.
14 The Hotel's Cancellation Policy is to levy a charge of ninety (90%) per cent of the contracted accommodation and room hire revenue and sixty-five (65%) per cent of the contracted food and beverage revenue expected to be generated from the Event, being the Hotel's loss of profit, which shall be borne by the Client. The Hotel shall issue the invoice for the payment of the monies due to the Hotel under this Condition 14 immediately upon receipt of the notice of cancellation or postponement of the Event. If the Client fails to make payment of all or any part of the amount due to the Hotel under the Hotel's Cancellation Policy on the due date for payment as specified in the invoice, the Client will be liable to pay interest on any overdue sum payable to the Hotel from the due date to the date of payment. Interest shall be calculated at two (2%) per cent above the prevailing current Bank of England base rate and shall be cumulative.
15. Any cancellation, postponement or partial cancellation of an Event should be advised to the management of the Hotel in the first instance verbally. The Client will be advised at that stage of a cancellation reference number. The Client should confirm any notification of cancellation of an Event in writing to be delivered to the Hotel within twenty-four (24) hours of the verbal communication of the cancellation thereof. The Hotel shall not be obliged to accept a verbal communication of cancellation of any Event which is not followed by a written confirmation from the Client and the Client shall remain liable to the Hotel for the full cost of the Event as shown on the Contract in the absence of a written confirmation of cancellation.
16. Definitive cancellation charges due and payable by the Client can only be confirmed by the Hotel to the Client after the intended date of the Event, when the charge will be reduced by the profit (if any) on any alternative business that the Hotel has been able to secure on the Client's behalf.
Amendments or Cancellation by the Hotel
17. Should the Hotel, for reasons beyond its control, need to change the arrangements for the Event then it will use all reasonable endeavours to offer the Client alternative comparable facilities at no additional cost or liability. In such circumstances the Client may accept the alternative facilities or decide to cancel the Contract and accept the return of the Deposit and any other monies paid by the Client in advance of the Event. This is the limit of the Hotel's responsibility and legal liability.
18. The Hotel may cancel the Event at any time upon the happening of any one of the following circumstances:
• The Hotel, subsequent to the signing of the Contract, has reason to believe the booking might prejudice the reputation of the Hotel; or
• The Hotel receives evidence of any adverse alteration in the Client's financial situation; or
• The occurrence of an Event of Force Majeure; or
• Any guests attending the Event behaving in any way considered to be detrimental, offensive, illegal and/or contrary to normal expected standards of behaviour.
In such instances, the Hotel will retain all monies paid to date and render an account to the Client for all additional charges incurred which charges shall be payable within fourteen (14) days of the date of the invoice from the Hotel setting out the sums due to the Hotel under this Condition 18. If the Client fails to make payment of all or any part of the amount due to the Hotel under this Condition 18 on the due date for payment as specified in the invoice, the Client will be liable to pay interest on any overdue sum payable to the Hotel from the due date to the date of payment. Interest shall be calculated at two (2%) per cent above the prevailing current Bank of England base rate and shall be cumulative.
19. The Hotel will not be liable for any failure or delay in providing facilities, services, food or beverages as a result of events or matters outside its control, including but not limited to fire, storm, explosion, flood, Act of God, action of any Government or Governmental agency, shortage of materials or goods, strike or lock-out, each an Event of Force Majeure.
General
20. The Client is responsible for the cost of any entertainment, services or activities provided by external suppliers sourced by the Client ("External Suppliers") and shall at all times have sole responsibility for ensuring that any and all statutory obligations, licences and requirements specified by the Hotel's management and/or applicable local legislation are complied with by the Client and the External Suppliers of the Client. The Hotel reserves the right to approve all such arrangements and to view any licences obtained by the Client or the External Suppliers prior to the commencement of the Event for the provision of the entertainment, activities or services at the Event. In addition, if the Hotel is required by applicable law to comply with any applicable licensing and/or statutory regulations in connection with the provision by the External Suppliers of any entertainment, activities or services at the Hotel, the Client shall be responsible to bear the costs incurred by the Hotel to comply with these licensing or statutory requirements. The Client shall give full assistance to the Hotel to enable the Hotel to meet its licensing and statutory obligations.
21. No beverages or food may be brought into the Hotel by the Client for consumption by its guests during the Event.
22. The Hotel has legal liability to ensure, at all times, the Health and Safety of the Client and all guests of the Client attending the Event as well as all guests in the Hotel at the material time. Therefore, the Client is required to consult with the management of the Hotel before affixing any items to walls, floors and ceilings in the Hotel or using any form of mechanical or electrical equipment. Should the Hotel be required by the Client to supply any mechanical or electrical equipment for use at the Event, the Client shall be required to indemnify and hold the Hotel free of any liability against any claims resulting from loss or damage to property of the Hotel or any third party or from the death of or injury to any guest of the Hotels or any guests of the Client at the Event or to any individuals appointed by the Client or the Client's contractor or agent or any External Supplier arising out of the use of any mechanical and/or electrical equipment during the Event or in the course of the installation or dismantling of such mechanical and/or electrical equipment unless such loss or damage, death or injury is caused solely by the negligence or willful act or omission of the Hotel or its employees.
23. The Client shall indemnify the Hotel, its employees, contractors, agents and guests against any loss or liability incurred by the Client, its agents, guests or employees, arising as a result of the Event or any entertainment, services or activities organised by the Client or its External Suppliers (or the Hotel on the Client's behalf) in connection with the Event.
Guest Property
24. The Hotel is not and shall not be liable for any loss or damage to property owned by, or in the custody of the Client or its guests, employees, agents or contractors, or the External Suppliers. The Client is advised to arrange adequate insurance cover for the Event. Safe deposit boxes may be provided by the Hotel for the Client's use at the sole risk of the Client.
25. The Contract may not be assigned by the Client without the prior written approval of the Hotel.
26. These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of England.
