Terms and conditions
These Terms are applicable to all Contracts of any kind made by Evecom Limited trading as Express by Holiday Inn Canterbury and its customers ("the Customer") and apply to all reservations, bookings and agreements for accommodation, dining, function room hire and use of all facilities at The Express by Holiday Inn Canterbury.
Clauses 1 to 13, clause 16 and the Schedule of the Terms apply to all Contracts. Clauses 14 and 15 refer to particular facilities.
Customers are invited to read these provisions and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of the Express by Holiday Inn Canterbury.
TERMS OF SUPPLY
1. INTERPRETATION
1.1 In these Conditions:
"Arrival" means the date on which the Facilities are to be provided or shall start to be provided by the Express by Holiday Inn Canterbury;
"Customer" means the person named on the Reservation Sheet (and includes those traveling with the customer) for whom the Express by Holiday Inn Canterbury has agreed to provide the Facilities in accordance with these Terms;
"Contract" means the contract for the provision of the Facilities including these Terms and, as appropriate, a Reservation Sheet;
"Deposit" means the payment specified in clause 5 and Schedule;
"External Contractor" means production companies, audio visual companies, television, video or film crews, musicians, bands, live acts and any other performers, toastmasters, florists, photographers and designers and any other person who is contracted by the Customer in connection with any of the Facilities.
"Facilities" means the provision of accommodation, function room hire and/or supply of food and beverages and other facilities by the Express by Holiday Inn Canterbury for the Customer;
"Initial Enquiry" means the date recorded by the Express by Holiday Inn Canterbury for the first enquiry made by the Customer for the Facilities;
"Proforma Invoice" means a written statement issued by the Ramada Dover for the first enquiry made by the client for the Facilities;
"Reservation Sheet" means the letter, fax, schedule, Proforma Invoice or invoice describing the facilities, charges and relevant details for a reservation;
"Rates" are quoted including the applicable VAT in the UK and as "net" rates. Exceptions apply only when stated different. There is no commission payable on the rate booked - be it to the customer or a third party;
"Schedule" The Schedule of deposits and payments and cancellation terms annexed to this Agreement;
"Standard Charges" means the charges shown in any brochure of the Ramada Dover or other published literature relating to the Facilities in force from time to time;
"Terms" means these terms and conditions.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. PROVISIONAL RESERVATION AND CONFIRMATION OF RESERVATIONS
2.1 This Contract is conditional on the payment of a Deposit or the Customer supplying credit card or charge card or debit card details and the authority for charges to be deducted (including cancellation charges) on the payment terms outlined in the Schedule and the Express by Holiday Inn Canterbury confirming the reservation to the Customer.
2.2 If the relevant condition is not met then subject to any outstanding obligation due to the Express by Holiday Inn Canterbury from the Customer the Contract will cease to be of effect. The Facilities that are the subject of the provisional reservation will be released back into the inventory of the Express by Holiday Inn Canterbury and may be resold without any further notification to the Client.
2.3 The Contract will be given a reference by the Express by Holiday Inn Canterbury when the condition under clause 2.1 is satisfied. The reference must be quoted by the Customer in all dealings with the Express by Holiday Inn Canterbury.
3. SUPPLY OF THE FACILITIES
3.1 The Express by Holiday Inn Canterbury shall provide the Facilities to the Customer subject to the Contract.
3.2 The Customer shall at its own expense supply the Express by Holiday Inn Canterbury with all necessary data or other information relating to the Facilities required within sufficient time to enable the Express by Holiday Inn Canterbury to provide the Facilities in accordance with the Contract. The Customer shall ensure the accuracy of all such specific information requirements are contained in clauses 14 and 15 and the Schedule.
3.3 The Facilities shall be provided in accordance with the Reservation Sheet and otherwise in accordance with the Express by Holiday Inn Canterbury current brochure or other published literature relating to the Facilities from time to time and in accordance with these Terms.
3.4 The Express by Holiday Inn Canterbury may at any time without notifying the Customer make any changes to the Facilities which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Facilities.
4. CHARGES
4.1 The charges payable by the Customer shall be as set out in the Reservation Sheet. If no charges are specified or additional and varied Facilities are provided to the Customer, the Customer shall pay the Standard Charges at the prevailing rate on the day the Facilities are provided and any additional sums which are agreed between the Express by Holiday Inn Canterbury and the Customer for the provision of the Facilities.
4.2 The Express by Holiday Inn Canterbury has the right to vary the Standard Charges from time to time.
4.3 All charges quoted to the Customer for the provision of the Facilities are inclusive of any Value Added Tax at the applicable rate at the tax point unless otherwise stated.
4.4 The Customer will be liable for the full cost of any damage caused by the customer to the property or Facilities at the Express by Holiday Inn Canterbury
5. DEPOSIT PAYMENTS
5.1 Deposits are non refundable.
5.2 The different requirements for Deposits are set out in the Schedule.
6. PAYMENT
6.1 The payments to the Express by Holiday Inn Canterbury to be made by the Customer (including Deposits) are to be made on the date(s) and in the amounts to be calculated as specified in the Schedule.
6.2 If any Terms or details in the Reservation Sheet are varied prior to the Reservation Date then the payment made will be that reflecting the latest details contained in the Reservation Sheet.
6.3 Any additional charges due to the Express by Holiday Inn Canterbury from the Customer for the Facilities shall be paid by the Customer on presentation of an invoice or if otherwise agreed in the Reservation Sheet within seven days of the date of the invoice supplied to the Customer by the Express by Holiday Inn Canterbury.
6.4 Payment methods may include payment by credit or charge cards or by direct transfer to the bank of the Express by Holiday Inn Canterbury (HSBC bank, sort code 40 18 41: , account number:12368455 ).Payments made direct to the bank account must be made in sufficient time for notification to be given to the contact of the Express by Holiday Inn Canterbury for the Facilities being provided.
6.5 The Express by Holiday Inn Canterbury will not accept payments offered by a Customer who is using a third party credit card. The Express by Holiday Inn Canterbury will only accept payment offered by Customer who is the named holder of the relevant credit card.
6.6 The Express by Holiday Inn Canterbury is authorized by the Customer to obtain payment of charges from a credit or charge card the details of which including the number and expiry date have been proffered by the Client to the Express by Holiday Inn Canterbury for the purpose of payment under the provisions of Clause 2.1 of these Terms.
7. CANCELLATION CHARGES ("NO SHOWS")
7.1 The Customer agrees to pay charges to the Express by Holiday Inn Canterbury in the event of cancellation of the Facilities or if the Customer and/or their guests fail to take up the Facilities at the time and on the day specified in the Contract. The cancellation charges are calculated by reference to the Schedule attached.
7.2 The Express by Holiday Inn Canterbury will provide a cancellation number to a Customer in the event of the Customer making a cancellation and that number must be used in any future dealings with the Express by Holiday Inn Canterbury.
8. VARIATION IN FACILITIES REQUIRED
8.1 Any variation of numbers, accommodation and food and beverage requirements specified for the Facilities or other changes or additions must be agreed between the Customer and the Express by Holiday Inn Canterbury in writing.
8.2 Terms for the variation of numbers and Facilities are included in clauses 14 and 15.
9. LIABILITY OF EXPRESS BY HOLIDAY INN CANTERBURY
9.1 The Express by Holiday Inn Canterbury will provide the Facilities using reasonable care and skill and as far as reasonably possible, in accordance with the details referred to in the Reservation Sheet or in accordance with standards applicable to a hotel of the quality of the Express by Holiday Inn Canterbury if no Reservation Sheet is applicable.
9.2 When the Express by Holiday Inn Canterbury supplies the Facilities which include any services supplied by a third party, the Express by Holiday Inn Canterbury does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the services to the Express by Holiday Inn Canterbury.
9.3 The Express by Holiday Inn shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
9.4 Except in respect of death or personal injury caused by the Express by Holiday Inn Canterbury’s negligence, or as expressly provided in these Terms, the Express by Holiday Inn shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Express by Holiday Inn Canterbury, its servants or agents or otherwise) which arise out of or in connection with the provision of the Facilities (including any delay in providing or failure to provide the Facilities) or their use by the Customer, and the entire liability of the Express by Holiday Inn Canterbury under on in connection with the Contract shall not exceed the amount of the Express by Holiday Inn Canterbury charges for the provision of the Facilities, except as expressly provided in these Terms.
9.5 The Express by Holiday Inn Canterbury shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Express by Holiday Inn Canterbury’s obligations in relation to the Facilities, if the delay or failure was due to any cause beyond the Express by Holiday Inn Canterbury 's reasonable control.
9.6 The Express by Holiday Inn Canterbury is not liable for any loss or damage to the property of the Customer or any person as may occur within the constraints of the Hotel Proprietors Act 1956.
10. TERMINATION
The Express by Holiday Inn Canterbury may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Customer if the Customer commits any breach of these Terms, or if the Customer goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
11. CLIENT RESPONSIBILITIES
11.1 Arrival and departure times for accommodation at the Express by Holiday Inn Canterbury are 3:00 p.m. and Midday respectively. The access and vacate times for all other Facilities will be as specified in the Reservation Sheet and must be strictly adhered to by the Customer on all occasions.
11.2 The Customer is responsible for the behavior of those traveling with the customer and for any guests they have at the Express by Holiday Inn Canterbury and in particular for the orderly conduct of guests attending any function or staying in the Express by Holiday Inn Canterbury or otherwise making use of the Facilities. The Customer must ensure that no noise or nuisance is caused either for the Express by Holiday Inn Canterbury or its other guests and Customers. The Customer must comply with any reasonable request of the Express by Holiday Inn, Canterbury and with any policies of the Express by Holiday Inn Canterbury as may apply to the Facilities from time to time.
12. GENERAL TERMS FOR EXTERNAL CONTRACTORS AND INDEMNITY
12.1 The Express by Holiday Inn Canterbury must be notified by the Customer of any External Contractor the Customer proposes to use and must obtain the permission of the Express by Holiday Inn Canterbury to the use of the External Contractor at the Express by Holiday Inn Canterbury. The Express by Holiday Inn Canterbury reserves the right to refuse access to any External Contractor
12.2 The Customer must on request supply to the Express by Holiday Inn Canterbury copies of public liability insurance policies with a minimum limit of liability of £5 million per claim or such other insurance as may be required from the Express by Holiday Inn Canterbury and the receipts for the last premium due for all External Contractors to cover as a minimum any damage or injury to the Express by Holiday Inn Canterbury or any of its property, staff, any plant and equipment of the Express by Holiday Inn Canterbury, any guest of the Customer or the Express by Holiday Inn Canterbury or of any Customer resulting from any activity of the External Contractor or arising out of the External Contractor being on the premises of the Express by Holiday Inn Canterbury or in respect of any equipment brought onto the Express by Holiday Inn Canterbury premises by the External Contractor.
12.3 Any electrical, audio visual equipment the Customer wishes to use that is not the property of the Express by Holiday Inn Canterbury can only be brought into the Express by Holiday Inn Canterbury and used with the Express by Holiday Inn Canterbury’s written permission. All such equipment must comply with the I.E.E. regulations and safety standards. The Express by Holiday Inn Canterbury may at its discretion arrange for its own contractors to inspect any such equipment. The cost of such inspection shall be borne by the Customer. The Customer will comply with any requirement or direction imposed by the Express by Holiday Inn Canterbury following such inspection.
12.4 The Customer will comply with the policies of the Express by Holiday Inn Canterbury in connection with the construction of any stand, exhibition stand, scaffolding, the use of any plant and equipment that it wishes to bring into the Express by Holiday Inn Canterbury and as may generally apply from time to time.
12.5 The Customer will indemnify the Express by Holiday Inn Canterbury in connection with any loss or damage caused to the Express by Holiday Inn Canterbury, its staff, contractors, clients and guests or to any property of the Express by Holiday Inn Canterbury or any such persons arising out of the engagement of any External Contractors or if the Client itself brings onto the premises any equipment, plant or machinery in respect of any loss, damage, costs including legal costs that the Express by Holiday Inn Canterbury shall incur.
12.6 The Customer is permitted to use its own signage subject to complying with the generality of the Contract or any policies of the Express by Holiday Inn Canterbury for the use of such signage from time to time within the private meeting rooms or suites designated for the Customers use. No signage is permitted by the Express by Holiday Inn Canterbury in any other part of the Express by Holiday Inn Canterbury and in particular within the public areas.
12.7 The Customer will comply with the terms applying to photography as set out in clause 16.
13. CCTV
In the public areas of the Express by Holiday Inn Canterbury and some staff areas CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of the Express by Holiday Inn Canterbury and security for all its Customers and staff.
14. ACCOMMODATION CONTRACTS
14.1 For Facilities involving accommodation, the Customer must supply the names of anyone accompanying them and in the case of groups a rooming list. This is to be given to the relevant contact of the Express by Holiday Inn Canterbury on the date(s) calculated by reference to the Schedule. Failure to provide these details by this time will be deemed cancellation of the booking and the cancellation charges detailed in the Contract will be applicable. Cancellation charges will also be payable should the number of rooms required reduce by more than 10% of the total specified in the Reservation Sheet based on the total numbers cancelled.
14.2 If the Facilities required and the number of rooms required increases after the time of final notification this change must be previously agreed by the Express by Holiday Inn Canterbury and the charges payable shall be increased by the amount specified by the Express by Holiday Inn Canterbury for such increase.
15. DINING OR MEETING CONTRACTS
15.1 For dining or meeting events as specified in the Reservation Sheet, final numbers must be received by the contact of the Express by Holiday Inn Canterbury no less than 48 hours prior to the Reservation Date. Should the number of guests reduce by more than 10% of the total in the Contract, cancellation charges as set out in the Contract will apply and must be paid by the Customer based on the total numbers cancelled.
16. PHOTOGRAPHY
16.1 The provisions set out in these conditions apply to the taking of and use of any and all types of images (whether still or moving), filming and/or video photography by any means and in any media including without limitation digital imaging ("photography"):
16.1.1 within The Express by Holiday Inn Canterbury; and/or
16.1.2 which includes in any manner "the Express by Holiday Inn Canterbury " name and logo trade marks (registered or unregistered) ("the trade marks").
16.2 You acknowledge that the written consent of a manager of the Express by Holiday Inn Canterbury is required for the exploitation of photography at the Express by Holiday Inn Canterbury.
16.3 You must show any photography to the Express by Holiday Inn Canterbury before such consent will be given and the person undertaking photography must agree directly with the Express by Holiday Inn Canterbury to accept the terms in these conditions prior to undertaking such photography.
16.4 You warrant for yourself and your guests that:
16.4.1 the photography is not and will not be indecent, obscene, blasphemous or libelous nor in breach of any applicable law or regulation;
16.4.2 the photography does not and will not infringe the copyright or other intellectual property rights of any third party;
16.4.3 the photography does not and will not infringe any rights of privacy, personality or any other right whatsoever of any third party;
16.4.4 the photography will not include the trade marks unless agreed by the Express by Holiday Inn Canterbury in writing.
16.5 You agree to indemnify and hold The Express by Holiday Inn Canterbury harmless against any and all damages, costs and expenses (including reasonable legal fees) incurred in connection with any claim, demand, action or proceedings arising from:
16.5.1 the use or exploitation of the photography by you/your guests or any third party; and/or
16.5.2 a breach of any warranty given by you or such guest under clause 16.4.
17. GENERAL
17.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
17.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.4 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
18 SCHEDULE OF DEPOSITS AND PAYMENTS AND CANCELLATION TERMS
18.1 INDIVIDUAL ROOM BOOKINGS
To confirm booking at any time a credit card guarantee is required or a deposit paid by cheque, BACS or cash equivalent to one night’s accommodation is required. .From 2pm on day prior to the arrival date the full room charge for one nights accommodation will be taken from the credit card or deposit for cancellation or for non arrival.
Upon arrival full payment is to be taken for the accommodation and upon departure the final payment must be made for any extra’s purchased whilst at the hotel.
*Where account facilities have been confirmed no credit card guarantee or deposit is required but the account is payable in full upon receipt of invoice.
18.2 GROUP ROOM BOOKINGS (5 Rooms or over)
Reservations for 5 rooms or more will have the prices set for each individual group booking.
The payment details and the cancellation conditions will be advised at the time of receipt of the group booking. Adherence to these conditions is necessary to avoid cancellation of the reservation.
The Express by Holiday Inn Canterbury reserves the right to charge the person making the booking, any guest or third party in full for any damage caused to the Hotel or its property by any member of the group or their guests.
These bookings will be subject to our Terms and Conditions outlined in the above clauses.
18.3 CONFERENCES /MEETINGS BOOKINGS
To confirm booking at any time a deposit of a credit card guarantee is required or a deposit paid by cheque, BACS or cash equivalent to at least one days room hire is required. Where account facilities have been arranged and confirmed in advance no credit card guarantee or deposit is required but the account is payable in full upon receipt of invoice. In the case of a cancellation within 14 days of the event taking place this deposit will be non refundable.
Full payment for the conference/meeting is required on the day where no account facilities have been pre-arranged
Equipment can be provided from within the hotel at a cost, however, should a customer wish to bring outside equipment into the hotel at the discretion of the management, evidence must be provided to ensure that it has been tested and is safe to use. The Express by Holiday Inn Canterbury will accept no liability for outside equipment brought into the hotel, and would insist that compliance with the rules as set out in the Health and Safety at Work Act is complied with. For any third party contractors visiting the hotel (such as Bands and Entertainers) under your instruction you must ensure current and adequate Public Liability Insurance must be in place. Copies of electrical testing certificates and insurance policies must be made available to the hotel management on request. It is the customer’s responsibility to ensure that any outside supplier fully complies with all regulations. The hotel reserves the right to charge any third party or guest in full for any damages caused to the hotel or its property during any event. Guests are advised that children are the responsibility of their parents at all times.
Please be advised that for all meetings and reservations the hotel does have a cancellation policy. Guest numbers can of course be changed, however if the number goes down significantly within 14 days of the meeting, then cancellation charges may be applied at the discretion of the hotel management. The hotel also reserves the right if guest numbers are significantly reduced to re-allocate the designated function room, to one or more relevant to the size of the event. All non arrivals on the day of any event will be charged for in full
18.4 CORPORATE DINNERS & EVENTS
At the time of booking an event a non-refundable deposit of 10% must be paid.
The balance for this event is due 14 days prior to it taking place (except Christmas and New Year Events which must be paid in full by 1 November or in full at the time of booking if booked after 1 November), unless you have arranged credit facilities in advance with the hotel.
Equipment can be provided from within the hotel at a cost, however, should a customer wish to bring outside equipment into the hotel at the discretion of the management, evidence must be provided to ensure that it has been tested and is safe to use. The Express by Holiday Inn Canterbury will accept no liability for outside equipment brought into the hotel, and would insist that compliance with the rules as set out in the Health and Safety at Work Act is complied with. For any third party contractors visiting the hotel (such as Bands and Entertainers) under your instruction you must ensure current and adequate Public Liability Insurance must be in place. Copies of electrical testing certificates and insurance policies must be made available to the hotel management on request. It is the customer’s responsibility to ensure that any outside supplier fully complies with all regulations. The hotel reserves the right to charge any third party or guest in full for any damages caused to the hotel or its property during any event. Guests are advised that children are the responsibility of their parents at all times.
Please be advised that for all meetings and reservations the hotel does have a cancellation policy. Guest numbers can of course be changed, however if the number goes down significantly, the cancellation charges may be applied at the discretion of the hotel management. The hotel also reserves the right if guest numbers are significantly reduced to re-allocate the designated function room, to one or more relevant to the size of the event. All non arrivals on the day of any event will be charged for in full. Here is how the cancellation policy is applied:-
Enquiry Date greater than 3 months prior to Arrival 10% of Proforma Invoice - Deposit within 5 working days to confirm reservation. None : If Deposit not paid within 5 days reservation cancelled
3 Months or less 50% of Proforma (or additional 40% to bring total to 50%) - Deposit as above 50% of Deposit Paid 10 working days before Arrival ROOMING LIST TO BE PROVIDED plus further 25% of Proforma Invoice (to bring the total Deposit to 75% minimum) 100% of Deposit Paid (Reduction of 10% constitutes cancellation of those numbers)
On Arrival Payment in full to have been received or credit card swiped and signature verified to guarantee full payment.
On departure payment is required in full.
Clauses 1 to 13, clause 16 and the Schedule of the Terms apply to all Contracts. Clauses 14 and 15 refer to particular facilities.
Customers are invited to read these provisions and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of the Express by Holiday Inn Canterbury.
TERMS OF SUPPLY
1. INTERPRETATION
1.1 In these Conditions:
"Arrival" means the date on which the Facilities are to be provided or shall start to be provided by the Express by Holiday Inn Canterbury;
"Customer" means the person named on the Reservation Sheet (and includes those traveling with the customer) for whom the Express by Holiday Inn Canterbury has agreed to provide the Facilities in accordance with these Terms;
"Contract" means the contract for the provision of the Facilities including these Terms and, as appropriate, a Reservation Sheet;
"Deposit" means the payment specified in clause 5 and Schedule;
"External Contractor" means production companies, audio visual companies, television, video or film crews, musicians, bands, live acts and any other performers, toastmasters, florists, photographers and designers and any other person who is contracted by the Customer in connection with any of the Facilities.
"Facilities" means the provision of accommodation, function room hire and/or supply of food and beverages and other facilities by the Express by Holiday Inn Canterbury for the Customer;
"Initial Enquiry" means the date recorded by the Express by Holiday Inn Canterbury for the first enquiry made by the Customer for the Facilities;
"Proforma Invoice" means a written statement issued by the Ramada Dover for the first enquiry made by the client for the Facilities;
"Reservation Sheet" means the letter, fax, schedule, Proforma Invoice or invoice describing the facilities, charges and relevant details for a reservation;
"Rates" are quoted including the applicable VAT in the UK and as "net" rates. Exceptions apply only when stated different. There is no commission payable on the rate booked - be it to the customer or a third party;
"Schedule" The Schedule of deposits and payments and cancellation terms annexed to this Agreement;
"Standard Charges" means the charges shown in any brochure of the Ramada Dover or other published literature relating to the Facilities in force from time to time;
"Terms" means these terms and conditions.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. PROVISIONAL RESERVATION AND CONFIRMATION OF RESERVATIONS
2.1 This Contract is conditional on the payment of a Deposit or the Customer supplying credit card or charge card or debit card details and the authority for charges to be deducted (including cancellation charges) on the payment terms outlined in the Schedule and the Express by Holiday Inn Canterbury confirming the reservation to the Customer.
2.2 If the relevant condition is not met then subject to any outstanding obligation due to the Express by Holiday Inn Canterbury from the Customer the Contract will cease to be of effect. The Facilities that are the subject of the provisional reservation will be released back into the inventory of the Express by Holiday Inn Canterbury and may be resold without any further notification to the Client.
2.3 The Contract will be given a reference by the Express by Holiday Inn Canterbury when the condition under clause 2.1 is satisfied. The reference must be quoted by the Customer in all dealings with the Express by Holiday Inn Canterbury.
3. SUPPLY OF THE FACILITIES
3.1 The Express by Holiday Inn Canterbury shall provide the Facilities to the Customer subject to the Contract.
3.2 The Customer shall at its own expense supply the Express by Holiday Inn Canterbury with all necessary data or other information relating to the Facilities required within sufficient time to enable the Express by Holiday Inn Canterbury to provide the Facilities in accordance with the Contract. The Customer shall ensure the accuracy of all such specific information requirements are contained in clauses 14 and 15 and the Schedule.
3.3 The Facilities shall be provided in accordance with the Reservation Sheet and otherwise in accordance with the Express by Holiday Inn Canterbury current brochure or other published literature relating to the Facilities from time to time and in accordance with these Terms.
3.4 The Express by Holiday Inn Canterbury may at any time without notifying the Customer make any changes to the Facilities which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Facilities.
4. CHARGES
4.1 The charges payable by the Customer shall be as set out in the Reservation Sheet. If no charges are specified or additional and varied Facilities are provided to the Customer, the Customer shall pay the Standard Charges at the prevailing rate on the day the Facilities are provided and any additional sums which are agreed between the Express by Holiday Inn Canterbury and the Customer for the provision of the Facilities.
4.2 The Express by Holiday Inn Canterbury has the right to vary the Standard Charges from time to time.
4.3 All charges quoted to the Customer for the provision of the Facilities are inclusive of any Value Added Tax at the applicable rate at the tax point unless otherwise stated.
4.4 The Customer will be liable for the full cost of any damage caused by the customer to the property or Facilities at the Express by Holiday Inn Canterbury
5. DEPOSIT PAYMENTS
5.1 Deposits are non refundable.
5.2 The different requirements for Deposits are set out in the Schedule.
6. PAYMENT
6.1 The payments to the Express by Holiday Inn Canterbury to be made by the Customer (including Deposits) are to be made on the date(s) and in the amounts to be calculated as specified in the Schedule.
6.2 If any Terms or details in the Reservation Sheet are varied prior to the Reservation Date then the payment made will be that reflecting the latest details contained in the Reservation Sheet.
6.3 Any additional charges due to the Express by Holiday Inn Canterbury from the Customer for the Facilities shall be paid by the Customer on presentation of an invoice or if otherwise agreed in the Reservation Sheet within seven days of the date of the invoice supplied to the Customer by the Express by Holiday Inn Canterbury.
6.4 Payment methods may include payment by credit or charge cards or by direct transfer to the bank of the Express by Holiday Inn Canterbury (HSBC bank, sort code 40 18 41: , account number:12368455 ).Payments made direct to the bank account must be made in sufficient time for notification to be given to the contact of the Express by Holiday Inn Canterbury for the Facilities being provided.
6.5 The Express by Holiday Inn Canterbury will not accept payments offered by a Customer who is using a third party credit card. The Express by Holiday Inn Canterbury will only accept payment offered by Customer who is the named holder of the relevant credit card.
6.6 The Express by Holiday Inn Canterbury is authorized by the Customer to obtain payment of charges from a credit or charge card the details of which including the number and expiry date have been proffered by the Client to the Express by Holiday Inn Canterbury for the purpose of payment under the provisions of Clause 2.1 of these Terms.
7. CANCELLATION CHARGES ("NO SHOWS")
7.1 The Customer agrees to pay charges to the Express by Holiday Inn Canterbury in the event of cancellation of the Facilities or if the Customer and/or their guests fail to take up the Facilities at the time and on the day specified in the Contract. The cancellation charges are calculated by reference to the Schedule attached.
7.2 The Express by Holiday Inn Canterbury will provide a cancellation number to a Customer in the event of the Customer making a cancellation and that number must be used in any future dealings with the Express by Holiday Inn Canterbury.
8. VARIATION IN FACILITIES REQUIRED
8.1 Any variation of numbers, accommodation and food and beverage requirements specified for the Facilities or other changes or additions must be agreed between the Customer and the Express by Holiday Inn Canterbury in writing.
8.2 Terms for the variation of numbers and Facilities are included in clauses 14 and 15.
9. LIABILITY OF EXPRESS BY HOLIDAY INN CANTERBURY
9.1 The Express by Holiday Inn Canterbury will provide the Facilities using reasonable care and skill and as far as reasonably possible, in accordance with the details referred to in the Reservation Sheet or in accordance with standards applicable to a hotel of the quality of the Express by Holiday Inn Canterbury if no Reservation Sheet is applicable.
9.2 When the Express by Holiday Inn Canterbury supplies the Facilities which include any services supplied by a third party, the Express by Holiday Inn Canterbury does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the services to the Express by Holiday Inn Canterbury.
9.3 The Express by Holiday Inn shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
9.4 Except in respect of death or personal injury caused by the Express by Holiday Inn Canterbury’s negligence, or as expressly provided in these Terms, the Express by Holiday Inn shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Express by Holiday Inn Canterbury, its servants or agents or otherwise) which arise out of or in connection with the provision of the Facilities (including any delay in providing or failure to provide the Facilities) or their use by the Customer, and the entire liability of the Express by Holiday Inn Canterbury under on in connection with the Contract shall not exceed the amount of the Express by Holiday Inn Canterbury charges for the provision of the Facilities, except as expressly provided in these Terms.
9.5 The Express by Holiday Inn Canterbury shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Express by Holiday Inn Canterbury’s obligations in relation to the Facilities, if the delay or failure was due to any cause beyond the Express by Holiday Inn Canterbury 's reasonable control.
9.6 The Express by Holiday Inn Canterbury is not liable for any loss or damage to the property of the Customer or any person as may occur within the constraints of the Hotel Proprietors Act 1956.
10. TERMINATION
The Express by Holiday Inn Canterbury may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Customer if the Customer commits any breach of these Terms, or if the Customer goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
11. CLIENT RESPONSIBILITIES
11.1 Arrival and departure times for accommodation at the Express by Holiday Inn Canterbury are 3:00 p.m. and Midday respectively. The access and vacate times for all other Facilities will be as specified in the Reservation Sheet and must be strictly adhered to by the Customer on all occasions.
11.2 The Customer is responsible for the behavior of those traveling with the customer and for any guests they have at the Express by Holiday Inn Canterbury and in particular for the orderly conduct of guests attending any function or staying in the Express by Holiday Inn Canterbury or otherwise making use of the Facilities. The Customer must ensure that no noise or nuisance is caused either for the Express by Holiday Inn Canterbury or its other guests and Customers. The Customer must comply with any reasonable request of the Express by Holiday Inn, Canterbury and with any policies of the Express by Holiday Inn Canterbury as may apply to the Facilities from time to time.
12. GENERAL TERMS FOR EXTERNAL CONTRACTORS AND INDEMNITY
12.1 The Express by Holiday Inn Canterbury must be notified by the Customer of any External Contractor the Customer proposes to use and must obtain the permission of the Express by Holiday Inn Canterbury to the use of the External Contractor at the Express by Holiday Inn Canterbury. The Express by Holiday Inn Canterbury reserves the right to refuse access to any External Contractor
12.2 The Customer must on request supply to the Express by Holiday Inn Canterbury copies of public liability insurance policies with a minimum limit of liability of £5 million per claim or such other insurance as may be required from the Express by Holiday Inn Canterbury and the receipts for the last premium due for all External Contractors to cover as a minimum any damage or injury to the Express by Holiday Inn Canterbury or any of its property, staff, any plant and equipment of the Express by Holiday Inn Canterbury, any guest of the Customer or the Express by Holiday Inn Canterbury or of any Customer resulting from any activity of the External Contractor or arising out of the External Contractor being on the premises of the Express by Holiday Inn Canterbury or in respect of any equipment brought onto the Express by Holiday Inn Canterbury premises by the External Contractor.
12.3 Any electrical, audio visual equipment the Customer wishes to use that is not the property of the Express by Holiday Inn Canterbury can only be brought into the Express by Holiday Inn Canterbury and used with the Express by Holiday Inn Canterbury’s written permission. All such equipment must comply with the I.E.E. regulations and safety standards. The Express by Holiday Inn Canterbury may at its discretion arrange for its own contractors to inspect any such equipment. The cost of such inspection shall be borne by the Customer. The Customer will comply with any requirement or direction imposed by the Express by Holiday Inn Canterbury following such inspection.
12.4 The Customer will comply with the policies of the Express by Holiday Inn Canterbury in connection with the construction of any stand, exhibition stand, scaffolding, the use of any plant and equipment that it wishes to bring into the Express by Holiday Inn Canterbury and as may generally apply from time to time.
12.5 The Customer will indemnify the Express by Holiday Inn Canterbury in connection with any loss or damage caused to the Express by Holiday Inn Canterbury, its staff, contractors, clients and guests or to any property of the Express by Holiday Inn Canterbury or any such persons arising out of the engagement of any External Contractors or if the Client itself brings onto the premises any equipment, plant or machinery in respect of any loss, damage, costs including legal costs that the Express by Holiday Inn Canterbury shall incur.
12.6 The Customer is permitted to use its own signage subject to complying with the generality of the Contract or any policies of the Express by Holiday Inn Canterbury for the use of such signage from time to time within the private meeting rooms or suites designated for the Customers use. No signage is permitted by the Express by Holiday Inn Canterbury in any other part of the Express by Holiday Inn Canterbury and in particular within the public areas.
12.7 The Customer will comply with the terms applying to photography as set out in clause 16.
13. CCTV
In the public areas of the Express by Holiday Inn Canterbury and some staff areas CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of the Express by Holiday Inn Canterbury and security for all its Customers and staff.
14. ACCOMMODATION CONTRACTS
14.1 For Facilities involving accommodation, the Customer must supply the names of anyone accompanying them and in the case of groups a rooming list. This is to be given to the relevant contact of the Express by Holiday Inn Canterbury on the date(s) calculated by reference to the Schedule. Failure to provide these details by this time will be deemed cancellation of the booking and the cancellation charges detailed in the Contract will be applicable. Cancellation charges will also be payable should the number of rooms required reduce by more than 10% of the total specified in the Reservation Sheet based on the total numbers cancelled.
14.2 If the Facilities required and the number of rooms required increases after the time of final notification this change must be previously agreed by the Express by Holiday Inn Canterbury and the charges payable shall be increased by the amount specified by the Express by Holiday Inn Canterbury for such increase.
15. DINING OR MEETING CONTRACTS
15.1 For dining or meeting events as specified in the Reservation Sheet, final numbers must be received by the contact of the Express by Holiday Inn Canterbury no less than 48 hours prior to the Reservation Date. Should the number of guests reduce by more than 10% of the total in the Contract, cancellation charges as set out in the Contract will apply and must be paid by the Customer based on the total numbers cancelled.
16. PHOTOGRAPHY
16.1 The provisions set out in these conditions apply to the taking of and use of any and all types of images (whether still or moving), filming and/or video photography by any means and in any media including without limitation digital imaging ("photography"):
16.1.1 within The Express by Holiday Inn Canterbury; and/or
16.1.2 which includes in any manner "the Express by Holiday Inn Canterbury " name and logo trade marks (registered or unregistered) ("the trade marks").
16.2 You acknowledge that the written consent of a manager of the Express by Holiday Inn Canterbury is required for the exploitation of photography at the Express by Holiday Inn Canterbury.
16.3 You must show any photography to the Express by Holiday Inn Canterbury before such consent will be given and the person undertaking photography must agree directly with the Express by Holiday Inn Canterbury to accept the terms in these conditions prior to undertaking such photography.
16.4 You warrant for yourself and your guests that:
16.4.1 the photography is not and will not be indecent, obscene, blasphemous or libelous nor in breach of any applicable law or regulation;
16.4.2 the photography does not and will not infringe the copyright or other intellectual property rights of any third party;
16.4.3 the photography does not and will not infringe any rights of privacy, personality or any other right whatsoever of any third party;
16.4.4 the photography will not include the trade marks unless agreed by the Express by Holiday Inn Canterbury in writing.
16.5 You agree to indemnify and hold The Express by Holiday Inn Canterbury harmless against any and all damages, costs and expenses (including reasonable legal fees) incurred in connection with any claim, demand, action or proceedings arising from:
16.5.1 the use or exploitation of the photography by you/your guests or any third party; and/or
16.5.2 a breach of any warranty given by you or such guest under clause 16.4.
17. GENERAL
17.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
17.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.4 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
18 SCHEDULE OF DEPOSITS AND PAYMENTS AND CANCELLATION TERMS
18.1 INDIVIDUAL ROOM BOOKINGS
To confirm booking at any time a credit card guarantee is required or a deposit paid by cheque, BACS or cash equivalent to one night’s accommodation is required. .From 2pm on day prior to the arrival date the full room charge for one nights accommodation will be taken from the credit card or deposit for cancellation or for non arrival.
Upon arrival full payment is to be taken for the accommodation and upon departure the final payment must be made for any extra’s purchased whilst at the hotel.
*Where account facilities have been confirmed no credit card guarantee or deposit is required but the account is payable in full upon receipt of invoice.
18.2 GROUP ROOM BOOKINGS (5 Rooms or over)
Reservations for 5 rooms or more will have the prices set for each individual group booking.
The payment details and the cancellation conditions will be advised at the time of receipt of the group booking. Adherence to these conditions is necessary to avoid cancellation of the reservation.
The Express by Holiday Inn Canterbury reserves the right to charge the person making the booking, any guest or third party in full for any damage caused to the Hotel or its property by any member of the group or their guests.
These bookings will be subject to our Terms and Conditions outlined in the above clauses.
18.3 CONFERENCES /MEETINGS BOOKINGS
To confirm booking at any time a deposit of a credit card guarantee is required or a deposit paid by cheque, BACS or cash equivalent to at least one days room hire is required. Where account facilities have been arranged and confirmed in advance no credit card guarantee or deposit is required but the account is payable in full upon receipt of invoice. In the case of a cancellation within 14 days of the event taking place this deposit will be non refundable.
Full payment for the conference/meeting is required on the day where no account facilities have been pre-arranged
Equipment can be provided from within the hotel at a cost, however, should a customer wish to bring outside equipment into the hotel at the discretion of the management, evidence must be provided to ensure that it has been tested and is safe to use. The Express by Holiday Inn Canterbury will accept no liability for outside equipment brought into the hotel, and would insist that compliance with the rules as set out in the Health and Safety at Work Act is complied with. For any third party contractors visiting the hotel (such as Bands and Entertainers) under your instruction you must ensure current and adequate Public Liability Insurance must be in place. Copies of electrical testing certificates and insurance policies must be made available to the hotel management on request. It is the customer’s responsibility to ensure that any outside supplier fully complies with all regulations. The hotel reserves the right to charge any third party or guest in full for any damages caused to the hotel or its property during any event. Guests are advised that children are the responsibility of their parents at all times.
Please be advised that for all meetings and reservations the hotel does have a cancellation policy. Guest numbers can of course be changed, however if the number goes down significantly within 14 days of the meeting, then cancellation charges may be applied at the discretion of the hotel management. The hotel also reserves the right if guest numbers are significantly reduced to re-allocate the designated function room, to one or more relevant to the size of the event. All non arrivals on the day of any event will be charged for in full
18.4 CORPORATE DINNERS & EVENTS
At the time of booking an event a non-refundable deposit of 10% must be paid.
The balance for this event is due 14 days prior to it taking place (except Christmas and New Year Events which must be paid in full by 1 November or in full at the time of booking if booked after 1 November), unless you have arranged credit facilities in advance with the hotel.
Equipment can be provided from within the hotel at a cost, however, should a customer wish to bring outside equipment into the hotel at the discretion of the management, evidence must be provided to ensure that it has been tested and is safe to use. The Express by Holiday Inn Canterbury will accept no liability for outside equipment brought into the hotel, and would insist that compliance with the rules as set out in the Health and Safety at Work Act is complied with. For any third party contractors visiting the hotel (such as Bands and Entertainers) under your instruction you must ensure current and adequate Public Liability Insurance must be in place. Copies of electrical testing certificates and insurance policies must be made available to the hotel management on request. It is the customer’s responsibility to ensure that any outside supplier fully complies with all regulations. The hotel reserves the right to charge any third party or guest in full for any damages caused to the hotel or its property during any event. Guests are advised that children are the responsibility of their parents at all times.
Please be advised that for all meetings and reservations the hotel does have a cancellation policy. Guest numbers can of course be changed, however if the number goes down significantly, the cancellation charges may be applied at the discretion of the hotel management. The hotel also reserves the right if guest numbers are significantly reduced to re-allocate the designated function room, to one or more relevant to the size of the event. All non arrivals on the day of any event will be charged for in full. Here is how the cancellation policy is applied:-
| Date of Cancellation | Cancellation charge payable by Customer |
| 24 to 12 weeks prior to the function | 10% of total booking value |
| 12 to 6 weeks prior to the function | 20% of total booking value |
| 6 to 4 weeks prior to the function | 30% of total booking value |
| 3 to 2 weeks prior to the function | 70% of total booking value |
| Less than 2 weeks prior to the function | 90% of total booking value |
Enquiry Date greater than 3 months prior to Arrival 10% of Proforma Invoice - Deposit within 5 working days to confirm reservation. None : If Deposit not paid within 5 days reservation cancelled
3 Months or less 50% of Proforma (or additional 40% to bring total to 50%) - Deposit as above 50% of Deposit Paid 10 working days before Arrival ROOMING LIST TO BE PROVIDED plus further 25% of Proforma Invoice (to bring the total Deposit to 75% minimum) 100% of Deposit Paid (Reduction of 10% constitutes cancellation of those numbers)
On Arrival Payment in full to have been received or credit card swiped and signature verified to guarantee full payment.
On departure payment is required in full.
