Terms and Conditions
These Terms and Conditions set out the basis on which we will provide you with certain services and facilities at Shilstone House for Weddings and other private functions. If you consider that any of these Terms and Conditions are unacceptable or unfair in any way, please let us know before signing the acceptance of the Quotation. We will consider your concerns and meet your reasonable requests where possible.
The definitions in this clause apply to these Terms
This acts as your booking form. It sets out the primary costs agreed by you and Shilstone House and the principal agreements. Provided by us and signed by you.
Those parts of Shilstone as required for the Event and as specified on the Quotation.
The Wedding, party, or other private function which will be held at The Venue on the date set out on the Quotation.
Any Third Party other than a Third Party Contractor who you invite to attend the Event or who otherwise becomes involved with the Event by association with you;
The Services that we agree to provide to you as set out in the Quotation.
The Terms and Conditions set out in this document
Third Party Contractor(s)
Any third party that you contact or request to be involved with the Event.
‘The Shilstone Kitchen’ or ‘The Shilstone Kitchen Team’
The provider of all food and beverages at Shilstone.
- Basics of Sale and Application of this Agreement
2.1 We consider these Terms and the Quotation to set out the whole agreement between you and Shilstone for the supply of the Service.
2.2 Please check that the details in these Terms and Quotation are complete and accurate before you commit yourself to the agreement. If you think that there is a mistake, please make sure you ask us to confirm any changes in writing. You will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.4.
2.3 All staffing, food (excluding confectionary wedding cake) and beverages will be provided solely by Shilstone unless otherwise agreed in writing by Shilstone.
2.4 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, brochures or website are issued solely to provide you with an approximate idea of the services and venues they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
2.5 The signed Quotation is an offer to you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion. The contract will be formed when:
2.5.1. We receive your non-refundable booking fee, which will be no less than £2,000 as specified on the Quotation; and
2.5.2. We confirm to you in writing that we have received and accepted your Quotation and the deposit fee referred to in clause 2.5.1.
2.6. We give Quotations on the basis that no contract shall come into existence except in accordance with clause 2.5. Any Quotation is valid for a period of thirty (30) days from its date unless we withdraw it.
- Cancellation or Amendment of your booking
3.1. You may cancel your booking by providing us with written notice at any time before the Event. However, if you cancel the Event, we will have incurred costs preparing for the Event. Therefore, if you cancel your booking under this clause, you will be liable to pay the following sums to us:
3.1.1 If you cancel any time between the dates on which you make your booking and twelve (12) months before the Event:
We will be entitled to keep all monies paid, including the non-refundable deposit you have paid in accordance with clause 10.1.
3.1.2 If you cancel 12 months or less before the Event:
We will be entitled to keep the non-refundable deposit you have paid in accordance with clause 10.1. and you will be liable for the balance of the venue charge plus 50% of all other quoted charges.
3.1.3. If you cancel less than two calendar months before the Event: You will be liable for the total sum due for the Event as specified in the Quotation, as signed by you.
3.1.4. If you cancel less than six weeks before the Event:
You will be liable for all charges associated with the wedding, including food and drink.
3.2 You may ask us to amend your booking at any time before the Event. We will consider your proposed amendment and let you know if we are able to comply with it and any cost effect. If you decide you would like to go ahead with the amendment we will amend the details or your booking to reflect this, notify you of any cost implications and ask for you to sign an agreement binding you to this new arrangement.
3.3 Where your amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for the amendment or cancellation.
3.4 We may terminate the Contract with immediate effect by giving written notice to you if:
3.4.1. You fail to pay any amount due under the Contract on the due date for payment and remain in default not less than seven (7) days.
3.4.2 You commit a significant breach of the Contract and the breach cannot be put right; or
3.4.3 You commit a significant breach of the Contract and the breach can be put right but you fail to do so within thirty (30) days from the date we tell you about the breach
4. Our Obligations
4.1 We will provide Services which:
4.1.1. Conform in all material respects with their description;
4.1.2. Are carried out with reasonable care and skill;
4.1.3. Are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services; and
4.1.4 Comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom. Terms.
4.3. We agree to:
4.3.1. Provide the Services;
4.3.2. Meet any performance dates specified in the Quotation;
4.3.3. Comply with all health and safety rules and regulations, and any other reasonable security or service requirements that apply at the Venue;
- Your Obligations
5.1. You agree:
5.1.1. To comply and to ensure that your Guests and your Third Party Contractor(s) comply with the house rules which are set out in Schedule 1 to these Terms; we reserve the right to change the house rules from time to time and we will notify you when we do.
5.1.2. To provide (in good time) any information that we may reasonably require in connection with providing the Services;
5.1.3. To ensure that any equipment you use during your Event is in good working order and is suitable for the purposes for which it is used;
5.1.4. That all equipment we supply will remain our exclusive property but shall be held by you at your own risk and kept in good condition until returned;
5.1.5. To supply us with the expected number and names of your Guests at least six (6) weeks in advance of the Event, and inform us of any disabilities or particularly special requirements (such as allergies) at least six (6) weeks in advance;
5.1.6 To ensure that the final number of Guests does not fall below 85% of the number of Guests as stated on your Quotation; if your Guest numbers fall lower than 85% detailed on the Quotation, you will still be liable for payment for costs associated with this. For weekday weddings (Monday to Friday) irrespective of the 15% decrease, adult day guest numbers cannot drop below 60 and on Saturdays cannot drop below 80.
5.1.7. To provide details of your required table and seating plans at least fourteen (14) days prior to the Event;
5.1.8. To comply and ensure that your Guests and Third Party Contractors comply with any licenses and consents relating to the Event, and any decision or recommendation given by a relevant licensing or entertainment authority.
5.1.9. All equipment that belongs to you, your Guests or Third Party Contractors is removed no later than 10.30am the day following the Event, unless otherwise agreed in advance with us in writing.
- Our Rights
6.1. We reserve the right:
6.1.1. To substitute menu items for items of a similar type and quality, to an equal or greater monetary value, having notified you in advance.
6.1.2. To refuse to host any entertainment or activities you arrange if they present a health and safety risk or do not comply with our internal policies and/or standards;
6.1.3. To cancel the Event or remove any Guest if at any time we believe that significant damage to the Venue, our equipment or our facilities has been caused or could be caused; and
6.1.4. To revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you make your booking, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply any booking you have already made.
6.1.5 The Event booker or Wedding couple are responsible for their Guests and Third Party’s actions. Guests and third parties are responsible for their own safety and your attention is drawn to 8.4.
- Third Party Contractors
7.1. You agree to provide a list of all Third Party Contractors to us at least six (6) weeks prior to the Event.
7.2. We do not accept any responsibility or liability for the acts or omissions of your Third Party Contractors.
7.3. You agree to provide us in advance (no less than six (6) weeks prior to the Event date) with a copy of such Third Party Contractors’ insurance policies, to cover any liability they may incur to us or to any third party in connection with the Event.
- Access to the Venue
8.1. You are welcome to visit the Venue in advance of the Event, provided you contact us to arrange a mutually convenient time for your visit.
8.2.1. Access to Shilstone on the day of your wedding will be no earlier than three hours prior to a ceremony or reception (if applicable) and in any case no earlier than 10.00am. Guest access to be no earlier than midday or one hour prior to the ceremony/reception.
8.2.2 Free car parking will be available at the Venue in an area designated by us. Cars and vehicles and any other item connected with your Event should be removed from Shilstone no later than 10.30am the day following the Event unless agreed in advance, in writing by us.
8.3. You agree to ensure, unless otherwise agreed in advance, in writing:
8.3.1. That the Event is brought to a close by the end of the time specified on the Booking Form (usually midnight). We may charge you £500 plus VAT per hour for every hour or part of an hour that the Event continues half an hour beyond this time; (usually 12.30am) and
8.3.2. That any accommodation used is vacated by 10.30 am on the day of departure, unless agreed otherwise, in advance, in writing, by us.
8.4. Guests and Third Parties should not enter or access any area that is marked private or is clearly cordoned off. This is for the safety of the property as well as the safety of you, your Guests and Third Parties.
- Health and Safety
9.1. You agree to ensure the following:
9.1.1. You, your Guests and your Third-Party Contractors will comply with all regulations, instructions and guidance we give you regarding health and safety at the Venue;
9.1.2. All materials and equipment brought to the Venue by you, your Guests and/or your Third Party Contractors will comply with all relevant health and safety laws and, as far as possible, will be made of non-flammable materials;
9.1.3. Fire exits and fire exit signs must not be obscured during the Event and, if necessary, adequate temporary signs must be erected;
9.1.4. Any electrical contractors are NICEICI, EEA or IEE registered and you will provide us with evidence of such affiliations if requested.
9.2. No items may be fixed to the walls, floors or ceilings of the Venue without our consent in writing.
9.3. Smoke machines, lasers, fireworks, cracked oil, dry ice or any form of pyrotechnic may not be used without our consent in writing.
9.4. Flammable lanterns, naked flames, candles and similar equipment are not permitted at the Venue or anywhere on Shilstone premises.
9.5. Fireworks are not permitted
9.6. We will take into account any particular dietary requirements you tell us about, but we do not guarantee that the environment in which your food is prepared will be free of nuts, wheat germ, eggs, dairy products or any other product that may cause a consumer to have an allergic reaction. We will need to know in advance, as stipulated in 5.1.5 where any
Guest or Third Party may have an allergy, and all reasonable efforts will be made to help protect this person from the known allergen.
9.7. We reserve the right to carry out an evacuation of the Venue both in a real emergency as far as is necessary to ensure compliance with health and safety legislation. We will not be liable for any resulting loss or damage or delay to the Event.
- Charges and Payment
10.1. The total price for the Services shall be the Venue Hire, as well as the costs of any additional Services or goods and facilities that may be supplied during the Event. You are required to pay a deposit of no less than £2,000 + (any VAT applicable at that time) towards the cost of the Venue Hire on the date you sign the Quotation confirming your booking with us and entering into the Contract.
10.2. We will issue an invoice or payments schedule based on the expected final number of Guests that you provide us with under clause 5.1.5, the Services to be provided and any other requirements agreed between us in advance. On the basis that we will have already incurred costs to cater for your expected Guest numbers, this amount will not be reduced if you receive fewer Guests than expected at the Event. The final payment required will be payable to the bank account we stipulated in our Quotation or any other bank account we give you details of, in writing, when required. The required funds will need to clear into our bank account no less than seven (7) days of us issuing it to you
10.3. We will make an additional charge for Guests who arrive at the Event unexpectedly. We will do our best to accommodate extra Guests until the maximum capacity of the Venue is reached.
10.4. After the Event we will issue a further invoice (the “Final Invoice”) based on the attendance of extra Guests (if any) and your use of any additional Services or facilities not agreed in advance. The Final Invoice will be payable within fourteen (14) days of issue to the bank account we stipulate in writing.
10.5. We reserve the right to increase beverage prices in order to reflect increases in the costs we must pay to our suppliers. We will notify you of any such price increases as soon as we become aware of them.
10.6. Please notify us as soon as possible if your billing address changes, or if you are unhappy with any item on your invoice.
10.7. If you fail to settle any of your invoices on time we may charge you interest on the overdue amount at the rate of 5% above the base lending rate of Lloyds Bank. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
10.8. If you fail to settle your payments schedule on time we may cancel or postpone the Event.
10.9. Any outstanding payments must be made immediately if this agreement is terminated.
10.10. We reserve the right to ask for your credit or debit card details in advance of the Event and to charge any outstanding amounts to this card.
10.11 You are advised to take out an insurance policy to cover any unforeseen circumstance.
- Limitation of Liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1. You acknowledge that if you, your Guests or your Third Party Contractors cause any damage to the Venue or to any of our property or equipment you will be responsible for such damage and we will be able to claim back our costs of putting the damage right from you.
11.2. Subject to clause 12, we shall not have any liability in any circumstance;
11.2.1. Loss of income or revenue;
11.2.2. Loss of business;
11.2.3. Loss of anticipated savings;
11.2.4. Loss of enjoyment;
11.2.5. Mental distress;
in each case whether direct, indirect, special and/or consequential loss or damage; or
11.2.7. For any other indirect, consequential and/or special loss or damage.
11.3. Subject to clause 12, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation and/or otherwise arising in connection with the performance, or contemplated performance, of our obligations under this agreement shall be limited to the price paid for the Venue Hire and the Services.
11.4. Nothing in this agreement limits or excludes in any way our liability:
11.4.1. For death or personal injury resulting from negligence; or
11.4.2. For fraud or fraudulent misrepresentation; or
11.4.3. For any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or
11.4.4. For any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Events Outside Our Control
12.1. We will not be liable or responsible for any failure to perform or delay in performance of, any of our Obligations under these Terms that is caused by Events outside our reasonable control
(Force Majeure Event).
12.2. A Force Majeure Event includes any act, Event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
12.2.1. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
12.2.2. Fire, explosion, vandalism, theft, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
12.3. Our Obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these Obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or Obligations under the Contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and Obligations under the Contract to another organisation, but this will not affect your rights under the Contract.
14.1. All notices sent by you to us must be sent to Shilstone House Offices, Shilstone, Modbury, Devon, PL21 0TW. E-mail is an informal method of communication and is subject to possible data corruption. For those reasons, it will normally be inappropriate to rely upon information contained in an e-mail without obtaining tangible written confirmation of it.
We may give notice to you at either the e-mail or postal address you provide to us on the quotation and/or contact sheet. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
14.2. This clause 14 shall not apply to the service of any document in any proceedings or other legal action.
- Data Protection and use of images
15.1. We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us in writing that you do not want to receive this information.
15.2. You acknowledge and agree that we may take photographs and/or video recordings of the Event to use for promotional purposes. You acknowledge and accept that your Guests’ entry to the Venue is conditional upon them consenting to this.
15.3. You acknowledge and agree to your wedding photographer/videographer providing photos/videos of the Event for our promotional purposes.
16.1. If any court or competent authority decides that any of the provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
16.2. If we fail, at any time while the Contract is in force, to insist that you perform any of your obligations under the Contract, or if we do not exercise any of our rights or remedies under the Contract, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the Contract shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3. A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.4. The Contract shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
We reserve the right to update these Terms and Conditions from time to time prior to the date of your wedding, particularly where new health and safety or other legislation dictates that we must do so, and for the smooth running of your Event.