Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Accommodation: The overnight accommodation at the Properties as part of your booking.

Booking: The written request from the Client for the provisions of Services including the event and Accommodation which Thief Hall agrees to provide subject to these terms and conditions.

Booking Form: The documents setting out the Client’s agreed Booking details at the time a Booking is confirmed.

Client, you, your: The person or persons making the Booking and named on the

Booking Form. All named Clients will be jointly and severally bound by the terms of the contract.

Conditions: These terms and conditions as amended from time to time.

Contract: The binding contract between Thief Hall and the Client for a Booking in accordance with these Conditions.

Deposit: The non-refundable and non-transferable fee payable to Thief Hall upon entering into the Contract to secure the Booking.

Event: The wedding or other function named in the Contract for which the Booking has been made by the Client.

Event Date: The Client’s agreed date for the Event as set out in the Booking Form.

Final Payment: The non-refundable balance of the Package Cost due to Thief Hall in relation to the Booking.

Invoice: Any invoice sent by Thief Hall in relation to the Event.

Package Cost: the total cost of the Event.

Payment: Includes the Deposit and the Final Payment.

Pre-Event Services: The services that we will provide to you prior to the Event Date.

Properties: Thief Hole Cottages at Thief Hole Lane, Thornton-le-Moor, Northallerton, North Yorkshire DL7 9EH

Services: the Venue hire and related services, including the Pre-Event Services and the event.

Thief Hall, our, us: Jessica Barker trading as Thief Hall and or Thief Hole Cottages.

Unexpected Event: Any event or circumstance that is not within our or your reasonable contract. A list of unexpected (force majeure) events is set out in clause 10.

Venue: Thief Hall, Thief Hole Lane, Thornton-le-Moor, Northallerton, North Yorkshire DL7 9EH

1.2 Interpretation:

(a) A reference to legislation or a legislative provision:

(i) is a reference to it as amended, extended or re-enacted from time to time; and

(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Basis of contract

2.1 The Booking constitutes an offer by the Client to purchase Services in accordance with these Conditions.

2.2 The Booking shall only be deemed to be accepted when Thief Hall issues written acceptance of the Booking (including the Deposit and the Booking Form) at which point and on which date the Contract shall come into existence.

2.3 The Contract shall govern the contractual relationship between Thief Hall and the Client in relation to the Client's booking of the facilities for the purposes of the Services.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.5 In the case of any inconsistency with any order, letter, or form or contract details sent by the Client to Thief Hall or any other communication between the Client and Thief Hall, the provisions of these Conditions shall prevail unless expressly varied in writing by Thief Hall.

3. Bookings

3.1 A provisional booking will be held for a period of seven days (Provisional Booking Period) without obligation (Provisional Booking). Thereafter, a date is not secure until the Deposit has been paid and a letter or email confirming the Deposit has been received is sent by Thief Hall to the Client. Payment of the Deposit and the acceptance by Thief Hall will constitute a formal Contract and acceptance of these Conditions.

3.2 A Contract is only made between Thief Hall and the Client after Thief Hall has received the Booking Form and payment of the Deposit in cleared funds and no Booking shall be binding on Thief Hall until the requirements of this clause have been met.

3.3 Bookings confirmed within 2 months of the Event are to be paid in full at the time of confirmation & therefore the date is not secure until Thief Hall has received the booking & payment in full with cleared funds. Payment in full needs to be accepted by Thief Hall with a formal Contract and acceptance of these Conditions.

3.4 Thief Hall reserves the right to cancel any Provisional Booking whereby both a completed Booking Form and Deposit have not been received within the Provisional Booking Period.

3.5 If only one person pays the Deposit, that person confirms that s/he has the authority to make the Booking on behalf of both persons. Thief Hall’s Contract will therefore be with both such persons.

4. Client’s obligations

4.1 The Client and persons attending the Event shall:

(a) comply with and use best efforts to ensure that the guests attending the Event comply with, all reasonable instructions given by Thief Hall intended to ensure the safety of the property and/or the people at the Venue;

(b) not carry out any electrical or other work at the Venue, including amplification and lighting, without Thief Halls prior written consent. Thief Hall reserves the right to refuse connection of water, electric or gas to the Clients equipment if such equipment is considered by Thief Hall to be unsafe.

(c) not bring dangerous or hazardous items into the Venue and remove such items promptly when requested to do so by a member of Thief Hall staff or any other authorised person; and

(d) not act in an improper or disorderly manner, leave promptly at the appropriate time and comply with any requests by Thief Hall or its employees.

4.2 The Venue (including the Properties) are non-smoking buildings. Smoking is permitted in designated smoking areas outside of the building. Smoking outside of these areas may result in additional charges. This includes the smoking of e-cigarettes.

4.3 Please note that Thief Hall operates a zero-tolerance policy on drugs and any illegal substance. If any guest is found to be under the influence, they will be removed from the Venue with immediate effect and the police notified.

4.4 Thief Hall reserves the right to refuse the sale, service or supply of alcohol to anybody exhibiting drunken or disorderly behaviour and to remove them from the Venue.

4.5 In relation to breakages Thief Hall may raise an Invoice to the Client to cover:

(a) any damage or breakage to the Venue (for the avoidance of doubt including the Properties) or its contents;

(b) any breakage or damage to, or failure to return, hired goods; or

(c) any additional cleaning services that may be required to restore the Venue (for the avoidance of doubt including the Properties) back to its original condition.

4.6 The Client shall be responsible for any venue key given to them or any of their party and any unreturned keys will incur a replacement charge, which is payable on demand.

4.7 The Client and all guests must take all necessary steps to safeguard them and their property including their vehicle and contents.

4.8 The Client and all guests are responsible for the Venue (for the avoidance of doubt including the Properties) & are expected to take reasonable care of the furniture, pictures, fittings & effects, in or on them. You must leave them in the same state of repair & in the same clean & tidy condition on departure as they were found.

4.9 The Client and all guests must not use the Properties/Venue for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.

5. Insurance

5.1 Subject to clause 5.3 below, you are required, as part of your Booking with us, to obtain wedding insurance that provides (as a minimum) sufficient cover for the risk of your Booking being unable to proceed as a result of an Unexpected Event. This is due to your financial commitments to us if your Booking is cancelled because of an Unexpected Event. You are also recommended to consider more comprehensive wedding insurance against your other risks (such as potential financial commitments to other suppliers for your wedding and your own expenditure if, for any reason other than an Unexpected Event, your Booking is cancelled or otherwise disrupted).

5.2 As part of your above obligation and our further recommendation to insure, we strongly recommend that you check with your insurance provider that the policy sufficiently covers your particular circumstances. For example: your payment obligations to us (and other wedding suppliers etc.) if your Booking is cancelled or postponed and other losses due to an Unexpected Event.

5.3 If you choose not to or are otherwise unable to obtain wedding insurance that provides sufficient cover for your risks under your Contract, you agree that this is at your own risk. We will, however, not treat you choosing not to take out insurance (or being unable to obtain insurance) as a breach by you of your Contract.

5.4 Should the wedding not go ahead for whatever reason, any payment received, including the Deposit and the Final Payment will be non-refundable, and for that reason insurance is strongly recommended.

6. Charges and payment

6.1 The Client will be liable to pay all the charges incurred for any Services provided by Thief Hall.

6.2 All charges payable by the Client shall be due by the due date on the Invoice.

6.3 Without prejudice to any other rights, Thief Hall reserves the right to charge interest on any overdue account (both before and after judgement) from the due date until payment at 4% per annum above the base rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%.

6.4 Thief Hall reserves the right to increase its rates to take into account any increases in taxes or government or legal charges imposed which are outside the control of Thief Hall. Any increases after the date of booking will be notified to the Client in writing and will be payable by the Client in substitution for the amounts originally notified to the Client by Thief Hall and the Client agrees that this will constitute a variation of the terms of the Contract accordingly.

6.5 Payment can be made by bank transfer, please ask for our bank details or via a free of charge link, please request link details.

6.6 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).

6.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Cancellation by the Client

7.1 If the Client needs to cancel the Booking, the Client must contact Thief Hall as soon as possible by telephone and follow up with a written confirmation by email of this wish to cancel to Thief Hall. The Event will be cancelled upon receipt by Thief Hall of the Client’s written confirmation. The Client should obtain insurance to cover against the potential cost of cancellation of the booking.

7.2 If the Client cancels the booking or is in breach of the Clause 6.1, any Payment received by Thief Hall, including any paid Deposit or Final Payment, is non-refundable.

7.3 Thief Hall and the Client agree that the charges set out in clause 7.2 above represent a genuine pre-estimate of Thief Hall’s losses that directly result from the Client’s cancelled Booking. This includes the costs of services provided to the Client before cancellation, the unavoidable expenses Thief Hall will incur and its direct loss of profit (including the value of the Client’s Event Date and likelihood of Thief Hall being able to rebook the Client’s cancelled Booking).

8. Transfer of the Event Date

8.1 All requests for the transfer of the Event Date must be notified in writing to Thief Hall in accordance with these terms and conditions and are subject to availability. The Client must include in the request, particulars of

(a) the original confirmed Event Date (as specified in the Booking Form) that the Client wishes to transfer and release; and

(b) the proposed new Event Date that the Client wishes to book.

8.2 A request by the Client to transfer the Event Date may only be revoked with the written consent of Thief Hall.

8.3 A request by the Client to transfer the Event Date will only be accepted and effective after Thief Hall has confirmed to the Client in writing: -

(a) that it has received the Client’s request (as required by these terms and conditions) to transfer the Event Date;

(b) that the proposed new Event Date is available for booking; and

8.4 The Client acknowledges that the amounts, may change as a result of the transfer to the new Event Date.

8.5 The following fees and charges are payable by the Client in respect of any transfer of the Event Date: -

(a) in any case, an administration fee of £100, which is due and payable by the Client at the date Thief Hall sends to the Client a new Booking Form in respect of the new Event Date;

(b) the price difference between the original Event Date and your new Event Date; and

9. Cancellation by Thief Hall

9.1 Thief Hall reserves the right to cancel the Event without liability to the Client and without any obligation to refund the payments paid in accordance with Clause 6 where:

(a) the Client is more than 21 days in arrears of payment to Thief Hall;

(b) the Event might, in Thief Hall’s opinion, prejudice its reputation; or

(c) the Client becomes bankrupt or makes any voluntary arrangement with its creditors or becomes subject to an administration order or an encumbrance takes possession of, or a receiver is appointed to any of the Client's property or assets.

9.2 If Thief Hall cancels the Event further to Clause 9.1, the Client must pay any losses and costs Thief Hall suffers because of the cancellation which are reasonably foreseeable to both the Client and Thief Hall when the Contract was entered into. Any Payments made by the Client prior to cancellation are non-refundable. Thief Hall and the Client agree that this represents a genuine pre-estimate of Thief Hall’s losses that directly result from the Client’s cancelled Booking

10. Cancellation Force Majeure

We do not expect to have to alter or cancel the Event and will use our reasonable commercial efforts to ensure that this does not occur. However, sometimes a situation will arise where we will need to make a cancellation due to events which are beyond our reasonable control.

10.1 Events which are beyond Thief Halls reasonable control include (but without limitation) an act of God, explosion, flood, tempest, fire or accident, war or threat of war, national emergency, acts of terrorism, sabotage, insurrection or civil disturbance, epidemic or pandemic or other public health issue, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, regional or local authority, strikes, lock-out or other industrial actions or trade disputes (whether involving our employees or employees of a third party), unavailability or shortages of goods, materials, fuel, part-machinery, or transportation, power failure or breakdown in machinery, default of third party suppliers or subcontractors.

10.2 If Thief Hall cancels the event further to Clause 10.1, Thief Hall will make reasonable attempts to offer an alternative date for the Event. If this is not possible, Thief Hall’s liability to the Client shall be limited to the amounts already paid by the Client at the time of cancellation less the cost of the Pre-Event Services received by the Client prior to or on the date of cancellation and, the cost of any additional services rendered prior to or on the date of cancellation.

10.3 Thief Hall will not be liable for any costs, charges or losses sustained or incurred by the Client other than those set out in Clause 10.2 arising directly from an alteration or cancellation of the Event by Thief Hall in line with this Clause 10.

10.4 Where Thief Hall terminates the Contract under this Clause 10, no additional compensation, expenses or costs will be payable. We recommend obtaining and/or reviewing your insurance cover for all of these circumstances.

11. Changes in facilities

11.1 Thief Hall reserves the right to make changes to the interior and/exterior of the Venue (and for the avoidance of doubt the Properties) between the date of the Contract and the date of the Event without reference to the Client.

12. Limitation of liability:

12.1 The Client shall be liable for any damage or loss and costs or expenses arising thereby suffered by Thief Hall as a result of the Event and shall pay to Thief Hall on demand, the amount required to make good or remedy such damages including compensation for loss of business whilst such damage is being repaired.

12.2 Thief Hall retains a reasonable right of entry to the Venue (and the Properties) at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.

12.3 Thief Hall shall not be liable for loss or damage suffered by any person arising from the equipment, plant, machinery or other items brought on or into the Venue (or the Properties) by the Client or a third party working on the Client’s behalf and/or any attendees at the Event and the Client shall reimburse Thief Hall for any loss.

12.4 Subject to clause 12.5 Thief Hall’s total liability to the Client for any loss suffered will be limited to the total amount payable to Thief Hall by the Client. Thief Hall will not be liable for any losses that were not reasonably foreseeable to both Thief Hall and the Client when the Contract was entered into or for any losses that were not caused by any breach of contract or breach of statutory duty or negligence on the part of Thief Hall.

12.5 Nothing in these Conditions excludes or limits in any way Thief Hall’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal or unlawful for Thief Hall to exclude or limit (or attempt to exclude or limit) liability.

12.6 Thief Hall makes no representations and gives no warranties, statutory, implied or other as to the Services or as to their suitability for any particular or general purpose.

12.7 Where any facilities or services are to be provided in whole or in part by a third party other than Thief Hall, Thief Hall gives no warranty or guarantee as to their quality, fitness for purpose, reliability or otherwise.

12.8 Thief Hall, its employees and representatives shall not be liable to the Client or the Clients party for loss or damage to property howsoever arising. The Client and its party must take all necessary steps to safeguard them and their property including your vehicle and contents.

12.9 The client shall not sub-hire or use the Venue or allow the Venue to be used for any unlawful purpose or in any unlawful way.

12.10 This clause 12 shall survive termination of the Contract.

13. Terms of use

13.1 You may access the venue from 18.00 on the day of your arrival. Please note that departure is by 10.00 on your final day.

13.2 You must not use the Venue (or the Properties) except for the purpose of an Event during period agreed under the Booking, and not for any other purpose or longer period.

13.3 The agreement to stay in the Venue (or the Properties) for an Event does not create the relationship of Landlord and Tenant between the parties. The Client is not entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Event period.

13.4 On departure, the Client and their guests are requested to leave the accommodation in a clean and tidy condition. This includes washing up, placing rubbish in bin liners and putting in outside bins and ensuring ovens are clean and free from grease.

13.5 Under no circumstances may more than the maximum number of persons stated in your agreed Booking occupy the Properties (and the Venue), unless by prior arrangement with Thief Hall. We reserve the right to refuse admittance if this condition is not observed.

13.6 No pets will be allowed at the Venue (or in the Properties) unless by prior arrangement, please contact Thief Hall in advance to discuss.

14. Complaints

Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it while you are on site. We value your custom and want you to return.

14.1 The Client should notify Thief Hall in writing of any complaint as soon as is reasonably practicable, giving full particulars of that complaint.

14.2 Thief Hall shall on receipt of a written complaint, use its reasonable endeavours to investigate thoroughly and report back to the Client, or procure such an investigation. The Client shall notify the Venue in writing again, as soon, as is reasonably practicable, if it is dissatisfied with any investigation, report or remedy from Thief Hall.

15. Suppliers

15.1 If the Client does engage third party suppliers, Thief Hall accepts no responsibility for their performance of services and the Client should take up any complaints with them directly. The Client is also responsible for paying any third party charges directly.

15.2 Thief Hall does not accept any responsibility for loss or breakages to external supplies or the Client's own items.

15.3 If the Client hires a band and/or musician to perform at the Event, these suppliers must have public liability insurance and PAT tested equipment (if applicable). Thief Hall will request to see this documentation prior to the Event, and it will be the Client's sole responsibility to obtain and forward this documentation to Thief Hall.

15.4 Thief Hall accepts no liability for any goods left on the premises before, during or after the Event.

16. Data Protection

16.1 Thief Hall has taken steps to demonstrate its compliance under the Data Protection Act 2018 and the General Data Protection Regulation (EU 2016/679) (the GDPR). The Client accepts that when s/he supplies personal data (as defined in the GDPR) to Thief Hall, that Thief Hall will be the data controller.

16.2 Thief Hall will treat any data collected during the course of making bookings or dealing with enquiries in strict confidence.

17. General

17.1 Force majeure Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

17.2 Assignment and other dealings

(a) Thief Hall shall be entitled to transfer or assign all or any of its right under the Contract and to perform any of its obligations through nominated third-party suppliers.

(b) The Client is not entitled to transfer or assign the Contract.

17.3 Waiver - No failure or delay by Thief Hall in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by Thief Hall or any breach of the Conditions by the Client shall be considered as a waiver of any other breach or default or any subsequent breach or default.

17.4 Severance If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, or shall not apply to the Contract then the remaining provisions shall continue in full force and effect.

17.5 Third party rights Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract

17.6 Governing law and jurisdiction The Contract shall be governed by the laws of England and the Client agrees to submit to the non-exclusive jurisdiction of the English Courts.

17.7 Change to these conditions Thief Hall may from time to time change these Conditions without giving the Client notice.