BEST WESTERN BEST WESTERN Hotel Smokies Park, Ashton Road, Bardsley, Oldham, Lancashire OL8 3HX
(hereinafter referred to as “The Hotel”)

Terms and Conditions of Contracts relevant to Conferences, Banquets, Functions and Lettings
(hereinafter referred to as “The Event”)

Confirmation
All bookings must be confirmed, in writing, by the Client to secure reservations. Changes to the contract must be made in writing. Private parties and receptions are required to pay a non-refundable deposit of £750.00. Payment of the deposit is considered as acceptance of all terms and conditions in force at the time of booking.

The Contract
All enquiries are dealt with and thereafter processed by the Hotel completing a Contract Form, a copy of which will be sent to the Client within 5 working days (Saturday and Sunday excluded as working days) of the date of intimation by the Client, of confirmation of the booking. The Client shall be obligated to respond in writing by signing and returning the contract within 5 working days (Saturday and Sunday excluded as working days) of receipt. The date of receipt shall be deemed to be 48 hours after the date of postmark. Confirmation of your booking by payment of deposit is considered acceptance of all terms and conditions of booking.

Price Guarantee
All prices are current and inclusive of VAT, unless otherwise stated. The Management wishes to point out that, whilst every effort will be made to maintain the current prices, they are subject to alteration.

Payment

1. Payment is due within 5 days (Saturday and Sunday excluded as working days) of the date of the invoice. The invoice will reflect the total indebtedness then known and due to the Hotel, but subject however to the continuing liability of the Client to make payment for any items which may then not (or the value of which) may not be known to the Hotel and which relate to the contract.
2. Payment terms may be varied only by agreement with the Hotel in writing.
3. Failure to pay timeously will result in interest running at the rate of 4% per annum above Bank of England base lending rate from the due date.
4. Any queries on any invoice must be raised within 5 working days (Saturday and Sunday excluded as working days) of the date of the invoice and should any such queries remain unsolved within 3 working days thereafter it will be the obligation of the Clients to make immediate payment of the undisputed amount as provided for in 1 above.
5. The Hotel reserves the right to withdraw credit facilities, which may be in existence, without explanation.

Variation Of Terms And Conditions As Contained In The Contract Form
Estimated Numbers: It is the obligation of the Clients to provide reasonably accurate details of estimated numbers attending the event at the time of booking. Should there be a 20% or more drop in estimated numbers the Hotel reserves the right to charge in full in respect of any further decrease in the numbers as intimated and thus contracted.
Final Numbers: It is the obligation of the Clients to provide details of final numbers attending the event, not less than 25 working days (Saturday and Sunday excluded as working days) before the event. Should there be any diminution in numbers from those intimated as provided for as above, the Hotel reserves the right to charge in full in respect of the total numbers as intimated and thus contracted. Should the Clients desire to increase the previously agreed numbers it will be solely at the discretion of the Hotel as to whether any increase will be permitted.

Client/Guest Use Of Hotel

1. The Hotel has statutory obligations and without prejudice to that generality such as those incumbent upon the Hotel related to Liquor Licensing, Fire Regulations, Health and Safety and others. It is thereafter the obligation of Clients and their guests to comply with these requirements as may be directed and enforced by staff at the Hotel.
2. Consumables must be as supplied only by the Hotel or its authorised agents and without prejudice to the foregoing generality also excludes the consumption of prizes won at any event.
3. Clients and their guests shall not act in an improper or disorderly manner. They shall also leave promptly at the appropriate time and comply with reasonable demands of the Hotel personnel.

Cancellation

By the Client

• In the event of cancellation by the Client, they will be liable to pay cancellation fees apportioned to the total estimated value of business booked.

The scale is:

• After Deposit has been paid
  • Loss of Deposit
  • Between 12 months and 6 months prior to the event – 50%
  • Between 6 months and 1 month prior to the event – 75%
  • Less than 1 month prior to the event – 100%
• By the Hotel – The event may be cancelled by the Hotel should any of the following circumstances occur
  • The Hotel or any part of it is closed due to circumstances beyond the control of the Hotel.
  • The insolvency of Clients
  • Where a deposit and instalment payments are being made to account for any future event, then should there be arrears outstanding for more than seven days the company reserves the right to cancel the contract
  • Any other circumstances which in the sole opinion of the Hotel, would lead to the reputation of the Hotel being damaged or damage being caused to the property of the Hotel.
  • In the event of cancellation by the Hotel, the Hotel will refund any advance payments subject to costs involved and absolves itself from any further liability.
  • In all instances, intimations of cancellation must be made in writing and will be effective on the date it is received by the Hotel.

Cancellation can be costly. The hotel strongly recommends that client’s take out an insurance policy with regards their event.

Access Times
Reservations confirmed on a day rate are accepted on the basis that access to the room is limited to the period between 8.00am and 6.00pm, unless previously agreed by the Hotel and acknowledged in writing. Function rooms booked in series may be let for evening sessions by prior written arrangement. Unless this is arranged in advance, the room will require to be cleaned in order to fulfil any other contract.

General

• The Client shall be liable for any losses or damages caused either to the property of the Hotel, its patrons, or any item within the Hotel, whether in the ownership of the Hotel or not. Charges will be raised at full replacement cost, and charges may be raised to cover loss of business incurred as a result of the damage.
• The Hotel will take all reasonable steps to fulfil its obligations, in respect of any event, to the best of its ability and in accordance with the details provided but, it reserves the right to provide alternative services, of at least an equivalent standard, at no additional cost to the Client.
• Not withstanding the above terms and conditions, the Hotel will not be liable for any failure to perform its obligation to the Client in whole or in part as a result to any of the following circumstances:
  1. strikes or industrial action
  2. fire
  3. flood
  4. civil commotion
  5. act of god
  6. failure of service
• Prices quoted are subject to annual review, the Hotel reserves the right to alter prices without notice. This is also applicable to confirmed bookings. Price increases, which will be in line with economic circumstances will not result in Clients being entitled to resile from contracts. The Hotel reserves the right to add any new or additional tax/levy imposed by lawful authority, which was not known at the time the contract was made.
• The attention of Clients is drawn to the notices relative to the Innkeepers Liability Act and other displayed in the hotel and also car park with regard to the exclusion of liability by the Hotel.
• In connection with any event at which any form of entertainment is to be provided by the client this will be entirely the responsibility of the Client.

Variation of Conditions
Any variation of the above conditions may only be sanctioned by the General Manager, or the Owners, and will only become effective when confirmed in writing by the aforementioned officials. Each of these terms and conditions are separate and severable, and whilst they are considered reasonable in all circumstances hereof, if any of them become invalid or ineffective for any reason, the remaining terms and conditions shall remain valid and enforceable

1st July 2009