2. Price and payment
2.1 The price for the Assignment is set out in our Booking Form.
Where VAT is applicable to our prices it is set out on our invoice and charged at the prevailing rate from time to time.
The price includes advance preparations and delivery of services at the Event, as detailed in our Booking Form. Any extras or expenses shall be separately agreed by the parties and invoiced and paid at least 6 weeks before the Event. The price is paid as set out in this clause.
2.2 A deposit payment (“Deposit”) of £3,000 shall be paid to Kilminorth upon entering this agreement (to secure the date at the Venue for your exclusive use at the Event)– please refer carefully to Clause 3. You will be sent the Booking Form and these terms and conditions for acceptance. You
have 14 days from receipt to return the Booking Form and the terms and conditions to secure the Assignment for the date of your Event. If you decide to not progress with the Assignment within those 14 days, you may cancel, and we shall return any paid Deposit.
2.3 2.3.1 A second payment of the balance of 50% of the price shall be paid no less than 6 months before the Event to Kilminorth.
2.3.2 A final payment of the balance of the price shall be paid no less than 3 months before the Event to Kilminorth– please refer carefully to Clause 3.
2.3.4 Any extras or expenses that we agree for the Event shall be charged and invoiced to you on the day after the Event and shall be immediately payable, before departure.
2.4 Where the Assignment includes the provision of self-catering Accommodation for the Event It shall be set out in the Booking Form. Otherwise, where accommodation is provided to, paid for and booked by the Client’s guests, it is subject to separate Terms and Conditions and our Guest Rules.
2.5 The payments will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until paid in full. Payments are by bank transfer only and cheques are not accepted. All related bank charges are your responsibility. If payment is not made in full and within time the Assignment may be suspended and payment in advance may be required before the Assignment is re - commenced.
2.6 If payment is not made in accordance with the above clauses, Kilminorth reserves the right to charge an administration fee of £25.00 on late payments and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
3. Cancellation of agreement
3.1. The Assignment can be cancelled by either party in writing or by email to info@kilminorthcottages.co.uk subject to the matters set out in this clause.
3.2 3.2.1 If Kilminorth cancel the Assignment, save under clause 3.2.2 below, any sums paid will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will payable to the Client by Kilminorth arising from such cancellation.
3.2.2 The Assignment may be terminated if payment of the payments are
not made in accordance with these terms; or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests Kilminorth to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends its business. Upon termination under this clause, the Client shall immediately pay any outstanding payments due and/or for all work done under the Assignment to that point, to Kilminorth.
3.3 If the Client seeks to cancel this Assignment more than 14 days after entering into the agreement and more than 6 months before the Event then the Deposit set out at clause 2.2 shall be forfeited. No further sums will be due from the Client.
3.4 If the Client seeks to cancel the Assignment less than 6 months but more than 3 months before the Event then the Deposits set out at clause 2.2 will be forfeited and a cancellation fee of 50% of the price will be immediately due to Kilminorth, which shall be paid, or shall already have been paid by the Client (under Clause 2) No further sums will be due from the Client.
3.5 If the Client seeks to cancel the Assignment less than 3 months before the Event then the Deposits set out at clause 2.2 will be forfeited and a cancellation fee of 100% of the price will be immediately due to Kilminorth, which shall be paid, or shall already have been paid by the Client (under Clause 2) No further sums will be due from the Client.
3.6 Kilminorth will use reasonable endeavours to resell the date of the Event to another customer in the circumstances set out in clauses 3.3 – 3.5, and if successfully resold, the Client will be refunded all sums paid except the Deposit.
3.7 We recommend that the Client considers wedding insurance cover for the Event.
4. Guest numbers
Final numbers for the Event and dietary requirements must be confirmed 3 weeks in advance of the Event.
Accommodation and Venue capacity are set out in the Booking Form and details are also available on our website.
Fire Safety regulations limit the numbers of people at the Venue and must be adhered to at all times.
Our Guest Rules also apply to your use and occupation of the Venue and the Accommodation and these are separately provided.
No deliveries to the Venue can be accepted unless they have been agreed in writing in advance – this includes deliveries by any Suppliers on your behalf. Any deliveries that are accepted are stored at your risk and Kilminorth cannot be responsible for any loss or damage in any circumstances.
5. Confidential Information
Kilminorth will keep any confidential information or personal data supplied confidential and secret, and only use it for the purposes of supplying the goods and services at the Event, or otherwise making proper use of the Venue. It will share personal data only with its suppliers where it is necessary for the Assignment, and to deliver the goods and services contracted to be provided. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at https://www.kilminorthcottages.co.uk/
6. Finishing Times
Weddings and Events start and finish times are set out in the Booking Form.
Check-in time is usually 4pm on the day of arrival with check-out at 10am on the day of departure.
On the night of the Event, Kilminorth must be vacated 30 minutes thereafter, save for those guests using the Accommodation.
7. Price Variation
Kilminorth reserves the right to increase its prices, or to make minor changes to the goods or the services offered, in the event of the Client requesting changes to the Assignment,
or in circumstances beyond its control such as to reflect changes in relevant laws and regulatory requirements, or to implement minor adjustments and improvements. Any changes will be set out in writing and agreed.
Kilminorth also reserves the right to review its prices annually. Changes to VAT or other taxes or duties by government will be reflected immediately in any prices charged.
8. Insurance/Damage/Liability
Clients are responsible to Kilminorth for any damage to property or theft of property caused by the Clients, their guests, agents or employees.
We recommend that the Client takes out a ‘Wedding or Events Insurance Policy’ which covers loss or damage to Kilminorth property and covers cancellation, and loss of deposit.
Kilminorth holds appropriate insurance cover for the property and its use as a wedding venue.
Kilminorth will use reasonable care and skill in delivering the Assignment. Where any valid claim in respect of the good or services provided by Kilminorth the Client may be entitled to a refund of the Price, or a portion of the Price.
Kilminorth’ liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
Nothing in these Terms will exclude or limit liability for death or serious injury caused by Kilminorth’ negligence.
9. Force Majeure
If Kilminorth are limited or hindered from hosting the Event or providing any facility, booked by the Client due to circumstances beyond its control eg: Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic or pandemic, we will discuss our proposed steps to minimise the impact of this on the Event and your options with you. These options will differ on a case-by-case basis depending on the nature of the Assignment.
If Kilminorth are limited or hindered from hosting the Event or providing any facility, booked by the Client due to circumstances beyond its control eg: Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic or pandemic, then the liability of Kilminorth to the Client shall not exceed the amount paid by the Client to Kilminorth in respect of the Event. The Deposit set out in clause 2.2 shall usually be not refundable (being an approximation of the expenses incurred and or the value of goods or services already rendered) and (where the value of the expenses incurred, or goods or services already rendered to the Client is greater than the value of the Deposit) we shall be entitled to be paid additionally for all expenses and goods and services delivered to the Client up to that point. We shall refund any difference to you if appropriate or may at our discretion invoice you for any additional sums due.
Kilminorth will not be liable for any additional losses suffered by the Client as a result of such circumstances.
10. Suppliers
Kilminorth are responsible for the provision of the Event, the Accommodation, and the Venue, and Bar Services set out below in clause 11. We also provide the marquees and contents as part of the Assignment.
For Assignments which are 1-day exclusive wedding events – you must use our in house catering and bar options.
For other Assignments, if we are providing the Catering services, this will be set out in writing, and clause 11 will apply. If you are using other Catering Suppliers, the provisions of this clause will apply.
The Assignment also includes some additional staff costs for the day of the Event.
You are responsible for providing all other required services.
Kilminorth will not take responsibility for, or sign for, any deliveries for the Event, therefore a representative of the Client will have to be at the Venue for any deliveries between the times specified above unless prior arrangements are made with us. The Client has viewed the condition of the Venue and the facilities and surrounding areas of the Venue, where guests and Suppliers have access to, and accepts responsibility for any damage caused during access.
Kilminorth is, however, not responsible for the services provided by any other Supplier in any circumstance. If any Supplier does not provide evidence of the Supplier’s appropriate insurance, Kilminorth has the right to refuse the Supplier entry to the Venue. We recommend that you sight your Suppliers’ public liability insurance prior to booking and are satisfied that they have the adequate ability and insurance to perform the services or provide the goods that you require, and must comply with all relevant Health and safety requirements. If any Supplier does not provide evidence of the Supplier’s appropriate insurance, and current PAT testing where appropriate, and relevant risk assessments and method statements, Kilminorth has the right to refuse that Supplier entry onto their property.
The Venue will have an electricity supply. Should we, the Client or the Suppliers identify that an additional output is required; a generator will need to be hired at the Client’s cost. A water supply is available for Client and Suppliers to use at the Venue. Water and Electricity are supplied via a meter and charged in addition.
Styling and Decoration
We are happy for you to provide your own styling or have a styling Supplier, but we are aware that the Venue has little additional storage and you must arrange for the removal of all boxes and packaging at the end of styling completion by your Supplier. It is your responsibility to
ensure that all waste associated with decoration and styling is removed from the Venue. You must make good any damage caused to the Venue by your Suppliers.
In House Planner/Event coordinator
As part of the Assignment, our In-house Planner will help you to organise the Event and assist with the following services:
She will be your main contact point and the initial meeting with her, to discuss your planning and on the day requirements, is included in the price you pay. She can also arrange any ‘show rounds’ and extra site visits and coordinate and liaise with you, your Suppliers and the Venue before the Event.
Venue preparations and on the day coordination is included in the price by our In-house Planner.
We reserve the right to substitute our In-house Planner, if necessary for our business or because the In-house Planner is indisposed, for an alternative with similar levels of experience and skill.
Catering by Suppliers – for Assignments which are 3-day exclusive wedding events, or 2-day nonexclusive wedding events ONLY.
Kilminorth recommend caterers from our Preferred Supplier List.
If the Client wishes to choose an alternative, the caterer must have a minimum Public Liability insurance cover of £5million. We shall require a copy of the caterer’s insurance policy and hygiene certificates. We do not allow the Client or a guest to provide their own catering at the Event.
The Client must arrange provide suitable structure coverage and storage in line with the caterer’s requirements for preparation and service with us, if the caterers are not providing this themselves.
The Client and the caterer shall be responsible for:
i. Cleaning up all preparation areas and eating areas including outside tables.
ii. Ensuring that any spills or breakages are dealt with immediately.
iii. The removal of all food waste, water waste and associated rubbish.
iv. The removal of all equipment from site.
v. All aspects of food and service.
NOTE The Catering Supplier and/or the Client shall be responsible for any damage to equipment or property at the Venue caused by the Supplier’s use of facilities and spaces at the Venue, This includes any damage to surfaces, walls, floors and working areas.
The commercial kitchen has limited electricity supply and is mainly gas powered. For Suppliers using any of their own equipment that requires electricity, the Venue would
require proof of PAT testing of such equipment provided pre- Event, and valid for the date of the Event.
11. IN HOUSE Catering and Bar Services
Kilminorth will provide all catering and bar services for your Event.
The agreed catering services are set out in the Booking Form or will be agreed in writing from time to time.
Quotations are based on minimum numbers. All attendees over 12 years old (we have separate options for children under 12 years old) must be allocated an adult meal provision from our menu options and be catered for to ensure no catering shortfall.
Where we have a minimum number for catering, they are set out in the Booking Form.
Final numbers for catering purposes must be received in writing from the Client at least 3 weeks before the Event.
If numbers upon which the quotation is based increase, or decrease, we reserve the right to change the quoted price and/or increase the quoted price per head accordingly. The price will however not decrease below the minimum number of guests (if applicable) per Event.
No other food or drink Suppliers are permitted save for a wedding cake Supplier unless pre-approved in writing by us.
Food Allergies and Intolerances
Kilminorth will not be held responsible for any allergies or reactions caused by our food or drink. Food can be made without certain allergens or ingredients but is still made in a kitchen using some or all of these allergens or ingredients, and regrettably we cannot therefore guarantee the absence of traces of them.
It is the Client’s responsibility to inform consumers of any risks and the Client’s responsibility to inform us in writing of any dietary requirements or allergies/intolerances/preferences at the time of booking or at the latest 6 weeks before the Event. We cannot accept any liability for allergies or reactions where we have not been advised of such risks.
Bar Services
Kilminorth is the resident bar provider with all drinks consumed on the day of the Event to be purchased through them (cash and /or card payments at the bar and/or drinks packages are offered). No alcohol may be brought onto the Venue on the day of the Event that has not been purchased from Kilminorth, unless we have specified otherwise on the Booking Form. Any alcohol found which has not been supplied by Kilminorth will be confiscated.
All bar staff have the authority to refuse to serve a guest of they are abusive or intoxicated or
buying drinks for another guest who has already been refused service. A Challenge 25 policy is in place and bar staff have the right to request photo ID from any guest that they feel looks underage.
The bar(s) will remain open until midnight. No alcohol will be served after this time.
We provide bar staff and glass collectors only. Final drinks choices must be made and paid for at least 6 weeks before the Event.
12. Ongoing Maintenance
Occasionally essential or urgent, special maintenance work on the Venue is required. We will make our best endeavours to keep any visual impact to a minimum.
13. Children
Kilminorth welcomes children however we strongly recommend the use of ‘Event Nannies’ to ensure the safety and structured entertainment of ALL children.
Please provide a list of the number of guests under the age of 16 years prior to the Event.
Please ensure that adequate adult supervision is provided throughout the Event, particularly in respect of avoiding danger areas within the garden. All children under the age of 12 must be accompanied by a responsible adult whilst on the premises. The staff of Kilminorth will not be held responsible for the supervision of minors.
14. Smoking
Smoking is strictly prohibited in the Venue. It is allowed in the grounds, and in an area outside the marquee, but is restricted to designated outside areas and smoking materials must be adequately extinguished in the waste bins/ashtrays or sand buckets provided.
15. Music and Entertainments
Music and Live bands at the Venue may be allowed at the discretion of the owners.
We recommend that musicians and DJs check with us concerning electricity supply, etc. Kilminorth reserves the right to approve and control noise levels. All musicians and DJs must make contact with Kilminorth prior to you confirming their booking, to discuss our limitations and forward a copy of their public liability insurance certificate.
We live in an area of outstanding natural beauty and it is incredibly quiet, which means we have some music controls and guidelines as part of our license.
• All amplification devices need to be set up in accordance with the on-site guidelines – our Kilminorth crew will be on site to assist this set up.
• Live music bands by prior arrangement only
• Maximum of LAEq, 1minute 90db as monitored by our staff to be strictly adhered to on site. This will be set at time of sound check.
• Ongoing sound monitoring will be done at half hourly intervals throughout the evening
16. Fireworks and Confetti
Fireworks are only allowed if provided by a trusted Supplier and agreed in writing with us. Flying Lanterns at the Venue are not allowed in any circumstances.
The use of confetti is limited to biodegradable confetti only. We reserve the right to impose a charge for clearing up any mess arising from failing to adhere to this clause.
17. First Aid
Basic first aid supplies are available on site. Members of staff have completed a basic First Aid course. In the incident of a serious/major accident or incident, full services are not provided on site. Emergency services will be called.
18. Electrical equipment
Electrical equipment that is brought onto the premises by Clients or Suppliers must be safe for use and PAT tested (Portable Appliance Tested).
19. Threatening, abusive or violent behaviour
The instructions from staff at Kilminorth should be adhered to at all times. Kilminorth retains the right to refuse entry, refuse to sell alcohol and ask persons to leave the site.
Kilminorth upholds a zero-tolerance policy with respect to any verbal or physical, threatening, abusive or violent behaviour by guests towards staff. Without exception, a guest(s) will be asked to leave the premises, or the police informed.
20. First Aid, Emergency procedures and Security
A list of all guests is required 24 hours before the Event. Emergency procedures are in place in the event of a fire. Plans of fire exits and location of fire extinguishers are clearly posted around the Venue and the Accommodation.
21. Accidents or untoward incidents
Any accidents or incidents occurring on the premises must be immediately reported to a member of staff and details entered into the Accident Book.
22. Banned substances and weapons
Banned substances, such as drugs, and weapons are strictly prohibited on site. If any guest is suspected to be in possession of drugs or weapons the police will be informed immediately.
23. Underage drinking of alcohol
In compliance with licensing laws, underage drinking of alcohol is prohibited. ID will be required if a guest appears under to be the age of 18 years old.
24. Equipment and Property
Clients’ own equipment and property, including vehicles, are brought into the Venue at their own risk and Kilminorth accepts no liability for loss or damage. In particular we are not responsible for any items left at the Venue such as cards, presents or money/vouchers as wedding gifts.
If personal property is not removed within 7 days after the Event, we will charge for storage or dispose of items after one week and will dispose of the items after two weeks if not collected.
Pets are only allowed at the Venue with our specific advanced written agreement and may be subject to additional charges.
25. Potential hazards
Comprehensive risk assessments have been completed, however please be aware of the risks associated with the Venue.
The Client should ensure that they and their guests keep to the designated Venue use areas within grounds.
Take particular care, especially with children, when using:
- The hot tub (risks and guidance on the website)
- The swimming pool (open from May to October)
- The woodland / gardens (there is uneven ground and please preserve and respect the floral and wildlife)
- The tennis courts.
- The children’s play equipment – in particular the trampoline.
- General warning notices are in place to discourage climbing.
- There are animals in some fields, so please respect the livestock.
Failure to comply with notices and warnings will be at your own risk and Kilminorth will not be held responsible.
Areas marked PRIVATE are marked as such for a good reason – please respect these notices.
25. Car ParkingCars may be left overnight at the Venue (with prior arrangement); but must be collected by 11am the day after the Event. All vehicles are left at the owner’s risk. We accept no responsibility for vehicles, or their contents, parked at the Venue.
26. VenueWe are a licensed venue for weddings ceremonies, and so you will need to ensure that arrange a registered official, which you must book directly, to preside at the Event, if you wish to be legally married. Kilminorth offers no advice or assistance on the legality of the wedding.
27. Contract and Jurisdiction27.1 When a booking is confirmed in writing or electronically, a contract is deemed to exist. Variations to the Assignment, or to the services under it may only be agreed in writing. Services outside the scope of the Assignment will attract additional charges.
Any changes to the date of the Assignment will constitute a cancellation and clause 3 shall apply, unless we agree differently in writing.
This Agreement (including the Booking Form) constitutes the entire agreement and understanding between the parties and supersedes all prior discussions and agreement between the parties. This Agreement is personal to the Client who may not without prior written consent transfer it to any other person.
27.2 The Client grants to Kilminorth consent to use any work including photographs created as part of the Assignment to show off its services, together with the right to display images as part of its portfolio and to write about the Assignment on websites, and in its marketing materials.
It is also the Client’s responsibility to obtain all relevant consents from any guests attending at the wedding to the use of images as set out in this clause, or to notify Kilminorth if any guests do not wish their images to be so used. If you do not wish to grant this consent you must confirm this in writing to info@kilminorthcottages.co.uk within 7 days of entering into this agreement.
27.3 Following the conclusion of the Assignment, Kilminorth may wish to contact you to request testimonials, recommendations or feedback on the services. By agreeing these terms, you are consenting to that contact by Kilminorth.
27.4 These terms and any dispute arising from them shall be governed by the laws of England and Wales.