- The Agreement
Capitalized terms in this Agreement have the meanings given in Clause 12.
The Agreement, which consists of the Booking Form and these Terms and Conditions, does not include any other oral or written promises, terms or conditions. Any amendment or change to the Agreement shall have no effect unless agreed upon in a writing that refers specifically to the Agreement and is executed by duly authorized representatives of both parties.
- Confirmations and Guest Numbers
The final details of the Event (such as final timings, menus and special requests) must be confirmed at least ten Working Days before the Event. The Client must inform the Hotel of the Final Number at least three Working Days before the Event. This Final Number will override the Likely Number specified but will not affect the Minimum Number/Spend.
The Client shall provide the Hotel with details of the nature and agenda of the Event, names of guests and relevant third parties, upon request.
- Price The price for the Event shall be calculated as stated on the Booking Form and is inclusive of VAT. The Client guarantees the Minimum Spend or the Minimum Number will attend the Event (as applicable) and the Hotel has calculated its charges on this basis. The amount payable by the Client will therefore be calculated according to the highest of (a) the Minimum Number/Spend (b) the Final Number or (c) the number who actually attend the Event.
- Extras The Client shall pay by credit or debit card for any food and beverages or other goods and/or services not provided for in the Agreement or otherwise in correspondence but made available upon request of the Client on the day of the Event. In such cases, if not paid on the day of the event, the credit card used to make the booking shall be charged accordingly.
- Price Variations In the event of circumstances beyond the Hotel's control (including, but not limited to, increases in the standard rate of VAT), the Hotel reserves the right to vary the prices specified in the Agreement to an extent that reflects such circumstances.
- Invoice Disputes If the Client has a bona fide dispute in respect of the whole or part of an invoice, it shall notify the Hotel immediately on receipt of invoice. Any invoice not disputed in accordance with this Clause 3.4 will be deemed to have been accepted by the Client. The parties shall co-operate in good faith to resolve the dispute over any invoice as amicably and promptly as possible and on settlement of any dispute the Client shall make the appropriate payment.
- Cancellation by Client
- If the Client wishes to cancel an Event or cancel the reservation of some or all bedrooms reserved, the Client must provide the Hotel a written notice of cancellation. Cancellation shall be effective, final and binding on the Cancellation Date. Any notice of cancellation received out of the hours of 9.00am and 5.00pm shall be deemed made on the next Working Day. Any postponement of any Event shall be considered as a cancellation under this Clause 4.
- If the Client cancels a Booking, the Hotel will charge a cancellation fee. This cancellation fee shall be a percentage of the charges payable in respect of the Minimum Number/Spend (and, if any separate charge is payable in respect of room hire, of such room hire charge), according to the Cancellation Notice as set out below. If the Event is cancelled less than 3 Working Days before the Event, the Hotel is entitled to charge according to the Final Number, if higher than the Minimum Number/Spend.
59 - 45 days
44 days-30 days
29 days-15 days
14 days to 7 days
6 days or less
- Cancellation fees are payable under this Clause 4 are a genuine pre-estimate of the loss the Hotel will incur arising out of a cancellation. The actual losses incurred by the Hotel may be greater or less than these cancellation fees.
- In addition to the cancellation fees due under Conditions 4.2 or 4.4, the Client must reimburse the Hotel (on an indemnity basis) for any expenditure incurred in respect of any cancelled Event including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event.
- The Hotel shall reimburse any remaining balance to the Client onto the credit card used for the original booking in the event of cancellation.
- Cancellation by the Hotel
- The Hotel may cancel the Booking:
- if the booking might prejudice the reputation of the Hotel;
- if the Hotel becomes aware of any deterioration in the Client's financial situation such that the Hotel reasonably considers the Client may not be able to fulfil its material obligations under the Agreement; or
- if the Client fails to pay any sum when due.
- Outside Services
The prior consent of The Hotel must be obtained for any entertainment or services contracted for the Event by the Client, all of which must comply with any statutory codes and regulations. The Client shall indemnify The Hotel for any loss or damage resulting from the acts or omissions of such third party suppliers.
- Health and Safety
- The Client must fully comply (and ensure the full compliance of its sub-contractors, employees and guests) with The Hotel's health and safety policy, a copy of which is available on request from The Hotel.
- For reasons or security, The Hotel may need to search guests or third party suppliers' belongings and equipment. The Client shall ensure co-operation with any such searches undertaken by The Hotel.
No wines, spirits, food or beverage may be brought into The Hotel or grounds by or on behalf of the Client or any guests for consumption on The Hotel premises unless the prior consent of The Hotel has been obtained, for which a charge will be made.
- Liability of The Hotel
- This Clause 9 sets out The Hotel's entire liability in respect of any breach of these Conditions or the Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
- The Hotel shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect loss however arising.
- In no event will The Hotel's liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event.
- The Hotel shall not be liable for any breach of the Terms and Conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) war, terrorism, acts of God, fire, floods, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority.
- Nothing in these Conditions shall exclude or restrict either party's liability in respect of death or personal injury resulting from its negligence, or for fraudulent misrepresentation.
The Client shall be responsible to The Hotel for any damage caused to the allocated rooms or the furnishings, utensils and equipment therein or to The Hotel generally by any act, default or neglect of the Client or any sub-contractor, employee or guest of the Client and shall pay to The Hotel on demand the amount required to make good or remedy any such damage.
- Agents Should the Client contract with The Hotel through an Agent, the agent acts in that capacity for the Client, and not The Hotel. The Client accepts full responsibility for the payment of The Hotel's account.
- Commissions Bookings made online are non-commissionable
- Governing Law and Jurisdiction The Agreement shall be governed by and construed in all respects in accordance with the laws of Spain. The courts of Spain have exclusive jurisdiction, in relation to all matters arising under the Agreement.
- Time is of the Essence For all payment obligations under these Conditions, time shall be of the essence.
- Assignment The Agreement shall not be assignable by the Client, but may be assigned by The Hotel.
- Intellectual Property The Client shall not use any of The Hotel's trademarks or intellectual property without our prior written consent.
- Entire Agreement The Agreement sets out the entire agreement and understanding between the Client and The Hotel and shall supersede and replace all documentation previously issued by either party in relation to its subject matter.
- Waiver No waiver by The Hotel of any breach of this Agreement by the Client shall prevent the subsequent enforcement of the Agreement.
- Validity If at any time any one or more of these Conditions is held to be or becomes void or unenforceable, it shall be omitted from the Agreement and the remainder of the Agreement shall remain in full force and effect.
- "Booking Form" means the document containing all the Event details.
- "Cancellation Date" means the Working Day on which The Hotel receives written notice of cancellation.
- "Cancellation Notice" means the number of clear days (that is not counting the Cancellation Date and the date of the Event) between the Cancellation Date and the date of the Event.
- "Client" means the person, firm or company responsible for commissioning and payment of the Event.
- "Agreement" means the written agreement between The Hotel and the Client for a specific booking or series of bookings.
- "Event" means the event or function specified in the Agreement
- "Final Number" means the number of guests confirmed as attending the Event by the Client 3 days before the Event.
- "Likely Number" means the number of guests stated in the Booking Form as likely to attend the Event.
- "The Hotel" means the hotel at which the facilities are booked, or any one of the The Hotel group of companies, as appropriate.
- "Minimum Number" means the lowest number of guests irrespective of the numbers that attend the Event for which payment will be made as set out in the Booking Form.
- "Minimum Spend" means the minimum payment for the Event due from the Client.
- "Working Day" means Monday to Friday excluding bank holidays and other public holidays
- The Hotel may charge the cancellation fees provided in Clause 4 in the event of any cancellation under this Clause 5.
MARRIOTT REWARDS – REWARDING EVENTS
Approximately (10) business days after the conclusion of the Event (provided that the Event is not cancelled and all material terms and conditions of this Agreement have been adhered to), the Hotel will either award Marriott Rewards points to, or submit an award for airline miles: NOTE - Rewarding Events does not apply to Events booked by or on behalf of any governmental entity, including any federal, state or local agency or any other governmental body, and hotels may not award Points or airline miles to a government employee (or an intermediary booking on behalf of a governmental entity) in connection with the Rewarding Events program or otherwise in connection with planning, scheduling or contracting for an Event.
The number of Marriott Reward Points or airline miles to be awarded shall be determined pursuant to the Marriott Rewards Terms and Conditions, as in effect at the time of award. The Marriott Rewards Terms and Conditions are available on-line at marriott.com (www.marriott.com/rewards), and may be changed at the sole discretion of Marriott Rewards at any time and without notice.
The individual(s) identified to receive either Marriott Rewards points or airline miles may not be changed without such individual(s)' prior written consent. All Marriott Rewards Terms and Conditions apply (see www.marriott.com/rewards).
For more information on Marriott Rewarding Events please see www.marriott.co.uk/meeting/rewards