Conference and Banqueting Terms and Conditions

1. Interpretation
In these terms and conditions the following words shall have the following meanings:-
The "Client" and" You" mean the organising body/company responsible for commissioning and payment of the Event.
The "Hotel" and "We" shall mean Macdonald Hotels Ltd and its subsidiary and associated undertakings;
"a Event Schedule" shall mean a form in the style attached to these Terms and Conditions containing details of the Event in relation to a particular Client, which details shall be incorporated into these Terms and Conditions in relation to the agreement between the Hotel and the Client in question;
"the Event" shall mean the conference, banquet, function or
letting provided by the Hotel for the Client pursuant to these
Terms and Conditions;
"the Hotel" shall mean Macdonald Hotels Ltd and its subsidiary and associated undertakings;
"Macdonald Hotels Ltd Group" shall mean Macdonald Hotels Ltd and its subsidiary and associated undertakings;
"the Hotel Premises" shall mean the premises referred to under the heading "Hotel name" in the Contract Form;
"the Price" shall mean the sum payable by the Client to the Hotel in respect of the provision of services pursuant to these Terms and Conditions;
"Terms and Conditions" shall mean the terms and conditions set out herein;
"Working Days" shall mean any Monday, Tuesday, Wednesday, Thursday or Friday whether or not it is a bank holiday;

2. Confirmation by Client
2.1 Please review these terms and conditions and the attached Event schedule. You are requested to sign both and return to the hotel within 7 days or by the date specified in the event schedule or covering letter.
2.2 We reserve the right to release these facilities if the information referred to in clause 2.1 is not received by the date stated. No cancellation fee shall apply in these circumstances. If other enquiries are received for the same dates we may contact you earlier for confirmation, at the sole discretion of the hotel.
2.3 Once the event schedule and terms and conditions are signed by both parties all details of your event with be confirmed and therefore subject to the terms and conditions of the event agreement.
2.4 The facilities contracted in the Event schedule are for the exclusive use of the client and its subsidiaries, and resale of the facilities is not permitted without prior consent for the hotel.

4. Event Numbers
4.1 The Event Schedule will specify the "anticipated" number of guests "you" expect to attend the event and the "minimum number of guests "we" will accept for the event.
4.2 The "final number" of guests attending must be notified at least 7 working days prior to arrival date of the event. Any changes after this time will only be accepted at the sole discretion of the hotel.
4.3 The chargeable amount will be calculated according to the highest of either "minimum" numbers or the "final" number of guests attending the event.

5. Bedroom Accommodation
5.1 Accommodation allocations, room types, rates and release dates (where appropriate) are set out in the Event Schedule.
5.2 Rooming list must be received by the hotel, in writing at least 7 days prior to the arrival date of the event, unless specified as otherwise in the Event Schedule.
5.3 Any rooms guaranteed for arrival that fail to arrive will be charged 100% of the agreed rate.

6. Event Details
6.1 Any amendments to the arrangements as detailed in the Event schedule shall be notified to the hotel at least 7 working days prior to arrival date of the event. Any changes after this time will only be accepted at the sole discretion of the hotel.
6.2 The event space allocated is dependant on guest numbers. If either the "anticipated or final" numbers drop below the minimum number the hotel reserves the right, in its sole discretion to (i) change the event space allocated, (ii) relocate the event to an alternative venue or (iii) implement additional charges.
6.3 The hotel reserves the right to change the clients assigned event space for one of equal suitability if the hotel has, in its sole discretion, a reasonable operation reason for doing so. We will endeavor to give prior notice.
6.4 The Event shall start and finish at the time set out in the event schedule, failing which the client shall be liable for additional charges.
6.5 The client shall pay the hotel for any food, beverages and other services not provided for in the event schedule but made available on request of the client during the event.
6.6 Any special dietary requirements should be notified to the hotel at least 7 working days prior to the event.

CREDIT
Credit facilities will only be made available subject to a satisfactory check on the Client's current credit status. Credit facilities must be finalised at least 2 weeks prior to Arrival date. A Credit Application Form is available on request from the Hotel.

The Hotel reserves the right to re-check the Client's credit status at any time before the commencement of the Event and reserves the right to increase the amount of deposit and/or pre-payment, should there be a negative change in financial status. You expressly consent to the Hotel conducting any such checks.
On conclusion of the Event, or in the circumstances of a cancellation by the Client in accordance with clause 6.0, the outstanding balance is payable in full within 14 days of the date of the invoice.

3. Deposits & Payment
DEPOSIT AND PRE-PAYMENT
If the Client has agreed sufficient Credit facilities then no deposit or pre-payment is required. Exceptions apply for all
Convention/Large Event business where an initial 10% deposit is payable 180 days prior or at time of confirmation if Arrival date is within 180 days and a further 40% is payable 30 days prior or at time of confirmation if arrival date is within 30 days.
If no credit facilities are agreed and the Event is taking place within 42 days, full pre-payment is payable upon confirmation.
If no credit facilities are agreed and the Event is taking place more then 42 days prior to Arrival, a deposit of 50% will be payable upon confirmation with the full balance payable 42days prior to Arrival.
Should the Client fail to pay any such deposit or pre payment within 7 days of the due date, the Hotel may treat the booking as cancelled by the Client.
3.4 In the event that any payment is not made by a Client within fourteen days of the date of the invoice in question, the Hotel shall be entitled to charge interest at the rate of 8% per centum per annum above the base lending rate from time to time of the Bank of Scotland on the amount outstanding from the date on which the invoice in question was due for payment.
3.5 Any queries in relation to an invoice should be raised with the Hotel before the date for payment specified in the invoice
whereupon the Client shall be required to make immediate
payment for the amount specified in the invoice unless the Hotel has agreed otherwise in writing.
3.6 The Hotel reserves the right to withdraw credit facilities in relation to any Client without further explanation.

5. Use of the Hotel
5.1 The Client acknowledges that the Hotel is obliged to comply with certain statutory and common law obligations, including without prejudice to the generality of the foregoing, liquor licensing, fire regulation and Health and Safety regulations. The Client agrees to ensure that all attendees of the Event comply with any requirements necessary in terms of such legal obligations as may be directed by staff of the Hotel.
5.2 All food and drink consumed at the Event, on Hotel Premises must be supplied only by the Hotel or its authorised agents. Without prejudice to the foregoing generality this also includes the consumption of prizes won at any Event, and the Hotel shall not be liable for any loss or consequence arising from breach of this term by any individual attending an Event. The only exception to this Clause 5.2 shall be wedding cakes, but the Hotel shall bear no liability for loss or damage arising from the storage or consumption of a wedding cake on the Hotel Premises which has not been supplied by the Hotel.
5.3 The Client shall be responsible for ensuring that attendees of the Event shall not act in an improper or disorderly manner. The Client shall ensure that all attendees of the Event shall leave promptly at the appropriate time and comply with the reasonable demands of the staff of the Hotel. The Client agrees to indemnify the Hotel upon demand for all sums incurred by the Hotel (including any legal fees reasonably incurred) which may arise as a result of a breach of this condition.
5.4 The Hotel reserves the right to refuse admission to any particular attendee of the Event or to require any particular attendee to leave the Event if in the sole opinion of the Hotel, that persons conduct appears to be inappropriate. The Hotel will be entitled to use reasonable force to enforce such discretion.
5.5 The Hotel will not accept any responsibility for any items of personal property of the Client or attendees at any Event which are left unattended at the Hotel Premises whether overnight or otherwise including but not limited to wedding presents. All items of property are left entirely at the owner's risk, although on request and subject to availability the Hotel will endeavor to provide storage to accommodate the Client. In such circumstances, the Hotel will not assume custody or control of such articles, which remain on Hotel Premises at the owner's risk.
5.6 The Hotel will accept no responsibility for any damage or loss arising from the acts or omissions of attendees at any other event at the Hotel Premises.

6 Cancellation of Events
6.1 By the Hotel:
The Hotel shall be entitled at their sole discretion to cancel the Event upon notice to the Client of the occurrence of one or more of the following circumstances:-
6.1.1 The closure of the Hotel Premises or any part thereof, due to circumstances outwith the control of the Hotel;
6.1.2 The insolvency of the Client;
6.1.3 Where arrears of payment of any amount due to the Hotel by the Client in relation to the Event or any other event organized by that client at hotel premises, are outstanding for more than fourteen days;
6.1.4 The occurrence of any other circumstances which in the sole opinion of the Hotel would lead to either the reputation of the Hotel being damaged or damage being caused to property of the Hotel;
6.2 In the event of cancellation in terms of clause 6.1, the Hotel will refund any advance to payments made by the Client, less any costs incurred by the Hotel in the organisation of the Event. The Hotel shall not have any further liability to the Client.

6.3 By the Client:-
6.3.1 In the unfortunate circumstances that you have to cancel or postpone your confirmed booking at any time prior to the event, the hotel will make every effort to re-sell the facilities on your behalf.
6.3.2 All cancellations must be received in writing from the client and will take effect from the date of receipt by the hotel.
6.3.3 All charges will be based on guest numbers & rates contracted in the event schedule. If no specific rates are stated the prevailing rates for such services and/or products available at the hotel will be applied. If no specific guest numbers are stated the charging will be based on the maximum guest numbers, theatre style, for the event.
6.3.2 The event or accommodation space cancelled will be classed as last let and therefore the hotel will confirm definite cancellation charges after the intended date of the event. We will reduce your cancellation charges by the profit of any alternative business we have been able to secure on your behalf.

6.3.3 In the event of the hotel being unsuccessful in reselling the cancelled or amended booking, cancellation charges will be made as follows

Cancellation/Partial Cancellation/Postponements
Cancellation charges will apply according to the cancellation notice period given by You and will be based on the total number of guests attending the event. (total numbers is the sum of the highest guest numbers for each day of the event). Cancellation charges will be applied to each day of the event and to all parts of the event.

Period of notice Charge
365 or more days prior to arrival 10% of rates quoted
180 to 364 days prior to arrival 25% of rates quoted
90 to 179 days prior to arrival 50% of rates quoted
60 to 89 days prior to arrival 75% of rates quoted
59 or less days prior to arrival 100% of rates quoted

The charges apply to:
Contracted accommodation, packages & room hire revenue, equipment hire.

VAT is deducted from cancellation charges.

In addition to the event cancellation charges due under this clause, the client must reimburse the hotel for any expenditure incurred in respect of any canceled booking, including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of it's own arrangements with third parties in relation to the event.

8. General
8.1 The Client shall be liable for any loss or damage caused, either to the property of the Hotel, its patrons or any other item of property within the Hotel Premises whether in the ownership of the Hotel or not, by the Client or attendees and the Event.
8.2 The Hotel will take reasonable steps to fulfill its obligations in respect of any Event, in accordance with the details set out in the Contract Form, to the best of its ability, but it reserves the right to provide alternative service of an equivalent standard (whether at the Hotel Premises or elsewhere) at no additional cost to the Client.
8.3 The Client agrees to notify the Hotel in writing as soon as possible (and in any event within 7 days of the Event) of any dissatisfaction in relation to the goods and services provided by the Hotel in relation to the Event, and if possible to put the Hotel in a position to remedy the problem at the Event.

9. Force Majeure
9.1 The Hotel reserves the right to cancel its agreement with the Client or to limit its compliance in any way with its obligations as set out in the Contract Form to the extent that it is prevented or delayed in the carrying out of its obligations due to circumstances beyond its reasonable control including without limitation, accident or breakdown of plant and machinery, acts of god, compliance with any law or governmental order, rule, regulation or direction, war or national emergency, riot, civil commotion, an act or threatened act of terrorism, fire, explosion, flood, epidemic,
non-compliance by any sub-contractor or strikes or failure of any service, any of which circumstances shall mean "Force Majeure" in these Terms and Conditions.
9.2 If the Hotel is prevented or delayed in the performance of its obligations hereunder by reason of Force Majeure, it shall
forthwith serve notice in writing on that effect to the Client
specifying the nature and extent of the circumstances giving rise to Force Majeure, and shall subject to the service of such notice have no liability in respect of the performance of such of its obligations as are prevented by the Force Majeure events during the continuance of such events.
9.3 In the event of the Hotel claiming to be prevented or delayed in performance of its obligations under these Terms and Conditions by reason of Force Majeure, it should use its reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which the agreement with the Client may be performed despite the continuance of the Force Majeure event.

10. Prices
10.1 The Hotel reserves the right to review its annual prices from time to time and to alter prices without notice. In the event that a price change is applied to a confirmed booking, the Client shall not be entitled to terminate the contract provided such increase is in line with inflation and does not exceed 10% Price specified in the Contract Form.
10.2 The Hotel reserves the right to add any new or additional tax or levy imposed by lawful authority to the Price which was not known of by the Hotel at the time the Contract Form was signed.

COMMISSION - APPLICABLE TO AGENTS ONLY
a. The Hotel will only pay commission to those agencies who are certified members of IATA, TIDS or HBAA.
b. Commission will only be paid to a certified agent where: (a) the initial enquiry to the Hotel was made by the agent: and (b) where subsequent written confirmation is received from the same agent.
c. If two or more agencies are involved in the enquiry and booking process, commission will only be paid to the agency selected by the Client at the time of confirmation and notified to the Hotel in writing
d. Commission is payable on pre-booked business only, based on the 'final number' of guests confirmed and as per the commission percentage agreed with the booking Agent.

11. Governing Law
These Terms and Conditions shall be governed by Scots Law and the parties hereto submit to the non-exclusive jurisdiction of the Scottish Courts.

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