1. Payments/Deposits: Subject to the terms of this paragraph, a non-refundable deposit of £1000 of the Total Booking Fee (incl. VAT) is required to confirm the booking. Fees are due and payable with the acceptance of these terms and conditions. In the event that the Total Booking Fee is less than £500 then the full amount of the Total Booking Fee is due and payable as a deposit on acceptance of these terms and conditions.The Hirer will be invoiced for the balance of the Total Booking Fee 3 months prior to the event. VAT is charged at the rate in force at date of invoice. A fully refundable deposit of £500 is due in advance of the date of arrival and will be returned on or before one month following the departure of the Hire, if no breakages or negligence are found. Any breakages or negligence in excess of £500 will be for the account of the hirer. Any agreed additional facilities and any surcharge will be invoiced following the hire. Payment is due within two weeks of invoice. Cheques are not accepted. If payment is not made on time Carrick Castle Estate may, at its sole discretion, cancel the event and retain any deposit paid with no further liability. Notwithstanding the foregoing, in the event that the Total Booking Fee (incl. VAT) is less than £500 or the event is due to take place within 3 month of the date of the booking, the full and non-refundable Total Booking Fee (incl. VAT) will be payable on making the booking.
2. Late payment: In the event of late payment interest will run on any balance outstanding at the rate of 2% above the Base Lending rate of The Royal Bank of Scotland from the time until all outstanding monies have been paid or the reservation has been cancelled by Carrick Castle Estate.
3. Surcharges: In the event of the hire continuing beyond the agreed end time, a surcharge of 25% of the Total Booking Fee (incl. VAT) will be charged for each hour or part thereof in excess of the agreed end time. In addition, any additional costs incurred as a result of the Hirer failing to comply with the terms of this contract will be chargeable to the Hirer.
4. Cancellation: In the event of the Hirer canceling the event between one year and 3 months before the date, the Hirer shall forfeit all deposits; in the event of the cancellation of the event by the Hirer within 3 months of the event the full Total Booking Fee (inc. VAT) will still be due and payable. The periods of one year or 3 months shall mean clear periods and shall not include the date of the event itself. If a hire has to be cancelled by Carrick Castle Estate, as much notice as practicable will be given and the deposit will be repaid but Carrick Castle Estate will have no further liability. Without prejudice to the foregoing generality, Carrick Castle Estate may cancel events for reasons beyond its control or for reasons of works required to its property. Without prejudice to the foregoing generality, Carrick Castle Estate will not be held liable for any disruption to the function due to the closure of the Property or any restrictions of access which were unforeseen at the time of booking. You may wish to take out insurance cover against this occurrence.
5. Termination: In the event that the Hirer, its contractors, staff or invitees fail to comply with any reasonable requests made by Carrick Castle Estate staff, or in the view of Carrick Castle Estate staff the behavior or actions of the Hirer, its contractors, staff or invitees are likely to be prejudicial to the safety, security or enjoyment of anyone within the property or the safety, security or conservation of the property and its collections, Carrick Castle Estate reserves the right to terminate the hire immediately without notice, refund, or liability.
6. Protection of Historic Subjects: Carrick Castle Estate’s properties and collections are of cultural and historic importance. Applications for their use are accepted on the basis that the event is considered reasonable and appropriate by Carrick Castle Estate. Any misrepresentation of the purpose of a function may result in cancellation by Carrick Castle Estate. The Hirer acknowledges that the property and its collection must be treated with due care and respect at all times by the Hirer, its contractors, their staff and invitees. Any instructions or guidance given by Carrick Castle Estate staff must be complied with immediately.
7. Risk Assessment: If required, the Hirer and their suppliers must produce valid risk assessments and/or method statements for any activities to be undertaken at the property relating to their event including any impact on the interior and exterior of the property. The Hirer will ensure that the event will not (in Carrick Castle Estate’s sole opinion) be of a nature or conducted in such a manner as to bring the Carrick Castle Estate into disrepute or be inappropriate, distasteful, or likely to cause offence.
8. Exclusion and Indemnity: Carrick Castle Estate will not be held liable for any loss, damage, or injury to the Hirer, his employees, contractors/suppliers, invitees or participants in the function which is the subject of this hire, or their property, or any property hired or loaned to them, whilst on Carrick Castle Estate property concerned. The Hirer will indemnify Carrick Castle Estate for and against all loss, damage, costs, and expenses incurred by Carrick Castle Estate as a result of the actions or omissions of the Hirer, its employees, contractors/suppliers, invitees or participants in the event. Nothing in this agreement will exclude any liability of Carrick Castle Estate arising from the death or injury of any person due to the negligence of Carrick Castle Estate or those for whom it is vicariously liable.
9. Insurance: Private functions which do not have a corporate insurance policy to cover their activities on Carrick Castle Estate property can be covered by Carrick Castle Estate insurance, however this will cover public liability on behalf of the Estate only and it is recommended that Private Functions take out their own public liability insurance to cover any damage not at the fault of the Estate. For corporate bodies with their own cover, it shall be regarded as an essential pre-condition of the hire that indemnity insurance cover for the event is taken out by the Hirer. The Hirer shall provide Public Liability Insurance (& Products liability where necessary) to cover, inter alia, damage to Carrick Castle Estate property and collections to a minimum limit of £1M for any one occurrence, and shall maintain such insurance in force for the duration of this agreement. The Hirer is to provide evidence that the policy has been taken out and the premium paid. In either case, where total numbers attending (including Carrick Castle Estate staff and contractors) is expected to be more than 200, Carrick Castle Estate requires to obtain the prior agreement of the Carrick Castle Estate’s insurers.
10. Contractors/Suppliers: The Total Booking Fee (incl. VAT) includes only the provision of such external contractors (such as caterers, florists, photographers, musicians, marquee or lighting suppliers) as are detailed on the front page of this Contract of Hire. Any external services to be supplied by a contractor appointed by the Hirer must be approved in advance by Carrick Castle Estate. Hirers will be held responsible for any damage caused by their suppliers, subcontractors, invitees, or guests. It is required that Hirers agree the terms and conditions of supplying products and services with each such supplier. The Hirer is to ensure that their suppliers are aware of and abide by the restrictions set out in the Terms and Conditions which form part of this document. Only approved suppliers will be able to operate within Carrick Castle Estate Properties. A list of these is available on request. If your preferred supplier is not on the list, you will need to provide details (including references, adequacy of liability insurance and safety record) to the Carrick Castle Estate Property Manager who will assess whether they may be approved to work in the Property. Carrick Castle Estate shall have no responsibility or liability for any suppliers appointed by the Hirer. The Hirer may wish to investigate the possibility of insurance for the failure of any supplier.
11. Complaints: Any complaint relating to this hire can only be considered by Carrick Castle Estate if made fully in writing to them within seven days of the end of the period of hire.
12. Statutory and other regulatory requirements: The Hirer must comply and ensure that its invitees, guests, and contractors comply with all statutory and other regulatory requirements pertaining to the hire. Carrick Castle Estate respects your privacy and will not disclose your personal data to any third party without your consent. By providing your signature bellow, you consent to Carrick Castle Estate processing any personal data that may be collected from you for the purpose of supplying goods or services pertinent to the hire, maintaining customer records and collating statistical information. Any information we do pass to a third party will be used only to provide the goods, services or information you have requested.
13. Exclusivity: In the event that the event takes place on areas of the estate that are open to public use, Carrick Castle Estate cannot control the admission of members of the public to the property and therefore cannot guarantee exclusivity. The event shall be carried out in such a way as not to interfere with access to or viewing of the property or any part thereof.
14. Restrictions: The Terms and Conditions attached to, and forming part of this contract set out the restriction of use of Carrick Castle Estate properties and are deemed to be incorporated herein.