Terms & Conditions
(A) “MeetingsInn”, located at 40A Market Place, Ripon, HG4 1BZ registration number 09027576 provides an online presence from which a public house, inn, hotel, or otherwise is able to take a reservation for any available meeting space and accommodation that it has available.
(B) “The Proprietors” and their managed pubs & inns, wishes to engage MeetingsInn, as its national meetings focused pub and inn online presence for the reservation of its meeting space.
1. Definitions and Interpretations
1.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings;
|Customer||that person, firm, body corporate or otherwise that books an event at the Venue|
|Commencement Date||The date from which the venue becomes live on meetingsinn.com|
|Customer Contract||the contract between the Customer and the Proprietor (in the form stipulated by
MeetingsInn from time to time) in respect of a Meeting and/or ancillary services,
such as (without limitation) accommodation and catering
|Intellectual Property||means any patent, copyright, registered design, unregistered design right,
trade mark or other industrial or intellectual property;
|Meeting||the meeting reserved by a Customer via the Website to be held at the Venue|
|Price||as provided for in clause 6|
|Services||the services provided by MeetingsInn as set out in clause 3|
|Term||As provided for in clause 9|
|Proprietor||The owner, landlord or manager of the Venue to which this contract applies.|
|Venue||means a public house, inn, bar, hotel, restaurant or otherwise where meeting
room space and/or accommodation is to be made available for use by third parties
by the Proprietor/s either directly or through the Managed/Tenanted pub chain.
1.2 This Agreement shall bind the parties and their respective successors or assigns.
The Proprietor agrees, for the Term to appoint MeetingsInn as its representative for the online reservation of its meeting rooms and accommodation facilities
3. MeetingsInn Services
3.1 In consideration of the payment of the price, MeetingsInn undertakes to provide the following to the Proprietor:
3.1.1 a presence on the Website with the ability for Customers to view the Venue(s), the available services and facilities, make enquiries and make a reservation of the Venue’s facilities for meetings and/or otherwise. MeetingsInn reserves the right to grade each Venue in accordance with its determination of the type of meeting that Venue is most suitable for. MeetingsInn will endeavour to maintain the availability of the Website on a permanent basis, however, does not provide any guarantee of the Websites uptime, nor is it under any obligation to do so.
3.1.2 market the Website to those people, businesses or otherwise that it is felt would benefit from the services provided by the Website.
3.1.3 point of sale material to be used internally at the Venue(s). Additional merchandise is available on request, at an additional cost to be agreed with MeetingsInn.
3.1.4 a manual on how to provide a high quality meeting.
3.1.5 discounted prices on a selection of meetings equipment, such as (but not limited to) projectors, flipcharts and screens; prices shall be made available upon request.
3.1.6 discounted prices on MeetingsInn branded stationery for use at the Venue(s).
3.1.7 marketing services to support and enhance the Venue’s ability to present their meetings services to potential customers (at an additional cost).
4.1 By having a presence on meetingsinn.com, the venue agrees that MeetingsInn will notify the venue of booking enquiries via email.
4.2 The Proprietor(s) undertake to monitor the given email address and respond to booking enquiries within 48 hours to confirm or decline the requested booking.
4.3 MeetingsInn does not warrant, guarantee or otherwise make any promise to the Proprietor that it will receive any particular level of income as a result of entering into this agreement. Further, it is the responsibility of the Proprietor to ensure that the Customer contract is entered into and concluded; nothing in this Agreement shall confer upon MeetingsInn any agency obligations in respect of the Proprietor.
5. Proprietor’s obligations
5.1 The Proprietor(s) undertakes that they will
5.1.1 submit their venue information as detailed in the online sign up form. Ensure that the information is true. accurate and has been provided by an authorised employee/proprietor of the business.
5.1.2 review the information submitted as it appears on meetingsinn.com and inform MeetingsInn of any errors, including but not limited to: price, imagery, location, description
5.1.4 advise MeetingsInn as soon as reasonably practicable upon it becoming aware of any malfunction with, error upon, or any other defect relating to, the Website
5.1.5 The Proprietor(s) undertake to monitor the given email address and respond to booking enquiries within 48 hours to confirm or decline the requested booking.
5.1.5 display the point of sale marketing literature provided by MeetignsInn in prominent areas of the venue, at all times throughout the Term.
5.1.6 ensure that all and every law, rule, regulation or otherwise pertaining to the Venue(s) (for example relating to health & safety or fire) is adhered to and that it has in force those policies and procedures necessary to ensure the compliance with this clause 5.1.6
6. Price and Payment
6.1 All bookings made by a Customer will incur a 10% commission charge from MeetingsInn based on the total cost of the meeting at the time of booking. This NON-REFUNDABLE payment will be taken directly from the Customer on acceptance of the booking enquiry by the venue. Any additional services provided by the Venue(s) directly to the Customer after the initial online booking is made will NOT incur a commission charge from MeetingsInn.
6.2 The venue agrees that collection of the balance of 90% from the Customer will become the responsibility of the venue.
6.4 All prices displayed on meetingsinn.com include VAT;
7. Intellectual property
7.1 As between MeetingsInn and the Proprietor all and every right in the Intellectual Property in any document (including photographs) provided by the Proprietor (“Document”) shall be assigned to MeetingsInn. The Proprietor warrants that the right in the Intellectual Property in the Documents belong to the Proprietor, unless it notifies MeetingsInn otherwise in writing.
7.2 The Proprietor undertakes to indemnify and keep fully indemnified MeetingsInn at all times from, for and against all liabilities, costs, expenses and damages (including any direct or indirect consequential losses, loss of profits,) and all interest, and penalties suffered by or incurred by MeetingsInn arising from any breach of this clause 7 by the Proprietor of the Venue.
8. Limitation of Liability
8.1 Except as expressly set out in this Agreement, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from this Agreement.
8.2 Nothing in these Terms limits or excludes the liability of MeetingsInn for death or personal injury resulting from negligence, or for any damage or liability incurred by the Proprietor of the Venue as a result of fraud or fraudulent misrepresentation by MeetingsInn.
8.3 Subject to clause 8.2:
8.3.1 MeetingsInn shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
8.3.2 MeetingsInn’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to the Price paid by the Proprietor in the 12 month period that the liability arose.
9.1 This Agreement shall commence on the Commencement Date and shall continue for a minimum period of twelve months (subject to being terminated in accordance with the provisions of clause 10 (“Initial Term”) and thereafter for additional periods of 12 months unless and until terminated by either party by giving not less than 60 days’ written notice to the other to expire upon either:
9.1.1 the expiry of the Initial Term, or
9.1.2 a break clause has been agreed in the first year of the agreement or
9.1.3 in the event that this Agreement continues after the expiry of the Initial Term, each and every subsequent anniversary of this Agreement
10.1 Either party may terminate (the “Terminating Party”) this Agreement without liability immediately (or following such notice period as the Terminating Party sees fit), by giving written notice to the other (the “Defaulting Party”) if:
10.1.1 the Defaulting Party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 21 days after being notified in writing to do so; or
10.1.2 the Defaulting Party is in the reasonable opinion of the Terminating Party unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, the Defaulting Party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, a petition is filed, a resolution is passed, or an order is made, for or on connection with the winding up of the Defaulting Party, an application is made to court for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Defaulting Party, or a floating charge holder over the assets of the Defaulting Party has become entitled to appoint or has appointed an administrative receiver; or
10.1.3 the Defaulting Party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business, or
10.2 MeetingsInn shall be entitled to terminate this Agreement should the Proprietor of the Managed pubs persistently breach its obligations in clause 5 and in effect the contents of the Schedule in such a manner as to reasonably justify the opinion that its conduct is inconsistent to give effect to the terms of this Agreement and the implied level of quality required by the Proprietor in providing its service to the Customer.
10.3 Upon this Agreement terminating the Proprietor must cease using any MeetingsInn, signage, stationery, point of sale material and their details will be withdrawn from the Website.
11. Data Protection
11.1 In respect of any personal data (as defined in the Data Protection Act 1998 (the “1998 Act“)) processed by each party pursuant to this Agreement, including Customer Data (as defined below), each party warrants and undertakes to the other that it:
11.1.1 has made all necessary notifications of its particulars in accordance with the 1998 Act and any regulations made thereunder and all details supplied to the Information Commissioner in relation to each application are accurate and complete;
11.1.2 complies and will continue to comply with all applicable data protection legislation, including the 1998 Act, any regulations made thereunder and any guidance notes or guidelines issued by the Information Commissioner;
11.1.3 will co-operate fully in complying with any subject access requests made pursuant to the 1998 Act; and
11.2 Subject to all applicable data protection legislation, all Customer personal data generated in relation to this Agreement (“Customer Data“) shall be owned jointly by the parties and, subject to any relevant consents being granted by the customer under the 1998 Act each party shall be entitled to exploit such Customer Data in whatever manner it sees fit.
12.1 Force Majeure Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
12.2 Waiver. A waiver of any right or remedy under this Agreement or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.3 Third party rights. A person who is not a party to this Agreement shall not have any rights to enforce its terms.
12.4 Variation. Except as set out in this Agreement, no variation of the terms of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by MeetingsInn.
12.5 Whole Agreement. This Agreement constitutes the entire agreement between the parties to it. The Proprietor acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of MeetingsInn which is not set out in this Agreement.
12.6 Severance. If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
12.7 If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.8 Governing law. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
12.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).