Terms and Conditions
HIGHCLIFFE CASTLE IS OWNED AND OPERATED BY CHRISTCHURCH BOROUGH COUNCIL
STANDARD CONDITIONS OF HIRE
All correspondence and applications for the Hire of Premises must be made to the Manager of Highcliffe Castle who reserves the right to call for further particulars of the proposed Hiring.
The Hirer must be over 18 years of age and shall be the person by whom the form of application for the Hiring is signed. Such person shall be responsible for the payment of all fees due in respect of the Hiring and for the observance and performance in all respects of the conditions and stipulations herein contained and any special conditions that the Council may impose and on the part of the Hirer to be observed and performed.
(a) No part of the Premises is to be used for any purpose other than the purpose of the Hiring.
(b) No part of the Premises is to be used for any unlawful purpose or in any unlawful way.
(c) The Hirer shall not enter upon the Premises prior to the period of hire specified in the form of application for the purpose of setting up equipment, stalls or for any other purpose unless the Hirer shall have obtained prior written consent.
4. Fees and Charges
(a) The Hirer shall pay to the Council with, and in addition to, the scale charges appropriate to the Hiring, such amount by way of deposit as may be determined by the Council. In the event of damage occurring during the Hiring, this deposit, or the requisite part thereof, will be applied on account or in satisfaction, as the case may be, of any sum due from the Hirer in respect of the cost of making good any damage which occurs during the Hiring. Any balance not so applied will be returned to the Hirer.
(b) The Council reserves the right to refuse access to the premises hired if the whole of the fees have not been paid or if these regulations have not been complied with.
(c) The Council also reserves the right to refuse to accept payment by cheque.
5. Payment of charges
All charges must be paid within the time-scale specified by the Council. Bookings accepted later than 30 days prior to the date of Hiring must be paid for in full at the time of booking. Special arrangements may be made for payment for series bookings. Any extras incurred on the day of the Hiring must be signed for by the Hirer and must be paid for in full on the day.
(a) During the Period of the Hiring the Hirer is to be responsible for:
the efficient supervision of the Premises including (without prejudice to the generality of the above):
(aa) the effective control of children
(ab) the safety of the Premises
(ac) the preservation of good order and decency in the Premises.
(ad) ensuring that all doors (if any) giving egress from the Premises are left unfastened and unobstructed and immediately available for exit.
(ae) ensuring that no obstruction is placed or allowed to remain in any way giving access or egress to the Premises.
7. Expiration of Period of Hiring
At the expiration of the period of the Hiring the Hirer is to leave the Premises in a clean and orderly state free of litter and in particular (but without prejudice to the generality of the above) the Hirer is to remove all equipment previously brought in by or on behalf of the Hirer.
8. Agreement personal to Hirer
The benefit of the Agreement is personal to the Hirer and not assignable or capable of being sub-hired.
9. Damage to Council property
The Hirer is to take good care of and not cause any damage to be done to the Premises or to any fittings, equipment or other property in the Premises and save to the extent that the Council may be indemnified by insurance the Hirer or anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the Premises shall indemnify the Council against all such liabilities as are mentioned in this condition.
10. Injury to persons and loss of property
(a) The Council will not be liable for the death of or injury to any persons attending the Premises for the purpose of the Hiring or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by the Agreement except where such death, injury or loss is due to the negligence of the Council.
(b) The Council will not under any circumstances accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the Premises either by the Hirer for his own purposes or by any other person or left or deposited with any officer or employee of the Council.
(c) The Hirer will indemnify the Council against all such liabilities as are mentioned in this condition.
11. Further exclusions of liability
(a) The Council will not be liable for any loss due to closure of the building due to any circumstances outside its control including any breakdown of machinery, failure of supply of electricity, leakage of water, fire, government restriction or act of God which may cause the Premises to be temporarily closed or the Hiring to be interrupted or cancelled.
(b) The Council gives no warranty that the Premises is legally or physically fit for any specific purpose.
12. Right of entry
The Council reserve the right for duly authorised members or officers or employees of the Council to enter the Premises at any time for any authorised purpose, including for the purpose of ensuring compliance with the terms of this Agreement. Any ticket takers or stewards are to be notified accordingly by the Hirer.
The Hirer shall not do anything or suffer or permit any person attending the Premises to do anything likely to cause annoyance or to be a nuisance to neighbouring occupiers.
14. Requests or Instructions
The Hirer shall comply with all requests or instructions of the Council relating to or concerning the Hiring.
15. Cancellation by Hirer
(a) If the Hirer wishes to cancel the Hiring in whole or in part the Hirer must give to the Council notice to that effect in writing. If the Hiring is cancelled all payments made are non refundable.
(b) In the event of such notice being given 30 days or less than 30 days prior to the date of the Hiring the Council shall be entitled to payment of the full Hiring Fee.
16. Cancellation by Council
(a) The Council may cancel the Hiring if the Premises is required for any purpose in connection with a Parliamentary or local government election or if the premises are rendered unusable by any such event as is mentioned in Clause 11(a).
(b) If the Hiring is cancelled for any such reason as is mentioned in Condition 16(a) the Council will give to the Hirer the maximum practicable notice and refund the Fee but will not otherwise be liable to the Hirer.
17. Breach by the Hirer
Should the Hirer fail to observe and perform any of these conditions and any special conditions the Council reserves the right to:
(a) Charge and recover from the Hirer any expenses incurred by the Council in remedying such failure including the employment of such agents as may be appropriate; and
(b) Cancel the hiring of the Premises by the Hirer forthwith without incurring any liability to the Hirer for the return of any fee or otherwise.
18. Statutory requirements
The Hirer shall not do or permit any act, matter or thing which would or might constitute a breach of any statutory requirement affecting the Premises nor which would or might vitiate in whole or in part any insurance effected in respect of the Premises.
Any complaint arising out of the Hiring must be made in writing to the Council within three days after the expiration of the period of Hiring.
20. Council to act by its officers
The Council may act through any authorised officer and references in these Conditions to any approval, discretion, consent or requirement of the Council are deemed to be references to the approval, discretion, consent or requirement of any such officer and anything which the Hirer is required to produce to the Council is to be produced to such officer.
All notices, demands or requests by either party to the other shall be in writing and shall be sufficiently served if delivered by hand or sent by recorded delivery to the address of the Hirer specified in the Agreement in the case of a notice, demand or request to the Hirer and to the Chief Executive Officer at the Civic Offices in the case of a notice, demand or request to the Council.
HIGHCLIFFE CASTLE SPECIAL CONDITIONS
SC1hc Car Parking
The Hirer shall not park or allow to be parked any vehicles on the Premises unless authorised in writing by the Castle Manager. Otherwise all vehicles shall be parked in the authorised parking areas as directed by the Castle Manager and the Hirer shall ensure that vehicles are parked in accordance with the provisions of the Council's current Off-Street Parking Places Order.
SC2hc Heavy Vehicles and Equipment
No heavy vehicles or equipment shall be brought onto the Premises or the surrounding parkland without the prior written consent of the Castle Manager and the Hirer shall comply with all requirements of the Castle Manager in connection with any heavy vehicles or equipment so authorised.
SC3hc Posters and Advertisements etc
(a) No fly-posting in connection with the purpose of hire shall be permitted on the premises or any part thereof or on any other land, buildings or structures whatsoever
(b) The Hirer must obtain the prior written permission of the Castle Manager to the placing of any posters or other advertisements or notices in connection with the purpose of the hire.
The Hirer shall only use the access to the Premises specified by the Council.
The Hirer is responsible for ensuring that the hiring commences at the time agreed with the Council and that any impediment on subsequent bookings will result in the Council’s right to cancel the Hiring without returning any fees and without any incurring any costs resulting from this action from the Hirer.
SC6hc Confetti & Candles
No confetti including all biodegradable varieties such as rice, bird seed, rose petals etc. is permitted to be thrown on the site by the Hirer or anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the Premises and Grounds. This includes confetti style decoration on reception tables. Candles (if used) are to be contained within fire proof holders (shallow tealight holders are not acceptable) and positioned in agreement with the Castle Manager.
SC7hc Noise/Amplified Music/Discos
Noise and amplified music must be kept at acceptable levels as specified by the Council at the time of the Hiring. Amplified music is required to finish 15 minutes before end of the event. On leaving the Castle and the Grounds the Hirer and anyone for whom the Hirer is responsible must keep noise to a minimum level. The use of smoke machines and/or foggers is not permitted inside the Castle.
SC8hc Electrical Equipment
No electrical equipment may be used by the Hirer or persons for whom the Hirer is responsible at the Premises without the prior written consent of the Castle Manager and the Hirer shall comply with all requirements of the Castle Manager in connection with any equipment so authorised. All equipment must be PAT tested for electrical safety.
SC9hc 3rd Party Contractors
The Hirer is directly responsible for any work carried out at the Premises by a 3rd party and may not allow the 3rd Party to enter the Castle or Grounds or carry out any work without the prior written consent of the Castle Manager. The Hirer must ensure that all 3rd Party Contractors who require access to the site, on behalf of the Hirer, are registered with the official body for that industry (e.g. all gas Contractors must be Corgi registered) and have public liability insurance of £5M. The Castle Manager shall be entitled to refuse to give permission to any 3rd party to carry out work at the Premises.
SC10hc Catering – Food & Beverages
Catering at Highcliffe Castle is subject to all the requirements of Special Condition SC9hc above with the addition of an administration charge per caterer, to be paid by each couple choosing to employ an outside caterer not already on the Castle Manager’s approved list for the purpose of a wedding reception. The Castle Manager will not consider giving permission for an outside caterer to work at Highcliffe Castle until:-
(a) a site meeting has been held with the caterer
(b) evidence has been supplied of food hygiene certificates for the caterers and
(c) evidence has been supplied that the caterer has at least £5M public liability insurance.
The caterer must maintain any insurance policy referred to in (c) above for the duration of the Hiring of the Premises.
Other Catering & Beverage Conditions
i. A service charge per guest is levied if the Hirer wishes to provide their own beverages.
ii. The Hirer’s own beverages will be served until the end of the main food service.
iii. The Hirer must not allow anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the Premises and Grounds to bring in their own drinks, alcoholic or otherwise for consumption on the premises. Those found doing so will have their beverages confiscated.
iv. Beverages are to be consumed inside the building only, not in the grounds or driveway.
v. For Environmental Health reasons, any remaining food will be disposed of at the end of the event and cannot be taken away by the Hirer.
vi. Permission to consume beverages of any type in the Castle grounds must be sought from the Castle Manager.
vii. The Castle bar will close 30 minutes before the end of the event.
SC11hc Payment of Hire Fees
For a Hiring of the Premises for a civil ceremony and/or wedding reception (subject to the provisions of Clause 15 of this Agreement in the event of a cancellation of the Hiring):
(a) On initial booking the deposit is required which will be £200 for a civil ceremony only and £500 for ceremony and/or reception.
(b) 8 months prior to the date of the Hiring (or on the initial booking if sooner) a further payment of £300 (if holding just the civil ceremony) or 50% of the estimated total Hiring Fee (if holding ceremony & reception) is required.
(c) 30 days prior to the date of the Hiring, final numbers & payment of the full balance of the total fee for the Hiring (including without limitation any administration charges) is required.
If the Hirer does not make any of the scheduled payments when due under this Agreement, the Council reserves the right to cancel the Hiring, and retain all payments received up to the date of cancellation
SC12hc Refusal of Entry & Service
The Castle Manager shall be entitled to refuse to allow entry to the Premises or service to any person/s for any reason. The Castle Manager shall also be entitled to ask any person/s to leave the Premises or Grounds for any reason.
Should the Hirer or anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the Premises and Grounds breach the terms and conditions of this Agreement (without prejudice to the Council’s other rights and remedies) the Hirer will be asked to pay a surcharge payment in the following circumstances:-
a) Damage Surcharge – a payment to cover the cost of making good any damage caused to the Premises or any of the Council’s fittings equipment or other property in the Premises arising from any such breach (including without limitation the cleaning of the Premises and the clearing up of bodily fluids) which payment shall be such sum as shall be assessed by the Castle Manager as being reasonable in the circumstances but shall in any event be a minimum amount of £100 + VAT.
b) Security Surcharge – if the Hirer and the Hirer’s party fail to vacate the Premises within 30 minutes of the agreed event end time a payment of £50 per hour (or any part of an hour where a full hour is not completed) + VAT.
c) Expenses Surcharge – in the circumstances mentioned in Clause 17 of the Standard Conditions of Hire a payment to cover the expenses incurred by the Council as described in that Clause.
The Hirer will be invoiced for the surcharge payment and payment must be paid within 21 days of the date of the invoice.
SC14hc Additional Terms
The terms contained in the Highcliffe Castle Wedding Brochure relating specifically to wedding ceremonies shall apply to any Hiring of the Premises for such a purpose as if they were set out herein.
SC15hc Building Works
Highcliffe Castle is a Grade 1 Listed building and has an ongoing programme of maintenance, repairs and restoration and the Council reserves the right to undertake any such works without being in any way responsible or liable to the Hirer as a result. Where any works to Highcliffe Castle are to be undertaken (whether or not involving access to any external elevation of the building) and the period during which the works are to be undertaken includes the date of the Hiring, the Council will give written notice to the Hirer as soon as practicable.