These Terms and Conditions shall apply to the use of facilities and services for
functions, events and golf days held at Sonning Golf Club, Duffield Road, Sonning on Thames, Berkshire RG4 6GJ (“the Premises”) provided by Sonning Golf Club Limited (“the Company”) to its customers.
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
- “Booking” – means the arrangement for the use of certain of the Company’s facilities at the Premises and/or the provision of catering and/or related services including, but not limited to, setting the dates for the Event, agreeing the Charges, specifying the nature of the Event and setting out any additional requirements the Customer may have;
- “Customer” – means the customer making the Booking;
- “Deposit” – means the sum payable by the Customer under clause 3;
- “Event” – means the function, event or golf day which the Customer intends to host at the Premises;
- “Charges” – means the sum(s) payable by the Customer for the Event as determined under clause 4 of these Terms and Conditions;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, includes e-mail or fax transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these terms and conditions as amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions;
1.2.5 a “Party” or the “Parties” refers to the persons that are party to these Terms and Conditions and a reference to any Party shall include that party’s personal representatives, successors or permitted assigns.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice
versa and references to any gender shall include the other gender.
1.5 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.1 At the time of making a Booking the Customer shall describe the proposed Event. Details required include the theme, purpose, number of guests, entertainment to be provided and catering requirements.
2.2 The Company may decline to accept a Booking for any reason whatsoever
without being bound to provide justification.
2.3 The Booking will only be deemed as confirmed and binding on the part of the Company once the Company has provided written confirmation to the Customer of acceptance of the Booking and the Deposit has been paid in full (and any payment cleared).
2.4 Provisional Bookings made more than 3 months in advance will be held for 14 days. Provisional Bookings made less than 3 months in advance will be held for 48 hours. In the event that the Company receives a conflicting enquiry the Company will contact the Customer for immediate confirmation of the Booking, failing which the Company may cancel the provisional Booking.
2.5 The acceptance, admission and/or provision of any facilities, services or catering for any guests in excess of the final number confirmed by the Customer in accordance with these Terms and Conditions (or in excess of the number specified at the time of Booking) is at the sole discretion of the Company.
3.1 Unless agreed in advance in writing by the Company the Customer shall be required to pay a Deposit to the Company on making a Booking, the Deposit
shall be the equivalent of the room/venue hire or 25% of the anticipated minimum Charges and (as determined by the Company)
3.2 Subject to the cancellation provisions in clause 5 the Deposit shall be non- refundable.
Fees and Payment
4.1 The Charges for the Event will be as specified in the Booking.
4.2 The Charges will be calculated on the number of confirmed guests or the
number of guests who actually attended the Event, whichever is the higher.
4.3 Unless agreed in writing with the Company the Customer must pay according to the payment terms on your booking confirmation or the minimum charges 14 days prior to the Event (less any Deposit or instalments previously paid).
4.4 For certain large functions or events the Company may require advance payment in one or more instalments as specified at the time of Booking.
4.5 For any Bookings made six or more months in advance of the Event the Company may increase the Charges from those specified in the Booking in line with an increase in its input costs for the provision of the Event plus a margin in line with industry norms.
4.6 Unless agreed in writing with the Company any extras or additional Charges (for example for drinks on account or additional guests) must be paid for on the day of the Event. The Company may require at its discretion a credit or debit card as security for any drinks or other extras to be purchased on account.
4.7 Unless otherwise stated the Charges include VAT at the rate applicable at the time of booking.
4.8 If the rate of VAT applicable increases after the time of Booking the Charges will increase by the amount of the VAT increase.
4.9 Payment may be made by credit card, debit card or BACS (or for items payable on the day of the Event by cash subject to a maximum of £1,000). Payment by cheque will also be accepted for payments due in advance of the Event but will only be deemed as received when it has cleared.
5.1 If the Customer cancels the Booking (other than a cancellation in
accordance with clause 18.2) the Customer shall pay on demand a cancellation charge to the Company representing the Company’s reasonable estimate of the loss arising as a result of the cancellation including:
5.1.1 all costs and expenses incurred by the Company in connection with the Booking up to the date of cancellation and those future costs which cannot in the reasonable opinion of the Company be avoided; and
5.1.2 the loss of profits that in the reasonable opinion of the Company will arise as a result of the cancellation; and
5.1.3 an administration charge of £150;
less the amount of the Deposit & any other advance payments that have previously been paid by the Customer in connection with the Booking.
5.2 If the Deposit or any other advance payments exceeds the cancellation charge then excess shall be returned.
5.3 If the Customer does not cancel the Booking but fails to attend at the
time of the Event the Company shall retain all sums paid and the Customer shall be liable for all Charges applicable to the Event.
5.4 If there is a material shortfall in the number of guests proposed to attend the Event as detailed in the Booking and the number finally confirmed this cancellation policy shall apply to the extent it is applicable to the shortfall.
5.5 The Company may cancel the Booking at any time prior to the start of the Event without liability save that the Company shall refund all sums paid in advance, including the Deposit.
Use of the Premises
6.1 The Customer shall bear the costs of making good any damage to the
Premises caused as a result of the Event (including by any guests or invitees of the Customer).
6.2 The Company (acting reasonably) may require a deposit or pre-authorised debit or credit card as security for any damaged caused to the Premises.
6.3 As a condition of acceptance or continuance of a Booking, the Company (acting reasonably) may require that security personnel (organised by the Company at the expense of the Customer) are present for certain Events.
6.4 The Customer is responsible for ensuring its guests and invitees abide by these Terms and Conditions to the extent applicable to them.
6.5 The Customer (its guests and invitees) may not, at any time, bring on to the Premises any substances which are illegal, noxious, corrosive, toxic,
explosive, hazardous or may present a risk to the Premises or persons.
6.6 The Customer (its guests and invitees) may not, at any time, allow live
animals into the Premises. This prohibition does not include guide dogs or hearing dogs for the visually or hearing impaired.
6.7 The Customer (its guests and invitees) may not at any time use candles or other lighted flames inside the Premises without the prior written permission of the Company.
6.8 No sale of goods may take place during the Event without the prior
written permission of the Company.
6.9 The use of party aerosols and confetti (with the exception of table
confetti) at the Premises is prohibited.
6.10 The Customer must obtain the prior written permission of the Company for any equipment that the Customer (or its guests) intends to provide for use in connection with any Event. Any equipment provided by the Customer must be safe and comply with all legal requirements; the Company accepts no responsibility for the safety of such equipment. The Company may require the removal of any unauthorised or unsafe equipment or any equipment likely to cause undue disturbance or discomfort to the other customers.
6.11 The Customer must not obstruct or cover access to any fire exits or signs nor move any fire equipment, unless being used for its intended purpose.
6.12 If the Customer procures any third-party entertainment provider
(approved in advance by the Company) they are required to provide satisfactory evidence of Public Liability Insurance to a minimum of £5m.
6.13 Areas of the golf course at the Premises are strictly reserved for the Company’s golfing members, their guests, green fee pays and the Customer and its guests where and only to the extent the Event includes golf.
Dress & Mobile Phones
7.1 The Customer and all its guests must abide by the Company’s dress code and use of mobile phone’s policy as in force from time to time as published on the Company’s website and/or within the Premises.
8.1 If inclement weather results in the Company cancelling the Event, the Company will offer the Customer an alternative date to complete the Booking
but no refunds shall be made.
8.2 The Company requires that all players wear golfing shoes with soft or
metal spikes as appropriate for the course conditions; players make their selection at their own risk.
8.3 All players must produce a handicap certificate if requested to do so.
8.4 Reserved tee and meal times must be strictly adhered to.
8.5 Final player numbers must be confirmed to the Company in writing no less than 10 days prior to the Event.
Good Order and Nuisance
9.1 The Customer shall be required to keep all guests and invitees under a
reasonable level of control. This obligation shall extend to noise levels, general behaviour and sobriety.
9.2 Noise must be kept to a reasonable level at all times. The Customer must ensure that no noise escapes the Premises.
10.1 Only food and drink supplied by the Company may be consumed on the Premises (except with the prior written agreement of the Company).
10.2 Final menus (including any pre-selected choice items) must be confirmed by the Customer to the Company 10 days prior to the Event.
10.3 Final catering numbers must be confirmed to the Company in writing no less than 10 days prior to the Event.
10.4 The final catering numbers confirmed by the Customer (in accordance with 10.3) must include all guests attending the Event (or the relevant part).
Minimum Numbers and Timings
11.1 Prior to a Booking being made &/or confirmed the Company may specify from time to time certain minimum numbers of guests for particular Events, times and/or seasonal periods.
11.2 Unless agreed in writing with the Company, lunchtime room reservations are from noon to 5:00pm and evening reservations from 6:00pm until midnight.
12.1 The Customer must provide confirmation of payment of the deposit to the Registrar for any civil wedding ceremony to be held at the Premises before the Booking is confirmed by the Company.
Liability and Indemnity
13.1 To the fullest extent permissible by law, the Company’s liability for any loss or damage suffered by Customer shall be limited to that which arises out of the negligence of the Customer’s employees, subcontractors or agents.
13.2 Notwithstanding clause 13.1, the Company shall not be liable for any
indirect loss or damage which may be suffered by a Customer including, but not limited to, loss of income, loss of business, loss of profits, loss of opportunity, loss of anticipated savings, loss of data or loss of enjoyment.
13.3 Nothing in these Terms and Conditions purports to limit or exclude the Company’s liability for:
13.3.1 death or personal injury caused by the negligence of the Company,
its employees, subcontractors or agents;
13.3.2 fraud or fraudulent misrepresentation; or
13.3.3 any other matter for which it would be illegal for the Customer to
limit or exclude its liability.
13.4 The maximum liability of the Company, to the extent permitted by law, shall be limited to the total of the Charges payable by the Customer.
14.1 The Company may cancel any Booking forthwith, and shall not be liable for being prevented from fulfilling its obligations, by reason of any supervening event beyond its control including but not limited to adverse weather conditions, fire, war, national emergency, flood, earthquake, strike or lockout, food or labour shortage or the failure of any supplier.
14.2 The Company recommends that the Customer consider taking out event cancellation insurance to provide cover against such circumstances.
15.1 The Company shall be entitled to terminate the Booking in the event that the Customer:
15.1.1 is in breach of these Terms and Conditions;
15.1.2 goes into bankruptcy, administration or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
15.2 In the event of termination for any reason in clause 15.1 then:
15.2.1 all payments required under the Booking shall become due and
immediately payable; and
15.2.2 the Company shall have the immediate right to request the immediate vacation of the Premises if the Event or preparations thereof
have already commenced.
16.1 The Customer’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
16.2 The Company may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Customers as soon as is reasonably possible of any such changes.
16.3 If Customer is more than one person, then in each case those persons shall be jointly and severally liable for their respective obligations arising by virtue of the Booking and/or these Terms and Conditions.
16.4 If the Customer is a body corporate, association, other collective or any person other than the individual(s) making the Booking then the individual(s) making or approving the Booking and/or these Terms and Conditions shall be jointly and severally liable with the Customer for the Customer’s obligations hereunder.
16.5 These Terms and Conditions shall be deemed to incorporate the Company’s “Club Rules” for the Premises in force from time to time to the extent applicable, save that in the event of a conflict these Terms and Conditions shall prevail. A copy of the Club Rules is available on request.
16.6 The Customer shall have been deemed to accept these Terms and Conditions by proceeding with a Booking to which they apply whether or not they have been signed.
Third Party Rights
17.1 A person who is not a party to the contract of which these Terms and Conditions form part shall not have any rights under or in connection with it.
Assignment and Transfer
18.1 The Company may assign or otherwise transfer the benefit of the Booking to a new operator of the Premises and promptly following such a transfer the Proprietor will give notice to the member of the new operator.
18.2 The Customer may cancel the Booking at any time and without penalty within 14 days of receiving notice of such a transfer by the Company if the Customer’s rights are unduly prejudiced as a direct consequence (and in such incidence any Deposit or other advance payments paid will be returned).
18.3 The Customer may not assign nor otherwise transfer the benefit of the Booking.
19.1 No failure by the Company to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.
20.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
Law and Jurisdiction
21.1 These Terms and Conditions and the Booking shall be governed by the laws of England.
21.2 Any dispute between the Parties relating to these Terms and Conditions and/or the Booking shall fall within the exclusive jurisdiction of the courts of England.