Terms and Conditions – Walled Garden Venue Hire

General – The Walled Garden venue is a delicate environment and the marquees are vulnerable to damage. Because of this we only permit a handful of events per year and will allocate those spaces to clients for whom we judge are best suited to the venue. We hope that guests will appreciate and enjoy the venue and treat it with respect. Stubbers Adventure Centre is a working children’s activity centre. Users of The Walled Garden and their guests do so in the full knowledge that higher standards of behaviour and respect for property and staff are required than might be expected at another venue. From experience we can say that the venue is not suitable for teenage parties and similar events.

The contract

1. Your contract is with us, Stubbers Training Limited, registered company number 3755730, a trading arm of Stubbers Adventure Centre Limited.

2. We appreciate that on occasions someone else may wish to make payments due to us on your behalf. We are happy to accept such payments, but please note that unless we agree otherwise with you in writing, you are legally responsible for any payments due to us.

3. Definitions: “venue” means the venue at The Walled Garden, Stubbers Adventure Centre and “event” means the wedding reception, party or other function planned to take place at the venue.

Making your booking

4. We may agree to you making a provisional booking with us, but this is not legally binding on either you or us unless and until a contract is entered into.

5. If, after receiving our booking confirmation for your event, you want to make a booking with us, you should within 14 days of the date of our booking confirmation pay the reservation fee as detailed in the confirmation letter. Payments can be made in cash, by cheque or by most credit/debit cards. Please note that your reservation fee will not be refunded if you subsequently cancel a confirmed booking, as explained in paragraph 21 below. A contract is only formed between you and us when we accept your deposit and we send your invoice. No booking application shall be binding on us and no contract shall be formed unless and until we receive the reservation fee. If we are unable to accept or honour your booking application, we shall of course return your reservation fee.

6. As part of your venue hire, The Walled Garden of Stubbers Adventure Centre will be hired to you for the period set out in your booking. We will not hire out The Walled Garden to anyone else during this period, but we cannot guarantee that no one else will be present in Stubbers grounds outside of The Walled Garden at the same time as you and your guests. The period for use of the venue are as detailed on your booking confirmation. Access to the venue outside of those times is by permission of the Stubbers management. In making the booking you agree to the following time constraints:

  1. Stubbers Adventure Centre public gate open times are 0900 to 1700. On request the gate may remain open for access later than 1700, although we reserve the right to close the gate if required for safeguarding or security. In which case another arrangement will be put in place for gate opening for access.
  2. Notwithstanding times permitted for access for set up and kit down of your event, the event start time – the time that guests are expected to arrive – will be agreed at time of booking. Our standard timings are:
    1. wedding receptions: between hours of 1300 and 2300
    2. day time events: between hours of 1000 and 1700
    3. evening events: 1900 to 2300
  3. The latest time for the end of an event is 2300. There is to be no noisy activity after this time, including playing of music. All visitors and contractors must be clear by 2359.
  4. Bar will be manned and open for up to 6 hours. Last orders are at 2245.

Price

7. Subject to paragraphs 11 to 13 inclusive, the price of your venue hire package shall be as set out in your confirmation letter and attachments.

8. If additional services are added subsequent to the booking being confirmed – or if for example we determine that the numbers attending the event require additional staff – the final price will be determined either in accordance with the booking or as otherwise agreed with us (for example, if there are any "extra" services not set out in the booking which we subsequently agree at our discretion to provide to you).

9. If your venue hire is scheduled more than 1 year after the date of our confirmation of booking, we reserve the right to increase the price of your venue hire by up to 5% for each complete period of 12 months between these two dates.

10. All prices are exclusive of VAT. If the rate of VAT changes between the date the contract is formed between you and us and the date of your event, we will adjust the VAT you pay (and hence the overall price of your venue hire package), unless you have already paid for your event in full before the change in the rate of VAT takes effect.

Payment of balance

11. On receipt of the reservation fee we will invoice you for the total price of your venue hire package is to be paid 3 months before the scheduled date of your event. The reservation fee paid at time of confirmation will be the deposit for your event returnable on completion of the event unless deductions are made (see para 17).

Your responsibilities

12. The Hirer will ensure that the number of people attending the event does not exceed the maximum agreed at time of booking.

13. You must confirm final catering numbers no later than 28 days before your event so that a final invoice may be raised by our catering partners. Subsequent increases in numbers will be invoiced separately. Please note that no refunds will be given for any decrease in numbers. If your actual number of guests falls beneath the minimum number set out in our quotation, we will still charge you for the minimum number.

14. You must provide us, by the dates we may reasonably request of you, with any other information we ask for so that we may finalise the details of your venue package and/or its price.

15. Only food and beverages provided by the event organisers, caterers and bar providers may be brought into or consumed at the venue or any other place within the confines of the Stubbers Adventure Centre site.

16. You must comply with, and use your reasonable endeavours to ensure that your guests comply with, all of our reasonable instructions intended to ensure the safety of property and/or people at the venue.

17. You must provide your guests with such information we may reasonably request regarding arrangements to be followed at the venue (for example, in relation to car parking, alcohol policy, supervision of children, etc.).

18. The Hirer is responsible for the preservation of good order and shall fully compensate the Stubbers Adventure Centre for any damage howsoever occasional, except insofar as he satisfies the company that such damage or loss was caused by any act of default of the company or of any employee of the company acting in the performance of his duties as such employee. Compensation retained from the reservation fee will include: breach on the conditions of booking including behaviour of guests, additional cleaning requirements, charges for any damage caused to the venue, its equipment, contents or fittings. In the event that the reservation fee is not sufficient we reserve the right make additional invoices for damages caused by negligence. It is recommended that you insure against this possibility.

19. We reserve the right to stop any activity which we reasonably believe is likely to cause damage to the interior or exterior of the venue or to risk the safety of people at the venue, and we will not tolerate any abusive behaviour by guests to any other guests or member of staff. We reserve the right to remove any persons acting inappropriately from the event.

20. If you include any images of the venue on your event invitations, you must ensure that you have the permission of the appropriate copyright holder.

21. Details of third party suppliers we provide to you are intended to help you in arranging other services to be provided in connection with your event. If you do engage these or any other third party suppliers, we accept no responsibility for their performance of services and you should take up any complaints with them directly. You are also responsible for paying their charges directly. We reserve the right not to allow into the venue any third party suppliers who do not meet our requirements intended to ensure the safety and welfare of property and people at the venue and the reputation and character of the venue.

22. The Hirer will not sub-let or assign any part of the venue and shall not use it for any other purpose than that for which it has been hired.

Cancellation by you

23. If you want to cancel a confirmed booking, you must do so in writing and the provisions in paragraph 24 shall apply.

24. We will use reasonable endeavours to “re-sell” the date to another client. However, you must pay us any losses and costs we suffer because of the cancellation which were reasonably foreseeable to both you and us when the contract was entered into, whether or not we are able to resell the date. Depending on when you cancel, the cancellation charges you must pay shall be determined by reference to the table below. We will tell you the exact cancellation charges once we know whether or not we have been able to resell the date, and you must pay the charges within 14 working days of our invoice. Where the final price has yet to be finalised, we shall base the cancellation charges on the services provided in our initial booking or quotation. A change of date of more than 1 month will be treated as a cancellation of the original booking and the appropriate fee applied.

Length of time before your scheduled event

  • More than 3 months: Reservation fee
  • Between 4 weeks and 12 weeks: Up to 50% of total venue package price
  • Less than 4 weeks: Up to 90% of total venue package price
  • Less than 1 month: Up to 90% of total venue package price

Cancellation by us

25. We reserve the right to cancel your booking without liability to you and without any obligation to refund your deposit if:

  1. you do not pay us the balance of your venue price by the date due for such payment; or
  2. we have reasonable grounds to believe that you may not pay us the balance of your venue price by the due date, and we have requested you to explain the position and you have not done so satisfactorily; or
  3. we discover, before you have paid the balance of your venue price, that you have deliberately concealed information, or deliberately given us incorrect information, about your intended event in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your booking; or
  4. we have reasonable grounds to believe that your behaviour or that of your guests at the event is likely to result in damage to the venue or to our property and/or injury to people.

26. If we cancel your booking under paragraph 25, you must pay us any losses and costs we suffer because of the cancellation which were reasonably foreseeable to both you and us when the contract was entered into, whether or not we are able to resell the date. Depending on when we cancel, the cancellation charges you must pay will be determined by reference to the table set out under paragraph 24 above.

Events outside our control

27. Except as set out in paragraph 25, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (such as serious damage to the venue, serious adverse weather conditions, a pandemic or epidemic, or interruption or failure of utility services such as electric power, gas or water). In these circumstances, we shall use every effort to notify you as soon as is reasonably practical. If, as a result of such events, we believe we have no alternative but to cancel your booking, we shall use reasonable endeavours to help you find an alternative venue of a similar standard for a similar price, but our sole liability to you shall be to refund you any money you have paid towards your event package.

Limitation of our liability to you

28. Subject to paragraph 27, our total liability to you for any loss you suffer will be limited to the total amount of money payable to us for your event package. We will not be liable for any losses which were not reasonably foreseeable to both you and us when the contract was entered into or for any losses that were not caused by any breach of contract or breach of statutory duty or negligence on our part.

29. Nothing in these terms excludes or limits in any way our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal or unlawful for us to exclude or limit (or attempt to exclude or limit) our liability.

Changes to the venue and/or your event package

30. We reserve the right to make changes to the interior and/or exterior of the venue between the time we accept your booking and the date of your event. For example, we may make changes to the marquees, outhouses and lawns/flower beds and may add or remove garden fixtures such as benches, and we cannot guarantee that the venue and its surrounds will be free from additional structures (such as marquees or scaffolding).

31. We will use all reasonable endeavours to ensure that no components of your event have to be altered. However, as event plans are normally put together a long time before your scheduled date, we reserve the right to make changes to certain components if this is necessary to comply with safety requirements or other changes in law or relevant codes of practice, or to make other minor changes which we reasonably believe will not be to the detriment of your overall event experience.

32. We will notify you of any significant changes covered by paragraphs 28 and 29, but unless the change is one which is likely to fundamentally change the nature of your experience, we will not offer a refund, costs or compensation.

Insurance

33. Stubbers Adventure Centre has 3rd Party liability insurance of £10 million. We do not provide insurance for personal accident, loss or damage to personal property or for cancellation. It is recommended that you arrange your own insurance for these events, including equipment hired in by yourselves. Any service provided through us will be covered by our insurance.

Photography

34. You are welcome to take still and video images of your event. There are excellent photoshoot opportunities inside and outside of The Walled Garden Venue. You are welcome to use locations outside of the venue by arrangement with the duty manager or the event manager. For reasons of child protection, you may not take photographs of other parties or groups on site. Please note that we use photographs taken by our authorised photographers for inclusion in brochures and promotional material including websites. In accepting the conditions, you agree that such photographs that include images of your party or yourself may be included in such material.

Smoking, Alcohol and Drugs

35. In compliance with the law, smoking is not permitted in buildings, shelters, marquees and activity areas. Consumption of alcohol at the venue is at the discretion of the management. All drink must be consumed within The Walled Garden Venue. Drinks, bottles, glasses or other drinks containers are not permitted to be taken outside the garden or into the toilets. Taking of or possession of illegal substances is not permitted anywhere within the venue or the grounds of Stubbers Adventure Centre. If it is suspected that illegal substances are being used or that guests are in possession, the police may be informed.

Pets

36. We regret that, other than guide dogs, hearing dogs and other assistance dogs, no pets or other animals are allowed in the venue or any of our other premises.

Lost property

37. Valuables will be kept for 4 weeks and, if not claimed, disposed of at the discretion of the centre. Unclaimed money is donated to the Stubbers Charitable Bursary Fund. Any other items remaining on completion of the hire period will be disposed of at the discretion of the centre without further reference to the client.

Customer Feedback

38. If you have any feedback during your visit please inform the Venue Manager on site who will endeavour to help you. If the matter is not dealt with to your satisfaction, please complete a Feedback Form which is available from the reception building. Please hand this form in at reception or send it with any covering letter to the Centre Manager within 28 days of the end of your visit. Failure to follow this simple procedure may prevent a full investigation of the points that you raise. We cannot therefore accept liability for any complaint or claim that is not reported in accordance with this procedure unless the claim or complaint involves death, personal injury or illness.

General

39. Where the event is a wedding reception, if only one person is making the booking, that person confirms that she/he has the authority to make the booking on behalf of both persons intending to be married. Our contract will therefore be with both such persons.

40. Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

41. Should these conditions not cover a specific circumstance arising out of a particular request from a Hirer, then due consideration will be given to that at the time of booking and any necessary special conditions will be set out in writing. Hirers should ensure that sufficient notice is given of such needs to enable them to be considered before the hire takes place.

42. You may not transfer any of your rights or obligations under our contract with you to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the contract to another organisation, but this will not affect your rights under these terms.

43. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

44. No person who is not a party to our contract with you shall have any rights under or in connection with it.

45. All written communications by you to us must be sent by first class post to Stubbers Adventure Centre, Ockendon Road, Upminster, Essex RM142TY or email [email protected] We may send written communications to you at either the email or postal address set out in our quotation.

46. These terms shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.