Terms & Conditions for Licence to Occupy Barton Court Country House and Barns
(“Barton Court”)
1. Definitions
●“Booking” means an exclusive short term licence to occupy “Barton Court” entered
into by You for the Period and which is accepted by Us in accordance with these
Terms and Conditions.
●“Cancellation Costs” means sums due in respect of the sales, marketing and
administration expenses and/or costs incurred by Us in connection with Your Booking
plus any costs incurred by Us in finding a replacement Booking, including the cost of
any special offers, discounts or other inducements offered to secure a replacement
Booking. FULL details are at clause 7, in its entirety.
●“Confirmation Document” means the confirmation email and/or letter from Us to You,
setting out the details of Your Booking and any special terms and conditions
applicable to Your Booking.
●“Date/s” means the date/s specified in Your Booking and as confirmed on the
Confirmation Document.
●“Period” means from after your arrival on the first day of Your Booking, to your
departure time on your last day (which may be the same day for some Functions).
The specific times and dates of the Period of Your Booking will be detailed on your
Confirmation Document.
●“Scheduled Payments” means the amounts due to be paid by You to Us in respect of
Your Booking by the due dates that are confirmed to You at the point of making Your
Booking and in the Confirmation Document.
●“Services” means any products and services purchased by You and which are
provided by a Supplier e.g. registrar services, religious services, catering, bar,
ceremonial services, flowers, overnight off site accommodation, car hire, music and
entertainment.
●“Supplemental Information” means any additional information provided to You by Us
that relates to the use of Barton Court e.g. the Welcome Pack.
●“Supplier” means any third party offering Services at Barton Court or in relation to
Your Booking.
●“Venue” means the areas detailed and defined in Addendum 1 (attached, with map
for outdoor areas you have booked, being marked in red) for this Booking.
●“Venue Hire Fee” means the total of the Scheduled Payments.
●“We”, “Us” and “Our” means Barton Court.
●“You”,“Your” and “Yourself” mean any person making a booking, as detailed on the
Confirmation Document, at “Barton Court”
2. General
2.1. These Terms and Conditions govern any Booking You make with Us and govern any
liability We may have in relation to Bookings. In addition to these applicable Terms and
Conditions, any Supplier You may use, may have its own applicable terms and conditions
which govern its products and services. Please ensure that You have read both these Terms
and Conditions and the terms and conditions for any Services supplied by the relevant
Suppliers to ensure that they are acceptable to You and suitable for Your requirements
before You enter into a Booking with Us.
2.2. Our Terms and Conditions, any Supplemental Information provided to You in relation to
Your Booking and Our Privacy Policy all form part of these Terms and Conditions and apply
to Your Booking. We strongly advise that You read all terms and conditions relevant to Your
Booking. Copies of our Terms and Conditions may be obtained from Us on request.
2.3. If We accept your payment for a licence to occupy Barton Court for the Period, a
Booking will be created, the details of which will then be sent to You as a Confirmation
Document via email or post for Your records. Once a Booking has been made (whether a
Confirmation Document has been sent or not), there is a binding contract in place between
You and Us. Please check the Confirmation Document very carefully. If the Confirmation
Document indicates any discrepancies or if You do not receive a Confirmation Document
after You believe You have completed Your Booking, please contact Us immediately.
2.4. You have to be at least 18 years old to make a Booking and You must accept these
Terms and Conditions including the cancellation charges in clause 7.
2.5. You recognise that Your personal data has been given to Us for the purposes expressed
in Our Privacy Policy and, in providing Us with Your contact details or those of Your group
You consent to Our use of these contact details in all later correspondence between You and
Us. Please ensure that the contact details You have provided are correct and advise Us
immediately if those details change.
2.6. For a full description on how We process and keep safe your personal data please see
our Privacy Policy, which can be found on our Website.
3.Barton Court
3.1. If a Booking is created, You enter into a direct contract with Us for a licence to occupy a
specified area of the Barton Court Estate, as detailed at booking and in the Confirmation
Document and You are responsible for paying Us directly, in accordance with these Terms
and Conditions (and any Addendum).
3.2. The business and management at Barton Court accept no liability for any loss or
damage arising as a direct or indirect result of Your Booking, including (without limitation) the
adequacy, suitability, condition, representation, safety of Barton Court, its annexes and its
facilities, the services provided by Us, or any Services or Suppliers.4. Transfer or assignment
4.1. A Booking is only valid for the parties named on the Confirmation Document or as
subsequently changed and accepted by Us.
4.2. The Booking cannot be assigned, transferred or sold to another party or varied without
written consent from Us, in advance.
5. Scheduled Payments
5.1. In making Your Booking, You agree to pay Barton Court the Hire Fee (as detailed on the
Booking Confirmation or any later addendum to that Confirmation Document that may have
been agreed between the Parties), by way of the Scheduled Payments.
5.2. If You fail to pay any Scheduled Payments due under these Terms and Conditions on
the due date for payment and You remain in default not less than 14 days after being notified
in writing to make such payment, We may, by notifying You in writing, deem this to be a
cancellation by You, such cancellation taking effect on the date that payment was originally
due. In such situations Our cancellation and refund policy as described in clause 7 will apply.
5.3. In the event that You or We cancel Your Booking, Scheduled Payments will be refunded
subject to clauses 7 and 8. In addition cancellation charges may apply (please see clauses 7
and 8 for further details).
5.4. 50% of the hire fee is due for immediate payment upon acceptance of a reservation by
Us.
5.5. The final payment (of the outstanding 50% of the Hire Fee) is due for payment by You to
Us on or before the Date that is detailed at Booking and/or on the Confirmation Document,
which is 6 weeks prior to the date of your booking.
6. Change of Date
6.1. If You need to change the Date, agreement to do this will be at Our sole discretion and
we are not obliged to agree to any such change.
6.2. In order to request a transfer of date You must contact Us by email or telephone to
obtain a transfer of date form. The transfer of date form must be completed, signed and
returned by You to Us. No transfer of date can be considered until We have received the
completed transfer of date form. All transfers of dates are subject to availability and at the
SOLE discretion of Barton Court management.
6.3. On confirmation by Us to You by email that Your transfer of date form has been
received, and if your request has been agreed by Us, We will hold the new Date for You for
up to 24 hours. It is Your responsibility to ensure that We have received Your request.
6.4. When and if We agree to the transfer of date:
6.4.1. The original Date will be released and no longer held for You on completion of the
transfer of date, which WILL include a transfer fee of £500 (five hundred pounds) or 5% ofthe original cost of Your booking, whichever is the greater sum and which may only be varied
at the discretion of Barton Court management.
6.4.2. We will also make a non-refundable administration charge of £150+VAT to be paid by
credit or debit card before transfer of date can be completed.
6.4.3. The new Date will be booked under the prevailing terms and conditions which will
supersede any previous terms and conditions.
6.5. At the point of making the transfer of date, if the sum of the Scheduled Payments due
for the new Date at the prevailing rate is higher than the total amounts You have already paid
Us for the original Date, the difference will be due immediately in order to confirm and
complete the transfer of date.
6.6. At the point of making the transfer of date, if the sum of the Scheduled Payments due
for the new Date at the prevailing rate is lower than the total amounts You have already paid
Us for the original Date, the difference will be subtracted from future Scheduled Payments
unless the future Scheduled Payments are lower in total than the difference due to You in
which case any remaining amount of difference may be refunded to You, at our sole
discretion.
6.7. Your original Date will be deemed to stand until You have received email confirmation
from Us that We have received Your request to transfer Your Date and that We have agreed
to the transfer, and any payments due under clauses 6.4.1 and 6.4.2 and 6.5 have been
paid.
6.8. It is Your responsibility to notify Your Suppliers of Your transfer of Date and We can NOT
be held responsible for any losses you may incur.
7. Cancellation by You
7.1. If You wish to cancel Your Booking, for whatever reason, You must contact Us by email
or recorded delivery letter or telephone. We will then email You a cancellation form which
You must complete, sign and email back to Us. Your cancellation will come into effect on the
date that You receive confirmation from Us by email that Your Booking has been cancelled.
The granting of cancellations is at the SOLE discretion of Barton Court and its’ Directors.
N.B., Cancellation charges are, in all the circumstances, fair and just.
7.2. If You cancel Your Booking:
7.2.1. more than twelve (12) calendar months before the Booking is due to take place then
You shall pay 10% of Barton Court Hire Fee less any Scheduled Payments already paid to
Us;
7.2.2. between twelve (12) to nine (9) calendar months (inclusive) before Your Booking is
due to take place then You shall pay 50% of Barton Court Hire Fee less any Scheduled
Payments already paid to Us;
7.2.3. less than nine (9) calendar months before the Booking is due to take place then, You
shall pay 100% of Barton Court Hire Fee less any Scheduled Payments already paid to Us.7.3. Notwithstanding clauses 7.2.1, 7.2.2 and 7.2.3 , if at any time We receive a replacement
Booking for the Date following cancellation by You, We will refund to You any Scheduled
Payments already paid by You to Us less the Cancellation Costs.
7.4. Upon cancellation of Your Booking, We will issue an invoice to You for the amount as
determined in accordance with clause 7.2 (above) which shall be payable within 30 days of
the date of the invoice. Any subsequent refunds due to You pursuant to clause 7.3 will then
be made within 14 days by Us following receipt of a replacement Booking.
8. Cancellation by Us
8.1. In the unlikely event (and where You are not in breach of these Terms and Conditions)
that it is necessary for Us to cancel Your Booking, We will notify You as soon as possible and
We shall endeavour to offer You alternative dates for no extra cost, subject to Your approval.
In the event that no alternative dates are available or You do not accept the alternative dates
offered in accordance with clause 8.1 (above), then We will refund to You any and all
Scheduled Payments.
9. Suitability of “Barton Court”
9.1. You are responsible for assessing the suitability of Barton Court for Your requirements.
Please ensure that you ask any questions that are important to its suitability before you
make a Booking. By making a Booking, You accept that Barton Court and its facilities are
suitable for Your requirements.
9.2. You are responsible for conducting any risk assessments of Barton Court, including
any water features and any other potential hazards and for informing and warning Your
guests that these constitute a danger and You warrant to ensure that all proper precautions
are taken by You and Your party to avoid damage, injury or loss of life to any person or
animal.
9.3. Changes may occur at Barton Court after the date of your Booking. We will endeavour
to inform You of any known material changes.
10. Venue hire only
10.1. Your Booking is for the accommodation hire of Barton Court and/or those of its ancillary
facilities (which will be detailed on the Confirmation Document) only, and We are providing
no services to You unless separately agreed.
10.2. We undertake to make Barton Court, including fixtures, fittings and furniture contained
therein (as specifically detailed on the Confirmation Document), available to You, in good,
clean and tidy condition for the Period.
10.3. We have the right to enter Barton Court during the Period but in doing so will exercise
those rights in a manner not to be inconsistent with the use of Barton Court and causing as
little disturbance as possible.
10.4. Exclusivity relates to the areas of Barton Court described in the Confirmation
Document and not the whole estate.11. Damage, breakages, theft and guest behaviour
11.1. You are responsible if We suffer any loss as a result of (i) any breakage or damage at
Barton Court, whether to Barton Court itself or to any goods, articles or any other property
belonging to Barton Court or Us; or (ii) theft of any items from Barton Court, by You, any of
Your guests and You agree to indemnify the Us in respect of any such loss except to the
extent that such damage is a result of Our negligence or wilful misconduct.
11.2. On paying the balance of your booking, you are required to lodge a deposit against any
damages to Barton Court, the ancillary buildings and its property. The specific locations will
be specified on the confirmation. The size of the damage deposit varies according to the
property booked. This includes all areas of the facilities and the fixtures or fittings therein
and any accommodation booked. This will be refunded following your stay, provided all
areas have been left in good condition. In the event of any damage You will be responsible
for full reimbursement to Barton Court, which may be greater than the deposit held. This
applies even if such damage is the fault of a guest or sub-contractor. Any damage must be
reported and recorded to a member of Barton Court staff on duty immediately.
11.3. We will not under any circumstances accept responsibility or liability in respect of any
damage to or loss of any goods, articles or personal property, or property of any kind brought
into or left at Barton Court either by You, any of Your guests, Suppliers or by any other
person or left or deposited with any of Our officers or employees, except to the extent that
such damage or loss is due to Our negligence or wilful misconduct.
11.4. You are responsible for You and Your guests’ behaviour. If We or Our representatives
have reason to believe that Your, Your guests’ behaviour is unacceptable, dangerous or
unlawful, We or Our representatives will at Our absolute discretion be entitled to take such
action against You, Your guests as may be necessary to prevent such behaviour continuing,
including taking any action necessary to comply with the licensing laws, regulations or
conditions or any planning conditions governing the use of Barton Court.
12. Limitation of liability
12.1. This clause 13 sets out Our entire financial liability to You and the members of Your
party for whom You have made Your Booking, in respect of:
12.1.1.any breach of contract or negligent performance of the booking and payment process
for Barton Court;
12.1.2.any breach of contract or negligent performance by Us (or our employees or
contractors) connected with Your Booking;
12.1.3.any representations, statements or negligent or harmful acts or omissions arising
under or in connection with these Terms and Conditions.
12.2. Nothing in these Terms and Conditions limits or excludes Our liability:
12.2.1.for death or personal injury resulting from Our negligence; or
12.2.2. arising as a result of fraud or fraudulent misrepresentation.12.3. Subject to clause 13.2 (above), We will not be liable:
12.3.1.for the death of or injury to any person attending Barton Court for Your Booking or for
any losses, claims, demands, actions, proceedings, damages, costs or expenses or other
liability incurred by You in the exercise of the rights granted by these Terms and Conditions;
12.3.2.if We are prevented from or delayed in performing Our obligations under these Terms
and Conditions or from carrying on Our business or in any way otherwise, by or in respect of
acts, events, omissions or accidents beyond Our reasonable control, including strikes,
lock-outs or other industrial disputes (whether involving our workforce or any other), failure of
a utility service or transport network, act of God, war, riot, civil commotion, malicious
damage, compliance with any law or governmental order, rule, regulation or direction,
accident, fire , flood, storm, theft, burglary or malicious acts of third parties;
12.4. Subject to clauses 13.2 and 13.3, where We have been negligent and/or breached a
contractual obligation to You, We will be liable for any loss or damage You suffer as a result,
as long as the loss or damage is foreseeable. Loss or damage is foreseeable if it is an
obvious consequence of Our negligence or breach of contract, or would have been
considered by You and Us to be a likely consequence of it at the time We entered into these
Terms and Conditions. 12.5. Subject to clauses 13.2, 13.3 and 13.4 above, Our total liability
in contract, tort (including negligence), breach of statutory duty, misrepresentation restitution
or which otherwise arises in any way in connection with Your Booking shall be limited to
Barton Court Hire Fee.
13. We shall be relieved of Our contractual obligations to the extent that their performance
is prevented by, or their non-performance is a direct or indirect consequence of Your act,
neglect or default or by any circumstance beyond Our reasonable control.
14. These conditions shall prevail over any terms or conditions contained in any other
document whatsoever and shall be deemed to have been read, understood and accepted by
You upon making a Booking. No variation shall be effective unless it has been agreed
specifically in writing by Us or Our duly authorised representative.
15. The contract between You and Us shall be governed in all respects by the Laws of
England and You hereby submit to the exclusive jurisdiction of the English Courts.
16. A person who is not a party to these Terms and Conditions shall not have any rights
under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these
Terms and Conditions.
Notes to Terms and Conditions:
Insurance: We strongly recommend that cancellation insurance is taken out. This is
particularly important for large group bookings. Please bear in mind that all monies and
balances are, as detailed above, non-refundable and, in the event of transfer of date and/or
cancellation of Your Booking, relevant clauses will apply. Most insurance policies provide
cover for illness (unless it is pre-existing), close family death and some other circumstances
beyond the insured’s control but normally not for unexpected pregnancy or break up of a
relationship but please ensure that you enquire according to your particular group’s make up
and requirements
Contact details: Linda Camp & James Meyer, Barton Court, Colwall, WR13 6HN.
Tel: 01684 649059
Email: linda@bartoncourt.co.uk/james@bartoncourtco.uk