Group Accommodation Terms and Conditions
1. Definitions
The “College” refers to Imperial College London
The “Premises” refers to all premises owned or occupied by the College
The “Client” refers to the persons, business or company making the booking
The “Delegate(s)” refers to any persons designated by the Client as being a part of a group
The “Management” refers to authorised representatives within the Office of Financial Strategy
The “hire period” refers to the dates the event starts and ends
“Shortfall” refers to an amount, which is lower than expected or required
2. Conditions for Hire
2.1. All enquiries for hire must be made via the Summer Accommodation Office.
All bookings are considered provisional until confirmed in writing and the appropriate deposit paid.
3. Deposits and Payments
3.1. The Client agrees to be responsible for the payment of the appropriate charges in accordance with the schedule below:
3.1.1. At the time of booking: a 50% deposit based on total cost of the facilities booked.
3.1.2. 30 days prior to the start of the event: the outstanding balance.
3.1.3. Any costs incurred subsequent to this will be invoiced after departure.
3.2. Invoices will be raised by the Office of Financial Strategy for the deposits as detailed above. The College reserves the right to cancel any booking if the payments above have not been made at the appropriate time. The College will retain all or part of the deposit and other amounts paid as a contribution towards any losses or costs the College suffers as a result of cancellation.
4. Cancellation Charges
4.1. The College will retain or charge the owing amounts to cover the College’s reasonable costs and losses where the Client cancels their event as follows:
4.1.1. From the time of booking to 6 months prior to start of the event:
25% of the total event value
4.1.2. From 6 months to 3 months prior to the start of the event:
50% of the total event value
4.1.3. From 3 months to 9 weeks prior to the start of the event:
75% of the total event value
4.1.4. Less than 9 weeks before the start of the event:
100% of the total event value
4.2. Any cancellation charges will be invoiced to the Client and must be paid within 30 days. Clients are strongly advised to arrange cancellation insurance.
5. Shortfall Charges
5.1. A 5% numbers shortfall is permitted with no charge applied up to 9 weeks prior to arrival. For shortfall numbers above the 5% the following shortfall charges apply:
5.1.1. From 6 months to 3 months prior to the start of the event:
50% of the shortfall amount
5.1.2. From 3 months to 9 weeks prior to the start of the event:
75% of the shortfall amount
5.1.3. Less than 9 weeks prior to the start of the event:
100% of the shortfall amount
5.2. Shortfall charges applicable will be invoiced to the Client and must be paid within 30 days of the issue of the invoice.
6. Final Delegate Numbers and Names
6.1. Final delegate numbers for residential events must be confirmed in writing no later than 9 weeks prior to the start of the event/hire period.
6.2. A complete list of names is required 14 days before the arrival date in the specified Excel format including first name, surname, gender, arrival and departure date, room type booked, passport number and next destination. Failure to return the rooming list within the specified time frame will result in collecting all the information from the Delegates upon check-in and create a delay in the check-in service.
6.3 Additional Information: A complete Residential Group Questionnaire needs to be returned to the Group Sales Executive 14 days before the arrival date.
6A. Data Protection
For the purposes of this clause the following definitions apply:
- Data Protection Legislation: means (i) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of personal data to which a Party is subject, including the GDPR and all legislation enacted in the UK in respect of the protection of personal data; and (ii) any code of practice or guidance published by the UK Information Commissioner’s Office (or equivalent regulatory body) from time to time;
- GDPR: General Data Protection Regulation, which means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”)
- Participant Data: means personal data about Participants or potential Participants to be transferred by one party to the other for the purposes of this Agreement, including:
6A.1 In this clause the terms personal data and processing shall have the meanings given to them in the GDPR.
6A.2 Each party shall comply with (and provide reasonable assistance to the other to enable them to comply with) its obligations under Data Protection Legislation and not knowingly do or omit to do anything which would result in a breach by any other party of Data Protection Legislation to which it is subject.
6A.3 Where required by the Data Protection Legislation, each party shall obtain and maintain all necessary registrations with the appropriate data protection authority/authorities.
6A.4 The Client shall be responsible for ensuring that each Delegate and potential Delegate understands, before the transfer to the College of any Delegate Data about him/her, that this Delegate Data (including sensitive personal information) will be processed for the purposes of the accommodation and it is necessary for the provision of the accommodation that such data are:
(a) transferred to and/or otherwise processed by the College;
(b) used by the College for the purposes of the accommodation and in accordance with the College’s privacy policy or equivalent (which shall be made available to Delegates by the College, on or before the Delegate’s arrival at the College) at http://www.imperial.ac.uk/visit/summer-accommodation/about-us/privacy-policy/; and
(c) where the Client is located outside the European Economic Area, transferred to and/or otherwise processed in the territory in which the Client is located and, only to the extent that this is necessary under Data Protection Legislation. For sensitive /special categories of personal data, the Delegate Data will be processed where the relevant Delegate or potential Delegate has given his/her explicit consent to such processing.
6A.5 Neither party shall process Delegate Data for any purposes except those outlined in clause 6A.4(b) above, unless processing for that separate purpose is otherwise lawful under Data Protection Legislation.
6A.6 Each party shall take all reasonable steps to ensure that Delegate Data which are collected by it and/or provided to the other party are accurate and up-to-date.
6A.7 Each party shall respond appropriately and in accordance with Data Protection Legislation to any request or complaint which is received by it about the processing of Delegate Data and immediately notify the other party of any such request or complaint (in each case which is likely to result in regulatory enforcement action, legal proceedings or otherwise adversely affect the reputation or business of the other party), and shall promptly and at its own expense provide all reasonable assistance to the other party in responding.
6A.8 Each party shall, in relation to its processing of Delegate Data:
(a) take appropriate technical and organisational security measures against unauthorised or unlawful processing of, or loss or theft or destruction of or damage to Delegate Data;
(b) not retain Delegate Data for longer than necessary for the purposes outlined in clause 5A.4(b) or otherwise permitted by clause 5A.5;
(c) not transfer Delegate Data outside the European Economic Area unless such transfer is lawful under Data Protection Legislation,
and such measures and restrictions will, as a minimum, meet the requirements of Data Protection Legislation.
6A.9 Each party shall ensure that access to Delegate Data held by it is limited to:
(a) those individuals who need access to the Delegate Data;
(b) such part or parts of the Delegate Data as is necessary for the performance of those individuals’ authorised duties; and
(c) those individuals who have received appropriate training to process the Delegate Data in accordance with this Agreement;
6A.10 On termination of this Agreement, each party shall have regard to its obligations under the Data Protection Legislation as to the retention of Delegate Data. The requirements of this clause shall continue to apply to any Delegate Data which continues to be processed by either party following termination of this Agreement.
7. Residential Accommodation
7.1. The bedrooms are available from 14:00 (check‐in) on the day of arrival and must be vacated by 10:00 (check‐out) on the day of departure. The College reserves the right to charge the Client for extra nights if any of the rooms are not fully vacated and ready for servicing by the departure time. The rate will be the prevailing market rate on the day in question, not the agreed group rate.
7.2. The Client will have non-exclusive access to common room facilities in the Residence.
7.3. The hired rooms will be cleaned and clean bed linen will be provided for the start of the hire period. The College will make such arrangements from time to time as it (in its discretion) deems reasonable to clean the hired rooms and to change the linen at no additional cost to the Client during the hire period (the schedule for this may vary from residence to residence).
7.4. Internet connection: Sky WIFI access is complimentary provided for the whole duration of the group’s stay.
7.5. Luggage areas are at the group’s disposal before check-in and after check-out however intention to avail of these facilities must be communicated to the Group Sales Executive 14 days prior to arrival.
8. Safeguarding and Pastoral care
8.1. The Client shall ensure that all of the Client’s staff and Delegates comply at all times with the requirements of the Children’s Act 1989 and 2004 and the Health and Safety at Work Act 1974 together with all UK and European Regulations, directives and amendments made there under. In particular, the Client will ensure that all persons will take reasonable care for the health and safety of him/herself and of other personas who may be affected by his/her acts of omissions. It is essential that the Delegates are supervised at all times. All Delegates must be escorted to and from the College premises by the required number of the Client’s staff.
8.2. All groups should have an appointed group leader. For groups where all Delegates are between 16 and 18 years old, supervision should be provided at a ratio of not less than 1 supervisor per 15 children. For groups under 16, supervision should be provided at a ratio of not less than 1 supervisor per 8 children.
8.3. For the avoidance of doubt, the Client’s staff is responsible for the pastoral care of any Delegates who may be aged under 18 years old at the time of residency at all times and not the College or its employees.
8.4. The Client shall put or have in place a safeguarding policy which reflects and complements the relevant statutory provisions relating to safeguarding children and/or vulnerable adults and comply with the College’s safeguarding policies and procedures which can be found here – https://www.imperial.ac.uk/human-resources/working-at-imperial/health-safety-and-wellbeing/safeguarding/)
8.5. As applicable and amended from time to time the Client shall ensure that where they provide services in College premises all allegations, suspicions and incidents of abuse, harm or the risk of harm to children and / or vulnerable adults or where there is a concern about the behaviour of an individual and/or employee of the Client are reported immediately to the College’s Group Sales Executive
8.6. The Client’s safeguarding policies and procedures should include active encouragement to their staff in whistle blowing if aware of any suspected abuse. az
8.7. The Client shall submit its safeguarding policy to the College when purchasing services for prior approval. The Client must incorporate any amendments to their policy which may be advised by the College before any services commence.
8.8. The Client shall comply with all statutory obligations in respect of safeguarding and shall act in accordance with all guidance and codes of practice issued and amended from time to time.
8.9. The Client shall ensure that any service provided in College premises shall be performed with all due care and diligence by personnel who are appropriately qualified, experienced and trained in safeguarding children and vulnerable adults and that all Client personnel (paid and voluntary) engaged in the provision of any services under this agreement will have undertaken where required an enhanced Disclosure and Barring Services check.
8.10. The Client shall ensure that no person who discloses any conviction or who is found to have any convictions following the checks referred to in this Condition is employed or engaged by the Client when working in College premises without the College’s prior written consent, which shall not be unreasonably withheld.
8.11. When providing services, the Client shall ensure that vulnerable children and adults are safeguarded from any form of abuse or exploitation including physical, financial, psychological and sexual abuse, neglect, discriminatory abuse or self-harm or inhuman or degrading treatment through deliberate intent, negligent acts or omissions.
8.12. The Client shall ensure that all allegations, suspicions and incidents of abuse are reported immediately to the College’s Contract Manager and shall promptly take appropriate disciplinary action against any member of staff who is engaged or is alleged to be engaged in any of the improper conduct.
8.13. The Client shall ensure that all personnel engaged in the delivery of the Services in College premises regularly receive appropriate safeguarding training, in relation to vulnerable adults and children, according to their job role.
8.14. The Client shall appoint an individual of sufficient seniority within their Company for the safeguarding of vulnerable adults and children. This individual shall be responsible for the implementation and monitoring of the Client’s safeguarding policies and procedures and shall produce such safeguarding reports as reasonably required by the College.
8.15. The bars are strictly out of bounds to all Delegates under the age of 18 years and no alcohol is to be brought onto the College premises. For those staying in Beit Hall please note that the Quadrangle and the Bar area are off limits to all under 18s due to licensing laws. No entry is permitted in these areas at any time. It is the responsibility of the Client or their staff to ensure that these rules are strictly adhered to and liability arising as a result, direct or indirect, of a breach this provision rests solely with the Client.
8.16. The College will not tolerate the setting off of Fire Extinguishers and Fire Alarms at any time. These actions are not only costly, but also a waste of Emergency Services’ resources. The Client will advise all Delegates that behaviour of this nature is unacceptable and may result in the offending delegate(s) being asked to leave the College and a financial penalty being incurred
8.17. Emergency contact numbers shall be provided by the Client staff to all Delegates for the duration of the period of occupancy. Emergency contact numbers must also be provided to the College’s staff. The Colleges staff are permitted to contact the Client’s staff if there is any issue relating to behaviour or any other emergency.
9. Accessible rooms
9.1. Unless expressly requested by the Client and confirmed by Imperial College in writing, the bedrooms will not necessarily have disabled access, but the College can provide accessible rooms on some sites, subject to availability. The Client must inform the College if any of its staff or customers have limited mobility or any other impairment which may affect their ability to self-evacuate their room in the event of an emergency no later than 7 days prior to arrival. It is the responsibility of the Client to nominate a carer for every person requiring assistance, who can assist that member of staff or customer in evacuating to the assembly point.
10. Catering Provision
10.1. The sole rights to provide and sell food and beverages are reserved to the College.
10.2. The catering (both food and drink items) will be delivered as per final confirmed numbers.
10.3. Where further catering is booked it will be in liaison with a member of the Conference and Events Department, Office of Financial Strategy and subject to their terms and conditions.
10.4. It is the responsibility of the Client to be aware of the catering arrangements. Any alternative arrangements made other than those arranged with the Conference and Events Department are at the Client’s own cost. If alternative arrangements are made in any outlet of Imperial College London’s Catering Department the charge will be invoiced after departure. There will be no return of any deposits for meals not taken.
11. The Client’s obligations
11.1. The Client must procure that its customers (including, for the avoidance of doubt, students) take reasonable care of the rooms, the contents of the rooms and the Residence generally, and behave as a reasonable and responsible occupier.
11.2. The Delegates will be expected to leave their rooms in a clean, tidy and acceptable condition. The College reserves the right to charge for additional cleaning costs should they be incurred by us. Final decision on what constitutes an acceptable condition rests solely with the College.
11.3. Behaviour and Conduct: Although neither the Client nor the College expect misbehaviour or poor conduct, the College reserves the right to charge the Client in full for loss or damage to College property caused by the Clients customers or Delegates (including, for the avoidance of doubt, students) or persons accompanying them. Any such charges will be added to the Client’s main booking account. The Client shall undertake, both on their own behalf and on behalf of their customers and Delegates (including, for the avoidance of doubt, students), to accept full
responsibility for the behaviour and conduct of all those present, whether by invitation or otherwise. The College reserves the right to remove unruly guests who cause offence and disturb other guests and staff from the Premises.
11.4. In particular, the Client agrees to comply, and to ensure that its staff, customers and Delegates (including, for the avoidance of doubt, students) comply, with the following:
11.4.1. Not to obstruct access to the rooms in the Residence;
11.4.2. Not to remove any of the contents of the rooms in the Residence;
11.4.3. Not to use the rooms in the Residence or the Residence for any purpose other than as residential accommodation.
11.4.4. Not to act in a way to cause or which is likely to cause disruption or distress to either College staff, other visitors, student residents or members of the general public or constitute a serious risk to the health, safety or welfare of others or their property;
11.4.5. Report to the College promptly any defects arising in the Residence or any damage caused to the Residence by it or its visitors
11.4.6 Accept full financial liability for any loss or damage it may cause to College property within the accommodation, including rooms and public areas and all fixtures, fitting and equipment, including any cleaning costs. The Client authorises the College to charge the Client any costs it incurs to carry out any repairs of replacement. The College will send the Client (at the address identified on the booking form or otherwise notified to the College by the Client in writing) a breakdown of these charges (i) within 14 days of a customer or delegate (including, for the avoidance of doubt, a student) vacating the relevant room where a damage or loss is identified upon such room being vacated or (ii) in all other circumstances, as soon as reasonably practicable after the date on which the loss or damage became known to the College or, in the College’s discretion, within a reasonable time after the end of the hire period;
11.4.7. Pets are not allowed (with the exception of support dogs). The Client must inform the College if there are any support dogs coming with the group at least 14 days prior to arrival
11.4.8. Not to compromise one’s safety or the safety of others (e.g. never prop open fire doors especially kitchen doors or remove window restrictors), tamper with fire safety equipment, throw or let objects fall from the building or enter prohibited areas of the Premises;
11.4.9. Keep noise to a minimum at all times and agree that no loud music and excessive noise should be audible outside rooms in the Residence especially between 22.00 and 09.00 hours;
11.4.10. Not to play instruments between 22.00 and 09.00 hours in the residence due to the covenant of the Residence
11.4.11. Not to use drawing pins or blue-tack on the walls of any room;
11.4.12. Not to smoke in any part of the accommodation, this includes outdoor areas as signed;
11.4.13. Ensure each room in the Residence is made secure upon vacating it;
11.4.14. Not to engage or partake in any illegal activity;
11.4.15. Not to possess firearms and weapons (including swords, air guns and air pistols) whilst staying in the Residence;
11.4.16. Not to store bicycles and motorcycles anywhere on the Premises, other than in designated areas;
11.4.17. To comply with the College’s policy regarding visitors.
11.5. The Client shall provide adequate resident staff, as appropriate, to ensure that their customers abide by all College and Residence regulations, especially the noise and safety policies.
11.7. The Client shall ensure that all of its customers and Delegates (including, for the avoidance of doubt, students) can prove their age by the production of official ID or a passport. The Client, its staff and its representatives must exercise appropriate action with individuals under the age of 18.
11.8. The client shall ensure that all visitors under the age of 18 do not enter the premises at the Beit Hall residence. All visitors under the age of 18 are prohibited from staying at the residence or entering the premises at any time, including the quadrangle and bar area, even if accompanied by an adult.
11.9. If a customer, student, guest of the Client (as is applicable) is in breach of any of the provisions in clauses 11, 14 or 16 of this Agreement, the College can ask that person to vacate the relevant room(s) and the Residence within 24 hours of the College providing written notice to that person to do so. In such circumstances, the Client shall not be entitled to a refund or compensation.
11.10. Keys/ Swipe cards/ Key fobs
Guests are required to return their keys and swipe cards to the check-in desk on the day of departure. Keys are issued as part of the Client contract. These keys cannot be shared with another person. If any of the Client staff or its customers or Delegates (including, for the avoidance of doubt, students) are found to give unauthorised personnel access the Premises and creating security problems, evictions will follow automatically. There is a minimum fee of £15 for any lost or unreturned key fobs and key/ swipe cards.
11.11. Visitors
For fire safety reasons the Client and its representatives will be expected to maintain a visitors’ log book in the line with Fire Regulations. Please note that unless a visitor has been signed in and out officially using this visitor log book that person has no right to be in a guest/student room and our security or reception staff have the authority to ask that person to leave the premises.
However the College reserves its right to review at any time its visitor policy (including whether visitors are allowed and on what conditions).
12. Indemnity and Damages
12.1. The Client is responsible for any damage done to the Residence or any of the furniture, fixtures, fittings and equipment at the Residence, whether by the Client or the Client’s guests/delegates (including, for the avoidance of doubt, students), employees, agents and subcontractors.
12.2. The Client shall indemnify the College against all reasonably incurred liabilities, costs, expenses, damages and losses (including but not limited to any direct penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by the College arising out of on in connection with:
12.2.1. The Client’s (including the Client’s employees, agents and subcontractors) breach or negligent performance or non-performance of this Agreement
12.2.2. The enforcement of any College’s rights under this Agreement
12.2.3. Any claim made against the College by a third party arising out of or in connection with this Agreement, to the extent that such claim arises out of breach, negligent performance or failure or delay in performance of this Agreement by the Client, its employees, agents or subcontractors
12.2.4. Any claim made against the College by a third party for death, personal injury or damage to property arising out of or in connection with the Client’s (including the Client’s employees, agents or subcontractors) breach or negligent performance or non-performance of this Agreement; and/or
12.2.5. Any items brought onto the Premises by the Client or the Client’s guests/delegates (including, for the avoidance of doubt, students), employees, agents or subcontractors.
13. Right of Entry
13.1. The Client and its customers and delegates (including, for the avoidance of doubt, students) do not have exclusive use or occupation of the rooms or any other part of the Residence or any other Premises. The College reserves the right for its staff, and contractors, to access the rooms for maintenance reasons, to assist in the general management of the Residence or in an emergency situation. Prior notice of 24 hours will be given to the Client, where practicable.
13.2. The College reserves the right to refuse admission to or evict any person from the Premises.
13.3. The College reserves the right to require the Client and its customers and delegates (including, for the avoidance of doubt, students) to move to an alternative room or rooms, without an additional charge, at any time during the hire period.
14. Subletting
14.1. It is not permitted to use the Premises for any purposes other than that stated in this Agreement.
15. Closing of the Venue
15.1. If the Residence become unavailable or unsuitable due to circumstances outside College control, the booking will be cancelled, and the College will notify the Client as soon as possible.
15.2. Any money paid on account of hire charges will be refunded, but the College will not be liable for any other expenditure incurred, or loss sustained, directly or indirectly by the Client.
16. Restrictions
16.1. Smoking is not permitted in any part of the Premises within 20 metres of College land.
16.2. No items, including temporary items, may be fixed to any walls without consent of the College.
16.3. No audio/video recordings may be made without a written permission of the College.
16.4. No drugs (except for medical purposes) are permitted on the Premises.
16.5. No pyrotechnics and no smoke machines may be used unless approved by the College Fire Officer.
16.6. The Premises must not be used for any illegal or immoral purpose.
16.7. Gas and liquid fuel heaters, candles, kettles, irons, rice cookers and cooking appliances must not, in any circumstances, be used in study bedrooms. Electric fires and heaters must not be used in study bedrooms unless provided by the College.
16.8. No overnight visitors are allowed at any time.
16.9. With the exception of reception services during advertised hours of business, the office and administration services of the Residence will not be available to the Client’s staff or customers.
17. Rights of Third Parties
17.1. It is not intended that any person other than the College or the Client will be entitled to enforce any provisions of this Agreement and no third party will be entitled to enforce any of the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
18. Delays and Force Majeure
Neither Party shall be under any liability to the other for total or partial failure to perform, or delay in performing, its obligations hereunder by circumstances beyond its reasonable control, including but not limited to the following:
a. Acts of God, epidemics, explosions, flood, lightning, tempest, fire or accident
b. War hostilities (whether war declared or not), invasion, act of foreign enemies
c. Rebellion, revolution, insurrection, military or usurped power or civil war, riot, civil commotion, disorder, terrorist acts etc.
d. Acts, restriction, regulations, bylaws, refusals to grant any licenses or permissions, prohibitions or measures of any kind on the part of any governmental authority, pandemic etc.
e. Strikes, lockouts or other industrial actions or trade disputes of whatever nature
20. Complaints
20.1. Any complaints must be made in writing to the Office of Financial Strategy within 7 days of the event in order for constructive action to be taken.
21. Confidentiality
21.1. The College acknowledges that in the course of this Agreement, before during and after the hire period, it shall have access to confidential information relating to the Client’s business affairs, and personal details relating to the Client’s staff, customers or delegates (including, for the avoidance of doubt, students). The College undertakes not to divulge such information to third parties without the prior written consent of the Client.
21.2. The Client shall keep confidential the terms of this Agreement and any other confidential information concerning the College that is disclosed by the College to it and the Client shall not use any such confidential information for any purpose other than for the performance of its obligations under this Agreement.
22. Advertising and Publicity
22.1. No announcement, press or media release or other publicity regarding this Agreement, directly or indirectly, shall be made by either party unless it has been approved in writing by the other party, or is required by law, and the terms of this Agreement and any matters arising from or relating to it shall be kept confidential by the parties at all times.
22.2. Notwithstanding clause 22.1 above, the Client may publicise the College as the location for its training courses (if applicable) and the Client may in this process use such photos of the Premises and facilities that the College has approved in advance. The Client shall be permitted to show interested clients around the Premises before the hire period start date by prior arrangement with the College.
22.3. Save as otherwise provided in this Agreement the Client acknowledges that the College and its Premises and facilities must not be used for advertising purposes.
23. Commencement and Duration
23.1. This Agreement shall commence on the date when it has been signed by all the parties and, other than in respect of clause 21 (Confidentiality) and clause 22 (Advertising and Publicity), shall (unless terminated earlier under clause 24) be deemed terminated within six months after the end of the hire period without prejudice to any rights of the parties accruing prior to such date and except for clauses 3, 12 and 26 which shall continue in full force and effect.
24. Termination
24.1. Without affecting any other right or remedy available to it, the College may terminate this Agreement with immediate effect by giving notice to the Client if the Client commits a material or repetitive breach of any of the provisions of the Agreement provided that, save for in the case of a repetitive breach, where the breach is capable of being remedied, the Client shall be entitled to remedy it within a period of 15 days from the date on which the College notifies it of the breach so that the College’s termination right shall be exercisable if the breach has not been remedied by the end of such remedial period.
24.2 Where the Client has entered into a venue hire agreement with the College in relation to the same event as this Agreement relates to, and the College has terminated the venue hire agreement, then the Client may terminate this Agreement with no liability to the College with immediate effect, subject giving the College written notice of termination of the Agreement within seven calendar days of receiving notice that the College is terminating the venue hire agreement.
25. Assignment
25.1. This Agreement is personal to the Client and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
26. Governing Law
26.1. 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.
27. Legal and Compliance
27.1. The Client will comply with all appropriate legislation for the activities they operate. This is including but not limited to the following:
a. Licensing:
27.1.1. The College premises shall not be used for the sale of intoxicating liquor, cinematography exhibitions, public music or music and dancing, boxing, wrestling or stage play purposes for which a statutory licence is required to be granted by the appropriate licensing authority unless such a licence has been so granted in respect of the premises and the Client shall strictly obey and observe all requirements laid down in the licence.
b. Gaming:
27.1.2. No gaming is allowed except in accordance with the conditions of the Gaming Act 1968 Section 41, The Lotteries and Amusements Act 1976 (as amended) or any statue re-enactment thereof when gaming is carried on as an entertainment promoted for raising money to be applied for purpose other than private gain. The Client shall be deemed to have knowledge of the contents of the ‘said’ conditions whether or not they have taken steps to inspect the same.
c. Copyright:
27.1.3. The Client shall comply with all the provisions of the Copyright, Designs and Patents Act 1988. The Client shall fail to do so, any permission previously granted by the College to use the premises shall be immediately cancelled and the College shall have the right to recover fees, charges, or any other payments referred to in these terms and conditions. The Client shall indemnify and keep indemnified the College from and against all actions proceedings, costs, claims or demands whatsoever arising out of the performance or recordings of copying of copyright works on the College’s premises.
28. Dispute Resolution
28.1. Any complaints from the Client should in first instance be made in writing to Imperial College’s Accommodation Office within seven working days of the end of the hire period in order for constructive action to be taken. Any complaints made after this point will not be responded to.
28.2. In the event the complaint cannot be resolved under Clause 26.1 within ten working days of referral the parties agree to the following dispute resolution procedure:
28.2.1 If the dispute arises with regards to quantifying the payment of monies agreed in the booking contract, the same shall be referred to the College’s external auditors for settlement and their certificate shall be final and binding on both parties.
28.2.2. If the dispute arises with regards to any other matter, the parties irrevocably agree that the courts of England shall have exclusive jurisdiction.
COVID-19 Annex
1. Each Party agrees to communicate to the other without delay any issues they may have in performing their obligations under this agreement.
Health and Safety
2. In application of clause 11 of the main body of the agreement, the Client agrees to, and shall ensure that its staff, customers and Delegates (including, for the avoidance of doubt, students) (its “Members”):
(a) follow the UK Government’s latest COVID-19 guidance including but not limited to guidance on social distancing;
(b) respect the safety of College staff and other people on College Premises by making every reasonable effort to minimise the risk of the spread of COVID-19;
(c) follow any special procedures relating to accessing and being present on College grounds and Premises which the Client is (or its Members are) notified about, including instructions provided on posters; and
(d) follow any reasonable instructions given by College staff relating to how to practice social distancing on College grounds and Premises.
3. In application of sections 2 (a) and (b) of this Annex above, the Client shall ensure that no Member of theirs comes onto College grounds or Premises if that Member has symptoms of, or if the Client or any of its Members suspect that Member may have, COVID-19, or in the event that the guidance recommends that that Member quarantine or isolate or otherwise limit contact with other people.
4. In application of clause 11.9 of the main body of the agreement, if a Member is in breach of any of the provisions in sections 2 or 3 of this Annex, the College can ask that Member to vacate the relevant hired room(s) and the residence except that the College shall not be required to give 24 hours written notice if doing so puts any other person on College Premises at risk. Breach of sections 2 or 3 of this Annex shall also be deemed a material breach of these Terms and Conditions which will entitle the College to terminate the agreement.
5. In addition to ensuring that the hired rooms are cleaned and providing clean bed linen for the start of the hire period (clause 7.3 of the main Agreement), the College will abide by the UK Government guidelines applicable to Hotels and other Guest Accommodation at the relevant time which might include specific health and safety requirements. In the event the College totally or partially fails to perform, or is delayed in performing, such obligations by circumstances beyond its reasonable control, clause 18 of the main body of the agreement shall apply.
6. Clause 7.3 of the main body of the agreement provides that the College will make such arrangements from time to time as it (in its discretion) deems reasonable to clean the hired rooms and to change the linen at no additional cost to the Client during the hire period. These services may be disrupted due to COVID-19 and the Client acknowledges that the College is entitled to withdraw such gratuitous additional services at any time.
Booking
7. In the event that, due in any way to the COVID-19 pandemic
(a) it becomes impossible for the College to hire the rooms as envisaged due to circumstances beyond its reasonable control; or
(b) the College no longer feels able (in the College’s reasonable opinion) to hire the rooms as envisaged
then the Parties shall take reasonable steps to agree amendments to this agreement (with no obligation to accept an alternative if this would result in either Party incurring further costs) but if no amended agreement can be agreed then the agreement will be deemed cancelled and the deposit will be returned in full.
8. The College shall not be liable for any costs that the Organisation might incur as a result of any amendment, postponement or cancellation under section 7 of this Annex.
9. By way of example (without limitation):
a. section 7(a) of the Annex might occur where the College is obliged to close the Premises in which the hired rooms are located due to local or national restrictions, or more generally where UK Government COVID-19 guidance or the College’s health and safety assessment of the Premises in which the hired rooms are located means it has become illegal or has been deemed unsafe to proceed with this agreement; and
b. section 7(b) of the Annex might occur where the College has had to change the use of the Premises in which the hired rooms are located due to the COVID-19 pandemic.
10. For the avoidance of doubt, if, due to the COVID-19 pandemic, it becomes impossible for some or all of the Delegates to join the group the Client is booking for, then the Client’s options to cancel or reduce the agreement shall apply subject to the terms of clauses 4 and/or 5 of the main body of this agreement.