Terms and conditions

1. Definitions and Interpretation

This section outlines the key terms used throughout the contract:

• Balance: As defined in clause 3.8.
• Booking: The agreement for the Client to use the Venue for an Event on the Event Date.
• Card: As defined in clause 3.10.
• Client: The person(s) booking the Event.
• Contract: The legally binding agreement comprising these Terms, the Form, and any additional details.
• Deposit: The non-refundable amount specified in the Form.
• Estimated Total Price: The approximate cost discussed at the initial Meeting.
• Event: The activities for which the Client uses the Venue.
• Event Catering: Any food and drink provided by the Venue for consumption by the Client and the Guests.
• Events Coordinator: The individual named in the Form.
• Event Date: The date agreed by the parties on which the Event shall take place as set out in the Form.
• Event Package: The collection of services, items and facilities chosen by the Client and provided by the Venue for an agreed fee, as stated in the Form.
• External Food: As defined in clause 12.2.
• External Supplier: Any supplier contracted by the Client other than the Venue which shall require access to the Venue or whose equipment shall be used in the Venue including without limitation musicians, performers, florists, photographers, DJs and any other party who is contracted by the Client in connection with the Event.
• Extras: Any extra service or item added to the Booking in respect of the Event as confirmed on the Event Plan.
• Force Majeure: As defined in clause 5.1.1.
• Form: The document headed up as the ‘Functions and Events Booking Form’.
• Guests: Those individuals attending the Event.
• Items: As defined in clause 7.1.
• Literature: The Venue’s Website, brochures, tariffs, leaflets, advertisements and other marketing materials and literature.
• Loss: Any actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements.
• Meeting: An initial, interim or final meeting to discuss the details of the Event.
• Price: Subject to clause 3 and any variations in accordance with the Contract, the price payable by the Client to the Venue for the Event.
• Provisional Booking Period: As defined in clause 2.3.
• Terms: These terms and conditions.
• Venue: Rochdale Town Hall, The Esplanade, Rochdale, Greater Manchester, OL16 1AZ being owned and operated by Rochdale Borough Council and whose registered address is Number One Riverside, Smith Street, Rochdale, OL16 1XU.
• Website: https://www.rochdale.gov.uk/townhall or other such domains operated by the Venue from time to time.
• Writing: Unless otherwise expressly stated includes emails. ‘Writing’ and ‘written’ shall be construed accordingly.

2. Making a Booking and Formation of the Contract

2.1 Joint Liability

Where the Client is more than one individual, the Client will have joint and several liability to the Venue for all aspects of the Contract.

2.2 Booking Process

Upon receipt of an enquiry from the Client, the Venue shall arrange to meet with the Client for the purposes of preparing and issuing the Form.

2.3 Provisional Booking

The Event Date is held provisionally for two weeks. A Contract is not formed until the Deposit is paid.

2.4 Contract Formation

The Contract is formed when the signed Form is returned within the Provisional Period or at the Venue’s discretion.

2.5 Venue Literature

The Venue may update or withdraw services listed in its literature without notice.

2.6 Material Changes

If the Venue must make significant changes, alternative options will be offered or a full refund issued.

3. Price and Payment

3.1 Price Accuracy

Prices in literature are illustrative. The final Price is specified in the Form.

3.2 Instalments

Payments are required in instalments as detailed in the Form.

3.3 Payment Methods

Accepted methods include bank transfer, cash (up to £5,000), and card.

3.4 VAT and Charges

Prices include VAT and may change with government levies or client requirements.

3.5 Instalments

Payments are required in instalments as detailed in the Form.

3.6 Interim Meeting

No later than 6 months prior to the Event Date, the Event Coordinator will contact the Client to arrange an interim Meeting to discuss the overall details and logistics of the Event.

3.7 Final Meeting

No later than one month prior to the Event Date, the Event Coordinator will contact the client to arrange a final Meeting to discuss the finer details and logistics of the Event.

3.8 Amendments

Following the final Meeting, any necessary amendments or additions agreed between the parties shall be confirmed by the Venue to the Client in Writing.

3.9 Balance

The Client agrees and acknowledges that the Balance may be increased to take into account any additional facilities and consumables enjoyed by the Client and its Guests at the Event.

3.10 Card Details

At the Meeting, the Client shall be required to provide the Venue with details of the Client’s debit or credit card (the ‘Card’).

3.11 Cash Payments

The Venue reserves the right to refuse to accept cash by the Client in excess of £5,000 or such other sum determined by the Venue or prescribed by law in relation to the Event at its sole discretion.

3.12 Suspension of Performance

Should the Client fail to make payment of any sums due to the Venue in accordance with the Contract, the Venue reserves the right to suspend performance of its obligations under the Contract.

3.13 Late Payment

If payment of any charges due in accordance with the Contract are not made by the due date, the Venue shall be entitled to charge an administration fee of £100.00 and interest on the outstanding amount.

3.14 Disputed Invoice

Where the Client in good faith disputes an invoice, it shall notify the Venue promptly and the Client shall not be liable to pay any interest or administration fee of £100.00 until the dispute is resolved.

3.15 Reduction in Guests

If there is any reduction in the number of guests at the Event, any additional money paid by the Client to the Venue will remain on account and can be allocated against any additional extras.

4. The Event

4.1 Licensed Venue

The Venue is a licensed venue for the sale of alcohol and late night entertainment.

4.2 Personal Belongings

The Client is responsible for any personal belongings which are brought into the Venue. The Venue takes no responsibility for these items.

4.3 Confetti

The use of biodegradable or fresh petal confetti is permitted in the outside areas of the Venue. The use of confetti cannons or similar inside the Venue is not permitted.

4.4 Candles

The use of candles are permitted only with the express written permission of the Venue or through the selection of our candles package.

4.5 Helium Balloons

The use of helium balloons is not permitted within the Venue.

4.6 Junior Guests

Junior Guests under the age of 12 must be supervised by an adult at all times.

4.7 Guests with Additional Support

The Client must inform the Venue of any Guests which need additional support in the event of an emergency evacuation.

4.8 Changes to the Event

Where the Client wishes to make any change to the Event other than a change to the Event Date, it shall contact the Venue in Writing and provide as much notice as possible.

5. Cancellation by the Venue

5.1 Right to Cancel

The Venue reserves the right to suspend or terminate the Contract, without any liability to the Client, in the event of any event, circumstance or occurrence beyond the reasonable control of the Venue.

5.2 Prejudice to Reputation

The Venue may cancel the Event if it reasonably believes that the Event would prejudice the reputation of the Venue.

5.3 Financial Situation

The Venue may cancel the Event if it becomes aware of any changes to the Client’s financial situation which may prejudice its ability to pay any charges due.

5.4 Bankruptcy or Insolvency

The Venue may cancel the Event in the event of the bankruptcy or insolvency of either party.

5.5 Closure of Venue

The Venue may cancel the Event if the Venue, or any part of it, is closed due to circumstances beyond its control.

5.6 Breach of Contract

The Venue may cancel the Event if the Client fails to adhere to any of the conditions of the Contract and remains in breach for a further 30 days thereafter.

5.7 Significant Change

The Venue may cancel the Event if there has been a significant change to the original Contract, including but not limited to, increases or decreases in numbers of guests attending.

5.8 Government Order

The Venue may cancel the Event if it is requested to close by order of the Government, Local Authority or such other competent regulatory authority.

6. Postponement or Cancellation by the Client

6.1 Postponement

Save where postponement arises out of the effect of Force Majeure or where effected by the Venue, if the Room Hire is postponed by the Client, another Room Hire Date may be requested without the loss of the Deposit and any other sums already paid to the Venue as at that date, provided always that:

• 6.1.1 The Venue is permitted to re-quote the cost of the postponed Room Hire at the prevailing rates to the Client;
• 6.1.2 The new Room Hire Date is agreed between the parties no less than 1 month prior to the original Room Hire Date, subject to availability;
• 6.1.3 The Client pays the administration fee of £50.00 to the Venue upon agreeing the new Room Hire Date;
• 6.1.4 Only 1 (one) postponement from the original Room Hire Date will be allowed;
• 6.1.5 In the event of any later cancellation, the Client will remain liable for the services carried out in respect of the original Room Hire Date and the new Room Hire Date.

6.2 Postponement Requirements

Where a Room Hire is postponed, the Venue can, in their sole discretion, require the parties to:

• 6.2.1 Maintain the original Contract for the original Room Hire Date, save for amendments to be made to the Room Hire Date and the Price; or
• 6.2.2 Sign a new Contract containing the relevant information for the new Room Hire.

6.3 Consumer Contracts Regulations

The Client acknowledges that the Contract falls within section 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and that Part 3 of those regulations do not apply to the Contract.

6.4 Third Party Cancellations

The Venue will not accept third party cancellations and all cancellations from the Client must be communicated to the Venue in Writing by both individuals comprising the Client in accordance with clause 15 of these Terms.

6.5 Refunds

In the event of any cancellation of the Room Hire by the Client, no payments made by the Client in line with the agreed instalments on the Form, up to and including that date shall be refundable and where any such payments are overdue, the same shall be paid immediately upon cancellation.

6.6 No-show or Late Cancellation

In the case of a no-show or where notice of cancellation is received less than one week prior to the Room Hire Date, the Venue reserves the right to charge the Client the full Room Hire Rate, irrespective of any discounts agreed and outlined on the Form.

6.7 Reselling Space

The Venue will use its reasonable endeavours to re-sell the space on behalf of the Client and where it is successful, a refund of any monies recovered in cleared funds, reflective always of services in relation to the Room Hire which have already, reasonably, been provided by the Venue, shall be made to the Client within 14 days following the Room Hire Date.

6.8 Refund Payments

Refund payments can only be made to the person(s) making the original payment(s) and shall not for the avoidance of doubt include a return of the Deposit.

7. Insurance

7.1 Responsibility for Items

The Venue will not accept responsibility for loss of, or damage to any equipment, vehicles, merchandise or other property and belongings belonging to the Client, their External Suppliers and any Guests (‘Items’), which are brought to the Venue whether prior to, during, or after the Room Hire. It is the responsibility of the Client to arrange security and insurance for all Items for the period those Items are at the Venue.

7.2 Insurance Recommendation

The Venue recommends that the Client take out, pay for and maintain insurance adequate to cover any claim arising out of the Contract and its cancellation or curtailment. Whilst the Venue makes no recommendations as to the suitability of any particular form of insurance, insurance is available from third party providers.

8. Damages

8.1 Client Liability

The Client:

• shall be liable for any damage to Venue or any property therein whether through their own actions or any of their External Suppliers and the Guests; and
• agrees that the Venue may make a charge to the Card for any Losses suffered as a result of such damages.

8.2 Affixing Items

Affixing anything to any surface or area of the Venue’s property by whatever means by the Client, their External Suppliers or any Guests may only be done with the express written permission of the Venue. The Client agrees in the Contract to accept and pay the Venue for any Losses incurred by the Venue for making good any damage resulting from such permission.

8.3 Replacing Items

The Venue reserves the right to charge the Client the cost of replacing any items that are removed from the premises by the Client, their External Suppliers or Guests without consent. The charge will be the full replacement amount of the missing item. Should the fact that the item is missing come to light after the Client has departed, the Venue reserves the right to make a charge to the Card.

9. Liability

9.1 Limitation of Liability

Nothing in the Contract shall limit or exclude the Venue’s liability in respect of death or personal injury caused by the Venue’s negligence or in respect of fraudulent representation, or any other liability which cannot be limited or excluded by applicable law.

9.2 Foreseeable Loss or Damage

If The Venue fails to comply with these terms, the Venue is responsible for loss or damage suffered that is a foreseeable result of the breaking of this contract or the Venue’s failing to use reasonable care and skill, but the Venue is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if it was discussed during the sales process.

9.3 Vehicle Liability

All vehicles parked in the Venue’s car park are parked at the vehicle owner’s risk. Should a problem occur with a vehicle in the Venue’s car park, whilst every effort will be made to assist, the Venue cannot accept liability.

9.4 Property Liability

The Venue will not be held responsible for the property of the Client or Guests, including but not limited to gifts and decorations, whilst on the Venue’s premises.

9.5 Historic Building

The Venue is an historic, listed building and the Client and the Guests are reminded to take care at all times whilst in the Venue.

10. Conduct and Suppliers

10.1 External Suppliers

The Client shall, unless otherwise agreed, make all necessary arrangements in connection with engaging any External Suppliers in connection with the Event.

10.2 Documentation

The Client must supply the Venue with any documentation requested by the Venue in connection with any External Suppliers including but not limited to: copies of public liability insurance, completed risk assessments, method statements for moving the equipment in and out of the Venue and evidence of PAT test results for any equipment which will be used in the Venue, at least 14 days prior to the Event Date.

10.3 Conduct of Suppliers and Guests

The Client shall procure that any of their External Suppliers and the Guests attending or providing for the Event shall:

• not act in an improper or disorderly way, when at the Venue;
• leave promptly at the appropriate time; and
• comply with all reasonable requests by the Venue’s employees, agents and sub-contractors.

10.4 Compliance with Regulations

The Client shall ensure that all their External Suppliers and Guests using the Venue comply with all regulations concerning licensing, fire, health and safety and such other policies and procedures as are in force at the Venue during the Event. Should Guests act in an improper or disorderly way, or refuse to comply with reasonable requests, the Venue reserves the right to escort any person from the Venue that, in the opinion of management, are causing excessive disruption or damage.

10.5 Termination of Event

The Venue may terminate the Event if it reasonably believes that the Event is not being conducted in an orderly and lawful manner.

10.6 Compliance with Regulations

The Client shall (and shall procure to ensure) that all External Suppliers employed by the Client to provide goods and services comply with all fire, health and safety regulations, whether statutory or otherwise.

10.7 Use of Equipment

The Client shall obtain consent from the Venue prior to using any equipment which is not the property of the Venue, including but not limited to electrical equipment. All equipment must comply with relevant regulations and safety standards. The Venue reserves the right to request from the Client supporting documentation, such as PAT testing certificate.

10.8 Fire Exits

The Client shall ensure that all fire exits are kept clear at all times, and appropriate temporary signs used where necessary.

10.9 Qualified Suppliers

All electrical External Suppliers used by the Client must be fully qualified and registered in line with all legislative and regulatory requirements from time to time.

10.10 List of Suppliers

The Venue reserves the right to request from the Client a complete list of External Suppliers with accompanying registrations in the case of electricians.

10.11 Removal of Items

The Client shall ensure that all External Suppliers have removed all their items no later than 1 (one) hour after the end of the Event. If additional time is required to remove their items, this is chargeable at a rate of £150 per hour. The Venue does not accept any responsibility for any items left onsite by external suppliers.

10.12 Cancellation

In the event of cancellation of the Event, the Venue will not be held responsible for any deposits paid to the External Suppliers.

11. Service of Alcohol

11.1 Duty of Care

The Venue has a duty of care as outlined on the Licensing Act 2003, to serve alcoholic beverages to all Guests in a responsible and professional manner. The Venue is here to assist all Guests in their decision to drink in moderation and, where required and appropriate, cease the service of these beverages to minimise any harm or possible compromising situation for the Guest and users of the Venue.

11.2 Bringing Alcohol

Alcohol may not be brought into the Venue by the Client, its External Suppliers or any Guests. The Venue reserves the right remove any alcohol brought into the Venue and to close the bar and cease entertainment should Guests be found supplying their own alcohol.

11.3 Last Orders

The Venue will call last orders at 11:15pm, the bar service will cease at 11:30pm and the music will cease at 12:00am. If the bar extension is selected, last orders will be called at 12:15pm, the bar service will cease at 12:30am and the music will cease at 1:00am.

11.4 Bar Bills

Any outstanding bar bills or tabs must be settled prior to the end of the bar service.

11.5 Corkage

The Venue does not offer corkage other than in exceptional circumstances and with written permission from the Venue management team. If approval is granted, corkage fees are £20 per 75cl bottle of sparkling wine, £10 per 75cl bottle of wine, £2 per 300-500ml bottle of beer, cider or soft drink and £2 per 25ml of spirit.

11.6 Alcoholic Favours

Should alcoholic favours be given as gifts to Guests, a corkage fee of £2 per guest will be payable.

12. Food

12.1 Catering

The Venue will provide any and all prepared catering, including but not limited to, the canapés, plated dinner and buffet at the Event.

12.2 External Food

Food must not be brought to the Venue by the Client, their External Suppliers or any Guests unless and to the extent the arrangements for the provision of such food has been expressly agreed in writing by the Venue at least 1 (one) month before the Event Date (‘External Food’). The Venue reserves the right to charge the Client for any prohibited food found at the equivalent Venue price to the Card at the absolute determination of the Venue.

12.3 Ingredients List

The Client must provide the Venue with a full ingredients list for any External Food prior to bringing it to the Venue for the Venue’s information only. For the avoidance of doubt, the Venue accepts no liability or has no responsibility for any External Food and the Client shall have full responsibility for ensuring that their Guests’ dietary requirements and allergies have been catered for and that the Guests have been notified of the ingredients of such product(s).

12.4 Allergies and Intolerances

The Venue acknowledges that certain people are hypersensitive to certain food substances which cause an allergic reaction and in some cases the reaction can be severe. Accordingly, we ask the Client to provide the Venue with all details of special requirements, allergies and intolerances in Writing, specifying the name of the Guest, the table number and the ingredients that cannot be ingested and to which the guest has intolerance or objection. Please note: should further requests be received on the day of the Event, without advance notification, the additional catering will be chargeable and advised accordingly.

12.5 Cross-Contamination

We cannot guarantee that special diets do not contain trace cross-contamination including but not limited to ingredients such as nuts. We will be happy to prepare an ingredient list for any Guest who is an allergy sufferer.

12.6 Storage and Heating

The Venue cannot be held responsible for the storage or heating of any food items that have not been sold or prepared on site.

13. Entertainment

13.1 Public Liability Insurance

Any entertainment provided for the Event by the Client, including but not limited to, DJs, discotheques, bands, singers, musical entertainers and speakers shall provide their own public liability insurance. The Venue requires that the Client provides a copy of all paperwork reasonably requested by the Venue, including but not limited to: the entertainer’s insurance schedule for each performer or performance group, completed risk assessments, method statements for moving the equipment in and out of the Venue, evidence of PAT test results for any equipment which will be used in the Venue, at least 14 days prior to the Event Date.

13.2 Fireworks and Lanterns

Fireworks and Chinese lanterns are not permitted at the Venue.

13.3 Smoke Machines

Due to smoke detectors at the Venue, the Client, their External Suppliers must not operate smoke machines without prior agreement from the Venue.

14. Data Protection

14.1 Use of Personal Data

The Venue shall use the personal data provided by the Client:

• in the planning, organisation and delivery of the Event;
• to process the Client’s payment for the Event; and
• if agreed during the booking process, to provide the Client with information about similar products, services and facilities that the Venue provides, provided always that the Client may stop receiving this information by unsubscribing or otherwise contacting the Venue at any time.

14.2 Client Warranty

The Client warrants that it has obtained the express written consent of any and all of the Guests or other individuals’ whose personal data is disclosed to the Venue by it in accordance with this Contract,

14.3 Disclosure to Third Parties

The Venue will only give the personal data disclosed to it by the Client to third parties where the law either requires or allows it so to do.

15. Notices

15.1 Communication

Unless otherwise expressly provided for elsewhere in the Contract, all notices and correspondence to be sent by either party shall be made in Writing by recorded delivery or email to the details specified in the Form. Notices sent by email should be addressed to townhall.bookings@rochdale.gov.uk and shall be deemed to have been received at 09:00am on the next business day after it is sent. If notice is sent by recorded delivery, it shall be deemed to have reached the party to whom it is addressed at the time and date when, according to the relevant tracking system, the notice has been delivered.

16. General

16.1 Entire Agreement

The Contract constitutes the entire agreement and understanding between the Venue and the Client in respect of the matters dealt with in it, and supersedes, cancels and nullifies any previous agreement between the Venue and the Client, notwithstanding the terms of any previous contract, agreement or arrangement expressed to survive termination.

16.2 Reliance on Representations

Neither party has entered into the Contract in reliance on any warranty, representation or statement made by the other which is not set out in the Contract.

16.3 Severability

If any provision of the Contract or any part of such is found by any Court or other authority of competent jurisdiction to be invalid or otherwise unenforceable or indication of the same is received by either party, the parties shall amend the relevant parts of that clause in such a way as to achieve the intention of the parties without illegality or, at the Venue’s sole discretion, that part shall be severed from the Contract without affecting the other provisions of the Contract, which shall remain in full force and effect.

16.4 Variation

No variation of the Contract shall be effective unless agreed in Writing by both the Venue and the Client. All quotations and bookings accepted by the Venue are subject to the terms of the Contract, which shall override any terms, conditions or warranties stipulated, incorporated or referred to by the Client including but not limited to that referred to in the Client’s order, booking or any negotiations between the parties.

16.5 Waiver

The failure of either party at any time or times to require performance of any provision hereof shall not affect that party’s right to enforce such provision at a later time. No waiver by either party of any conditions or the breach of any term covenant, representation or warranty contained in the Contract in any 1 (one) or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or be deemed to be or construed as a waiver of the breach of any other term, covenant, representation, or warranty in the Contract.

16.6 Assignment

The Client may not without the Venue’s prior written permission assign, sub-contract, delegate or otherwise transfer to another person the whole or part of their rights and obligations under the Contract. The Venue may assign, sub-contract, delegate or otherwise transfer to another person the whole or part of their rights and obligations under this Contract without notice to the Client.

16.7 Third Party Rights

Any person who is not party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The term does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

16.8 Governing Law

The Contract shall be governed by English Law and the parties to the Contract submit to the exclusive jurisdiction of the English Courts.