F.G. JEANES AND SON LIMITED TRADING AS QUANTOCK LAKES
TERMS AND CONDITIONS OF SERVICE
This document (together with any documents referred to on it) tells you information about us and contains the legal terms and conditions on which we supply to you, venue hire and ancillary services.
Please make sure that you understand these Terms, before submitting an order for Services.
Our relationship is subject to these Terms. They impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage (see clause 14).
Please note that by ordering any Services, you agree to be bound by these Terms and the other documents expressly referred to in them. You should print and keep a copy of these Terms for future reference.
Please understand that if you do not accept these Terms then you will not be able to order any Services from us.
Please note that CCTV is in use on our premises for safety, security, and crime prevention purposes.
Please note the signs placed around our Venue and Accommodation indicating the location of our cameras.
For more information regarding our CCTV use please contact Naomi Hansford on 01278 733202
1.1. When the following words with capital letters are used in these Terms, the Booking Form and/or the Introduction, this is what they mean:
means any or all of the buildings comprising the Wedding Village and, if applicable, the Granary Barn, as described in the Specification which is also subject to the Accommodation Terms and Conditions;
Accommodation Terms and Conditions
means the terms and conditions governing your hire of the Accommodation. In the event of any conflict between these Terms and the Accommodation Terms and Conditions, the Terms will take priority;
the total price of the Services, less the Deposit paid;
the email we send to you after you have submitted the signed Booking Form to us and we have accepted it, as explained in clause 4.4.3 below;
the booking order form emailed to you and these Terms, setting out the Customer's order for the supply of Services by F.G. Jeanes and Son Limited;
the individual legally binding contract formed between you and us when you place an order for Services, which we accept according to the provisions of clause 4.4 below;
the advance payment of £1,800.00, which you must pay to us as described in clause 4.4.3;
has the meaning in clause 6.3;
Event Outside Our Control
is described in clause 16 below;
Naomi Hansford or another Quantock Lakes' staff member notified to you from time to time;
the event/function organised by you, which is to be held at the Venue on the Service Date;
the date(s) on which we will provide the Services to you, as agreed with you during the order process (see clause 4.3) and set out in the Booking Form or such other dates as we may agree with you in writing;
the venue hire and ancillary services described in the Specification (including the hire by us to you of the Venue for the purposes of the Function) and such other services as may be agreed between you and us from time to time in writing;
the description or specification of the Services and Accommodation, as specified on the Booking Form;
the materials, equipment, documents and other property, which we hire to you in connection with the Services;
these terms and conditions on which we supply Services to you;
Third Party Supplier
third party suppliers of services (for example, DJ, catering services or marquee hire services);
the buildings known as the "Rustic Barn" and "Quantock Barn" located at Inwood Farm, Nether Stowey, Somerset, TA5 1HY and the Wedding Village. The Venue is excluding the car park and the building known as the "Granary Barn" located at Inwood Farm.
the website hosted at https://www.quantocklakes.com/
means all rooms within the buildings known as the "Piggery Barn", the "Wagon House Barn", and the "Stables Barn" including the barbeque area located within the courtyard at Inwood Farm, Nether Stowey, Somerset, TA5 1HY.
1.2. In this document, the words "we", "us" and "our" refer to F.G. Jeanes and Son Limited.
1.3. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.4. Any phrase introduced by the terms including, include, in particular or any similar expression will be construed as illustrative and shall not limit the meaning of the words preceding those terms.
1.5. A reference to writing or written includes faxes and emails.
2. Information about us and how to contact us
2.1 An important point about these Terms and any Contract. A Contract is an agreement to provide Services to you on these Terms. We will not provide any Services to you other than on these Terms.
2.2 Who we are. We are F.G. Jeanes & Son Limited (company number 00672745). We are a private limited company, whose registered address is at Currypool Farm, Cannington, Bridgwater, Somerset, TA5 2NH. Our registered VAT number is GB130327122.
2.3. How to contact us. You can contact us by telephoning us on 01278 733202 or by writing to us via email to email@example.com or by writing to us at Quantock Lakes, Inwood Farm, Nether Stowey. Bridgwater, Somerset TA5 1HY.
2.4. How we may contact you. If we have to contact you we will do so by telephone (using the number you gave us in the Booking process) or by writing to you at the email address or postal address you provided to us during the booking process.
2.5. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
2.6. Words in these Terms in the singular include the plural and vice versa.
3.0. Our Services
Services may vary slightly from the images we make available to you. The images shown on our Website or which we make available to you that show the services that we have provided to other customers and are for illustrative purposes only. While we acknowledge that we are under a duty to provide the Services with reasonable care and skill, the Services (and/or the results of the Services) may differ from those we have provided to other customers, as shown in those images.
4.0. Our contract with you
4.1. Arranging a visit to inspect the Service Address. Once we have received your enquiry, we will contact you (using the email address or telephone number you give to us when you make your enquiry) to discuss your requirements and, if necessary, arrange a convenient date and time for you to visit our premises, so that we can prepare and send you a written quotation, setting out a draft specification of the services you would like us to carry out and our estimated price for the services listed in that draft specification. For the avoidance of any doubt, we will not charge you for responding to your enquiry, arranging/conducting a visit to our premises or for providing you with a draft specification and quotation.
4.2. Our quotation will be valid for a period of 30 days from the date of its issue.
4.3. Agreeing the Service Date. Before we send you a quotation, we will liaise with you to arrange a potential date(s) for your function/event and on which we may be able to carry out the Services. The Service Date will be confirmed in the Booking Form.
Your attention is drawn to clause 5, which explains your rights to request changes to the Services.
4.4. How we will accept your order and payment of the Deposit.
4.4.1. our quotation is not a binding offer capable of acceptance. Please let us know if you would like to proceed on the basis of the quotation we have sent to you, by printing out, signing and returning to us (by email to the Manager or by post to Quantock Lakes, Inwood Farm, Nether Stowey, Bridgwater, Somerset. TA5 1HY the Booking Form attached to the quotation;
4.4.2. your request to proceed (i.e. the completed and signed Booking Form you send to us) will be considered as an offer by you to purchase the Services from us (as the case may be) in accordance with our quotation, the Booking Form and these Terms;
4.4.3. upon receipt of your completed and signed Booking Form, if we are satisfied with and agree to the information you have provided, we will send you an invoice in respect of the Deposit and the Balance, along with a signed copy of the Booking Form. A contract will only come into existence between you and us when we have received payment (in full and cleared funds) of the Deposit and the signed Booking Form and we subsequently send you a Booking Confirmation. For the avoidance of any doubt, we are under no obligation to accept your Booking Form and we will not be under any obligation to commence performance of the Services until we have received payment (in full and cleared funds) of the Deposit;
4.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this (and we will not send you a Booking Confirmation or commence the Services). This might be because of unexpected limits on our resources for which we could not reasonably plan; because we have identified an error in the price or description of the Services on the Booking Form; or because we are unable to meet, or agree to provide the services on, your proposed/preferred Services Date.
5. Rights to make changes - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE
5.1. Please take the time to read and check your Booking Form and our quotation carefully to make sure the information set out in them is complete and correct (e.g. to make sure it contains all the Services you require, refers to the correct Venue and that the Service Date is correct). If you wish to make a change to or add to the Services you have ordered (whether before or after a Contract has been formed), please contact us (see clause 2.3). We will let you know if the change is possible. If it is possible, and if we agree to the change (at our sole discretion), we will let you know about any changes to the price of the Services, the Service Date or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change. If you do not confirm the change within a reasonable amount of time we will provide the Services as originally stated in the Booking Form.
5.2. Service Date. We can only book a Service Date for our Venue 12 months' in advance, due to the time we and you will need to plan your wedding. As a result, you acknowledge and accept that, we may not be able to rehire the Venue and/or Wedding Village on the Service Date for the same price shown in the Booking Form or at all with less than 12 months' notice. Therefore, once we have sent you a Booking Confirmation we will be unable to change the Service Date within the 12 months preceding your Service Date. Any requests to change the Service Date after the Booking Confirmation prior to the 12 month period before the Service Date will be reasonably considered on a case by case basis and decisions to change the Service Date will be the sole discretion of F.G. Jeanes and Son Ltd.
5.3. We may change these Terms and/or the Services (in whole or in part, including the Venue and/or the Service Date):
5.3.1. to reflect changes in relevant laws and regulatory requirements; or
5.3.2. if there is an Event Outside Our Control (see clause 16).
As soon as we can, we will let you know about any consequent changes to the Services, the Service Date or anything else which would be necessary as a result of the changes to these Terms and/or the Services under this clause 5.3 and we will ask you to confirm whether you wish to go ahead with the change. If the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 12.1).
6. Price and payment
6.1. Where to find the price for the Services. This will be the price as set out in our quotation and the price of any additional charges that are incurred (see clauses 5.1 and 6.6). The price of the Services and the price of any additional Services you ask us to carry out will be confirmed in the Booking Form, this may be updated following a request in accordance with clause 5.1.
6.2. The price of the Services includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date we issue our quotation to you and the date on which we accept your order via a Booking Confirmation, we will inform you and we will give you the option of continuing to purchase the Services at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
6.3. When you must pay and how you must pay. We will send you an invoice for the Deposit and the Balance when we have received the signed Booking Form from you. We will email a copy of our invoice to you. Our invoice will show the dates by which you must pay the Deposit and the Balance. You must pay our invoice (in full and in cleared funds) by the due dates date for payment set out on our invoice, and in any event not less than 30 days in advance of the Service Date ("Due Date").
6.4. We accept payment by bank transfer or debit/credit card.
6.5. What happens if you do not pay the Deposit and/or the Balance on time.
6.5.1. We can cancel the Contract and refuse to provide the Services to you (see clause 13.1); or
6.5.2. We can charge interest. If you do not make any payment to us by the Due Date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of the Barclays Bank Plc from time to time. The interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.6. Additional charges you should be aware of. We are entitled to send you an invoice for additional sums if:
6.6.1. during the course of providing the Services, we are required to provide Services and/or Supplier Materials in addition to those listed in the Specification and/or in addition to Services we agree to provide under clause 5.1 (for example if you ask us to provide catering items/equipment, or if we are required to carry out heavy duty cleaning tasks following the Function);
6.6.2. the number of guests at the Function exceeds the number of guests you told us would attend the Function (see clause 7.2.1);
6.6.3. you or your guests at the Function cause damage to or loss of the Supplier Materials or any other property.
6.7. You must pay our invoice for additional sums charged under clause 6.6 (in full and in cleared funds) within 30 days of the date shown on the invoice.
6.8. Damage Deposit. If you have requested Accommodation be included with the Services:
6.8.1. You are required to pay to F.G. Jeanes & Son Ltd. a damage deposit of £500.00 in cleared funds at the time of your last payment for the Services as set out in the Booking Form ('Damage Deposit').
6.8.2. We will keep your Damage Deposit until such time as we are able to carry out necessary checks to the Accommodation after you have vacated them. Your Damage Deposit will be returned to you no later than 7 days from that date.
6.8.3. If the cost of fixing the damage exceeds the amount of the Damage Deposit you will be obligated to pay for the remainder of the sums required.
6.9. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
7. Your responsibilities
7.1. What we need you to do. You must:
7.1.1. co-operate with us in all matters relating to the Services;
7.1.2. provide us with any information, instructions and/or materials as we may need, so that we can provide the Services to you and you must ensure that any such information and/or materials are accurate, correct, and provided to us promptly following our request;
7.1.3. keep and maintain all Supplier Materials in safe custody and in good condition until you return them to us. You must not dispose of or use the Supplier Materials without our written instructions and/or authorisation. All Supplier Materials remain our exclusive property at all times. You must return all Supplier Materials to us at the conclusion of the Function.
7.2. Information we need from you before the Function. You must provide us with the following information during a final planning meeting, the date of which will be agreed will be no later than 1 month before the Service Date:
7.2.1. confirmation of the total number of guests who will attend the Function. We reserve the right to charge you a reasonable sum in proportion to the additional work required, if the actual number of guests at the Function exceeds the number you confirmed to us. For example, if you tell us that 100 people will attend the Function and on the day 200 people attend the Function, it is likely we will incur additional costs in preparation as a result;
7.2.2. confirmation of when third party suppliers (e.g. marquee and/or catering) will deliver to and collect their materials;
7.2.3. confirmation of the arrival time of your guests at the Function;
7.2.4. if any of your guests will be camping on our premises, the number of guests who will be camping.
7.3. What will happen if you do not give required information/materials to us. If you do not, within a reasonable time of us asking for it, provide us with this information/materials, or you provide us with incomplete or incorrect information/materials, we may either end the Contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Services late or not supplying any part of them if this is caused by you not giving us the information/materials we need within a reasonable time of us asking for it.
8. Venue and Accommodation Restrictions
8.1. Any restrictions on the use of the Venue will be brought to your attention during the booking and planning process. You acknowledge and accept that you must comply with (and that you are responsible for ensuring your guests' compliance with) all our reasonable instructions and directions and any restrictions we draw to your attention in respect of the Venue, Accommodation and/or the Function.
8.2. No food or drink (including alcoholic beverages) that has not been provided by us or an approved Third Party Supplier will be brought into the Venue unless previously agreed with us in writing. Failure to follow this clause 8.2 may result in a fee being charged to you.
8.3. You must obtain our written consent to display any signs, exhibitions, displays, and/or decorations throughout any part of the Venue.
8.4. You and your guests will have access to the car park located by the Venue on the Service Date, however, please note it is not exclusively available for the Function. We will ensure sufficient car parking is available for the Function but please be aware the car park is shared for other purposes not related to the Function.
9. The Function and the Venue.
9.1. Further responsibilities placed on you in respect of the Function. You must:
9.1.1. commence the Function promptly at the time(s) agreed with us;
9.1.2. ensure all Function guests act and dress responsibly at all times;
9.1.3. ensure that all music, dancing, theatre and/or other entertainment at any Function is kept to such a noise level as we may reasonably require and concludes promptly at the time we notify to you in advance of the Function and in any event by the time specified in the Booking Form. This is to ensure we comply with our licensing restrictions;
9.1.4. ensure that all Function guests leave our premises by no later than 2:00am GMT, other than guests who you have informed us (in advance, as required by clause 7.2.4) will be camping on our premises or staying in the Accommodation.
9.2. Use of Third Party Suppliers. You must:
9.2.1. inform us if you intend to engage the services of a Third Party Supplier and identify them to us in writing;
9.2.2. ensure that all Third Party Suppliers have any applicable licences and are made aware of and comply with all health and safety, non-smoking and behaviour policies (which we will provide on request), these Terms (to the extent they are relevant) and our instructions/directions at all times whilst on our premises;
9.2.3. arrange for each Third Party Supplier to provide us with details of their insurance documentation and risk assessment documentation (in respect of health and safety, fire risk and health and hygiene risks).
We reserve the right to immediately reject from the Venue any Third Party Supplier who you have not notified us about (as per clause 9.2.1) or who has failed to comply with the requirements of clauses 9.2.2 or 9.2.3.
9.3. Site Access. You may only visit the Venue and Accommodation with our prior written permission prior to the Service Date. No site access to the Venue is to take place on Sundays or on days when other functions are taking place. If you would like to visit the Venue please contact our Manger to arrange a convenient time.
10. Providing the Services
10.1. When we will provide the Services. We will provide the Services on the Service Date in accordance with the Specification, unless an Event Outside Our Control prevents us from doing so (see clause 16).
10.2. The Services will be carried out with reasonable care and skill.
10.3. Reasons we may postpone/suspend the supply of the Services to you. We may postpone or suspend the supply of the Services:
10.3.1. if you do not provide information to us, which we need in order to provide the Services to you (see clauses 7.2, 7.3, and 9.2)
10.3.2. to update the Services to reflect changes in relevant laws and regulatory requirements;
10.3.3. to make changes the Services as requested by you or notified by us to you (see clause 5).
10.4. If we have to postpone or suspend the supply of the Services for one of the reasons described in clause 10.3:
10.4.1. we will contact you as soon as reasonable possible to notify you;
10.4.2. our obligations under these Terms will be suspended and the time for performance of our obligations will be suspended for a reasonable time, until the reason for the suspension has been resolved.
10.5. The Supplier reserves the following rights:
10.5.1. to refuse entry to or eject (or require you to refuse entry to or eject) from the Venue any persons conducting themselves in an unseemly, inappropriate, obscene or unlawful manner; or
10.5.2. to refuse entry or close the Function in the event that you depart materially from the agreed nature of and/or agenda for the Function (as set out in the Booking Form),
for example, if the number of guests exceed the number you provided to us under clause 7.2.1, if you or your guests start camp fires, light fireworks (without permission), use illegal substances (e.g. drugs) on our premises, if you or your guests enter unauthorised parts of our premises without permission.
11. Your rights to cancel
11.1. The statutory cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to contracts for the supply of accommodation, catering or services related to leisure activities, where the contract provides for a specific date or period for performance (i.e. a Contract). Therefore, you will not have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Your rights to end the Contract
12.1. What happens if you have good reason for ending the Contract. You can only end the Contract if you have a good reason to do so (i.e. only for a reason set out at 12.1.1 to 12.1.3 below), in which case the Contract will end immediately. The relevant reasons are:
12.1.1. we have told you about a material change to the Services or these Terms which you do not agree to (see clause 5.1);
12.1.2. the Services are unable to be delivered on the Service Date because of an Event Outside Our Control; or
12.1.3. you have a legal right to end the Contract because of something we have done wrong.
12.2. Deposit. We will refund your Deposit in full for Services which have not been provided only if you notify us you are ending the contract not less than 12 months in advance of the Service Date. As stated in clause 5.2, we cannot resell a wedding date with less than 12 months' notice and therefore, we will retain the Deposit and any advance payments made to recover our loss of profits if you end the contract with less than 12 months remaining to the Service Date.
13. Our rights to end the Contract
13.1. What happens if we have a good reason for ending the Contract. We may end the Contract at any time by writing to you if:
13.1.1. you do not provide us with information/materials that are necessary for us to provide the Services to you when we have asked you to do so (see clause 7 and 9.2);
13.1.2. you fail to pay any amount due under the Contract on the due date for payment and you fail to make the payment within 14 days of us notifying you in writing to make the payment;
13.1.3. we are unable to provide the Services because of an Event Outside of Control; or
13.1.4. we have a legal right to end the Contract because of something you have done.
13.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 13.1 we reserve the right to retain any monies you have paid to us and/or seek to recover from you reasonable compensation for the net costs and/or or loss of profits we will incur as a direct result of you breaking the Contract.
14. Our responsibility for loss or damage suffered by you - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not so 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We are not liable for business losses. We only supply the Services for private use. If you intend to or use any of them for any commercial or business purpose we will have no liability to you for any loss of profit, revenue, loss of business, business interruption, or loss of business opportunity.
14.3. Responsibility we do not exclude: We do not in any way exclude or limit our liability for:
14.3.1. death or personal injury caused by our failure to use reasonable care and skill or that of our employees, agents or sub-contractors;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. any liability that cannot be excluded or restricted as a result of section 31 and/or section 57 of the Consumer Rights Act 2015;
14.3.4 any other liability for which it would be unlawful for us to attempt to limit or exclude our liability.
15. How we may use your personal information
16. Events Outside Our Control
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
16.2. An "Event Outside Our Control" means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of our suppliers and/or sub-contractors, severe or adverse weather conditions, failure of public or private telecommunications networks and/or failure of public or private electricity supply.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
16.3.1. we will contact you as soon as reasonably possible to notify you; and
16.3.2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
16.4. You may cancel (pursuant to clause 12.1) the Contract if an Event Outside Our Control materially affects the Specification and you no longer wish us to provide the Services. Please see your cancellation rights under clause 12.1. .
17. Other important terms
17.1. Business Name. Use of the company or trading name in any public materials is prohibited unless previously agreed in writing by us.
17.2. All amounts due under this Contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.3. Rights if one of us ends the Contract. Ending the Contract in accordance with these Terms does not (subject to anything expressly said in these Terms) affect any rights or remedies that you or we may have on or before the date that the Contract is ended.
17.4. We may transfer this agreement to someone else. We may transfer our rights under these Terms to another organisation. Where we have not explained when we will do this in these Terms, we will contact you to let you know if we plan to do this.
17.5. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms
17.6. If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.
17.7. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
17.8. Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you or we can bring legal proceedings in respect of the Contract and/or Services in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the Contract and/or Services in either the Scottish or the English courts. If you live in Northern Ireland, you or we can bring legal proceedings in respect of the Contract and/or Services in either the Northern Irish or the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or we fail to resolve a dispute between us in relation to a Contract or any Services you have received, you may want to contact The Consumer Ombudsman, a certified ADR provider with whom we are willing to work. Further information about Consumer Ombudsman is available on their website at https://www.ombudsman-services.org/sectors/consumer. We are also required to provide you with a link to the European Commission’s Online Dispute Resolution (ODR) platform.