Terms & Conditions

EVENT TERMS AND CONDITIONS

The following terms and conditions shall apply to each and every contract between the Business and any Client and shall be deemed to have been incorporated into any Booking Form. Any terms not defined in these terms and conditions shall have the meaning ascribed to them in the Booking Form. All Services provided by the Business shall be on these terms and conditions unless specifically varied in writing by the Business:

1. Definitions

In these terms and conditions, the following definitions shall apply:

The “Business” means Kinkell Byre Limited a company incorporated in Scotland with company number SC625146 and having its registered office at Kinkell House, St Andrews, Fife, United Kingdom, KY16 8PN.

The “Booking Form” means the form attached to these Conditions setting out the specific requirements of your Event and Services.

The “Client” means the individual, who shall be over 18 years of age, or body corporate, who purchases the Services from the Business.

The “Conditions” means these terms and conditions.

The “Contract” means the Booking Form and these Conditions.

The “Event Date” means the date of the Event as set out in the Booking Form.

The “Initial Payment” means part of the Fee payable by the Client to the Business in order to secure the Event as set out in the Booking Form which is not less than 50% of the total Fees (unless otherwise agreed in writing by the parties).

The ”Instalment” means any part payment of the Initial Payment, where the parties have agreed in writing that the Initial Payment may be paid in instalments.

The “Event” means the occasion to be organised by the Business or organised by the Client at the Venue as set out in the Booking Form.

The “Event Period” means the period of time agreed for the hire of the Venue as described in the Booking Form, to include any period of time to set up and clear the Venue.

The “Guests” means invited persons nominated to take part in the Event by the Client or invited to the Event by the Client.

The “Fees” means the fee due by the Client to the Business for performance of the Services.

The “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation:

(a) acts of God, flood, drought, earthquake or other natural disaster;

(b) epidemic or pandemic (including but not limited to COVID-19 or any other such variation of COVID-19);

(c) terrorist attack, war, threat of preparation of war, embargo imposition of sanctions;

(d) nuclear, chemical or biological contamination;

(e) any law or any action taken by a government or public authority;

(f) collapse of buildings, fire explosion or accident;

(g) interruption or failure of utility service;

(h) adverse weather conditions.

The “Services” means the hiring of the Venue by the Client and any additional services or equipment at the Event as specified in the Booking Form.

The “Supplier Code of Conduct” means the code of conduct for all suppliers engaged by the Client as provided by the Business to the Client from time to time.

The “Venue” means Kinkell Byre located at Kinkell Farm, St Andrews, Fife, KY16 8PN.

2. Booking

2.1. This Contract shall come into effect on the date of signing of the Contract or the date that the Initial Payment or the first Instalment has been paid to the Business in cleared funds by the Client, whichever is earlier. Until that time, the bookings for hire will be treated as provisional.

3. Services

3.1. All Services must be agreed with the Business and Client not less than 4 weeks before the Date.

3.2. The Business shall supply the services to the Client during the Event Period subject to any specific timings agreed in writing by the parties before the Event.

3.3. The Business has the sole right to provide the Services at the Venue. The Client must not use any third party lighting or bar suppliers without the prior written consent of the Business. The Business is not responsible for any suppliers engaged by the Client and the Client should read any contracts with such suppliers carefully.

4. Licence and Use of Venue

4.1. Subject to clauses 5, 6 and 7, the Business grants the Client a right for the Event Period to enter and use the Venue for the Event in accordance with the terms of the Contract. The Client acknowledges that:

4.1.1. the Client shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between the Business and the Client by this agreement; and

4.1.2. the Business retains control, possession and management of the Venue and the Client has no right to exclude the Business from the Venue. The Business reserves the right to enter the Venue at all times during the Event Period, including to supply the Services.

4.2. The Client agrees and undertakes:

4.2.1. not to use the Venue other than for the Event;

4.2.2. not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Business or to any other customers of the Business, or any owner or occupier of neighbouring property;

4.2.3. to comply (and ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from the Business, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;

4.2.4. not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment or fixtures at the Venue;

4.2.5. not to fix any bolts, nails, tasks, screws, adhesives, tape or other such fixings to the walls or fabric of the Venue;

4.2.6. not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of the Business;

4.2.7. not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of the Business;

4.2.8. use any equipment provided by the Business, as specified in the Booking Form, for its proper purpose and in accordance with any instructions provided by the Business regarding its use;

4.2.9. to leave the Venue in a clean and tidy condition and to remove the Client’s decorations, displays and any other Client equipment from the Venue at the end of the Event Period;

4.2.10. to ensure that, unless otherwise agreed, all Suppliers remove their equipment and materials not later than 2am on the Event Date;

4.2.11. to ensure that all music is turned off not later than 1am on the Event Date;

4.2.12. to ensure that no alcohol is served at the Venue after 1am on the Event Date;

4.2.13. to ensure that all guests leave the Venue not later than 2am on the Event Date;

4.2.14. not to bring or permit to be brought any animal onto the Venue without the prior written consent of the Business, with the exception of assistance dogs within the meaning of the Equality Act 2010;

4.2.15 not to use or permit to be used any form of confetti or confetti canons at the Venue, with the exception of dried flowers or dried petals which may be permitted as agreed in writing by the Business in advance.

4.3. The use of fireworks and the setting of fires of any kind is strictly prohibited at the Venue, with the exception of low noise fireworks approved in writing by the Business in advance.

4.4. In accordance with the Smoking, Health and Social Care (Scotland) Act 2005, it is an offence to smoke in any wholly or substantially enclosed public space. Smoking in the Venue is prohibited. Smoking may take place outside only in the designated areas.

4.5. Vaping in the Venue is prohibited. Vaping may take place outside only in the designated aras.

4.6. Car parking facilities are available for guests and cars may be left at the Venue overnight. The Business accepts no liability or responsibility for any vehicles left at the Venue

4.7. The Client shall ensure that the Guests behave in a responsible and safe manner at the Event, and the Business reserves the right to remove or request that the Client remove Guests that do not do so from the Event and Venue.

4.8. The Business shall not licence the Venue to any other third party during the Event Period.

5. Payment Term

5.1. The Initial Payment shall be payable to the Business by way of a non-returnable deposit (whether paid in a lump sum or in Instalments). The Initial Payment or the first Instalment is accepted as agreement by the Client to the Contract or confirmation of the Client’s rental of the Venue for the relevant date.

5.2. The Business shall issue an invoice for the Fees (less the amount of the Initial Payment actually paid by the Client at the date of the invoice) which shall be payable by the Client no less than 6 months prior to the Event.

5.3. The Business may issue an additional invoice after the Event for any further Fees due which were not included in the invoice issued pursuant to clause 5.2. Such Fees may include those payable for any final alternations to the Services, or for any guests attending the Event in excess of the number estimated by the Client in the Booking Form. Fees invoiced pursuant to this clause 5.3 shall be payable by the Client within 14 days of receipt.

5.4. Any delays in payment of sums due under the Contract will incur interest daily, at a rate of 4% above the prevailing base rate of the Royal Bank of Scotland. The Client is liable for their bank charges and fees.

5.5. The Client shall not be entitled to any reduction in the price if the number of Guests who attend the Event is less than the number stated in the Booking Form.

5.6. All sums due under this Contract shall be made to a bank account nominated by the Business and in pounds Sterling.

5.7. All sums due under this Contract shall be made without deduction or set off.

6. Cancellation or Amendment by Clients

6.1. The Client may cancel the Event but cancellation will only take effect from the date that the Business received written notice of cancellation. A cancellation fee will be payable as set out below:

Cancellation before the Event Date	Cancellation Fee
Any date prior to the 6 month period ending on the day immediately before the Event Date	Initial Payment
Any date within the 6 month period ending on the day immediately before the Event Date	Full Payment
On the Event Date	Full Payment

For example, if the Event Date is 15 September, cancellation on any date up to and including 14 March would incur a Cancellation Fee of the Initial Payment. Cancellation on 15 March up to and including 15 September would incur a Cancellation Fee of the Full Payment due. For the avoidance of doubt, the Initial Payment which shall be taken as a cancellation fee is the full Initial Payment; if the Client has not paid all Instalments as agreed between the parties, these shall become immediately due as at the date of cancellation.

6.2. Sums due to the Business under this clause 6 shall fall due on the Date, or if the Event was to take place over a number of days, the first day the Event took effect.

6.3. In the event that the Client wishes to amend the Event, the Client must communicate in writing to the Business the amendments to the Event as soon as reasonably practical and both parties shall act in good faith to mutually agree the Client’s amendment request. Notwithstanding the foregoing, any changes to the Event are subject to the prior written approval of the Business and the Business shall be permitted to amend the Fees accordingly.

7. Cancellation or Amendments by the Business

7.1. The Business reserves the right to cancel the Event with immediate effect by giving written notice to the Client if:

7.1.1. the Client fails to pay any amount due under the Contract on the due date for payment;

7.1.2. the Client commits a material breach of any term of the Contract; or

7.1.3. the Client or Guests fail to comply with instructions issued by the Business.

7.2. If the Contract is cancelled under clause 7.1, the Business will use reasonable endeavours to re-book the Venue, but the Business reserves the right to charge a cancellation fee. Any sums already received by the Business (including the Initial Payment) under this Contract will be deducted from the cancellation fee. The cancellation fee shall be as detailed in table at clause 6.1.

7.3. The Business reserves the right to alter or amend the Event or Services as specified in the Booking Form, in the event that such action is deemed necessary by the Business (for reasons of safety, unavailability of qualified staff or suitable equipment, or other such reasons which in the opinion of the Business make such actions necessary). Wherever possible, the Business  after consultation with the Client wherever possible and as soon as reasonably practical.

7.4 The Business reserves the right to make alterations to the Venue between confirmation of the Client’s rental of the Venue for the Event and the Event Date.

7.5. The Business reserves the right to alter or cancel all, or part of the Event if a Force Majeure Event arises in accordance with clause 10.1. Should the Business exercise this right, the Business shall use its reasonable endeavours to re-book the Venue. Notwithstanding the foregoing, if the Business and Client cannot agree a date to re-book the Venue, the Business shall not be required to refund any Fees to the Client.

7.6. On completion or cancellation of the Contract for whatever reason:

7.6.1. any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and

7.6.2. completion or cancellation of the Contract shall  not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

8. The Business’ Management of The Event

8.1. The Client agrees on its own behalf and on behalf of each and every Guest:

8.1.1. that the opinion of the Business is final in regard to safety matters;

8.1.2. to comply with any requests or order made by the Business in the interests of safety however expressed; and

8.1.3. to comply with any reasonable instruction given by the Business for any other reason.

8.2. The Business reserves the right to request any Guest to leave the Event if in the opinion of the Business the Guest is behaving in a dangerous, unreasonable or disruptive manner and the Client agrees to procure that each Guest will comply with such a request. In such circumstances the Business shall be under no liability to the Client or the Guest in respect to any refund of the Fee or compensation for any costs or damages, which may be incurred, by the Client or Guest.

8.3. The Business may hold the Client responsible for any damage to the Business’s property or equipment caused by the Client or the Guests or the Client’s suppliers.

8.4. The Client undertakes to ensure that its suppliers will comply with the Supplier Code of Conduct.

9. The Business’ Liability

9.1. The Business shall be required to take all reasonable care in providing the services and rental of the venue and having regard to health and safety legislation.

9.2. If the Business fails to comply with this Contract, the Business is responsible for loss or damage suffered by the Client that is a foreseeable result of the Business breaking the Contract or the Business’ failure to use reasonable care and skill, but the Business 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 date the Contract is entered into, both parties knew it might happen, for example, if it was discussed during the sales process.

9.3. The Client accepts liability for all loss, damages and costs that should arise as a result of the Event including for the avoidance of doubt, rectifying any damage to Venue property caused by or arising out of their Event and the Client shall indemnify the Business accordingly for any such liability. For the avoidance of doubt, the Business excludes liability for any personal property left at the Venue.

9.4. The Business does not exclude or limit in any way its liability to the Client where it would be unlawful to do so. This includes liability for death or personal injury caused by the Business’ negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Client’s legal rights in relation to the Services.

9.5. Subject to clause 9.4, the Business’ total liability under the Contract shall in no event exceed the total Fees actually received.

9.6. The Business excludes all liability for any valuables and vehicles at the Venue.

10. General

10.1. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform any of its obligations under the Contract if such delay or failure result from a Force Majeure Event, circumstances or causes beyond its reasonable control.

10.2. Personal Accident Insurance covering the Event is not included in the price.

10.3. The Business recommends that the Client obtains suitable insurance cover against the costs associated with the Event.

10.4. Any notice or other communication given by the Client to the Business shall be in writing to info@kinkell.com or the email address of any such member of the team at the Business whom the Client is liaising directly with in relation to the Event.

10.5. Any notice or other communication given by the Business to the Client shall be in writing to the email address given on the Booking Form.

10.6. The Business shall only use the Client’s personal information as set out in the Business https://kinkellbyre.com/privacy-policy/.

10.7. The Client shall not be entitled to assign, novate or otherwise transfer or deal with the benefit or obligations under this Contract. The Business shall be entitled to assign, novate, sub-contract or otherwise transfer its rights and obligations under the Contract at its discretion.

10.8. The Contract shall be governed by the Laws of Scotland and the parties hereto shall submit to the exclusive jurisdiction of the Scottish Courts.

IN WITNESS WHEREOF:

Sandy Fyfe for KINKELL BYRE LTD & KINKELL

PARTNERSHIP