Terms & Conditions
Venue Hire Terms and Conditions
- Definitions
In these terms and conditions, the following definitions shall apply:
“Couple” / “you” means the persons contracting with the Business under this Contract.
“Business” / “we” / “us” 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.
“Booking Details Form” means the booking details form at the front of this Contract. “Cabins” means the cabins located at Kinkell Farm, St Andrews, Fife, United Kingdom, KY16 8PN.
“Cabin T&Cs” means the terms and conditions for renting the Cabins, a current copy of which can be found at Schedule 2, as updated by the Business from time to time.
“Contract” means these terms and conditions, including the Booking Details Form, the Supplier Code of Conduct, and the Cabin T&Cs as applicable.
“Drinks” means the provision of alcoholic and non-alcoholic beverages during the Wedding, as agreed between the parties in writing.
“Guests” means invited persons nominated to take part in, or invited to, the Wedding by the Couple. “Initial Payment” means the deposit, as set out in the Booking Details Form. “Fees” means the total cost due by the Couple to the Business, as set out in the Booking Details Form.
“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.
“Furniture” means the provision of tables, chairs, sofas etc during the Wedding, as agreed between the parties in writing.
“Hire Period” means the period of time agreed for the Venue Hire as described in the Booking Details Form.
“Services” means the supply of Drinks, Furniture, and any other products and services agreed between the parties, as applicable.
“Supplier Code of Conduct” means the code of conduct for all suppliers engaged by the Couple, a current copy of which can be found at Schedule 1, as updated by the Business from time to time.
“Venue” means Kinkell Byre located at Kinkell Farm, St Andrews, Fife, KY16 8PN. “Venue Hire” means the booking of the Venue for the Wedding as per the terms of the Contract.
“Wedding” means the event taking place at the Venue on the Wedding Date, including any set-up and clean-up throughout the Hire Period.
“Wedding Date” means the date of the Wedding as set out in the Booking Form. 2. Booking
2.1. This Contract is between the Couple and the Business.
2.2. This Contract shall come into effect on the date that the Business has received a signed version of the Contract and the Initial Payment has been paid to the Business in cleared funds by the Couple. Until that time, the Venue Hire and any Services will be treated as provisional and no booking is binding.
- Suppliers
3.1. All services such as furniture hire, drinks service etc must be agreed with the Business and Couple not less than 4 weeks before the Wedding Date.
3.2. The Business shall supply the Services to the Couple during the Hire Period subject to any specific timings agreed in writing by the parties before the Wedding.
3.3. The Business has the sole right to provide Drinks at the Venue. The Couple must not use any third-party suppliers for Drinks without the prior written consent of the Business. 3.4. The Business does not provide any catering services.
3.5. The Couple may use any third-party suppliers they so choose for any other element of the Wedding.
3.6. The Couple ensures that their chosen suppliers will comply with the Supplier Code of Conduct. 3.7. The Business is not responsible for any suppliers engaged by the Couple and the Couple should read any contracts with such suppliers carefully.
3.8. The Couple will ensure that any Suppliers they hire in accordance with clause 3.5 above, shall have all required certificates and insurance including food hygiene certificate, electrical PAT testing certificates (and stickers) and insurance certificates. The Couple will provide copies of these to the Business within 7 days’ of a written request. Failure to provide these will be considered a material breach of these terms.
- Licence and Use of Venue
4.1. Subject to clauses 5, 6 and 7, the Business grants the Couple a right for the Hire Period to enter and use the Venue for the Wedding in accordance with the terms of this Contract. The Couple acknowledges that:
4.1.1. the Couple 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 Couple by this agreement;
4.1.2. the Business retains control, possession and management of the Venue and the Couple have no right to exclude the Business from the Venue; and
4.1.3. the Business reserves the right to enter the Venue at all times during the Hire Period. 4.2. The Couple agrees and undertakes (and shall procure the same of its guests, employees, agents, suppliers, and contractors):
4.2.1. to take all reasonable precautions not to injure any persons;
4.2.2. not to use the Venue other than for the Wedding;
4.2.3. not to do or permit to be done anything at the Venue which is illegal (including but not limited to illegal drugs and / or illegal gaming or betting) 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;
4.2.4. to comply with the terms of this Contract and any instructions or notices from the Business;
4.2.5. not to cause, or permit to be caused, any damage to the Venue, including any furnishings, equipment or fixtures at the Venue. If there are any breakages or damage to equipment or furniture, there will be a replacement charge, and any labour charge required invoiced back to the Couple.
4.2.6. not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixings to the walls or fabric of the Venue;
4.2.7. not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of the Business;
4.2.8. 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;
4.2.9. to use any equipment provided by the Business, for its proper purpose and in accordance with any instructions provided by the Business regarding its use;
4.2.10. to leave the Venue in a clean and tidy condition and to remove the Couple’s decorations, displays and anything else brought in by the Couple from the Venue at the end of the Hire Period;
4.2.11. to ensure that, unless otherwise agreed with the Business, all suppliers remove their equipment and materials no later than 8am the morning after the Wedding Date; 4.2.12. to ensure that all music is turned off not later than 1am the morning after the Wedding Date;
4.2.13. to ensure that no alcohol is served at the Venue after 1am the morning after the Wedding Date;
4.2.14. to ensure that all Guests and Suppliers leave the Venue not later than the end of the Hire Period; and
4.2.15. 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.
4.3. The Couple may use low-noise fireworks outdoors between 1pm and 11pm. Use of any other kind of fireworks and / or use of fireworks outside of these parameters is strictly prohibited. 4.4. The Couple may not use any smoke effects other than water based hazers. 4.5. The Couple may use dried petal confetti inside the Venue, but are not permitted to use any other form of confetti, use confetti outside, or use confetti canons. An additional cleaning fee of £ 100 will be billed where confetti has been used outside of these parameters.
4.6. 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 and accommodation is prohibited. Smoking may take place outside only.
4.7. The Business agrees that it shall not licence the Venue to any other party during the Hire Period. 4.8. Where the Couple has opted to rent the Cabins (as per the Booking Details Form or as agreed between the parties in writing), the Couple shall ensure that any Guests staying in the Cabins comply with the Cabin T&Cs. The Couple acknowledge and accept that they shall be responsible for any damage caused by any Guests staying in the Cabins. and would be invoiced for any damage caused by any guest at check out.
4.9. 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.
- Guest Behaviour
5.1. The Couple agrees on its own behalf and on behalf of each and every Guest: 5.1.1. that the opinion of the Business is final in regard to safety matters;
5.1.2. to comply with any requests or order made by the Business in the interests of safety however expressed; and
5.1.3. to comply with any reasonable instruction given by the Business for any other reason. 5.2. The Couple shall ensure that all Guests behave in a responsible and safe manner. 5.3. The Business has a zero tolerance policy towards violent, drunken, abusive, disruptive, dangerous
and / or threatening behaviour. If the Business discover any such behaviour, the Business reserves the right to take such action as the Business considers (in its sole discretion) necessary to ensure the safety of its personnel, including but not limited to:
5.3.1. stopping the sale of alcohol;
5.3.2. closing the bar early;
5.3.3. removing, or requiring the Couple to remove Guests who have such behaviour; 5.3.4. ending the Wedding earlier than in the Contract;
5.3.5. involving the police; and/or
5.3.6. pursuing the individuals involved in civil court,
and the Couple shall reimburse the Business and hold the Business harmless in the event that such action is necessary.
5.4. If the Business requests that any Guest leave the Wedding under clause 5.3.3, the Couple agrees to procure that each Guest will comply with such a request.
5.5. The Business shall not be liable in respect of any refund of the Fee or compensation for any costs or damages, which may be incurred by the Couple or any Guest following action taken under clause 5.3.
5.6. The Business shall hold the Couple responsible for any damage to the Business’s property or equipment caused by the Couple, the Guests, and / or the Couple’s suppliers. 5.7. Children must be supervised at all times and are the responsibility of the Couple and the children’s parents/guardians.
- Payment Terms
6.1. The Initial Payment shall be payable to the Business by way of a non-refundable payment and is accepted as agreement by the Couple to the Contract.
6.2. The Business shall issue a Balance invoice for the Fees (less the Initial Payment), which shall be payable by the Couple no less than 9 months prior to the Wedding Date.
6.3. Where the Couple decide to change any of the details, the Business shall issue an updated Booking Form indicating any funds which now fall due.
6.4. The Business may issue an additional invoice after the Wedding Date for any further fees due which were not included in the invoice issued pursuant to clauses 6.2 and 6.3. Such fees may include, but are not limited to:
6.4.1. additional fees for any alternations to the Services; and
6.4.2. additional fees billed in accordance with this Contract, including but not limited to under clauses 4.5, 4.8, and 7.6.
6.5. Fees invoiced pursuant to clause 6.4 shall be payable by the Couple within 14 days of receipt. 6.6. 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 Couple is liable for their bank charges and fees.
6.7. All sums due under this Contract shall be made to a bank account nominated by the Business and in pounds Sterling.
6.8. All sums due under this Contract shall be made without deduction or set off. 6.9. Unless previously agreed between the parties in writing, the Couple is responsible for any and all payments due under this Contract.
- Cancellation or Amendment by Couple
7.1. The Couple may cancel the Venue Hire on written notice to the Business, such cancellation to take effect from the date that the Business receives written notice of cancellation. 7.2. For cancellations made more than 12 months prior to the Wedding Date, the Couple shall forfeit the Initial Payment.
7.3. For cancellations made fewer than 12 months prior to the Wedding Date but more than 4 weeks before the Wedding Date, the Business shall retain the Initial Payment, and the Couple shall pay the remainder of the Fees to the Business (less the costs of the drinks service, furniture etc).
7.4. For cancellations made fewer than 4 weeks before the Wedding Date, the Business shall retain the Initial Payment and the Couple shall pay the remainder of the Fees to the Business, together with the cost of the Services such as furniture, drinks service etc in full.
7.5. Any sums due to the Business under this clause 7 shall fall due on date of cancellation. 7.6. If the Couple wishes to amend any details under this Contract, the Couple must communicate in writing to the Business such amendments as soon as reasonably practical and both parties shall act in good faith to mutually agree the Couple’s amendment request. Notwithstanding the foregoing, any changes are subject to the prior written approval of the Business and the Business shall be permitted to amend the Fees accordingly.
- Cancellation or Amendments by the Business
8.1. The Business reserves the right to cancel the Wedding with immediate effect by giving written notice to the Couple if:
8.1.1. the Couple fails to pay any amount due under the Contract on the due date for payment;
8.1.2. the Couple commits a material breach of any term of the Contract; or 8.1.3. the Couple deliberately conceals information, or deliberately gives the Business inaccurate information regarding the Wedding, in circumstances where the Business would not have accepted the booking.
8.2. If the Contract is cancelled under clause 8.1, but the parties agree in writing to remedy the cause for cancellation, the Business will use reasonable endeavours to re-book the Venue for the Wedding Date once the issue is remedied by the Couple, the Couple shall not be entitled to a refund of any funds paid to the Business where a remedy is not possible.
8.3. The Business reserves the right to alter or amend the Venue Hire or Services 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).
8.4. The Business reserves the right to make alterations to the Venue between confirmation of the Venue Hire and the Wedding Date.
8.5. The Business reserves the right to alter or cancel all, or part of, the Venue Hire 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 Couple cannot agree a date to re-book the Venue, the Business shall not be required to refund any Fees already paid by the Couple to the Business.
8.6. On completion or cancellation of the Contract for whatever reason:
8.6.1. 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
8.6.2. 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.
- The Business’s Liability
9.1. The Business shall take all reasonable care in providing the Services and Venue Hire and have regard to health and safety legislation.
9.2. If the Business fails to comply with this Contract, the Business shall be responsible for loss or damage suffered by the Couple 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 Couple accepts liability for all loss, damages and costs that may arise as a result of the Wedding including, for the avoidance of doubt, rectifying any damage to Venue property caused by or arising out of their Wedding and / or any other damage arising out of breach of clause 4, and the Couple shall indemnify the Business accordingly for any such liability.
9.4. The Business excludes all liability for any loss or damage to any personal property (including but not limited to vehicles, equipment, and other personal possessions) left at the Venue. 9.5. The Business does not exclude or limit in any way its liability to the Couple 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 Couple’s legal rights in relation to the Services. 9.6. Subject to clause 9.5, the Business’ total liability under the Contract shall in no event exceed the total Fees actually paid by the Couple.
- 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 Wedding is not included in the price but it is recommended for the Couple to organise this .
10.3. The Business strongly recommends that the Couple obtains suitable insurance cover against the costs associated with the Wedding including costs should the Wedding be cancelled for reasons out of either party’s control, such as extreme weather events or other Force Majeure Events.
10.4. Any notice or other communication given by the Couple 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 Couple is liaising directly with in relation to the Wedding.
10.5. Any notice or other communication given by the Business to the Couple shall be in writing to the email address given on the Booking Details Form, or other such email address (or contact details) as is communicated from the Couple in writing.
10.6. The Business shall only use the Couple’s personal information as set out in the Business https://kinkellbyre.com/privacy-policy/.
10.7. The Couple 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
Schedule 1: Supplier Code of Conduct
All suppliers must, unless otherwise agreed with Kinkell Byre, remove their equipment and materials from the venue no later than 8am the morning after the Wedding Date.
Suppliers must not cause damage to or misuse Kinkell Byre’s property or equipment.
Suppliers must leave the venue clean and tidy. Removing absolutely everything they bring in with them or using bins provided to correctly dispose of rubbish and recycling – nothing should be left unless agreed with the Venue or if it is to be left for the Couple to collect.
Suppliers may only use low-noise fireworks outdoors between 1pm and 11pm. If suppliers wish to smoke or vape, they must do so outside.
Suppliers must act safely, respectfully and professionally at all times. Suppliers must interact professionally with all others at the venue, including attendees of the event, employees of Kinkell Byre, and other suppliers. Kinkell Byre reserves the right to remove any supplier if in the opinion of Kinkell Bye, the supplier is behaving in a dangerous, unreasonable or disruptive manner.
All suppliers must follow all relevant laws, rules, regulations and requirements and have policies and procedures in place to ensure compliance.
Suppliers must have all relevant insurance at all times when operating at the venue.
All equipment used by suppliers must be PAT tested. All food and beverages must be prepared and served according to relevant safety standards.
Suppliers must report any issues or concerns to management at Kinkell Byre immediately if such issues or concerns arise.
In the event of an emergency the Couple shall ensure that all Guests leave their belongings and exit the building through the nearest exit and stand at the assembly point in the carpark which is located next to the flag pole.