1. Interpretation

In these Booking Conditions the following definitions apply:

a) “Auction House” means Binning wine mart limited, registered number 483193 of 25 park street west, Luton, Beds, Lu1 2b5
b) “Booking” means a Booking confirmed by the Auction House by issue of an Event Order subject to these Auction House Booking Conditions.
c) “Client” means the person, firm, company or organization holding the Function at the Venue whose name appears on the Event Order
d) “Date” means the date that the Event Order refers to as reserved for the Client Function at the Venue
e) “Function” means the event which the Client wishes to hold at the Venue on the Date
e) “Manager” means the General Manager for the time being of the Auction House and includes any staff member of the Venue authorized to perform any particular duty
f) “Total Function Price” means the total price and any surcharges specified in the Event Order to be paid to the Auction House including the non-refundable deposit and VAT for Venue hire, delegate or guest charges, catering, beverages, entertainment, decoration, equipment hire and any extras supplied by the Auction House
g) “Venue” means that part of the Auction House premises located at Auction house, Crescent road , Luton, lu2 0ah identified in the Event Order

2. Booking Process

(a) The Auction House will issue a Quotation to the Client in writing. The Quotation acts to reserve the Date for 14 days or until released by Client, if earlier. Note: This is not a binding commitment by the Auction House to reserve a date or dates and no dates are held firm until an Event Order for a Date is issued by the Auction House.
(b) The Client requests a reservation by completing and signing the Booking Request Form accompanying the Quotation and returning it with the deposit (see below) within 14 days of the date of the Quotation. Note: No binding Contract is created at this stage.
(c) The process is complete and the Client order becomes binding on the Client and the Auction House on and subject to these Booking Conditions when the Auction House has received the deposit (see below) checked the Booking Request Form details and issues its Event Order in writing. Until the Event Order is issued a proposed booking may be rejected by the Auction House without giving any reasons.

3 Deposit
(a) All payment deposits are non- refundable. When the Client has completed and signed the Booking Request Form it must be delivered to The Auction House with a payment deposit. The amount of the payment deposit is set out in the Quotation and usually amounts to 20% of the estimated Total Function Price. The Auction House may request a higher payment deposit up to 100% of the estimated Total Function Price for larger Functions or Functions booked at periods of high demand. Details will be set out in the Quotation and Event Order.
(b) In addition or alternatively the Auction House may require a security deposit which will be provided by advanced credit card authorization or cash payment. Details will be provided in the Quotation and/or Event Order. NOTE: an Event Order can be issued subject to security deposit being provided within a period stated in the Event Order, such Event Orders are conditional and will lapse if the security deposit is not provided within the time specified. Security deposits are to be utilized by the Auction House as security for payment or damage and are otherwise fully refundable.
(c) A refundable deposit to be paid in advance of £1000. Full refund payable in the event of no damage caused
The Auction House reserve the right to deduct from the deposit any sum of money required to reimburse the
company for any damage caused by delegates.

Deposits may be paid by cheque or bankers draft made payable to Binning wine mart limited or by Bank transfer to:

Natwest Bank
Account Name: Binning Wine Mart Ltd T/A The Auction House
Account Number: 47096691 Sort Code: 60 13 28

(d) If 100% of monies are not paid 6 weeks prior to event date then a surcharge of 1.5% is charged per week of late payment.

4 Event Order
The Event Order is subject to these Auction House Booking Conditions and forms a binding Contract between the Client and the Auction House. If The Auction House does not issue an Event Order there is no Contract in place between the Client and the Auction House. Some Event Orders are conditional as set out in Condition 3 above. The Event Order sets out details of the Venue Booked (i.e. specific parts of the Auction House Building) and the expected number of guests who may attend the Function. The Auction House will be available to meet with the Client to agree final guest numbers until 6 weeks before the Function Date. Thereafter, numbers of guests are fixed and cannot be varied although the Auction House will accommodate increased numbers where it is able to do so subject to further Charges to be added to the Final Total Function Price. The Auction House’s decision about increasing numbers is at its sole discretion. .

5 Payment of Total Function Price

(a) The balance of the estimated Total Function Price and any surcharges as specified in the Event Order (less and deposit paid) plus VAT must be received by the Auction House at least 6 Weeks before the Date. On the Date the Auction House will issue a Final Invoice which will give credit for the estimated Total Function Price and any surcharges paid and the Client will pay any balance owed (including any additional charges) on the Date. Extras ordered on the Date will be paid for on the Date.
(b) Other than as set out in Condition 4 above, Changes to Event Orders may be made at the request of the Client. On receipt of such a request the Auction House will advise whether the change can be made and, if so, the impact of such requested change and the new Total Function Price. Upon receipt of the Client confirmation a new Event Order will be issued accommodating the change request replacing the existing Event Order.
(c) If outstanding payments are not received 6 weeks prior to the event taking place then there will be a £100 surcharge applied to the event charges per week outstanding balance not paid.

6 Cancellation or postponements by Client
a) Once an Event Order is issued if the Client wishes to cancel the Booking the Client will loose the non-refundable deposit and the following additional cancellation fees will apply. The Auction House advises the Client to insure against all risks which may give rise to a cancellation.

Over 10 Weeks notice to Date - 25% of Total Function Price or 100% of the Deposit, whichever is greater
Less than 10 weeks notice to Date - 67% of Total Function Price
Less than 6 weeks notice to Date - 100% of Total Function Price

b) In case of postponements made in excess of 12 weeks prior to a scheduled Date the Auction House shall be at liberty to levy an administrative charge of 10% of the estimated Total Function Price. The Client shall inform the Auction House in writing of the alternative requested date(s) for the Booking, whereupon subject to availability and any tariff adjustments related to the date, a new Event Order for the postponed Date(s) will be issued and all deposits paid less the administrative charge shall be credited to the postponed Date(s). Postponement cannot be made less than 12 weeks before Date and will be treated as a cancellation. Only one Postponement will be permitted for each Date. The Postponed Date must be within 10 weeks of the Date.

7 Substitution & Cancellation by the Auction House
a) The Auction House may assign an alternative suitable function room as the Venue for the Client Function if the appointed Venue is unavailable for any reason or the Auction House believes that the appointed Venue is no longer appropriate. The Auction House will consult with the Client before making a substitution. No compensation will be made if substitution is made.

b) The Auction House reserves the right to close all or part of the Venue, or prohibit the use of the facilities, (and cancel a Booking) in circumstances in which it believes that the Client function may result in a breach of these Booking Conditions, risk of breach of the law, a public nuisance or any activity which is likely to damage the reputation of the Venue or the Auction House or give rise to Health and Safety issues.

In the event of such a cancellation in advance of the Date the Auction House will refund the Total Function Price (to the extent it has been paid) but the Auction House will not be liable for any extra expenditure incurred or loss sustained by Client resulting from cancellation.

Notwithstanding the foregoing, no refund will be made when the reason for cancellation is not known to the Auction House until after the date the Event Order was issued because the Client failed to fully disclose in its Booking Request Form the true nature of the Client Function (so that the Auction House was not in possession of the full facts related to the Client Function) or the cancellation is caused by activities of the Client or guests or invitees or entertainers of the Client on the Date which breach these Booking Conditions, breach the law, are or are likely to be a public nuisance or any activity which is likely to damage the reputation of the Venue or the Auction House or is a risk to Health and Safety.

c) In the event of the Venue being required for any purpose connected with a National or Local emergency or Service (including any National or Local Election, Referendum or other purpose of a similar nature) on or proximate to any Date, the Auction House reserves the right to cancel the hiring upon refunding to the Client the deposit and any Total Function Price paid in respect of the effected Date for which the hiring shall be cancelled by the Auction House for such purpose.

Where the Auction House has decided that the Venue is required for any of the purposes referred to in Condition 7(c) the Client shall not be entitled to any compensation in respect of cancellation for such purpose (other than refund of sums paid to the Auction House by the Client).

d) If any circumstances over which the Auction House has no control (including but not limited to the effects of fire, flood, storm, natural disaster, water or other utility shortage or failure, and strikes or industrial action of any kind) render the Venue not available or any of the Booked facilities or services not available (the Auction House decision on availability being conclusive) for the Client on Date or any part of Date the Client shall not be entitled to any compensation as a result an d the Auction House may cancel the Booking or any part of it which it is unable to provide.

8 Admission
The Auction House reserves the right through its Manager to refuse admission to or remove from the Venue any person without stating any reason therefore. Security of the Venue is the responsibility of the Auction House but the Client shall act in a manner at all times consistent with maintaining security at the venue. The Client will issue written invitations to its Guests (unless otherwise agreed in writing with the Auction House in advance). The number of written invitations to the Function shall not exceed the maximum number of guests for which the Venue has been booked for the Function.

9 Function Timing
The Client Function must be conducted in an orderly and lawful manner and must finish at the time specified in the Event Order. Failure to finish on time will entitle the Auction House to make surcharges to Client.

10 Tariffs and Additions
Tariffs are set by the Auction House and the Auction House reserves the right to vary such charges without notice. Once an Event Order is issued by the Auction House, the rate of Tariff is fixed for that Event Order other than for any increases in taxes. Any increase in Total Function Price due to increased numbers of Client guests or additional services required by Client after Event Order will be dealt with in a revised Event Order where deemed practical by the Auction House. Where the increase or additional service is requested close to or at the Function the increases may be invoiced separately at the rate prevailing at the date of invoice which may not be the same rate as at the date of the Event Order. Invoices must be settled and all payments must be made on the Date.

The client will not publish to any medium any information and price tariffs given by The Auction House without prior consent from a manager at The Auction House

11 Indemnity
The Client shall indemnity the Auction House from, and against, any claim for damages, costs and expenses which may be made against the Auction House in respect of any death, personal injury or loss of, or damage to, property sustained by any person occurring during, or in consequence of the hiring other than as a result of the an act or omission of the Auction House, its Manager or Staff.

12 Loss and Damage
The Auction House wishes to maintain for our Client, other clients and their respective invited guests a safe environment, a high level of comfort and high standards of furnishings and decoration at the Venue.

Therefore, the Client agrees to indemnify the Auction House and to pay the Auction House, on demand, the cost of repairing or making good any loss or damage (fair wear and tear excepted) arising out of or incidental to the Client’s Function or the Client’s guests or entertainers use or abuse of the Venue.

The Client will also indemnify the Auction House from and against any claims, liability, loss, injury, death and damage of any kind arising from the Client’s Function or the Client’s guests to the extent caused through the negligence of Client or Client’s guests or entertainers.

Any excess cleaning requirements caused by the Client’s Function, guests or entertainers which the Auction House considers are beyond the normal general cleaning for a Function of that type will be billable as a surcharge.

The Auction House will not be liable for the theft, damage or loss of any goods or property brought to the Venue by Client and Client guests save to the extent that the law does not allow the Auction House to exclude such liability.

Where car parking is provided by the Auction House it is used by the Client, the Client’s guests and entertainers at their own risk and the Auction House is not responsible for the security of the car parks or for any loss or damage caused in the car parks.

13 Catering
a) The Auction House reserves to itself and or its nominees the right of supply and sale of all refreshments, (including beverages of all kinds) at the Venue. Catering and beverages services can be booked when booking the Function. No refreshments or beverages of any description may be brought into the Venue by or for the Client, Client’s guests or entertainers for consumption or resale.

b) Buffets will be provided in order to cater for a minimum of 80% of guests attending after a daytime function. If it is an evening function only, then catering for 100% of guest’s numbers will be required. Should the total numbers ultimately exceed those estimated/agreed with the Manager then the Auction House reserves the right to levy additional charges based on the actual numbers attending.

d) At peak times the Auction House has a requirement for a minimum number of 60 adults for a day time Function and 120 adults for an evening Function.

e) Please note menu choices are subject to availability.

14 Regulations
Clients and their Guests who are using the Venue will be bound by the Rules and Regulations of the Auction House, copies of which are available to Clients at the time of or subsequent to the Booking of the Venue. Further copies of Rules and Regulations may be obtained on application to the Manager.

15 Layouts and Use
All plans and designs for any exhibitions or displays that Client wishes to stage during the Function must be provided to the Auction House at least 6 weeks prior to the Date for approval. Once erected, they will be subject to inspection by Manager and must be altered relocated or removed if requested.

No display or advertising of any kind may be located outside that part of the Venue hired to the Client for the Function or outside the Venue building without approval of Auction House and Manager in advance.

Nothing may be attached to any part of the Venue or the building in which the Venue is located by nails, screws or adhesive nor may anything obstruct or restrict access to any door or fire exit or safety equipment.

No advertising may include reference to the Venue or the Auction House without the consent in writing in advance of the Auction House.

All labour and costs of set up and dismantling of the Function Room are the responsibility of the Client.

Noise levels advised by Manager may not be exceeded. In particular it should be noted that noise levels should not disturb or interfere with use of the Auction House building or the neighbors of the Auction House building. Customers supplying their own DJ’s are requested to supply their DJ with a copy of the Auction House sound system sheet which lays out the specifications and restrictions. As well as conforming to this all external DJ’s are requested to supply paperwork showing their Portable Appliance test in compliance with the Third Party contractors Electricity at Work Regulations 1989.

All Suppliers used by the customer are required to produce copies of their Public Liability insurance cover before any services are able to be carried out at the Auction House.

No Candles may be used in the venue of any type.

16 Party & Rights not transferable
The person signing the Booking Request Form is the Client and is responsible for payment unless signing on behalf of the Client and providing written evidence of authorization to sign on behalf of the Client. By signing the Booking Request Form on behalf of the Client the person signing warrants that they are authorized to sign on behalf of the Client and will be personally liable to pay if the Client fails to pay. The Event Order and the right to use the Venue is not transferable.

17 Gambling, Sweepstakes, Raffles and Lotteries
No sweepstake, raffle or other form of lottery or gambling shall be promoted, conducted or held at the Venue, except such lotteries which are licensed or otherwise permitted by relevant legislation relating to Gaming, Betting and Lotteries and are held with the prior written consent of the Manager. The Manager may require a written opinion from a solicitor obtained at the Client’s cost.

18 Licensing Laws and Alcohol
No person under eighteen years of age shall be entitled to be in the Venue, except to participate in a Function accompanied by a person over the age of eighteen years who is responsible for that person. Proof of age may be required. The Licensing Laws pertaining to persons less than eighteen years of age will be strictly enforced and must be complied with by Client and Client’s guests. The Auction House will refuse to serve intoxicated persons and they may be removed from the Venue.

The Auction House will ensure that the Venue is licensed for the Function for the provision by the Auction House or its nominated caterers of Alcohol and for the performance of musical (but no other) entertainment. The Client is responsible for obtaining any required licenses for any other performance and all copyright and performing rights society clearances or licenses required.

19. Deliveries and Collections
The Customer shall not arrange for the delivery of any goods or materials to the Venue unless by prior arrangement with the Management. When deliveries are made they must each be labeled clearly with the Client name and the Function Date. The Auction House will have absolutely no responsible for payment for security of, or for storage of customer deliveries or property, even if damage or loss is caused by a breach of security. Client must insure against all losses to goods and materials. No deliveries are permitted prior to the Date.

Collection of Client goods and materials after the Function must be made on the Date. It is the responsibility of the Client to clear the Client goods and materials promptly so that cleaning can take place after the Function without delay. Failure to clear the Venue within a reasonable time will give rise to surcharges. Client is responsible for removal of packaging and wastage as well as all goods and materials brought to the Venue by Client and Client guests. Surcharges may be made for failure to clear the venue immediately after the Function on the Date. Surcharges may be made for failure to clear the venue on the Date within a reasonable time of the Function times agreed.

20. Health and Safety

In order to conform to Health and Safety regulations, please ensure when booking bands, discos or artistes, that you receive confirmation, in writing, that all their electrical equipment has been P.A.T. tested.

Please note that the use of smoke making machines, special balloon effects and/or pyrotechnics is not allowed under any circumstances. Should the fire brigade respond to a call due to the any use of the same in breach of this requirement Client will be liable for all charges incurred.

The Health and Safety of Clients and guests is of paramount importance. The Client is responsible for ensuring that guests attending any function behave in a manner consistent with good health and safety

Management of the Auction House may suspend or cancel a Function where behavior threatens good health or safety in the opinion of the Manager.

Fireworks are prohibited anywhere on site including the car park. If fireworks are used within the venue or car park the breakables deposit will be forfeited.

21 General
The Agreement between the Auction House and the Client is solely contained in the Event Order and these Booking Conditions (plus any additions or changes subsequently made with the agreement of the Auction House).

The parties exclude all other terms and conditions. No other terms are to be implied by law or otherwise.

The parties have made and do not rely upon any representations other than those representations made by the Client in the Booking Request Form.

No waiver of rights by Auction Hose shall be effective unless in writing and signed by the Auction House and any waiver shall not act as a precedent to limit the rights of the Auction House thereafter.

This Agreement will be interpreted solely in accordance with English law. In the event of any dispute arising in connection with that Agreement, the Booking or the Function, the Auction House and the Client will Endeavour to settle the matter amicably. If the dispute is not settled amicably either party may refer this matter to the courts of England who shall have exclusive jurisdiction.

For the purposes of interpretation of these Booking Conditions (i) all references to gender shall apply equally to any gender, and (ii) where appropriate the singular shall be read as the plural and the plural as the singular, and (iii) all Condition headings shall be ignored.

Loudspeakers and any other similar audio devices are not allowed on the premises. The in-house speakers provided by The Auction House must be used.
The Auction House logo and all other The Auction House intellectual property shall not be used without prior consent from The Auction House.