The Oak Room terms and conditions

Terms and conditions

1. Obligations of the council in relation to the room on the day and time, subject to these terms and conditions

• To make the room available to the hirer for the exclusive use of the hirer and his/her guests, on a licence basis (and not as a lease) on the day and time.
• To ensure the room is made available in a reasonably clean and tidy state, is reasonably fit for purpose, and is safe for its intended purposes.
• To ensure the room and premises where it is located complies with relevant law regarding health and safety.

2. Obligations of the council in relation to the hire of the room

The council will not permit the premises to be let for any of the following purposes:

• For political rallies or demonstrations
• For purposes which are illegal, be they forbidden by law or unauthorised by official or accepted rules
• For functions attended by people whose presence may cause civil unrest or division within the community
• To an organisation or individual which has been banned by law

3. Right of the council to substitute the room indicated in paragraph 2 with another room (in which case the substitute room is the 'room' for the purposes of this hiring agreement)

It may do so:

• Acting reasonably and in good faith
• If the replacement room is of at least equivalent size and quality as the previous one

4. Obligations of the hirer in relation to the room on the day and time, subject to these terms and conditions – to use the room (and the premises where it is located) as follows

• In a safe manner.
• Complying with the council's code of use, which the hirer acknowledges he/she has read, and which forms part of these terms and conditions.
• Complying with the reasonable, lawful and properly communicated instructions of the council's staff, including those relating to health and safety, security, and general use of the room and the premises where the room is located.
• Complying with all relevant laws, not permitting such use for illegal activities.
• Only for the purpose and only up to the maximum capacity of 40 people.
• Without making any alterations to the room and/or those premises, including placing any signs, unless permitted by the council.
• Without causing unnecessary disturbance to other users of the premises where the room is located.
• Not in a way that brings the name of the council and/or the premises into disrepute.
• Not to use equipment or catering not supplied by the council, except as indicated in this hiring agreement or as otherwise agreed with the council.
• Not to permit consumption of liquor not purchased on the premises.
• Vacating the room and the premises generally promptly at the conclusion of the event.

5. Liability of the hirer if two or more hirers are named in paragraph 1

Joint and several liability.

6. Cancellation policy

Cancellation must be made in writing to the council as follows:

Mail: Facilities Management, Herefordshire Council, Plough Lane, Hereford HR4 0LE

Email: venuehire@herefordshire.gov.uk indicating 'cancellation' as the subject of the email.

7. Right of the council to cancel the hirer's booking

The council reserves the right to cancel any booking where it considers:

• That such events may be contrary to the interest of the general public or contrary to any law or act of Parliament. Any bookings will also be subject to consideration from the police to ensure the safety of the community is assessed against the request for a venue booking
• The hirer of the premises may do something that may cause or pose a risk of loss, damage or significant expense to the council or harm the reputation of the council

The council may advise the hirer of their right to cancel as follows:

• In writing.
• Only if any of the following applies:
  • If and for as long as any charges payable under paragraph 6 remain overdue.
  • If the council cannot make the room available due to circumstances outside its reasonable control, including industrial action; 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; transportation delays, non-availability of appliances and/or other items of equipment, telecommunication and/or utility services, and/or the requirement of any law, regulatory body, and/or the exercise of the council of any of its separate statutory functions (for example in the case of a civil emergency or the like).
  • If the council becomes aware that the hirer (or if more than one, any of them) is under the age of 18.
  • If the council has reasonable grounds to believe the hirer intends to use the room in breach of paragraph 13.
• The council is not obliged to make a refund except where paragraph (b) applies.

8. Liability of the hirer

The hirer shall be liable to the council for any damage caused by any person (other than personnel of the council) to the room (or any part of the premises where the room is located) in connection with the event to which this hiring agreement relates.

9. Limitation of liability of the council

If the hirer is a business and not a consumer, the council's liability to the hirer (aggregated between them if two or more of them), in tort and contract is:

• Capped to the refund of the charges paid or due or (if no charges have been paid and are not overdue), to £100.
• Excluded in relation to the following
• Indirect and consequential damages, and/or for any loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill.
• For loss, theft, damage or other adverse consequence to property of the hirer and/or his/her guests, except where the negligence or deliberate misconduct of the council and/or its representatives can be proven.
• Where the council is genuinely unable to meet its obligations in paragraph 11 due to circumstances outside its reasonable control, including circumstances outside its reasonable control, including industrial action; 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; transportation delays, non-availability of appliances and/or other items of equipment, telecommunication and/or utility services, and/or the requirement of any law, regulatory body, and/or the exercise of the council of any of its separate statutory functions (for example in the case of a civil emergency or the like).
• Such caps and exclusions do not apply to death or personal injury caused by the council's negligence, to fraudulent misrepresentation, or any other matter where the law does not permit the capping and/or exclusion of liability.

10. Assignment

• The hirer may not assign its rights and benefits under this hiring agreement without the council's prior written consent.
• The council may assign its rights and benefits under this hiring agreement without the hirer's prior written consent.

11. Complaints

See the council's website for arrangements if the hirer has a complaint about the council in connection with this hiring agreement.

12. Miscellaneous

• Waivers: no waiver of a party's rights, powers and benefits under this hiring agreement are deemed to have been waived unless in writing and clearly indicated to be a waiver. The waiver of that party's rights, powers and benefits on one occasion shall not necessarily bind it on another occasion.
• Amendment: this hiring agreement can only be amended by the council and the hirer in writing.
• Severability: any part of this hiring agreement which is held by a court to be unenforceable for any reason shall be severable from the rest of this hiring agreement, without harming the rest of this agreement. In these circumstances the council and the hirer shall co-operate in good faith to agree a replacement to this hiring agreement to replace the severed part.
• Entire agreement: this hiring agreement represents the entire agreement between the parties. It supersedes any previous agreement between the parties on the same subject matter. Any statements, representations, promises or the like by any party in relation to this hiring agreement which are not repeated in this hiring agreement are excluded to the fullest extent permitted by law. This does not exclude liability for fraudulent misrepresentation.
• Choice law, jurisdiction: this hiring agreement shall be interpreted according to English law. The parties shall refer any dispute in relation to this hiring agreement to the exclusive jurisdiction of the English courts.

Code of use

1. Conduct generally

The hirer must not allow any activity in relation to their event which in reasonable opinion of the council would do any of the following:

• Create unreasonable health and safety risks.
• Create an unreasonable risk of serious and unjustified adverse publicity to the premises and/or the Council, or bring the name of either into serious and unjustified disrepute.

2. Furniture and equipment

Some furniture and equipment is available for free use during the hire period. We constantly review our facilities and therefore you should discuss your requirements with the Letting Officer to ascertain if we are able to provide your requirements at an additional charge.

No other furniture or equipment may be brought to the venue without the prior consent of the Letting Officer.

3. Access arrangements

Arrangements for access and exiting the building will be confirmed by the Letting Officer.

4. Accessories

Helium balloons, naked flames (candles) are not permitted.

5. Cloakroom facilities

No cloakroom facilities are available.

6. Smoking

No smoking is allowed at any council premises.

7. Animals

The hirer must not allow any animal to be brought onto the premises for the purposes of their event. Exception: assistance animals.

8. Data protection

These records will be retained for 12 months and then confidentially disposed of. These records will not be shared with a third party.

9. Fire safety management

In the event of the fire alarm sounding, evacuate the building immediately and muster at the assembly point which is situated in the end of the car park. Do not try to re-enter the building until the Emergency Coordinator has given the all clear to do so. If you have doubts about the fire or safety of electrical equipment in use for your event or meeting please consult one of the custodians.