Chester Race Company Ltd
Hospitality Agreement
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following words shall have the following meanings unless the context requires otherwise:
“Admission Badge” means the badge to be issued by the Company to the Customer (if an individual) and each Guest in respect of the Race Day.
“Booking” means an order for the Services placed by you and received by the Company.
“the Company” “our”, “us” and “we” means Chester Race Company Limited with company registration number 00036700 and whose registered office is at the Racecourse, Chester, Cheshire, CH1 2LY.
“Equipment” means any equipment provided by the Company in the course of the provision of the Services.
"Facility" means any area(s) (including room(s) and any box(es)), if any, in the Racecourse licensed to you for use in the provision of the Services on the Service Date (and “Facilities” shall be construed accordingly).
"Fee" means the amount to be paid by you as detailed this Agreement in respect of Services. All prices quoted shall exclude VAT unless expressly stated otherwise.
"Fixture List" means the list of Race Days relating to each race season published by the Company annually and updated from time to time.
"Guests" means the person(s) authorised to gain access to the Facility during provision of the Services.
"Racecourse" means the pitch, grounds, stands and related facilities (including, without limitation, the Facility) and any part thereof located at the Racecourse, Chester, Cheshire, CH1 2LY and / or the Racecourse Bangor-on-Dee Wrexham LL13 0DA as shall be identified in this Agreement.
“Race Day” means such days as are indicated on the Fixture List.
"Services" means the granting of access by the Company to you to the Racecourse, Facility, on the Service Date (which may include Race Days or other events) and the provision of such hospitality services for such period as set out in this Agreement.
“Service Date” means the date on which the Company agrees to provide the Services to you as confirmed in this Agreement.
"you" / "your"/ “the Customer” means the individual, organisation or company that is entering into this Agreement.
1.2 The Agreement and the Company’s standard Terms and Conditions shall form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Terms and Conditions. In the event of a conflict, the order of precedence shall be 1) the terms of this Agreement and 2) the standard Terms and Conditions.
1.3 We aim to ensure that the information provided in brochures and other promotional literature or material, or on our website, is accurate. There may however be non-material differences between the Services and their description. Such promotional literature or material shall not form part of the Agreement or have any contractual force.
2. BOOKING
2.1 When making a Booking, the Customer undertakes to accept for the Customer and on behalf of your Guests, the terms of this Agreement. You are responsible for making all payments due to us and for keeping all Guests advised of and ensuring their compliance with the terms and conditions incorporated in this Agreement and any other rules and regulations at the Racecourse.
2.2 Customers must be 18 years of age at the time of making the Booking.
2.3 When making a Booking, you must provide the number of Guests to be included in such Booking. The Company will endeavour to accommodate the required number of Guests but Customers are aware the Facilities are booked on a first come first served basis. The Company will also endeavour to accommodate any additional Guests notified after the date of the Booking, subject always to availability and clause 5.1 below.
2.4 Unless otherwise agreed by the Company, you are required to pay the Deposit at the time of making the Booking. When making a Booking, you must provide the number of Guests that are to attend the Facilities on the Race Day. The Company will endeavour to accommodate any additional Guests notified after the date of the Booking (subject to availability and clause 4.2 below).
2.5 All Bookings are subject to availability. Once a provisional Booking is made, the Company will send out the details of the provisional Booking along with the relevant terms for acceptance within 7 days. To accept the Booking, you can confirm acceptance in writing (e.g. email), by telephone, by signing a copy of the details, by instructing us to proceed with preparations for the Facilities on the Race Day or by payment of the Deposit. Your acceptance creates a contract and the Customer and Company are bound by its terms subject to clause 2.6 below. Occasionally, instead of using a contract format document, we may provide the terms in an email format for your acceptance. After acceptance, we may reissue the details in a proper contract format for record keeping purposes; such reissue shall in no way change or affect the contract between us.
2.6 The Company has the right to refuse any Booking prior to the receipt of your acceptance pursuant to clause 2.5. Where there is a contract pursuant to clause 2.5, the Company is entitled to cancel the contract (and the Booking) unless and until the Company receives the Deposit or entire payment (as required in the Booking details) in full and cleared funds. If we refuse a Booking, we will tell you in writing and promptly refund any money you may have already paid to us in respect of the Booking. In the event of cancellation under this clause 2.6, we shall not have any further liability towards you or any third party.
2.7 If the Customer is not an individual:-
2.7.1 the representative making the Booking represents and warrants that they are duly authorised to make the Booking on behalf of the Customer and to agree to the terms of this Agreement (and will produce reasonable evidence of their authority if requested); and
2.7.2 the representative making the Booking represents and warrants that by agreeing to the terms of this Agreement, the terms are binding on the Customer (and if the Customer is not an incorporated entity – that the terms are binding on each trustee, member or partner, as appropriate, jointly and severally).
3. PAYMENT
3.1 Unless otherwise agreed in writing, the Customer shall pay (without retention or set-off) the full Fee and any additional amounts required (and any separate invoice issued) together with any VAT due thereon, 30 days from the invoice date or 14 days prior to the Service Date (whichever is earlier).
3.2 If the Service Date is within 30 days of the date of the Booking, the Customer shall pay (without retention or set-off) the full Fee and any additional amounts required, together with any VAT due thereon, at the time of the Booking.
3.3 Time for payment shall be of the essence. No payment shall be deemed received until the Company has received the full Fee in cleared funds.
3.4 Verbal quotations are indicative only and do not carry any contractual force.
3.5 If we do not receive full payment in accordance with the above timescales, the Company reserves the right to refuse to supply the Services (including access to the Facility) and/or to cancel or suspend this Agreement without prejudice to any of its other rights, whether or not contained in these Conditions. In addition, the Company shall be entitled to claim interest and compensation for debt recovery costs under all applicable United Kingdom late payment legislation; and any charges and legal and other costs that the Company incurs in pursuing or enforcing any legal or debt recovery action.
3.6 Admission Badges will not be issued until payment of the Fee has been made in full in cleared funds.
4. CANCELLATIONS AND REARRANGEMENT OF SERVICES
4.1 Service Dates (including, without limitation, Race Days) may be subject to change from time to time for reasons beyond the Company’s control (including, without limitation, television scheduling and postponement due to adverse weather conditions).
4.2 In the event that there is a change to the Service Date pursuant to clause 4.1, the Company shall notify you of such change as soon as reasonably practicable. If you do not wish to continue with the Services on any rescheduled date offered to you by the Company (if such rescheduling is possible), you must advise the Company immediately and in such circumstances, any Fee received from you in respect of the cancelled part of the Services will be refunded.
4.3 Occasionally, we may have to make changes to the nature of the Services and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date.
4.4 If we propose to make a major change to the Services, we will inform you as soon as reasonably possible and in any event prior to the relevant Service Date. You will have the choice of either accepting the change to the Services, or cancelling your booking and receiving a full refund of all monies paid (please see clause 6 and 7 of our standard Terms and Conditions).
4.5 In the event of abandonment of a Race Day, there will be no refund or price reduction in respect of the Services save where either a) the abandonment prevents the Customer and Guests from safely enjoying the Services or b) the Race Day is stated to be included as part of the Services in this Agreement or c) the Company agrees otherwise.
4.6 If you cancel your Booking for any reason after acceptance of the Agreement pursuant to clause 2, such cancellation must be notified to us in writing. On receipt of the cancellation notice the Company shall be entitled to withhold a percentage of the Fee or invoice an amount (as applicable) as a cancellation charge, as set out below:
Period of notice given before Service Date Cancellation charge (percentage of fee)
No refundable administration fee 10%
170 – 150 days 20%
149 – 120 days 40%
119 – 90 days 60%
89 – 60 days 80%
59 days of less 100%
5. GUESTS AND WARRANTIES
5.1 The number of Guests attending must be notified at least 30 days before the Service Date, subject to the provisions of clause 3.2 in which case the number must be confirmed at the time of the Booking. The Fee will be calculated on the basis of the notified number of Guests.
5.2 Where the actual number of Guests that attend on the Service Date is higher than the number confirmed, the Fee will be re-calculated by the Company and a further invoice will be issued following the provision of the Services. Such invoice shall be immediately payable. Should the actual number of Guests fall below any minimum number stated in this Agreement (or otherwise agreed in writing), the Fee shall reflect the quoted minimum number.
5.3 The Customer is responsible and liable for the conduct of all Guests and warrants and undertakes that the Customer and each of the Guests shall at all times conduct themselves in an orderly fashion and observe and abide by the requirements of this Agreement and the requirements set out in the racecourse regulations.
5.4 In particular, the Customer shall ensure Guests:
5.4.1 refrain from anti-social behaviour;
5.4.2 refrain from carrying out any acts that are or are likely to be prejudicial to the interests of the Company (including prejudicial to any licence held by the Company);
5.4.3 not cause any nuisance or annoyance to any other person whatsoever, nor cause any obstruction to the access or egress at the Racecourse and/or the Facility;
5.4.4 not damage the Facility or Racecourse, (as applicable), nor litter or leave waste, but keep it in a clean and tidy condition, at all times to the Company’s satisfaction;
5.4.5 not bring into the Facility or Racecourse any dangerous or illegal substances;
5.4.6 not install make additions to or affix any item, nor tamper with any existing fixtures or fittings in the Facility or Racecourse; and
5.4.7 comply with the instructions of the Company and/or its officers, employees or agents.
5.5 In addition to its rights of ejection set out in clause 10 of the standard Terms and Conditions, the Company reserves the right to cancel this Agreement without refund or liability at any time if it has reasonable grounds for believing that you and/or your Guests have or are likely to fail to comply with the requirements of this clause 5.
6. FACILITY
6.1 Subject to the terms of this Agreement, access to the Racecourse and the Facility will be permitted for the enjoyment of the Services during such hours on the Services Date as are set out in this Agreement.
6.2 The Customer and Guests shall not be entitled to access the Racecourse or the Facility without the Admission Badges and/or upon complying with such other checks on admission as the Company may require from time to time.
6.3 This Agreement does not grant any exclusive possession of any part of the Racecourse or the Facility nor does it create any relationship of landlord or tenant. The Customer is not entitled by virtue of the receipt of the Services to any charge or interest over any property in or associated with the Facility or the Racecourse.
6.4 The Customer and Guests may only use the Facility for the purposes of the receipt of the Services during the Service Date and shall not use the Facility for any purpose which the Company does not specifically authorise or considers (in its sole discretion) illegal, immoral, inappropriate or dangerous.
6.5 The Customer and their Guests shall further refrain from:
6.5.1 using the Facility or any part of the Racecourse to sell any product or service without the Company’s prior written consent;
6.5.2 carrying out any gambling or betting activities except by the Company approved bookmakers;
6.5.3 using the Facility, Racecourse or anything included in the Booking as a prize for a competition or promotion (without prior written consent and subject to any the Company rules regarding public declarations of such activity), for advertising or other promotion; or
6.5.4 displaying signage or other advertising material without prior written consent of the Company.
6.6 The Company and its employees, agents or contractors reserve the right at any time to enter the Facility for any purpose, including (but not limited to) checking the Customer and Guests are complying with this Agreement and to carry out any emergency repairs to the Facility or adjoining areas.
6.7 The Customer and their Guests shall not sell or offer to sell the Facility (or access to it), any Admission Badge, any car park ticket or any other item or benefit provided pursuant to the Booking.
6.8 After the provision of the Services, the Customer and their Guests shall use all reasonable endeavours (at the Customer’s expense) to leave the Facility in the same condition it was found at the start of the Service Dates and remove all Customer items. No Company-owned items (including Equipment, see clause 7 below) shall be removed from the Facility or the Racecourse by the Customer or their Guests. Any items left by the Customer after the Service Date shall be deemed abandoned and may be disposed of by the Company in its absolute discretion. The costs of such disposal shall be borne by the Customer.
6.9 The Company reserves the right, in its sole discretion, to refuse admission to you, any Guests and/or any other individual(s) to the Facilities and/or the Racecourse (as applicable) and/or to evict you, any Guests and/or any other individual(s) from such venues.
7. EQUIPMENT
7.1 You shall only be permitted to use the Company’s Equipment during the provision of the Services where expressly authorised to do so and where Equipment of that nature is required (to be determined at the Company’s sole discretion) and has been confirmed in this Agreement.
7.2 Unless otherwise agreed in writing by the Company, the Fee shall include the cost of hiring and using the Equipment on the Service Date specified in this Agreement.
7.3 The Equipment is and shall remain at all times the property of the Company or its relevant third party supplier and you shall have no right, title or interest to the Equipment.
7.4 It is your responsibility to ensure that the Equipment requested is suitable and adequate in all aspects for the purpose for which it is hired and to ensure that the Equipment is at all times used in a reasonable and proper manner and in accordance with any instructions given to you by the Company.
7.5 You will not alter or damage nor attempt to repair or otherwise tamper with the Equipment or request that a third party do so without the Company’s prior written consent and will not at any time remove the Equipment from the Facility or the Racecourse.
8. CATERING
8.1 If the Services include catering services, you are required to order food and drink for each Guest at least 7 days in advance of the agreed Service Date from the Company’s range of food and drinks packages. All items are subject to availability and in the event of a certain item being unavailable, the closest available alternative will be offered.
8.2 Unless stated otherwise in this Agreement, all food and drinks will be charged in addition to the Fees, and full payment is required to be made when placing the food and drink order.
8.3 Items required in addition to the food and drinks packages are available on request either in advance or on the Service Date (subject to availability) and will be charged in addition to the Fee. All additional items ordered on the Service Date must be paid for by cash or credit/debit card before the end of the Service Date and must be signed for by the Customer or an authorised representative of the Customer (such representative to have been notified to us prior to the Service Date if not the original representative who made the Booking).
8.4 No food or alcohol may be brought into the Facility and/or the Racecourse (as applicable) by you or your Guests.
8.5 No heating, cooking or similar equipment is permitted in the Facility except the equipment provided by the Company’s caterer.
8.6 Alcohol may only be consumed in areas designated by the Company and the Company is not obliged to sell alcohol if prevented from doing so by law. No alcohol shall be consumed in contravention of the Racecourse regulations, this Agreement or the law.
9. LIABILITY
9.1 The provisions of clause 15 of the standard Terms and Conditions regarding limitation of our liability apply, save that our maximum liability as stated in clause 15.3 shall instead be limited to an amount equal to the total Fee paid by the Customer, as set out in this Agreement.
9.2 Further to clause 9.1, and for the avoidance of doubt, we will not be liable for any injury, loss or damage where such injury, loss or damage is due to:
9.2.1 the acts or omissions of you or your Guests; or
9.2.2 a third party unconnected with this Agreement.
9.3 The Customer shall indemnify and hold the Company and its officers, employees and agents harmless in respect of:
9.3.1 any breach by the Customer and/or your Guests of any of your warranties, undertakings and/or obligations under this Agreement;
9.3.2 any costs incurred by the Company arising from enforcement of this Agreement;
9.3.3 the costs of repair or replacement in respect of any damage (beyond fair wear and tear) caused by you and/or your Guests to the Facility and/or the Racecourse (or any fixtures, fittings or equipment contained therein, including the Equipment); and
9.3.4 any liability incurred by the Company due to any personal injury or damage to property caused by you and/or your Guests to any third party while at the Facility and/or the Racecourse.
9.4 Where the Customer is not an individual consumer, the Customer warrants that they have suitable public liability insurance to cover its liabilities pursuant to this clause 9 and shall provide evidence of the same upon request.
9.5 The owners of vehicles that use roads and car parks located at the Racecourse do so entirely at their own risk.
10. TERMINATION
10.1 This Agreement may be terminated immediately upon written notice by the Company without liability if:
10.1.1 there is any default in payment of the Fee in accordance with clause 3;
10.1.2 you or your Guests fail to observe or perform any of the warranties, undertakings and/or obligations set out in this Agreement;
10.1.3 you or your Guests behave unacceptably; or
10.1.4 you are unable to pay debts as and when they fall due, an order is made or resolution passed for you to be declared bankrupt or be wound up (as appropriate), or if an administrator, receiver or manager or administrative receiver shall be appointed over the whole or any part of your undertakings or assets, you make an assignment for the benefit of or composition with your creditors generally or if you cease to carry on business.
10.2 Any obligations of the Customer accruing prior to the early termination of this Agreement or completion of the Services shall survive such termination or expiry.
11. FORCE MAJEURE
11.1 The Company shall not be deemed to be in breach of this Agreement or otherwise liable as a result of any delay or failure in the performance of its obligations under this Agreement if such a delay or failure is caused by an event of Force Majeure.
11.2 For the purposes of this clause 11, ‘Force Majeure’ means any situation or event beyond the reasonable control of the Company including (but not limited to) an act of god, war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, outbreak of disease or imposition of quarantine, epidemics or health risks, changes in any law or governmental order rule or direction, rules or instructions of any regulatory body (including (without limitation) the British Horse Racing Authority), changes imposed by re-scheduling or cancellation of transport, the alteration of transport, transport schedule or transport types and adverse weather conditions (actual or threatened).
12. CONFIDENTIAL INFORMATION AND PERSONAL DATA
12.1 The Company shall not disclose to any third-party the identity of any customer, its employees or the names of any Guests without the consent of the Customer, except the Company may disclose such information.
12.2 You acknowledge that in completing the Booking you may provide the Company with certain personal details about yourself ("Personal Data"). Please see clause 9 of our standard Terms and Conditions regarding data protection.
13. GENERAL
13.1 If admission tickets and/or Admission Badges are issued, it is your and your Guest’s responsibility to safeguard these. Any tickets or Admission Badges lost, destroyed or stolen will not be reissued nor refunds given by the Company.
13.2 All notices to be given under the Agreement must be given in writing. Notices that you are required to give under the Agreement must be addressed to the Company and sent to the Company’s postal address or by email to hospitality@chester-races.com.
13.3 Failure by the Company to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right or of any other right on any occasion. No waiver or variation regarding any rule, term, condition or otherwise will be effective unless the waiver is given in writing by the Company.
13.4 The Company reserves the right to transfer the undertaking of the Racecourse and to assign the benefit of this Agreement in connection with any such transfer and / or to amalgamate with another undertaking and by entering into this Agreement you consent to the same.
13.5 This Agreement is personal to the Customer. The Customer shall not co-license, sub-license, sell, assign, pledge or otherwise transfer their rights under this Agreement, without the prior written consent of the Company.
13.6 The Company reserves the right to amend the terms of this Agreement at its sole discretion from time to time upon not less than 14 days’ notice to you.
13.7 To the fullest extent permissible in law, no one other than a party to this Agreement shall have any right to enforce any of its terms (including, without limitation, Guests or by virtue of the Contracts (Rights of Third Parties) Act 1999).
13.8 The Customer acknowledges and agrees that:
13.8.1 this Agreement together with any documents referred to in it constitutes the entire agreement and understanding between you and the Company and supersedes any previous agreement relating to the subject matter of this Agreement (which shall be deemed to have been terminated by mutual consent); and
13.8.2 in entering into this Agreement the Customer has not relied on any pre-contractual statement
13.9 The Customer shall not disclose any of the terms of this Agreement or any other confidential information communicated to the Customer by the Company.
13.10 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable and will not affect any other provision.
13.11 This Agreement is governed and construed in accordance with the law of England and the English and Welsh Courts shall have exclusive jurisdiction in the event of any dispute other than where stated in the standard Terms and Conditions.
Chester Race Company Ltd operates a strict dress code, please ensure you advise your guests. For details, please see our standard Terms and Conditions and our website.
This Agreement incorporates the Company’s standard Terms and Conditions, which can be located on our website at www.chester-races.com. This Agreement shall govern the provision of the Services to the Customer by or on behalf of the Company to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by the Company.
Please read through this Agreement and check the Booking details. If you have not already done so in line with clause 2.5, please confirm your acceptance of this Agreement within 7 days, e.g., by signing below. Chester Race Company may cancel your Booking if you have not paid the Deposit or other stated amount (where required). For any queries relating to this Agreement or the Services, please contact the hospitality sales team on 01244 304631.