Terms and Conditions
1. The Agreement
The Agreement, which consists of the Booking Form and these Terms and Conditions, does not include any other oral or written promises, terms or conditions. Any amendment or change to the Agreement shall have no effect unless agreed upon in a writing that refers specifically to the Agreement and is executed by duly authorised representatives of both parties.
Each Agreement returned signed by the Client shall be an offer by the Client to purchase Event facilities and services and shall only become a binding Agreement when countersigned by Dragon Park Ltd.
2. Confirmations and Guest Numbers
The final details of the Event (such as final timings, menus and special requests) must be confirmed at least ten Working Days before the Event. The Client must inform Dragon Park Ltd of the Final Number at least three Working Days before the Event. This Final Number will override the Likely Number specified but will not affect the Minimum Number/Spend.
The Client shall provide Dragon Park Ltd with details of the nature and agenda of the Event, names of guests and relevant third parties, upon request.
3.1 Price. The price for the Event shall be calculated as stated on the Booking Form and is exclusive of VAT. The Client guarantees the Minimum Spend or the Minimum Number will attend the Event (as applicable) and Dragon Park Ltd has calculated its charges on this basis. The amount payable by the Client will therefore be calculated according to the highest of (a) the Minimum Number/Spend (b) the Final Number or (c) the number who actually attend the Event.
3.2 Payment. All accounts incurred will be invoiced if credit is approved by Dragon Park Ltd in its sole and absolute discretion. If credit is not approved, Client will be required to pay the entire cost of the Event at the time of booking. Payment is due for all credit accounts on presentation of invoice. Any queries will not delay immediate payment of the outstanding balance. No allowance or refund can be made for meals and other elements not taken within the agreed package rate. Payment must be made in Pounds Sterling (UK) payable to Parc Y Ddraig by cheque, BACS, bankers draft.
3.3 Deposits. The Client must pay Dragon Park Ltd the deposit payment(s) specified in the Booking Form. If the Client fails to pay any such deposit within seven days after its due date, then Dragon Park ltd may (in its sole and absolute discretion) treat the Event as having been cancelled by the Client and, in Dragon Park Ltd’s sole and absolute discretion:
3.3.1 may set off any cancellation fees which become payable against the deposit; and
3.3.2 if the deposit held by Dragon Park Ltd is greater than the amount of any cancellation fees payable, then the balance shall be refundable to the Client.
3.4 Extras. The Client agrees to pay for any food and beverages or other goods and/or services not provided for in the Agreement or otherwise in correspondence but made available upon request of the Client on the day of the Event.
3.5 Price Variations. In the event of circumstances beyond Dragon Park Ltd’s control (including, but not limited to, increases in the standard rate of VAT), Dragon Park Ltd reserves the right to vary the prices specified in the Agreement to an extent that reflects such circumstances.
3.6 Invoice Disputes. If the Client has a bona fide dispute in respect of the whole or part of an invoice, it shall notify Dragon Park Ltd immediately on receipt of invoice. Any invoice not disputed in accordance with this clause will be deemed to have been accepted by the Client. The parties shall co-operate in good faith to resolve the dispute over any invoice as amicably and promptly as possible and on settlement of any dispute the Client shall make the appropriate payment.
4. Cancellation by Client
4.1 If the Client wishes to cancel an Event, the Client must provide Dragon Park Ltd with a written notice of cancellation. Cancellation shall be effective, final and binding on the Cancellation Date. Any notice of cancellation received out of the hours of 9.00am and 5.00pm shall be deemed to be made on the next Working Day. Any postponement of any Event shall be considered as a cancellation under this Clause 4.
4.2 If the Client cancels a Booking, Dragon Park Ltd will charge a cancellation fee. This cancellation fee shall be a percentage of the charges payable in respect of the Minimum Number/Spend (and, if any separate charge is payable in respect of room hire, of such room hire charge), according to the Cancellation Notice as set out below. If the Event is cancelled less than 3 Working Days before the Event, Dragon Park Ltd is entitled to charge according to the Final Number, if higher than the Minimum Number/Spend.
|Over 133 days
|90 days-30 days
|29 days-8 days
|7 days or less
4.3 The cancellation fees payable under this Clause 4 are a genuine pre-estimate of the loss Dragon Park Ltd will incur arising out of a cancellation. The actual losses incurred by Dragon Park Ltd may be greater or less than these cancellation fees.
4.4 In addition to the cancellation fees due under Conditions 4.2 or 4.3, the Client must reimburse Dragon Park Ltd (on an indemnity basis) for any expenditure incurred in respect of any cancelled Event including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event.
4.5 Dragon Park Ltd may invoice the Client for any cancellation fees payable at any time after the cancellation. The Client shall pay such invoice on presentation of invoice.
5. Cancellation by Dragon Park Ltd
5.1 Dragon Park Ltd may cancel the Booking if:
5.1.1 in its opinion the facilities booked or any part of them are or will be unfit for use;
5.1.2 the booking might prejudice the reputation of Dragon Park Ltd;
5.1.3 Dragon Park Ltd becomes aware of any deterioration in the Client’s financial situation such that Dragon Park Ltd reasonably considers the Client may not be able to fulfil its material obligations under the Agreement; or
5.1.4 the Client fails to pay any sum when due.
5.2 Dragon Park Ltd may charge the cancellation fees provided in Clause 4 in the event of any cancellation under this Clause 5.
5.3 Dragon Park Ltd reserves the right to cancel any booking giving a minimum of 28 days notice.
The Client shall be responsible for the administration, organisation and running of the activity or event for which the facilities are hired, including the supervision and control of any vehicles, spectators, competitors and officials.
The Client must ensure that the facilities are only used for the activity or event for which they are booked (“the Activity or Event”) and that no part of Dragon Park is used for any unlawful purpose or in any unlawful way by the Client or anyone permitted by the Client to use the facilities.
The Client must ensure that all participants in the Activity or Event are wearing clothing and footwear that is suitable for the Activity or Event at all times.
9. Fitness of Equipment
9.1 The Client must immediately notify a member of staff at Dragon Park if any of the equipment provided by Dragon Park is not working properly or is not fit for use.
9.2 The Client will ensure that all participants in the Activity or Event are using equipment that is in proper working order and fit for use, whether provided by Dragon Park Ltd or otherwise, and will immediately stop participants from using any equipment that becomes damaged or defective during the course of the booking.
10. Liability of Dragon Park Ltd
10.1 This Clause 10 sets out Dragon Park Ltd’s entire liability in respect of any breach of these Conditions or the Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
10.2 Dragon Park Ltd shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect loss however arising.
10.3 In no event will Dragon Park Ltd’s liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event.
10.4 Dragon Park Ltd shall not be liable for any breach of the Terms and Conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) war, terrorism, acts of God, fire, floods, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority.
10.5 Nothing in these Conditions shall exclude or restrict either party’s liability in respect of death or personal injury resulting from its negligence, or for fraudulent misrepresentation.
11. Damage to Property
The Client is to take good care of and not to cause any damage to be done to any part of Dragon Park or to any fittings equipment or other property in Dragon Park and the Client agrees to make good and pay for any such damage caused by an act or neglect of the Client or anyone permitted by the Client to use the facilities.
12. Expiration of Each Session of the Booking
12.1 At the expiration of each session of the booking the Client will ensure that the facilities, including any changing rooms and toilets used by the Client or anyone permitted by the Client to use the facilities, are left in a clean and orderly state and free of litter. Nothing in this clause will require the Client to put the facilities in to a better condition than they were in at the commencement of each session.
12.2 At the expiration of each session of the booking the Client must remove all equipment previously brought in by or on behalf of the Client or anyone permitted by the Client to use the facilities.
The Client must not smoke or consume alcohol or controlled drugs in any part of Dragon Park or permit any other person to do so.
The Client must not hold or permit any raffle, prize draw, game of chance or sale of goods in any part of Dragon Park without prior approval.
15. Food and Drink
The Client must not permit Food and drink to be taken into or consumed on the premises.
16. Broadcasting, Filming and Photography
The Client must not use or permit broadcasting (sound and TV), photography or film equipment to be used in or on any part of the Dragon Park site without the prior written consent of Dragon Park Ltd.
In the use of Dragon Park the Client is not to infringe any copyright or allow any copyright to be infringed.
18. Posters and Advertising Materials
18.1 All correspondence, posters, and any other advertising material produced by or on behalf of the Client must refer to the venue as Dragon Park.
18.2 All posters and advertising materials displayed by or on behalf of the Client must be in both English and Welsh.
19. Indemnity Provision
Dragon Park Ltd accepts no responsibility for any claims, actions, demands, proceedings or costs arising out of any claims made against the Client by any third party, and the Client shall indemnify Dragon Park Ltd against such claims, which may be brought against Dragon Park Ltd arising out of the use of the hiring of the facilities and the provision of any equipment by Dragon Park Ltd.
20. Public Liability Insurance
The Client is to have in force throughout the duration of this agreement a policy of public liability insurance effected with a reputable insurance company and at the request of Dragon Park Ltd the Client will produce evidence of such policy at any time.
21. Right of Entry
Dragon Park Ltd reserves the right to enter any part of Dragon Park being used by the Client at any time and for any purpose.
22. Refusal of Admission
Dragon Park Ltd reserves the right at its absolute discretion to refuse the admission of or to evict any person from Dragon Park or any part of it.
23. Agreement Personal to Client
The benefit of this agreement is personal to the Client and not assignable or capable of being sub-hired.
24. Statutory Requirements and Regulations
The Client must not do or permit any act, matter or thing which would or might constitute a breach of any statutory requirement affecting Dragon Park or which would or might vitiate in whole or in part any insurance effected in respect of Dragon Park.
25. Breach by the Client
If the Client fails to observe any of these conditions Dragon Park Ltd may:
25.1 Charge to and recover from the Client any expenses incurred by Dragon Park Ltd in remedying any such failure including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate.
25.2 Cancel this booking or any other booking by the Client without incurring any liability to the Client for the return of any fee or otherwise.
26.1 “Booking Form” means the document containing all the Event details.
26.2 “Cancellation Date” means the Working Day on which Dragon Park Ltd receives written notice of cancellation.
26.3 “Cancellation Notice” means the number of clear days (that is not counting the Cancellation Date and the date of the Event) between the Cancellation Date and the date of the Event.
26.4 “Client” means the person, firm or company responsible for commissioning and payment of the Event.
26.5 “Agreement” means the written agreement between Dragon Park Ltd and the Client for a specific booking or series of bookings.
26.6 “Event” means the event or function specified in the Agreement
26.7 “Final Number” means the number of guests confirmed as attending the Event by the Client 3 days before the Event.
26.8 “Likely Number” means the number of guests stated in the Booking Form as likely to attend the Event.
26.9 “Minimum Number” means the lowest number of guests irrespective of the numbers that attend the Event for which payment will be made as set out in the Booking Form.
26.10 “Minimum Spend” means the minimum payment for the Event due from the Client.
26.11 “Working Day” means Monday to Friday excluding bank holidays and other public holidays.