Terms & Conditions

1 BASIS OF CONTRACT

1.1 These Terms and conditions as amended from time to time (the Terms) and the form attached herewith (the Booking Form) shall constitute a legally binding contract between NHS Confederation (Services) Company Limited (trading as Horizon Leeds) and the organisation or person or persons, named on the Booking Form (the Hirer each a Party and together the Parties) when the Booking Form has been received as complete by Horizon Leeds and confirmation of the booking has been provided to the Hirer in writing by Horizon Leeds. It is the Hirer’s responsibility to ensure the details provided to Horizon Leeds on the Booking Form are correct and accurate.

1.2 These Terms apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.3 The Contract is the entire contract between the Parties. The Hirer acknowledges that it has not relied on any statement promise or representation (excluding fraudulent representations) whether contained in a brochure, leaflet or any other written material or otherwise made or given by or on behalf of Horizon Leeds which is not set out in the Contract.

1.4 References to clauses are to clauses of these Terms and references to sub-clauses are, unless otherwise stated, references to sub-clauses of the clause in which the reference appears.

1.5 The headings are inserted for convenience only and shall not affect the interpretation of this Contract.

1.6 For the avoidance of doubt, ‘in writing’ shall be interpreted to include email communication.

2 PAYMENT

2.1 Upon confirmation of the Booking:

2.1.1 the Hirer shall pay in full the charges to Horizon Leeds as set out on the Booking Form under “Event Details” and the “Cost Summary”. For the avoidance of doubt, notwithstanding the terms of this clause 2.1 clause 3 shall apply to all bookings;

2.1.2 the charge for any catering requirements agreed with the Hirer and set out on the Booking Form shall be based on the minimum number of Attendees agreed between the Hirer and Horizon Leeds for the Event as shown on the Booking form;

2.1.3 being sent to the Hirer by Horizon Leeds, the Hirer shall pay the Charges, 20 Working Days before the date of the Event (Event Date) unless the booking is confirmed fewer than 14 days prior to the Event Date, in which case payment must be made in full on the day the booking is confirmed;

2.1.4 any additional charges payable due to changes to the Booking must be paid for in advance of the Event Date; and

2.1.5 any additional requirements requested either on the Event Date or during the Event must be paid for immediately.

2.2 A Hirer shall not be granted access to the Rooms unless the terms of this clause 3 have been complied with where applicable.

3 CANCELLATION CHARGES

3.1 Cancellation of any booking must be communicated to Horizon Leeds in writing. No cancellation shall be deemed to have effect in the absence of written communication.

3.2 If the Hirer cancels a booking, the Hirer shall remain liable to pay Horizon Leeds the following Cancellation Charges:

3.2.1 100% of the Charges if cancellation occurs within 20 Working Days of the Event Date;

3.2.2 75% of the Charges if cancellation occurs within 60 Working Days but more than 20 Working Days of the Event; or

3.2.3 50% of the Charges if cancellation occurs within 90 Working Days but more than 60 Working days of the Event.

3.3 If the Hirer has already paid sums to Horizon Leeds by way of payment towards the Charges, either in the form of a deposit or otherwise, these sums shall be deducted from the amounts payable under sub-clause 3.2.

3.4 If the booking is cancelled in advance of 90 Working Days prior to the Event Date any deposit paid shall be repaid to the Hirer.

3.5 Cancellation charges must be paid within 30 days of the receipt of an invoice and where required by law shall be subject to VAT which shall be payable by the Hirer.

3.6 For the avoidance of doubt, in the event that the Hirer commits a material breach of this Contract leading to cancellation of the Event, or the Contract is cancelled in accordance with clause 11.2,the cancellation charges set out in this clause 3 shall apply without prejudice to any other rights or remedies which may be available to Horizon Leeds.

3.7 If a Hirer cancels a confirmed booking, the cancellation charges referred to in this Clause 3 will apply.

4 CLEARING AWAY TIMEFRAMES AND OVERRUN CHARGES

4.1 All set up and clearing away of stands, equipment and other materials whatsoever must be carried out during the relevant session periods (Morning: 0800 – 1200, Afternoon: 1300 – 1700 and Evening: 1800 – 2200).

4.2 Extensions to these times may be permitted by prior agreement in writing and will be subject to additional charges, unless otherwise agreed in writing by Horizon Leeds.

4.3 If the Hirer or any of its Attendees fails to vacate the Rooms at the end of the duration of the Event as set out on the Booking Form (the Hire Period), as a minimum the Hirer will be charged and shall pay for an additional full session of hire in respect of the Rooms into which the session of hire has overrun and in addition (but without prejudice to the generality of clause 11.1), to the extent not covered by such additional charge the Hirer shall indemnify Horizon Leeds against any sums that Horizon Leeds pays, or any discounts Horizon Leeds allows, to any subsequent Hirer whose hire period has been disrupted by virtue of any such overrun, irrespective of whether or not Horizon Leeds has a legal obligation to make such payment or allow any such discount.

5 FACILITIES AND EQUIPMENT

5.1 Horizon Leeds may provide other equipment upon request and hire charges for such equipment shall be as communicated by Horizon Leeds to the Hirer.

5.2 Equipment (whether audio visual or otherwise) may be brought onto the Property only at the Hirer’s risk and only with the prior written permission of Horizon Leeds, such permission to be given at the absolute discretion of Horizon Leeds. When requesting such permission the Hirer must provide evidence that all equipment being brought on to the Property has been checked to ensure that it is safe for the intended purpose in accordance with current Institution of Electrical Engineers Regulations or other relevant statute or regulations as amended from time to time.

5.3 The Hirer shall be responsible for and ensure that any equipment supplied by Horizon Leeds or brought onto the Property by the Hirer shall only be used by competent operators safely and without risk to health and shall not be used for any purpose other than that for which it is designed or is reasonably practicable.

5.4 The Hirer shall be responsible for (and shall indemnify Horizon Leeds against) any liabilities, claims, losses, damages, costs or expenses arising out of:

5.4.1 the use of any equipment brought onto the Property by or at the direction of the Hirer or any of its Attendees or the use of any such equipment in breach of Clause 5.3; or

5.4.2 the use of, loss of or damage to any equipment hired by the Hirer or any of its Attendees from Horizon Leeds (save to the extent resulting from the negligence of Horizon Leeds) or the use of any such equipment in breach of Clause 5.3.

5.5 Horizon Leeds reserves the right to dispose of the Hirer’s or any of its Attendees’ belongings brought onto the Property in connection with the Event after the expiry of 24 hours following the end of the Event without liability for Horizon Leeds to any person, authority or organisation.

6 PERMITTED USES

6.1 Provided the maximum legal capacity of the Rooms are not exceeded, the Rooms may be used by the Hirer during the Event in the agreed layout for meetings, seminars, conferences, exhibitions, lectures, and banqueting. The Rooms may not be used for any other purpose without the prior written consent of Horizon Leeds. For the avoidance of doubt, it is the Hirer’s responsibility to check the maximum legal capacity of the Rooms with Horizon Leeds.

6.2 The Hirer acknowledges that use of the Property may be subject to the terms of a Premises Licence, a summary of the terms shall be provided to the Hirer where applicable. The Hirer shall comply (and shall procure that its Attendees shall comply with all relevant provisions of the Premises Licence applicable to the Property and, notwithstanding whether or not a Premises Licences is applicable to the booking, the general law, bye-laws and statutory regulations and orders applicable to the Property.

6.3 Horizon Leeds retains the right of access to the Rooms during the Event but shall not unreasonably interfere with the Event’s proceedings if they are in accordance with this Contract.

7 ADVERTISING, PUBLICITY AND PHOTOGRAPHY

7.1 Display material must not be attached to the fabric of the Property except where facilities exist for this purpose and with the consent of Horizon Leeds. Horizon Leeds reserves the right to remove any such display material.

7.2 The hire of Rooms does not give the Hirer the right to assume, claim or imply sponsorship by or any partnership or agency with Horizon Leeds or create any liabilities for Horizon Leeds and shall indemnify Horizon Leeds against any loss or liability for any breach of this provision.

7.3 No part of any brochure, website, publicity material, or any other published material of Horizon Leeds may be reproduced without the prior written permission of Horizon Leeds. Unauthorised reproduction will be a breach of copyright.

7.4 From time to time, we may ask hirers to take photographs of the event for the purpose of promoting Horizon Conference facilities on our website, marketing material and social media.  We will talk to you beforehand to gain consent and images will be stored in accordance with our privacy statement.

8 CATERING

8.1 All catering shall be provided by Horizon Leeds, either in house or through the event caterer appointed by Horizon Leeds. The Hirer and its Attendees may not bring food or beverages into the Venue.

8.2 Attendees numbers and menu selection for catering purposes shall be supplied by the Hirer at least 5 Working Days excluding Saturday, Sunday and bank holidays) prior to the Event Date and such numbers and the selected menu will be the confirmed and final details for the billing purposes.

8.3 If no menu is selected before 5 Working Days prior to the Event then Horizon Leeds shall have the full authority and discretion to provide a selected menu of its own choice.

8.4 Provision of menus agreed in advance may not be guaranteed if the number of Attendees is amended less than 5 Working Days prior to the Event Date.

9 SAFETY, SECURITY AND CONSIDERATION FOR NEIGHBOURS

9.1 Fire instructions including fire escape routes are displayed in the reception area, the refreshment area and inside all meeting rooms. Fire exits and routes must not be obstructed by the Hirer or any of the Attendees to the Event.

9.2 The Hirer shall report immediately to Horizon Leeds any incident (whether damage to persons or property, involving the police or otherwise, or any other difficulty, problem or trouble) occurring at the Venue.

9.3 The Hirer shall ensure that the maximum legal capacity of the Rooms as notified to the Hirer by Horizon Leeds is not exceeded. If this should happen or appear likely to happen, Attendees will be refused admission or required to leave by Horizon Leeds without Horizon Leeds incurring any liability to refund the Charges or any part thereof to the Hirer.

9.4 The Hirer shall ensure that all Attendees comply forthwith with the reasonable instructions of Horizon Leeds.

10 LIMITATION OF LIABILITY

10.1 The Hirer’s occupation of the Rooms and any other part of the Venue pursuant to the terms of this Contract is entirely at its own risk.

10.2 Subject to 10.6, and save for any liability accepted under Clause 10.3, Horizon Leeds shall not in any circumstances be liable for any loss or for any liability of the Hirer to any of the Attendees or other persons affected by the hiring under this Contract or any suffering or loss as a consequence.

10.3 Subject to the following sub-clauses of this Clause 10, the aggregate liability of Horizon Leeds for claims under this Contract against Horizon Leeds shall not exceed the total value of the Charges however that liability arises including (without limitation) breach of contract, tort, misrepresentation, negligence, breach of warranty or breach of statutory duty to the Hirer, any of the Attendees or any other persons affected by the hiring.

10.4 Horizon Leeds will not under any circumstances accept responsibility for or liability in respect of damage to or loss of any goods or articles of any kind brought into or left at the Property either by the Hirer for its own purposes or by any other person or left or deposited with any officer or employee of Horizon Leeds.

10.5 Horizon Leeds gives no warranty that the Property is legally or physically fit for any specific purpose.

10.6 Nothing in this Contract shall operate to exclude or restrict the liability of either Party for death or personal injury due to negligence, fraudulent misrepresentation or anything else for which it would be unlawful for the Parties to exclude (or attempt to exclude) or restrict liability.

10.7 If the Hirer is dealing as a consumer, nothing in this Contract shall be construed as adversely affecting the Hirer’s statutory rights.

10.8 Horizon Leeds shall not be liable to the Hirer for any loss of (a) profit, (b) production, (c) anticipated savings, (d) goodwill or business opportunities or (e) any type of indirect, economic or consequential loss even if that loss or damage was reasonably foreseeable or any such party was aware of the possibility of the loss or damage arising.

10.9 If Horizon Leeds, for reasons beyond its control, needs to make any amendment to the Hirer’s booking (whether as to date, time, rooms hired or otherwise) or to cancel it, Horizon Leeds may do so without any liability to the Hirer or any other person, but will endeavour to offer the Hirer alternative facilities and/or times.

10.10 Any circumstances beyond Horizon Leeds’ control affecting the Hirer or any Attendees which render the Hirer or any Attendees unable to proceed with or attend the Event shall not entitle the Hirer or any such Attendee to any refund of charges under this Contract.

10.11 The Hirer acknowledges that though Horizon Leeds may have recommended third party suppliers to the Hirer for the purposes of providing goods or services at or in connection with the Event, Horizon Leeds shall have no liability to the Hirer or any other person in respect of the acts or omissions of such third parties or their staff irrespective of whether or not Horizon Leeds receives a commission or other payment arising out of such recommendation.

11 LIABILITY

11.1 The Hirer shall indemnify Horizon Leeds against all liabilities, claims, losses, damages, costs or expenses whatsoever, including without prejudice to the generality of the foregoing, theft, damage to property arising out of the acts or omissions of the Hirer, the Attendees or any other persons attending the Event and, subject to Clause 10.6, personal injury and death.

11.2 The Hirer shall insure to Horizon Leeds’ reasonable satisfaction against the risks and liability under or referred to in Clauses 5.3, 5.4, 7.2 10 and 11.1. The Hirer shall provide to Horizon Leeds on request proof that such insurance is in place to cover the said liabilities. If such proof is not provided to Horizon Leeds before the Event Date, Horizon Leeds at its absolute discretion may terminate the Contract. The Hirer shall not have recourse to Horizon Leeds in respect of any liabilities, claims, losses, damages, costs or expenses that the Hirer or any other person may have incurred as a result of any such cancellation by Horizon Leeds.

12 GENERAL CONDITIONS

12.1 No tenancy: The Hirer acknowledges that this Contract only creates a personal licence and consent to occupy rooms at the Property during the Event. There is no intention on the part of Horizon Leeds or the Hirer to create a tenancy or to give the Hirer or any other person any interest in the Rooms or any other part of the Property or to confer exclusive possession of the Rooms or any other part of the Property upon the Hirer or any other person.

12.2 Assignment: Neither this Contract nor any rights or obligations under it may be assigned or otherwise disposed of by the Hirer without the prior written consent of Horizon Leeds.

12.3 Variation: These Terms shall apply notwithstanding any other terms proposed by the Hirer and may only be varied by written agreement between the Hirer, and Horizon Leeds.

12.4 Termination: Horizon Leeds may terminate this Contract forthwith where the Hirer is in material breach of it or (if the Hirer is a body corporate) shall be or become unable to pay its debts within the meaning in Section 123 of the insolvency Act 1986 or shall go into receivership, administration or liquidation or (if the Hirer is an individual) shall become bankrupt or enter into an individual voluntary arrangement or otherwise shall be or become unable to pay his debts.

12.5 No third party rights: Other than Horizon Leeds and the Hirer, no person is intended to benefit from or to have any rights under this Contract or in connection with it, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13 GOVERNING LAW:

This Contract shall be governed by and construed in all respects in accordance with English law and the parties hereto submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or connected with this Contract.