TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION & SERVICES
These Conditions are the standard terms and conditions that apply to the booking of any Hotel room provided by the Company on behalf of the Estate, along with the provision by us of any Services (as defined in clause 1.1. below) offered to and used by Guests. These Conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information which we are required by law to provide to Consumers (as defined in clause 1.1 below). Your attention is particularly drawn to the provisions of clause 10 (Limitation of Liability).
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Conditions, the following expressions have the following meanings: Business means any business, trade, craft or profession carried out by you or any other person/organisation. Conditions means these terms and conditions as amended from time to time in accordance with clause 11.
Company/we/us/our means The Marquis of Cornwallis Limited; a company incorporated in England (with registered number 09281401) whose registered office is at Marquis Suffolk, Upper Street, Layham, IP7 5JZ) and who is the owner of the Estate.
Consumer means an individual Customer or Guest who receives Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business.
Hotel means Marquis Suffolk or Cornwallis House, along with their premises and other type(s) of accommodation of which they are comprised.
Late Cancellation Charge has the meaning given in clause 4.4.
Price List means the Hotel’s standard price list of Rates.The Price List is available on the Hotel’s website, in our brochures and from Hotel reception desks.
Rates means the prices payable by you for the provision by us of room accommodation and (where applicable) other Services.
Regulations means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Services means the provision of accommodation in rooms at the Hotel and all other facilities, services and items offered by us; Estate means The Marquis of Cornwallis (Tel: +44(0)1473 377977).
Guest/you means a customer of the Company who agrees to pay as a paying guest of the Company and also for members of his/her party and any of his/her guests.
1.2 Interpretation
In these Conditions:
1.2.1 a reference to a clause is a reference to a clause of these Conditions.
1.2.2 a reference to a ‘party’ refers to the parties to the Agreement and includes that party’s personal representatives, successors and permitted assigns.
1.2.3 a reference to a ‘person’ includes a natural person,corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.2.4 a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established.
1.2.5 words in the singular include the plural and vice versa.
1.2.6 any words that follow ‘include’, ‘includes’,‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
1.2.7 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form and;
1.2.8 a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time and includes all subordinate legislation made from time to time under that legislation.
FOOD AND DRINK
8.1 As referred to in clause 3, unless we specifically state otherwise, food and drinks are not included in any Rate(s) for bedroom accommodation and unless we have specifically stated or do state otherwise, we will make additional charges to you for them in accordance clause 3.3 above.
8.2 If you or any of your party or guests have any special dietary requirements, you should inform us of them in advance of your arrival. We will use all reasonable endeavours to accommodate those requirements and,where this is not possible, tell you that we are unable to do so.
8.3 Our Restaurant and Orangery are reservation only.
8.4 For Dinner, Bed and Breakfast rates, Customers over the age of 18 only, we offer an allocation of £30.00 per person for Breakfast and £50.00 per person for dinner. Charges above this amount will be billed directly to your room.
8.5 Highchair Disclaimer Notice
The management cannot accept responsibility for any injury howsoever caused using our highchairs.
Children must be supervised at all time by a responsible adult.
9. CAR PARKING
9.1 We cannot guarantee that any car parking space(s) will be available for you, but subject to clause 9.2, you may use any vacant space in our guest car park on a first-come-first-served basis provided that you have given us your vehicle’s registration number when you arrive. Any such parking will be without charge.
9.2 You may use a disabled parking space that is available if you have a valid disabled parking badge. We will be entitled to remove any vehicle if it is parked in a disabled parking space without a valid disabled parking badge on display and you (or if you are not the owner, then the owner of the vehicle) shall reimburse to us the all costs associated with its removal and subsequent recovery.
9.3 Whilst we will operate and maintain our guest car park with reasonable skill and care, we do not guarantee that other Hotel guests or members of the public will not enter our guest car park and steal or damage your vehicle or property in it. When you park or arrange for parking of your vehicle in our car park, you accept the risk of theft or damage of or to your vehicle and property in it if it is caused by any person other than our staff or contractors.
10. LIMITATION OF LIABILITY
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Conditions will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
Clauses 10.3 and 10.4 are only applicable if you are a Consumer.
10.3 We provide all Services only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide, or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind(including resale). We will not be liable to you for any loss of profit, loss of contract, loss of commercial opportunity or any indirect or consequential loss or damage.
10.4 Nothing in these Conditions is intended to or will exclude, limit, prejudice or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Regulations or any other consumer protection legislation as amended from time to time. Clauses 10.5 and 10.6 are only applicable if you are a Business.
10.5 Subject to clause 10.2, we shall not be liable, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way for any of the following: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or indirect or consequential loss.
10.6 Subject to clause 10.2, our liability to you arising out of the provision of Services to you under these Conditions shall not exceed the value of the booking in respect of any one claim or series of related claims.
11. CHANGES TO THESE CONDITIONS
We may from time to time change these Conditions without giving you notice.
12. HOW WE USE YOUR PERSONAL INFORMATION
All personal information provided by you will be collected,processed and used in line with the our privacy policy, which explains what personal information we may collect from you, how and why we collect it; store,use and share such information, your rights in relation to such personal information and how you can contact us and any supervisory authority if you have a query or complaint about the way in which we use any personal information. A copy of the privacy policy can be found at www.marquissuffolk.com.
13. REGULATIONS
If you are a Consumer, we are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your request to make a booking). We have included the information itself either in these Conditions for you to see now or we will make it available to you before we accept your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
14. INFORMATION
As required by the Regulations, all of the information described in clause 13, and any other information which we give to you about any Services or the Hotel which you take into account when deciding to make a booking or when making any other decision about the Services, will be part of the terms of our contract with you as a Consumer.
15. COMPLAINTS
We always welcome feedback from Guests and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about the Hotel or any of our staff, please raise the matter with the relevant Manager who can be contacted at the Hotel by post (Marquis Suffolk,Upper Street, Layham, IP7 5JZ), phone (+44(0)1473 377977) or email at reception@marquissuffolk.com.
16. FORCE MAJEURE
We shall not be in breach of these Conditions, nor shall we be liable for any delay in performing, or failure to perform, any of our obligations under these Conditions if such failure or delay results from event,circumstances or causes beyond our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, fire, flood, storms, earthquakes, acts of terror or any other event that is beyond our control.
17. NO WAIVER
If we do not insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18. SEVERANCE
Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable,the remaining clauses will remain in full force and effect.
19. GOVERNING LAW AND JURISDICTION
These Conditions, any contract between us and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute or claim arising out of these Conditions, any contract between us and relationship between us shall be settled by the courts of England and Wales.