For hire of facilities for conference, events and group accommodation bookings

1.1. In these standard terms and conditions of booking the following words shall have the following meanings:

“Advanced Payment” has the meaning defined in Clause 4.1.

“Agreement” means the Booking Contract together with these Terms and Conditions.

“Booking” means a booking for the provision of Facilities for conferences and events, group accommodation, and associated services as set out in the relevant Booking Contract.

“Booking Contract” means the accompanying document entitled “Booking Contract” issued by King’s Venues to which these standard terms and conditions apply, and which contains the date(s) and other details of the Client’s Booking together with details of the Charges that will be payable by the Client. “Cancellation Charge” has the meaning defined in Clause 5.2.1.

“Change” has the meaning defined in Clause 5.1.1.

“Charges” has the meaning defined in Clause 3.1.

“College Policies and Procedures” means the policies and procedures set out in the Appendix to these Terms and Conditions.

“Event” means the event, or dates, to which the Booking relates.

“Facilities” means the rooms, locations, and other facilities to be hired by the Client as set out in the Booking Contract.

“Force Majeure” means any circumstance not within the College’s reasonable control including, without limitation:

• flood
• drought
• storm
• earthquake or other natural disaster
• epidemic or pandemic (including any laws, regulations or government guidelines arising or changing as a result of the same)
• terrorist attack
• protest
• civil commotion or riots
• war
• threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
• nuclear, chemical or biological contamination or sonic boom
• any law or any action taken by a government or public authority
• collapse of or damage to buildings
• fire, explosion, leak or accident
• interruption or failure of utility service.

“King’s Venues” means the department of the College known as “King’s Venues” which is responsible for conferences, events and accommodation bookings and which may be contacted via the details set out in Clause 10.

“Terms and Conditions” means these standard terms and conditions of booking.

“The Client” means the organisation, company, person or persons hiring Facilities and/or purchasing services at any of the College’s campuses or Halls of Residence.

“The College” means King’s College London, a body incorporated by Royal Charter in England and Wales with registered number RC000297 whose principal place of business is at Strand, London, WC2R 2LS.

“Working Day” means any day other than weekends and other dates when the College is closed.

1.2. A reference to a statute or statutory provision is a reference to it as amended, extended or reenacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.3.

1.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.5. A reference to writing or written includes email.

2.1. All Bookings are subject to confirmation of availability of the appropriate Facilities and services.

2.2. All Bookings remain provisional, and the College reserves the right to decline any Booking or part thereof, until such time as a binding Agreement has been concluded in accordance with Clause 2.3 below.

2.3. The issuance of a Booking Contract by King’s Venues constitutes an offer by the College to hire Facilities, and/or to supply services, subject to the terms of the Agreement. A Booking shall only become legally binding if a Booking Contract has been signed by the Client and returned, unaltered, to King’s Venues, within 7 Working Days of the date of the Booking Contract at which point a contract for the Booking shall be formed subject to the terms of the Agreement. If the Client fails to sign and return, unaltered, the Booking Contract within this time, the College’s offer shall lapse, and the College may (if applicable) release any provisional booking for Facilities without notice to the Client.

3.1. The charges payable by the Client to the College for the Booking shall be determined in accordance with the College’s current quoted tariffs (either sent to Client or published on the College’s website) except in case of manifest error (the “Charges”). The total estimated Charges for the Booking are set out in the Booking Contract, but the Client acknowledges that the actual Charges incurred may vary if the Client requires additional services or changes its requirements for the Booking (including, without limitation, pursuant to Clause 5.1).

3.2. Unless expressly stated otherwise in the Booking Contract, all Charges are quoted inclusive of VAT at the current rate. Where the Client may be exempt from VAT, the Client shall provide proof of exemption prior to the first date for payment of the Charges as determined in accordance with Clause 4.

4.1. Unless otherwise agreed by the College in the Booking Contract, the Client shall pay for some, or all, of the estimated Charges for the Booking in advance, as follows:

• 4.1.1. If the Booking Contract is concluded 31 (or more) days in advance of the Event, the Client shall pay 50% of the total estimated Charges for the Booking (as set out in the Booking Contract); or
• 4.1.2. If the Booking Contract is concluded 30 days (or less) days in advance of the Event, the Client shall pay 100% of the total estimated Charges for the Booking (as set out in the Booking Contract), (the “Advanced Payment”), and the Client shall pay the Advanced Payment within 7 days of signing the Booking Contract.

4.2. The College shall raise a final invoice for the outstanding balance of all Charges incurred in connection with the Booking after the Event.

4.3. Save in respect of the Advanced Payment (which shall be payable in accordance with the payment terms set out in Clause 4.1), all sums payable by the Client under the Agreement shall be paid within 30 days of the date of the College’s invoice, in UK pounds sterling to the bank account nominated by the College from time to time.

4.4. The College may charge interest on overdue sums at the statutory rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.1. Amendments to the Booking

5.1.1. If the Client wishes to make any amendments to a Booking (including, for example, changes to the expected number of delegates/guests attending), the Client shall submit its request to King’s Venues in writing no less than 7 Working Days prior to the start of the Event (each a “Change”).

5.1.2. Following receipt of the requested Change, King’s Venue shall confirm to the Client in writing whether or not it is able to accommodate the requested Change (which shall be subject to availability Facilities and services (as applicable)) and any corresponding increase or decrease in the estimated Charges set out in the Booking Contract.

5.1.3. No Change shall take effect unless agreed by King’s Venues and the Client in writing in advance.

5.2. Cancellation by the Client

5.2.1. The Client may cancel the Booking by giving written notice to King’s Venues (in accordance with Clause 10), subject to the Client paying the Cancellation Charge in accordance with Clause 5.4 below. 5.3. Termination and/or cancellation by the College

5.3.1. The College may cancel the Booking and terminate the Agreement, without any liability to the Client, by giving written notice to the Client if:

5.3.1.1. the Client commits a breach of any term of the Agreement (including, without limitation, the College Policies and Procedures);

5.3.1.2. the Client fails to pay the Advanced Payment in accordance with Clause 4.1, or is more than 30 days in arrears in respect of any other payments due to the College whether in relation to the Booking or otherwise (and including, without limitation, in respect of other bookings);

5.3.1.3. the Client (being an individual) becomes bankrupt or (being a being a company) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or

5.3.1.4. the Client ceases, or threatens to cease, to carry on business; or 5.3.1.5. in the College’s reasonable opinion, the Booking would prejudice the reputation of the College or the University of London.

5.4 Cancellation charge

5.4.1. Save both parties have agreed an alternative Cancellation Charge in the Booking Contract, where the Client cancels the Booking, or the College cancels the Booking pursuant to Clause 5.3, the Client shall pay the College a cancellation charge calculated as follows:

More than 61 days prior to the start of the Event

25% of the total estimated Charges as set out in the Booking Contract or otherwise varied in accordance with Clause 5.1.

31 to 60 days prior to the start of the Event

50% of the total estimated Charges as set out in the Booking Contract or otherwise varied in accordance with Clause 5.1

30 days or less prior to the start of the Event

100% of the total estimated Charges as set out in the Booking Contract or otherwise varied in accordance with Clause 5.1 (the “Cancellation Charge”).

5.4.2. The Client shall pay the Cancellation Charge as follows:

• 5.4.2.1. Where the Cancellation Charge is less than any Advanced Payment already paid, the College may deduct the Cancellation Charge from the Advanced Payment, before returning the balance to the Client (save in respect of any element of the Advanced Payment which is expressed to be ‘non- refundable’ or a ‘non-refundable deposit’ in the Booking Contract, in which case any such non- refundable element shall be retained by the College); or
• 5.4.2.2. Where the Cancellation Charge exceeds any Advanced Payment already paid, the College may set off any Advanced Payment already paid against the Cancellation Charge payable by the Client and may invoice the Client to the extent that the Cancellation Charge exceeds the Advanced Payment (if any). The Client shall pay such invoice in accordance with the payment terms set out in Clause 4.3.

6.1. Subject to Clause 5, the College grants the Client a right to enter and use the Facilities on the dates specified in the Booking Contract in accordance with the terms of the Agreement. The Client acknowledges that:

• 6.1.1. the Client shall have the right to enter and use the Facilities as a licensee only and no relationship of a landlord and tenant is created between the College and Client by the Agreement; and
• 6.1.2. the College retains control, possession and management of the Facilities and the Client has no right to exclude the College (or any of its staff) from the Facilities. The College reserves the right to enter the Facilities at all times during the Event, including for the purposes of supply any contracted services.

6.2. The Client agrees and undertakes:

• 6.2.1. not to do or permit to be done anything on the Facilities which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the College or to any other clients of the College, or any owner or occupier of neighbouring property;
• 6.2.2. not to cause or permit to be caused any damage to the Facilities, including any furnishings, equipment or fixtures at the Facilities;
• 6.2.3. not to smoke or permit smoking (including e-cigarettes) anywhere in the Facilities;
• 6.2.4. not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Facilities, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of the College;
• 6.2.5. to use any equipment provided by the College for its proper purpose and in accordance with any instructions provided by the College regarding its use;
• 6.2.6. to leave the Facilities in a clean and tidy condition and to remove the Client's decorations, displays and any other Client equipment from the Facilities at the end of the Event.

6.3. The Client shall, and shall procure that each of its staff, agents, and delegates/guests shall:

6.3.1. behave in a responsible and safe manner at the Event; and

6.3.2. comply with the College’s Policies and Procedures, and the College reserves the right to remove or request that the Client remove delegates/guests that do not do so from the Event and the Facilities. In the event that the College exercises this right in connection with any individual benefiting from residential accommodation (whether in the halls of residence or otherwise), the Client shall be responsible for arranging (at the Client’s cost) alternative accommodation for such individual.

7.1. Catering

7.1.1. Self-catering is not permitted at any College building (aside from Stamford Street and Great Dover Street Apartments). Great Dover Street Apartments are sold on a room only basis (though guests must supply their own crockery, cutlery and cooking equipment).

7.1.2. Catering, where required by the Client, must be provided by the appointed College catering service providers, or purchased locally via College catering outlets. Food and drinks cannot be brought onto College premises either by the Client or other suppliers on behalf of the Client. Any breach of this condition will attract a corkage/additional fee (to be determined by the College) to compensate for loss of revenue.

7.1.3. Catering, where required by the Client, must be requested via King’s Venues at least 8 Working Days prior to the start of the Event. A minimum charge may be applicable at weekends (which will be advised at the time of booking).

7.2. Audio Visual

Audio visual equipment, where required by the Client, should be hired via King’s Venues (at additional cost) and will be supplied and serviced by the College’s in-house Audio Visual Services Unit.

The Client may bring in their own equipment for personal use but must be able to demonstrate to the College’s satisfaction that the equipment is electrically safe and provide certification of portable appliance testing (PAT) upon request.

Third party audio-visual companies are not permitted to operate at any of the College premises without written permission from King’s Venues and/or the College’s Audio Visual Services Manager. 7

7.3. Parking

There are no parking facilities at any of the College campuses or residences. Guests/delegates arriving by car should make alternative arrangements for parking. All the College campuses/residences are easily accessible via public transport.

8.1 The Client shall obtain, from a reputable insurance company, appropriate public liability and all risks insurance adequate to cover all risks associated with the Event and the Client’s use of the Facilities. The Client shall provide full details of such policy to the College on request.

8.2. The Client shall immediately notify the College of any loss or damage affecting the Facilities, or otherwise arising in connection with the Booking.

8.3. The Client shall indemnify the College, and keep the College indemnified, in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the College arising out of, or in connection with:

• 8.3.1. any damage to the College’s Facilities Event (including any requirement for special or additional cleaning of such Facilities), equipment, or other property (including third party property) sustained during the;
  • 8.3.2. the Client’s breach of any of the terms of the Agreement;
  • 8.3.3. the Client’s hiring of/use of the College’s Facilities hired under the Agreement (including, without limitation, any third-party claims made against the College in connection with such hiring/use).

9.1. The restrictions on liability in this Clause 9 apply to every liability arising in connection with the Agreement including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

9.2. Nothing in the Agreement excludes or limits the College’s liability for death or personal injury arising from the College’s negligence, for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal for the College to exclude or limit its liability.

9.3. Subject to Clause 9.2, the College shall not be liable for:

• 9.3.1. the death of, or injury to, the Client or that of the Client's employees, contractors or any other delegates/guests attending the Facilities;
• 9.3.2. damage or theft of any property of the Client or that of the Client's employees, contractors or other delegates/guests attending the Facilities;
• 9.3.3. any loss of profit, loss of business, loss of goodwill, or indirect or consequential loss incurred by the Client in connection with the hiring of the College’s Facilities; or any inconvenience or loss caused to any party as a result of cancellation or termination pursuant to Clause 5.

9.4. Subject to Clause 9.2 and Clause 9.3, the College's total liability to the Client shall not exceed 125% of the total sums paid or payable by the Client to the College in connection with the relevant Booking.

10.1. King’s Venues are responsible for overseeing the College’s conferencing, events and group accommodation bookings. All communications from the Client to King’s Venues must be made using the following details:

Post

King’s Venues

King’s College London

4th Floor, South East Block

Strand campus, London, WC2R 2LS

Email

kingsvenues@kcl.ac.uk

Telephone (where written notice is not required)

020 7848 1700

10.2. The College may send written communications to the Client by post or by email to either the email address or postal address the Client specifies in the Booking Contract.

11.1. If the College is prevented, hindered or delayed in or from performing any of its obligations under the Agreement as a result of Force Majeure, or if the College determines (in its sole discretion) that a Booking or Event cannot reasonably proceed as a consequence of Force Majeure, the College shall not be in breach of the Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly (and subject to availability of Facilities and services).

11.2. During an event of Force Majeure, the College may (if reasonably practicable to the College, and subject to availability of Facilities and services), offer to the Client alternative dates, or other proposed amendments to the Booking, in order to allow the Booking to proceed at a different time or in a modified format (an “Alternative Option”).

11.3. Should the Client agree to the Alternative Option in writing, then the parties shall document the agreed variation to the Booking in writing in accordance with Clause 5.1.3. Should the Client not agree to the Alternative Option, then Clause 11.1 shall continue to apply, but the Client may cancel the Booking in accordance with King’s Venues – Standard Terms and Conditions of Booking Page | 10 Clause 5.2.

11.4. The Client is aware of the general availability of travel insurance and event cancellation insurance and should consider the appropriateness of such insurances as a means of protecting the Client against the potential liabilities posed by a Force Majeure event. The Client acknowledges that the provisions of Clause 11.1 to Clause 11.3 are fair and reasonable in the circumstances.

For further information, please refer to the College’s Data Protection Policy.

13.1. Entire agreement

13.1.1. The Agreement constitutes the entire agreement between the parties in connection with the Booking and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

13.1.2. The Agreement operates to the exclusion of any standard terms and conditions which the Client may communicate to the College, or otherwise seek to impose.

13.1.3. Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

13.2. No assignment

The licence to use College Facilities in accordance with the Agreement is personal to the Client, and the Client may not assign, sub-licence, or otherwise transfer any of its rights under the Agreement to any other person.

13.3. No waiver

The failure of either party to exercise any rights under the Agreement shall not be deemed to be a waiver of that right.

13.4. Third party rights

No person other than the Client or College shall have the right to enforce any term of these conditions and the provisions of the Contracts (Right of Third Parties) Act 1999 shall not apply.

13.5. Variation

No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

13.6. Severance

If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 13.6 shall not affect the validity and enforceability of the rest of the Agreement.

13.7. Governing law

The Agreement, and any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws of England and Wales.

13.8. Jurisdiction

Each party irrevocably agrees that the English courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.

King’s Venues

November 2020

Children

A child between the ages of 12 and 18 may be permitted to enter the Facilities but must be accompanied by a designated responsible adult nominated by the Client to undertake this role, such as a parent, guardian or teacher.

An adequate number of responsible adults (in line with any legislative or good practice guidelines) must accompany a group of children.

Health and Safety

Details of emergency procedures are displayed in all rooms and bedrooms across the College and are also circulated to the Client prior to the Event.

It is the responsibility of the Client to ensure that all its staff/delegates/invitees are familiar with the emergency instructions relating to the building(s) they are using.

If the fire alarm sounds guests/delegates must vacate the building using the nearest designated fire exit, move to the assembly point and remain there until instructed to re-enter the building.

Lifts are not to be used during emergency evacuations.

All rooms have a designated maximum occupancy for fire safety reasons and the number of people in the room must not exceed this.

The Client should inform King’s Venues at least 7 Working Days in advance of the Event of any disabled guests/delegates and if any guests/delegates have special requirements.

This will assist the College in making arrangements to accommodate any special individual requirements including arrangements in respect of access to/egress from College buildings and the provision of necessary Facilities and services.

The Client should inform the fire marshals/security upon arrival at the College of any expected guest with a disability.

It is the responsibility of the Client to nominate a “buddy” within their group who can assist anyone who requires help to get to either the assembly point or nearest refuge (where provided).

With the exception of a trained assistance dog for which written authorisation has been obtained in advance from the College, Clients/guests/delegates may not bring to/keep any animal in the College buildings or grounds.

Smoking is not permitted in any College buildings/internal areas of the College. Smoking within the College grounds is not permitted except in areas designated for this purpose.

Hazardous, dangerous and/or illegal items/substances must not be brought onto College premises under any circumstances.

Candles and naked flames are prohibited.

If the Client, or any guest/delegate wishes to use electrical equipment at the Facilities, such person will need to show of an electrical safety (PAT) certificate, otherwise the College reserves the right to prohibit the use of such equipment until it has been tested.

Risk assessments

The Client shall be responsible for undertaking all risk assessments which may be necessary in connection with the Event and shall provide the College with copies of such risk assessments upon request. Residential hire

For group residential bookings (10+ guests) the Client is requested to nominate a responsible adult to be resident throughout the booking who will be answerable to, and responsible for, the conduct of those under their charge.

The Client should ensure that the total number of persons using the accommodation should not exceed the number of people for which it has been booked.

Unless alternative arrangements have been made with King’s Venues and/or the Residence Office, Clients, guests and/or delegates may check-in after 15:00 on the day of arrival.

Clients should advise King’s Residences if groups are arriving early morning/late evening to facilitate local check-in arrangements.

Guests must vacate and check-out of their rooms by 10:00 on the day of departure, unless alternative arrangements have been made with King’s Venues and/or the Residence Office.

For any room that is not vacated on time the College reserves the right to charge the Client for a further night’s accommodation.

All room keys must be returned by the Client upon departure from the College. The Client will be liable for a charge of £30 for every key and/or swipe card not returned.

There are no curfews at the residences but all guests/delegates are requested to respect the quiet hours between 23:00 and 08:00. Failure to comply may result in the Residence/Duty Manager asking the guests/delegates to leave College premises and seek alternative accommodation.

Rooms as stated in the current quoted tariffs are for single occupancy only. No additional overnight guests can be accommodated in bedrooms.

Access to Common Rooms (if applicable)

Where access is permitted by King’s Venues in connection with a Booking, Common Rooms are typically open daily from 09:00 – 22:30 and are not accessible outside of these hours.

After closing there should be no congregating in public areas and particularly the courtyard area, and the Client shall ensure that all delegates observe College quiet times of 23:00 – 08:00.

It is the responsibility of the Client’s staff to ensure the conduct of their students whilst using communal space and respecting the quiet times for the benefit of all other guests and residents, and as such the College reserves the right to withdraw the use of any communal facilities at any time.

Behaviour and conduct

The Client shall be responsible for any loss and/or damage to College furniture and equipment, including cleaning costs arising from smoking and other unauthorised behaviour.

Furniture and equipment has been inventoried and must not be removed from or transferred between rooms.

Guests/delegates must conduct themselves in a responsible manner with due consideration to other guests/delegates, member of College staff or their agent, visitors or members of the public and must refrain from any behaviour which would bring the College into disrepute or cause discomfort or risk to others.

The College is a busy working environment with teaching, learning and research taking place year-round and guests/delegates are asked to respect this.

The Client is responsible for the behaviour of all guest/delegates and owes a duty of care to such guests/delegates.

It is not the responsibility of the College’s Security or the Residence Managers to police the guests/delegates or to ensure their conduct is appropriate. The duty of care of College staff is to the building, its security and systems.

Delegate lists

A delegate list must be supplied to King’s Venues at least 14 days in advance of the start of the Event. Failure to comply with this request may result in access to College buildings being denied.

Guests/delegates may be required to sign in against their name, and the Client’s nominated representative may be required to sign against the delegate list to verify the confirmed number of guests/delegates in attendance.

Publicity, filming and performances

The Client may not use (nor permit any guest/delegate to use):

• the College’s name, logo, or other trade marks;
• photographs or images depicting the College building/rooms in publicity materials;

without the College’s prior written consent.

The College may refuse requests to use such materials at its absolute discretion, and any decision to permit such activities would be subject to the Client agreeing written terms and conditions governing the use of such materials.

Where any written consent is given, the Client shall comply with the College’s reasonable instructions (including, without limitation, any applicable brand guidelines) governing the use of such materials.

Clients using the College’s premises must make it clear in their publicity material and associated literature that the event is not part of the College’s normal activities and that the College’s name is only used as a means of identifying the location where the event is held, and furthermore that the College is in no way connected with the Client and has not sanctioned nor approved the content of any course or materials it offers.

The Client shall not state or imply that the College makes any teaching or other academic provision to the guests/delegates, or that any academic collaboration exists between the parties.

No publicity materials may be affixed to the walls. Items affixed to walls, doors or woodwork will be removed and disposed of by College staff.

Notice boards or signboards should be used where available and/or provided.

Requests for filming/photo shoots on College premises must be made to King’s Venues at least 7 Working Days in advance.

All requests will be subject to the College’s Filming Policy and will require approval from the Public Relations Office and King’s Venues.

Appropriate charges will be levied.

The College does not generally have public performance licences for the College buildings or grounds.

The Client is not permitted to sell, or to authorise others to sell any goods or tickets on College premises without the prior written consent of the College.

The Client acknowledges that such sales are prohibited in certain College buildings.

Other College policies

The Client shall comply with relevant College policies including those relating to harassment, equal opportunities, health and safety, drugs, smoking and information technology which are available from the King's Policy Hub or which are otherwise provided by the College from time to time.

The Client may also request copies of College policies from King’s Venues.