EXCLUSIVE HIRE TERMS AND CONDITIONS – HAKKASAN LIMITED
The Terms and Conditions (the “Terms”) set out below apply to your booking and form part of the contract between you and Hakkasan Limited (the “Restaurant”).
1.1 Bookings will only be regarded as confirmed upon the Restaurant’s receipt of signed Terms and payment of both a deposit and a pre-payment.
1.2 Any changes to booking details must be made in writing and will be of no effect unless acknowledged, in writing, by the Restaurant .
1.3 In the event that the Terms are signed in the name of a company, partnership, agency, firm, club or similar society, the person signing represents to the Restaurant that they have full authority to sign such the Terms. In the event that they are not so authorised, they will be personally liable for the complete performance of the contract with the Restaurant.
2 Deposit and pre-payment
2.1 The Customer shall be required to pay a deposit to the Restaurant and for private function bookings, credit/debit card details are required by the Restaurant. The amount of deposit payable and the required date for receipt of the deposit are set out below.
2.2 In addition to the deposit payable, a pre-payment will be required at the time of booking equivalent to 50% of the entire booking price. The balance of the booking price is due 31 days prior to the reservation date. Should any additional charges be incurred on or prior to the day of the booking, and any outstanding charges must be settled on the day of the function. No account facilities are available, therefore should you not pay any or all of the final bill amount on the date of the function, the Restaurant reserves the right to charge any outstanding payment to the credit/debit card details provided to the Restaurant to complete the booking.
2.3 The Restaurant requires the deposit, the pre-payment and any further payments that may be agreed between you and the Restaurant at the time the booking is made to be cleared funds for the function to occur.
2.4 Any invoices left unpaid will be your responsibility for settlement.
2.5 In the event that there are any unpaid invoices, interest will be payable by you on all sums due calculated on a day to day basis rate equivalent to 2% per calendar month from the due date of payment until the date of actual payment. The interest is to be paid after, as well as before, any judgment (such obligation to be an independent obligation which shall not merge on the judgment).
2.6 In the event that you cancel a booking that the Restaurant has made with a third party on your behalf for entertainment, equipment or otherwise, all cancellation charges relating to that entertainment, equipment of otherwise will be met by you.
2.7 Any queries or complaints concerning the invoice must be submitted in writing within 7 days of the date stated on the invoice.
3.1 The minimum payment amount for this booking shall be as agreed at time of booking. The minimum payment refers solely to food and beverage, any hire costs are therefore in addition to the minimum spend requirement.
3.2 All the prices are current at the time of going to print and are inclusive of VAT or other government taxes where appropriate. The Restaurant reserves the right to amend prices to take into account any changes in the rate of VAT or other taxes. All food and beverage costs attract a discretionary 13.5% service charge.
3.3 The full minimum payment and service charge is payable in full prior to the function in accordance with clause 2.2 above. If at the end of the function, the sum actually spent exceeds the minimum spend, then you shall be required to settle the excess amount in full. Should you fail to pay any excess amount, the Restaurant reserves the right to charge any outstanding payment to the credit/debit card details provided to the Restaurant to complete the booking.
4 Late and non-payment
If you fail to make any payment as set out above, the Restaurant may, without any liability to you, cancel the booking and charge you for any costs incurred by it in connection with the booking.
5 Cancellation by you
5.1 All cancellations by you must be made in writing to the Restaurant, and will be of no effect unless acknowledged in writing by the Restaurant.
5.2 In the event of a booking being cancelled, the following charges will apply: (i) if the cancellation is made more than 30 days before the function date – 50% of the deposit will be retained by the Restaurant (ii) if the cancellation is made less than 30 days before the function date – 100% of booking price will be retained by the Restaurant.
6 Cancellation by the Restaurant
The Restaurant may cancel a booking without any liability being incurred whatsoever if: (i) the Restaurant is closed down due to events and circumstances beyond the control of the Restaurant, such as fire, mechanical or electrical breakdown, staff dispute or by order of a public authority; (ii) there are Force Majeure circumstances (as set out at clause 13 of these Terms); (iii) you become insolvent or enter into liquidation/receivership; (iv) you are in breach of any of the Terms; (v) you fail to pay the requested deposit and pre-payment required under these Terms or funds have not cleared.
7 Credit/Debit Card
A credit/debit card is required to secure the booking, and the Restaurant reserves the right to charge the credit/debit card used to make the booking if you fail to make any payment in accordance with these Terms.
8 Final numbers
8.1 Final numbers for any booking must be confirmed in writing at least 3 business days prior to the booking date.
8.2 The menu price for the confirmed number will be charged for, even if numbers decrease after this time.
8.3 In the event of an increase in numbers after this time, the Restaurant will make every reasonable endeavour to accommodate for the increase in numbers and will charge accordingly for this service, but cannot be held responsible for failure to provide such accommodation or service.
9 Allergies and intolerances
Any guest allergies and intolerances should be clearly notified to the Restaurant. A member of the team must be made aware of these before placing any order for additional food or beverages. Guests with severe allergies or intolerances, should be aware that although all due care is taken, there is a risk of allergen ingredients still being present. Please note, any bespoke orders requested cannot be guaranteed as entirely allergen free and will be consumed at the guest’s own risk.
10 Guest conduct
10.1 You shall be responsible for the orderly conduct of the function and shall ensure that nothing shall be done which will constitute a breach of the law or in any way cause nuisance or be infringement of or render a possible forfeiture or endorsement of any licenses for the sale of wine, beer, spirits or for music and dancing or exhibition. In particular, you shall ensure there is no illegal use of narcotics, betting or gaming.
10.2 The Restaurant reserves the right, in its absolute discretion, to refuse entry to or eject guests if at any time, in the view of the Restaurant, their behaviour is unsuitable.
11 Dress code
11.1 The Restaurant’s dress code is smart. Trainers, caps and vests are not permitted to be worn on the Restaurant’s premises at any time.
11.2 The Restaurant reserves the right, in its absolute discretion, to refuse entry to you or any of your guests should you or they be inappropriately dressed.
12 Your property
The Restaurant is not liable for you or your guests’ property, even if such property is lost or damaged whilst on the Restaurant’s premises.
13 Force majeure
Failure to perform any term or condition of the Terms as a result of conditions beyond either parties control, including, but not limited to, war, strikes, riots, fires, floods, acts of God, governmental restrictions and power failures ,shall not be deemed a breach of the Terms.
14 Restaurant logos and intellectual property
14.1 You shall not use the Restaurant’s logo or other intellectual property rights without the Restaurant’s prior written consent.
14.2 Where consent is given by the Restaurant your right to use any logo or intellectual property rights shall be limited to the function or meal and any promotional materials you may create in connection with it will have to be first approved by the Restaurant. Any unapproved materials using any logos or intellectual property rights of the Restaurant must be immediately destroyed.
15 Third parties
15.1 The Restaurant reserves the right to request the names of any photographer, toastmaster, band, musician, or any other persons to be engaged by you in connection with any function. The Restaurant, in its sole discretion, can object to any of the above persons attending the function.
15.2 It shall be your responsibility to ensure that, where applicable, Performing Right Society forms are completed by any band or musician engaged by you. You will keep the Restaurant fully and indemnified against the costs, expenses and damages of any and all claims which may be made against the Restaurant arising from any breach of copyright occurring during any function.
15.3 You agree to inform the Restaurant, in writing, of all equipment that you or your contractors and/or agents propose to bring onto the Restaurant’s premises in connection with the function, including all sound, lighting and AV equipment, no less than 7 working days prior to the function. Failure to seek such approval may result in the Restaurant refusing such equipment to be brought onto the Restaurant’s premises and could result in the function being cancelled without notice.
15.4 Where your contractors / agents have been authorised to bring in and use additional equipment, its delivery, construction and de-rigging times must be agreed with the Restaurant prior to the day of the function. The Restaurant accepts no responsibility for any equipment brought onto the Restaurant’ premises and all equipment is left is at the owner’s risk.
15.5 All third party operators must provide appropriate risk assessments and health and safety documentation, including a clear method statement. All documents must be in place at least 1 week prior to the function date and are subject to approval by the Restaurant’s building management. Furthermore, you must ensure that the third party provides adequate insurance and observed all health and safety requirements.
16 Limitation of Liability
16.1 Nothing in these Terms shall limit your, your guests of the Restaurant’s liability for death or personal injury resulting from its negligence, for fraud, for fraudulent misstatement or for fraudulent misrepresentation.
16.2 The Restaurant will not be liable to you or any person claiming through you for: (i) any loss or damage caused by, or arising from, your failure to carry out any obligation under the Terms; (ii) any loss of business or profit, or any consequential loss howsoever arising (including, but not limited to, any delay in or failure to carry out any of your obligations under the Terms); and/or (iii) any loss resulting from any of your own negligent acts or omissions of the Restaurant in connection with the Terms or otherwise.
16.3 Save as expressly stated otherwise or where not permitted by law, the Restaurant’s total liability to you under these Terms shall be capped at the amounts payable and paid by you in accordance with the Terms.
16.4 You agree to be responsible for and shall compensate the Restaurant against all damages occasioned to the Restaurant or its fixtures and fittings caused by any act, default or negligence of you or your guests or third party attendees.
Both you and the Restaurant agree; (i) to keep confidential; (ii) not use for its own purposes; (iii) not without the prior written consent of the other party, disclose to any third party, any information of a confidential nature (which, for the avoidance of doubt, shall include the terms of this contract and the chosen menu) belonging or relating to the other party which is disclosed to it by the other party unless such information is or becomes public knowledge (other than by breach of this provision).
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.