Terms

 CONDITIONS OF HIRE OF FACILITIES

The following Conditions are incorporated in the Contract of Hire set out in this document.

1. INTERPRETATION

In these Conditions and on the Platform(as defined below) words importing the singular shall include the plural andwords incorporating the masculine shall include the feminine and vice versa and shall where the context so admits have the following meanings:

1.1. “the Company” means Peel CommunitySports Club Limited (Isle of Man registered company number 133991C) and its directors, officers, employees, servants and agents.

1.2. “the Hub” means the building or site in which the Facilities (as defined below) are situated and shall include theFacilities and any building, grounds and car park to which users of theFacilities may have access.

1.3. “the Hirer” means the person(s) or organisation(s) entering into the Contract with the Company.

1.4. “the Platform” means the Company’s online booking system or form, which enables the Hirer to book the Facilities(defined below).

1.5. “the Contract” means the agreement comprised of the Platform and these Conditions

1.6. “the Facilities” means any area, space, room, equipment, or service specified on the Platform or otherwise incorporated into the Contract by the Company at the Hub.

1.7. “the Hire Period” means the period of hire of the Facilities as specified on the Platform and the Hire Period includes an allowance of 5 minutes in every hour to accommodate any disruption, preparation or set up caused by the transition between Hirers.

1.8. “the Hire Charge” means the amount payable by the Hirer to the Company for the use of the Facilities during the Hire Period as specified on the Platform subject to variation under Condition3.1.

1.9. “Block Booking” means a contract fora series of Hire Periods.

1.10.“Ordinary Booking” means a contract for a single Hire Period.

2. APPLICATIONS, CORRESPONDENCE, NOTICES ETC.

All applications for hire must be made through the Platform or, at the request ofthe potential hirer and with agreement by the Company, through email directly with the Company. The Company reserves the right to refuse any application and shall not accept any person under 18 years of age as a Hirer.

3. CHARGES AND FEES

3.1. The Hire Charge shall be as stated on the Platform save that the Company may on written notice to the Hirer, vary or increase the Hire Charge at any time before the commencement of a Hire Period and notwithstanding that payment of the Hire Charge has been made and accepted.

3.2. If the Hire Charge is increased pursuant to Condition 3.1, the Hirer shall be entitled to terminate theContract upon giving to the Company written notice to that effect within seven days of receiving notice from the Company of the Hire Charge increase and all relevant Hire Charges paid shall be refunded to the Hirer.

3.3.If the Hirer continues to use the Facilities or otherwise interferes with or prevents the full use thereof by the Company after the Hire Period or if the Hirer interferes with or prevents the full use of any other facilities at the Hub before, during or after the Hire Period (whether or not in any case such use is in fact required) additional sums shall be payable to the Company upon demand for each hour or part thereof not included in the Hire Charge at the same rate as the Hire Charge in respect of the Facilities and at the standard rate for the time being of the Company in respect of any other relevant facilities.

3.4. If the Hirer, by continuing to use the Facilities after the Hire Period or by any other means, prevents or interferes in any way with the use or enjoyment by any person of any facilities at the Hub, the Hirer shall be liable to pay the Company on demand an amount equal to any injury, loss, damage or expenditure suffered or incurred by such person arising therefrom.

3.5. Tickets in respect of any event or function proposed to be held at the Facilities may not be sold by or on behalf of the Hirer without the written permission of the Company.

3.6. The Hirer shall not be permitted to charge for admission to the Facilities unless the Company has provided its prior written approval.  TheCompany reserves the right to require the Hirer to notify the Company of the ultimate application of all such admission charges.

3.7. All advertisements, posters, notices, circulars, correspondence, commercials and other materials publicising the event or function in respect of which the Facilities are being hired shall state or otherwise clearly indicate the ultimate application of all admission charges.

3.8. Unless otherwise agreed with the Company, payment for all bookings must be made via the Platform at the point of booking or within 48hours following a reservation. Unless otherwise agreed in writing with theCompany, any reservations that remain unpaid after this period may be cancelledand the hours will be released for other users to book.

4. ORDINARY BOOKINGS, PAYMENT OF CHARGES,CANCELLATIONS.

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4.1. If the Hirer fails to pay the whole of the Hire Charge in accordance with Condition 3.8, the Company shall be entitled to treat the Contract as being at an end and in any such case any deposit paid shall be forfeited and become the property of the Company and theCompany will not be liable for any injury loss or damage to the Hirer arising there from.

4.2. The Company may cancel or amend any booking made on the Platform by giving such notice to the Hirer no less than 48hours in advance of the beginning of the Hire Period.

4.3. All bookings will be subject to our 4week cancellation policy. Any bookings cancelled more than 4 weeks from thestart date will receive an 80% credit refund. Any booking cancelled less than 4weeks from the start of the booking will receive a 0% credit refund, except at the discretion of the Company. There will be no cash refunds.

4.4. No booking shall be transferable without the consent of the Company.

4.5. Due to limited provision, changing facilities are not generally available. Hirers are advised to confirm well inadvance of your session that changing provision will be available if it is critical to your session.

4.6.If the changing provision is used, no items may be left in the changing areas as others may be using it. You are therefore advised to bring any possessions with you within the Facilities. No liability is accepted by the Company for any items that are lost, stolen or damaged whilst using the Facilities.

5. PAYMENT FOR CLEANING AND ADDITIONAL FACILITIES

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5.1. Additional facilities, equipment, or services provided or made available to the Hirer at the request of the Hirer but not included in the Contract (whether used by the Hirer or not) will be payable on demand and in any event (unless the demand provides otherwise)before the relevant Hire Period.

5.2. The Hirer shall ensure that all parts of the Hub (including the facilities, common parts, changing rooms, toilets and showers) are left clean and tidy and to the reasonable satisfaction of theCompany and the Hirer shall pay to the Company (or the Company may hold back and retain any deposit) on demand any additional cleaning costs arising as are sult of the Hirer failing to do so.

5.3.The Company reserves the right to apply concession Hire Charge rates to anyHirer at its complete discretion.

6. WITHDRAWAL OF FACILITIES

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6.1. The Company reserves the right to close or prohibit the use of any of the Facilities or any part of the Hub if it considers the same to be unfit or unsafe for use or there is some other good reason why they should not be used for the purpose(s) for which they are hired or are being used.

6.2.If the Company exercises in relation to the Facilities the right reserved underCondition 6.1 a pro rata refund of or allowance against the Hire Charge shall be made to the Hirer but the Company shall not be liable to the Hirer for any loss, damage, actions, claims and proceedings arising from the exercise of its rights by the Company.

7. SUPERVISION AND CONTROL

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7.1. The Company reserves the right to refuse to admit to the Facilities of the Hub any person whose presence is considered by the Company at its own discretion to be undesirable, or any person who is subject to a ban imposed by the Isle of Man courts in respect of their entering onto licensed premises, and the right to require any such person to leave the Facilities or the Hub.

7.2.It is the responsibility of the Hirer to ensure all applicable safeguarding requirements have been fulfilled and any necessary procedures are in place.

8. LIABILITY OF PARTIES, INDEMNITY, INSURANCE

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8.1. The Hirer shall indemnify and keep indemnified the Company against all injury, loss, damage, claims, actions, costs and proceedings in connection with or in any way arising out of theContract or the use of the Facilities (save for death or personal injury caused by the Company’s negligence, or for fraud or fraudulent misrepresentation).

8.2 The Hirer must effect such policy or policies of insurance as are adequate to cover its prospective liabilities in connection with this Contract and the Hirer’s use of the Facilities, including cover against any liability to third parties which he, or any person or party under his control or for whom he is responsible may incur in connection with or in any way arising out of the Contract or the use of the Facilities and the Hub and shall produce to the Company on demand (whether before or after the commencement of a Hire Period) satisfactory evidence of such cover.

8.3. The Company shall not be liable for any injury, loss, damage claims, actions, and proceedings howsoever arising from the Contract or from the use of the Facilities or from any act or omission of the Hirer or any other person save that this Condition will not exclude theCompany’s liability for fraud or death or personal injury caused by theCompany’s negligence.

8.4. The Hirer shall pay to the Company(or the Company may hold back any deposit) on demand the cost of repairing or making good any damage (fair wear and tear excepted) to premises, fixtures or fittings caused by the Hirer or by persons using the Hub pursuant to theContract.

8.5.If there are two or more persons designated by the expression “the Hirer” all obligations or strictures on the part of such persons under the Contract are deemed to apply jointly and severally.

 8.6 The Hirer shall not do anything which will or might vitiate in whole or in part any insurance effected in respect of the Hub or theFacilities from time to time.

9. MAXIMUM NUMBER OF PEOPLE AND USE OF FACILITIES

9.1.The legal capacity for the area(s) known as Roly’s Room andKelvin’s Room within the Facility is 60 persons each or 120 persons combined.  The legal capacity for the area known as Tom’s Room within the Facility is 47 persons.  The legal capacity for Kelvin’s, Tom’s and Roly’s rooms combined is 160 persons.  The maximum number of persons permitted to use or be present at the use of the Facilities shall beat the absolute discretion of the Company taking into account all circumstances considered by the Company to be relevant (such as the nature of the Facilities, the time and period of hire, available car parking, other contemporaneous activities at the Hub, available toilet facilities).    

9.2. If the Company considers that the Hirer is not making full use of the Facilities the Company reserves the right (without making any refund) to re-allocate any unused parts thereof.

9.3. In respect of any event or proposed use of the Facilities, the Hirer must provide a sufficient number of , suitable and qualified stewards, such stewards to be agreed with and identified to the Company prior to the event commencing.

9.4. It is the Hirer’s responsibility to read and inform all participants in their session of any restrictions that are in place at the time of their booking. The Hirer also acknowledges responsibility to ensure all participants and spectators follow the requirements of any restrictions and further acknowledge and accept that they shall remain at all times responsible for all acts or omissions of each participant or spectator relating to their booking.

10. SAFETY AND OTHER REGULATIONS,LICENCES, CONSENTS, ETC.

10.1. The Hirer shall conduct themselves in an orderly and well-behaved manner and conform in all respects to all laws, regulations or bye laws which govern the use of the Hub for the time being and shall ensure that all other persons using or present at the Facilities pursuant to theContract do likewise.

10.2. The Hirer shall obtain and renew as necessary (and produce to the Company upon demand) any licences, qualifications, safeguarding requirements, consents or permission required bylaw or recognised governing body for the performance of the Contract and shall comply with the terms thereof and with all statutory requirements and other legal obligations relevant to the Contract.

10.3. The Contract shall not constitute any licence, consent or permission required of the Company for compliance with Condition 10.2. Any such licence, consent or permission must be separately applied for and obtained.

10.4. By virtue of the Contract theCompany grants the Hirer as owner (or as the person entitled to immediate possession) of the Hub, licence to use the Facilities for the Hire Period, such licence is personal to the Hirer (and is not transferable) but confers no further right or interest in the Hub to the Hirer.

10.5. The Hirer shall ensure that all fire exits and corridors remain unobstructed throughout the Hire Period and are left unobstructed.

10.6. The Hirer shall make themselves available to receive details of the Hub’s emergency action plans and comply with those plans at all times.

10.7. The Hirer may be required to provide appropriate evidence of risk assessments and other relevant health and safety documentation required to perform the event and related activities.

10.8.The Hirer shall ensure that at all times it complies with all relevant laws and regulations including but not limited to  requirements in respect of safeguarding, police checks and that any policies or similar documents required to be maintained by the Hirer in connection therewith are made available for inspection by the Company on request.

11. PROHIBITED ACTIVITIES

11.1. No food or drink (other than as required under a specific medical condition) shall be brought into or consumed at the Hub without prior written consent of the Company. Application for such consent shall be considered only if made not less than 7 days before the relevant Hire Period commences and if accompanied by full details of the proposed arrangements.

11.2. The public address system at the Hub shall not be used unless the Company agreed otherwise and the Hirer shall in any event ensure that no alterations are made thereto.

11.3. No bicycle or any other thing on wheels (other than a wheelchair for the use of a disabled person or a pram, push chair or similar for the carrying of a child) shall be brought into the Hub without prior written permission of the Company.

11.4.No dogs or other animal except a guide dog being used by a person with a disability shall be brought into the Hub without written permission of theCompany. A person exercising control of a dog in the Hub shall comply with any directions given by or on behalf of the Company.

11.5. No gaming, games of chance, sweepstakes, lotteries nor any other form of staking, betting or gambling, whether or not for winnings in money or money’s worth, whether or not any person playing the game is at risk of losing any money or money’s worth, shall take place at the Hub without the prior consent in writing of the Company.

11.6. Save for mobile telephones which incorporate a camera, no cameras of any kind (including those designed for still, cinematic, or video film) or other photographic equipment shall be brought into the Hub without prior written permission by the Company.

11.7. No sound or visual broadcasting or filming rights or options shall be granted by the Hirer or any agreement made by the Hirer with a third party in respect thereof without the prior written consent of the Company. The Company reserves the right (before or after giving consent) to be a party to any negotiations and any agreement involving the Hirer and a third party. The consent of the Company shall in the absence of express words to the contrary be conditional upon the Company receiving such publicity benefits as shall be agreed and such part of any income arising in respect of the said rights or options as shall be agreed and if all such matters as to publicity and income are not agreed before the commencement of the relevant Hire Period three quarters of all income of the Hirer his agents or nominees arising from such rights or options or from any agreement in respect thereof shall be paid to the Company forthwith.

11.8. The Hirer shall not make or permit to be made any alterations to the Hub nor shall the Hirer fix or cause to be fixed any apparatus, equipment, notice or decoration without the previous written permission of the Company.  No sellotape, blu-tac or other fixing shall be permitted in any event on any painted wall or fixture.

12. ENVIRONMENTAL SENSITIVITY

The Hirer is required to make every effort to minimise the impact of their hire on the local environment. This is achieved by requesting that Hirers, subcontractors, stewards and guests enter and exit the buildings in an orderly fashion, minimising noise and litter disruption whilst following specified traffic management routes.

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