Because we can accept your Order and thus make a legally enforceable agreement without further reference to you, it is important to you to read our Conditions carefully and to make sure that they contain everything which you want and nothing that you are not willing to agree to as they form part of our Contract with you.
1. Interpretation
1.1 The following words have these meanings throughout the Conditions: Conditions means the terms and conditions set out in this document; Contract means the legally binding agreement between you and us for the sale and purchase of Services which incorporates these Conditions; Goods means any ancillary goods provided in addition to the Services; Order means your order for the Services from us, as set out in your order or booking; Fort means Polhawn Fort, Military Road, Rame, Torpoint, Cornwall, PL10 1LL; Services means the services of the description and any related documentation set out in your Order; We, us or our means Polhawn Fort Partnership of Military Road, Rame, Torpoint, Cornwall, PL10; fax number: 01752-822341; telephone number: 01752-822864.
2. Application of these conditions and contract formation
2.1 Any estimate provided by us for the provision of Services before you submit an Order is not a binding offer by us to supply Services. When you place an Order to purchase Services from us, you are just making a binding offer to purchase those Services in accordance with these Conditions.
2.2 The Contract will be formed for the Services, only upon our acceptance of your Order or, if earlier, our delivery of the Services to you. Unless we inform you otherwise, you will be required to pay an initial non-refundable deposit equivalent to one third (1/3) of the total estimated charges before we will accept your Order. No variation of the Contract, whether about description of the Services, price or otherwise (including changing the date), can be made afterwards unless the variation is agreed by you and us together with any additional charges which are due as a result. A non-returnable Final payment of balance will be due 20 weeks before start of booking period.
2.3 You are responsible for ensuring that all users, guests, relations, contractors, employees and any other persons you invite onto our property adhere to these Conditions and you are responsible for any damage, costs, expenses or losses we suffer as a result of their actions.
2.4 No employee or contractor of Polhawn Fort is able to alter or over-ride these terms and conditions without confirmation in writing from the owner of Polhawn Fort
3. Charges and Payment
3.1 The charges, and any additional delivery or other charges or costs for each of the Services will be calculated as notified to you shortly before or at the time of your Order.
3.2 If we provide an estimate, we can charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular if; what you require us to do changes, or the amount of work or Services you require us to provide increases or is different from what we and you agreed before we started performing the Services; or when we start performing the Services, it becomes apparent that the extent of Services we will need to perform or the type of work that is involved is different from what we agreed before we started performing the Services, and we could not have reasonably foreseen this before we started performing the Services.
3.3 Where the extent of work involved is greater than that stated in the estimate, the following will happen; if the extra time we need to spend to finish performing the Services means that the extra amount payable by you will not exceed 15% of the amount stated in the estimate, we may carry on providing and completing the Services without obtaining your agreement; otherwise we will not continue performing the Services until we have obtained your approval of the extra amount that you will need to pay.
3.4 The charges do not include the price of any Goods unless expressly stated otherwise in the Order or these Conditions. Any Goods will be charged in addition to the cost of the Services at our standard rates at that time.
3.5 Gas and electricity and water charges are included in the cost of hire.
3.6 Unless we inform you otherwise and subject to us agreeing to vary the date that the Services will be provided, an administration fee will be charged for each change of date of the Services.
3.7 We can invoice you for the Services, in advance. You must pay all invoices in full within 7 days of the date of the invoice and you must pay us in full for all the Services before delivery of any of the Services. Further, unless we inform you otherwise, the final balance will be due no later than 20 weeks prior to the date the Services are to be provided. All payments are non refundable except for the refundable Security Deposit
3.8 Failure to pay any invoices on time or within seven days of their due date will be a breach of the Contract by you and we can, at our own discretion, cancel the Order and the Contract and re-sell any Services to third parties.
3.9 Unless we inform you otherwise, a returnable Cautionary Deposit of £1000 against breakages and damage is payable with your final payment twenty (20) weeks before your booking start date. Subject to any required deductions for money you owe us under this Contract or otherwise, the balance of this Cautionary Deposit will normally be returned to you within 21 days after the conclusion of the Services. Serious infringement of any of the terms and conditions under clause 6 will automatically result in the entire forfeiture of the cautionary deposit.
3.10 An additional charge of £250 will apply to a second day of music, entertainment or licensable activity.
3.11 Any agreed price includes VAT at the prevailing rate at the time the Contract is entered in to. Any VAT increase/decrease will be applied to all outstanding balances due from you.
4. Conformity
4.1 We have a legal duty to supply the Services in conformity with the Contract, including these Conditions. The Services will be provided with reasonable skill and care.
5. Insurance
5.1 It is a requirement and a term of the Contract that within seven days of booking you take out Event Insurance for any event you hold at the Fort. Such insurance must have a minimum £2 million public liability cover and the venue cancellation cover section must cover the full cost of your booking with us in case for any reason either you or we are forced to cancel the booking. A further condition of our contract with you is that you ensure that equivalent insurance cover is in place for any of your suppliers including any caterer or bar supplier.
5.2 Proof of insurance must be provided by you to us within seven days of being requested by us. We reserve the right to withhold part or all of the cautionary deposit or to cancel the Contract for infringement of this condition by you.
6. The Fort
The following terms and conditions apply to the Fort and the surrounding areas. Serious infringement of any of these terms and conditions will automatically result in the entire forfeiture of the cautionary deposit and could result in civil or criminal action being taken against you.
6.1 Registration of Marriages & Civil Partnerships: All arrangements with the Registrar’s Office are entirely your responsibility. You are required to ensure that the Registrars have a private space for thirty minutes prior to the ceremony for meetings between the engaged couple and the registrar. We accept no responsibility for a refusal or failure on the part of the Registrar to carry out a ceremony and your obligations under the Contract remain. It is at the discretion of the Registrar on the day if the ceremony can take place outside. It is a requirement of the Registrar’s Office that two car parking spaces are provided for the duration of the ceremony.
6.2 Music: Amplified music is prohibited outside of the Fort. This includes, but is not limited to, pianos, amplified guitars, sound systems and juke boxes. Amplified music can only be played outside during the ceremony and must be under the control of a member of our staff. This is limited to one entrance piece, up to two pieces during the signing of the register and one exit piece or four pieces in total. Amplified music can only be played using our sound system which will be set up prior to the ceremony and removed at the end of the exit piece. Steel, Brass or Percussion instruments are prohibited outside of the Fort this includes Saxophones. Instrumentalists including, but not limited to, violinists, harpists and acoustic guitarists are permitted to play outside of the Fort. Approval must be gained from us in writing at least 12 weeks in advance. Microphone use and amplification of such are prohibited outside of the Fort. We reserve the right to refuse any entertainers that have not been agreed in writing by us a minimum of six weeks in advance of your booking start date. Regulated entertainment must stop at 12:30am. Live bands must stop at 11pm. Live bands must have no more than 7 members. Windows and doors must be kept closed when music is playing. No amplifiers or speakers are to be brought into the Fort. If the decibel level exceeds 95 decibels you will be asked to reduce sound levels to an acceptable level. In the event that the sound levels continue to be exceeded the entertainment will be stopped. We reserve the right to refuse any TENS licence agreement taking place at the Fort. Silent discos are not allowed at any time.
6.3 Capacity: The maximum number of guests including the engaged couple and children and babies that we accept is 100 persons at any one time. The maximum number of additional persons to help with the wedding including any staff, suppliers and Registrars must never exceed 20 so that at any one time there are never more than 120 persons on the premises. This total number of persons cannot be extended when using a marquee in the grounds.
6.4 Sale of Liquor: No alcohol is to be consumed in the wedding ceremony area for one hour preceding the official ceremony. Any alcohol that is paid for by guests comes in accordance with the Licensing Act 2003. As such every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. A copy of this personal licence must be supplied to the Polhawn Fort office 12 weeks prior to the event date. The sale of liquor must cease by 12.30am. Residents and bonafide guests may consume alcohol of their own supply at any time.
6.5 Fireworks, Sky Lanterns & Balloons: Fireworks & sky lanterns are prohibited on any part of the Fort grounds including the beach and failure to adhere to this condition could result in civil proceedings taken against you. Balloon releases are also prohibited from the Fort grounds and beach. Firework displays to take place in the field above and behind the Fort can be arranged with the farmer of Penmillard Farm under their terms. All displays must be carried out by a duly licensed company and an insurance certificate must be presented to us a minimum of 12 weeks before the start of your booking. All displays must be finished by 10pm at any time of the year with the exception of June when this may be extended to 10.30pm. We do not accept any liability for injuries or losses incurred as a result of these activities.
6.6 Marquees & Suppliers: Marquees are prohibited on the main middle lawn. Marquees can be used on the lower and top terrace and may be used to cover all or part of the bridge at the side of the Fort to the lawn and the roof terrace. Any hired or bought in goods, including, but not limited to, chairs, chair covers, marquees, and supermarket/wine deliveries, cannot be delivered to the Fort in advance of 4:00pm on your arrival date and must be collected prior to you leaving the Fort and in any case by 10:00am on the morning of your departure. We may, at our own discretion, accept earlier deliveries if made in writing six weeks in advance. We accept no liability for loss, damage or quality of work from any supplier that we recommend.
6.7 Confetti: Biodegradable confetti and flower petals can be used outside of the Fort. Rice, plastic and non-biodegradable confetti is prohibited.
6.8 Pets: Pets other than dogs are only allowed with prior written approval from us and are entirely at our discretion.
6.9 Furniture: All furniture movement is your responsibility and must be replaced to the original position upon departure.
6.10 Fort Supplies: Bed linen, hand towels and bath towels for up to 24 people are included in the cost of the Services. Ben linen and towels are not included for the extra mattresses or the travel cots. Cutlery, crockery, glassware, tables and chairs for 100 are included in the cost of the Services. A kitchen inventory can be supplied on request and includes a basic selection of utensils and equipment. Any caterer you hire will be required to provide the equipment and utensils they need to cater for the event. In the event that you, or your caterer hires in cutlery, crockery or glassware, you must ensure that it does not match or get confused with the equipment that we provide.
6.11 Decoration: Floral arrangements and other decorations are accepted throughout the Fort and the grounds using the fixings already provided. Additional fixings cannot be put into any walls, arches or the fabric of the building. Picking of flowers or greenery from our grounds and the drive are prohibited. We reserve the right to change our own furniture fixings and fittings and decor without notice.
6.12 Smoking: Smoking is prohibited inside the Fort.
6.13 Electrical products: Any electrical items brought into the Fort must be in safe working order and comply with all applicable standards and regulations.
6.14 Lost Property: Any personal property that we find following your departure will be stored at the Fort office for a limited period of four weeks. Any items unclaimed after four weeks will be donated to charity or disposed of. Any lost property that has been claimed by the owner will be held at the Fort office for a limited period of two months. Claimed lost property can be returned to the owner at the owner’s expense. The owner must supply a paid, self-addressed postal bag for the return of the lost property.
6.15 Parking: Access to the disabled access must remain clear for the duration of your booking at Polhawn Fort. The turning circle must also remain free from vehicles at all time to ensure ease of access for all vehicles.
6.16 Drone Operators: All drone operators must abide by the CAA Drone Code. All commercial drone operators must provide evidence of CAA permission and public liability insurance to fulfil their legal obligations. Drones must not get any closer than 50 m of any of the neighboring properties.
7. Excluding liability
7.1 We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, or for fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made or (ii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a consumer (this is because we believe that you are not buying the Services wholly or mainly for the purposes of your business, trade, craft or profession) or (iii) lost or damaged property belonging to you or any of your guests or (iv) any liability for loss, damage, costs or quality of work from any supplier that we recommend or (v) any compensation in the event that the Fort is unusable for the Services to be provided or for any loss or consequential loss whether or not arising from insufficient Event Insurance as required in Clause 5.
8. Duration, termination and suspension
8.1 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach of the Contract and the breach either cannot be fixed or is not fixed within a reasonable period of the written notice.
8.2 We reserve the right to terminate the Contract in advance of the booked period if we have reason to believe that you are intending to commit a breach of our Terms and Conditions and we will accept no liability to refund you any sums of money.
8.3 We reserve the right to terminate this contract in advance of the booked period for any reason including Force Majeure circumstances including unforeseeable circumstances that are external to the parties of the contract and serious enough that it renders it impossible to perform the contractual obligations and our liablity will be limited to such sums of money that you have paid to us.
8.4 On termination of the Contract for any reason, any remaining rights and liabilities of you and us will not be affected.
8.5 In the event that you cancel the Contract, any deposits or other sums paid by you to us will be forfeited and you will be liable for all other final balances and payments due to us as if the Services had been provided in full. In these circumstances we reserve the right to make such use of the Fort during the contract period as we decide without reference to you, including the right to rehire the Services to another party without compensation to yourself.
8.6 If a completed signed booking form (contract) is not received within 4 weeks of its issue (upon receipt of your deposit payment) we reserve the right to cancel your reservation and you will forfeit your deposit.
9. Successors and our sub-contractors
9.1 In the event of your Contract being forfeited in any way we alone can transfer the benefit of the Contract to someone else, and you remain liable to us for your obligations under the Contract.
10. Data protection and privacy
10.1 We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Services and handle your payment for them and with your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, that you will tell us promptly.
11. Governing law, jurisdiction and complaints
11.1 The Contract, including these Conditions, is governed by the law of England and Wales.
11.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales. We will do our best to avoid any dispute and make sure you are happy.
