TERMS AND CONDITIONS

1. DEFINITIONS

1.1       In these Contract Terms, the following words and expressions have the given meanings:

2. BOOKING FEE AND SECURITY BOND

2.1       A Booking Fee (this is not a deposit) is required at the time of booking to reserve your wedding date. The amount of Booking Fee applicable to your Booking is stated in your Quote and Contract. The Booking Fee covers services relating to, but not limited to, reserving the date in our diary and administration charges for the preparation of your booking, Contract and Wedding Hub.

• The Booking Fee is held for a 14-day cooling-off period and to allow for preparation and signing of the Contract. After this time, it becomes non-refundable and will not be refunded in the event of any cancellation (see Contract Term 9 – 11). The Booking Fee forms part of your initial Wedding Payment.
• A Security Bond is added to your final payment 6 weeks before your wedding. The amount of Security Bond applicable to your booking is stated in your Quote and Contract. This Bond is kept separately from your wedding payments to cover costs including, but not limited to, the cost of any damage, theft or loss (see Contract Term 16). This, minus any deductions under these Contract Terms, will be refunded to you within seven days after your wedding date.

*Coronavirus Note: We acknowledge the difficulties in choosing a wedding venue and not being able to make a personal visit. We are therefore charging a Holding Fee that is 50% of the normal Booking Fee until a visit can be made in person. At this point the balance of the Booking Fee is due and the wedding payments will begin (see Contract Term 4). This note remains applicable until such time that Government allows free movement of individuals within England in the first instance and at our discretion in the second instance. It is expected that you will arrange to visit the venue within 30 days of travel restrictions being lifted.

3. VALIDITY

•  The Wedding price quoted is valid for 7 days from the date your Quote is issued. Once the Contract is signed the Price is fixed unless otherwise stated.

4. WEDDING PAYMENT

• • Full payment for your wedding is required 6 weeks prior to the Wedding Date and the schedule for payments is set out below based on an example 12 month Booking Period. Note, your Quote will specify any variation to the schedule set out below:

• A non-refundable Booking Fee (the amount is detailed in your Quote)
• 25% due – 14 days from Booking Date (includes your Booking Fee)
• 25% due – 9 months before Wedding Date.
• 25% due – 6 months before Wedding Date.
• 25% due – 3 months before Wedding Date.
• Security Bond plus any additional expenses relating to your wedding adjustments – 6 weeks before Wedding Date.
  • All payments must be made on account via Bank Transfer/Bill Payment to:
• Account Name: Cote How Lake District Weddings
• Sort Code: 40-26-02
• Account No: 01527258

5. INSURANCE

5.1       Subject to Contract Term 5.3 below, you are required, as part of your Booking with us, to obtain wedding insurance that provides (as a minimum) sufficient cover for the risk of your Booking being unable to proceed as a result of an Unexpected Event. This is due to your financial commitments to us if your Booking is cancelled because of an Unexpected Event. You are also recommended to consider more comprehensive wedding insurance against your other risks (such as potential financial commitments to other suppliers for your wedding and your own expenditure if, for any reason other than an Unexpected Event, your Booking is cancelled or otherwise disrupted).

5.2       As part of your above obligation and our further recommendation to insure, we strongly recommend that you check with your insurance provider that the policy sufficiently covers your particular circumstances. For example: your payment obligations to us (and other wedding suppliers etc.) if your Booking is cancelled or postponed and other losses due to an Unexpected Event.

5.3       If you choose not to, or are otherwise unable to obtain wedding insurance that provides sufficient cover for your risks under your Contract, you agree that this is at your own risk. We will, however, not treat you choosing not to take out insurance (or being unable to obtain insurance) as a breach by you of your Contract.

5.4       Should the wedding not go ahead for whatever reason, you will be charged the Cancellation Costs set out in Contract Terms 9 to 11, and for that reason insurance is strongly recommended.

6. NON-PAYMENT

• If payment is not made in full, in accordance with the payment schedule under Contract Term 4, we reserve the right to:

• Refuse to hold the wedding and treat non-payment as cancellation by you under Contract Term 9 and apply the Cancellation Charges thereunder. We will notify you in writing if we treat the contract as cancelled.
• Charge interest at 8% per annum calculated daily from the date the payment was due, to the date payment is made.

7. VAT

• • All prices quoted, and optional extras are inclusive of VAT at the rate applicable at the time of invoice.

8. ADDITIONAL CHARGES

• • Any major changes or amendments will incur additional charges.
  • Major changes are:

• Postponement of the wedding to a new date within the same financial year (on or before next 31 March after the original wedding date) will incur an additional charge equivalent to 15% of the original Wedding Price, unless the cause is an Unexpected Event as defined in Contract Term 11, in which case postponement will be free-of-charge within the same financial year.
• If you wish to make a further postponement within the same financial year, this will be deemed a cancellation and charges will apply in accordance with Contract Terms 9 to 10. You may then re-book, but the wedding will be re-charged at the prices applicable at the time of re-booking.
• Postponement of the wedding to a new date in the next financial year (after next 31 March after the original wedding date). This will be deemed a cancellation and charges will apply in accordance with Contract Terms 9 to 10. You may then re-book, but the wedding will be re-charged at the prices applicable at the time of re-booking.
• Upgrade of wedding style. For example, upgrading from an “Elopement for Two” to an “All-Inclusive Wedding for 12” – This is a variation to the contract and will incur an administration charge of £250.
  • Any changes made to the contract will be re-priced at the current pricing and will be payable in full when the final balance is payable.
  • Minor changes to the contract are permitted without charge, provided they are submitted in writing and received no later than six weeks before the wedding date.
  • Minor changes are:
• Any adjustments to guest numbers, type of food or drinks.
• Downward changes are permitted but must be within 10% of the originally agreed figures on the contract.
• Downward changes will be calculated at the originally quoted pricing.
• Downward adjustments will be re-calculated, and the final invoice adjusted before the final balance is due.
• Any further downward changes after this point will not be refunded.
• Upward changes are only permitted if capacity allows, for the wedding style chosen, and by the prior agreement of Cote How.
• All changes will be calculated at the current pricing and added to the final invoice, which must be paid 6 weeks before the Wedding Date.

9. CANCELLING YOUR BOOKING

Cancellation By Venue

9.1 The following paragraphs broadly cover three scenarios:

• • You fail to pay OR commit a serious breach of the Contract Term(s)
  • Cote How cancels the Booking due to no fault of your own (or any Unexpected Event)
  • Cote How cancels the Booking for another reason.

9.2 We may cancel your Booking with immediate effect by giving you notice in writing (including by email) if:

• • • you fail to pay any of the Scheduled Payments when they are due and you have not made payment within 28 days, or, if non-payment is within 9 months of your Wedding Date, 14 days, after being asked by us in writing to make such payment. In this situation, the cancellation will take effect on the date that the Scheduled Payment was originally due; or
    • you commit a serious breach of any of your obligations under your Contract and do not remedy this breach within 14 days of being asked by us to remedy the breach, or you otherwise indicate that you intend to commit a serious breach the terms of your Contract (including the Venue Rules).

9.3 A ‘serious breach’ includes any failure to make Scheduled Payments, and also:

• • • any breach of your Contract which breaches any law or regulatory requirement poses a health, safety or fire risk or which otherwise jeopardises any of our operating licenses;
    • you demanding that we do anything that we cannot or should not do (due to such action breaching any law or regulatory requirement, posing a health, safety or fire risk or otherwise jeopardising any of our operating licenses), or you otherwise demanding that we permit you do anything that breaches any law or regulatory requirement, poses a health, safety or fire risk or otherwise jeopardises any of our operating licenses, after we have informed you that it is not permitted.

9.4 If your Booking is cancelled in any of the above scenarios, you agree that the Cancellation Costs set out in the ‘Cancellation Costs Table’ (Contract Term 10) below will apply and be payable by you to us. We will also not be responsible for any costs that you continue to incur despite your Booking being cancelled. For example: non-refundable payments to other suppliers for services you have booked.

9.5 We will take reasonable steps to mitigate our losses that result from your cancelled Booking. The Cancellation Costs will be subject to deductions (in the form of a refund at a later date) to the extent that we are able to mitigate our losses wholly or in part (for example, by reselling your cancelled Booking), subject to any such deductions to account for losses we are not able to mitigate.

9.6 We also reserve our right to cancel your Booking with immediate effect by giving you notice in writing if you engage in unacceptable conduct and have persisted with such unacceptable conduct for more than 14 days after we have asked you to stop. Any such cancellation will remain at our discretion. We treat the following as examples of unacceptable conduct:

• any threatening, abusive or derogatory behaviour towards our staff (which includes verbal and written abuse, comments and remarks) or conduct intended, or which is likely, to have the effect of damaging our reputation;
• you failing to provide mandatory information we require from you to carry out our obligations under your Contract.

9.7 If we cancel your Booking due to no fault of our own (or any Unexpected Event, Contract Term 11) we will not be responsible for any costs that you may continue to incur despite your Booking being cancelled.

9.8 Unless we cancel your Booking because you have seriously breached the terms of your Contract, or due to an Unexpected Event (Contract Term 11), we will refund to you all payments made by you towards the Price. Please note that we may be entitled to retain our own proportionate expenses if you are also partly at fault and in breach of your own obligations under your Contract with us or have otherwise engaged in unacceptable conduct (for unacceptable conduct, see Contract Term 9 and its subparagraphs).

Cancellation by you (Client)

9.9       The following paragraphs broadly cover three scenarios:

• You cancel the Booking
• You cancel the Booking where Cote How is in breach of the Contract
• You cancel the Booking due an Unexpected Event.

9.10     You may, at any time, end your Contract with us. However, your rights to any refund of the Price, or part thereof, will depend on when you decide to end your Contract.

9.11 If you wish to cancel your Booking, for whatever reason, you must contact us in writing (which can be by email). Unless we agree otherwise with you, your cancellation will come into effect on the date that we confirm receipt of your request to cancel (which we will not delay unreasonably).

9.12 Please note: We will treat each written notice to cancel that we receive from you (even if from only one of you) as being communicated jointly for and on behalf of all Client(s) named on the Contract.

9.13 Cancellation where we are not at fault: Except as set out in Contract Terms 9.16 and 9.17 (due to our fault or Unexpected Events) below, if you cancel your Booking, you agree that the Cancellation Costs set out in the Cancellation Costs Table (Contract Term 10) will apply and you agree that they will be payable by you to us.

9.14 We will take reasonable steps to mitigate our losses that result from your cancelled Booking. The Cancellation Costs will be subject to deductions (in the form of a refund at a later date) to the extent that we are able to mitigate our losses wholly or in part (for example, by reselling your cancelled Booking), subject to any such deductions to account for losses we are not able to mitigate.

9.15 Upon your cancellation of your Booking, we will issue an invoice to you for any balance between the payments made and the Cancellation Costs, which you agree to pay to us (in cleared funds) within 14 days of the date of the invoice. If your payments towards the Price already made are more than the Cancellation Costs, we will refund the balance to you within 14 days of our confirming receipt of your request to cancel.

9.16 Cancellation where we are at fault: If we fail to perform our obligations to you under your Contract with reasonable care and skill or are otherwise in breach of our obligations to you, you are entitled to request that we re-perform those obligations within a reasonable period. Alternatively, you may request a partial refund to reflect those obligations under your Contract that we have failed to perform with reasonable care and skill.

9.17 If we fail to perform our obligations under your Contract with reasonable care and skill or are otherwise in breach of our obligations to you and re-performance or a Price reduction will not remedy our failure or breach, you are entitled to cancel your Contract with immediate effect and receive a refund of the Price you have paid. The Cancellation Costs set out in Cancellation Costs Table (Contract Term 10) will not apply. Please note that we may be entitled to a smaller, proportionate contribution towards Cancellation Costs if you cancel due to our fault, but you are also partly at fault and in breach of your own obligations under your Contract with us or have otherwise engaged in unacceptable conduct (for unacceptable conduct, Contract Term 9).

9.18 If you wish to cancel your Booking due to our delay, hindrance or prevention from providing the Venue and / or performing any of the Services due to an Unexpected Event, you will be liable only for the amounts set out in the ‘Unexpected Events’ Contract Term 11 and not the (higher) Cancellation Costs applicable to Client cancellations where there is no Unexpected Event.

9.19 Due to the nature of your Booking, the statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply. This is because your Booking is considered a leisure service activity and is booked for a specified date.

10. CANCELLATION COSTS TABLE – FOR CANCELLATIONS WHERE WE ARE NOT AT FAULT

10.1 The below Cancellation Costs have been carefully calculated as a pre-estimate only of our losses that directly result from your cancelled Booking. This includes the costs of services provided to you before cancellation, the unavoidable expenses we will incur and our direct loss of profit (including the value of your booked date and likelihood of us being able to rebook your cancelled Booking). The following example is based on a Booking made 12 or more months before the Wedding Date. For the specific details relating to your Wedding, please see your detailed Quote.

CANCELLATION COSTS TABLE

10.2     The above Cancellation Costs will not apply if you cancel because we have breached our own obligations to you under your Contract (see Contract Term 9.16 to 9.17).

10.3 Please contact us if you would like to discuss the Cancellation Costs and / or how we have calculated these.

11. UNEXPECTED EVENTS

11.1 An ‘Unexpected Event’ (otherwise known as a ‘force majeure event’) means a cause or circumstance not within our reasonable control (as listed below) which affects the performance of our obligations under your Contract:

• acts of God (flood, drought, earthquake, other natural disasters, severe weather warning or adverse weather event);
• collapse of buildings, fire, explosion or accident;
• epidemic or pandemic (this includes but is not limited to COVID-19), in each case including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) or outbreak at the Venue;
• terrorist attack, civil war, civil commotion or riots, war, the 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, including without limitation imposing an export or import restriction, quota or prohibition; and
• interruption or failure of utility service.

11.2 If we are delayed, hindered or prevented from providing the Venue and/or performing any of the Services due to an Unexpected Event we will contact you as soon as possible to let you know. We will also take reasonable steps to minimise the impact of such an Unexpected Event. Please Note: We will not be in breach of our obligations to you under your Contract to the extent we are delayed, hindered or prevented from doing so to you due to the Unexpected Event.

11.3 If an Unexpected Event occurs, we will discuss our proposed steps to minimise the impact of the Unexpected Event and your options with you. These options will differ on a case-by-case basis depending on the nature of your Booking and the impact of the Unexpected Event.

11.4 If we are unable to agree on a suitable option for you to minimise the impact of the Unexpected Event, you may contact us (or we may contact you) to end your Contract with us and cancel your Booking.

11.5 If your Booking is cancelled as a result of an Unexpected Event, you will be entitled to a refund of monies paid (or, where applicable, a release from further liability to make payment) under your Contract, less:

• our reasonable (“just”) expenses incurred in relation to your Booking up to the date of cancellation; and
• our unavoidable expenses we will incur in relation to your Booking after the date of cancellation (for example, expenses we are committed to paying to external suppliers and pre-ordered products that we cannot cancel).

11.6 Please note: when calculating our reasonable expenses incurred in relation to your Booking, we may include within these calculations our overhead expenses relevant to your booked Venue use and Services (for example, staffing and Venue maintenance costs to prepare the Venue and/or provide Services associated with your Booking).

11.7 An indication of the likely (maximum) expenses incurred by us as a percentage of the total cost of your Booking at various stages is set out in the ‘Unexpected Events Retained Costs’ table below:

UNEXPECTED EVENTS AND RETAINED COSTS TABLE

11.8 We will make every effort to calculate our reasonable costs as quickly as possible and will also deduct any costs we are able to mitigate. This includes if we receive payment under a relevant insurance policy.

11.9 Upon your cancellation of your Booking due to an Unexpected Event, if your payments towards the Price already made are more than the Unexpected Events retained costs, we will refund the balance to you within 14 days of our confirming our total retained costs. If your payments towards the Price are less than the Unexpected Events retained costs, we may at our discretion issue an invoice to you for the balance, which you agree to pay to us (in cleared funds) within 14 days of the date of the invoice.

11.10 If you wish to cancel your booking due to our delay, hindrance or prevention from providing the Venue and/or performing any of the Services due to an Unexpected Event, you will be liable only for the above amounts and not the (higher) Cancellation Costs applicable to Client cancellations where there is no Unexpected Event.

Minor changes to the Venue and/or Services 

11.11 We may change the Venue and/or Services without giving you prior notice if those changes are required:

• to reflect changes in relevant laws and regulatory requirements; or
• to implement minor adjustments and improvements.

11.12 These changes will only be made without your agreement if they do not negatively affect your use of or the value of the Venue and/or Services and the cause of any such change will not be treated as an Unexpected Event.

11.13 Minor changes may include us making cosmetic and/or structural changes to the Venue if we reasonably believe those changes will improve the Venue and/or Services for our customers.

12. PHOTOGRAPHS

12.1    Any photographs taken during the wedding may be used by Cote How for the purposes of marketing
12.2   ​Any photographer(s) employed by you to take your official wedding photographs must be selected from our Recommended Photographers List that can be found on Cote How’s wedding website. Our photographers have been carefully selected to ensure the smooth running of your wedding, have worked with us before and will provide a high standard of service to you. Should you wish to choose a photographer, not on our list, an agreement prior to booking must be sought from us in writing.
12.3   Any photographer employed by you for wedding photography that is not on our Recommended Photographers List, and/or not agreed by us in advance of your wedding, will not be permitted to work at Cote How.
Photography Note: Photographers on our list are there by invitation only. Cote How makes no financial gain from our recommended photographers.

13. CAPACITY

13.1 Cote How reserves the right to modify its stated guest number capacity at any time, either up or down to manage venue operations most effectively.

* Coronavirus Note: If Social Distancing measures are active then numbers must be adjusted to allow for this to be correctly followed in order to keep couples, guests and staff safe at all times.

14. LICENSING

14.1     In agreement with the licence granted to Cote How ‐ all doors and windows to the premises shall be kept closed after 21:00hrs. Outdoor music is limited to live acoustic only. Pre-recorded music is only available in the house or barn. Last orders at the bar and music must cease by 21.00 on weekdays and by 23:00 at weekends. No wine or other beverages or food may be brought into the house or grounds by you or your guests for consumption on the premises, unless pre‐agreed by Cote How.

15. SECURITY / HEALTH & SAFETY

15.1     Cote How reserve the right to open or close certain areas/parts of the venue at various times of the wedding day in accordance with their use and timing. We do not allow the use of drones without prior consent. We do not allow the use of fireworks or Chinese lanterns.

16. DAMAGES

16.1     Any damage to the house or grounds by any member of the bridal party will be the responsibility of the wedding couple. This particularly includes, but is not limited to, damage to the house’s wooden floors by wedding guests wearing stiletto heels. Heel Stoppers MUST be worn over heels and are available to buy on the day.

16.2     Cote How is not responsible for any damage, theft or loss of yours or your guests’ belongings whilst onsite. This includes wedding presents, cards, and cash.

17. COTE HOW REPUTATION

17.1     At the absolute and unfettered discretion of Cote How any function may be cancelled by Cote How even if paid in full, if Cote How has reasonable grounds for believing that the holding of such function would prejudice their reputation, good name, or standing (see also Contract Term 9.3)

18. SUBCONTRACTED WEDDING SUPPLIERS

18.1     Prior consent of Cote How must be sought for any suppliers contracted by you. You will be held responsible for any damage caused to the house, barn and grounds by themselves, a subcontractor or their guests and shall pay for such damage or loss of business caused as a result.

18.2     All service providers such as hairdressers, beauticians and entertainers must provide their own PAC tested equipment and Public Liability insurance and provide you with a certificate for each before working onsite.

19. OVERNIGHT GUEST ROOMS

19.1     Any bedrooms allocated and reserved will need to be paid for in full by the couple as part of the Wedding Price and then counter-charged to their guests as required.

20. CONSENT

20.1     On booking and paying your Booking Fee you are agreeing to these Terms and Conditions and the associated Venue Rules with Cote How, as herewith outlined. Cote How reserves the right to amend or add to these Terms and Conditions or Venue Rules from time to time. We will notify you in writing of any changes to these terms and conditions. Please refer to our latest Terms and Conditions here.

21. JURISDICTION AND THE LAW

21.1     This contract will be governed by and construed in accordance with the laws of England and Wales.

22. CORONAVIRUS

22.1     Cote How has implemented a range of measures to ensure that the health and safety of you, your guests and Cote How staff are not compromised. The measures put in place are outlined in our Coronavirus Policy document. Cote How may, as we considered necessary, provide specific guidance in relation to rules that apply to the venue in respect of the management of Coronavirus. It is your responsibility to ensure that you and your guests are fully conversant with the requirements of the Coronavirus Policy and any specific information issued to you by Cote How to keep you, your guests, Cote How and its staff safe at all times.