Terms & Conditions

The Contract

1. Your contract is with D.C.Hughes Falmouth Limited (company number 6678201) whose address is  Falmouth Golf Club, Swanpool Road, Falmouth TR11 5PR, trading as Above the Bay .

Making Your Booking

2. If we agree to your making a provisional booking with us we will send you a booking form and hold the provisional booking for 7 days. There will be no  legally binding contract between you and us until (a) we have received  your completed booking form signed by both of you  (b) we have received your payment of the deposit of 10% of our estimated total charge and (c) we have sent our confirmation of booking to you.

3. Payments can be made  either by bank transfer, by debit card or by credit card with the addition of the credit card charge (0.7%) on bookings £1,000 total or over. Please note that your deposit will not be refunded if you subsequently cancel a confirmed booking.  If we do not accept your booking, we shall of course return your deposit.

Your Wedding Package

4. The general content of your wedding package is set out in your booking form or as otherwise subsequently agreed with us in writing. You will need to choose your wedding breakfast menu, with three choices for each of three courses, from our wider Weddings Menu in time for it to be printed and sent out with your invitations. You will need  to let us know the final estimated number of guests and their choices from your menu by no later than 28 days before the wedding day.

Price

5. Our charges are set out in the booking form, based on a room charge and a price per head  for the estimated number of guests (including the bride and groom) for the wedding breakfast stated on it (“the original estimate”).  If the final estimated number of guests notified to us under 4 above is more than the original estimate, we will charge for the additional numbers at the stated rates per head; if the number is less than the original estimate the numbers charged per head will be reduced accordingly subject to a maximum reduction of 10% of the original estimate. We will charge for any later additional guests for the wedding breakfast at the stated rates. The booking form sets out the amount and timing for payment of each instalment of our charges.

6. All prices are inclusive of VAT.  If the rate of VAT changes after  the date of our contract with you  and before you have paid our charges in full we will have to apply the new rate of VAT to the whole of our charges, as a result altering the total you pay.

7. Your Responsibilities

7.1 It is your responsibility to book the Registrar for your wedding. If you have not booked the Registrar before making your booking application with us, we advise you to do so as soon as possible after you have received our confirmation of booking.

7.2 You must comply with, and use your reasonable endeavours to ensure that your guests comply with, all of our reasonable instructions intended to ensure the safety of property and/or people at the venue.

7.3 You must provide your guests with such information we may reasonably request regarding arrangements to be followed at the venue (for example, in relation to car parking or the storage of valuables).

7.4 You will be liable for any damage you or your guests or your contractors cause to the venue, its equipment, contents or fittings.

7.5 We strongly advise you to arrange wedding insurance, which is widely offered on the internet.

Third party suppliers

8. Details of third party suppliers we provide to you are intended to help you in arranging other services to be provided in connection with your wedding. If you do engage these or any other third party suppliers, we accept no responsibility for their performance of services and you should take up any complaints with them directly. You are also responsible for paying their charges directly. We reserve the right not to allow into the venue any third party suppliers who do not meet our requirements intended to ensure the safety and welfare of property and people at the venue.

Cancellation by You

9.  If you want to cancel a confirmed booking, you must do so in writing. The 10% deposit will not be returned and further cancellation charges will apply as follows:

If you cancel:

more than 6 months before the wedding day, 20% of our estimated charges;

more than 3 months but less than 6 months before the wedding day, 40% of our estimated charges;

more than 28 days but less than 3 months before the wedding day, 60% of our estimated charges;

28 days or less before the wedding day, 80% of our estimated charges.

We will invoice you for these charges, crediting any amounts already paid except the 10% deposit; any balance will be payable within 28 days, by you or by us as the case may be.

If we sell your wedding day date for another function we will refund a fair proportion of any cancellation charges you have paid, excluding the 10% deposit.

Cancellation by Us

10.  We reserve the right to cancel your booking without liability to you and without any obligation to refund your deposit if:

1. 1. you do not pay us the balance of our charges  by the date due for such payment; or
   2. we have reasonable grounds to believe that you may not pay us the balance of your wedding package price by the due date and we have requested you to explain the position and you have not done so satisfactorily; or
   3. we discover, before you have paid the balance of your wedding package price, that you have deliberately concealed information, or deliberately given us incorrect information, about your intended wedding in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your booking; or
   4. we have reasonable grounds to believe that your behaviour or that of your guests at the wedding is likely to result in damage to the venue or to our property and/or injury to people.

11.  If we cancel your booking for any reason under clause 10, you must pay us for any losses and costs we suffer because of the cancellation which were reasonably foreseeable to both you and us when the contract was entered into, whether or not we are able to resell the date. Depending on when we cancel, the cancellation charges you must pay will be determined by reference to the table set out under clause 9 above.

Events Outside our Control

12. Except as set out in this clause, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (such as serious damage to the venue, serious adverse weather conditions, a pandemic or epidemic, or interruption or failure of utility services such as electric power, gas or water). In these circumstances, we shall use every effort to notify you as soon as is reasonably practical. If, because of such events, we believe we have no reasonable alternative, we may cancel your booking;  in that case , we will use reasonable endeavours to help you find an alternative venue of a similar standard for a similar price but our sole liability to you will be to refund you any money you have paid towards  our charges.

Limitation of our Liability to you

13.  Subject to clause 14 our total liability to you for any loss or damage you suffer in connection with this contract will be limited to the total amount of money you have paid to us under this contract. We will not be liable for any loss which was not reasonably foreseeable to both you and us when the contract was entered into or for any loss that was not caused by any breach of contract or breach of statutory duty or negligence on our part.

14. Nothing in these terms excludes or limits in any way our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other matter  which it would be unlawful for us to exclude or limit (or attempt to exclude or limit) our liability.

Changes to the Venue and/or Your Wedding Package

15. We reserve the right to make changes to the interior and/or exterior of the venue between the time we accept your booking and the date of your wedding. For example, we may make changes to the décor and colour schemes.

16. We will use all reasonable endeavours to ensure that no components of your wedding package have to be altered. However, as the wedding package is normally put together a long time before your scheduled wedding, we reserve the right to make changes to certain components if this is necessary to comply with safety requirements or other changes in law or relevant codes of practice, or to make other minor changes which we reasonably believe will not be to the detriment of your overall wedding experience and which will not increase the price.

17. We will notify you of any significant changes covered by clauses 15 and 16 but unless the change is one which is likely to fundamentally change the nature of your wedding experience we will not offer a refund, costs or compensation.

18. We regret that, other than guide dogs, hearing dogs and other assistance dogs, no pets or other animals are allowed in our building  except by special arrangement previously agreed in writing.

General

19. Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

20. You may not transfer any of your rights or obligations under this contract to another person.  We can transfer all or any of our rights and obligations under this contract to another organisation, but this will not affect your rights under these terms.

21.  If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

22. No person who is not a party to our contract with you shall have any rights under or in connection with it.

23. These terms shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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