These terms (together with the documents referred to in them) tell you the terms and conditions on which we, New Malden Studios (“We”, “Us”, “Our”), enable you (“You”, “Your”) to make a booking in respect of any of Our training rooms (“Rooms”) listed in Our brochures and flyers and on Our website www.newmaldenstudios.org (“Our Site”). Please read these terms and conditions carefully before booking Our Rooms. You should understand that by booking Our Rooms, you agree to be bound by these terms and conditions.
You should print/retain a copy of these terms and conditions for future reference. Please understand that if You refuse to accept these terms and conditions, You will not be able to book Our Rooms.
Information About Us
New Malden Studios forms part of the business activities of Mr Lee Paul Heron T/A United Kingdom Kung-Fu Federation, an individual registered as a Sole Trader within the United Kingdom.
Your Status
By making a booking with Us for Our Rooms, You warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
How The Contract Is Formed Between You and Us
Should You wish to make a booking, please complete Our online booking request form and return it via email to bookings@newmaldenstudios.org or print the form and post a copy to: New Malden Studios, 33 High Street, New Malden, Surrey, KT3 4BY.
Please note that receipt by Us of Your booking request does not mean that Your booking has been accepted and, in particular, We accept no responsibility for booking requests that do not reach Us for whatever reason. Your booking request constitutes an offer to Us to secure Our Rooms. All bookings are subject to availability and formal acceptance by Us, and We will confirm such acceptance to You by sending You an email stating that the booking has been confirmed (the “Booking Confirmation”). The contract between Us (“Contract”) will only be formed when We send You the Booking Confirmation.
The Contract will relate only to those Services which We have confirmed in the Booking Confirmation.
There are a limited number of training rooms and these will be allocated in order of receipt of bookings.
Our Premises
You are liable for any loss or damage which You may cause to Our premises and agree to adhere to all housekeeping rules, procedures and policies that may be in place from time to time. We advise that You take out and maintain sufficient insurance to cover any loss or damage that You or Your clients cause to Our premises.
You shall not use the Rooms other than in connection with Your normal business activities. You must comply with all relevant laws and regulations and in any event shall not permit the Rooms to be used for any illegal activity. You shall not install in the Rooms any furniture, equipment or signage whatsoever or alter the Rooms or their fittings without prior written agreement and appropriate additional charges.
You shall not use the Rooms in any way which results in annoyance or disturbance to Us or any of Our members, visitors, occupiers of Our premises or to bring Our name into disrepute. You shall not use any services or equipment other than those offered and supplied by Us including, without limitation, refreshments and catering services. You may arrange for an external caterer to provide refreshments to You upon prior arrangement with Us only.
You shall vacate the Rooms at the expiry time(s) specified otherwise You shall be subject to additional charges. Please notify Us if you leave early.
We shall take reasonable practical steps to provide the Room in good working order, reasonably cleaned, and equipped as requested by You.
If You or Your clients have a disability or medical condition that requires special arrangements to be made, please notify Us of Your requirements when making a booking.
Equipment
You shall be liable at all times for the loss or damage of any Our Equipment.
Price And Payment
The price of Our Rooms and Equipment will be as quoted in Our brochures and flyers and on Our Site from time to time, except in cases of obvious error. These prices are exclusive of VAT.
Prices are liable to change at any time, but changes will not affect bookings in respect of which We have already sent You a Booking Confirmation, except in cases of obvious error.
We shall raise an invoice for payment of the Services and send it to You for satisfaction.
Payment of Our invoice shall be due strictly in accordance with our standard invoice terms (fourteen days from date of invoice). We shall be entitled to charge You interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time).
Our Refunds Policy
We reserve the right to raise the following charges in the case of cancellation by You for whatever reason:
- Cancellation within 24 hours of the date on which the Services are to be rendered – 100% of agreed charges;
- Cancellation within 48 hours of the date on which the Services are to be rendered – 50% of agreed charges; and
- Cancellation beyond 48 hours of the date on which the Services are to be rendered – 0% of agreed charges.
Cancellation charges apply to total booking value (as applicable) to include the cost of Room hire, pre-booked catering and Equipment costs. You hereby acknowledge that such charges are a fair estimate of the cost incurred by Us upon cancellation. Where a confirmed booking is cancelled, You are additionally liable for all charges for which We are liable to third parties (such as caterers and equipment services).
If You fail to arrive on the date on which you have booked a Room and have not given Us prior notice then You shall not be entitled to any refund, credit note or otherwise pursuant to Our refunds policy.
We shall be entitled to cancel Your booking where We need to do so due to circumstances outside of Our control (including, but not limited to, situations where Our premises, or any part of it is closed due to fire, industrial dispute, Act of God, by order of any public authority or otherwise) or if You are more than 30 days in arrears with any payment due to Us or if it may prejudice Our reputation. We shall have no liability for losses or costs which You may incur due to such cancellation but We shall refund your booking payment (in full as soon as possible) or offer You an alternative date for room hire if one is available. You have the choice of accepting the refund or the alternative date.
We will usually refund any money received from You using the same method originally used by You to pay for Your purchase but reserve the right to refund using an alternative method.
Our Liability
Subject to the following paragraphs, We will be responsible for any losses You suffer as a direct result of Us breaching these room hire terms and conditions if those losses were reasonably foreseeable to both You and Us at the time the Contract was formed. Our liability to You under these room hire terms and conditions will not exceed the total price charged for the Services that You have booked.
Subject to the paragraph above, persons attending Our premises to utilize the Services shall be required to keep their personal belongings with them at all times and We accept no liability for damage to, or loss of, personal belongings. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned on Our premises or at external venues save for any damage caused by Our negligence in which circumstances Our liability shall be limited to the amount of Our insurance for such losses. We will not be responsible to You or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from Our actions or the actions of Our sub-contractors or agents, is consequential or was not reasonably foreseeable to both You and Us when the Contract was formed.
Nothing in these room hire terms and conditions excludes Our liability to You for personal injury or death caused by Our negligence.
Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing. If You use Our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
Privacy
Our Privacy Policy on Our Site explains how We will use the information which You have provided to Us.
Notices
All notices given by You to Us must be given to New Malden Studios, 33 High Street, New Malden, Surrey, KT3 4BY or bookings@newmaldenstudios.org. We may give notice to You at either the e-mail or postal address You provide to Us when making a booking, or in any of the ways specified in the written communications paragraph above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer Of Rights And Obligations
The Contract between You and Us is binding on You and Us and on Our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside Of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (“Force Majeure Event”) which includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that You place a booking with Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously made by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Booking Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Booking Confirmation).
Law And Jurisdiction
Contracts for the booking of Our Services will be governed by the law of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.