EVENT TERMS AND CONDITIONS
This Contract (as defined below) sets out the terms and conditions under which we will provide the Service (as defined below) to you.
By “you” or “your” we mean the “Client” as defined below. By “us” and “we” we mean “The Bohemian House”, #5, Inside Woodlands, Raja Ram Mohan Roy Road, Sampangi Rama Nagar, Bangalore – 560025.
Meaning of Terms In this Contract (unless the Contract otherwise requires), the following words shall have the following meanings:
Booking – means the request and confirmation of the Service.
Booking Contract – means the Booking Contract signed by the parties which sets out specific details of the booking of Service by the Client.
Client means any natural person, corporate or unincorporated body (whether or not having separate legal personality) contracting for the use of the Service.
Commencement Date – The Contract shall come into effect upon receipt by The Bohemian House a signed contract from the Client or on the first date on which The Bohemian House provides the Service, whichever is earlier.
Conditions means these terms and conditions, as amended from time to time by The Bohemian House.
Contract – means these Conditions and the Booking Contract.
Delegate means any person including speakers, audience, exhibitors or partners, spectators, artists, general public, attending all or part of the Event for which this Service is being provided.
Event means the occasion for which the Service is required.
Minimum Guaranteed Number means the number of delegates anticipated to register using the Service as specified by the Client in the Booking Contract.
Price means the price specified in the Booking Contract.
Revenue means the Revenue anticipated by The Bohemian House in respect of the Delegate fees.
Service means the services as provided by The Bohemian House as set out in the Booking Contract.
Website means the website to be hosted and provided by The Bohemian House as part of the Service and as more particularly described in the Booking Contract.
- In this Contract the following rules apply:
- a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under the statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
- a reference to “writing” or “written” includes emails and other formal written correspondence.
- The Booking constitutes an offer by the Client to purchase the Service in accordance with these Conditions. The Client shall ensure that the terms and specifications in the Booking are complete and accurate.
- For the avoidance of doubt, the Client’s standard terms and conditions (if any) attached to, enclosed with, or referred to in the Booking shall not govern the Contract and these Conditions shall prevail over any other conditions previously published by The Bohemian House in respect of the Service and these Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
- The Contract shall come into effect upon receipt by The Bohemian House of a signed contract from the Client or on the first date on which The Bohemian House provides the Service, whichever is the earlier (the Commencement Date). Notwithstanding the foregoing, The Bohemian House reserves the right to refuse to supply the Service until such time as it has received a signed contract from the Client as well as clearing of any dues, including but not restricted to previous dues, deposits, advance fees, etc.
- The Bohemian House shall use reasonable endeavours to supply the Service from the Commencement Date. The service shall be deemed to include only physical space for the conducting of the Client’s event, and shall NOT include any other services, regardless of any requests made by the client. The service, more specifically, shall not include audio/visual equipment, decor of any kind, furniture of any kind, space of any kind that has NOT been specifically booked or paid for by the Client, parking space of any kind or any other services not specifically included within this agreement
- The Service shall be directed by the event manager or such other suitably qualified person appointed by The Bohemian House.
- The Bohemian House reserves the right to make changes to the Service which are necessary to comply with any applicable laws or safety requirements. The Bohemian House will notify the Client of any changes to the Service.
- The Bohemian House will provide administrative assistance with the management of the Event where necessary, as deemed so by The Bohemian House. However, notwithstanding the foregoing, the Client will be solely responsible for the overall management of the budget associated with the Event and shall be solely responsible for any loss incurred.
- If The Bohemian House is requested to provide a Website under this Contract, the Website will remain live for a period upto the date of the Event. The Client will be solely responsible for the content of the Website and the Abstract uploaded by the Client and/or Delegates (the “Abstract”) and any postings on or use of the Website by the Client and or any third parties and/or Delegates, and shall indemnify The Bohemian House in respect of any loss or claims resulting from the content of the Website and/or the Abstract
- The Client shall confirm the Minimum Guaranteed Number at the Commencement Date. If the number of Delegates is less than the Minimum Guaranteed Number then a Cancellation charge will apply as set out in clause 27. If the final number of Delegates increases over those previously communicated to the event manager, the Client will be charged accordingly or as otherwise agreed in writing.
- The Minimum Guaranteed Number may be adjusted by the Client provided that such adjustment is communicated to and accepted by The Bohemian House in writing. However, any reduction in numbers will remain subject to The Bohemian House’s cancellation policy as set out in clauses 24 to 28, subject only to the provisions of clause 27. Any increase in Delegate numbers may result in an increase in the Price.
- The Client shall:
- co-operate with The Bohemian House in all matters relating to the Service;
- provide, in a timely manner, such data and other information as The Bohemian House may require for the provision of the Service, and ensure that it is accurate in all material aspects;
- provide content and materials for inclusion on the Website and in the Abstract as requested by The Bohemian House and ensure that The Bohemian House and the Client have the Right to use all intellectual property rights associated with the relevant content and materials.
- The Client shall not use the names, logos or any details of The Bohemian House for any matter without the explicit written consent of The Bohemian House
- In consideration of the provision of the Service, the Client hereby agrees to pay the Price to The Bohemian House together with any GST eligible in respect thereof at the prevailing Rate at the tax point date.
- The Bohemian House has the right to adjust the Price in the case that any additional services are requested by the Client after the Commencement Date, including but not limited to an increase in Delegates or extension in time allotment for the event.
- Written notification of any Price changes will be made by The Bohemian House to the Client as soon as possible.
Additional Charges and Payments to Third Parties
- The Price is a service and management charge and expressly excludes any postage charges and any other ancillary expenses reasonably and properly incurred by The Bohemian House in connection with the Service
- The Bohemian House shall obtain the Client’s written approval before incurring any expenses, material or services exceeding an amount specified by the Client and included in the Booking Contract.
- If The Bohemian House requires to sub-contract the provision of any part of the Service, it shall issue a written confirmation to the Client for the Client’s approval and The Bohemian House Shall have the right, acting as an agent of the Client, to bind the Client contractually to all approved sub-contractors.
- As The Bohemian House is acting as an agent in relation to the provision of the Service, it will not be liable to any third party suppliers for payment.
- Any expenses incurred under clause 17 or 18 shall be invoiced by The Bohemian House.
- Notwithstanding the terms of clause 21, The Bohemian House can make payments to third party suppliers and/or subcontractors on behalf of the Client. The Bohemian House can, at its sole discretion, set off the Revenue against any payments made by it to third parties. In the event that the Revenue actually received by The Bohemian House does not exceed the sums paid by it to third parties, The Bohemian House shall invoice the client for any sums not covered in accordance with clause 21.
- If for any reason, the Event is cancelled or postponed, the Client shall be liable for all payments made or due to third parties under the terms of this Contract and shall indemnify The Bohemian House in relation to the same, provided that The Bohemian House uses reasonable endeavours to mitigate any such costs.
Cancellation/reduction By The Bohemian House
- The Bohemian House reserves the right to cancel the Service (or any part thereof) if:
- the Client breaches any of its duties or obligations under the Contract;
- in the opinion of The Bohemian House, the Client has requested a significant change of the Contract or Service; including but not limited to a request to reduce or increase the Minimum Guaranteed Numbers;
- an administrator is appointed to the Client or in the event of the liquidation or receivership of the Client;
- The Bohemian House is not satisfied with the Client’s credit status;
- in the opinion of The Bohemian House, the Event might prejudice the reputation of The Bohemian House; or
- The Bohemian House is requested to cancel the Event by order of any government or other public authority or by management.
By the Client:
- The Booking will be considered ‘cancelled’ by The Bohemian House when a Client, by written notification to the event manager, cancels or postpones the entire Booking.
- In the event of termination of the Contract for any reason, The Bohemian House shall have the right to impose a cancellation charge which shall be calculated as detailed in clause 27 below.
- In the event of cancellation, The Bohemian House shall have the right to impose a cancellation charge which shall be calculated as detailed below:
- if cancelled 180-120 days prior to the first day of the Event, the cancellation charge shall be 10% of the Price or 100% of the Deposit, whichever is higher;
- if cancelled 120-90 days prior to the first day of the Event, the cancellation charge shall be 25% of the Price or 100% of the Deposit, whichever is higher;
- if cancelled 90-60 days prior to the first day of the Event, the cancellation charge shall be 50% of the Price or 100% of the Deposit, whichever is higher;
- if cancelled 60-30 days prior to the first day of the Event, the cancellation charge shall be 75% of the Price or 100% of the Deposit, whichever is higher; and
- if cancelled less than 30 days prior to the first day of the Event, the cancellation charge shall be 100% of the Price or 100% of the Deposit, whichever is higher.
- On termination of this Contract for any reason, the Client shall immediately pay to The Bohemian House all of The Bohemian House’s cancellation charges as provided for in clause 27, less any amounts already paid.
- A non-refundable deposit of 50% of the Price is payable upon the Commencement Date or INR 10,000, whichever is higher.
- Further deposits may be required depending on the number of Delegates and/or the value of any additional services the Client requests The Bohemian House to book and/or contract on their behalf.
Payment terms for the Service
- For all bookings by Clients who are part of The Bohemian House:
- The Client shall, within 14 days of the date of the relevant invoice or request for payment, pass for payment, in Indian Rupees, all monies due under the Contract.
- the Client shall notify The Bohemian House of any disputed amounts within 5 working days of the date of the invoice or request for payment and the Client shall pay the Undisputed amount within 14 days of the date of the invoice. The disputed amount alone may be withheld until the dispute is resolved. c) All payments by the Client to The Bohemian House shall be made without deduction or set off.
- for all other bookings:
- The Client shall make all payments due under the Contract in Indian Rupees and within 14 days of the date of the relevant invoice or request for payment.
- if the Client fails to pay any amount due under the Contract on the due date, The Bohemian House may charge interest at a monthly rate of 2% For the period from the due date up to and including the date of receipt.
- the Client shall notify The Bohemian House of any disputed amounts within 5 working days of the date of the invoice or request for payment and the Client shall pay the Undisputed amount within 14 days of the date of the invoice; the disputed amount alone may be withheld until the dispute is resolved.
- All payments by the Client to The Bohemian House shall be made without deduction or set off.
Payment terms for Delegates
- Payment must be made in full by the Delegate for the Delegate’s registration to be confirmed. There are two payment options:
- Payment option one: on-line by card;
- Delegates paying on-line using a card will receive confirmation of their transaction from the payment provider.
- Following payment, an invoice will be issued by The Bohemian House provider.
- if the Client is GST registered, this will be a GST invoice.
- Payment option two: cash at the venue.
- an invoice will be issued by The Bohemian House on behalf of the Client, and sent to the booker or booker/delegate
- if the Client is GST registered, this will be a GST invoice.
- a receipt will be issued on behalf of the Client by The Bohemian House following payment.
- Within one day of the start date of any event, there will no longer be the option to pay online. The registration must either be closed by this date or the delegates will be only offered the option to pay at the venue.
- Any unpaid invoices will be chased by the administrator four times:
- for delegates who register more than 3 months before the start date of the event, there will be four chases that will be completed a month before the start of the event.
- For delegates who register less than 3 months before the start date of the event, there will be four chases that will be completed before the date of the event.
- the first payment chase will be a generic e-mail, the second a personalized e-mail, the third a telephone call, and the fourth will be a final e-mail advising that their registration may be cancelled.
- The wording of the debt chasing e-mails will be approved by the Client
- this will be confirmed in all delegate terms and conditions. The Client cannot adjust the payment chasing dates.
- The Bohemian House will inform the Client of any unpaid invoices and agree with the Client whether the provisional registration is to be cancelled.
- After the four debt chases the outstanding debt will be passed back to the Client
- If cancelled, The Bohemian House, on behalf of the Client, will send an email to the Delegate to confirm the Delegate’s place has been cancelled.
- The Client’s account will be closed (including disbursement of final monies) 30 days after the date of their event.
Delegate cancellation and refunds
- The Client is responsible for setting and agreeing communication by The Bohemian House of the delegate terms and conditions specific to the Event.
- If a Delegate alters their booking or cancels any element of their booking, resulting in a full or part refund, The Bohemian House will issue the refund by cheque or online transfer on behalf of the Client.
- Individual registration cancellations or individual registration substitutions will be subject to an administration charge per cancellation or substitution as defined in the Booking Contract.
- The Client agrees to reimburse The Bohemian House for the refund made to the delegates as per clause 43 and administration charge as per clause 44.
- The Bohemian House will:
- receive funds in The Bohemian House bank account.
- receive and deposit Revenue in connection with the Event.
- provide regular management reports as agreed with the Client.
- provide stage payments to the Client as required and agreed in the Client Payment Information. e) deliver the remaining funds to the Client within a period after the event end date, as defined in the Booking Contract.
- Information and data belonging to the Client and used by The Bohemian House for delegate registration purposes will remain the sole property of the Client. Except with the express written permission of the Client or if required by law or regulation, The Bohemian House will not disclose or use this information for any purpose other than those associated with the Service.
- As between the Client and The Bohemian House, all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by The Bohemian House. The Bohemian House licenses all such rights to the Client on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Service. If this Contract is terminated, this licence will automatically terminate.
- Any intellectual property rights developed prior to or out with the scope of this Contract shall remain the property of the party that introduced the same and they will grant to the other party, a non-exclusive, royalty free licence to use the same for the purpose of fulfilling their obligations under the Contract.
- If the Client provides any logos, trademarks, copyright or any materials (“Client IP”) to The Bohemian House for the Website the Abstract or for the purpose of delivering the Service, The Bohemian House shall have a licence to use the intellectual property rights in any such Client IP for the purpose of delivering the Service only.
- The Client warrants that it has sufficient rights in the Client IP to licence it to The Bohemian House under this Contract and will indemnify The Bohemian House against any and all loss incurred as a result of the use of such Client IP.
- The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by The Bohemian House, its employees, agents, consultants or subcontractors and any other confidential information concerning The Bohemian House’s business or its products which the Client may obtain.
- The Client may disclose such information:
- to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this Contract; and
- as may be required by law, court order or any governmental or regulatory authority.
- The Client shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with the relevant clauses of this agreement.
- The Client shall not use any such information for any purpose other than to perform its obligations under this Contract.
Liability – please read carefully 56
- Subject to clause 58, the entire liability of The Bohemian House in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to the Price.
- Subject to clause 58, the liability of The Bohemian House in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, will not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the Client has advised The Bohemian House of the possibility of those losses, or if they were within The Bohemian House’s contemplation.
- Nothing in these conditions shall operate to exclude or restrict either party’s liability for:
- death or personal injury resulting from negligence.
- fraud or deceit.
- The Client shall indemnify, keep indemnified and hold The Bohemian House harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by The Bohemian House, its employees or agents in connection with the Service which arise as a result of or due to the actions, omissions, or negligence of the Client, its employees or agents or others whom it is responsible, or any Delegate.
- The Bohemian House will have no liability to the Client and/or the Delegate when they are not at The Bohemian House premises, even if any such liability is incurred at a location which The Bohemian House has organized an alternative venue for delivery of the Event and/or organized as part of the relevant social programme as part of the delivery of the Service as specified in the Booking Contract.
- The Bohemian House gives notice that all arrangements for transport and conveyance, or for any other services, are made by them as agents, upon the express condition that they shall not be liable for any injury, damage, loss, accident, delay or irregularity howsoever caused which might occur due to the act, omission fault or negligence of any suppliers or subcontractors engaged in carrying out contracted arrangements for the Client.
- The Client shall effect and maintain adequate insurance cover (including professional indemnity insurance and event and public liability insurance) to cover all liabilities under the Contract, with a reputable insurer approved by The Bohemian House and shall, on The Bohemian House’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.
- The Client shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption
- ‘Force Majeure’ means any circumstance beyond the control of The Bohemian House including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs, or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power, non-performance or delays by suppliers or materials shortages.
- The Bohemian House shall not be liable to the other of loss or damages arising from prevention or delay in performance of this Contract where same is a result of Force Majeure.
For the avoidance of doubt, nothing shall excuse the Client from any payment obligations under the Contract.
- If The Bohemian House is prevented or hindered from hosting the event by a Force Majeure event, The Bohemian House may, at its sole option and without being liable for any loss or damage suffered by the Client or Delegates, relocate the event to another location or terminate the Contract forthwith by giving notice to that effect to the Client.
- The benefit of this Contract may not be assigned by the Client without the prior written consent of The Bohemian House.
- This Contract and any document referred to herein represent the whole understanding of the parties with regard to the subject matter hereof. Each and every provision in this Contract shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of this Contract is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of this Contract which shall remain in force and effect.
- No variation or alteration of any of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of each party.
- The State of Karnataka shall govern this Contract and the parties to this Contract submit to the exclusive jurisdiction of the Karnataka courts.
Food & Beverages
- The Bohemian House does not serve, nor permits others to serve Non-vegetarian food within its premises
- Catering services, if requested, shall be the sole responsibility of the caterer and the Client. The Bohemian House takes no responsibility for any caterers that the Client may engage for the event.
- The Bohemian House may be responsible for billing the client for any catering services rendered by the Catering partner, but this shall not translate into responsibility for service level or quality of food served.
- Live food counters, gas stoves and other combustible devices used in the preparation of food are strictly not allowed within the premises.
Delegate Registration & Security Formalities
- Delegates and guests of the event will be required to pass through security checks, and asked to submit personal information such as but not limited to FULL NAME, EMAIL ADDRESS and MOBILE NUMBER
- If the guests or delegates do not comply with security formalities, The Bohemian House reserves the right to deny entry to such delegates, as it sees fit
- The sharing of such information with the Client shall be done at the sole discretion of The Bohemian House
Serving of Alcohol
- Alcohol will not be served to anyone under the legal drinking age in the State of Karnataka
- The Bohemian House may request ID with proof of age before serving alcohol or admitting any delegate or individual into the venue where alcohol may be served
- Alcohol from outside is not permitted inside The Bohemian House. The Bohemian House reserves the right to withhold or confiscate any alcohol brought into the venue
- The Bohemian House reserves the right to not serve Alcohol to any guest or delegate regardless of legal age, without providing any reason
- The Bohemian House reserves the right to acquire a liquor license for any event, and charge the Client for such services, as it sees fit
- The Bohemian House does not sell any form of alcohol in unsealed bottles. Alcohol shall only be sold to serve.
Banned & Controlled Substances/Items
- Consumption, sale or distribution of any prohibited substances is strictly prohibited
- Guests and delegates found in the possession of prohibited or controlled substances may be reported to local law enforcement agencies
- Carrying of food items, alcohol, cigarettes, weapons, inflammable and banned substances into the event premises is strictly prohibited
Event Preparation & Conclusion
- The event preparation time shall be no more than 1 hour before and 1 hour after the alloted time of the event, subject to Clause 90
- Should the Client require more time to prepare, this shall be given at the sole discretion of The Bohemian House and may be subject to extra charges
- The venue must be returned to The Bohemian House in the same condition that it was provided to the Client. Any labour charges associated with but not limited to cleaning up the venue, disposing of waste, cleaning of utensils, shall be charged to the Client after the event
- The venue shall be made available to the Client not before 9am and not after 9pm. Any agreement in contrary to this shall not be binding on The Bohemian House and shall be honoured at the sole discretion of The Bohemian House
- The Client shall not conduct any alterations to the venue without the explicit written consent of an authorized representative of The Bohemian House
- Should any material, equipment, furniture, fixtures or any other physical remnants of the event continue to prevail within the premises of The Bohemian House, 1 hour after the allotted time, The Bohemian House shall charge rent, either for the space occupied, or an amount equal to the rent paid for the space used for the event, whichever is higher.
Point of Contact
- The Bohemian House may respond to only one authorized Point of Contact of the Client
- The Bohemian House reserves the right to not respond to more than one Point of Contact designated by the client via the event form.
- The designated point of contact shall be the signee of the event form titled “Pre-Event Questionaire”