These terms tell you the rules for using our website https://the-lostandfound.co.uk/.
WHO WE ARE AND HOW TO CONTACT US
Our site operated by The Lost & Found (“We”) a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at St Johns House, St Johns Square, Wolverhampton, WV2 4BH. Our telephone number is 01902 907250. Our registered VAT number is GB100019352.
Our main trading address is 4th Floor, 36 Bennetts Hill, Birmingham, B2 5SN.
To contact us, please email alice@pitcherandpiano.com
ACCEPTANCE
By using our site you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
OTHER TERMS
These terms of use refer to the following additional terms, which also apply to your use of our site:
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 3/07/2020.
AVAILABILITY
We may suspend or withdraw our site. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in the United Kingdom and where alcohol is advertised, to persons aged 18 or over. We do not represent that content available on or through our site is appropriate for use or available in other locations.
REGISTERING WITH US
If you register for an account on the site, you must keep your account details safe and treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any account, at any time. If you know or suspect that anyone other than you knows your login details, you must promptly notify us by using the Contact Details.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use but you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
TRADEMARKS
Our trademarks are registered. You are not permitted to use them without our approval.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
UPLOADING CONTENT TO OUR SITE
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. Whenever you make use of a feature that allows you to upload content to our site, you warrant that any such contribution is lawful, decent, and not discriminatory or harmful in any way and does not infringe our rights, or any third party rights. You will be liable to us and indemnify us for any breach of that warranty or any inappropriate content you might upload. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site. You are solely responsible for securing and backing up your content.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user: · We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. · We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use, our site; or • use of or reliance on any content displayed on our site. · In particular, we will not be liable for: • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss of business opportunity, goodwill or reputation; or • any indirect or consequential loss or damage.
If you are a consumer user: · Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. · If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. How we may use your personal information
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, you warrant that any such contribution is lawful, not discriminatory or harmful in any way and does not infringe the rights of us, or any third party. You will be liable to us and indemnify us for any breach of that warranty or any inappropriate content you might upload. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site. You are solely responsible for securing and backing up your content.
BUGS AND ERRORS
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to link to or make any use of content on our site other than that set out above, please get in touch using the Contact Details.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
OUR TERMS AND CONDITIONS OF BOOKING ROOMS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BY MAKING A BOOKING YOU AGREE TO BE BOUND BY THEM
1 BOOKING TERMS
1.1 What these terms cover. All bookings for accommodation, functions and room hire at our premises (“Bookings”) are subject to these terms and conditions. This includes Bookings where no fee is paid, or Bookings through a third party website such as laterooms.com or booking.com (“Third Party Booking Site”). By making a Booking, you agree to be bound by these terms.
1.2 Group bookings. Where you are making a Booking of five or more rooms, for example for weddings, parties or conferences (“Group Booking”) the terms in Schedule 1 will also apply to your Group Booking in addition to these terms and in these terms any reference to Booking shall include a reference to Group Booking. We may treat any Booking or series of Bookings of five or more rooms by one person (or by connected persons) as a Group Booking.
1.3 School/College group bookings. Where you are making a Booking for, or on behalf of, school or college students (irrespective of the amount of rooms) (“Student Group Bookings”) the terms in Schedule 2 will also apply to your Student Group Booking in addition to these terms and in these terms any reference to Booking shall include a reference to Student Group Booking.
1.4 Prevailing terms. Where you are making a Group Booking or Student Group Booking, in the event of a conflict between these terms and the relevant terms at Schedule 1 and 2, the terms in the relevant Schedule shall prevail.
1.5 Why you should read them. Please read these terms carefully before you make a Booking. These terms tell you who we are, how your room will be provided to you, how and when you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or you are unclear as to their meaning or have any questions regarding them, please contact us using the contact details in clause 2.2.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Lost & Found a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at St Johns House, St Johns Square, Wolverhampton, WV2 4BH. Our telephone number is 01902 907250. Our registered VAT number is GB100019352.
2.2 How to contact us. You can contact us by using the “contact us” option on the website. Alternatively, you can send a letter to the address in clause 2.1. 2.3 How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you provided to us at the time of Booking. Your privacy is important to us, please see clause 15 for further information or refer to our Privacy Policy https://the-lostandfound.co.uk/privacy
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails unless we say otherwise.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your Booking. Our acceptance of your Booking will take place as follows: 3.1.1 if you have placed your Booking online, whether you are using our website, or a Third Party Booking Site, when we write to you to accept it and issue you with a reference number for your Booking, or 3.1.2 if you have placed your Booking in person or over the phone, we will provisionally tell you if we are able to provide you with the room on the dates specified and write to you to confirm your Booking and provide you with a reference number, at which point a contract will come into existence between you and us. It will help us if you can tell us the reference number whenever you contact us about your Booking.
3.2 Proof of identity. Guests may be asked to provide proof of identity upon arrival. You must be at least 16 years old to make a Booking. Children under 16 are not permitted to stay at our premises, unless they are accompanied by a parent or guardian. Policies can vary by location. Please contact the bar for any site specific requirements.
3.3 Booking guarantee. In order to allow us to confirm your Booking, you may be required to provide us with a current and valid credit card or a debit card number. We will usually verify your card details before we provide you with a reference number for your Booking. Your card will not be charged at this stage and payment will not be due until the time specified in clause 13 below or Schedule 1 or 2 (if applicable). If your card is not verified, your Booking will not be accepted or treated as confirmed.
3.4 Deposits. In certain circumstances, such as function room hire, or if your Booking includes the supply of catering services, which will be supplied in accordance with clause 8.2, or constitutes a Group Booking or Student Group Booking, we may ask you for a deposit to secure your Booking. We will let you know at the point of Booking how much deposit is required (if any). Where a deposit is required, no Booking will be accepted or treated as confirmed until the deposit is paid.
3.5 If we cannot accept your Booking. If we are unable to accept your Booking, we will inform you of this and will not charge you for the room. This might be because we are unable to provide the room on the dates specified, or unexpected limits on our resources, because we are unable to authorise your current credit or debit card in accordance with clause 3.3, or to accept any deposit required, or because we have identified an error in the price or description of the room, or the terms applicable to your Booking.
4 OUR ROOMS
4.1 Our function or meeting rooms. Where you are booking a function or meeting room, any maximum, or minimum, occupancy will be communicated to you at the time you make your Booking, together with any particular restrictions applicable to any of our function or meeting rooms, such as in relation to access.
4.2 Our rooms may vary from their pictures. The images of our rooms on our website, on Third Party Booking Sites or otherwise displayed in our marketing documentation, are for illustrative purposes only. Although we have made every effort to display the rooms accurately, and whilst the facilities will be broadly the same, the room you book may vary from those images.
5 WEBSITES AND MARKETING MATERIALS
5.1 Materials on our website. Although we endeavour to ensure that our website, Third Party Booking Sites and other marketing materials relating to our services are accurate, the content and information are provided for general information only and it is not intended to amount to advice which you should rely upon. We make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date. Please refer to our Terms of Use for further information. 5.2 Third Party Booking Sites. Where a Booking is made on a Third Party Booking Site, or where our website contains links to other sites and resources provided by third parties, we have no control over the contents of those sites or resources and any links are provided for information only.
6 YOUR RIGHTS TO MAKE CHANGES TO YOUR BOOKING
If you wish to make a change to your Booking please contact us. We will let you know if the change is possible and about any changes to the price of your Booking or anything else which would be necessary as a result of your requested change.
7 OUR RIGHTS TO MAKE CHANGES
7.1 Changes to your Booking and these terms. We may be required to change these terms or your Booking: 7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or 7.1.2 to implement minor technical adjustments and improvements.
8 PROVIDING THE ROOM
8.1Where you have booked a function room, your room will be available from and to the time specified on your Booking. In the event that you wish to extend your reservation, please speak to us and, if we agree to extend your reservation, we will confirm the time, together with any additional charges payable.
8.2 Additional goods and services. If you would like us to provide any additional goods or services to you in connection with your Booking (such as catering services for functions) we will agree a price and any other applicable terms with you in advance of providing such goods or services.
9 YOUR RIGHTS TO END THE CONTRACT
9.1 Your rights to end your contract with us. Your rights when you end the contract will depend on the nature of the services, whether there is anything wrong with them and when you decide to end the contract. You may have a right to end the contract in the following circumstances: 9.1.1 If the room is faulty or misdescribed you may have a legal right to end the contract (or to change to an alternative room, if one is available, or to get some or all of your money back), in accordance with your key legal rights, as set out in more detail in clause 12; 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do (see clause 9.2 and clause 13.3); 9.1.3 If you have just changed your mind about the room (see clause 9.3 and clause 9.4 below). As a gesture of goodwill, if you are within the periods specified, you may be able to get a refund.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 9.2.1 to clause 9.2.2 below, the contract will end immediately and we will refund you in full for any room which has not been provided and you may also be entitled to compensation. The reasons are: 9.2.1 we have told you about an error in the price or description of the room you have ordered and you do not wish to proceed; 9.2.2 you have a legal right to end the contract because of something we have done wrong.
9.3 The application of the Consumer Contracts Regulations 2013. The right to cancel under the Consumer Contracts Regulations 2013, does not apply to your contract for room hire governed by these terms as this contract is a contract for room hire (whether for accommodation purposes or as a function or meeting room) to be provided on a specific date. You therefore do not have a right to cancel under the Consumer Contract Regulations 2013.
9.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed services (see clause 12.2): Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous No right to cancel in respect of a room booked to be provided on a specific date. In respect of our accommodation rooms: You may change your mind, without charge, any time before 1pm on the date that your room reservation is booked to begin. If you change your mind any time after 1pm on the date that your room reservation is booked to begin you will be required to pay the full charges payable in respect of your Booking. In respect of our function rooms: You may change your mind, without charge, any time up to 1 hour before your function room reservation is booked to begin. If you change your mind any time after 1 hour before your booking is due to begin, you will be required to pay the full charges payable in respect of your Booking.
10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using any of the contact details in clause 2.2, or contact the premises directly.
10.2 How we will refund you. Where a refund is due to you in accordance with this contract, we will refund you the price you paid for the room, by the method you used for payment.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in accordance with clause 9.4 above then your refund will be made within 14 days of your telling us you have changed your mind.
10.4 No shows. In the event that you fail to end the contract in accordance with these terms and do not arrive at the relevant premises to take your reserved room, you will be required to pay the full charges for your Booking. Such charges will be debited automatically from the credit or debit card provided at the time of Booking, in accordance with clause 3.3 above.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a room at any time by writing to you, or by cancelling your Booking with immediate effect and (if appropriate) ejecting you (or a member of your Group Booking) from our premises if: 11.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; 11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the room, for example, information required for Group Bookings or Student Group Bookings; 11.1.3 you are otherwise in breach a provision of this contract; or 11.1.4 you wilfully or negligently interrupt our business or the business of our other guests.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for any room we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 Our right to cancel. In the event we are unable to honour your Booking for any reason, such as an act or event outside our reasonable control, such as riot, terrorist attack or war (or threat of either), fire, explosion, storm, flood or other natural disaster, or any law or action taken by a government or public authority (“Event Outside Our Control”) or for operational or business reasons, for instance where premises needs urgent repair or refurbishment or are closed):
11.3.1 We will use our reasonable endeavours to provide you with an alternative room or venue that meets your requirements and which is of equal or greater value; or 11.3.2 If we are unable to provide you with an alternative room or venue for whatever reason, or if you do not accept the alternative room or venue, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking; and 11.3.3 Where we are not able to honour your Booking for operational or business reasons we will give you at least two weeks’ notice that we cannot honour your booking.
12 IF THERE IS A PROBLEM WITH THE ROOM
12.1 How to tell us about problems. If you have any questions or complaints about the room, please speak to a member of the management team at the premises. Alternatively, please contact us using the contact details in clause 2.2.
12.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to this contract. Nothing in these terms will affect your legal rights. Summary of your key legal rights - This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
13 PRICE AND PAYMENT
13.1 We will pass on changes in the rate of VAT. If the rate of VAT changes between your reservation date and the date we supply the room, we will adjust the rate of VAT that you pay, unless you have already paid for the room in full before the change in the rate of VAT takes effect.
13.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the rooms may be incorrectly priced. We will normally check prices before accepting your Booking and where the rooms correct price is less than our stated price, we will charge the lower amount. However, if the room’s correct price is higher than the price stated, we will contact you for your approval before we accept your Booking. If we accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund any sums you have paid and cancel your Booking (as set out in clause 9.2 above).
13.3 When you must pay and how you must pay. We accept most major credit and debit cards. For payment requirements, please check the website or ask the premises on checking-in.
13.4 Function or meeting room hire. You must pay the balance of the charges by the date(s) specified in your Booking or where no date is specified, by no later than 24 hours before the date of the Booking.
13.7 Failure to pay. Where you fail to pay the charges due, we will credit the full amount payable automatically from the credit or debit card provided at the time of Booking, in accordance with clause 4.2 above.
13.8 We can charge interest if you pay late. If you do not make any payment to us by the due date or we are unable to take payment automatically for any reason in accordance with clauses 10.4 and 13.7 above, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.9 What to do if you think an invoice is wrong. If you think an invoice or price is wrong, please contact us promptly to let us know and we will not charge you interest until we have taken reasonable steps to try and resolve the issue.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable and a direct result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. You have a duty to mitigate your losses in respect of any damage suffered. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Unless prohibited by applicable law, we shall not be liable for any indirect or consequential loss.
14.2 Your responsibility for equipment or food or drink brought onto our premises. We will have no liability to you or to any third party in respect of any equipment, food or drink that you bring onto our premises. Where you bring any food or drink onto our premises (for instance, as part of a public meeting), or where third parties bring such food, equipment or drink onto our premises, you shall ensure that you have, or such third party has, any relevant insurances in place, including public liability insurance, to cover any potential liability in respect of such equipment, food or drink. Cooking food in the room is strictly prohibited.
15 HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. Your privacy is important to us and we will endeavour to keep your personal information safe and secure. We will use the personal information you provide to us: 15.1.1 to supply the room to you and administer your Booking; 15.1.2 to process your payment for the room; and 15.1.3 if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
15.2 For further information on how we use your personal information, please refer to our PRIVACY POLICY. If you have any questions or concerns regarding your privacy, please contact our Data Security Analysist at the address or number detailed in clause 2.2.
16 SPECIAL OFFERS
16.1 Booking rooms under a special offer. All special offers offered by us in relation to any or all of our premises (“Offers”) are subject to this contract together with any terms and conditions specific to that Offer (“Offer Terms”). In the event of a conflict between the Offer Terms and this contract, the Offer Terms shall take precedence.
16.2 No right to cancel when booked under a special offer. You will have no right to cancel where you have booked a room with us under an Offer and the goodwill guarantee in clause 9.4 shall not apply.
17 RESTRICTIONS ON USE
17.1 No smoking policy. You cannot smoke or vape in any of our outlet. If you do smoke or vape in our rooms and/or are found to have interfered in any way with any of our fire detection equipment you will be required to pay damages to us. The amount of such damages shall be determined by us but shall not be less than £75 (and you acknowledge that £75 is a genuine pre-estimate of our loss in respect of breach of this clause).
17.2 No pets. With the exception of assistance dogs, we do not allow pets or animals to stay in any of our rooms or premises.
17.3 Accessibility. If you or any member of a Group Booking (or Student Group Booking) has any individual needs, such as reduced mobility, please advise us before making your Booking and we will be able to check if we have rooms available which meet with your individual needs.
17.5 Guest behaviour. We politely request that you conduct yourself, and that you ensure that all guests staying under your Booking conduct themselves, appropriately at all times and comply with any requests and notices regarding conduct, health and safety and respecting the premises, our neighbours, our employees and the other guests. You, or a member of your Group Booking, must not cause an unreasonable disturbance to other guests or our staff. Violent or threatening behaviour is not accepted on any of our premises.
17.6 Liability for the acts and omissions of guests. You are responsible for your own acts and omissions and for the acts and omissions of your guests staying in our accommodation or attending our function rooms under your Booking, including where any damage is caused to our premises in accordance with clause 17.5 or where we receive a complaint from another guest, you are responsible for ensuring that all of your guests are aware of and comply with the terms of your Booking.
17.7 Damage to rooms. You will remain responsible for any damage to our property you cause and must pay damages to us in respect of any such damage or loss. In the event of such damage we will provide you with a breakdown of the damages due. You must pay any payments due under this clause within 15 days’ of receipt of such breakdown from us. We will charge interest on any late payments in accordance with clause 13.8. If you think the damages due are wrong please contact us to let us know and we will not charge you interest until the issue is resolved.
17.8 WIFI. Most of our premises offer wifi, subject to availability, Use of wifi is subject to the terms of use. In particular, you must not use the wifi to download or upload any unlawful, harmful or obscene materials, or to place an unreasonable burden on our network.
18 OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (which in this context shall not include email).
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things or that we are prevented from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.
Schedule 1: Group Bookings
1 Payment terms. 1.1 Payment of a deposit. Subject to clause 3.4 of the terms to which this schedule is attached, you must pay a deposit in line with the following: 1.1.1 For Group Booking of 5-9 rooms: you must pay in full at least 14 days before arrival; and 1.1.2 For a Group Booking of 10 or more rooms: you must a deposit of at least 50% of the total charges due under the Group Booking at least 28 days prior to the date on which your Group Booking is booked to begin and the remaining balance at least 14 days before arrival. That deposit is non-refundable.
1.2 Rates and commission. For the avoidance of doubt, the rates quoted in respect of your Group Booking are applicable for your specific Group Booking only and are personal to you. Your Group Booking cannot be assigned to a third party.
2 Names of guests. You must provide us with the names of all guests staying at our premises under your Group Booking at least 3 days prior to the date that you Group Booking is booked to begin.
3 Cancellation guarantee. Subject to paragraph 1.1 of this Schedule, no additional charges shall be payable by you if you cancel your Group Booking more than 15 days prior to the date on which your Group Booking is due to begin. If you cancel your Group Booking in whole or in part any time within 14 days of the date on your Group Booking is due to begin, you will be required to pay the charges due for the first night’s stay in respect of the part of the Group Booking that is cancelled. All charges for any part of the Group Booking that is not cancelled shall remain payable. Clause 8.4 of the terms to which this schedule is attached shall not apply. For the avoidance of doubt, this shall not apply to function room hire.
4 Your responsibility. You will remain responsible for the acts and omissions of all guests staying under a Group Booking, in accordance with clause 17.6 of the terms to which this schedule is attached.
5 Tour Operators. Neither you nor any member of your group may re-sell, transfer all or part of your Booking (or agree to do so) as part of a commercial enterprise or other. We reserve the right to cancel any bookings made if we suspect it breaches this Schedule (or our terms).
Schedule 2: Student Group Bookings
1 Payment terms. 1.1 Payment of a deposit. Subject to clause 3.4 of the terms to which this schedule is attached, you must pay a deposit in line with the following: 1.1.1 For Student Group Bookings of 5-9 rooms: you must pay in full at least 14 days before arrival; and 1.1.2 For a Student Group Bookings of 10 or more rooms: you must a deposit of at least 50% of the total charges due under the Group Booking at least 28 days prior to the date on which your Student Group Booking is booked to begin and the remaining balance at least 14 days before arrival. That deposit is non-refundable.
1.2 Student to adult ratios. All groups of school or college students staying in accommodation organised by their school or college must be accompanied by sufficient numbers of competent adults at all times, and as follows (as a minimum): 1.2.1 1 adult for every 6 students for school years 1-3 (ages 4-8); 1.2.2 1 adult for every 10-15 students for school years 4-6 (ages 8-11); and 1.2.3 1 adult for every 15-20 students for school years 7-13 (ages 11+).
2 First aiders. At least one adult per each Booking must have adequate first aid qualifications for the age group of students staying in the accommodation.
3 Booking. You must provide us with the names of all guests staying at our premises under your Student Group Booking at least 3 days prior to the date that you Student Group Booking is booked to begin.
4 Cancellation guarantee. Subject to paragraph 1.1 of this Schedule, no additional charges shall be payable by you if you cancel your Student Group Booking more than 15 days prior to the date on which your Group Booking is due to begin. If you cancel your Student Group Booking in whole or in part any time within 14 days of the date on your Student Group Booking is due to begin, you will be required to pay the charges due for the first night’s stay in respect of the part of the Student Group Booking that is cancelled. All charges for any part of the Student Group Booking that is not cancelled shall remain payable. Clause 8.4 of the terms to which this schedule is attached shall not apply. For the avoidance of doubt, this shall not apply to function room hire.
5 Your responsibility. You will remain responsible for the acts and omissions of all students staying under a Student Group Booking, in accordance with clause 17.6 of the terms to which this schedule is attached.
Terms
These terms and conditions should be read in conjunction with our Privacy Policy https://the-lostandfound.co.uk/privacy and Terms of Use (https://the-lostandfound.co.uk/terms) (together the “Terms”) which govern your use of the [order.the-lostandfound.com] (the “Website”) and the Services.
Services and placing Orders
Order amendments and refunds
Collecting your take-out Order
Menus (including allergens)
Offers and Promotions
Festive and Buffet
Christmas Day – selected sites only.
Registered office: Marston's PLC
St Johns House, St Johns Square, Wolverhampton, WV2 4BH.
Registered in England & Wales: 31461.
