Vanilla Restaurant - Terms and Conditions

These are the terms and conditions on which we will contract with you. They apply to both trade customers and consumers. If you contract as a consumer they do not affect your statutory rights.

1. INTERPRETATION

1.1 In these terms and conditions (“Conditions”) the following words have the following meanings:

“the Booking” means the booking of the Restaurant by the Customer;

“the Company” means Vanilla Incorporated Limited;

"the Contract" means the contract entered into by the Company and the Customer in relation to the Booking;

“the Customer” means the person who makes the Booking

“the Deposit” means the sum of £10.00 per person required for the booking of the Restaurant or such other fee as shall be determined by the Company from time to time;

"the Restaurant" means Vanilla, 9 – 10 Cambray Place, Cheltenham and where the context allows shall be interpreted as a table at the Restaurant.

1.2 Any headings in these Conditions are for convenience only and shall not affect interpretation.

2. APPLICATION OF CONDITIONS

2.1 All Contracts shall be subject to these Conditions. It is the responsibility of the Customer to read these Conditions.

2.2 Any alternative conditions or any addition, alteration or variation to these Conditions or representations about the Restaurant shall not apply unless they are expressly agreed in writing and signed by the Company and nothing in these Conditions shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.3 In the event that the Contract is inconsistent with these Conditions, these Conditions shall prevail.

3. BOOKINGS AND DEPOSIT

3.1 Upon making the Booking, the Contract shall commence at midnight upon the day on which the Booking is made.

3.2 The Contract shall be conditional upon receipt by the Company of payment of the Deposit, which shall be non-refundable.

3.3 The Company reserves the right to carry out credit checks in relation to the Customer and shall be entitled at its sole discretion to cancel the Booking in the event that any such checks should prove unsatisfactory to the Company.

4. PRICE AND PAYMENT

4.1 The Customer shall pay any charges and costs due to the Company in full following consumption of all food and beverages consumed at the Restaurant.

4.2 The above payment terms may only be varied by the Company’s express agreement in writing.

4.3 All prices are inclusive of VAT.

4.4 Interest at the rate of 2% above the base rate from time to time of Lloyds TSB Bank plc shall be payable, both before and after any judgment, by the Customer to the Company on any overdue payments.

5. AMENDMENTS TO THE BOOKING

5.1 The Customer shall notify the Company verbally of any amendments which he wishes to make to the Booking as soon as reasonably practicable. The Company shall not be obliged to accept such amendments.

5.2 The Company may without notice make any changes which may materially affect the nature or the quality of the Restaurant where it deems, acting reasonably, that such changes are necessary to comply with health and safety or other statutory requirements.

6. CANCELLATION OF THE BOOKING

6.1 The Company reserves the right to cancel the Booking and shall not be liable to the Customer for any loss, damages, costs or expenses of any nature whatsoever incurred caused by such cancellation where:-

6.1.1 the Company is hindered or prevented from providing any services at the Restaurant by any cause beyond its control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, armed conflict or terrorist attack, fire, explosion of any kind, flood, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, default of suppliers or sub-contractors; or

6.1.2 any guests of the Customer behave in a manner which the Company or a senior employee of the Company deems in its/his/her reasonable opinion to fall below acceptable standards of conduct; or

6.1.3 in the sole opinion of the Company, would lead either to the reputation of the Company being damaged or damage being caused to the property of the Company.

6.2 If the Customer wishes to cancel the Booking, they must notify the Company as soon as reasonably practicable

6.3 In the event that the Booking is cancelled by the Company in accordance with condition 6.1.2 or 6.1.3 or by the Customer in accordance with condition 6.2 the Deposit and any pre-payments made by the Customer shall not be refundable and the Company shall incur no liability whatsoever.

7. LIABILITY

7.1 The Company shall be under no liability for any loss or damage howsoever caused to the Customer’s property or the property of their guests and any term, condition or representation to the contrary whether express or implied by statute, common law or otherwise is hereby expressly excluded as far as it is possible by law to exclude it, save for fraudulent misrepresentation or liability for death or personal injury caused by the Company’s negligence to which this exclusion shall not apply.

7.2 Nothing in these Conditions is intended to affect any statutory rights which the Customer may have (whether in his capacity as a consumer for the purposes of the Unfair Contract Terms Act 1977 or otherwise) which may not lawfully be excluded by the Company and, in the event that any of the provisions of the Conditions are adjudged to be unlawful and/or to be void as going beyond what is reasonable in all the circumstances for the protection of the interests of the Company, such unlawful and/or void provision(s) shall be deemed to be deleted and the remaining provisions of the Conditions shall continue to apply.

8. GENERAL

8.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Customer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice.

8.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8.3 No person who is not a party to the Contract shall have the right to enforce any term of the Contract.

8.4 These Conditions shall be governed by the laws of England and Wales and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.