EVENT BOOKING TERMS AND CONDITIONS
- DEFINITIONS AND INTERPRETATION
1.1 “We”, “Us” and “Our” mean Underground Cookery Barbican Limited (company number 6412152), trading as The Underground Cookery School, of 201/203 City Road, The Basement, London EC1V 1JN. “You” and “Client” mean the person or organisation named in the Booking Confirmation. “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession. “Business Client” means a Client who is not a Consumer.
1.2 “Event” means the private group cookery event described in the Booking Confirmation; “Services” means the services we agree to provide for that Event; “Fee” means the total agreed price; “Deposit” means 30% of the Fee unless the Booking Confirmation states otherwise; “Booking Confirmation” means our written acceptance of a booking, including its event date, guest numbers and price.
1.3 References to writing include email. References to days mean calendar days. A reference to a clause is to a clause in these Terms.
- THE CONTRACT
2.1 These Terms and the Booking Confirmation constitute the Contract. Please read them before booking and ask us about anything unclear.
2.2 A quotation or promotional material is not an offer. Your completed booking request is an offer, which we may accept by issuing a Booking Confirmation. The Contract starts when we issue that confirmation.
2.3 Any individually negotiated variation must be agreed by us in writing. If the Booking Confirmation expressly varies these Terms, that variation prevails to the extent of the inconsistency.
2.4 We will provide these Terms to you before the Contract is formed and identify the key payment, cancellation and postponement provisions at booking.
- BOOKINGS AND EVENT DETAILS
3.1 Bookings may be made by our website, email or other process we approve. They are subject to availability and any minimum or maximum participant numbers stated in the Booking Confirmation.
3.2 The booked date, start time, menu, number of participants and any exclusivity arrangements are those stated in the Booking Confirmation. The Client cannot transfer the booking to another date or person without our written agreement, except as provided in clause 11.
3.3 Please identify dietary requirements, allergies and accessibility needs as early as possible and confirm them in writing before the Event. We will discuss reasonable adjustments and whether we can safely accommodate the requirements.
- PRICE AND PAYMENT
4.1 The Fee and applicable VAT are set out in the Booking Confirmation. Any extras must be agreed in writing.
4.2 Unless otherwise agreed in writing, the Deposit is due within three days of the Booking Confirmation and the balance is due 30 days before the Event.
4.3 For bookings confirmed fewer than 30 days before the Event, the full Fee is due within three days of confirmation or before the Event, whichever is earlier, unless otherwise agreed.
4.4 Payment may be made by bank transfer or an approved credit or debit card. Where payment is made using a commercial credit or debit card issued for business use, we may charge a card administration fee of up to 2% of the card payment, plus VAT where properly chargeable, provided that the fee does not exceed our actual cost of processing that payment and is permitted by law. No additional card fee will be charged for consumer credit or debit cards or other payments for which surcharging is prohibited. Any permitted fee will be clearly disclosed before the Client authorises payment.
4.5 If a payment is overdue, we may give written notice requiring payment within a reasonable period and, if payment is not made, suspend preparations or terminate under clause 10. Any sums retained or charged must be lawful and proportionate.
4.6 For Business Clients only, we may charge interest on overdue undisputed sums at 4% per annum above the Bank of England base rate, calculated daily, without prejudice to any applicable statutory rights. We will not apply this contractual interest provision to Consumers.
- CHANGES TO GUEST NUMBERS AND SERVICES
5.1 Changes to guest numbers, menu or other Event details must be requested in writing. They are effective only when confirmed by us in writing.
5.2 An increase in guest numbers is subject to capacity and additional charges. A requested reduction is treated as a partial cancellation for the removed places under clause 6, unless we agree a different adjustment in writing. Minimum booking charges continue to apply.
5.3 We may make minor changes that do not materially reduce the Event’s nature or quality, including changes needed for safety or legal compliance. For a material change not arising under clause 11, we will consult you and explain your lawful options.
- CLIENT CANCELLATIONS AND REFUNDS
6.1 You may cancel by emailing matt@undergroundcookeryschool.com. The effective cancellation date is when we receive your written notice. Clause 11 governs events prevented by circumstances outside our reasonable control, rather than a voluntary Client cancellation.
6.2 For a dated Event consisting of catering and/or leisure activities to be provided on a specific date or period, the statutory 14-day distance-contract cancellation right will generally not apply. We therefore do not offer an automatic 14-day cooling-off period. Nothing here limits any statutory cancellation right that does apply to a particular booking. This replaces the former clause 6.2.
6.3 Where you cancel voluntarily, the following is our proposed cancellation scale, subject always to clauses 6.4–6.6: more than 28 days before the Event: we may retain up to 30% of the total Fee and refund the balance paid; 15–28 days before the Event: we may retain up to 50% of the total Fee and refund the balance paid; 7–14 days before the Event: we may retain up to 75% of the total Fee and refund the balance paid; fewer than 7 days before the Event: we may retain up to 100% of the total Fee. These percentages are maximum cancellation charges, not automatic penalties. The cancellation charges apply in the same way whether you paid a separate Deposit, paid in instalments or paid the full Fee in one payment. For the purposes of this clause, the Deposit is treated as part of the total Fee even if it was not separately collected. No charge will exceed the amount lawfully retainable under clauses 6.4–6.6.
6.4 For Consumers, we will not retain more than a fair and proportionate amount reflecting our actual or reasonably anticipated net loss arising from the cancellation, taking account of costs saved, reasonable steps to mitigate loss and any replacement booking. We will refund any excess. The Deposit is not automatically forfeited where doing so would be unfair.
6.5 For Business Clients, the charges in clause 6.3 represent a proposed reasonable allocation of the costs and losses of reserving exclusive event capacity and declining other work, but will not apply insofar as they constitute an unenforceable penalty or are otherwise unlawful.
6.6 If you are entitled to a refund, we will process it without undue delay, normally within 14 days after the amount has been determined. Refunds will be made by the original payment method where practicable. Any right to a refund for our breach, a legally required cancellation or an event governed by clause 11 is unaffected.
6.7 Cancellation Before Payment. Where we have issued a Booking Confirmation and a legally binding Contract has been formed, the Client remains liable for any cancellation charge properly due under Clause 6.3, whether or not the Deposit, any instalment or the full Fee has been paid. If the amount paid is less than the cancellation charge lawfully due, the Client must pay the outstanding amount within 14 days of receipt of our written cancellation invoice. Any charge remains subject to Clauses 6.4–6.6, applicable law and our duty to take reasonable steps to mitigate loss. Failure to pay the Deposit does not, of itself, cancel the Contract or release the Client from obligations already incurred, unless we expressly agree otherwise in writing. This clause does not apply where no binding Contract has been formed.
- OUR SERVICES
7.1 We will provide the Services with reasonable care and skill and substantially as described in the Booking Confirmation.
7.2 We will take reasonable steps to start and deliver the Event on time, subject to clause 11.
7.3 We may refuse unsafe activities and make reasonable safety-related adjustments. We will not make material reductions to the agreed Services without a lawful basis.
- YOUR OBLIGATIONS
8.1 You must provide accurate booking details, pay on time, inform participants of relevant Event instructions, communicate allergies and dietary needs, and ensure participants follow reasonable safety and staff instructions.
8.2 Participants must behave respectfully and must not endanger themselves, staff or others. We may exclude an individual whose behaviour creates a genuine safety risk, after taking proportionate steps appropriate to the circumstances.
8.3 We may ask participants to acknowledge safety guidance. No disclaimer excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence.
8.4 If your breach prevents performance, we may suspend affected Services while reasonably attempting to resolve the issue. You are responsible for losses directly caused by your breach to the extent permitted by law; any Business Client indemnity applies only to reasonable, evidenced third-party losses caused by that Client’s breach.
- LIABILITY
9.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability or statutory remedy that cannot lawfully be excluded or restricted.
9.2 For Business Clients only, and subject to clause 9.1 and applicable law, our aggregate liability for claims arising from the Contract is limited to 100% of the Fee paid or payable for the affected Event. This cap does not reduce any refund or repayment legally due under clauses 6, 10 or 11.
9.3 For Business Clients only, subject to clause 9.1 and applicable law, we are not liable for indirect or consequential loss or loss of profit, business or opportunity. This does not exclude liability for direct losses that cannot lawfully be excluded.
9.4 For Consumers, your statutory rights, including rights under the Consumer Rights Act 2015, remain unaffected. Nothing in this clause removes remedies for Services not provided with reasonable care and skill.
- TERMINATION
10.1 We may terminate for a material breach by you if, where the breach can be remedied, you fail to remedy it within a reasonable period specified in written notice. We may terminate immediately where a serious safety risk or other irremediable breach makes continuation unreasonable.
10.2 On termination for your breach, any sums retained or recovered will be limited to amounts lawfully due, taking account of the circumstances and our reasonable net losses. We do not automatically retain every payment.
10.3 Termination arising from a force majeure event is governed by clause 11, not this clause. Accrued rights and liabilities survive termination.
- EVENTS OUTSIDE OUR REASONABLE CONTROL (FORCE MAJEURE)
11.1 Neither party is responsible for delay or failure to perform to the extent directly caused by circumstances beyond its reasonable control, including external electricity, gas or water failures; acts or credible threats of terrorism; police cordons or emergency-service restrictions; governmental restrictions; civil unrest; fire; flooding; severe weather; and other comparable events. This does not excuse a failure caused by our own negligence, avoidable equipment faults or failure to take reasonable precautions.
11.2 If such circumstances make the Event unsafe, unlawful or genuinely impracticable on its booked date, we may postpone it. We will inform you as soon as reasonably practicable, explain the disruption and take reasonable steps to reduce its effects.
11.3 Our first remedy will be to offer a rescheduled Event of materially equivalent scope and quality at the original agreed price, with all sums paid credited in full. We will not charge an additional postponement fee for an equivalent Event.
11.4 We will consult you about dates and offer, where reasonably practicable, at least three genuinely available alternatives within six months of the original date, taking account of comparable days of the week and the nature of the Event. The parties may agree another date or arrangement in writing.
11.5 Both parties will act reasonably to agree a new date. For Business Clients, declining reasonable available dates will not, of itself, create a contractual entitlement to an immediate refund; any dispute will be determined in accordance with the Contract and applicable law. For Consumers, a replacement date will not be imposed where it is unsuitable or where doing so would be unfair.
11.6 If no suitable replacement can reasonably be agreed, the Event cannot be delivered within a reasonable period, or the Contract is otherwise lawfully terminated or frustrated, we will assess and make any refund or repayment required by law. We cannot guarantee that all payments may be retained in those circumstances.
11.7 Where we remain able to provide the Event safely and lawfully, a Client’s general concern about a possible future power cut or security incident does not, by itself, entitle the Client to cancel without the normal terms in clause 6 applying. Actual legal restrictions or circumstances preventing performance will be assessed on their facts.
11.8 We are not responsible for independently booked travel, accommodation or other third-party expenditure to the extent permitted by law, but nothing here excludes liability that cannot lawfully be excluded.
- CONTACT DETAILS
12.1 Contact us by email at matt@undergroundcookeryschool.com, by telephone on 020 3981 7816, or by post at The Underground Cookery School, 201/203 City Road, The Basement, London EC1V 1JN.
12.2 Where these Terms require written notice, email to matt@undergroundcookeryschool.com is sufficient.
- COMPLAINTS
13.1 We welcome feedback. Please raise complaints promptly using the contact details in clause 12, explaining the Event date and the issue. We will review and respond within a reasonable period.
13.2 Nothing in this complaints process limits your statutory or legal rights.
- DATA PROTECTION
14.1 We process personal information in accordance with our Privacy Policy, available through www.undergroundcookeryschool.com. We will explain how personal information, including dietary and allergy information, is used and protected.
- OTHER TERMS
15.1 We may transfer our rights and obligations only where doing so does not reduce your contractual or statutory protections. You may not transfer a booking without our prior written consent, which we will not unreasonably withhold.
15.2 No person other than the parties has rights to enforce this Contract under the Contracts (Rights of Third Parties) Act 1999, except where the law provides otherwise.
15.3 If a provision is invalid, the remaining provisions continue to apply where lawful. A delay in enforcing a right does not waive it.
15.4 Any variation to these Terms must be agreed in writing by both parties.
- GOVERNING LAW AND JURISDICTION
16.1 The Contract is governed by the law of England and Wales.
16.2 For Business Clients, the courts of England and Wales have exclusive jurisdiction. For Consumers, this clause does not remove any mandatory right to bring proceedings in another competent court.