Terms and conditions

The Loft | Terms and Conditions

At The Loft (Little Dippers Limited) we want to ensure that both you and your students have a wonderful experience at our venue.  To this end, we kindly request that you embrace and comply with these terms and conditions at all times as these are the terms on which we supply our services.

Please read these terms carefully before you submit your Booking Form to us. These terms tell you who we are, how we will provide services to you, how 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, please contact us.

1. About these Terms and Conditions

By submitting a Booking Form to The Loft, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your Booking Form.

2. About Us

The Loft belongs to Little Dippers Ltd which is registered in England and Wales under Company Registration Number (following soon). Our registered office address is Little Dippers Ltd 67 Upper Gloucester Road. We are registered with the Information Commissioner’s Office (ICO) for data protection reference number (following soon).

3. Definitions

“Agreement”  means these Terms and Conditions and the Booking Form.

“The Loft” means Little Dippers Limited with whom the hirer has entered into this Agreement.

“Booking Form” means the form relating to the booking of the venue: The Loft and which incorporates these Terms and Conditions.

“Fee” means the amount payable for the venue as detailed in the Booking Form.

“Venue”means The Loft which belongs to Little Dippers Ltd

“Hirer” means the person paying the Fee to the Venue and taking responsibility of that booking. The Hirer must be 18 or over.

4. Booking and Payment

Hire must be booked using the Booking Form and the Fee must be paid in advance of the date booked.

Payment for regular hire is one month in advance. For all ad hoc bookings under £150 (per date booked) we require full payment in order to secure the date and times you have requested. For all ad hoc bookings over £150 (per date booked) we require a 50% deposit three months prior to your booking with the balance to pay 28 days prior to your booking.

Only when the Booking Form and payment of the Fee is received will your booking be confirmed.

The Fee is non-refundable under any circumstances except with the prior written agreement of The Loft.

If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid.

5. Cancellation

The Loft may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by The Loft, the unused portion of the Fee will be refunded to the Parent.

Cancellations should be notified to us at least 28 days in advance otherwise hirers are liable for full payment even if the amount is yet to be invoiced.  Payments/deposits are non refundable unless The Loft has cause to cancel this contract. If we can fill the space, we will refund you your deposit.

6. Hirer Responsibilities

The Hirer warrants and represents that:

the information set out in the Booking Form whether completed and or accepted / signed by the Hirer is accurate in all respects and the Hirer will notify The Loft of any change in such information immediately; and

when on the Venue, the Hirer will comply with all health and safety rules and procedures in place at the Venue where the Class is held.

The Hirer shall indemnify and keep indemnified The Loft against all loss, liability, costs and expenses which The Loft shall incur directly or indirectly as a consequence of any action or inaction of the Hirer and any breach of these Terms and Conditions.

The Hirer shall not use the Premises for any purpose other than that described in the Hiring Agreement and shall not sub-hire or use the Premises or allow the Premises to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the Premises anything which may endanger the same or render invalid any insurance policies in respect thereof.

The Hirer is requested to ensure that good order is kept in the Premises and its environs at all times during the hiring. i) Day long hirers should take their own rubbish to the large bin at the end of Upper Gardner Street (outside the Guitar and Amp shop) for disposal. NO FOOD IS TO BE PUT DOWN THE SINK.

The Hirer is responsible for the security of the Premises and persons in it during the hire period. The Hirer shall ensure that only authorised persons are allowed access to the Premises. The Hirer is responsible for the orderly and safe admission and departure of all guests and the efficient supervision of the Premises during the hire. IF THE POOL IS NOT IN USE THEN THE DOOR FROM THE STREET MUST BE CLOSED IN ORDER THAT GENERAL MEMBERS OF THE PUBLIC CANNOT GAIN ACCESS TO THE PREMISES. WE HAVE A BELL SYSTEM IN PLACE FOR LATE ARRIVALS OF YOUR STUDENTS. THE BELL IS SCREWED INTO THE DOOR FRAME AND HAS A LITTLE LOFT LOGO ON IT AND THE RECEIVER UNIT FOR THE BELL IS FREE STANDING UPSTAIRS AND IT HAS A SLIDE SWITCH ON THE BACK TO ALLOW THE BELL TO RING, OR IT CAN BE TURNED OFF SO THAT THE LIGHT FLASHES TO LET THE ‘TEACHER’ KNOW OF ANY LATE ARRIVALS.

The Hirer must ensure that all Fire and Safety requirements laid down from time to time by Management are observed. No exits may be blocked, nor additional chairs be placed in the corridors or aisles, nor any tables placed in positions other than as agreed in advance with Management. No fire appliance may be removed or tampered with, except in the case of fire. No fire doors may be kept open by means of a chair, doorstop, wedge or any other such device. NO CANDLES ARE TO BE LIT.

The Hirer will not bring into, set up in, or attach to the Premises or surrounding buildings, any fittings, decorations, furnishing, equipment, electrical appliances or additional lights, nor make any extensions to the electrical installations of the premises, without prior written consent of the Bookings Manager. Any such additions to facilities must be made safe in all aspects. The Hirer shall ensure that any electrical appliances brought by them to the Premises or surrounding buildings and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989. No electric or gas fires or heating equipment of any description is allowed into the Premises.

The Hirer must report all accidents involving injury to the public to the Bookings Manager as soon as possible. Any failure of equipment belonging to The Loft must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the local authority. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).The Hirer should familiarise themselves with these regulations in the event of an accident or injury.

The Hirer shall ensure that nothing is done on or in relation to the Premises in contravention of the law relating to gaming, betting and lotteries.

If licences are required, the obtaining of the requisite licence is the responsibility of the Hirer and the Hirer shall indemnify The Loft and keep it indemnified in relation to any liability in this respect.

If food is to be prepared or served and/or if the kitchen is to be used, the Hirer becomes responsible for correct Health and Safety practices under the Food Safety Act of 1990 and any subsequent related regulations.

No copyright material is to be used unless licence has first been obtained.

The Hirer will be given a combination code to enter the premises. This code must not be given out to anyone else without authorisation from the Bookings Manager.

The Hirer agrees to secure the premises after their booking should they be the last in the building.

If the Hirer’s activities involve children, then the Hirer is required to ensure that children are protected at all times, by taking all reasonable steps to prevent the occurrence of any injury, loss, damage or harm and that all appropriate children’s statutes and child protection guidelines are complied with. 

The Hirer shall indemnify and keep indemnified The Loft, its employees, agents and invitees against,

  1. the cost of repair of any damage done to any part of the Premises including the curtilage thereof or the contents of the Premises, loss of revenue from any damage and any consequential loss.
  2. all claims, losses, damages and costs in respect of damage or loss of property or

injury to persons arising as a result of the use of the Premises (including the storage of equipment) by the Hirer.

  1. all claims, losses, damages and costs suffered or incurred as a result of any nuisance

caused to a third party as a result of the use of the Premises by the Hirer.

The Hirer shall take out adequate insurance to insure the Hirer and members of the Hirer’s organisation, invitees and any third party against all claims arising as a result of the hire. Any 3rd parties such as childrens’ entertainers, brought onto the premises by the hirer must have adequate public liability insurance.

i) All music is to be kept to a reasonable volume and should not cause nuisance or disturbance to local residents. For amplified events the noise level must be turned down by 9.30pm, and all noise/music to be turned off/stopped by 10pm. All bookings must end by 11pm.

ii)You are responsible for any noise nuisance caused by your use of the premises or by anyone for whose presence you are responsible. You must ensure that members of your group leave the premises quietly in the evening.

iii) Should any neighbours’ complaints not be respected and the noise levels are not dealt with, a member of The Loft will be contacted and will come to the event at a cost to the hirer of £50.

iv) In the case of Environmental Health imposing a fine due to noise complaints or for any other reason, the hirer is liable to pay the fine. If the event has to be stopped any financial loss is that of the hirer’s.

v) Times of hire stated on the Schedule must be adhered to. All bookings must end no later than 11pm.

vi) All windows must be closed and all doors locked prior to departure from the Premises.

vii) All chairs and tables must be returned to where they were found.

viii) The Hirer shall be responsible for leaving the Premises in a clean and tidy condition. Floors should be swept (and mopped if there were any spillages). All rubbish must be cleared and taken away from the Premises and its environs.

viiii) Heating and lights must be turned off at the end of the hire unless otherwise agreed.

x) The Premises and the Premises contents and fixtures and fittings must be returned to the Premises in the same condition as they were hired in.

A breach of any of items i) to x) by the Hirer or the Hirers’ agents may cause The Loft to make a charge for which the Hirer will be responsible.

Management reserves the right to gain access to any space in the building at any time

The Hirer shall undertake to pay the charges for the Hire promptly on demand and pay any additional costs which result from a breach of any of the conditions specified herein. Failure to pay on demand will result in legal action and/or cancellation of further bookings.

If the hirer is going to play recorded music it is their responsibility to apply for relevant PPL and/or PRS licenses.

It is also agreed:

  • The Loft will hire the Premises to the Hirer at the times and for the cost specified in the agreement.
  • The Loft shall not be liable for any loss due to failure in supply of electricity, gas, leakage of water or fire, Government restriction or Act of God, which may cause the Premises to be closed or the hiring to be interrupted or cancelled.
  • The Loft accepts no responsibility for any loss or damage, including personal injury and death, resulting from the Hirers activities or from the storage of equipment belonging to the Hirer.
  • This contract constitutes permission only to use the Premises and confers no tenancy or other right of occupation on the Hirer.
  • That the hirer agrees to the locking up procedures
  • That the changing rooms belonging to the swimming school downstairs are not used by the hirer or their students.
  • There is a toilet downstairs which has a clear sign that it is for use by Loft hirers
  • No one is to enter the pool area without shoe covers!

7.   Limitation of Liability

The Loft shall not be responsible for any loss that a Hirer or their students suffer as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.

The Loft shall not be responsible to the Hirer or their students for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

  • loss of income or revenue;
  • loss of business;
  • loss of anticipated savings; or
  • loss of data.

This clause does not exclude or limit in any way The Loft’s liability for:

  • death or personal injury caused by our negligence; or
  • fraud or fraudulent misrepresentation; or
  • any breach of obligations under the Consumer Rights Act 2015
  • any other matter for which it would be illegal or unlawful for The Loft to exclude or attempt to exclude its liability.

The Hirer agrees that any claim against The Loft must be brought within 60 days of the event that gave rise to such claim. The Hirer agrees any claim made thereafter should be discussed.

The Hirer acknowledges, warrants and undertakes that the maximum aggregate liability of The Loft to the Hirer under these Terms and Conditions shall not exceed the Fee paid.

All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.

8. Data Protection

The Loft acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Katja von Schweitzer

The Company will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.

The Company shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. The Company only processes personal data where it has a lawful basis to do so.

The Company may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.

We retain the right to respond to legal requests as necessary.

Please visit our Privacy policy for further information on how we handle, store and use your data.

 

9. Personal Data

The Loft shall uphold all rights in relation to the use of a data subjects’ personal data. The rights of data subjects are contained within our Privacy Policy.

As permitted under data protection legislation, we will store a Hirer’s data for as long as necessary in order to provide our services to the Hirer. Information associated with your account will be kept until your account is deleted, unless the information is no longer needed for the purposes agreed or for other legitimate purposes.

Once our relationship with you as a user of our venue has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.

We do not pass Hirers’ information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.

Please visit our Privacy policy for further information on how we handle, store and use your data.

 

10. Intellectual Property

The Loft reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.

Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.

11. Changes to Terms and Conditions

These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.

By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.

12. Force Majeure

The Loft will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of The Loft

13. Severance

Each of the paragraphs of these Terms and Conditions 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.

14. No waiver

The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.

15. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.

16. Rights of Third Parties

No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

17. Governing law and Jurisdiction

This Agreement shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.