Terms and Conditions

TERMS AND CONDITIONS

1. Scope and definitions

1.1 These terms and conditions (Terms) apply to the agreement between (a) the Stallholder (as defined below) and (b) Beaconsfield Festival of Lights Trust, a charity registered in England (charity number 1071826) of 1 Bealings End, Beaconsfield, Bucks, HP9 2AW (BFOL).

1.2 The Rotary Club of Beaconsfield, a charity registered in England (charity number 1051012) of 67 Coppice Farm Road, Penn, High Wycombe, Bucks, HP10 8AH (RCB) organises, on behalf of BFOL, an annual festival held in Beaconsfield, Bucks called the “Festival of Lights” (the Event).

1.3 References to the Organisers means (a) BFOL and/or (b) RCB not in its individual capacity but solely as organisers of the Event on behalf of BFOL.

1.4 References to the Stallholder means the person(s) or entity completing and signing the “Catering / bar concession application form”(or similar document).

1.5 References to the Application Form mean the document referred to in 1.4 above.

1.6 References to Stallholder Attendees means the Stallholder’s, directors, officers, partners, employees, servants, agents, representatives and any other person attending the Event on behalf of and/or in conjunction with the Stallholder.

1.7 References to Organisers Attendees means the Organisers’ respective (a) trustees, directors, officers, partners, employees, servants, agents and representatives and (b) any other persons including, without limitation, members, marshals and stewards of the Organisers attending and helping with the conduct and/or organisation of the Event on behalf of and/or in conjunction with any of the Organisers.

1.8 Any change(s) to the terms and conditions contained in the Application Form and/or these Terms must be agreed in writing by an officer or trustee of the Organisers.

1.9 These Terms supplement the terms and conditions contained in the Application Form. In the event of any conflict between the terms of the Application Form and these Terms, these Terms shall prevail.

1.10 These Terms override any terms and/or conditions contained in any document received by the Organisers from the Stallholder and apply in lieu of any course of dealing or usage of trade.

2. Terms and conditions

2.1 All stalls must be booked in advance.

2.2 BFOL reserves the right to refuse applications without giving any reason therefor.

2.3 Space allocations will be determined by BFOL and/or RCB not in its individual capacity but solely as organisers of the Event on behalf of BFOL. Any special space allocation requirements will be accommodated where possible but at the sole discretion of the Organisers.

2.4 Stall pitches are approximately 5 metres x 2 metres and the location of the space will be allocated by the Organisers. If the Stallholder needs additional space, the Stallholder must apply and pay for more than one pitch.

2.5 The Stallholder and all Stallholder Attendees attend and participate at their own risk. It is the Stallholder’s responsibility to obtain any and all consents, permits, permissions, licences and insurance needed by any relevant body to ensure their merchandise is safe. Food and/or beverage stalls must have the relevant food hygiene, health & safety and insurance certificates.

2.6 A Stallholder which is a registered charity must provide proof of status to receive any applicable discount.

2.7 The Stallholder is expected to supply the Stallholder’s own gazebos/stands/tables and any silenced generator.

2.8 The Organisers do not provide electricity for the Stallholder, but the Stallholder may bring its own silenced generator which should be kept secured and safe and so as not to be a risk and/or danger to the public, the Organiser’s and/or the Organiser’s Attendees.

2.9 The Stallholder will be held responsible for any loss, liability and/or damage that they cause to the site or otherwise during the Event. Items that create mess such as silly string, shaving foam or similar materials are not permitted to be sold due to the cost of cleaning up afterwards. If the Stallholder and/or any Stallholder Attendee causes any loss, liability and/or damage in respect of the Event and this causes loss, cost, liability and/or damage to any or all of the Organisers and/or any or all of the Organiser’s Attendees, the Stallholder shall make good any loss, cost, liability and/or damage suffered and/or incurred by the Organisers and/or the Organiser’s Attendees.

2.10 The Stallholder is responsible for the prompt removal at the end of the Event of (a) all litter and waste relating to their stall and (b) their gazebos/stands/tables and any generator and related equipment.

2.11 The Stallholder will be given strict instructions on the time the Stallholder needs to arrive and when the Stallholder can leave. Save with the prior consent of the Organisers, vehicles are not permitted on the roads which are closed during the Event.

2.12 All stalls and entertainment should be family friendly.

2.13 Only Stallholders pre-registered by the Organisers as a concession are permitted to sell food and beverages.

2.14 BFOL expects the Stallholder and Stallholder Attendees to behave appropriately.

2.15 All fees are non-refundable. No refunds will be given for cancellation of bookings prior to the Event. Booking fees/charges will not be refunded due to any circumstances beyond the control of the Organisers.

3. Extent of liability

Save as permitted by applicable law, the Organisers’ liability to the Stallholder and/or any and all Stallholder Attendees whether arising from breach of contract, negligence and/or otherwise is limited to the amount of the concession bid made and paid by the Stallholder. The Stallholder, on the Stallholder’s own behalf and on behalf of any and all Stallholder Attendees, agrees in favour of the Organisers and the Organiser’s Attendees that neither the Stallholder nor any Stallholder Attendee shall make any claim against any or all of the Organiser’s Attendees and/or any of their personal property and/or assets.

4. Governing law, jurisdiction etc.

4.1 The Application Form and these Terms and any non-contractual obligations arising out of, or in connection therewith, shall be governed by, and shall be construed in accordance with, English law.

4.2 The courts of England shall have exclusive jurisdiction to settle any disputes arising out of, or in connection with, the Application Form and/or these Terms (including a dispute regarding the existence, validity or termination of the Application Form and/or these Terms).

4.3 The Stallholder agrees, on the Stallholder’s own behalf and on behalf of any and all Stallholder Attendees, that each of RCB and the Organiser’s Attendees each have the right to enjoy the terms of and/or to enforce the terms and conditions of the Application Form and/or these Terms as if RCB or, as the case may be, any Organiser’s Attendees was a party to those documents and to enforce them as envisaged by the Contracts (Rights of Third Parties) Act 1999.

(Updated: 17th August 2022)