The Customer's attention is particularly drawn to the provisions of clause 6.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions:

In these conditions, the following definitions apply:

• Business Day: a day (other than a Saturday, Sunday) according to the French Public Holiday Calendar.
• Charges: the charges payable by the Customer for the hire of the Venue, as stated in writing by Château de Frétoy prior to completion of the Contract, for the Reservation in accordance with clause 5.
  
• Conditions: these terms and conditions as amended from time to time in accordance with clause 8.8.
• Contract: the contract between Château de Frétoy and the Customer for the hire of the Venue for the Reservation in accordance with these Conditions.
• Customer: the person(s) who hire(s) the Venue from Château de Frétoy.
• Date: the days that the Venue is booked by the Customer for the Reservation.
• Guests: those persons invited to the Reservation at the Venue by or with the consent (whether express or implied) of the Customer.
• Venue: Château de Frétoy and its grounds at 2, Frétoy, 71360 Morlet, France
  
• Reservation: the period that the Customer wants to book Château de Frétoy in accordance with the conditions regarding the arrival and departure times on our website www.chateaudefretoy.com

1.2 In these Conditions, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(c) a reference to writing or written includes only e-mails.

2. BASIS OF CONTRACT AND COOLING-OFF PERIOD

2.1 No provisional booking made in writing, by phone or over the internet is valid until the Contract is executed by both Château de Frétoy and the Customer. Château de Frétoy will confirm the Customer’s booking of the Venue and all relevant details after the initial deposit is paid.

2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Château de Frétoy which is not set out in the Contract.

2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4 On execution of the Contract the Customer shall be entitled to a cooling-off period of 7 days only, in which it may cancel the Contract for a refund of the deposit paid in accordance with clause 5.1 (a) below. Any cancellation of the Contract after the 7 day cooling-off period will result in the loss of the deposit and any other amount already paid under clause 5.1 below.

3. SUPPLY OF VENUE

3.1 Château de Frétoy shall supply the Venue to the Customer for the Reservation on the Date only.

3.2 Château de Frétoy shall have the right to make any changes to the Venue which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Venue.

3.3 Château de Frétoy reserves the right to approve in writing prior to the Date any externally arranged catering, entertainment, services or activities arranged by the Customer. If approval is not given, access to Château de Frétoy will not be provided.

4. CUSTOMER'S OBLIGATIONS

4.1 The Customer shall be responsible for:

(a) ensuring that the Date it requests for the Reservation is accurate.
(b) booking and paying for the Reservation registrar themselves.
(c) co-operating with Reservation in all matters relating to the Reservation and the Venue;
(d) providing Château de Frétoy, its owners, agents and subcontractors, with access to the Reservation, as reasonably required by Château de Frétoy;
(e) providing Château de Frétoy with such information as Château de Frétoy may reasonably require in order to supply the Venue, and ensure that such information is complete and accurate in all material respects ;
(f) providing Château de Frétoy with accurate numbers of Guests and not exceeding that number on the date;
(g) complying with and ensuring that the Guests comply with all requests whether written or oral of Château de Frétoy with regard to the Venue and in particular obeying all signage and lawful instructions of Château de Frétoy and its owners, agents and subcontractors.
(h) ensuring that it and its Guests and agents do not act in a disorderly manner and shall be responsible for all Health and Safety aspects of the Reservation and in doing so comply with all Health and Safety regulations and guidance displayed at or in relation to the Venue.onforment à toutes les réglementations et directives en matière de Santé et de Sécurité affichées sur le Lieu d’exécution ou en relation avec celui-ci.
(i) ensuring that neither it nor its contractors or Guests shall bring to the Venue and ignite any form of pyrotechnic, including but not limited to fire lanterns and fireworks. forme de pyrotechnie, y compris, mais sans s’y limiter, des torches flambeaux et des feux d’artifice.
(j) ensuring that cars are parked in accordance with the directions provided by Château de Frétoy ;
(k) ensuring that it does not and none of the Guests attempt to bring more than two pets to the Venue, without the prior written consent of Château de Frétoy; domestiques sur le lieu de réunion, sans l’accord écrit préalable du Château de Frétoy ;
(l) ensuring that no Guests cause the maximum occupancy of any room at the Venue to be exceeded; chambre ;
(m) does not undertake to maintain any insurance except that required by law. The Customer must inform Château de Frétoy of all material matters of which its insurers should be informed in relation to the intended use of the Venue;
(n) ensuring that any third party engaged by the Customer and delivering services to the Venue for the Reservation provides all risk assessments and insurance for all activities conducted on site by that third party;
(o) ensuring that no electrical or other similar works, including but not limited to, amplification and lighting are carried out without Château de Frétoy prior written consent;
(p) ensuring that any sound equipment is switched off at the specified time of 5am as requested by Château de Frétoy;
(q) taking out creditable insurance against all appropriate eventualities, including but not limited to cancellation of the Reservation for reasons beyond Château de Frétoy's or the Customer’s control, personal injury and public liability;
(p) ensuring that any sound equipment is switched off at the specified time of 5am as requested by Château de Frétoy;
(q) taking out creditable insurance against all appropriate eventualities, including but not limited to cancellation of the Reservation for reasons beyond Château de Frétoy's or the Customer’s control, personal injury and public liability;

4.2 If Château de Frétoy performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or any Guest or failure by the Customer or any Guest to perform any relevant obligation (Customer Default):

(a) Château de Frétoy shall without limiting its other rights or remedies have the right to close the Venue until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Château de Fétoy's performance of any of its obligations; and
(b) the Customer shall reimburse Château de Frétoy on written demand for any costs or losses sustained or incurred by Château de Frétoy arising directly or indirectly from the Customer Default.

5. CHARGES AND PAYMENT

5.1 Subject to the provisions of clause 2.3 above, the Charges for the hire of the Venue shall be payable as follows:

(a) 30% of the Charge is due as a NON-REFUNDABLE deposit on booking the Venue and entering into the Contract; and
(b) a final payment of the outstanding balance of the Charge is due 1 month prior to the Date.

5.2 Without limiting any other right or remedy of Château de Frétoy, if the Customer fails to make any payment due to Château de Frétoy under the Contract by the due date for payment (Due Date), Château de Frétoy shall have the right:

(a) to charge interest on the overdue amount at the rate of 4 per cent per annum above the then current Cooperative Bank's base lending rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; and/or
(b) to issue a reminder notice and if payment is not received by Château de Frétoy within 3 days of the Customer’s receipt of such reminder notice to cancel the Contract, where upon the Reservation will not take place at the Venue on the Date.

5.3 On the Date, the Customer shall provide Château de Frétoy with a cheque/ cash payment of 1250€, in the event that any loss or damage is incurred by Château de Frétoy which in Chateau de Frétoy’s reasonable opinion is caused by the Customer or the Guests at the Reservation. Where loss or damage occurs, items lost or damaged shall be replaced on a new for old basis.

5.4 Where any such loss or damage, as is contemplated in clause 5.4 above, exceeds 1250€, Château de Frétoy reserves the right to make an additional charge to the Customer for such loss or damage and the Customer hereby irrevocably agrees to pay any such additional charge notified to it within 7 days of the Date.

6. LIMITATION OF LIABILITY

6.1 Aucune disposition des présentes conditions ne limite ou n’exclut la responsabilité du Château de Frétoy pour

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation.

6.2 Subject to clause 6.1 above the Customer and its Guests use the Venue at their own risk and:

(a) Château de Frétoy shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss, damage to property, death or personal injury to the Customer or any Guest arising under or in connection with the use of the Venue pursuant to the Contract; and

(b) Château de Frétoy's total liability to the Customer in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges.

6.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

6.4 This clause 6 shall survive termination of the Contract.

7. TERMINATION

7.1 Without limiting its other rights or remedies, Château de Frétoy may terminate the Contract with immediate effect if the Customer or a Guest commits a material breach of the Contract and (if such a breach is remediable) the Customer fails to remedy that breach or where the Customer fails to engage the services of a co-ordinator, either:

(a) by giving written notice of the breach prior to the Date; or
(b) orally on the Date, immediately on being notified of the breach.

7.2 Without limiting its other rights or remedies, Château de Frétoy may terminate the Contract as set out in clause 5.3 above, with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

7.3 For the avoidance of doubt, where the Reservation is cancelled by the Customer prior to the date, any accommodation booked by the Customer at the Venue shall also be cancelled.

8. GENERAL

8.1 Force majeure :

(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Château de Frétoy including but not limited to strikes or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) Château de Frétoy shall not be liable to the Customer as a result of any failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents Château de Frétoy from providing the Venue on the Date, Château de Frétoy shall, without limiting its other rights or remedies and without liability to the Customer, have the right to terminate this Contract immediately by giving written notice to the Customer.

8.2 Assignment:

(a) Château de Frétoy may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not be permitted to assign, transfer or deal in any other manner with all or any of its rights under the Contract.

8.3 Notices:

(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall (unless stated otherwise) be in writing to Château de Frétoy, 2 Frétoy, 71360 Morlet, France and by email to contact@chateaudefretoy.com and in the case of Château de Frétoy, the Venue.

8.4 Data Protection and Surveillance:

(a) Château de Frétoy will never use your data for any purpose other than required by law or for its own marketing purposes to inform the Customer of any offers it may have from time to time. Château de Fretoy will never pass the Customer’s data to a third-party organisation with first obtaining the Customer’s written consent
(b) By executing this agreement the Customer acknowledges that and agrees to grant Château de Frétoy the right to use any of the photographs taken during the Reservation for the purposes of marketing on its website, in brochures or other printed material and also in any third party printed or website marketing;

8.5 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default.
No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

8.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

8.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.

8.8 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Château de Frétoy.

8.9 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, French law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of France.