Terms and Conditions
Market Square Group Ltd (hereinafter called 'The Company') is hereby deemed the organiser of all themed events (unless otherwise stated) as described in the Event Information. The Booking Terms and Conditions for all events are as set out below.
Market Square Group Ltd is registered in England and Wales No: 67749900
THE BOOKING
Please read these conditions carefully before completing your booking form. The conditions are included to safeguard both you as the Stall Holder and the company as an organiser. They represent the minimum standards acceptable by both parties. On completion of your booking you must tick the box that indicates that you have read, and will comply with these terms and conditions.
PAYMENTS
1 Booking forms must be completed in full and all applicable questions be answered. Attention is specifically drawn to items 10 and 11 below.
2 A deposit payment of 25% of the total cost of each event shall be payable in accordance with clause 5 unless otherwise specified.
3 The balance payment for each event is due 8 weeks prior to the start date of the booked event unless otherwise stated.
4 Any booking accepted less than 8 weeks before the event date requires an immediate payment in full, on acceptance of that booking.
5 Deposit payments by cheque (made out to Market Square Group Ltd (unless otherwise indicated) are payable immediately on your being notified by the company that your booking can be accepted. Deposit payments by electronic funds transfer can be made to the Market Square Group account; details of which are available on request. A booking is not deemed complete by the Company until such deposit payment has become cleared funds into the company account.
6 Deposit payments will be deemed forfeited by the Stall Holder if the final balance payment is not received by the due date as specified on the booking form or unless prior agreement has been reached with the Company.
CANCELLATION OF BOOKING BY THE STALL HOLDER
7 The Stall Holder may cancel his/her booking for an event by written notice to the Company. Save in the circumstances detailed in clause 8, the Stall Holder shall remain liable for any final balance payments outstanding. Any payments (including the deposit) already paid by the Stall Holder to the Company shall not be refunded.
8 If the written notice required pursuant to clause 7 is given:
i. more than 31 days prior to the start date of the event or booked period then only the deposit shall be forfeited and all other liabilities under the booking agreement shall be terminated. If the Stall Holder has paid to the Company any sums over and above the deposit (“the Final Payments”) these shall be returned to the Stall Holder.
ii. 31 days or fewer prior to the start date of the event or booked period then the Company shall use its reasonable endeavours to find a replacement stall holder. If a replacement is found and provided that the replacement stall holder’s booking has been accepted and the Company has received payment in full for the event from the replacement stall holder, then, the company shall reimburse the Stall Holder with (the Deposit and any) Final Payments less the Company’s costs in sourcing a replacement stall holder. For the avoidance of doubt, refunds made pursuant to this clause 8.ii are not guaranteed and the Stall Holder must bear in mind that the nearer to an event that a cancellation notice is received, the less likely it will be that the company will be able to procure a suitable replacement. In this eventuality, the Stall Holder shall remain liable for the full cost of the stall pursuant to clause 7.
ACCEPTANCE AND COMPLIANCE POLICY
INSURANCE
9 Stall Holders shall be selected by the Company at its sole discretion according to the required criteria for each event and the Company may without notice amend such criteria prior to the start of each event. All booking applications must contain detailed information on the products that are proposed for sale at the events and photographs of stalls and/or products may be required to support applications. The Company reserves the right to reject applications and/or terminate bookings should certain criteria not be met at any time. Any deposit paid or any other sums received by the Company prior to such termination will be refunded to the Stall Holder.
10 The Company reserves the right to terminate the booking on any day of the event without any liability to the Stall Holder:
i. should the goods and products which are intended for sale either do not match the event criteria or differ from any samples provided particularly as to quality; and/or
ii. the Stall Holder is seen or the Company reasonably believes that the Stall Holder is dealing in an illicit or stolen goods.
11 All Stall Holders are responsibility for their own Public Liability Insurance. That insurance must be for a minimum of £5 million pounds. Failure to present such evidence on request by the company or any duly authorised person will result in the Stall Holder being asked to leave the event. Evidence of such insurance must be included in the application or forwarded to Market Square Group under separate cover BEFORE THE STALL HOLDER TAKES UP POSITION ON THE EVENT. No application will be accepted without evidence that insurance is in place. The Company reserves the right to terminate this agreement if the Stall Holder cannot provide evidence of such insurance on demand with no liability to the Company and the loss of all monies paid.
CANCELLATION OF EVENT BY THE COMPANY
12 Should an event be cancelled by the Company, the Stall Holder will be offered an alternative event at the same or higher cost. If the cost of the alternative is higher, the cost of the cancelled event shall be applied i.e. there will be no additional cost. The alternative offered will be an event that the organiser considers to have at least the same chance of success in terms of trading opportunities. Under no circumstance will the company be liable for more than the cost of the stand price.
CANCELLATION OF EVENT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE COMPANY –
LIMIT OF LIABILITY AND INDEMNITY
13 The company will not be held responsible or liable for the following circumstances that may affect trading AND/OR lead to the cancellation of the event:
i. Acts of God including all adverse weather conditions
ii. Public demonstrations
iii. Acts of terrorism
iv. Mechanical failure of any power supplies
v. Failure of a Stall Holder to arrive at the event for whatever reason on any one day of the event’s duration.
vi. Accidental damage to goods
vii. The market facilitator (being the Council or other entity that has commissioned the Company to organise and provide the event) either withdraws the necessary consent or approvals for a particular stall holder or cancels the event itself.
14 For the avoidance of doubt all stock, vehicles and personal belongings brought into an event shall be brought at the Stall Holder’s own risk and the Company shall not be responsible for any loss or damage of such stock, vehicles or personal belongings. The Company shall not be responsible for any loss (including consequential loss) or damage to the Stall Holder’s stock and personal property and/or death, injury or illness which may be sustained by the Stall Holder, its employees, agents or contractors or any member of the public and which arises as a result of the Stall Holder’s operations, activities, omissions and acts however caused save that nothing in these terms and conditions is intended to exclude the liability of the Company for any loss or damage arising as a result of the Company’s fraud or for death, injury or illness caused by the Company’s (or its agents or employees) negligence. Save insofar as any claim relates to death, injury or illness the Company’s overall aggregate liability (if any) shall be limited to the amount paid by the Stall Holder to the Company for the particular event at which the claim arose.
15 The Stall Holder must keep the Company fully indemnified against all loss, expenses, claims, costs (including professional and legal costs) and damages or any other liability awarded against or incurred by the Company as a consequence of the direct and indirect breach of these terms and conditions by the Stall Holder or which arise as a result of the Stall Holder’s operations, activities, omissions and acts whilst attending an event.
STALL HOLDER’S RESPONSIBILITIES
16 It is the responsibility of individual Stall Holders to ensure that all scheduled times are adhered to. Failure to arrive at the appointed set up time could result in a stall being refused permission to set up on the day.
17 The Stall Holder undertakes to remain for the entire duration of booking period as specified on the event information details.
18 Stall Holders shall abide by all applicable regulations, laws and bye-laws (“Regulations”) including but not limited to all applicable Regulations concerning food hygiene, the environment, product safety and the requirements of the Health and Safety at Work Act 1974. For the avoidance of doubt failure to comply with all applicable Regulations may result in termination of the contract with no liability to the Company. Any decision by any local authority environmental and/or food hygiene inspection officer shall be final. All certificates and licences must be available for inspection by the Company and/or local authority officials.
19 Stall Holders should not do anything which will bring the event into disrepute and must maintain a smart appearance at all times of both staff and the stall area itself. The Stall Holder shall not permit the stall to be used for any illegal purpose.
20 No loud noise or touting for business is permitted.
21 The Stall Holder shall abide by any reasonable request made by the Company and shall abide by any specific event rules and regulations.
COVID-19 AND SOCIAL DISTANCING MEASURES
22 The Stall Holder shall abide with all social distancing methods put in place by the company in relation to the ongoing Covid-19 pandemic to create the safest possible environment for all event attendees. These measures will be clearly communicated via our e-newsletter, website, blog, social media channels, booking instructions, signage and event stewards.
23 Where stalls are selling hot food, cold takeaway, groceries or other foodstuffs, The Stall Holder must provide and adhere to a clear policy for handling goods and money hygienically which prevents cross contamination.
24. Whilst The Company will take appropriate measures to install extra hand sanitation and hand washing facilities onsite, The Stall Holder will be responsible for providing appropriate sanitation and social distancing measures on their stall. This includes, but is not limited to, provision of hot water for hand washing, hand sanitiser, sneeze guards, face masks, disposable gloves, cleaning equipment and contactless payment facilities.
25. Non-compliance with the sanitation and social distancing measures required by The Company or its appointed event stewards may result in The Stall Holder being unable to trade at the event and/or the closure and removal of their stall.
26. The stall Holder shall comply with all current Covid 19 government guidelines for market traders.
ELECTRICAL AND GAS APPLIANCES
26 It is a requirement by the company and by law that all electrical equipment for use at an event has a current PAT tested certificate. It is also a requirement that all gas appliances have been certified as safe for use by a registered gas enginee and that all gas bottles, whether empty or full must be housed within a suitable gas bottle cage, whilst in use or being stored onsite. The Company reserves the right to inspect all appliances and may terminate the contract immediately with no liability if gas or electrical equipment does not comply with the requirements of this clause.
SECURITY
27 Where the company provides security to guard stalls overnight, it will endeavour to ensure that all goods and property are protected. However, the company CANNOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE and stall holders leave their goods and property at their own risk.
28 Any decision to leave an event before the completion of the booked period will be deemed unacceptable by the company. Only in the most exceptional circumstances and then only by agreement with the company representative on hand at the time, will a Stall Holder be allowed to leave before the stated completion day and time of the booked period.
SPECIAL CONSIDERATION REQUESTS BY THE STALL HOLDER
29 Any concerns or requests for special considerations must be communicated in writing to the organisers with the initial application. Any matters arising after such time should be communicated in writing at the earliest opportunity. Issues raised during or after an event are likely to have less chance of being resolved.
REFUSAL OF FUTURE BOOKINGS
30 The company reserves the right to refuse a place on any future events to Stall Holders who have wilfully failed to comply with any of the above conditions.
Please note that services such as Overnight Security for Stalls, Power Supply and Parking are specific to each event. Please see booking form and or event details for further information.