Meeting Room / Event Booking Terms & Conditions

  1. The Agreement
    Capitalized terms in this Agreement have the meanings given in Clause 10.
    The Agreement, which consists of the Meeting Room Request form and these Terms and Conditions, does not include any other oral or written promises, terms or conditions. Any amendment or change to the Agreement shall have no effect unless agreed upon in a writing that refers specifically to the Agreement and is executed by duly authorised representatives of both parties.

  2. Confirmations and Guest Numbers
    The final details of the Event (such as final timings, menus and special requests) must be confirmed at least ten Working Days before the Event. The Client must inform Cómodo&Co of the Final Number at least three Working Days before the Event. This Final Number will override the Likely Number specified but will not affect the Minimum Number/Spend.
    The Client shall provide Cómodo&Co with details of the nature and agenda of the Event, names of guests and relevant third parties, upon request.

  3. Payment
    1. The price for the Event shall be calculated as stated on the Booking Form and is exclusive of VAT. The Client guarantees the Minimum Spend or the Minimum Number will attend the Event (as applicable) and Cómodo&Co has calculated its charges on this basis. The amount payable by the Client will therefore be calculated according to the highest of (a) the Minimum Number/Spend (b) the Final Number or (c) the number who actually attend the Event.
    2. Invoice Disputes
      If the Client has a bona fide dispute in respect of the whole or part of an invoice, it shall notify Cómodo&Co immediately on receipt of invoice. Any invoice not disputed in accordance with this Clause 3.4 will be deemed to have been accepted by the Client. The parties shall co-operate in good faith to resolve the dispute over any invoice as amicably and promptly as possible and on settlement of any dispute, the Client shall make the appropriate payment.

    3. Price Variations
      In the event of circumstances beyond Cómodo&Co's control (including, but not limited to, increases in the standard rate of VAT), Cómodo&Co reserves the right to vary the prices specified in the Agreement to an extent that reflects such circumstances.

    4. The Client shall pay by credit or debit card for any food and beverages or other goods and/or services not provided for in the Agreement or otherwise in correspondence but made available upon request of the Client on the day of the Event. In such cases, if not paid on the day of the event, the credit card used to make the booking shall be charged accordingly.

  4. Cancellation by Client

    1. If the Client wishes to cancel an Event or cancel the reservation, the Client must provide Cómodo&Co a written notice of cancellation. Cancellation shall be effective, final and binding on the Cancellation Date. Any notice of cancellation received out of the hours of 9.00 am and 5.00 pm shall be deemed made on the next Working Day. Any postponement of any Event shall be considered as a cancellation under this Clause 4.

    2. If the Client cancels a Booking, Cómodo&Co will charge a cancellation fee. This cancellation fee shall be a percentage of the charges payable in respect of the Minimum Number/Spend (and, if any separate charge is payable in respect of room hire, of such room hire charge), according to the Cancellation Notice as set out below. If the Event is cancelled less than 3 Working Days before the Event, Cómodo&Co is entitled to charge according to the Final Number, if higher than the Minimum Number/Spend.

    3. Cancellation Notice Events fee
      Over 14 days 10%
      14 - 8 days 25%
      7 - 4 days 50%
      3 - 2 days 80%
      1 day 90%
      The cancellation fees are payable under this Clause 4 are a genuine pre-estimate of the loss Cómodo&Co will incur arising out of a cancellation. The actual losses incurred by Cómodo&Co may be greater or less than these cancellation fees.

    4. In addition to the cancellation fees due under Conditions 4.2. or 4.4., the Client must reimburse Cómodo&Co (on an indemnity basis) for any expenditure incurred in respect of any cancelled Event including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event.

    5. Cómodo&Co shall reimburse any remaining balance to the Client onto the credit card used for the original booking in the event of cancellation.

  5. Cancellation by Cómodo&Co

    1. Cómodo&Co may cancel the Booking:

      1. if the booking might prejudice the reputation of Cómodo&Co;

      2. if Cómodo&Co becomes aware of any deterioration in the Client's financial situation such that Cómodo&Co reasonably considers the Client may not be able to fulfil its material obligations under the Agreement; or

      3. if the Client fails to pay any sum when due.

    2. Cómodo&Co may charge the cancellation fees provided in Clause 4 in the event of any cancellation under this Clause 5.

  6. Outside Services
    The prior consent of Cómodo&Co must be obtained for any entertainment or services contracted for the Event by the Client, all of which must comply with any statutory codes and regulations. The Client shall indemnify Cómodo&Co for any loss or damage resulting from the acts or omissions of such third party suppliers.

  7. Liability of Cómodo&Co

    1. This Clause 7 sets out Cómodo&Co's entire liability in respect of any breach of these Conditions or the Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

    2. Cómodo&Co shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect loss however arising.

    3. In no event will Cómodo&Co's liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event.

    4. Cómodo&Co shall not be liable for any breach of the Terms and Conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) war, terrorism, acts of God, fire, floods, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority.

    5. Nothing in these Conditions shall exclude or restrict either party's liability in respect of death or personal injury resulting from its negligence, or for fraudulent misrepresentation.

  8. The Client shall be responsible to Cómodo&Co for any damage caused to the allocated rooms or the furnishings, utensils and equipment therein or to Cómodo&Co generally by any act, default or neglect of the Client or any sub-contractor, employee or guest of the Client and shall pay to Cómodo&Co on demand the amount required to make good or remedy any such damage.

  9. General
    1. Bookings made online are non-commissionable.
    2. Governing Law and Jurisdiction
      The Agreement shall be governed by and construed in all respects in accordance with the laws of Spain. The courts of Spain have exclusive jurisdiction, in relation to all matters arising under the Agreement.

    3. Time is of the Essence
      For all payment obligations under these Conditions, time shall be of the essence.

    4. The Agreement shall not be assignable by the Client, but may be assigned by Cómodo&Co.

    5. Intellectual Property
      The Client shall not use any of Cómodo&Co's trademarks or intellectual property without our prior written consent.

    6. Entire Agreement
      The Agreement sets out the entire agreement and understanding between the Client and Cómodo&Co and shall supersede and replace all documentation previously issued by either party in relation to its subject matter.

    7. No waiver by Cómodo&Co of any breach of this Agreement by the Client shall prevent the subsequent enforcement of the Agreement.

    8. If at any time any one or more of these Conditions is held to be or becomes void or unenforceable, it shall be omitted from the Agreement and the remainder of the Agreement shall remain in full force and effect.

    9. Should the Client contract with Cómodo&Co through an Agent, the agent acts in that capacity for the Client, and not Cómodo&Co. The Client accepts full responsibility for the payment of Cómodo&Co's account.

  10. Definitions
    1. "Booking Form" means the document containing all the Event details.
    2. "Cancellation Date" means the Working Day on which Cómodo&Co receives written notice of cancellation.

    3. "Cancellation Notice" means the number of clear days (that is not counting the Cancellation Date and the date of the Event) between the Cancellation Date and the date of the Event.

    4. "Client" means the person, firm or company responsible for commissioning and payment of the Event.

    5. "Agreement" means the written agreement between Cómodo&Co and the Client for a specific booking or series of bookings.

    6. "Event" means the event or function specified in the Agreement

    7. "Final Number" means the number of guests confirmed as attending the Event by the Client 3 days before the Event.

    8. "Likely Number" means the number of guests stated in the Booking Form as likely to attend the Event.

    9. "Cómodo&Co" means Cómodo&Co at which the facilities are booked, or anyone of the Cómodo&Co group of companies, as appropriate.

    10. "Minimum Number" means the lowest number of guests irrespective of the numbers that attend the Event for which payment will be made as set out in the Booking Form.

    11. "Minimum Spend" means the minimum payment for the Event due from the Client.

    12. "Working Day" means Monday to Friday excluding bank holidays and other public holidays.

© 2020 Cómodo&Co Palma, Mallorca, Spain - Coworking - Serviced Offices - Meeting Rooms - Virtual Office

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