Plan your visit

Terms & Conditions

These terms and conditions form part of the contractual agreement between you and us. Please read them carefully. Newhall Estate reserves the right to change these terms and conditions at any time subject to the Customer being notified of such changes as soon as reasonably possible.

1. Definitions

In this Agreement the following words and expressions shall have the respective meanings as specified hereunder, except where the context otherwise requires:

“Agreement” means these Terms and Conditions, together with the Newhall Estate Event Order Confirmation;

“Authorised Person” means the person nominated by the Customer prior to or at the commencement of the Event who has the Customer’s authority to approve expenditure or otherwise provide instructions to Newhall Estate and/or third parties;

“Balancing Payment” means the amount to be paid by the Customer after an Event, being the amount by which the Final Charge exceeds the sums paid by the Customer up to the date of the Final Invoice;

“Booking” means a reservation, instruction or other form of commitment by the Customer for Services to be provided by Newhall Estate pursuant to this Agreement;

“Charges” means the charges for the Services as set out or confirmed in the Event Order Confirmation, or where no charge is quoted, the charge listed in Newhall Estate’s published price list at the date of the Event Order Confirmation;

“Customer” means any person, firm, company or organisation who contracts with Newhall Estate for the provision of Services;

“Confirmed Booking” means a Booking for which Newhall Estate has provided an Event Order Confirmation to the Customer;

“Deposit” means the sum payable by the Customer as further described at Clause 3.1 below;

“Event” means the wedding, banquet, function, conference or other specified occasion, for which Newhall Estate is engaged to provide the Services;

“Event Order Confirmation” means any letter(s) or email(s) provided to you by Newhall Estate after confirming details of your Booking;

“Final Event Order Confirmation” means the last Event Order Confirmation provided to you by Newhall Estate prior to the Event;

“Final Invoice” means the invoice for the Balancing Payment issued by Newhall Estate after the Event;

“Final Charge” means the total charge for the Services provided for the Event, including On the Day Charges, Consumables, any Damage Charges and any extra goods or services provided which are additional to the initial Booking;

“Damage Charge” means charges in relation to breakages, damage or other costs caused by the Customer or Guests at the Event;

“Security Deposit” means the deposit which is required by the Venue to cover any breakages, damage or other costs caused by the Customer or Guests at the Event;

“Damage Report” means a report provided to the Customer by Newhall Estate in accordance with clauses 6.12-6.13 detailing any breakages, damage or other costs caused by the Customer or Guests at the Event;

“Guest” means a person who attends an Event;

“Initial Event Order Confirmation” means the Event Order Confirmation provided to you by Newhall Estate after receipt of the initial payment which confirms our acceptance of your Booking;

“Interim Payments” means further payments made by the Customer after the Deposit has been paid but prior to the Final Invoice;

“Newhall Estate” and “we” or us” means Newhall Events Ltd a company incorporated under Companies Acts (company number SC377721) having its registered office at Newhall, Carlops, Midlothian, Scotland, EH26 9LY;

“On the Day Charges” means any additional Services or Consumables provided by Newhall Estate at the Event which were not paid for prior to the Event;

“Projected Price” means the price quoted by Newhall Estate and set out in the Event Order Confirmation based on the information provided in the Customer’s Booking or as otherwise agreed;

“Services” means the provision of venue Services, function Services, accommodation and supply of Consumables as set out in the Event Order Confirmation;

“Third Party Supplier” means any third parties who supply any services to the Customer.

“Venue” means Newhall House, Coach House and grounds

2. Booking an Event

Newhall Estate wish to ensure that your requirements and the process from the time of your Booking onwards are clear to both parties. At the time we provide you with our Quotation, we will provide you with a copy of these Terms and Conditions. Once we receive your Booking we will send you an Initial Event Order Confirmation, which will confirm the details of your Booking, together with any required clarifications, amendments or further information we feel is important. Please check the Initial Event Order Confirmation carefully because it, together with these Terms and Conditions, will form the basis of the contractual agreement between you and us. If changes are made prior to the Event, or further information becomes available, further Event Order Confirmations will be issued, with a Final Event Order Confirmation being issued once all details are finalised. When you have received the Initial Event Order Confirmation and paid the Deposit, the Agreement between us will be established.

3. Charges and Payment

3.1 Unless agreed otherwise and confirmed in the Event Order Confirmation, the initial payment will be 35% of the Projected Price. Payments are non-refundable and non-transferable.

3.2 The Deposit must be paid within 7 days of the Event Order Confirmation unless otherwise agreed in writing. If the Deposit is not paid in this time the Booking will not be effective and no Agreement will exist between us. If the Deposit is paid late Newhall Estate may agree to nonetheless reinstate the Booking at our sole discretion.

3.3 Interim Payments will be due as follows, unless agreed otherwise and confirmed in the Event Order Confirmation:

  • 35% of the Projected Price (inclusive of VAT) payable 6 months prior to the Event
  • The balance (inclusive of VAT) of the Projected Price value payable 1 month prior to the Event

3.4 The cost of any agreed extras subsequent to the initial Booking will be added to the Projected Price and will be payable prior to the Event either with the above Interim Payments or as invoiced separately with payment due immediately.

3.5 Newhall Estate will request a £500.00 Security Deposit for the accommodation which should be pre-authorised 3-days prior to your event. The Security Deposit will be refunded in line with sections 6.12 and 6.13 of these conditions provided there is no breach of the Conditions of Hire, there is no damage to the facility or equipment and/or there is no additional cleaning required at the conclusion of the booking beyond what could be reasonably expected.

3.6 Payment of the Final Invoice will be due within 7 days of the date of issue, failing which the total sum outstanding will be taken from your credit or debit card.

3.7 The start and finish times of your Event will be set out in the Event Order Confirmation. Newhall Estate reserves the right to make additional charges for Events which subsequently commence before or run on beyond these times.

3.8 All invoices are payable within 7 days of the invoice date. Failure to pay Interim Payments when due will entitle Newhall Estate without prejudice to any other rights or remedy available to cancel the provision of the Services and terminate the Agreement.

3.9 All queries relating to amounts invoiced must be notified in writing to Newhall Estate within 7 days of the date of the invoice.

3.10 Newhall Estate reserves the right to charge interest on overdue accounts at a rate of 5% per month.

3.11 All charges are including Value Added Tax unless otherwise stated. Payments are required in pounds Sterling only.

3.12 Newhall Estate accepts payment by the following methods

  • Debit card
  • BACS transfer
  • Visa/MasterCard

3.13 Newhall Estate may request a pre-authorised limit 3-days prior to your event to cover any on the day charges. We will provide you with a summary of all On the Day Charges with the Final Invoice.

3.14 Newhall Estate reserves the right to alter prices quoted if Newhall Estate’s costs are increased due to special circumstances beyond our control, such as charged commodity costs, liquor duties or the event running on beyond the agreed timings. Any such price alterations will be kept to a minimum and will be notified to the client in writing.

4. Catering

4.1 Customers may only use caterer’s approved by Newhall Estate. An up-to-date list of approved caterers will be provided to customers prior to booking.

4.2 No other catering provision or provider can be brought on-site to service any catering requirements within the properties, including the accommodation.

4.3 For marquee weddings, caterers will be given access to running water and have use of Newhall Estate’s generator.

4.4 Newhall Estate does not have a premises license for alcohol. An occasional licence must be sought by you or your caterer. Newhall Estate reserve the right to request a copy of this licence at any time.

4.5 Due to health and safety reasons, only residents staying in the accommodation are permitted to enter the designated accommodation areas. For non-residents wishing to enter the accommodation this must be arranged with Newhall Estate. This may incur an additional charge that will be documented on your event order.

5. Marquee Provision

5.1 Customers may only use marquee companies approved by Newhall Estate. An up-to-date list of approved marquee suppliers will be provided to customers prior to booking.

5.2 Marquees must be erected no earlier than three days prior to the wedding day unless prior written permission is received from us.

5.3 Marquees must be dismantled and removed from site no later than three days after the wedding day unless prior written permission is received from us.

6. Venue Hire

6.1 Newhall Estate is managed and maintained by Newhall Events Ltd and the grounds are on occasion visited by the general public. Newhall will ask that visitors to the grounds respect your privacy at all times.

6.2 All activity must take place within the Venue as detailed in clause 1, unless otherwise agreed in writing between both parties prior to the event date.

6.3 Irrespective of clause 6.2, the bride and groom will be granted access to other areas of the Estate for the sole purpose of taking wedding photographs.

6.4 On site accommodation is hired on agreed guest numbers only. Newhall Estate main house can sleep a maximum of 22 people. Additional guests are not permitted to stay in the house accommodation.

6.5 Newhall Estate is an 18th century Grade B listed building and therefore is hired at face value. Conservation activities may be under way during your event. Due to the historic nature of the venue the buildings on site may require conservation from time to time and, whereas it is unlikely, The Company cannot guarantee that conservation or maintenance work will not be under way during your event. This may include scaffold erections or partial closure of the site for safety Due to the age and historical importance of the Estate such work may need to be undertaken at short notice. The Company will make reasonable efforts to minimise the impact of any such works on your event.

6.6 Candles and Confetti may be used throughout the venue. Confetti must be biodegradable. Should any additional cleaning be required beyond what could be reasonably expected, the cost of this shall be deducted from the Security Deposit.

6.7 Due to the historic and fragile nature of the buildings, the wedding party must ensure that children attending the event are kept under careful supervision at all times.

6.8 Due to the historical nature of the estate, the surface may be uneven and we cannot guarantee full access to all areas for disabled guests.

6.9 No displays or decorations can be affixed, suspended or attached in any way to the fabric of any building with prior written consent by us.

6.10 In accordance with the Smoking, Health and Social Care (Scotland) Act 2005, it is an offence to smoke in any wholly or substantially enclosed public space. Smoking in the House, and accommodation at Newhall Estate is prohibited. Smoking may take place outside only in the designated areas.

6.11 It is your responsibility to ensure that your Event Guests or third party supplier behave in a way that does not cause damage to facilities or equipment provided by Newhall Estate, the Venue or other service providers, or that creates a nuisance or unreasonable disruption to our staff or to anyone else present during the Event. Should any of your Event Guests or third party suppliers refuse to, or appear unwilling to alter any aspect of behaviour that is unacceptable to us, we reserve the right to terminate the stay of the person(s) involved or all your Event Guests.

6.12 The cost of repairing any damage to the property, contents or grounds caused by Guests or third party suppliers arranged by you will be retained for the Security Deposit. Newhall Estate will issue a Damage Report within 7 days of the Event. Any queries regarding the Damage Report must be provided to Newhall Estate within 7 days of the Damage Report date, failing which the Damage Report will be deemed to be accepted and Newhall Estate will issue the Final Invoice. Where a Security Deposit has been provided, the Damage Charges will be debited and the balance returned to the Customer. Where the Damage Charges exceed the value of the Security Deposit, Damage Charges will be included in the Final Invoice.

6.13 Where a Damage Report is queried by the Customer, Newhall Estate will endeavor to carry out whatever investigation or provide such clarification as is If after Newhall Estate have responded to the Customer’s query the matter is resolved, or after a reasonable period of time if not, Newhall Estate will issue the Final Invoice. The Final Invoice is payable within 7 days. Where no damage has occurred the Security Deposit will be returned in full within 14 days of the event.

6.14 The Customer will be responsible for booking, payment and other arrangements with regard to third party suppliers whom the Customer engages directly and for ensuring that they liaise, co-operate and comply with all policies, procedures and instructions of Newhall Estate and the Venue.

6.15 Check-in and check-out times for the accommodation will be confirmed in your event order. Standard check-in is 1500 on the day of arrival and check-out is 1100 on the day of departure. If you would like to arrange an early check-in or late check-out this can be arranged between both parties (subject to availability) and a standard fee of £50.00 per hour for each property will be added to your final invoice.

7. Your Responsibilities

7.1 It is your responsibility to ensure that the Estate and accommodation is cleared of all items other than the Company’s equipment by the time your booking ends. Any decoration or services supplied by a third party contracted by you must also be removed by the end of the booking period. If you fail to do so the Company reserves the right to charge you an additional charge based on the removal of these items and any subsequent cleaning required.

7.2 You will respect the interest of the local residents, wildlife and farm animals and in particular keep music and other noise to a reasonable volume for the time of day or night.

7.3 Fireworks may only be used at Newhall Estate in compliance with the following conditions:

  • You have received written confirmation from us that fireworks are permitted at your event;
  • An approved supplier is engaged to supply, install and ignite all fireworks. Newhall Estate requires all relevant Health & Safety and insurance documentation 7 days prior to the event;
  • When approved, fireworks may only be let off in the specific area as agreed in advance between the parties;
  • The supplier is responsible for clearing the surrounding area of fireworks debris.

7.4 Parking is only permitted in the designated areas. Parking is available at each accommodation site and there will be a car park attendant on hand to direct your guests on the day of your wedding to the event car park at the rear of the sheds.

7.5 All electrical equipment supplied or arranged by you must be PAT The Electricity at Work Regulations require that the results of electrical safety tests are recorded. It is necessary to identify each piece of equipment with a ‘Pass’ label. The term “portable” is not restricted to equipment which is normally moved around; it refers to all equipment which can be attached to an electrical system by a cable and plug. No privately owned electrical equipment shall be connected to the electrical supply (plugged in equipment or hard wired) without the prior consent of Newhall Estate.

7.6 Customers must take out wedding insurance. Newhall Estate reserve the right to see a copy of the insurance certificate.

8. Changes

Newhall Estate will endeavor to accommodate all reasonable changes to the Booking requested by the Customer prior to the Change requests must be confirmed in writing by the Customer. Newhall Estate will advise the Customer of any applicable changes to the Event Charges as a consequence of the Customer’s change request.

9. Cancellations by Newhall Estate

Newhall Estate may cancel the provision of the Services to an Event and forthwith terminate this Agreement and the rights granted to the Customer if:

  • The Venue has to be closed for reasons beyond Newhall Estate’s or the Venue’s control; or
  • The Customer is already in arrears with any payment due to Newhall Estate or Venue owner; or
  • The Customer is in breach of any of these terms and conditions and any Venue terms and conditions of hire and fails to rectify such breach within 7 days of written request as to do by Newhall Estate; or
  • A petition is presented or a resolution is passed for the winding up of the Customer (except for the purpose of a reconstruction, amalgamation or members voluntary liquidation); or the Customer stops or threatens to stop payment of its debts or ceases or threatens to cease to carry on its business; or
  • An encumbrance takes possession or a Receiver is appointed over the whole or part of the assets or under-taking of the Customer; or
  • The Customer is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or any statutory modification or re-enactment thereof; or
  • An application is made to the Court under Section 9 of the Insolvency Act 1986 for an Administration Order in relation to the Customer or if the Customer passes a resolution for the making of any such application to the Court; or
  • A proposal is made under Section 1 of the Insolvency Act 1986 for a voluntary arrangement in relation to the debts or affairs of the Customer; or
  • The Customer shall convene a meeting of or propose to enter into any arrangement with its creditors generally; or
  • The Customer (being an individual) is adjudicated bankrupt or dies.

10. Cancellations by the Customer

10.1 A Confirmed Booking shall only be deemed to be cancelled when Newhall Estate receives written notification of the cancellation.

10.2 Where a Customer cancels this Agreement or the provision of Services thereunder, the following charges shall apply:

  • Over 6 months’ notice of cancellation – 50% of the Projected
  • Between 3 and 6 months’ notice of cancellation – 50% of the Projected Price plus the security deposit
  • Less than 2 months’ notice of cancellation – 100% of the Projected Price.

11. Liability

11.1 Newhall Estate shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of Newhall Estate’s obligations in relation to the Services if such delay or failure is due to any cause beyond Newhall Estate’s reasonable control (but the charges may be subject to abatement by a fair and reasonable apportionment). Examples of such causes beyond Newhall Estate’s control include but are not limited to: acts of God, inclement weather, criminal acts or omissions, any form of Government intervention, war, hostilities, rebellion, terrorist activity, local or national emergency, sabotage or riots, and floods, fires, explosions or other catastrophes.

11.2 Newhall Estate shall have no liability to the Customer for any consequential loss to the Customer arising out of or in connection with the provision of Services pursuant to the terms and conditions (except in respect of death or personal injury resulting from negligence) and the total liability of Newhall Estate for any other loss of the Customer shall not exceed the Projected Price.

11.3 The Customer agrees to pay any loss or liability of any kind to us or any other person caused by the Customer or any of the Guests and to indemnify Newhall Estate in full against all injury (including death) to any persons or loss of or damage to any of our or of the Venue’s facilities or any other property which may arise out of any negligence, act of omission by the Customer or Guests.

11.4 Any loss of or damage to property of the Customer or Guests should be reported to Newhall Estate at the earliest possible opportunity. Any lost property discovered by Newhall Estate will be kept securely for up to 30 days (depending on the nature of the item) until claimed by the owner, failing which it will be either destroyed or donated to charity. Where possible, Newhall Estate will endeavor to contact the owner of any lost Full details of how lost property is dealt with are contained in the accompanying Newhall Estate Lost Property Policy. Notwithstanding the foregoing, Newhall Estate accepts no liability for the loss or damage to any property or personal belongings brought onto the Venue by the Customer or Guests.

11.5 Newhall Estate will take all reasonable care of property or equipment provided at the Event by the Customer and/or third party suppliers arranged by the Customer. Should loss or damage be sustained to any such property or equipment, this should be reported to Newhall Estate at the earliest possible opportunity. Newhall Estate will report to the Customer or third party supplier any loss or damage which it discovers or which is brought to our attention and shall keep records of the circumstances and nature of the loss or damage.

12. General

12.1 No variation to these terms and conditions shall be effective unless agreed in writing and signed on behalf of Newhall Estate and the Customer.

12.2 These terms and conditions shall prevail over any conditions offered by the Customer.

12.3 If the Customer comprises more than one person those persons shall be jointly and severally liable under this Agreement.

12.4 The Customer shall not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement in whole or in part without the prior written consent of Newhall Estate, which consent shall not be unreasonably withheld or delayed. Newhall Estate may subcontract, assign or transfer our obligations or rights to a competent third party whether in whole or in part.

12.5 This Agreement shall be governed and construed in accordance with Scots Law and each party agrees to submit to the non-exclusive jurisdiction of the Scottish Courts as regards any claim or matter arising.

12.6 Newhall Estate reserves the right to update these terms and conditions. Newhall Estate will give written notice of any changes.

13. Social Media

Newhall Estate, as part of our marketing, collect photographic images relating to some events for use via the following channels:

  • Social media
  • Marketing campaigns
  • E-marketing

If you would like to opt out of any photographic campaigns, please email info@newhallestate.co.uk

Read more
Read less

© 2019. All rights reserved.