Terms and Conditions – Book Your Table
1 BOOKING TERMS
1.1 What these terms cover. All bookings for tables at Marston’s Pubs and Bars premises (whether or not a deposit has been paid) (“Bookings”) are subject to these terms and conditions. By making a Booking, you agree to be bound by these terms.
1.2 Why you should read these terms. Please read these terms carefully before you make a Booking. These terms tell you who we are, how you can book your table, how and when you and we may change the booking, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or you are unclear as to their meaning or have any questions regarding them, please contact us using the contact details in clause 2.2.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Marston’s Pubs and Bars a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at Marston’s House, Brewery Road, Wolverhampton WV1 4JT. Our registered VAT number is GB100019352.
2.2 How to contact us. You can contact us by getting in touch directly with the premises at which your Booking has been made, or by telephoning us on 01902 711811 or by using the “Contact Us” facility on our website (at www.marstons.co.uk/contact). Alternatively, you can send us a letter to the address in clause 2.1.
3 HOW TO MAKE YOUR BOOKING
3.1 How to book. You can make a Booking request using our online booking form at the website for the relevant Marston’s Pubs and Bars premises, in person at the premises or by telephone using the contact number provided on the website for the relevant Marston’s Pubs and Bars premises.
3.2 Our right to reject a Booking request. We may accept or reject a Booking request at our sole discretion.
3.3 Booking confirmation. When you place a Booking request online, we will email you a Booking confirmation together with a reference number for your Booking. When you make a Booking request over the telephone or in person, we will confirm acceptance of your Booking verbally.
3.4 Subject to availability. All Bookings are subject to availability.
3.5 Deposits. In certain circumstances, such as a Booking for our Festive, Christmas Day, Boxing Day and New Year’s Eve menus, we will usually require payment of a deposit for each adult in order to secure your Booking. We will let you know at the point of Booking how much deposit is required (if any). Where a deposit is required, no Booking will be accepted or treated as confirmed until the deposit is paid. We reserve the right to cancel Bookings where deposits are unpaid. Deposits are redeemable against your bill on the day of your Booking. Deposits are non-refundable and non-transferrable (except where clause 6.5 below applies).
4 WEBSITES AND MARKETING MATERIALS
5 YOUR BOOKING
5.1 Please be prompt. Please arrive promptly for your Booking, as we can only hold your table for 15 minutes. If you are later than this, we reserve the right to treat your reservation as a no-show or cancellation.
5.2 Alcohol. Alcohol may only be purchased or consumed by persons aged 18 years or over and photographic identification may be required. We reserve the right to refuse service of alcohol at our sole discretion.
5.3 Vouchers and promotional offers. Vouchers and promotional offers are not always valid on certain menus or at certain days or times of the year. Please contact us for more information or ask when you make a Booking. We reserve the right to change, amend or withdraw promotional offers at any time without prior notice. All special offers offered by us in relation to any or all of our menus (“Offers”) are subject to this contract together with any terms and conditions specific to that Offer (“Offer Terms”). In the event of a conflict between the Offer Terms and this contract, the Offer Terms shall take precedence.
5.4 Vegetarian and Vegan. We cannot guarantee that our vegetarian and vegan dishes have been cooked in dedicated vegan fryers. Please contact us for more information.
5.5 Allergens. Due to the way our food and drink is prepared it is not possible to guarantee the absence of allergens in our meals and drinks and we do not make a “free from” claim. Our allergen information only states allergens if they are an ingredient of a product. We do not include “may contain” information. Our menu descriptions do not include all ingredients. Full allergen information is available on request. Please contact us should you have any concerns.
5.6 Menu availability. All menu items are subject to availability. Any photography on our menus or other promotional materials are for representative purposes only.
5.7 Accessibility. If you or any member of a Booking party has any individual needs, such as reduced mobility, please advise us before making your Booking and we will be able to check if we are able to meet with your individual needs.
5.9 Guest behaviour. We politely request that you conduct yourself, and that you ensure that all guests visiting our premises under your Booking conduct themselves, appropriately at all times and comply with any requests and notices regarding conduct, health and safety (including observing any applicable social distancing measures) and respecting the premises, our neighbours, our employees and other guests. You, and all guests visiting our premises under your Booking, must not cause an unreasonable disturbance to other guests or our staff. Violent or threatening behaviour is not accepted on any of our premises.
5.10 Damage. We reserve the right to retain deposit monies and/or charge you for any damage caused by any member(s) of your party at the premises.
5.11 Questions or complaints about your Booking. If you have any questions or a complaint about your Booking, please speak to a member of the management team at the premises. Alternatively, please contact us using the contact details in clause 2.2.
6 YOUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING
6.1 Making changes to your Booking. If you wish to make a change to your Booking, please contact us directly. We will let you know if the change is possible and anything else which would be necessary as a result of your requested change, including any increased deposit amount required. All changes to your Booking are subject to availability.
6.2 Cancelling your Booking. If you wish to cancel your Booking for any reason, we always appreciate it if you can let us know as far in advance as possible. You can cancel your Booking by contacting us using the contact details in clause 2.2 or by clicking the “Cancel Booking” button on your Booking confirmation email.
6.3 Non-refundable deposits. In the event of cancellation by you within 14 days of the Booking date or no-show for any reason, any deposit paid is non-refundable and non-transferrable. The deposit amount represents reasonable compensation to us of the net costs that we incur as a result of your cancellation or no-show in terms of staffing, food, and any lost revenue as a result of turning away other potential bookings.
6.4 The application of the Consumer Contracts Regulations 2013. You do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 because your Booking relates to the supply of catering or services related to leisure activities, where the contract provides for a specific date or period of performance.
6.5 Circumstances in which deposits may be refundable. Although you do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we always want to treat our guests fairly and have an obligation to do so. On that basis, where a deposit has been paid for your Booking, that deposit will usually be refundable in the following circumstances:
6.5.1 if you tell us you wish to cancel your Booking at least 14 days before your Booking date;
6.5.2 if we are unable to honour your Booking (see clause 7.1 below);
6.5.3 we have told you about an error made by us in relation to your Booking (e.g. menu price) and you do not wish to proceed;
6.5.4 where you have a legal right to end the contract because of something we have done wrong; or
6.5.5 if we choose to refund your deposit for any other reason, at our sole discretion.
6.6 Issuing refunds. Where a deposit has been paid for your Booking and we have agreed to refund the deposit to you, you will need to contact us directly so that we process the cancellation and issue a refund. We will refund you by the method you used for payment. Please note that a refund will not automatically be issued if you cancel your Booking using the “Cancel Booking” button on your Booking confirmation email, so you will still need to contact us directly to arrange a refund.
7 OUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING
7.1 Our right to cancel. In the event we are unable to honour your Booking for any reason, including (but not limited to) an act or event outside our reasonable control, such as riot, terrorist attack or war (or threat of either), fire, explosion, storm, flood or other natural disaster, pandemic or epidemic (including COVID-19), or any law or action taken by a government or public authority (including local or national lockdowns) or for operational or business reasons (for instance where premises need urgent repair or refurbishment or are closed, or where we do not have the capacity to accommodate you for any reason):
7.1.1 We will use our reasonable endeavours to provide you with an alternative table (or a table at an alternative premises) that meets your requirements; or
7.1.2 If we are unable to provide you with an alternative table (or table at an alternative premises) for whatever reason, or if you do not accept the alternative table or premises, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking.
We will endeavour to provide you with as much notice as reasonably possible if we have to cancel your Booking for any reason.
7.2 We may end the Booking contract if you break it. We may end the Booking contract at any time by writing to you at the email or postal address you provided to us at the time of Booking, or by cancelling your Booking with immediate effect and (if appropriate) ejecting you (or a member of your Booking) from our premises if:
7.2.1 you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
7.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the table, for example, information about allergies or other specific guest requirements;
7.2.3 you are otherwise in breach these terms; or
7.2.4 you wilfully or negligently interrupt our business or the business of our other guests.
7.3 You must compensate us if you break the Booking contract. If we end the contract in the situations set out in clause 7.2 we will refund any money you have paid in advance for any Booking but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8 OUR LIABILITY TO YOU
8.1 All property is left or brought into our premises entirely at the owner’s risk. We do not accept any responsibility for the loss or damage to any property left or brought into our premises.
8.2 We are not liable for business losses. We only take Bookings for domestic and private use. If your Booking is made for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or loss or reputation and/or goodwill, or similar.
8.3 Indirect losses. We are not responsible for any loss or damage that was not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Booking process.
8.4 Liability which cannot be excluded. Nothing in these terms and conditions shall exclude our liability for:
8.4.1 personal injury or death caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9 HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 How we will use your personal information. Your privacy is important to us and we will endeavour to keep your personal information safe and secure. We will use the personal information you provide to us:
9.1.1 to supply the table to you and administer your Booking;
9.1.2 to process your payment for your booking, where applicable; and
9.1.3 if you agreed to this during the Booking process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by unsubscribing or contacting us.
10 OTHER IMPORTANT TERMS
10.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things or that we are prevented from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
10.4 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.