1.1 This Agreement is between the contracting member of the booking party ("you" and "your") and Hayward Gallery, Southbank Centre (registered charity number 298909) whose registered office is at Belvedere Road, London SE1 8XX (the "Company", "we", “our” and "us").
1.2 The terms and conditions contained herein are displayed on the Company's website at: carstenholler.southbankcentre.co.uk (the "Site"). The making of a booking and payment of full balance will constitute the formation of a legally binding Agreement on these terms and conditions between you and the Company for the use of the Accommodation.
In this Agreement the following terms have the following meanings:
‘Accommodation' means the premises (the Hayward Gallery);
‘Accommodation Cost' means the cost of your use of the Accommodation;
‘Agreement' means this Agreement;
‘Booking Confirmation' means an email or letter from the Company to you confirming your booking, subject to the terms of this Agreement.
3. Your Obligations to Us
3.1 By making the booking, you warrant that:
3.1.1 You are over 18 years old;
3.1.2 You are making the booking for your own use and not on behalf of any other person.
3.1.3 You are authorised to make the booking under these terms and conditions by all other members of the party;
3.1.4 You accept full responsibility for all persons who will use the Accommodation;
3.1.5 You accept full responsibility for making all payments due to us under this Agreement; and
3.1.6 You have read all of these terms and conditions and understood that you will be bound by them.
3.2 Cancellations: If you have to cancel your booking, we require your instruction in writing and we will charge you (i) if the cancellation is made within 1 week of arrival, 100% of the Accommodation Cost, or (ii) if the cancellation is made 1 week or more before arrival, 0% of the Accommodation Cost.
3.3 You agree to indemnify us against all loss and damage to the Accommodation and its contents caused (whether directly or indirectly) by or arising out of any deliberate or negligent act or omission by you, or any person accompanying you, and, without limitation of the foregoing, to pay us forthwith upon written demand our costs in making good any such loss and damage.
3.4 Hayward Gallery shall not be liable for any damages or losses of any kind. All claims and rights, other than in respect of death or personal injury, shall be waived by the guests.
3.5 For the avoidance of doubt, should any cleaning be required following your stay in the Accommodation which is more than would normally and reasonably be anticipated by us, the cost of such cleaning shall be treated as damage and made good by you pursuant to clause 3.3 above. Such extra cleaning will not normally cost less than £250, but may cost considerably more.
3.6 You undertake to keep the Accommodation and its fixtures and fittings in the same state of repair as at the commencement of your stay (save for reasonable wear and tear). Any breakages and damages must be reported as soon as possible following the instructions on the reporting card in the Welcome Pack.
3.7 You and all members of your party undertake to behave lawfully at all times at the Accommodation. The Hayward Gallery has the right to refuse access to or evict those who are overly intoxicated or behaving inappropriately. If you are evicted pursuant in accordance with this clause , we will have no liability to you or any member of your party, including without limitation the payment of any costs or expenses incurred by you as a result of not being able to occupy the property. We will have no further obligation to you, including without limitation finding alternative accommodation for you.
3.8 You, or any person accompanying you, are not permitted to smoke at the Accommodation.
3.9 You, or any person accompanying you, are not permitted to bring food or drink into the gallery spaces, except bottled water provided. Tea and coffee making facilities will be provided in the Dan Graham Pavilion on demand.
3.10 Pets or animals of any kind are not allowed at the Accommodation.
3.10.1 Assistance dogs are permitted at all Accommodation, however you must inform us prior to arrival that you will be bringing an assistance dog
3.11 You and your party will have access to the Accommodation as follows:
- You will not have access to the Accommodation until after 7pm Mon-Wed & Sat and 8pm Thurs-Fri
- On the day of arrival and you must vacate the Accommodation by 8am on the day of departure.
- You and your named companion must jointly undertake an induction and safety briefing prior to entering the Accommodation, so it is imperative that you and your companion arrive together. Failure to comply with this requirement will result in you and/or your companion being denied access and no refund will be made.
- Briefing sessions operate between 7–9pm Mon-Wed & Sat and 8-10pm Thurs-Fri
- For security reasons the credit or debit card used for booking and photo identification for you and your named companion must be presented on arrival to the Hayward Gallery. A passport or photo-driving licence is suitable.
- If you have not arrived and have not contacted us by 9pm Mon-Wed & Sat and 10pm Thurs-Fri on the day of arrival, we may treat your booking as having been cancelled by you. No refund will be made in this situation.
3.12 Your booking must be for recreational purposes only and not used for gatherings, nor for any commercial undertaking or photographic shoots, nor for any unlawful purpose.
3.13 The Company has access to the Accommodation during your stay, where Gallery Security will be on hand at all times.
3.14 If you have any issues concerning the Accommodation during your stay you should notify us as soon as possible using the information found in the Welcome Pack. We will not normally make any refunds in respect of complaints made after your departure from the Accommodation if you did not make the complaint or problem known as advised in the Welcome Pack during your stay. In considering any complaint we will take into account whether we have been given the opportunity to investigate it and provide a remedy at that time.
3.15 Force Majeure: Except where otherwise stated in this Agreement, we shall not be liable for any change or cancellation which is a result of circumstances beyond our reasonable control and which we could not reasonably have foreseen, including but not limited to strike, lock-out, labour dispute, act of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of an Owner, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
3.16 You must not occupy the Accommodation with any more people than we allow:
- The number of people allowed is restricted to the number of people for which there are bed spaces.
- The maximum number of people allowed is two, one of whom may be a child over the age of 12. Children under the age of 12 are not permitted to enter.
- You are not permitted to bring or allow guests into the Accommodation at any time.
3.17 You agree not to cause any nuisance or disruption at the Accommodation or its surrounding premises, and not to do anything which may interfere with other individuals’ use or enjoyment of those premises, or which may cause disruption to the normal operation of those premises.
3.18 If you or any member of your party has any medical problem or disability that may affect your booking, you must advise us of the full details before you confirm your booking. If we are unable to properly accommodate the particular needs of the person concerned we may decline or cancel the reservation.
3.18.1 If you or any member of your party needs to bring any equipment to the Accommodation to assist with any medical problem or disability, you must advise us of the full details before you confirm your booking. If we are unable to properly accommodate any equipment needed we may decline or cancel the reservation.
3.18.2 If you or any member of your party need to bring an assistant they will be counted as part of the number of people allowed at the Accommodation.
3.19 As the booking process is via electronic media, you must advise us of any change in your e-mail address or any other contact details as soon as possible.
3.20 You warrant that you will be staying at the Accommodation and that as part of the booking process, you will supply the name of the person staying with you.
3.21 You warrant that you have made only one booking for the Accommodation for the period that the Accommodation is open to the public for you and/or your companion. If you and/or your companion make more than one booking, additional bookings may be cancelled.
Carsten Höller, Two Roaming Beds (Grey), 2015. © Carsten Höller. Produced with Bonniers Konsthall, Stockholm, and HangarBicocca, Milano. Installation view: Carsten Höller: Decision, Hayward Gallery, London, 2015. Photo © David Levene