ADDITIONAL TERMS AND CONDITIONS
These Additional Terms and Conditions supplement and are made part of the Hotel Del Coronado’s group sales contract (the “Agreement”) that is entered into by and between the Hotel and the Group as such terms are defined in the Agreement. All capitalized terms as used herein that are not specifically defined shall have the meaning ascribed to them in the Agreement.
- BANQUET FUNCTIONS:
For Group’s organized food and beverage functions, the following will apply:
• Overtime; End Time: Group agrees to begin Group’s meetings and functions promptly at the scheduled start time and to have Group’s attendees, exhibitors, and invitees vacate the designated meeting and function spaces at the agreed upon end time. Group understands that Hotel may have contractual obligations with other customers for their exclusive use of some or all of Group’s assigned meeting and function space following the scheduled conclusion of Group’s meetings and functions. So as to allow for the efficient transition from Group to any potential other customers, Group agrees to completely vacate (clean and clear) out of each of the assigned meeting and function spaces no later than the applicable end time(s) as noted in the Schedule of Events and/or Event Orders (as applicable). Group agrees that Hotel may add charges to the Group’s final invoice, and Group agrees to pay such charges, for the actual costs and expenses incurred by Hotel related to Group’s failure to completely vacate the meeting and function spaces by the indicated end time(s). Costs and expenses may include, but are not limited to, additional costs of Hotel labor including overtime wage payments to ensure that the meeting and function spaces are cleared and cleaned, costs for storing Group’s property and materials that were not removed from the meeting and function spaces, and reimbursement of damages and costs incurred by Hotel related to the Hotel’s inability to provide the contracted meeting and function spaces to other customers by their respective start times.
• Price Increases: There may be increases in prices due to unforeseen changes in market conditions at the time of Group’s Event. Hotel will communicate these increases to Group in advance. Hotel will require written confirmation that Group agrees to pay these increased prices, or at Hotel option, Hotel may make reasonable substitutions in menus and Group agrees to accept such substitutions.
• Set Up Charges: Should extensive meeting room set-ups or elaborate staging be required, there will be a set-up charge to cover Hotel costs and additional labor. If equipment is necessary that exceeds Hotel’s inventory, then Group agrees to pay for the cost of renting this additional equipment.
• Additional Spend: Group agrees to pay the Hotel for any food, beverages and other services not expressly set out in the Agreement and any appendix but provided on Group’s request during the Event. On or before the arrival date, Group will confirm to Hotel in writing the names of those persons who Group have authorized to sanction additional spend at the Event over and above the contracted amounts. All Hotel records for additional spend (meeting room rental, audio/visual equipment, flipcharts, F&B functions and other incidentals) will be presented to one of Group’s authorized signatories to be checked and signed on a daily basis. Failure of Group’s authorized signatory to review any or all charges on a daily basis will not be grounds for disputing the charges.
• Additional Charges: In addition to the customary charges associated with Group’s Event (for example, sleeping room rates, meeting room rental, banquet charges, audio-visual, etc.), Hotel may offer other services for which there may be fees either to Group or the individual attendee (as applicable). Examples of potential additional charges could include Package Handling, Business Center, Sign Making, Banner Hanging, Telephone Rental, Meeting Room Re-Key Fee, Electrical Power, Athletic Club, Parking, and Luggage Storage Charge. Prior to Group’s Event, Group may request that Hotel disclose to Group those potential additional charges that are in effect at the time of Group’s Event.
• Outside Food and Beverage: Due to applicable law, Group may not bring alcoholic beverages into the Hotel for Group’s Event. Group must obtain Hotel’s prior approval before Group brings any food or non-alcoholic beverages from outside sources into the Hotel. Service fees will apply to any outside food or beverage served in Hotel’s function space, regardless whether Hotel labor is required.
• Displays and Decorations; Group’s Property: Group may, at Group’s option, purchase insurance to cover Group’s personal property, including decorations, special objects and other property. To the fullest extent permitted by law, Hotel is not responsible for any loss or damage to property belonging to Group or Group’s attendees and Hotel does not maintain insurance covering Group’s personal property. All displays and/or decorations will be subject to Hotel’s prior written approval and Hotel reserves the right to contract and charge Group for Hotel staff to provide the labor for any installations or removals of such. Hotel will advise Group of such potential charges upon request.
• Conduct of Event: To the fullest extent permitted by law, Group assumes full responsibility for any damage done to Hotel premises during Group’s Event, including but not limited to any damage done to Hotel premises resulting from the installation, placement, and removal of Group’s displays, equipment, exhibits, or other items, but only to the extent such damage is caused by Group, Group’s employees, guests, attendees, agents, exhibitors, and contractors. For clarity, Group shall not be responsible for damage to guest sleeping rooms or public spaces of the Hotel not occupied by Group; in those instances, Hotel shall seek payment for damage from the responsible guest(s) or attendee(s). Group also agrees that Group’s Event will not create any unreasonable disturbance to other guests or meetings, such as excessive noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates offensive smells. Hotel reserves the right to end Group’s meeting or function immediately if Group does not comply with Hotel’s request to reduce or eliminate any such disturbance, in which case Group will remain responsible for payment of all charges related to Group’s meeting or function and no refunds will be issued by Hotel.
• Fire Safety: For the safety of persons and property, no fireworks or incendiary devices may be used indoors at the Hotel. All room sets must be in compliance with the local Fire Department regulations, including those pertaining to occupancy load, mandatory aisles, ceiling clearance and fire exits. Any function that has vehicle displays, fog machines, fueled cooking demonstrations, lasers, exhibits (including tabletop) or extensive productions with staging and props, must have a certified permit from the local Fire Marshall. All associated fees for permits, floor plan approval and stand-by fire watch are Group’s responsibility and final approved copies of all such permits must be provided to Hotel at least three (3) days prior to Group’s Event. Should Group require any rigging services for this Event, all such services must be arranged through the in-house audio-visual provider or the Hotel, and Group will be responsible for payment of applicable rigging costs and charges.
• Security: If required, in Hotel’s reasonable judgment, in order to maintain adequate security measures in light of the size and/or nature of Group’s Event, Group will provide, at Group’s expense, security personnel supplied by a licensed guard or security agency, which agency will be subject to Hotel’s prior approval. Such security personnel may not carry weapons. Hotel may require that Group’s outside security agency to sign a hold harmless, indemnification and insurance agreement in the form currently in use at the Hotel for similar outside security agencies, and provide proof of insurance in amounts acceptable to Hotel, before the outside security agency will be allowed to provide security services on Hotel premises.
- GUEST RESERVATION INFORMATION:
If Group requests that Hotel provide Group and/or Group’s representative(s) with access to guest reservation information pertaining to guests who have reserved rooms at the Hotel as part of the Room Block (each, an “Attendee”) established pursuant to this Agreement, then Group certifies that Group has already obtained, or will obtain, consent from each of Group’s Attendees for the Hotel or Hilton Domestic Operating Company Inc. (“Hilton”) to provide to Group and/or Group’s representative(s) such Attendee’s reservation information, and Group further agrees to reimburse Hotel and Hilton for any costs, damages, fees or expenses of any kind arising from any claim(s) by an Attendee relating to the Hotel’s or Hilton’s disclosure of any Attendee’s reservation information.
- DISCLAIMER OF LIABILITY:
To the fullest extent permitted by law, Group agrees that in no event will Hotel be liable for (1) any services or products provided, or to be provided, to Group by any third party supplier or contractor (including, but not limited to, companies that provide meeting registration or management services, florists, decorators, musicians, etc.), or (2) any liability arising out of any agreement between Group and any such third party supplier or contractor that Group hires or retains to provide services to Group’s Event. For the avoidance of doubt, this disclaimer applies even if such third party supplier or contractor (1) was recommended by Hotel to Group, (2) was as a preferred supplier / vendor of the Hotel, and/or (3) pays Hotel commissions or provides Hotel with other incentives based on their services paid for by Group.
- AUXILIARY AIDS:
The Hotel represents that it contains accessibility features for individuals with disabilities and, where needed, the Hotel will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensure that Hotel guests have equivalent access to the Hotel’s goods, services, and accommodations. Group agrees that no later than one week in advance of Group’s Event, Group will furnish to Hotel a list of any auxiliary aids needed by Group’s attendees in meeting or function space. Except as required by applicable laws, Group agrees that Group will be responsible for the procurement and payment of all charges for any and all auxiliary aids. Hotel will, upon Group’s request, furnish Group with the names of businesses Group can contact to obtain these aids. Group also agrees to be responsible for compliance with the Americans with Disabilities Act in the set up and conduct of meetings for Group’s Event.
- COMPLIANCE WITH LAWS:
Each party agrees to comply with all applicable laws and regulations related to the Event that is the subject of this Agreement, including without limitation, health and safety codes, anti-terrorism, anti-corruption, anti-money laundering laws and regulations, and fire regulations. Each party agrees to cooperate with the other party and any relevant government authority to ensure compliance with such applicable laws and regulations. Given that Hilton is headquartered in the United States of America, hotels operating under the Hilton portfolio of brands are legally restricted from conducting business with certain persons or entities that are designated on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Other Blocked Persons (including terrorists and narcotics traffickers) (the “OFAC List”) or otherwise based in or associated with certain territories subject to comprehensive U.S. sanctions. The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. Accordingly, Group represents and warrants that Group is currently not, and Group is not booking on behalf of or for the benefit of, any person or entity who is: (i) identified, on the OFAC List, or on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions; or (ii) the government of, or any persons or entities based, located, or ordinarily resident in, a territory subject to comprehensive U.S. sanctions. For the avoidance of doubt, this representation and warranty applies equally with respect to the Group, the Group’s third party planner for this booking, as well as those persons and entities that, to the Group’s knowledge, will be using any of the facilities contracted under this Agreement. If this representation and warranty changes prior to Group’s arrival date, then Group must notify the Hotel immediately. Group expressly acknowledges and agrees that Hotel’s ability to perform under this Agreement is subject to Hotel’s compliance with applicable laws, including but not limited to sanctions laws and regulations. In addition to any other legal rights and remedies available to Hotel under applicable laws, Hotel may cancel the Event and this Agreement without liability to Group, Group’s attendees or any third parties who may otherwise have benefitted from the use of Hotel facilities under this Agreement if Hotel reasonably believes it is necessary to do so in order for Hotel to comply with Hotel’s obligations under applicable laws or regulations, including (but not limited to) if Group is added to any restricted party listings as described in this Compliance With Laws clause or if Group otherwise violates the terms of this Compliance With Laws clause.
- PROMOTIONAL CONSIDERATIONS:
Hotel have the right to review and approve any advertisements or promotional materials in connection with Group’s Event that specifically reference the name of the Hotel or a name or logo owned by a subsidiary of Hilton Domestic Operating Company Inc., including (but not limited to): Hilton, Hilton Hotels & Resorts, Conrad Hotels & Resorts, Canopy by Hilton, Curio – A Collection by Hilton, Waldorf Astoria Hotels & Resorts, Embassy Suites by Hilton, DoubleTree by Hilton, Hilton Garden Inn, Hampton Inn, Hampton Inn & Suites, Home2 Suites by Hilton, Tru by Hilton, Homewood Suites by Hilton, Tapestry Collection by Hilton, and Hilton Grand Vacations. Group agree that Hotel may share Group’s Event and Planner information with Hotel third party providers who offer support services to groups holding meetings/functions at the Hotel, including audio/visual services, decorators, florists, and others.
- DISPUTES INVOLVING CREDIT CARD PAYMENTS:
As a condition of Hotel agreeing to accept Group’s credit card as an approved form of payment for all Master Account charges, Group agrees that any dispute that Group may raise with respect to any Master Account charges must be addressed directly between Group and Hotel and to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be resolved in accordance with the dispute resolution provisions as contained in this Agreement.
- SUCCESSORS AND ASSIGNS:
The commitments made by each party will be binding on their respective successors and assigns. In the event that Group assigns, sells, conveys, pledges or otherwise disposes of all or substantially all of its assets (collectively referred to as “assignment”), by operation of law or otherwise, this Agreement and the obligations herein must also be assigned to and assumed by the successor organization, subject to approval by Hotel. In the event such an assignment is completed, Group agrees to notify Hotel no later than least thirty days following the close of the assignment transaction of the entities involved. Hotel will thereafter have 20 days in which to notify Group if assignment is approved. Group may not otherwise assign this Agreement or any rights hereunder. Group may not re-sell reservations. If Hotel becomes aware of any violation of this section, Hotel may immediately terminate the Agreement without incurring any liability to Group for contracted rooms or rates and Group will be responsible for any damages resulting from the cancellation as set forth herein.
- SEVERABILITY; NON-WAIVER:
Any provision in this Agreement that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Either party’s failure to enforce any term or condition of this Agreement does not waive that party’s right to enforce that or any other term or condition at any time.
Any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both Group and Hotel; provided, however, that this Agreement includes all signed or unsigned Event Orders (and the terms and conditions contained therein and attached thereto) issued by Hotel for this and related functions/events and that Group’s final guarantee of attendance may be made by phone. For purposes of this Agreement and any amendment or modification thereto, or for any other notice or communication between the parties, signatures sent or received by email with a scanned document with signature attached or by facsimile transmission will be considered as enforceable and valid as an original signature by the party signing. The effective date of communications between the parties will be determined as follows: (i) communications sent via U.S. Mail (or local equivalent) or private mail delivery service (i.e., Fed Ex) or email will be effective as of the date sent; and (ii) communications sent via facsimile will be considered effective as of the date and time on the facsimile confirmation sheet retained by the sender. For the avoidance of doubt, emails, including emails that bear an electronic “signature block” identifying the sender, do not constitute signed writings for purposes of this Agreement.
LAST UPDATED: September 6, 2017