EXPRESS AGREEMENT (EMEA AND APAC REGIONS) – ADDITIONAL TERMS AND CONDITIONS
These Additional Terms and Conditions and the Express Agreement, each hereby made a part hereof (collectively, the “Agreement“) is entered into by and between the Hotel and the Client as such terms are defined in the Express Agreement. All capitalized terms as used herein that are not specifically defined shall have the meaning ascribed to them in the Express Agreement. For the entire term of your use and occupancy of the Hotel premises during your Event, you shall comply with all of the requirements set forth herein as posted on this website.
- ADDITIONAL SPEND: You agree to pay the Hotel for any food, beverages and other services not expressly set out in the Express Agreement and any appendix but provided on your request during the Event. On or before the arrival date, you will confirm to us in writing the names of those persons who you have authorised to sanction additional spend at the Event over and above the contracted amounts. All our records for additional spend (meeting room rental, audio/visual equipment, flipcharts, F&B functions and other incidentals) will be presented to one of your authorised signatories to be checked and signed on a daily basis. Failure of your authorised signatory to review any or all charges on a daily basis will not be grounds for disputing the charges.
- OUTSIDE FOOD AND BEVERAGE: Due to applicable law, you may not bring alcoholic beverages into the Hotel for your Event. You must obtain our prior approval before you bring any food or non-alcoholic beverages from outside sources into our Hotel. Service fees will apply to any outside food or beverage served in our function space, regardless whether Hotel labor is required.
- DELIVERIES: Arrangements for delivery of packages should be made through your designated Event manager. Receiving, handling and shipping charges may apply. No packages will be accepted by us that require us to pay shipping costs. Deliveries will only be accepted within 48 hours prior to your arrival date, unless otherwise agreed by us in advance. All deliveries must be correctly labeled as per our guidelines. To the fullest extent permitted by applicable law, we shall not be responsible for any damage to or loss of your packages.
- OUTSIDE CONTRACTORS: Should you elect to utilize outside contractors on Hotel premises during your Event, you must notify us at least 10 days in advance of your Event. We may require that your outside contractors sign a hold harmless, indemnification and insurance agreement in the form currently in use at the Hotel for similar outside contractors, and provide proof of insurance in amounts acceptable to us (amounts and types of insurance to be determined in our sole discretion based on the type of services the outside contractor will be providing) before the outside contractor will be allowed to provide services on our Hotel premises. In some instances, Hotel may be required, pursuant to obligations imposed on Hotel by labor unions or collective bargaining agreements, to utilize Hotel labor to provide certain services, and you agree to pay the fees and/or charges associated with these services.
- CONDUCT OF EVENT: To the fullest extent permitted by law, you assume full responsibility for any damage done to our premises during your Event, including, but not limited to, damage caused by you, your employees, guests, agents, and contractors and any damage done resulting from the installation, placement, and removal of your displays, equipment, exhibits, or other items. For purposes of clarity, you shall not be responsible for damage to guest sleeping rooms or to public spaces of the Hotel not occupied by you; in those instances, Hotel shall seek payment for damage from the responsible guest(s). You are advised to obtain and keep in force the appropriate insurance, a certificate or proof of which may be requested by the Hotel. You may, at your option, purchase insurance to cover your decorations, special objects and other property. The Hotel has no insurance for and, to the fullest extent permitted by applicable law, the Hotel shall not be responsible for any damage to or loss of your property. If required, in our sole and reasonable judgment, in order to maintain adequate security measures in light of the size and/or nature of your function, you will provide, at your expense, security personnel supplied by a reputable licensed guard or security agency doing business in the city or country in which we are located, which agency will be subject to our prior approval. Such security personnel may not carry weapons.
- 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. Group expressly acknowledges and agrees that Hotel’s ability to perform under this Agreement is subject to Hotel’s compliance with all applicable laws. 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 anyone if Hotel reasonably believes it is necessary to do so in order for Hotel to comply with Hotel’s obligations under all applicable laws or regulations
- CANCELLATION FOR CAUSE: In addition to any other legal rights and remedies available to us under applicable laws, we may cancel your Event and the Express Agreement without liability under any of the following circumstances: (i) if advance payments or deposits are not paid on a timely basis; (ii) if you, or any of your employees, agents, sub-contractors or officers, commit any illegal act, or act in such a way as is likely to adversely affect the reputation of the Hotel or Hilton; or (iii) for other reasons if we reasonably believe it is necessary to do so in order for us to comply with our obligations under applicable laws or regulations. In the event that we cancel your Event for cause as provided for under this clause, then we will be entitled to the full cancellation fees as provided in the Express Agreement.
- HOTEL’S RIGHT TO CANCEL FUTURE EVENTS: We may elect to cancel any agreements separately made between you and the Hotel for additional meetings/functions to be held in the future without any liability to you for such cancellation (no fees, charges, damages or penalties shall be due from the Hotel as a result of the cancellation and no claim shall be brought against the Hotel as a result of the cancellation) if any of the following occurs: (i) the master account for a completed Event remains unpaid after 60 days; (ii) should your employees, agents, contractors or attendees cause unreasonable damage or disruption to Hotel’s premises, operations or guests; (iii) in the event of any criminal activity on Hotel’s premises arising out of or related to your Event; or (iv) if you book and subsequently cancel an excessive number of confirmed events, as determined by Hotel in its sole discretion.
- PROMOTIONAL CONSIDERATIONS: We have the right to review and approve any advertisements or promotional materials in connection with your Event that specifically reference the name of the Hotel or a name or logo owned by a subsidiary of Hilton. You agree that we may share your Event and Planner information with our third party providers who offer support services to groups holding meetings/functions at our Hotel, including audio/visual services, decorators, florists, and others.
- EVENT PLANNER BONUS PROGRAM (IF APPLICABLE): If an individual is designated in the Express Agreement as the Event Planner, that person may be eligible to earn an Event Planner Bonus for a qualifying event. Only the Event Planner who is specifically named in the Express Agreement will be eligible for this Event Planner Bonus. Full details and rules regarding the Event Planner Bonus Program are available by visiting hilton.com. You agree to take full responsibility for determining whether disclosure of the Event Planner Bonus is required and for making such disclosure if it is required
- COMMISSIONS (IF APPLICABLE AND THEN ONLY TO AGENTS): If your rates are commissionable, then we will only pay commission to those agencies who are certified members of IATA, TIDS or HBAA (or similar bodies). If your Event includes bedrooms accommodations, commission will be paid on the bedroom rate (exclusive of any rebates, housing company fees or other subsidy) for each bedroom actually occupied and paid for by you or your attendees that was reserved as part of your established room block at the special group rates as specified in the Express Agreement. Commission will be paid only to the designated Planner, unless before the commencement of the Event, we receive notice in writing signed by you and the designated Planner that the commission is to be paid to some other person or entity. Unless specifically mentioned otherwise in the Express Agreement, commission will be paid in a single payment but only after we receive full payment for the Event as well as a valid commission invoice. We have no obligation to take any action to collect funds to be paid as commissions. You agree to take full responsibility for determining whether disclosure of the commission is required and for making such disclosure if it is required. You further agree to reimburse us for any fees, costs, liabilities or expenses that we incur should any person claim disclosure was insufficient.
- DISPUTE RESOLUTION / GOVERNING LAW: The parties agree to use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to the Agreement by presenting the dispute to senior representatives of each party for their discussion and possible resolution in the order set forth herein; provided, however, a dispute relating to infringement of intellectual property rights shall not be subject to this provision. If within thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the parties are unable to agree upon a resolution of such dispute, then either party may give notice to the other party of its intention to pursue litigation. The Agreement will be governed by and interpreted pursuant to the laws of the country in which the Hotel is located, excluding any laws regarding the choice or conflict of laws. Litigation of disputes arising out of or in connection with the Agreement will be resolved in a court of competent jurisdiction in the city and country in which the Hotel is located (or the closest available location).
- COLLECTION / LEGAL FEES: The parties agree that in the event that any dispute arises in any way relating to or arising out of the Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable legal fees and costs, plus pre and post judgment interest. If we retain the services of a collection agency or legal representative to assist in the collection of any amounts due to us under the Agreement, you will pay all expenses incurred by us in such collection efforts.
- SUCCESSORS AND ASSIGNS: The commitments made by each party will be binding on their respective successors and assigns. You not may assign the Express Agreement or any rights hereunder without prior written approval of Hotel. Further, the facilities contracted in the Agreement, including the meeting rooms, are for your exclusive use. You may not re-sell reservations. If we become aware of any violation of this section, we may immediately terminate the Agreement without incurring any liability to you for contracted rooms or rates and you will be responsible for any full cancellation fees resulting from the cancellation.
- NO BINDING PRECEDENT: Given that each group booking opportunity is evaluated by Hotel based on numerous factors (including, but not limited to, rate and room availability, total minimum anticipated revenue, seasonal demands, etc.), for the avoidance of doubt, the terms and conditions agreed to in this Agreement by Hotel, including but not limited to the special rates and concessions described herein, are for the benefit of the Event set out in this Agreement only and cannot be used to create a binding precedent by Client for future events at our Hotel or at any other hotel operating within the Hilton portfolio of hotels.
- MISCELLANEOUS: Any amendments or changes to the arrangements described in the Express Agreement must be made in writing, signed by both you and us, provided, however, that your final guarantee of attendance may be made by phone. Any provision in the 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.
Last Revised 15 MARCH 2020