Terms & Conditions

The Hire:

The payment charged and received is merely for the rental of the barn and its equipment and fittings. It does not include any service from us that might attract a liability to pay VAT. We may perform acts during the course of the rental period that may, by coincidence, be of assistance to you; however, these will merely be us protecting our investment.

Safety & Insurance:

Please note that the hirer is responsible for its own and its guests safety and that children in particular should be supervised and restricted to the barns and their grounds as there are ponds in and around the walled garden. Persons attending an event at Hayne do so at their own risk and on the strict understanding that we do not accept any liability for damage to or loss of property incurred on site no matter how caused. The Client will be held responsible for any damage caused to Hayne as a direct result of negligence by the Client, their guests or their Contractors. The management reserves the right to terminate the function at their discretion in the event of damage being caused or likely to be caused.

Booking & Deposit:

Bookings are contractual once we have receipted the non-refundable deposit. The full fee must be made no later than 30 days before the day of the event. The deposit will be returned after the event subject to any deductions for cancellations or damages. In the event that any loss or damage to equipment, fixtures & fittings or the building fabric and surroundings exceeds the deposit the hirer will be responsible for such additional costs.

Setting out:

We will endeavour to be on hand whilst you are setting out but cannot guarantee this. Access to decorate the main barn is from 2pm-6.30pm on the day prior to your event then again from 8am onwards the next day. Lean-to area accessible anytime from 2pm on the day prior to your event (if booked over a 3 day hire period).

Hours of Use:

We require that music and the service of drink finishes by the times specified on our license and that guests depart no later than half an hour after the latest closing time on that day. It is recommended that taxis where used are ordered in advance. Service supplies are required to vacate the premises by 2:30am.

Heating:

The biomass wood chip boiler will provide heating for the barns, kitchen and parlour (loos/showers) by means of underfloor heating.

Access & Parking:

Church Lane is a single-track public road, however the majority of users will be going in the same direction at the same time. We recommend that an usher or other responsible person assist with parking to make best use of the space available. External lights will provide some low level lighting for the car park areas at night. You are asked to ensure that at the end of the event guests leave the premises and the village quietly and considerately.

Tables & Chairs:

We have a limited supply of 5ft round tables & 6ft trestle tables and folding wooden chairs.

Catering:

We do not wish to restrict your choice of caterer, but require you to notify us of your choice of caterer before confirming their instructions.

There is an outside catering area with power and water supplies and it will be made available in a clean and tidy condition. Your caterer is required to leave it in no worse a condition. Caterers are required to take away their own rubbish and their waste water.  We can assist with arrangements if you’d like to use a catering tent.
It is preferred that cutlery, crockery, linen tablecloths and napkins are to be provided by Hayne. Only Hayne’s glassware is to be used.
We will need you to verify that the caterers are registered for Health & Safety with their local authority and have appropriate public liability insurance.
We require your caterer to provide sustenance for the members of staff overseeing your event.
Please furnish your supplies with a copy of our Providers Terms of Acceptance available on the web site or request.

Staff Access & Parking:

The caterers have access to unload directly to the catering area but are asked to park their van next to the plant room where there is an external power socket suitable for refrigerated vans.

Bar & License:

The premises are licensed for the sale of alcohol, music and entertainment and the service of late night refreshment. We do not permit outside bar services other than those arranged by us. No alcohol is to be brought onto the premises other than that agreed in the Drinks Allowance section.

Deliveries:

Please note that we cannot accept deliveries outside the hire period, or be held responsible for receiving, checking or for the security of any deliveries / items belonging to the hirer or caterers (e.g. deliveries of drink, flowers, decorations, furniture etc.). The premises benefits from coverage by infrared CCTV cameras but this cannot be relied upon.

WC’s and Change Facilities:

The venue provides a baby-changing area / disabled WC, Ladies and Gents WC’s. Hand driers, loo paper and hand soap will be provided. For those who are camping, there are shower facilities too.

Candles & Pyrotechnics:

We do not permit the use of naked flames except for night /”T” lights in a secure non-combustible container if pre-arranged with the Owners. Due to the thatched house NO fireworks / Chinese Lanterns or suchlike are permitted anywhere on the premises.

Decorations:

No decorations or other may be fixed or otherwise to any surface without prior approval. There are a good number of suitable hanging hooks to use which are already in place.

Gardens:

The hire of Hayne Barn includes use of the walled garden. The gardens will be provided with short mown grass and we will endeavour to keep it neatly presented and free from immediately apparent trip hazards and holes. We accept such things as bouncy castles but they are at your own risk.

Confetti:

Confetti is restricted to dried flower petals only and to allocated area(s) specified unless agreed otherwise:
on the lawn in front of the main barn and inside the barn.

Clearing Up:

The barn will be provided in a clean condition. Within the hire period all your property must be removed, the barn swept and any spills and breakages cleared up (please clear up red wine immediately). Rubbish and waste from all areas (including catering waste) must be cleared from the site. We do expect to clean the barn and facilities between events but expect that this should be a regular rather than specialist clean. Any damage to the barn, furniture or fixtures & fittings must be reported and the cost of this or any onerous cleaning costs will be recovered from the deposit or by additional invoice.
All hired equipment, plates and so forth must be removed by 12:00 noon on the day following the event.

Confirming the Booking:

A provisional booking will be held for a maximum of 10 days. On receiving your £1,000 deposit and written confirmation in the booking form we can then confirm your booking. The remaining on-line balance is to be paid ideally a month in advance but no later than two weeks prior to your event.

Cancellations & Amendments:

Minimum numbers are to be agreed with the venue when booking the function and will form the basis of the contract.
In the unfortunate event of a cancellation, the venue must be notified in writing.
The following financial penalties apply:

Period of Notice Cancellation Fee

Booking date to 12 months prior to the event: deposit will be non-refundable.
4 – 12 Months: deposit will be non-refundable plus 80% of anticipated revenue*
Less than 4 months: deposit will be non-refundable plus 100% of anticipated revenue*

*Anticipated revenue is based on agreed minimum numbers for beverage and room hire.
In the unlikely event that Hayne Barn should have to cancel a booking, the Client’s deposit along with any balance paid, will be returned.

Health & Safety:

The clients are responsible for ensuring all external contractors; e.g. discos/entertainers are fully insured and can show proof of all health & safety and public liability documentation required by the management of the venue. Hayne Barn is not responsible for food or items e.g. cake, presents, etc brought onto the premises or storage of items or same.

Children:

Hayne Barn welcomes children of all ages. It is illegal to sell alcohol to any person who is aged under 18. 16 or 17 year olds can only drink wine, beer or cider with a table meal if an adult has bought drink and if they are accompanied by an adult. Hayne Barn has the right to refuse to serve alcohol to any persons who are, or look under the age of 18 years old. Identification will be asked for proof of age. Adults are not permitted to supply or provide alcohol for people under the age of 16 at Hayne Barn. Please note young children must be accompanied at all times. Please also be aware there is a pond in the walled garden and a water feature in front of the house and although there is protective mesh under the surface of the water we cannot accept any responsibility for the safety of young children.

Damage:

The client is responsible for all damage and breakages incurred during their event. If any furniture belonging to Hayne Barn has been stained or damaged the client will be charged for the cleaning/replacement of this item (NB: sofas, chairs, chair pads, rugs, garden furniture). In extreme circumstances we reserve the right to terminate the function at our discretion in the event of damage being caused or likely to be caused. An invoice for any breakages would be raised after the event and must be paid within 14 days of receiving this via email.

Invoicing and Payment:

Full payment is required 14 days before the event. After the event any item missed will be invoiced, showing any additional charges incurred by the client or their guests. This invoice would be raised after the event and must be paid within 14 days of receiving it via email.

Terms & Conditions –

Definitions and Interpretations

Agreement means the Booking Form, these Terms and Conditions and any other additional terms and conditions agreed to or put in place by the Owners for the purposes of giving effect to the purpose of the agreement between the Owner and the Client.

Arrival Date means the date indicated on the Booking Form.

Booking Deposit means the amount indicated on the Booking Form required to secure the booking which shall be £1,000.

Booking Form means the booking form prepared by the Owners and signed by the Client.

Client means the person, persons, corporate entity or other body entering into the Agreement with The Owner.

Contractor means any person engaged by or on behalf of the Client to come to the Premises to undertake any task whatsoever.

Deposit means the deposit indicated on the Booking Form which, in all cases, shall be non-refundable.

Fee means the total fee indicated on the Booking Form as payable for the duration of the stay.

Owners mean Tim & Milla Herniman of Hayne Barn or their transferees or assignees from time to time.

Premises means Hayne Barn (excluding staff and private accommodation) situated at Hayne, Zeal Monachorum, Devon, EX17 6DE.

Security Deposit means the security deposit indicated on the Booking Form to cover damage and any other deductions that are deemed necessary by the Owner after the Client has left the Premises.

Bookings: No booking shall be confirmed until the Client has returned a signed Booking Form and paid the Booking Deposit, which is acknowledged and accepted by The Owner. The terms of the booking form and these conditions form the entire agreement. The Client undertakes to provide accurate and complete information, which shall include the number of guests in total. The Client undertakes that the Client and any guests will only use the Premises for the purposes identified on the Booking Form.

Payments: All payments must be made at the times and in the manner set out in the Booking Form. Booking Deposits are payable at the time of confirmation of a booking by BACS transfer or cheque. The balance of the Fee is payable as set out in the Booking Form. Failure to comply with payment terms may result in the Owner cancelling the booking.

Cancelled Bookings: All cancellations must be made in writing and can only be made up to the date upon which the final balance is due and payable. Any further payments that have been made (excluding the non-refundable deposit) will be refunded in full at the time The Owner succeeds in selling the cancelled date(s) for the same or greater sum than the total sum paid by the Client. In the event that the date(s) are sold for a lesser sum then the difference will be deducted from the sum due to be refunded to The Client. If the Owner does not sell the date at all then no refund shall be made of any sums received. The Owner will use its reasonable endeavours to sell the cancelled date(s).

In the event that the Client cancels the Booking for any reason whatsoever or the Booking is cancelled due to The Client’s failure to pay any outstanding sum after the Owner has given notice in writing as set out below. The Booking Deposit is not refundable at any time and any other sums paid are only refundable in the event that the Owner can sell the available dates as set out below.

If the client does not pay any sum by its due date the owner may at any time thereafter give notice in writing to the client of its intention to cancel the booking. If the client does not pay that sum within 7 days of receipt of such notice the booking will be cancelled in which case The client will remain liable to pay the owner all sums due and owing as at the date of cancellation. If the owner fears that the client will breach any terms of this agreement or cause damage to the premises or has other good cause to cancel the agreement, The owner may cancel the booking by notice in writing to the client at any point and/or remove the client from the premises.

Contractors: the owner must approve all contractors employed by the client to provide services at the premises. The client will use ensure that all contractors comply with the client obligations herein and any failure to do so will result either in removal of the contractor from the premises or refusal to allow the contractor access to the premises. Approved contractors must show evidence of Public and Third Party Liability Insurance. All contractors must hold Public Liability Insurance cover of at least £5 million.

Contractors must comply fully with all current Health & Safety legislation and/or any other safety requirements of the Owner. Contractors are fully responsible for keeping and leaving the area used by them in a clean, tidy and safe condition. In the event that this is not done to the reasonable satisfaction of the Owner, the Owner will employ professional cleaning contractors to carry out the work and the original contractor and/or the Client will be responsible for paying their costs. No Marquees are permitted unless agreed with the Owners. Catering contractors must agree with the Owner where they will operate and locate any equipment. Entertainment Contractors must agree with the Owner the location and positioning of their mobile units. All contractors must agree with the owner access to the premises for preparation and clearing. All contractors must remove all waste and rubbish that result from their attendance and operation at the Premises. Failure to do so will lead to a deduction from the Security Deposit of £200.

Electrical Appliances: all electrical appliances connected to the owner’s supply must be certificated in accordance with the statutory requirements for portable electrical appliances used at public events details (PAT tested) of which can be obtained from the owner if required. All cables must be properly protected to avoid causing a hazard to others.

The use of deep fat fryers or any other electric or gas deep fat fryers are expressly prohibited.

Damage & Liability: the client and/or their contractors are liable for any and all damage caused by them to the premises and its fixtures, fittings and other contents howsoever caused. The owner shall take a refundable cautionary deposit as set out in the booking form. Any and all deductions from the Security Deposit are at the absolute and sole discretion of the Owner. The client shall not attach, affix or otherwise fix anything to any part of the interior or exterior of the premises.

The Owners Liability: the owner will be liable for death or personal injury caused by its negligence or that of its managers or staff but not otherwise (for the avoidance of doubt any person that is paid directly or indirectly by the client or other person for work undertaken at the premises shall not be construed as an employee or other officer of the owner). The owner confirms that it has and will maintain adequate public liability insurance and adequate insurance for The premises and its contents.

Where the premises and/or its grounds are hired by a client under a consumer transaction (as defined in the Consumer Transaction [Restrictions on Statements] Order 1976) the statutory rights of the client are not affected by this agreement. The owner will not accept liability for any loss, damage, injury, death or any consequential loss arising as a result of acts or omissions by the client, its guests or its contractors before, during or after an event or function and the client will indemnify the owner against any loss damage liability expense or costs incurred by The Owner as a result of any claim demand or proceedings threatened or instituted against the owner for personal injury or loss or damage to property and arising directly or indirectly from any act or omission of the client, its guests or its contractors during their use of the Premises and/or its grounds.

Condition of the Premises: the client shall ensure that the premises are handed back to the owner in a satisfactory condition and shall ensure that all furniture and equipment is returned to its position when the client arrived on the arrival date. The owner may charge for costs incurred if this condition is not complied with and such costs will be deducted directly from the Security Deposit. All bottles, cans, cardboard boxes and other items brought to the Premises must be recycled or disposed of prior to the Departure Time. Recycling must be taken to a recycling centre.

All rubbish to be taken away. Any recycling or rubbish not properly disposed of or removed from the Premises shall be charged at £10 per black bin liner.

Any items left at the premises by the client, any contractor and any guest of the client shall be retained for a period of 2 weeks. After that the owners may dispose of such property as if it has been left as rubbish to be disposed of.

Security Deposit: the owners shall specify the level of security deposit required for each booking in the Booking Form. It shall be at the owners discretion to determine what deductions (if any) should be made from the security deposit for damages to the premises or for any loss or damage to the contents of the Premises. The owners may also deduct monies from the security deposit if it is clear that the maximum numbers indicated on the booking form for overnight guests and /or total guests is exceeded. If the owners determine that extra guests have been permitted to stay in the premises overnight causing the maximum capacity to be breached then the owners shall deduct £200 per additional guest from the Security Deposit. If there is any evidence of smoking in the premises the owners shall deduct a minimum of £500 from the Security Deposit but may (depending on the condition of the premises, or any of the contents,) as a result of such smoking deduct the full amount of the Security Deposit.

Recommendations and Suppliers: if the owner recommends to or arranges for the client any supplier or other person for the provision of goods or services at the premises the owner accepts no responsibility for the quality, reliability or effectiveness of any such goods or services provided. The owner is not the employer of any persons and any third party that the client engages shall be engaged directly by the client. The client accepts that it is their responsibility to pay any supplier or contractor in accordance with the terms on which they engaged them and to settle any invoices in the manner agreed with such supplier.

Force Majeure: the owners will not be liable if the premises and/or its grounds are unusable or are inaccessible on the date(s) booked as a result of any bad weather or unforeseen and unavoidable event or circumstance beyond the control of the owners in each case.

Insurance: the owners advise the client to purchase insurance against, (i) Damage for which they are liable under Damage& Liability above, (ii) Third party liability of £5 million to cover death or injury to anyone attending or assisting their event or function for which they otherwise may be liable or (iii) The cancellation of their event or function as a result of bad weather or other unforeseen and unavoidable event or circumstance. In the event of the client wishing to make a complaint against Hayne Barn, the client must notify the management via email within 14 days of completion of the hire.

Exclusive Use: the premises is rented on an exclusive use basis, subject to the terms and conditions set out herein. The owner will not permit any other use of the premises during the period of the agreement. The owners, the owner’s managers and staff may have access to the premises and grounds to carry out their duties or to enter the premises if they have reasonable cause to believe inspection is necessary.

Arrival Time & Departure Time: unless otherwise agreed the client’s guests should not arrive before the time shown on the booking form and must leave by the departure time shown on the booking form.

Maximum Capacities: the maximum capacity in the main room of the Threshing Barn is 135 persons. Between the 3 covered areas surrounding the Threshing Barn we can seat up to 230 guests.

Car Parking: a designated parking area will be available for the client and their guests, which will be clearly signed. All vehicles and their contents must be parked in the designated areas and are parked at the owner’s risk. The client shall be responsible for communicated to each of their guests and/or contractors that vehicles and contents are left at their own risk and that the owners do not accept responsibility for any theft or damage howsoever caused. The client is responsible for ensuring that no vehicles are parked on the main driveway at any point or parked in an area in or around the premises that causes an obstruction for emergency vehicles.

Closing Time: unless otherwise agreed, events and functions should start closing down at 12am with music being turned down, last orders being taken at the bar at 1.15am with dancing to stop by 1.30am.

Assignment: this contract is not assignable by the client to any other party without the prior written consent of the owner (such consent not to be unreasonably withheld or delayed). If the client seeks to transfer the booking to a third party the owner shall not be obliged to accept a request to assign or transfer. If the owner accepts such a request the owner reserves the right to add to the booking any such special conditions that they deem necessary in order to transfer the booking to a third party.

The Client’s Responsibility: the client will ensure the safety and decorum of their guests while at the premises and whilst arriving and leaving the premises. The client must ensure that no guests or visitors or any contractor or other supplier whilst at the premises commits any act or acts that are either illegal or immoral or that may cause a nuisance to any other person. If the owner or its managers or staff determine any guest has behaved inappropriately the owner may request the relevant guest or the entire party to leave the premises immediately.

Noise: Noise, however produced, must be kept at a reasonable level and be respectful of the residents of Zeal Monachorum and neighbours of the premises. This is particularly important after 11pm. Music must never be loud enough obstruct or prevent the hearing of the fire alarm when activated. Live or pre-recorded music cannot be played outside the premises or in the grounds at any time unless arranged by the owner. The client must abide by the terms of the premises and music licences. If music is being played or performed in the premises the client must ensure that the doors and windows of the premises are kept shut at all times. If the client wishes the doors and windows to be open they must adjust the level of the music or other noise inside the premises so that the music or other noise does not cause a nuisance or offence to any neighbours or other party that may raise an objection to it.

Smoking: Smoking is not permitted in any part the premises or in any of the buildings that form part of the premises. In the event that evidence of smoking is detected in the premises the owners retain the right to deduct the full amount of the Security Deposit as a consequence of a breach of these terms and conditions.

Confetti: Only dried flower petals are permitted to be thrown in the designated areas of the premises. Thowing confetti is permitted in the grass areas of the grounds provided it is cleared up prior to check out. If confetti is thrown outside these designated areas (and not cleared up by the Clients then the Owners shall make a deduction as they determine appropriate in order to cover the costs of clearing up the confetti or petals.

Candles and Open Flames/Fires: candles are not permitted anywhere within the premises unless agreed to in the special conditions of the booking form. Any and all candles must be firmly and safely installed within a glass container that is higher than the top of flame. Open fires must be safe and secure at all times and shall only be permitted when the client has engaged the services of someone approved by the owners to be present during the entirety of the time during which it has been requested to have open fires. Glo-sticks and Glo-containers are not permitted. For fire safety, we suggest using LED tea lights easily available online.

Fireworks & Chinese Lanterns: Fireworks, firecrackers, Chinese Lanterns (or similar devices) or bonfires are not permitted anywhere within the premises or its grounds.

Fire Assembly Point: there are emergency lights in place in and around the Threshing Barn and parlour. In the unfortunate case of a fire, guests are asked to follow the path, lit by emergency lights, to the far side of the car park well away from all buildings, where there is a bright emergency light in place under which guests can stand.

Photography: Photography is permitted throughout the premises and its grounds. It is the client’s responsibility to ensure that all images taken in the premises and grounds are used in a suitable manner. If the owners are aware of images being used in a manner that they determine in their absolute discretion to be improper or contrary to the interests or image of Hayne Barn the client agrees to ensure that they will get the relevant images removed from where they are displayed. In the event that the owners have to incur any costs to ensure the removal of such images the client shall be responsible in full for such costs.

Third Party Rights: for the purposes of the contracts (Rights of Third Parties) Act 1999 this agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.

Hayne Barn strongly recommends that appropriate insurance be obtained to safeguard against the unexpected.