TERMS AND CONDITIONS OF SALE

AGREED TERMS

These are the Terms upon which we, Lancaster University, Lancaster, LA1 4YW (“we” or “us”), shall provide the Dining Card to you to enable you to pre-purchase meals in our restaurants as the catering element of the Catered Accommodation option.

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 5 OF THESE TERMS

• 1 - INTERPRETATION
  • 1.1 The definitions in this clause apply in the terms and conditions set out in this document:
    Catering Department: the University’s catering department whose email address is cateringbookings@lancaster.ac.uk and whose telephone number is 01524 593260.
    Dining Card: the card purchased by you under these Terms to enable you to receive the Catering Services provided under these Terms.
    Catering Services: the products, beverages and foodstuffs and the associated services that we provide to you when you use your Dining Card.
    Order: your order for the Dining Card.
    Terms: the terms and conditions set out in this document.
  • 1.2 Headings do not affect the interpretation of these terms



• 2 - BASIS OF SALE
  • 2.1 These Terms (and any documents or other source of information referred to in these Terms) and your Order are considered by us to set out the whole agreement between you and us for the provision of the Catering Services. Please ensure that you read and understand these Terms before you place your Order because you will be bound by these Terms once a contract comes into existence between us, in accordance with clause 2.3.
  • 2.2 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
  • 2.3 These Terms shall become binding on you and us when we issue you with a Dining Card.
  • 2.4 Subject to clause 2.5, if you cancel your Dining Card, your liability to us shall be limited to payment to us of all costs we reasonably incur in cancelling your Dining Card, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
  • 2.5 We may, in our absolute discretion, provide a refund of the unexpired credit on the Dining Card in the event that you cancel it due to factors which are, without prejudice to the generality of our discretion, beyond your control or are “life changing” in nature. Otherwise, you will be liable for any balance due for the remainder of the year if you cancel.
  • 2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.



• 3 - USING THE DINING CARD
  • 3.1 Your Dining Card entitles you to one breakfast per day and one evening meal per day during the academic term and Fresher’s week (each one being a “Meal Credit”).
  • 3.2 The Meal Credits shall be cleared upon each usage of the card or, in default thereof, on a daily basis. For the avoidance of doubt, Meal Credits are non-transferable and cannot be carried over to the next day in the event that you miss a meal.
  • 3.3 You may use your Dining Card to obtain Catering Services between 8.00am and 10.00am for breakfast and between 5pm and 8pm for dinner. From time to time, Catering Services may be provided at additional times, at our discretion.
  • 3.4 We reserve the right to vary the times when the Catering Services will be provided and any revised or varied times will be advertised at the relevant restaurant where you go to get your Catering Services as provided for in clause 3.7.
  • 3.5 Catering Services are provided for 31 weeks of the year during the academic terms and during Fresher’s week.
  • 3.6 A Dining Card cannot be used to obtain Catering Services during the University holidays (those periods outside the academic terms).
  • 3.7 If you are a member of the County or Bowland College then you must go to the County South restaurant to obtain the Catering Services whereas if you are a member of Cartmel or Lonsdale College then you must go to the Barker House Farm restaurant to obtain the Catering Services.
  • 3.8 If you lose your Catering Card then you must report the loss to Catering Department as soon as is reasonably practicable after its loss.
  • 3.9 For the avoidance of doubt, the Dining Card can only be used to obtain Catering Services as provided under these Terms.
  • 3.10 In the event that you change your accommodation from catered to self-catering, these Terms shall still apply and your Dining Card (including, without limitation, your ability to use it pursuant to these Terms) will not be affected in any way.



• 4. - PRICE AND PAYMENT
  • 4.1 The price of the Dining element will be as set out in the Lancaster Catering and College and Residences web pages. Prices are liable to change at any time, but price changes will not affect Orders once they have been made.
  • 4.2 VAT does not apply.
  • 4.3 To access catered accommodation, you must select the “catered accommodation” option when you apply for your accommodation.
  • 4.4 Payment for Dining Cards are to be made in accordance with your accommodation contract and payment plan and should be made through the Residence’s web portal as provided in clause 4.5.
  • 4.5 Payment must be made through the University’s web payments system at this address or alternatively you can pay by going to the Lancaster University Finance Department.
  • 4.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend your Dining Card.
  • 4.7 In the event that you lose your Dining Card, you may be charged a reasonable administrative fee for a replacement card.



• 5. LIMITATION OF LIABILITY
  • 5.1 If either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms
  • 5.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

    (a) loss of income or revenue;
    (b) loss of business;
    (c) loss of anticipated savings;
    (d) loss of data; or
    (e) any waste of time.

    However, this clause 5.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

  • 5.3 This clause does not exclude or limit in any way our liability for any matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.



• 6. GENERAL
  • 6.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
  • 6.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
  • 6.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
  • 6.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.