Construction Disclosure & Remedy Clause Pack

"Hotel represents and warrants, as of the date of this Agreement and as a continuing obligation through the event end date, that it has disclosed to Group in writing any and all planned, scheduled, or actually known renovation, refurbishment, structural, mechanical, electrical, exterior facade, or other construction activity affecting (a) the property identified in Section [X], or (b) any property directly adjacent to that property and operated under common ownership or control with the Hotel or its affiliates. Hotel shall provide Group with written notice within seven (7) calendar days of becoming aware of any such activity that was not previously disclosed, regardless of whether such activity is reasonably expected to affect performance under this Agreement."

"During the contracted dates set forth in Section [X], any renovation, refurbishment, or construction activity at the property shall be subject to the following operational limits, except in the case of emergency work as defined in Section [emergency renovation]: (a) no work generating noise audible in guest-facing areas shall be conducted before 09:00 or after 17:00 local time; (b) no work shall be conducted on guest floors occupied by Group's room block; (c) where work cannot reasonably be conducted outside guest-facing areas, Hotel shall use silenced equipment or temporary acoustic barriers sufficient to keep audible noise below normal conversational levels in guest-facing areas. For purposes of this Section, 'guest-facing areas' means all guest rooms, meeting and event spaces, F&B outlets, lobby and reception areas, fitness and spa facilities, and any outdoor terrace or pool deck accessible to Group attendees."

"In the event that renovation, refurbishment, or construction activity occurs during the contracted dates in violation of, or notwithstanding, the operational limits set forth in Section [scope and noise limit], or where any portion of the contracted room inventory, meeting space, or F&B outlets is closed, materially impaired, or otherwise unavailable due to renovation activity, Hotel shall apply the following remedies to Group's final invoice: (i) a per-room-night reduction of twenty-five percent (25%) of the contracted Group Rate for each affected room-night, (ii) an F&B credit of thirty Euros (€30) per affected room-night applicable to Group's master account, and (iii) complimentary upgrade to the next available room category, or relocation to a comparable property within five (5) kilometres at Hotel's expense, for any named guest who formally requests it. The remedies in this Section are cumulative and operate independently of any other remedy available to Group under this Agreement or applicable law."

"Notwithstanding any other provision of this Agreement and in addition to any other remedy available, Group shall have the right to terminate this Agreement, without penalty and with full refund of any Deposit paid, by written notice delivered to Hotel within fourteen (14) calendar days of Group's discovery of any of the following events (each a 'Renovation Disclosure Event'): (a) more than twenty percent (20%) of contracted room inventory will be affected by renovation during the contracted dates; (b) the main meeting space identified in Section [X] will be unavailable, materially impaired, or subject to active renovation work during the contracted dates; (c) more than fifty percent (50%) of the named critical F&B outlets listed in Annex [Z] will be closed or under active renovation during the contracted dates; or (d) the Hotel has actually known of renovation activity meeting the threshold in (a), (b), or (c) above and failed to disclose such activity in compliance with Section [disclosure obligation]. For the avoidance of doubt, exercise of the termination right in this Section shall not constitute a breach by Group and shall not trigger any attrition, cancellation, or other fee under this Agreement."

"Hotel represents and warrants that, on the contracted dates set forth in Section [X], the property will be substantially the same in physical configuration and functional capability as represented to Group during the sourcing process, including but not limited to: (a) the inventory of guest rooms by category, (b) the capacity and configuration of meeting and event space, (c) the named F&B outlets and their operational status, and (d) the listed amenities including fitness, spa, pool, and any outdoor terrace or roof facility. Any material variance from such representations not previously disclosed in writing to Group shall trigger the remedies set forth in Section [remedy formula], and where the variance meets a threshold set forth in Section [walk-out trigger], shall constitute a Renovation Disclosure Event for purposes of that Section."

"Hotel's disclosure obligations under Section [disclosure obligation] extend in full to any renovation, refurbishment, or construction activity at properties under common ownership or control with the Hotel or its affiliates and located within fifty (50) metres of the property identified in Section [X]. With respect to construction activity at properties immediately adjacent to the property but not under common ownership or control, Hotel shall use commercially reasonable efforts to disclose any such activity of which it has actual knowledge, without warranty as to the completeness of such disclosure and without financial liability arising solely from such third-party activity, provided that Hotel shall promptly notify Group of any such activity coming to its actual knowledge after the date of this Agreement."

"For purposes of this Agreement, 'Emergency Renovation' means renovation, repair, or construction activity that becomes necessary during the contracted dates as a direct result of (a) damage caused by fire, flood, storm, or other natural disaster, (b) a regulatory order or safety direction issued by a competent authority, or (c) an actual structural, mechanical, or electrical failure discovered during the contracted dates that creates a genuine risk to guest safety. Emergency Renovation shall trigger the remedies set forth in Section [remedy formula] but shall not constitute a Renovation Disclosure Event under Section [walk-out trigger], provided that (i) Hotel provides written notice to Group within forty-eight (48) hours of becoming aware of the necessity, (ii) Hotel uses commercially reasonable efforts to minimise impact on Group's event, and (iii) Hotel demonstrates that the activity could not have been foreseen at the time of this Agreement's execution. For the avoidance of doubt, Emergency Renovation does not include any work that was foreseeable, scheduled, or actually known to Hotel prior to becoming necessary."

"Where any disclosed renovation activity involves exterior facade work, scaffolding, or hoarding visible from the main guest entrance, public spaces, or any outdoor area accessible to Group attendees during the contracted dates, Hotel shall: (a) provide Group with photographic documentation of the planned visual impact at least sixty (60) days prior to the contracted dates; (b) use commercially reasonable efforts to schedule the work to minimise visual impact during arrival, departure, and any planned outdoor event sessions; (c) refrain from displaying any third-party advertising on construction hoarding or scaffolding visible from Group-accessible areas during the contracted dates; and (d) provide a per-room-night credit of fifteen Euros (€15) for any room from which the exterior renovation work is the dominant view through the primary window, applied to Group's master account."