The group contact will be asked to return a signed copy of the corporate standard banquet terms and conditions along with signed copies of each banquet event order.
1. BANQUET SPACE RESERVATION: The event space will be held for you on a “Definite” basis upon receipt of your signed Confirmation Letter/Banquet Event Order and the Banquet Contract.
2. GUARANTEE AND DEPOSIT: A Final Confirmation or “Guarantee” of your number of guests is required by 12:00 Noon, (3) business days before any function. If this Guarantee is not received, Original Number will be used. The Set for events with more than 100 guests will be 3% above the Guarantee. For events of 100 guests or less, the Set will equal the Guarantee. For Chinese-menu events, the Set will equal the Guarantee. Any additional guests served above the Set Number will be charged at 50% above the established price. The Hotel will make every effort to provide an equivalent menu item that has been agreed upon. We may request that you pay a deposit of 25% of the estimated dollar value of the event when you sign this agreement.
3. CANCELLATION: You may cancel this Agreement only upon giving written notice to us. The parties agree and understand that in the event of a cancellation, our actual damages would be difficult to determine. Therefore, the parties agree on the following amounts to be paid by you as liquidated damages in the event of a cancellation:
· Cancellation between date of signing and 90 days of event 25% of deposit
· If notified between 90 and 60 days in advance of the event 50% of deposit
· If notified between 60 and 30 days in advance of the event 75% of deposit
· If notified 30 days or less before event 95% of deposit
Additional damages may be owed for cancellation of your sleeping room contract.
4. PAYMENT IN ADVANCE: Unless you have established credit in advance with us, you will pay the entire contract price in cash or by certified check at least three days prior to your function or by personal check two weeks prior to your function. If you have established credit, payment in full will be due within thirty (30) days of your function.
5. LABOR CHARGE: If the guaranteed number for your event is less than twenty (20) persons, we will add a $150.00 labor charge to your account. This will be used to cover our costs per event and will not be distributed as a gratuity to our employees working at your event. In addition, you agree to begin your event promptly at the scheduled time and agree to have your guests, invitees and other persons vacate the designated event space at the closing hour indicated. You further agree to reimburse us for any overtime wage payments or other expense incurred by us because of your failure to comply with these regulations.
6. SERVICE CHARGE: Twenty-three percent (23%) of food and beverage sales will be added to your account as a service charge, of which 19% will be distributed to waiters, waitresses, bus help and/or bartenders engaged in the Event, Event Management and Banquet Management. The remaining 4% will be applied to hotel administration costs. This 23% service charge will be subjected to State and Local taxes.
7. PRICE INCREASES: There may be increases in prices due to unforeseen circumstances at the time of your event. You agree to pay these increased prices. Alternatively, we, at our option, may in such event make reasonable substitutions in menus and you agree to accept these substitutions. In addition to the charges set forth on the reverse side, you agree to pay separately any and all federal, state, municipal or other taxes imposed on or applicable to your event.
8. ASSIGNMENT OF FUNCTION SPACE: The event space set forth on your contract has been reserved based upon your expected attendance. We reserve the right to substitute comparable function space, or to assign different space at our option. You agree to confirm with us the assigned function space before printing any materials listing specific meeting or function locations.
9. OUTSIDE FOOD AND BEVERAGE: Due to City and County of Honolulu law, you may not bring to the hotel alcoholic beverages. You must obtain prior approval from us before you bring in any food or non-alcoholic beverages from outside sources.
10. DISPLAYS AND DECORATIONS; YOUR PROPERTY: We are not responsible for any loss or damage to your property and do not maintain insurance covering it. All displays and/or decorations will be subject to our prior written approval.
11. SECURITY: If required, in our sole 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 county in which we are located, which agency will be subject to our prior approval. Security personnel provided by the Customer shall not carry weapons and will only concern themselves with access to the function space reserved for the Event; restricting their presence to those areas of the Hotel premises. Security personnel are to check in and check out at our Security Office prior to and after their shift.
12. AUXILIARY AIDS: The Hotel represents and Customer acknowledges that the Hotel facilities being rented by Customer including guest rooms and common areas will be in compliance with Hotel’s public accommodation requirements under the Americans With Disabilities Act. Customer agrees to furnish a list of any auxiliary aids needed by Customer’s attendees in meeting or function room at least sixty (60) days prior to Event. Customer agrees to pay all charges associated with the provision of such aids by the Hotel.
13. CONDUCT OF EVENT: You agree to conduct the event in an orderly manner in full compliance with applicable laws, regulations, and our rules. You assume full responsibility for the conduct of all persons in attendance at your event and for any damage done to any part of our premises during the time of your event.
14. INDEMNIFICATION: To the extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hilton, and the Owner, and their respective employees and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees), arising out of or connected with your event, except those claims arising out of the sole negligence or willful misconduct of the hotel.
15. FIRE SAFETY: Tables must be located in compliance with the local Fire Department regulations pertaining to mandatory aisles and fire exists. You acknowledge that decorations, props or staging brought into the hotel may be subject to approval by the local Fire Department.
16. DELIVERIES: Arrangements for delivery of packages should be made through the Event Services Department. Hotel has limited storage space and goods cannot be received more than (3) days prior to event without prior arrangements. Customer must prepay all shipping charges to the Hotel. Per union contract, there is a $1.00 per item, per movement, delivery charge for standard sized items and a $2.00 per over-sized item per movement delivery charge. Additional charges will apply for items of extreme size.
17. GOVERNING LAW: This contract shall be construed and interpreted in accordance with laws of the State of Hawaii in which the hotel is located.
18. PROMOTIONAL CONSIDERATIONS: We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the Hilton name or logo.
19. ATTORNEY’S FEES: The parties agree that in the event that any dispute arises in any way relating to or arising out of this contract, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable attorney’s fees and costs.
20. ARBITRATION: The parties agree that any dispute in any way arising out of or relating to this contract may be resolved by arbitration before JAMS/ENDISPUTE. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the Federal Rules of Civil Procedure, that the law of the State of Hawaii in which the hotel is located will be the governing law, and any arbitration award will be enforceable in state or federal court.
21. AMENDMENTS/CHANGES: The parties agree that any amendments or changes to the arrangements described in this contract must be made in writing, signed by both you and us, provided, however, that this contract includes all signed or unsigned banquet event orders (and the terms and conditions contained therein and attached thereto) issued by us for this and related events.
22. INSURANCE: You agree, if requested by us, to obtain and keep in force, during the term of its occupancy and use of our premises for your event, policies of general liability insurance, specifically referring to and including the contractual liability referred to in paragraph 13, premises-operations, broad form property damage, independent contractor coverage, and personal injury liability with limits of $2,000,000.00 with such responsible insurance companies satisfactory to us; and, if applicable, worker’s compensation insurance to statutory limits, employer’s liability insurance with limits of $100,000.00 and automobile liability insurance covering all owned, non-owned and hired vehicles with limits satisfactory to us. You agree to include Hotel, Hilton and Owner in such policies as additional insured thereunder. Your insurance will be considered primary of any similar insurance carried by us. You agree to deliver to us at least three (3) days prior to your event copies of certificates of insurance for each policy required by us.
23. HAWAII STATE LAW ON SMOKING / HILTON HAWAIIAN VILLAGE SMOKING POLICY: As of November 16, 2006, Hawaii State Law prohibits smoking in all “enclosed or partially enclosed” areas open to the public that include, but not limited to restrooms, lobbies, reception areas, hallways, bars, hotel and motel rooms, lanais, restaurants, retail service establishments, and retail stores.
Meeting Space ~ Unless otherwise noted, smoking will be permitted in following areas:
· Coral Ballroom – 6th floor outdoors near Coral Ballroom
· Tapa Ballroom – Open area next to the escalators, ewa side, on ground level
· Kalia Tower – Smoking will be prohibited on the lanais of all Kalia Tower meeting rooms
· Lagoon Green, Village Green and Rooftop Garden – Smoking permitted except during a function