Code of Good Practices
We at the Magic Garden care about the quality of your experience with us and strive to achieve the highest standards for all of our guests.
- We care about you and therefore, observe and adhere to any and all guidelines required regarding COVID 19
- We use only ethically sourced food for all our menu items
- We offer a selection of menu items that meet a variety of dietary requirements
- We offer a selection of alcoholic and non-alcoholic beverages
- Our full menu is available in all areas of our venue including the garden
- We provide live music for your enjoyment as often as seven days per week
- Children are welcome up to 7pm each day, after which point, we are an over 21’s venue
- We operate the ‘Challenge 25 Rule’ throughout the day, so it is therefore advisable for all guests under the age of 25 to bring ID
- We offer a 72-hour cancellation policy on all reservations and offer a full refund less a £5 administration charge on all cancellations within that time frame
- We provide onsite security on Friday and Saturday to ensure a safe and hospitable environment
- We are happy to answer any questions you may have for us regarding our policies
Introduction TCs
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by The Magic Garden/ magicgardenpub.com B.V. and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below.
Definitions
“magicgardenpub.com”, “us”, “we” or “our” means The Magic Garden, a limited liability company incorporated under the laws of England and Wales, and having its registered address at 231 Battersea Park Road, Battersea, London, U.K. SW11 4LG. “Platform” means the website and mobile website on which the magicgardenpub.com booking service is made available, owned, controlled, managed, maintained and/or hosted by magicgardenpub.com. “Booking” and/or “Reservation” means the various different areas, times, services and purposes for that can be selected in relation to your visit at the Magic Garden and of which you confirm upon completing your Booking/Reservation.
“Booking Fee” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by magicgardenpub.com in respect of various products and services as from time to time made available by/on magicgardenpub.com.
1. Scope and nature of our Service
Through the Platform, we (the Magic Garden/magicgardenpub.com B.V.) operate a pub and restaurant and provide an online platform through which we can advertise, market, sell, promote and/or offer (as applicable) our services and products for order, purchase, reservation, rent or hire, and through which relevant visitors of the venue or website can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the a Booking/Reservation and/or a Booking Fee/Reservation Fee). By using or utilising the platform provided on www.magicgardenpub.com, you enter into a direct (legally binding) contractual relationship with the Magic Garden in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Booking/Reservation, we act solely as point of contact for you in all matters regarding your booking/reservation in relation to the services that the Magic Garden is responsible for. We record the relevant details of your Booking/Reservation to our in-house system and send you a confirmation email.
When rendering our Booking/Reservation service, the information that we disclose is based on the information available to us at the time you make your request and may not be reflective of the actual availability on the day of your reservation. Although we will use reasonable skill and care in performing our Booking/Reservation services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct regarding availability in seating areas, time slots, menu items, menu and beverage availability, etc., nor can we be held responsible for any errors (including seating area and time errors) or any interruptions (whether due to any temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise.
Our Booking/Reservation service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices
We charge a refundable booking deposit for all Bookings/Reservations. This can be paid online via a secure payment link and will be refunded yo you on the Monday following your reservation unless otherwise forfeited. All prices for your Booking/Reservation are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees. Booking/Reservation prices displayed are per person unless when displaying the total amount due to complete a Booking/Reservation of more than 1 guest. Please check the relevant seating area, time slot, service and reservation conditions and details thoroughly prior to making your reservation. Our prices are as follows, unless otherwise indicated in writing by us on our website/mobile site or confirmation email:
On Fridays and Saturdays, and for bookings of 20-39 guests, we ask for a fully refundable deposit of £3 per person. For 40 or more guests, we ask for a fully refundable deposit of £2 per person in order to secure the reservation.
All cancellations within a 72-hour period of the Booking/Reservation date or no shows will not be refunded.
Any failure to observe our terms and conditions and/or other posted policies may also result in the forfeiture of your deposit.
We are also a live music venue and do ask for a door charge of £5 per person from 8pm on Fridays and £7 per person from 7pm on Saturdays. This can be paid on arrival (or in advance by request only) and will cover admission and entertainment for the evening. Any parties or guests arriving before 8pm on Fridays and 7pm on Saturdays will not need to pay the door charge.
Obvious errors and mistakes (including misprints) are not binding.
The Magic Garden/magicgardenpub.com reserves the right to revoke and cancel the Booking/Reservation of any individual in the event of abuse, such as violation of these terms & conditions, and/or use of invalid credit cards or incomplete information. The Magic Garden/magicgardenpub.com furthermore reserves the right to revoke and cancel the Booking/Reservation of any individual who engages in inappropriate behaviour, such as violence, threat, harassment, discrimination, obscenity or fraud in relation to The Magic Garden/magicgardenpub.com (or its employees and guests) including all social media accounts directly linked to the Magic Garden/magicgardenpub.com.
3. Privacy and cookies
The Magic Garden/magicgardenpub.com respects your privacy. When you create a profile via the Platform or mobile Platform at magicgardenpub.com or any variation thereof, you consent to the storage of the data that you provide which may include your first name, last name, company, job title, web address, email address, mobile number, phone number, address, post town, country and post code. Upon the submission of this information, you agree to release the Magic Garden/magicgardenpub.com of all liability associated with the storage of this information. We do not store your bank details or payment information. Any payments made via The Magic Garden/magicgardenpub.com and/or the Platform are made via a third -party payment processing company and not by the Magic Garden/magicgardenpub.com directly. Please have a look at the privacy policy, cookie policy and terms and conditions of this third-party payment company for further information.
4. Credit card or bank transfer
When applicable and available, all fees associated with your Booking/Reservation can be made by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, magicgardenpub.com facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service). From time to time, The Magic Garden/magicgardenpub.com may require payment to be made over the phone directly with an employee of the Magic Garden/magicgardenpub.com. The Magic Garden/magicgardenpub.com never acts nor operates as the merchant of record. Payment is safely processed from your credit/debit card or bank account to the bank account of the Magic Garden/magicgardenpub.com via a third-party payment processor. Any payment facilitated by us will in each case constitute a payment of the booking price by you of the relevant product or service in final settlement of such as the due and payable price and you cannot reclaim such paid monies.
Please note that The Magic Garden may require that payment is made upfront by bank transfer or credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making your Booking/Reservation. Please check the (reservation) details of your Booking/Reservation of choice thoroughly for any such conditions prior to making your Booking/Reservation. You will not hold The Magic Garden or magicgardenpub.com liable or responsible for any authorized, (allegedly) unauthorized or wrong charge and not (re)claim any amount for any valid or authorized charge by the Magic Garden/magicgardenpub.com (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. This indemnification only applies to credit card reservations made using magicgardenpub.com’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
5. Pre-payment, cancellation, no-show and fine print
By making a Booking/Reservation with a The Magic Garden/magicgardenpub.com, you accept and agree to the relevant cancellation and no-show policy of The Magic Garden/magicgardenpub.com. The general cancellation and no-show policy of the Magic Garden, as stated above, is made available on our Platform information pages, during the reservation procedure and in the confirmation email. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Please check the (reservation) details of your product or service of choice thoroughly prior to making your reservation. Please carefully read the fine print and important information in your reservation confirmation for additional policies that may be applied. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount.
If you wish to review, adjust or cancel your Booking/Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation if it is outside our 72-hour cancellation policy. We recommend that you read the cancellation, (pre)payment and no-show policy carefully prior to making your reservation.
The Magic Garden/magicgardenpub.com does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation.
6. (Further) correspondence and communication
By completing a Booking/Reservation, you agree to receive an email in which we confirm your Booking/Reservation details. See our privacy and cookies policy for more information about how we may contact you.
In order to duly complete and secure your Booking/Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against the Magic Garden/magicgardenpub.com in respect of the Booking/Reservation must be promptly submitted within 30 days after the scheduled day of consummation of the product or service (e.g. Booking/Reservation date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
7. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation.
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Booking/Reservation as made available on our Platform, (iii) the services rendered or the products offered by the Magic Garden/magicgardenpub.com (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Magic Garden(including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Magic Garden/magicgardenpub.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Booking/Reservation and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the Magic Garden/magicgardenpub.com assumes no responsibility and liability in respect of the Booking/Reservation. Magic Garden/magicgardenpub.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
8. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by The Magic Garden B.V.
The Magic Garden/magicgardenpub.com exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of, the look and feel (including infrastructure) of the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in the Platform or any (translated) content or, you hereby assign, transfer and set over all such intellectual property rights to The Magic Garden/magicgardenpub.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
9. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the England and Wales.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
10. About The Magic Garden/magicgardenpub.com
The Booking/Reservation service is rendered by The Magic Garden/magicgardenpub.com B.V., which is a private limited liability company, incorporated under the laws of England and Wales and having its offices at 231 Battersea Park Road, Battersea, London, U.K. SW11 4LG and registered with the trade register of the UK as Atmospheric Ltd under registration number 12642267. The Magic Garden/magicgardenpub.com has its headquarters in London, UK and is supported by affiliated group companies (the “support companies”) throughout the world. The support companies only provide an internal supporting role to and for the benefit of The Magic Garden/magicgardenpub.com. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain or host the Platform). The support companies do not have any power or authority to render the Booking/Reservation, to represent The Magic Garden/magicgardenpub.com or to enter into any contract in the name of, for or on behalf of The Magic Garden/magicgardenpub.com. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorised to act as any form of process or service agent of The Magic Garden/magicgardenpub.com. The Magic Garden/magicgardenpub.com does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in London, UK.
11. Music and Entertainment
The Magic Garden/magicgardenpub.com is committed to providing quality live musical entertainment to our guests as often as seven days per week but are under no obligation to provide such entertainment on any given day. Any failure to provide live musical entertainment (either indoors or outdoors) in no way entitles you to a refund for your Booking/Reservation and is in no way a breach of this contract/agreement or the terms of your Booking/Reservation made with and via the Magic Garden/magicgardenpub.com and/or our Platform.
12. Food and Menu Items
We aim to offer a diverse menu that promotes the use of ethically sourced food and that meets the diverse dietary requirements and needs of all our guests but are under no obligation to guarantee that any menu items listed by The Magic Garden on any print menu, magicgardenpub.com and our Platform or mobile Platform are available on the date of your Booking/Reservation or the use of ethically sourced ingredients.
13. COVID 19
The Magic Garden/magicgardenpub.com will always observe any and all required protocol in relation to COVID 19. In the event that there are government mandated guidelines, rules or enforceable laws in relation to COVID 19 that hinder or inhibit the fulfilment of your reservation, The Magic Garden/magicgardenpub.com holds no responsibility and is not liable for any compensation to you in regard to your Booking/Reservation. In the event that we are able to operate in a limited capacity (such as an enforceable lockdown) we encourage you and your guests to take a COVID 19 test 72 hours before your reservation, as advised by gov.uk. Click here to find out more information on where to take a free NHS COVID 19 test. Mandatory COVID 19 restrictions will be observed at all times by all guests and staff. Any guests who do not comply with the required restrictions will be asked to leave. No exceptions. Please visit gov.uk for more information regarding COVID 19 guidelines applicable from 12 April 2021 – 21 June 2021.
Between 12 April 2021 and 17 May 2021, all Bookings/Reservations must be in an outdoor area and must meet the following requirements:
– Groups of more than two households are limited to a maximum of 6 guests
– Guests must order, eat and drink while seated.
Between 12 April 2021 and 17 May 2021, all indoor areas will be closed to the public in compliance with COVID 19 restrictions. Bathrooms are an exception.
From 17 May 2021, Bookings/Reservations will be available indoors with groups of more than two households limited to a maximum of 6 guests. Bookings/Reservations in our garden will be available with a maximum of 30 guests per Booking/Reservation.
We will be offering live acoustic music in our garden every Monday-Saturday from 4pm and 7pm and Sunday from 2pm-6pm beginning from 12 April 2021. This will continue until 17 May 2021 or until live music is permitted indoors under government COVID 19 guidelines and will be free for all guests.
14. Additional Information
We reserve the right to update, amend or change these terms and conditions at any time with no obligation to provide notification to you and recommend you check and read thoroughly these terms and conditions from time to time.
We reserve the right to refuse service to anyone who exhibits inappropriate behaviour, such as violence, threat, harassment, discrimination, obscenity or fraud in relation to The Magic Garden/magicgardenpub.com (or its employees and guests) and/or the accommodation (or its employees and agents). This includes failure to observe any require guidelines in relation to COVID 19.
We are not responsible for any lost, stolen or damaged property or any personal property that is left behind by you or any member of your party after your Booking/Reservation. Any lost property recovered by the Magic Garden/magicgardenpub.com on our premises will be held for a maximum of 30 days or until claimed.
If you find that you are going to be late, please inform us. If you are later than an hour then we will unfortunately have to give your reserved seating area away.
The Magic Garden is located in a residential area. We want to maintain our good relations with the local community and make every effort to keep the vibe nice and relaxed for all our customers too. We therefore would like to ask that there be no loud celebrations in the
garden please. We can’t really have loud chanting, singing, decorations or even birthday cakes in the garden. Sounds silly I know, but we’re just trying to keep everyone happy.
All the areas in our venue include seating and some standing so don’t worry, there’s plenty of space for you and your guests.
If it gets chilly later on outside, we have a large trunk full of blankets and we also give out hot water bottles for free. These are a very popular feature, especially in the winter!
If you have any queries about your reservation, please don’t hesitate to get in touch.