BAYER PLC TERMS AND CONDITIONS
These terms and conditions set out the basis on which BAYER PUBLIC LIMITED COMPANY registered in England and Wales with company number 00935048, whose registered office is 400 South Oak Way, Green Park, Reading, RG2 6AD (“Bayer”, “we”, “us” or “our”) provides workshops featuring different experiments at its Baylab premises (“Baylab”). In these terms references to “you” and “your” will be to the legal entity (for example company or school) entering into the contract.
Please read these terms carefully, particularly clause 2 which relates to the changing restrictions due to the Covid pandemic and clause 7 which sets out our liability to you. These terms explain how we will provide services, how the contract may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Terms and Conditions
1. How to contact us
1.1 How to contact us. You can contact us by writing to us at baylabinfo@bayer.com or Baylab at 400 South Oak Way, Green Park, Reading, RG2 6AD.
1.2 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
1.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Current COVID Guidelines and Restrictions
2.1 Government guidelines.
(a) These terms and conditions have been written to take into account the UK Government’s current guidelines and restrictions as of the date stated at the foot of this document. However, as we are a business with a duty of care to protect our employees, we may in certain cases impose greater restrictions on visitors to our offices, including Baylab, than those recommended by the UK Government. In addition, if the situation changes and the Government’s guidelines and restrictions are updated or we decide that further restriction are necessary, we reserve the right to update these terms and conditions.
(b) Although the COVID-19 Government restrictions have ended, we ask all visitors to Baylab to continue to take personal responsibility over their health and that of others. Therefore, if you feel unwell or are symptomatic or have tested positive, please do not visit the Baylab, to help protect those that may get seriously ill from viruses, such as those with a weakened immune system.
3. Our contract with you
3.1 What we offer. We offer a range of workshops featuring different experiments at Baylab, a description of each is available on our website https://www.bayer.co.uk/en/baylab/ and we are continuing to add workshops over time. In these terms where we refer to “Workshop” we refer to the relevant workshop which you have booked.
3.2 How you can book. If you are interested in a Baylab workshop, please contact us via the relevant waiting list as linked from the bottom of the Book the Baylab page – see How to Book The Baylab | Bayer United Kingdom. This waiting list will allow you to let us know which Workshop you are interested in booking, how many attendees there will be and your preferred date. Our workshop dates will be released to this waiting list one term in advance with the relevant information for each workshop (this includes maximum number of students and which year groups the workshop is appropriate for).
3.3 How we will accept your booking. Your booking will be confirmed via the booking system after you have made it. This acts as a preliminary confirmation which will be definitive only after a confirmatory email has been received from us - at which point a contract will come into existence between you and us.
3.4 If we are unable to accept your booking. We might not be able to accept your booking, for example if we have no availability on your preferred dates or unexpected events which affect the availability of our premises or other resources. We will let you know as soon as possible if we are not able to accept your booking.
4. Important information for attending workshops and experiments
4.1 Age suitability. You will be responsible for ensuring that those attending our premises are of a suitable age and/or have permission of a parent or guardian to attend. If you are unsure about the suitability of the Workshop you have booked for your proposed age group, please contact us in advance. When attending a Workshop, you will be permitted access to the Baylab and ground floor toilets of the building only unless expressly permitted otherwise by a Bayer employee or member of staff. Any students attending our premises must be accompanied by an adult at all times and some areas of our premises require you and/or the students to be escorted by a Bayer employee or member of staff.
4.2 Food and drink. Depending on the length of the Workshop, there may be a short break. You should ensure that all those attending Baylab bring food and drink which they require for such breaks, and which may be consumed outside of the laboratory.
4.3 All disabilities, allergies, medical conditions and access requirements. We cannot cater for any disabilities, allergies, medical conditions or access requirements which we were not informed of in plenty of time before the Workshop date. You are responsible for your students’ medical wellbeing and ensuring they have any medication they need with them when they attend the Workshop. If you are unsure or have concerns about the nature of your visit before the Workshop date or, changes that may be needed for your group please contact us directly on baylabinfo@bayer.com or through the switchboard on 0118 206 3000.
4.4 If you have let us know about specific needs and requested a call back, a member of the Baylab team will phone and/or email you approximately two weeks beforehand to discuss any specific adjustments that may be needed for your Workshop date.
4.5 Risk assessment for schools. We undertake risk assessments of our Workshop for schools attending them and we will provide you with a copy with your booking confirmation.
4.6 Right to refuse admission. We reserve the right to refuse admission to any individual and/or groups if, in our reasonable opinion, admission to our premises and/or the workshop might be a risk to the group, the individual concerned and/or any employees, agents, contractors or consultants of Bayer. For example, if you or anyone in your group act aggressively towards us or anyone working for us, we may refuse admission to our premises. We may also ask you to leave for those reasons (taking appropriate action that may be necessary to enforce that right) before or during a workshop.
4.7 Filming, recording and photographs. We sometimes film, record and photograph Workshops for use in our publicity and promotional materials relating to Baylab. You are responsible for ensuring that appropriate parental permission is obtained. In addition, we will also ask each parent, via the school, to fill out a Bayer Model Release form which we must have in our possession before any filming, recording or photography can take place.
4.8 We accept that in some cases parental permission will not be granted and you must let us know if this is the case. If you want to photograph your students while attending the Workshop you are permitted to do so, but you are responsible for ensuring that you have appropriate permissions from parents, carers or guardians.
4.9 Mobile phones should be switched off or on silent during the Workshop.
5. Cancellations and changes
5.1 If you need to change your booking. If you wish to make a change to your booking, please contact us. We will let you know if the change is possible. If we cannot make the change, you may cancel your booking.
5.2 If you need to cancel. If you are no longer able to attend a Workshop or need to cancel because we are not able to change your booking, please let us know as soon as possible. If you cancel four (4) weeks or less before the Workshop, we may charge you a cancellation fee of up to £200 as reasonable compensation for materials and our time and effort in preparing for it. If you cancel a workshop because we are unable to make a change, we will not charge you a cancellation fee. Where the cancellation fee is charged, we will issue you with an invoice, which you will pay in accordance with the terms of the invoice.
5.3 Event changes by us. We reserve the right to make any alterations to workshop content and/or event timings and will make reasonable efforts to contact you to inform you of any changes.
5.4 If we need to cancel. If we need to cancel a Workshop for any reason after the booking has been confirmed by us, we will let you know as soon as possible. We may need to cancel if, for example, you do not give us information which we need to prepare the Workshop after we ask for it, we are no longer legally able to provide the relevant Workshop, or events beyond our control mean we are no longer able to provide the Workshop. We will not be liable to you for any cancelled Workshop, we may, on a case-by-case basis, re-imburse you for any unavoidable transport costs you have incurred.
6. How a Workshop is provided
6.1 We will provide the Workshop in accordance with the description on our website in all material respects and using reasonable care and skill and suitably qualified, DBS-checked, staff. All members of the Baylab team have undergone and enhanced DBS check.
6.2 You will need to co-operate with us when we are providing the Workshop and provide us with accurate information about those attending the Workshop. In addition to providing accurate information prior to the workshop, we expect you to be responsible for your students’ appropriate behaviour whilst on the Green Park site and in the building.
6.3 Bayer and you will each be responsible for obtaining and maintaining any necessary insurance, licenses, permissions and consents which may be required to provide the Workshop before the date of the Workshop.
6.4 Any and all Intellectual Property Rights used for a Workshop are either owned by, or licensed to, us. By “Intellectual Property Rights” we mean copyright and related rights, trademarks, rights in designs, rights to use, and protect the confidentiality of, confidential information or know-how, and all other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection. You and your students may use such Intellectual Property Rights for the purposes of the Workshop only. You and your students will have no other rights in relation to any Intellectual Property Rights used for our Workshops and you must not copy or reproduce any Workshop without our, or our licensor’s express prior written agreement.
7. Limitation of liability:
7.1 Nothing in these terms and conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
7.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or caused by you and/or your students. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
7.3 This clause 7 shall survive the end of the contract for whatever reason.
8. How we may use your personal information
8.1 We will use the personal information you provide to us:
(a) to process payments;
(b) for confirming attendance at the Workshop; and
(c) for security and/or health and safety purposes at our premises while you and those you have enrolled for attendance at the Workshop are at our premises.
8.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
9. General
9.1 Exclusion of other terms. These terms and conditions apply to the exclusion of any other terms which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
9.2 Force majeure. Neither party shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
9.3 Assignment and other dealings.
(a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the contract and may subcontract or delegate in any manner any or all of its obligations under the contract to any third party or agent.
(b) You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the contract.
9.4 Entire agreement. This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
9.5 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
9.6 Severance. If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
9.7 Notices.
(a) Any notice or other communication given to a party under or in connection with this contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.7(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission. For the purposes of this clause, “Business Day” means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9.8 Third parties. No one other than a party to the contract shall have any right to enforce any of its terms.
9.9 Governing law and jurisdiction. These terms and conditions and the contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.
Edition: January 2025