Premises

TERMS & CONDITIONS OF USE (effective 1st September 2016)
1. Definitions
  • 1.1. “MCIA” means Mumbai International Arbitration Centre Public Charitable Trust.
  • 1.2. “Centre” refers to the alternative dispute resolution centre located at 20th Floor, Express Towers, Nariman Point, Mumbai 400021, operated by the MCIA.
  • 1.3. “Booking Form” means the form made available by the MCIA, which is to be filled up by the Client for making a booking for hearing rooms/breakout rooms, and other facilities/services offered by the MCIA.
  • 1.4. “Confirmed Booking” means confirmation of booking in terms of clause 2.2 below.
  • 1.5. “Client” means any party, whose name appears on the Booking Form, which makes a booking for hearing rooms/breakout rooms, and other facilities/services offered by the MCIA.
  • 1.6. “Client’s Invitees” means all such persons invited into the Centre by the Client, including but not limited to the Client’s employees, or persons engaged by the Client or whose attendance at the Centre was requested by the Client.
  • 1.7. “Quoted Prices” means the quotation of prices given by the MCIA and accepted by the Client as per Clause 2.2 below.
2. Booking of Rooms, Facilities and Services
  • 2.1. The Client shall make a booking by filling up the Booking Form indicating clearly therein all the necessary details and mentioning precisely the services, including but not limited to hearing rooms/ breakout rooms, which it intends to avail from the MCIA.
  • 2.2. Upon receiving the Booking Form, the MCIA will confirm such booking in writing to the Client, subject to availability of rooms/services requested, along with the quotation of prices for each of the rooms and services offered. The MCIA shall not be obliged to provide all the services requested for in the Booking Form and reserves its rights in this regard. The booking shall be treated as confirmed upon the Client accepting in writing the quotation of prices and the room/services offered by the MCIA.
  • 2.3. The Client shall be solely liable to pay all charges to the MCIA as per the accepted quotation of prices under Clause 2.2 above.
3. Room Charges & Deposits
  • 3.1. In case the Confirmed Booking is made 30 days prior to the date of intended use of the services of the MCIA, then, within 2 working days of receipt of invoice by email, the Client shall make a non-refundable deposit of 25% of the charges payable by the Client towards the booking of the hearing rooms/breakout rooms as per the Quoted Prices.
  • 3.2. In case the Confirmed Booking is made less than 30 days, but, 15 days prior to the date of intended use of the services of the MCIA, then, within 2 working days of receipt of invoice by email, the Client shall make a non-refundable deposit of 50% of the charges payable by the Client towards the booking of the hearing rooms/breakout rooms as per the Quoted Prices.
  • 3.3. In case the Confirmed Booking is made less than 15 days from the date of intended use of the services of the MCIA, then, within 2 working days of receipt of invoice by email, the Client shall make a nonrefundable deposit of 100% of the charges payable by the Client towards the booking of the hearing rooms/breakout rooms as per the Quoted Prices.
  • 3.4. In case of deposits made in terms of Clause 3.1 or 3.2 above, then, the Client shall make a non-refundable deposit, at least 7 days prior to the date of intended use of the services of the MCIA, of the balance charges payable towards the booking of the hearing rooms/breakout rooms as per the Quoted Prices.
  • 3.5. The Client shall make the payment either by way of Cheque or directly by way of wire-transfer, whether through RTGS/NEFT etc., to the designated bank account of the MCIA. In case of payment by Cheque, then, the date of payment would be the date on which the amount gets credited to the MCIA’s designated account.
  • 3.6. In case the Client fails to deposit the amount as per Clauses 3.1, 3.2, 3.3 or 3.4, then, the MCIA reserves its right to cancel the Confirmed Booking and any non-refundable deposits already made shall stand forfeited.
  • 3.7. In case the Client cancels the Confirmed Booking for any reason whatsoever, then, any non-refundable deposits already made shall stand forfeited.
  • 3.8. In case of services, other than the hearing rooms/breakout rooms, to be offered by the MCIA as per the Confirmed Booking, the Client shall pay the charges at the end of each day of use of the Centre as per the invoices raised by the MCIA in accordance with the Quoted Prices.
  • 3.9. In case of services/facilities including but not limited to translation/transcription services offered by third parties, but are facilitated by the MCIA during the use of the Centre by the Client, then, the Client shall pay the charges directly to such third party as per the terms agreed between them. The Client shall fully indemnify the MCIA and its officers/employees against any claims by the third party or any loss/ damage/cost that may be suffered and/or incurred by the MCIA on account of cancellation by the Client of such services/facilities by third parties or on account of failure of the Client to make payments to such third parties.
  • 3.10. In the event of late payment, the MCIA shall be entitled to interest on all outstanding amounts at the rate of 2% per month from the date of the invoice up to the date of actual payment.
  • 3.11. The Quoted Prices shall be inclusive of taxes. However, any additional Tax/Cess/Levy/Fee that may be levied by any statutory or governmental authority shall be payable by the Client.
  • 3.12. In the event early conclusion of a hearing or other activity for which the hearing rooms/breakout rooms were hired, there shall be no refund of the charges already deposited by the Client.
4. Use of Centre
  • 4.1. The MCIA reserves the right to restrict and regulate the entry of the persons into the Centre and to adopt appropriate and necessary security measures.
  • 4.2. The Client shall intimate in writing to the MCIA, preferably at least one day prior to the intended use of the Centre, a list of the Client’s Invitees, who shall be provided access to the Centre of the dates of the Confirmed Booking, subject to compliance of security procedures put in place by the MCIA.
  • 4.3. The Client and the Client’s Invitees, if any, shall be entitled to use the rooms, facilities and/or services hired by the Client between the hours of 9 am and 6 pm on the dates of the Confirmed Booking. Any extension of these times, or booking of rooms, facilities and/or services shall be on terms agreed between the MCIA and the Client.
  • 4.4. The MCIA reserves the right to refuse the Client and the Client’s Invitees, if any, entry into the reserved rooms or access to the booked facilities and services unless all relevant charges have been paid by the Client.
  • 4.5. The Client and the Client’s Invitees, if any, shall vacate the Centre no later than 7 pm. Should the Client or the Client’s Invitees require the use of any rooms, facilities or services beyond 7 pm, notice must be given to the MCIA staff 4 hours in advance of the start of the intended use, and an evening surcharge shall be levied in addition to the Quoted Prices.
  • 4.6. The MCIA shall take all reasonable steps to ensure that the use of the Centre by the Client or the Client’s Invitees is not disrupted or interfered with by any other user of the Centre.
  • 4.7. The Client shall be responsible for ensuring that all hired items from the MCIA are restored to the same good working order and condition as at the start of the period of hire by the Client. The Client shall be responsible to the MCIA for any loss or damage caused to any of the MCIA’s premises and/or property by the Client or the Client’s Invitees. The Client shall indemnify the MCIA for all and any such loss or damage, whether directly or indirectly caused by the Client or the Client’s Invitees and whether or not such loss and damage is of a direct or consequential nature, and the amount thereof shall be set out or included in an invoice from the MCIA to the Client. Save for arithmetical errors, this amount shall not be subject to any review or negotiation and the Client undertakes to pay the full amount indicated on the invoice.
  • 4.8. The Client undertakes to use the rooms and facilities of the Centre strictly for the purpose for which they are hired and not to do or permit to be done anything in the rooms or in respect of the facilities which will in any way interfere with the use of the Centre and its facilities by other persons, and not to use the premises for any unlawful or immoral purposes. The Client undertakes to indemnify the MCIA fully for any loss or damage of any kind sustained by the MCIA as a result of a breach of this undertaking by the Client or the Client’s Invitees.
  • 4.9. The MCIA reserves the right to refuse entry to or to immediately eject from the Centre any person whose presence is in the MCIA’s opinion undesirable and/or whose conduct is objectionable, disorderly or disruptive or in violation of any laws, without compensation to the Client, the Client’s Invitees or any individual.
  • 4.10. The MCIA reserves the right to substitute any room, facility and/or service hired to a Client where it is reasonably required for the conduct of the MCIA’s business. If the MCIA is prevented from conducting business at the whole or a part of the Centre as a result of any damage caused or threatened to the Centre or any other event or circumstance outside MCIA’s control, the MCIA shall be entitled to cancel the whole or a part of the hire of any room, facility and/or service and shall not be liable for any loss suffered by the Client or the Client’s Invitees as a consequence.
  • 4.11. The MCIA accepts no responsibility for any loss or damage to items brought to the Centre by a Client or a Client’s Invitees. Items shall be stored at the Client’s or the Client’s Invitees sole risk in the areas allotted to the Client and must be removed immediately at the end of period of hire. The MCIA reserves the right to charge the Client for any period when the Client or its property, or the Client’s Invitees or property, remains on the Centre after the period of hire at a rate that the MCIA determines is a reasonable rate in the absolute discretion of the MCIA, and the Client undertakes to pay the full amount of such charges as set out in an invoice from the MCIA to the Client. The MCIA also reserves the right to have such items removed and stored or disposed at the Client’s risk and expense, including the use of off-site storage facilities and secure document shredding services.
5. Other Conditions
  • 5.1. The MCIA accepts no responsibility for any loss or damage to the Client or its property or the Client’s Invitees or its property. The Client shall accept full responsibility to the MCIA for all loss or damage caused by the acts or omissions of the Client or the Client’s Invitees, howsoever arising, and shall fully indemnify the MCIA for the same.
  • 5.2. Any dispute(s) arising out of or in connection with the Terms & Conditions of Use, including any question regarding its existence, validity or termination, shall first be referred to mediation in Mumbai by a Mediator to be appointed by the MCIA.
  • 5.3. If such dispute(s) cannot be settled by mediation within 15 days of the Client or the MCIA giving written notice of a dispute to the other party, then the disputes shall be referred to and resolved by a mutually agreed Sole Arbitrator and the arbitration shall be administered in accordance with the MCIA Rules at Mumbai. Rules 7 and 8 of the MCIA Rules pertaining to appointment of arbitrators is excluded from operation.