Terms and Conditions
1. Defined Terms:
‘On Hold Email’ means the form issued by the Company specifying the services required by
the client in respect of the event. If there is any inconsistency between the Terms and
Conditions and the On Hold Email, the provisions of the Terms and Conditions shall prevail.
‘Client’ means an individual, company or authorised person who purchases Services from
the Company in the context of a business.
‘Company’ means Awesome Events Limited, a private company incorporated in England
with company number 03272993.
‘Deposit’ has the meaning given to it in clause 3(a) of these Terms and Conditions.
‘Event’ means the event, or function or service as specified in the On Hold Email, whether
that is a Shared Event or an Exclusive Event.
‘Event Date’ means the date of the Event as stated on the On Hold Email.
‘Price’ means the total cost for the Services as detailed in the On Hold Email, including the
Deposit, but excluding any additional costs payable pursuant to these Terms and
Conditions.
‘Services’ means the services agreed to be provided by the Company to the Client as
specified in the On Hold Email.
‘Shared Event’ means an event booked and shared by multiple Clients.
2. Booking Process
a) The Company shall issue an On Hold Email based on the Client’s request for
Services.
b) The On Hold Email constitutes an offer by the Company to provide the Services to
the Client in accordance with these Terms and Conditions.
c) In order to book an Event with the Company, the Client must accept the On Hold
Email, by accepting these Terms and Conditions.
d) By accepting these Terms and Conditions and therefore the On Hold Email, the
Client confirms the accuracy of all the information provided in the On Hold Email.
e) By accepting the Terms and Conditions, the Client also confirms its agreement to
pay the Price in full as stated in these Terms and Conditions and any additional costs
payable pursuant to these Terms and Conditions.
f) Payment of the Deposit or the Price shall also be deemed to be an acceptance of
these Terms and Conditions and is classified as a confirmed booking.
g) It is the Client’s responsibility to check that the details in the On Hold Email reflect
the Client’s wishes and only to accept the On Hold Email and the Terms and
Conditions if the terms in the On Hold Email are fully agreed.
h) All bookings are subject to availability.
i) Any change made to a confirmed booking may only be made with the permission of
the Client, except as set out in these Terms and Conditions and unless such
changes are necessary for compliance with laws, regulations and safety
requirements or which do not materially the nature or quality of the Services. The
Company will inform the Client in such a situation.
j) Any samples, drawings, descriptive matter or advertising issued by the Company,
and any descriptions or illustrations contained in the Company's catalogues or
brochures or on its website, are issued or published for the sole purpose of giving
an approximate impression of the Services described in them. They shall not form
part of this contract with the Company or have any contractual force or be considered
as any sort of representations or warranties provided by the Company to the Client.
k) These Terms and Conditions apply to the contract between the Company and the
Client to the exclusion of any other terms that the Client seeks to impose or
incorporate. To the maximum extent permitted by law, no terms are implied into the
contract by law, trade custom, practice or course of dealing.
3. Payment Terms
a) If the booking of the Event takes place more than 6 weeks before the Event Date,
the Client shall pay:
(i) for Shared Events, a deposit of £30 + VAT per guest; or (Deposit).
b) The Deposit shall be payable within 7 calendar days from the booking of the Event
and it shall not be refundable under any circumstance. If payment of the Deposit is
not made on the due date, the Company reserves the right to cancel the Event and
or rebook the Venue, the Equipment or any staff required to service the Event.
c) The Deposit shall be deducted from the Price and the balance of the Price, shall be
invoiced to the Client as soon as all dietary requirements and drinks additions have
been confirmed with the client. All invoices are payable within 7 calendar days from
the date of issue, unless they are raised less than 6 weeks before the Event Date in
which case they shall be payable immediately.
d) The balance of the Price must be paid in full and received by the Company at least
6 weeks prior to the Event Date, unless clause 3(f) applies. If payment of the Price
(and any additional costs due as at the relevant time) is not made in full 6 weeks
prior to the Event Date, the Company reserves the right to cancel the Event and/or
rebook the Venue, the Equipment or any staff required to service the Event. The
Client will still be liable to pay the full amount of the Price and additional costs for
the Event.
e) Reminders for payment will not be sent. It is the Client’s responsibility to make
payment on time and not the responsibility of the Company to remind the Client.
f) If the Client books an Event at a time that is less than 6 weeks from the Event Date,
the full Price and any additional costs for the Event is payable immediately.
g) The Company will not refund the Client in respect of the Deposit and/or Price or any
additional costs paid if the actual number of persons attending an Event is less than
the number of guests booked and paid for. Similarly, the Company shall not refund
the Client in respect of any additional drinks packages or upgrades purchased by
the Client if the number of persons attending or number of drinks consumed at an
Event is less than the number booked or if the booking is cancelled.
h) Payments can only be accepted from the Client and not from any other third party
unless otherwise agreed by the Company in writing.
4. The Price of the Event
a) The Price will be calculated based on the marketing material of any Venue which is
current at the time that the On Hold Email is issued, but the agreed Price and
additional costs (if then known) will be as detailed in the On Hold Email.
b) The Price and additional costs may alter due to variations in duties, taxes or
exchange rates or other matters which are not within the Company’s control. The
Company will endeavour to, but it may not be able to seek the Client’s advance
consent to any such changes. Changes to any third-party suppliers’ or subcontractors’ costs which shall impact the Price or the additional costs payable by the
Client under these Terms and Conditions will be notified to the Client and the Client’s
written consent shall be obtained in advance.
c) Any additional items to be purchased at the Event or up to the day of the Event, must
be paid in full before or on the Event Date and their cost shall be additional to the
Price.
d) The Company may issue an additional invoice after the Event:
(i) when agreed in writing with a Client, for any further charges or costs
due which were not included in the Price. Such charges may include
those payable for any final alterations to the Services or the Venue, or
for guests attending the Event in excess of the number confirmed by
the Client or the estimated number in the On Hold Email; and
(ii) to cover the cost of loss or damage to the Company’s equipment and
tableware or other materials or equipment for which the Company
reserves the right to charge the Client after the Event provided that the
Company notifies the Client of such loss or damage within 14 days after
the Event;
(iii) to cover any claim made against the Company in respect of any matter
for which the Client is liable in accordance with the provisions of this
contract.
e) All amounts payable by the Client exclude amounts in respect of value added tax
(VAT), which the Client shall additionally be liable to pay to the Company at the
prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
f) The Client shall pay each invoice in full and in cleared funds to a bank account
nominated in writing by the Company.
g) If the Client fails to make a payment due to the Company under these Terms and
Conditions by the relevant due dates, then, without limiting the Company’s remedies,
the Client shall pay interest on the overdue sum from the due date until payment of
the overdue sum, whether before or after judgment. Interest under this clause will
accrue each day at 8% a year above the Bank of England's base rate from time to
time, but at 8% a year for any period when that base rate is below 0%.
h) All amounts due under this contract shall be paid in full without any set-off,
counterclaim, deduction or withholding (other than any deduction or withholding of
tax as required by law).
5. Tickets and Table Plans
a) Tickets will only be sent out to the guests during the week prior to the Event once all
stages of the booking are complete and all payments have been received by the
Company.
b) The Company will not create a table plan for the Client. This is the Client’s
responsibility.
c) The Company will not be able to give the Client information on table configuration or
allocated amount of tables for shared events. Due to the nature of the business the
table allocation changes constantly.
d) The Client shall confirm in writing the final guest numbers for the Event no fewer
than 10 Business Days before the Event Date and shall confirm all other relevant
details including special dietary requirements.
e) If the number of guests booked increases following the Event booking, the Company
will try to accommodate additional guests, but this will be at the Company’s
discretion and is never guaranteed. If additional guests are requested or admitted,
an additional Deposit may be payable and the Price and additional costs will
increase accordingly and the Client’s consent to such an increase shall (if there is
time) be obtained in advance.
f) There is strictly no admittance or re-entry into the Venue after 9pm and the Company
is unable to refund any un-used tickets or make concessions for guests that arrive
after this time.
6. Menu Pre-orders
a) There is a set menu for all of our Shared Events.
b) The Company will endeavour to accommodate all dietary requirements, but these
must be communicated in writing at least 6 weeks before the Event Date. Please
note that these are dietary requirements and not preferred menu choices.
c) If we have not received dietary requirements for members of the Client’s party, they
will be defaulted to vegan.
d) The Company reserves the right to make changes to the advertised menu in the
event of shortages in supply of particular items but undertakes that the same number
of courses will be served.
e) Changes to the menu or dietary requirements of guests within the period of 6 weeks
prior to the Event are subject to availability and at a cost of £50 + VAT per person
which will be added to the Price as an additional cost.
f) The Client is liable for ensuring that it communicates any dietary requirements to the
Company 6 weeks prior to the Event and remains responsible for informing the
Company of any specific dietary requirements or allergies. Any delay in performing
this obligation will likely result in guests being served the vegan menu. The Company
accepts no responsibility whatsoever for any and all allergic reactions howsoever
caused unless the Company is found to be negligent. The Company is not
responsible for reminding the client to comply with their obligation within the set
timeline. We regret that the Company shall be unable to make any changes to the
booking, menu choices/dietary requirements or wine orders on the day of the Event.
7. Beverages
a) Any drinks vouchers purchased are non-refundable and shall not be exchangeable
for cash. Should the Client wish to order a drinks package, this must be purchased
for every guest attending the Event. The Company will not allow any drinks tabs
during the Event unless this has been arranged with and agreed by the Company as
part of the booking and is stated in writing prior to the Event.
b) The Company will not make concessions for guests who do not require the drinks
package for any reason.
c) Unlimited drinks packages or vouchers cannot be purchased at the Event.
d) At the Event, any queries regarding the beverage order must be made with a member
of staff at the time. We advise the Client to bring the beverage invoice to the Event
as proof of purchase on the evening.
e) Guests may not, under any circumstances, bring their own drinks to the Event. Any
guest doing so will be asked to leave the Venue and no refund shall be provided.
f) The bar closes at midnight, unless otherwise agreed in writing, and the Company is
not required to call last orders. Drinks may not be taken from the Venue at the end
of the Event. If drinks are not consumed during the Event, the Company is not liable
to refund the Client or to provide any unconsumed beverages to the Client. The
Company reserves the right to confiscate any drinks being removed from the
premises by any guest.
8. Cloakroom
a) The Company will provide a secure cloakroom at all Events. However, the Company
cannot guarantee the complete security of items stored in the cloakroom. The Client
leaves items in the cloakroom at their own risk and the Company cannot be held
responsible for such items.
b) Under no circumstances will items be given back from the cloakroom without receipt
of a valid cloakroom ticket. Accordingly, the Company strongly advises the Client to
ensure that guests attending an Event do not bring expensive items or items
containing confidential information to an Event or leave such items in the cloakrooms
provided. Any items left at the Venue following the Event must be collected within
24 hours of the Event taking place. After this time, items will be disposed of. The
Company cannot make any provision for the extended storage of any items be it
before or after the Event.
9. Cancelling of Event
a) All cancellations must be received in writing and acknowledged by the Company in
order for an Event to be cancelled.
b) If the Client cancels the Event 6 weeks or less prior to the Event Date, the total
Deposit will be retained by the Company and shall not be refundable and the Client
will remain liable to pay the entire Price plus any additional costs incurred in
accordance with these Terms and Conditions (i.e. for any pre-orders).
c) If the Client cancels the Event more than 90 days prior to the Event Date, the Client
shall only be liable to pay the Deposit in full plus any additional costs incurred by
the Client as per clause 9(g).
d) If the Client cancels the Event in the period which is 90 days or less prior to the
Event, the relevant cancellation fee as set out in clause 9(g) below shall be payable
by the Client.
e) If the Client has signed the Terms and Conditions via the On Hold Email or Online
Booking Portal and a cancellation occurs before the Deposit has been received by
the Company, the full Deposit for the Event will nevertheless be payable by the
Client.
f) The Client acknowledges that the Company needs to purchase the consumables
(or ingredients for their preparation) and to hire equipment and labour in advance of
the Event and that it may be unable to recoup these costs if the Client cancels the
Event.
g) If the contract is cancelled in accordance with these Terms and Conditions for
whatever reason other than because the Company is in breach of this contract, the
Company reserves the right to charge a cancellation fee. The cancellation fee shall
be:
(i) Cancellation 43 days or more before the Event Date
Cancellation Fee: the Deposit and 100% additional costs
(ii) Cancellation 42 days or less before the Event Date
Cancellation Fee: 100% of the Price and additional costs
h) The Company reserves the right to cancel an Event should the number of guests
put forward by the Client render the Event not feasible or for any other reason other
than the Client’s fault, subject to written notice, and in this case, notwithstanding
any other provision set out in these Terms and Conditions, a full refund will be made
to the Client if an alternative date is not available or the Event is not suitable for
rebooking. If the Event can go ahead, the Client is liable to pay the full Price and
additional costs. Without limitation, if the Company cannot obtain the chosen Venue
for the Event, the Company may substitute a reasonable alternative venue that can
host the Event on the Event Date based on the information set out in the On Hold
Email.
10. Force Majeure
a) The Company shall have no liability for any expenses, damages or losses caused
by the delay, hindrance or default in performance, or any obligation caused directly
or indirectly by breakdown or unavailability of supplies, suppliers or equipment of
particular services, catering, supplies or tickets or access to facilities due to Acts of
God or industrial disputes or actions, strikes, adverse weather conditions, loss of
liquor license, fire, acts of terrorism, flood, epidemics, pandemics, death of a
monarch, failure of a utility service or transport network, breakdown of plant or
machinery, any rules or regulations of governments or any interference or acts or
directions of governments, or any other causes beyond the reasonable control of
the Company (Force Majeure Event). For the avoidance of any doubt, any events
which prevent or hinder or in any way affect the Client’s (and/or its guests) ability to
accept the Company’s services and/or attend the Event will not amount to a Force
Majeure Event. The Company strongly recommends the Client to takeout event
insurance that can cover the Client in such instances.
b) If a Force Majeure Event takes place, the Company shall not be in breach of this
Contract or otherwise liable for any such failure or delay in the performance of its
obligations under the Contract, and it shall be entitled to cancel this Contract by
immediate written notice to the Client.
c) If the Contract is cancelled, the Company shall be entitled to charge the Client for
the preparation and administration costs incurred by the Company and any
unavoidable third party costs or expenses paid or committed to by the Company for
the Event (together, the Company Costs) and shall refund to the Client the
difference if any between the Company Costs and any fees paid by the Client at the
date of cancellation including the Deposit.
11. Complaints
a) If the Client has any complaints regarding any aspect of the Event, it must
communicate its complaint to the Company at the time of the Event, so that an
attempt to resolve the matter can be made, but also the Client shall in any event
contact the Company to let it know of the complaint, within 48 hours of the end of
the Event. If the Client does not inform the Company within 48 hours, the Company
will not be held responsible for the complaint.
b) The Client shall not be entitled to deduct or set-off any sums from any money owed
to the Company. Any reductions will be at the discretion of the managers of the
Company involved and specific to the situation.
12. The Client’s Responsibilities
a) The Company will not be held liable for any aspect of the Event’s arrangements
failing, if such failure is due to the Client’s acts or omissions or due to the acts or
omissions of a third party not involved in providing any of the Services which
constitute the Event. Such failures may include by way of example only, failure to
behave reasonably or appropriately or power cuts.
b) If the Company’s performance of any of its obligations under the Contract is
prevented or delayed by any failure by the Client to perform any of its obligations
(Client Default), then, without limiting or affecting any other right or remedy
available to the Company:
(i) the Company may suspend performance, and rely on the Client
Default to relieve it from the performance, of the affected obligations
until the Client remedies the Client Default;
(ii) the Company shall not be liable for any costs or losses sustained or
incurred by the Client arising directly or indirectly from the Client
Default;
(iii) the Client shall reimburse the Company on written demand for any
reasonable, unavoidable costs or losses sustained or incurred by the
Company arising directly or indirectly from the Client Default.
(iv) The Client shall be liable to the Company for any damage caused or
liability arising as a result of its guests’ attendance at the Event and
for any legal costs incurred in defending or pursuing any related
claim.
(v) The Company acts as agent in supplying equipment used in
connection with the Event (for example dance floors, glassware,
furniture and marquees). The Client is responsible for damage
caused by its guests to all equipment located at the Event and the
Company strongly recommends that the Client insures against such
damage or loss.
c) The Client is not permitted to supply or use its own or third party contractors,
production companies/suppliers, entertainers without prior written approval from the
Company. If Company agrees that the Client can use its own contractors for an
Event, the Client agrees to fully indemnify the Company against all costs, demands,
expenses and claims made against it, resulting directly or indirectly from an act,
omission or default caused by any such contractor.
d) Non-payment of the final balance of the Price and additional costs by the due date
will constitute a fundamental breach of these Terms and Conditions and the
Company shall be entitled to cancel the Event. For the avoidance of any doubt, in
case of cancellation of the Event and termination of the Contract by the Company
pursuant to a fundamental breach committed by the Client, the Client shall be fully
liable for the Price and any additional costs incurred under these Terms and
Conditions.
e) This provision only applies to Shared Events. Please note that Shared Events
organised by the Company are large-scale events, such that it is vital that the
Company serves all food on time. If for any reason any of the Client’s guests are
late for the Event, the Company will only be able to serve them the courses
remaining to be served at the time of their arrival at their table. Please note service
for the overall Event can and will only be postponed up to a maximum of 15 minutes
after the agreed service time as per the Event summary.
f) This provision only applies to Shared Events. The Client will pick up dietary cards,
drinks vouchers and wristbands at the reception desk at the Event. It is the Client’s
responsibility to ensure that guests have the correct information and all beverage
and dietary cards. The Company shall not be held liable for any loss of dietary cards,
drinks vouchers and wristbands once these have been handed over to the Client or
for any errors made in servicing the right food or drinks to the guests if the dietary
cards are incorrectly handed out to the guests. The Client’s representative(s) should
be the first person(s) to arrive and should make themselves known to a member of
the Company’s team at the registration desk. The Company will not hand out any
information to any guest or take instructions from any guest who is not identified as
an authorised person for the Client. The Client is requested to inform the Company
of its Event representative(s) before any Event, in writing.
13. The Company’s Responsibilities and Limitation of Liability
a) The restrictions on liability in this clause 13 apply to every liability arising in
connection with the Contract including liability in contract, tort (including
negligence), misrepresentation, restitution, deliberate fault or otherwise.
b) The Company is responsible for ensuring that the Event booked is as described in
the On Hold Email, however, the Company reserves the right to make changes to
the production specification in the interest of improving the overall Event design and
functionality. The Company will take every care to honour commitments but
reserves the right to amend or alter all or part of the programme of an Event, and
regrets that the Company will not, so far as the law allows, be liable for errors,
omissions or cancellations.
c) Should any compensation be due to the Client, the amount the Client shall receive
will be related to the amount of the Price and additional costs received by the
Company and will not in any event exceed the amount of the Price and additional
costs received by the Company. The Company is responsible for booking the
requested Venue; however the management of each Venue reserves the right to
admission at its own discretion and the Company will not be responsible for failure
by a venue manager to allow admission.
d) The Company cannot accept responsibility for any injury to Clients or their guests
sustained whilst attending an Event unless the injury is a result of negligence of the
Company. Nothing in this contract shall remove or limit the Company’s liability for
death or personal injury arising from its negligence.
e) The Client shall not be liable for the following types of loss which are wholly
excluded:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of use or corruption of software, data or information;
(vi) loss of or damage to goodwill; and
(vii) indirect or consequential loss.
f) Unless the Client notifies the Company in writing that it intends to make a claim in
connection with the Event within 7 calendar days from the Event Date, the Company
shall have no liability for that claim. The notice must identify the incident and the
grounds for the claim in reasonable detail.
14. General
a) The parties shall comply with all applicable data protection laws and regulations.
The Company shall not process any personal information provided or made
available to it by the Client in connection with this contract or the Event for any
purpose other than that which is strictly necessary for the performance of its
obligations under this contract. Details about how the Company uses and stores the
data provided by the Client is detailed in the Company’s privacy policy which is
available upon request.
b) No party shall make, or permit any person to make, any public announcement or
any sort of publication concerning the existence, subject matter or terms of this
agreement or use the name, logo or marketing materials of the other party or any
other confidential information including names of guests, dietary requirements, or
images, without the relevant party’s consent, except as required by law, any
governmental or regulatory authority, any court or other authority of competent
jurisdiction.
c) In order to protect the legitimate business interests of the Company, the Client
agrees for itself and as agent for each company that is a member of its group, that
it shall not, and shall procure that its guests shall not, at any time say anything which
may be harmful to the reputation of the business of the Company whether
defamatory or otherwise.
d) The On Hold Email and these Terms and Conditions constitute the entire agreement
and contract between the parties and references to the contract between the parties
shall include the On Hold Email and these Terms and Conditions. Each party
acknowledges that in entering into this contract it does not rely on any statement,
representation, assurance or warranty (whether made innocently or negligently) that
is not set out in the contract. Each party agrees that it shall have no claim for
innocent or negligent misrepresentation or negligent misstatement based on any
statement in the contract.
e) A waiver of any right or remedy is only effective if given in writing and shall not be
deemed a waiver of any subsequent right or remedy.
f) A delay or failure to exercise, or the single or partial exercise of, any right or remedy
shall not waive that or any other right or remedy, nor shall it prevent or restrict the
further exercise of that or any other right or remedy.
g) The contract with the Client does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the contract.
15. Law and Jurisdiction
This contract with the Company is governed by English law and is subject to the
exclusive jurisdiction of the Courts of England and Wales.