Awesome Events Ltd, Unit 102 China House, 401 Edgware Road, London NW2 6GYdenis@awesome-events.co.uk0208 830 5959
Terms and Conditions
Awesome Events Shared Terms and Conditions – revised 25.2.24
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 sub- contractors’ 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.