Terms & Conditions
Terms & Conditions
STANDARD CONDITIONS – January 2021 – Venue and Events Search Limited trading as The Christmas Party Company
Free Venue Finding and Use of Website
1.1 In these Conditions the following expressions shall have the following meanings:
1.1.1 “Customer” means any person, firm or company using the company`s website.
1.1.2 “The Company” means Venue and Events Search Limited or any of its trading styles
2.1 In exchange for the benefit of using our free venue finding service it is hereby agreed that if the Company suggests parties, venues, locations or any other event service that match the brief given by the customer the customer not whether by itself, its servants or agents, or through any third party use or contract with any of the suggested parties, venues or locations for a period of twenty four months from the date the Company makes the suggestion unless the customer informs the company they were already talking to said parties, venues, locations or any other event service at the time of taking the brief. If the customer choses to do so the customer agrees to pay to the company the sum of £2,500 + VAT by way of liquidated damages and professional charges for the Companies work done.
2.2 The Company will be working hard, at no cost to the customer, to find the party, venue or location that the customer has briefed us to find so it is further agreed if the customer subsequently changes their requirements but does not inform the company to allow them to submit alternatives in line with the revised brief the customer will pay to the company the sum of £1000 + VAT as a fee for work done.
2.3 It is also agreed that if after the company has submitted ideas against the brief given and the customer does not respond to email, telephone or written requests for feedback the customer will pay to the company the sum of £1000 as a fee for work done.
2.4 It is also agreed that all brochures, catalogues, price lists, samples, menus, wine lists, particulars of dimensions and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Services & unless expressly incorporated the same shall not form part of the Contract this includes web based and social media advertising.
2.5 By continuing to use this site the customer confirms acceptance of the above terms and has the authority to do so.
1.1 In these Conditions the following expressions shall have the following meanings:
1.1.1 “Additional Items” means the following where incurred.
(i) any items not returned or not re-usable or damaged specified in Condition 16.3.1 and 16.3.2;
(ii) any extra persons included in the Customer’s party receiving Services will be charged on a pro rata per head basis;
(iii) any facilities arranged by the Company under Condition 13 or any other items whatsoever ordered by the Customer by any person attending with the Customer’s party, even if not consumed or used;
(iv) payments due in respect of a bar under Condition 15;
(v) value added tax or any other form of taxes or duties levied by the Government in respect of the provisions of the Services;
(vi) any other additional facilities or items supplied by the Company in addition to those agreed to be supplied under the booking accepted by the Company;
(vii) any service charge payable
1.1.2 “Contract” means these Conditions including the details of the Services as set out on the face of the booking form.
1.1.3 “Contract Date” means the day the Services are to be performed or (where applicable) the first of the days the Services are to be performed where the event occurs over a number of days.
1.1.4 “the Customer” means any person firm or company using the companies services.
1.1.5 “Service” means all and every item of goods and services or part thereof supplied by or for the Company.
1.1.6 “Company” means Venue and Events Search Limited or any of its trading styles and reference to the acknowledgement, consent, authority, notification or agreement of the Company shall mean acknowledgement, consent, authority, notification or agreement in writing signed by or on behalf of a Director of the Company.
1.1.7 “Transgression” means any breach of contract or tort or other act, default, omission or statement of the Company, its employees, agents or subcontractors in respect of which the Company is liable to the Customer.
2.1 These Conditions apply to all contracts for the supply of Services by the Company. No additions or modifications to or terms or conditions inconsistent with these Conditions shall be binding upon the Company unless agreed by the Company in a document expressly referring to a modification, alteration, variation of or to the relevant Condition or Conditions.
2.2 All brochures, catalogues, price lists, samples, menus, wine lists, particulars of dimensions and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Services. Unless expressly incorporated the same shall not form part of the Contract this includes web based and social media advertising.
3. QUOTATION AND ORDERS
3.1 A contract for the supply of Services will be created when the customer requests a service to be supplied whether verbally, via email or any other format. The Company however may require a booking form to be signed & a deposit to be paid before the acceptance of the Customer’s order and such deposit shall be payable within the time set for payments by the Company.
3.2 If a Contract is made less than 13 weeks prior to the Contract Date the Customer must make payment in full of the Contract price at the time the Contract is made.
3.3 No refunds will be given by the Company if the numbers of persons attending an event are less than the numbers booked.
4. PRICE AND PAYMENT TERMS
4.1 Additional items shall be added to the price and shall be paid for when ordered or if incurred on the day of the event within 7 days of the invoice detailing additional Items (without any deduction).
4.2 The balance of all amounts due on the Contract price must be paid 13 weeks prior to the Contract Date (without any deduction).
4.3 The Company reserves the right to charge interest at 8% above Barclays Bank base lending rate for the time being on any overdue payments until payment is made in full. Payments are overdue if not made in full either on the date for payment specified on the invoice or where relevant the date set for payment under these terms and conditions or where neither of those alternatives apply within 7 days of the date of the invoice.
4.4 The Company reserves the right to recover from the Customer all direct expenses reasonably incurred by the Company in the collection of any overdue sums.
4.5 If payment is not made in full for the Contract by 10 weeks prior to the Contract Date the Company reserves the right to cancel the Contract and to recover from the Customer the full cost of the Contract price.
5. PERFORMANCE AND FORCE MAJEURE
5.1 The Company shall have no liability for any expenses losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by breakdown or unavailability of equipment or supplies of particular foods or drinks or services or tickets or access to facilities or inability to obtain labour Acts of God or any other causes beyond the reasonable control of the Company.
6. TERMS AND REPRESENTATIONS
6.1 THESE CLAUSES DEFINE THE CUSTOMER’S RIGHT IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY THE SERVICES OR FOR ANY STATEMENTS MADE BY THE COMPANY ITS EMPLOYEES OR AGENTS. CUSTOMERS ARE ADVISED TO READ THESE PROVISIONS CAREFULLY.
The Company’s prices are kept as low as practical and the circumstances of its business preclude full indemnity insurance being obtained at a price which would enable the Company to supply the Services at a competitive price. ACCORDINGLY, CUSTOMERS ARE ADVISED TO CHECK THAT THEY OR ANY PERSONS ATTENDING WITH THEIR PARTY ARE COVERED BY INSURANCE AGAINST ANY LOSS OR DAMAGE THEY MAY SUSTAIN. THE COMPANY DOES NOT INCLUDE ANY RESERVE FOR POTENTIAL LIABILITY.
6.2. The Company accepts liability for death or personal injury to the extent that it results from the negligence of the Company, its employees (whilst during their employment) or its agents (in the course of their agency).
6.3. If the Customer has any complaint regarding the provision of the Services notice of the complaint must be noted to the event manager of the event on the day/evening of the event & served on the Company within 1 working day of the Services being provided. The Customer shall not be entitled to deduct or set-off any sums from any money the Customer owes to the Company.
6.4.1 Subject to Condition 6.2 no condition, warranty or other terms, express or implied (by statute or otherwise) is given by the Company in relation to the Services including that the Services will be to any particular standard notwithstanding that any particular standard may have been known (or ought to have been known) to the Company, its employees or agents.
6.4.2 The Company shall not be liable for loss or damage to property in the possession either of the Customer or of any person attending with or included in the Customer’s party. Vehicles are parked entirely at the risk of their owners and the Company does not accept liability for any loss or damage to vehicles or their contents.
6.5.1 To the extent that the Company is held legally liable to the Customer for any single Transgression, the Company’s liability for the same shall not exceed the price of the Services (or the part thereof in respect of which there is a Transgression) provided that a number of Transgressions, whether successive or concurrent, which together result in or contribute to substantially the same loss or damage shall be treated as a single Transgression.
6.5.2 The restriction of liability in Condition 6.5.1 shall not apply to any liability accepted by the Company in Condition 6.2.
6.6 If any exclusion or limitation of liability or any other provision contained in the Contract is held invalid under any applicable statute or rule of law, it shall to that extent be deemed omitted, but if the Company thereby becomes liable for any liability which would otherwise have been excluded or limited, such liability shall be subject to the other exclusions limitations or provisions set out in Condition 6.
6.7 The Customer shall fully indemnify the Company against all losses, damages, costs, actions, claims, demands, fees and other expenses (legal or otherwise) the Company may incur in consequence of any act or omission of the Customer or any persons included in the Customer’s party causing loss or damage to any item supplied by or for the Company in connection with the provision of the Services.
7.1 The Company shall, at its option, be entitled to terminate all or any of its contracts with the Customer forthwith, and recover all expenses, losses and damage resulting to the Company including (but without limitation to) loss of profit or other consequential loss if:
7.1.1 (a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made.
(b) the Customer makes or seeks to make any composition or arrangement with his creditors
(c) the Customer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 268 Insolvency Act 1986);
(d) an encumbrance takes possession of any of the Customer’s assets, or any of the Customer’s property is taken in execution or process of law:
(e) a petition is presented or an order is made or a resolution is passed for the winding-up of the Customer;
(f) a petition is presented or an order is made for an administration order to be made in relation to the Customer;
(g) the Customer’s directors make a proposal for a voluntary arrangement with the Customer’s creditors;
(h) the Customer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
(i) a receiver or administrative receiver is appointed over any of the Customer’s assets; or
7.1.2 the Customer fails to make any payment owed to the Company on the due date; or
7.1.3 the Customer is in breach of the terms and conditions of any contract with the Company (including breach of these Conditions).
7.2 The Company may at any time and at its option cancel the Contract if it is unable to supply the Services for any reason and its sole liability to the Customer, save those outlined in clause 5.1, shall be for the return to the Customer of all money paid by the Customer to the Company if in the reasonable opinion of the Company the Customer is not in any way responsible for the cancellation.
8.1 Any notice consent, notification, acknowledgement, authority, or agreement required or referred to the Contract shall be;
8.1.1 in writing; and
8.1.2 given to the party for whom it is intended at such party’s registered or main office or last known address; and
8.1.3 given by pre-paid post, telefax transmission or email and shall be deemed to have been received 5 days after the date of posting or 1 day after the date of transmission as the case may be.
9.1 The Contract shall be governed in all aspects by English Law and be subject to the sole jurisdiction of the English Courts.
10.1 Whenever possible the Company shall despatch tickets and information concerning the Services after receiving payment in full from the Customer. The Company may however only be able to distribute some tickets on the day the Services are to be performed.
11. CANCELLATION BY CUSTOMER
11.1 If the Customer cancels a Contract with the Company.
11.1.1 up to 13 weeks prior to the Contract Date the Company shall be entitled to charge fifty per cent of the Contract price.
11.1.2 less than 13 weeks prior to the Contract Date the entire Contract price shall be payable by the Customer and retained by or payable to the Company except that if the Company is able to re-book the Services a sum of up to 50 per cent of the Contract price may at the Company’s discretion be refunded to the Customer.
11.2 If the amounts charged by the Company under Clause 11.1 do not cover the total expenditure which the Company must pay in pursuant to the Contract, the Customer shall pay the shortfall as an Additional Item.
12. ALTERATIONS TO SERVICES
12.1 Where circumstances require alteration to the Service the Company reserves the right to make any alterations it deems necessary to the Services. If such alteration results in a change in the Contract price this will be notified to the Customer prior to the Contract Date. The Customer shall be entitled to cancel the Contract on being notified of any alterations resulting in a material and adverse change to the Services or resulting in a change in the Contract Price and to receive a refund of any money paid to the Company, provided that notice of cancellation is served on the Company within a day of service of notice of the alterations.
13. OTHER ARRANGEMENTS
13.1 Where at the request of the Customer the Company arranges facilities and or Services for hotels, restaurants, entertainment or travelling;
13.1.1 this is done on the basis only that the Customer will make payment in full for such facilities when requested to do so either by the Company or by the supplier of the facility, and
13.1.2 the Company accepts no liability in respect of the supply or non-supply of such facilities, and
13.1.3 the Company acts only as an agent.
14. EVENT CANCELLATION
14.1 Should any event and or Service be suspended or cancelled for any reasons outside the control of the Company (for example cancellation of a day’s play because of bad weather) or for unreasonable behaviour of attendees at a function (for example entering premises where right of entry has been refused or not leaving premises when reasonably requested to do so) no refund shall be made by the Company and the Company shall not be liable for any loss or expenses arising out of such suspension or cancellation. Insurance for such eventualities is available (subject to status) and the Customer is strongly advised to obtain it.
15. PROVISION OF COMPLEMENTARY BAR AND EXTRAS
15.1 The Customer and its guests are not entitled to bring their own food and/or drink into the Company’s facility at any events.
15.2 Drinks may only be consumed in the Company’s facility during the times stated for the event and the Company may close or restrict access to the bar/facility to all guests if in its sole discretion it deems such action necessary.
15.3 Drinks are served only in recognised measures and in reasonable quantities.
15.4 The Company reserves the right not to serve any person attending the facility with or included in the Customer’s party if it appears that such a person is intoxicated or if unruly to exclude them
15.5 No drinks may be taken out of the Company’s facility and all drinks must be consumed on the day of the event. Any complementary bar facility only applies to those persons included in the Customer’s party as booked. If additional persons attend the complementary bar with the Customer’s party the Customer shall pay for such persons on a pro rata per head basis for the whole event.
15.6 If the Customer or any person attending with or included in the Customer’s party orders any drink or tobacco in addition to the items included in any Complementary bar facility, the Customer shall pay for all such items ordered whether or not consumed based on the Company’s records.
15.7 Subject to Condition 6.2 the Company is not responsible for any injury to persons included in or attending with the Customer’s party.
16. FOOD AND DRINK
16.1 In the event of the Customer wishing to increase numbers, the Customer must notify in writing the Company of the number of additional persons attending at least 14 days prior to the Contract Date. Numbers may be increased with the agreement of the Company and will be charged on a pro rata per head basis. The Customer shall be liable to pay for whichever is the greater of the number of people attending the event, or the number of persons notified to be attending.
16.2 Food and drink is offered subject to the availability of supplies. Accordingly, the Company reserves the right to alter the content and type of food and drink without the prior consent of or notification to the Customer – PLEASE NOTE THEREFORE IT IS THE CUSTOMERS RESPOSIBILITY TO NOTIFY THE COMPANY OF ALL FOOD AND DRINK ALLERGIES. If the variation requires any increase or decrease in the price this will be notified to the Customer, but the Company reserves the right to adjust its prices in such circumstances. The Company shall not be liable to make any refund (nor shall the Customer be entitled to make any deduction or set-off) where the food or drink is varied by the Company.
16.3.1 If any items (for example glasses, cutlery and crockery) are not returned or are not re-usable because of loss, damage or breakage the Customer shall pay to the Company the full cost of replacement.
16.3.2 If any items (for example marquees, table linen, tables, benches and chairs) are damaged or stolen during the time they are provided for the event the Customer shall pay to the Company the full costs of repair or replacement.
16.4 Times for service of food and drink and the provisions of any associated services are estimates only and accordingly the Company shall not be liable for any delays or failure in performance of the Services. If the Customer (or any of its party) for any reason causes the provision of the services to be delayed, the Customer shall pay as an Additional Item (1.1.1 (vi) all costs and expenses there by incurred by the Company.
17.1 Subject to Condition 6.2 the Company is not responsible for and shall not be liable for the acts or omissions of staff attending the events to perform the Services.
18.1 The Company acts as agents in supplying equipment used in connection with the Services (for example marquees and furniture). Unless the Company otherwise agrees such equipment must be insured against loss or damage by the Customer from the time the equipment is delivered to the venue until the time it is collected from the venue.
19 The customer is not permitted to supply or use its own 3rd party of any type without the written consent from the company
19.1 Where written consent is given a commission of up to 20% will be required or where no fee Is payable for example a customer’s own band is used a fee of up to £500 plus VAT will be
- The making of a booking with us however confirmed shall be deemed as acceptance by the client of the above standard terms and conditions