THE EVENTS CO (IOW) LTD

Client Agreement & Terms and Conditions

Current Terms & Conditions

1. Interpretation

In these Terms and Conditions:

“Agreement” means the agreement between You and Us incorporating these Terms, together with the details contained in any quotation, proposal, booking confirmation or other written agreement between us.

“Client”, “You” and “Your” means the person or persons purchasing or receiving Services from Us.

“Event” means the wedding, party, function or other event for which the Services are being provided.

“Hire Period” means the period beginning when hired Property is delivered or made available to You and ending when it is collected by Us or returned to Us.

“Property” means any furniture, equipment, structure, trailer, catering or bar equipment, decorative item or other property supplied by Us as part of the Services.

“Services” means our event planning and coordination, equipment hire, catering and bar services, stationery and design services, and any other services agreed in writing between You and Us.

“Us”, “We” and “Our” means The Events Co (IOW) Ltd.

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2. The Agreement

2.1 Agreement

The Agreement consists of these Terms together with the most recent quotation, proposal or booking confirmation issued by Us.

2.2 Acceptance

Your booking is accepted and the Agreement becomes binding when We receive either:

1. a signed copy of these Terms; or
2. the required booking deposit.

Payment of the deposit will be treated as acceptance of these Terms even if a signed copy has not yet been returned.

2.3 Previous terms

These Terms replace any previous terms relating to the same booking unless We expressly agree otherwise in writing.

2.4 Quotations and proposals

If there is any conflict between these Terms and a specific written quotation or proposal, the specific terms shown on the quotation or proposal will take precedence in relation to that particular booking.

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3. Booking and Event Details

3.1 Provisional bookings

Bookings remain provisional until the required deposit has been received.

Unless otherwise agreed, We are not obliged to hold a provisional date for more than seven working days after requesting the deposit.

3.2 Minimum booking value and quantities

Once a booking has been confirmed, the quantities and Services shown on the latest agreed quotation form the minimum booking commitment.

Reductions cannot be made without Our agreement. We will consider reasonable requests for changes, but any reduction may be subject to the cancellation provisions in Section 5.

3.3 Bookings made more than 12 months in advance

Where an Event is booked more than 12 months in advance, We reserve the right to make reasonable adjustments to prices where Our underlying costs have materially increased because of inflation, supplier price increases, fuel costs, taxation or other circumstances outside Our reasonable control.

Any adjustment will be notified to You as early as reasonably possible.

3.4 Delivery and set-up

Unless specifically included in Your quotation, hire items are provided on a self-set-up or kerbside-delivery basis.

Where set-up, installation, collection or dismantling by Our team is required, this must be agreed in advance and may incur an additional charge.

3.5 Conduct

We are committed to providing a safe and respectful working environment for Our staff.

Aggressive, threatening, abusive or discriminatory behaviour towards Our staff or contractors will not be tolerated.

Where We reasonably consider the safety or wellbeing of Our staff to be at risk, We may suspend the Services, withdraw Our staff and, where appropriate, remove Our Property from the Event.

3.6 Alcohol

Where We operate a licensed bar or are responsible for alcohol sales under a Temporary Event Notice or other licence, We retain final responsibility for the sale and service of alcohol.

We may refuse service to any person where reasonably necessary to comply with licensing law or the conditions of the relevant licence.

Where the agreed arrangements require alcohol to be purchased through Our licensed bar, alcohol brought onto the Event site contrary to those arrangements may be required to be removed or securely stored.

3.7 Third-party suppliers

Where suppliers are booked directly by You rather than contracted by Us, We are not responsible for their acts, omissions, delays or failure to perform.

Where We coordinate with such suppliers as part of Our Services, this does not make Us responsible for their contractual obligations to You.

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4. Price and Payment

4.1 Prices

Unless otherwise stated, prices quoted by Us are fixed once the booking is confirmed.

We may correct genuine errors or omissions and may make reasonable adjustments where costs materially increase due to circumstances outside Our reasonable control. Sections 3.3 and 11 also apply.

4.2 VAT

All prices are exclusive of VAT unless expressly stated otherwise. VAT will be charged at the applicable rate.

4.3 Booking deposit

Unless otherwise agreed, a non-refundable deposit equal to 15% plus VAT of the total quoted booking value is required to confirm the booking.

4.4 Payment schedule

Unless otherwise agreed in writing:

• We may request a further payment of 50% of the outstanding balance 90 days before the Event; and
• the remaining balance will be invoiced 30 days before the Event and must be paid no later than 21 days before the Event.

Where payment is not received when due, We may suspend or withhold Services until the outstanding amount has been paid.

4.5 Late bookings

Bookings confirmed less than 30 days before the Event must normally be paid in full at the time of booking.

4.6 Additional charges

Additional Services, equipment, staffing, fuel, materials or other costs requested or incurred after the final quotation may be invoiced separately.

This includes generator fuel where consumption is calculated after the Event.

Unless otherwise stated on the invoice, such amounts must be paid within five working days.

4.7 Invoice queries

Any query regarding an invoice should be raised with Us as soon as possible and normally within seven working days of the invoice date.

4.8 Payment details

Payment should be made using the details shown on Our invoice.

For security reasons, You should contact Us using a known telephone number if You receive any unexpected communication advising that Our bank details have changed.

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5. Cancellation, Reduction and Postponement

5.1 Cancellation by You

This Section applies where You:

1. cancel the Event;
2. cancel a material part of the Services; or
3. reduce the duration, quantities or scope of the booking so that its contracted value is reduced by more than 30%.

5.2 Cancellation charges

These charges reflect the costs, preparation, loss of alternative bookings, staff commitments and supplier obligations associated with reserving an Event date.

Any non-refundable third-party costs already incurred specifically for Your Event will also remain payable.

5.3 Notice of cancellation

Cancellation must be given in writing and takes effect when received by Us.

5.4 Significant reduction in booking

Where You request a reduction of more than 30% of the original contracted value, We may treat the affected Services as cancelled and apply the relevant cancellation provisions.

We will discuss the position with You before doing so.

5.5 Postponement

A postponement will normally be treated as a cancellation unless We agree to transfer the booking to another date.

Where:

1. a mutually acceptable replacement date is available; and
2. that date falls within 18 months of the original Event date,

payments already received may, at Our discretion, be transferred as credit towards the rearranged Event.

Any additional costs arising from the postponement, including supplier charges or increases in cost, may be payable by You.

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6. Hire Equipment and Property

6.1 General responsibility

You are responsible for taking reasonable care of Property supplied by Us during the Hire Period.

Responsibility begins when the Property has been delivered, positioned or handed over to You and continues until it has been collected or accepted back by Us.

You must notify Us as soon as reasonably possible of any loss, theft, breakage or damage.

6.2 Loss and damage

You will be responsible for the reasonable cost of repairing or replacing Property where loss or damage results from:

1. misuse;
2. negligence or failure to take reasonable care;
3. deliberate or malicious damage by You, Your guests or persons for whom You are responsible;
4. unauthorised movement, alteration or interference; or
5. a breach of these Terms.

You will not be responsible for reasonable wear and tear, inherent defects, or loss or damage caused solely by Our negligence or that of Our employees.

6.3 Use of hired equipment

Property must only be used for its intended purpose.

Unless We agree otherwise in writing, You must not:

1. sell, sub-hire or dispose of Our Property;
2. alter, dismantle or modify it;
3. move installed equipment or structures; or
4. allow any unauthorised person to repair or interfere with it.

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7. Toilet Trailer Hire

7.1 Responsibility

Where a toilet trailer is supplied without one of Our employees remaining with it, responsibility for its reasonable care and security passes to You once it has been delivered, positioned and made available for use.

That responsibility continues until We collect it.

7.2 Care and security

You must take reasonable precautions to protect the toilet trailer and its fixtures, fittings and equipment from loss, theft, vandalism and damage.

The trailer must only be used for its intended purpose.

7.3 Movement of the trailer

7.4 Site

You are responsible for ensuring that:

1. We have suitable access for delivery and collection;
2. the proposed location is reasonably level and suitable for the trailer; and
3. You have permission from the landowner or venue for the trailer to be positioned there.

We may refuse to position the trailer where We reasonably consider access or ground conditions unsafe.

7.5 Loss or damage

You will be responsible for the reasonable cost of repairing or replacing the trailer, its fixtures, fittings or equipment where loss or damage occurs because of Your negligence, misuse, deliberate act, failure to take reasonable care or breach of this Agreement.

7.6 Insurance

You remain contractually responsible for the trailer in accordance with these Terms during the Hire Period.

You should ensure that You have appropriate insurance or other financial means to meet any liability You may incur under this Agreement.

Any insurance maintained by Us does not remove or reduce Your contractual responsibilities.

7.7 Incidents

Any theft, vandalism, damage or other significant incident involving the trailer must be reported to Us as soon as reasonably possible.

Where theft or malicious damage occurs, We may require You to assist Us in making a police or insurance report.

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8. Stretch Tents, Marquees and Temporary Structures

8.1 Installation

Where We have agreed to erect a stretch tent, marquee or other temporary structure, its position must be agreed with Us and the venue or landowner before installation.

You must tell Us about any known underground services, drains, pipes, cables, irrigation systems or other hazards that may affect anchoring or installation.

8.2 Safety

We may refuse to erect, delay erection, alter the proposed installation or dismantle a temporary structure where We reasonably consider that:

1. ground conditions are unsuitable;
2. access is unsafe;
3. weather conditions create an unacceptable risk; or
4. erection or continued use would otherwise be unsafe.

8.3 Alteration

Once erected, You and Your guests or suppliers must not:

1. move poles, anchors, ropes, straps or fixings;
2. alter the structure;
3. attach additional equipment, decorations or loads without Our agreement; or
4. interfere with any safety or tensioning system.

8.4 Weather

Temporary structures are inherently affected by weather conditions.

You must follow any reasonable safety instruction We give concerning the use, evacuation or closure of a temporary structure.

Where We reasonably consider dismantling or ceasing use necessary for safety reasons, this will not constitute a failure by Us to provide the Services.

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9. Refrigerated and Powered Equipment

9.1 Use and movement

You must not move, alter, overload or interfere with refrigerated trailers, generators or other powered equipment without Our agreement.

9.2 Operating instructions

You must follow any operating or safety instructions supplied by Us.

9.3 Electrical supply

Where You are responsible for providing an electrical supply, You must ensure that it is suitable and safe for the equipment being supplied.

9.4 Refrigerated contents

Unless expressly agreed otherwise, We are not responsible for the contents placed inside refrigerated equipment or for consequential losses arising from deterioration of food, drink or other goods where the equipment itself has not failed because of Our negligence.

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10. Liability

10.1 Our responsibility

We are responsible for loss or damage that is a reasonably foreseeable consequence of Our breach of the Agreement or Our negligence.

10.2 Matters outside Our responsibility

We are not responsible for losses arising solely from:

1. inaccurate or incomplete information provided by You;
2. the actions or omissions of suppliers contracted directly by You;
3. Your failure to follow reasonable instructions given by Us; or
4. circumstances outside Our reasonable control, subject to Section 11.

10.3 Indirect losses

We will not be responsible for indirect or consequential losses that could not reasonably have been anticipated when the Agreement was entered into.

10.4 Liability that cannot be excluded

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by Our negligence or liability arising from fraud or fraudulent misrepresentation.

Nothing in these Terms affects any statutory rights You may have as a consumer.

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11. Events Beyond Our Reasonable Control

Neither party will be responsible for delay or failure to perform obligations caused by circumstances outside their reasonable control.

Such circumstances may include severe weather, fire, flood, accident, war, civil disturbance, industrial action, failure of utilities, Government restrictions, public-health emergencies or serious transport disruption.

Where such circumstances affect the Event, We will work with You to find a reasonable solution, which may include:

1. modifying the Services;
2. postponing the Event; or
3. cancelling Services that cannot reasonably be provided.

Any financial adjustment will take account of Services already provided and reasonable, unavoidable costs or third-party commitments already incurred.

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12. Image Rights

From time to time, The Events Co may wish to use images from past Events for marketing purposes, including on Our website, social media and promotional material.

You agree to this use, provided that no material personal information relating to You is made public.

If You do not wish Us to use photographs or video in which You or Your Event are readily identifiable, please let Us know in writing before the Event.

You are free to use images of the Event and of The Events Co Property for Your own personal use. Images showing Our work or Property must not be used for commercial purposes without Our express permission, and where permission is given The Events Co must be appropriately credited.

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13. Data Protection and Privacy

13.1 Information We collect

We may collect personal information including names, addresses, telephone numbers, email addresses and other information reasonably required to provide the Services.

13.2 Suppliers and contractors

We may share relevant information with trusted suppliers or contractors where necessary to fulfil Your booking.

13.3 Data protection

We will process personal information in accordance with applicable data-protection law and Our Privacy Policy.

13.4 Privacy Policy

Our current Privacy Policy is available on Our website.

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14. Event and Wedding Insurance

We strongly recommend that Clients consider appropriate wedding or event insurance.

Depending on the nature of the Event, You may wish to consider cover for matters including cancellation, postponement, supplier failure, damage to hired equipment and other unforeseen costs.

Insurance products and levels of cover vary, and it is Your responsibility to decide whether a particular policy is suitable for Your needs.

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15. Changes to the Agreement

Any significant change to the Services, Event date, Event location or other agreed booking details should be confirmed in writing.

Where a requested change results in additional costs, We will advise You before those costs are incurred wherever reasonably possible.

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16. Complaints

If You are unhappy with any aspect of Our Services, please raise the matter with Us as soon as possible so that We have a reasonable opportunity to resolve it.

Where possible, issues arising during an Event should be brought to the attention of the Event manager or other senior member of Our team at the time.

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17. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as removed to the minimum extent necessary.

The remaining provisions will continue in effect.

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18. Governing Law

These Terms and the Agreement are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction, subject to any rights You may have as a consumer to bring proceedings elsewhere.