Terms and Conditions
Terms of Conditions of Business
1. Application of terms
1.1 These terms are the only terms upon which we are prepared to do business with you and they govern the Contract to the exclusion of all other terms and conditions.
1.2 No terms or conditions endorsed upon, delivered with or contained in your acceptance of the Booking Contract or which you purport to apply when making or confirming the booking will form part of the Contract, even if such document is referred to in the Contract.
1.3 Any variation to these terms and any representations about our services and the Event, or either of them, will have no effect unless expressly agreed in writing and signed by one of our Managing Directors.
2. What we do
2.1 We will do our best to organise the Event in accordance with the Booking Contract and will use reasonable skill and care in doing so.
2.2 If circumstances beyond our reasonable control occur, we may have to change the Booking Contract and the Event (for example postponing it or changing the venue, performer or other entertainment). We will tell you promptly if this happens and will use reasonable efforts to agree suitable alternative arrangements with you. But we will not be liable if we cannot organise the Event in accordance with the Booking Contract because we are delayed or prevented from doing so due to circumstances beyond our reasonable control.
2.3 We will also not be liable for any delay in organising the Event caused by your act or omission.
3. Price and terms of payment
3.1 The Price we will charge you for organising the Event is as set out in the Booking Contract (subject to any adjustments which we will be entitled to make in accordance with paragraph 3.5 below)
3.2 We will bill you for the Price in two instalments as follows:
3.2.1 A non-refundable deposit is payable within fourteen days of the invoice date. This deposit is non assignable.
3.2.2 The remainder of the contract is payable 56 days prior to the event. Failure to comply with these payment terms may result in the removal of services offered.
3.3 We may change the Price set out in the Booking Contract in the following circumstances:
3.3.1 Where we agree to change the Booking Contract in accordance with paragraph 4 below. This might include, for example, the cost of increasing the number of attendees at the Event and the cost of any additional labour, transport, accommodation, subsistence, and equipment hire charges if required.
3.3.2 If we have to change the Booking Contract in accordance with paragraph 2.2 above.
3.3.3 Where our suppliers increase their prices to us and these increases are beyond our reasonable control, for example increases in the cost of hiring the venue, the performer or other entertainment, or any equipment.
3.4 All amounts due under the Contract must be paid in full without any deduction or set off.
3.5 All payments must be made in pounds sterling unless sterling ceases to be legal tender and is replaced by the euro. In that case all payments due must be made in euros at the rate of exchange fixed by EU regulations from the date of withdrawal from legal tender of sterling or as agreed between the parties.
3.6 If you do not pay any amount payable under the Contract when it is due, we will be entitled to charge you interest on the overdue amount, payable on demand. Interest will be calculated on a daily basis on the overdue amount, from the date payment was due to the date of actual payment, after as well as before judgment, at a rate of 4% per annum above the base rate for the time being of Natwest Bank Plc
3.7 We will also be entitled to charge you £25 for each cheque unpaid by your bank (including cheques marked “please represent”) and £25 for each direct debit unpaid. If a cheque is returned marked “refer to drawer”, we will be entitled to cancel the Contract unless you pay us the amount due in cash or by banker’s draft.
4. Your right to make changes
4.1 If you ask us to change the Booking Contract we may ask you to confirm your request in writing. We will do our best to accommodate changes and will provide you with details of the impact that the proposed changes will have upon the Event, the Price and the time scales involved. If we agree to a change, the Contract will be changed when we issue you with a revised Booking Contract.
5. If you wish to cancel
5.1 You must tell us in writing if you wish to cancel the Event for any reason. If you do cancel, you must pay a cancellation fee as follows:
Notice of cancellation received before the Event (% of the price payable)
cancellation fee 20% (deposit)
at least 120 days 25%
at least 90 days 50%
at least 60 days 75%
less than 60 days 100%
5.2 The cancellation fee in paragraph 5.1 is a genuine estimate of the likely loss we will incur through your cancellation. It is based on a reasonable assessment of the work we will have done and the money we will have spent, or committed to spend, in getting ready for the Event.
6. Our right to cancel or terminate Contract
6.1 We may cancel the Event and end the Contract if:
6.1.1 You do not pay any of our bills in accordance with paragraph 3;
6.1.2 You break any of the other terms of the Contract and the breach, if capable of being rectified, is not rectified within 28 days of receipt of a notice from us requiring it to be rectified;
6.1.3 Bankruptcy or insolvency proceedings are brought against you, or if you do not pay a court judgment on time, or you make an arrangement with your creditors, or a receiver or an administrator is appointed over any of your assets, or you go into liquidation;
6.1.4 Any circumstances beyond our reasonable control occur as referred to in paragraph 2.2 and we are unable to agree suitable alternative arrangements with you.
6.1.5 If the time, date, venue or content of the Event is cancelled or changed subsequent to your booking, you will be notified and given the option to transfer your booking or cancel your booking and be fully refunded. We shall not be liable for any additional loss or damage (such as travel and accommodation arrangemements etc.) resulting from such cancellation or changes.
7. Your commitment to us
7.1 Where the Event is to take place on your property or at a venue which you are responsible for providing, you must ensure that:
7.1.1 The property is suitable for the Event and complies with applicable health and safety legislation and all other laws, regulations, directives, Codes of Practice and all standards, rules and guidelines issued by relevant regulatory bodies;
7.1.2 Any necessary planning permissions and licences are obtained;
7.1.3 Suitable power and distribution services are available, unless we have agreed to provide the power and power distribution services in the Booking Contract.
7.2 You are responsible for carrying out, in sufficient time to enable us to organise the Event, those responsibilities that you have either expressly agreed to carry out or would reasonably be implied to be your responsibility.
7.3 You must ensure that your staff and any guests comply with any reasonable requests our staff or we may make, whether it is in the interests of safety or otherwise.
7.4 You must arrange for any guest who, in our reasonable opinion, is behaving dangerously or disruptively to leave the Event as soon as we draw your attention to such behaviour.
7.5 You are responsible for ensuring that your staff co-operate with our staff and us where this is required and that any information or approval that we need from you is given to us promptly.
8. Our liability to you
8.1 These terms do not affect your statutory rights where you book the Event as a consumer (as defined by the Unfair Contract Terms Act 1977).
8.2 Nothing in the Contract restricts or excludes our liability for death or injury caused by our negligence or those of our employees, agents or sub-contractors.
8.3 Subject to paragraph 8.2 above, we will not be liable under the Contract or for our negligence or otherwise for any of the following kinds of loss, whether direct or indirect or consequential and whether or not foreseeable: loss of business, revenue, profit or goodwill.
8.4 Subject to paragraph 8.2 above, any liability we may have of any sort (whether for breach of contract or because of our negligence, breach of statutory duty or otherwise) is limited to a total of £5,000,000, which is the amount of our public liability insurance
8.5 You are responsible for and agree to indemnify us against all claims and demands made, or proceedings brought, and all losses, damages, costs, expenses and liability arising in connection with:
8.5.1 Any act, default, omission or negligence of yours, your employees or agents, or;
8.5.2 A breach of your obligations under the Contract, except to the extent to which our act, default, omission or negligence or that of our employees or agents is the cause
9. Confidential information
9.1 You must both during the Contract and for one year after it ends, keep confidential and not (except as authorised by us or acquire to be disclosed by law) use or disclose any confidential information about our business.
10. Intellectual property
10.1 All art work, designs, drawings, documents and other material which we create or which we commission to be produced in connection with the Event are, and remain, our property.
10.2 If we wish to use your name, any of your trademarks or logos for marketing purposes, you agree that you will not unreasonably withhold or delay your consent to our proposals.
11.1 The rights and remedies contained in the Contract are cumulative; exercise of one right or remedy does not prevent exercise of another. They are also in addition to any rights or remedies provided for by law.
11.2 A single or partial exercise of a right or remedy contained in the Contract does not prevent further exercise of the same right or remedy.
11.3 Failure to exercise a right or remedy, or delay in exercising the right or remedy, is not a waiver of that or any other right or remedy
11.4 If any part of the Contract is disallowed or is not effective, the other parts will continue to apply
11.5 No term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999.
11.6 A notice to be given under the Contract must be in writing and sent to the recipient’s last known address when it will be deemed to have been received:
11.6.1 If sent by pre-paid first class post, on the third day after posting; and
11.6.2 If sent by fax, when confirmation of transmission has been recorded on the sender’s fax machine; and
11.6.3 If sent by email, when confirmation of successful delivery is shown in the sender’s inbox.
11.7 The Contract is governed by English law and the courts of England have exclusive jurisdiction over it
12. Explanation of words used
12.1 In the Contract:
“Booking Contract” means our written proposal to organise the Event detailing the services to be provided and the Price, whether contained in the document entitled “Booking Contract” or in any letter, fax, email or other document.
“Contract” means the Booking Contract and your acceptance of it.
“Event” means the party, entertainment or event that we have agreed to organise for you as set out in the Booking Contract.
“Price” means the price as set out in paragraph 3.1 above
“We/our” means Hype Party Planning Limited (Company No: 03231001) of 47 Park Street, Bristol BS1 5NL.
“You/your” means the individual, firm or body, corporate or unincorporated set out in the Booking Contract.
12.2 References to “circumstances beyond our reasonable control” include the following: unavailability for any reason of the venue, performer or other entertainment; unavailability or failure of equipment; shortages caused by breach of contract by our suppliers; unavailability or failure of power or communications; anything done by government or other competent authority; any strike, lock out or other industrial action.
12.3 The words ‘include’ and ‘including’ are to be interpreted without limitation, as are examples, which are given by way of illustration only.