1. DEFINITIONS
‘the Client’ the individual, or business or body corporate for whom the proposal is prepared and the services are provided;
‘the Company’ Luxury Design Events Ltd including were applicable its employees, agents and representatives;
‘Third Party’ include performers, the venue, caterers or any other persons contracted directly by the client;
‘Third Party Supplier’ any supplier who is contracted by the Company to provide services at the event;
‘the Conditions’ the provisions set out below which shall be incorporated into the Contract;
‘the Contract’ the agreement between the Client and the Company as set out in the event specification;
‘The Event’ the occasion to be organised by the Company as set out in the proposal including the planning of this Event;
‘the Guests’ the invitees of the Client to take part in the Event;
‘the Price’ the fee due to the Company from the Client in payment for the Services;
‘the Proposal’ the letter and / or documents from the Company to the Client giving details of the event, setting out Services offered by the Company to the Client including Price;
2. THESE TERMS
2.1. What these terms cover:
These are the terms and conditions on which we mange, plan and supply the Event, as detailed in your Proposal
2.2 Why you should read them:
Please read these terms carefully before you confirm that you are happy with the content of our Event Proposal. These terms tell you who we are, how we will plan and provide your event to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are:
We are Luxury Design Events Limited, a company registered in England and Wales. Our company registration number is 14689441 registered at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
3.2 How you can contact us:
You can contact us by writing to us at enquiries@luxurydesignevents.co.uk
3.3 How we may contact you:
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
3.4 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1 How you will accept the Proposal:
Your acceptance of our Proposal will take place when you sign and return the Proposal to us and we confirm receipt of the same.
4.2 Your function reference number :
We will assign a reference number to your Event and this will be displayed on your Proposal. It will help us if you can quote your reference number whenever you contact us about your Event.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Proposal or any element of the Event, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Event or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we have already incurred costs in relation to an Event, we expressly reserve the right to reclaim those costs from you as a result of such change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Event
We may change any aspect of the Event:
6.1.1 to reflect changes in relevant laws and regulatory requirements;
6.1.2 to implement technical adjustments; and
6.1.3 to implement any requirement or obligations stipulated by the venue,
These changes will be notified to you as soon as reasonably possible prior to the Event.
6.2 More significant changes to the Event and these terms:
We may be required to make significant changes to the Event as a result of instructions from the venue. We will notify you of such significant changes. It it is deemed to affect any aspect of the Event substantially and is not considered, in our reasonable opinion, to be a minor change, you may then contact us to cancel the the contract before changes take effect and receive a refund for any money paid for services not received, deducting any non-refundable deposits paid toward the Event.
7. PRICE AND PAYMENT
7.1 Where to find the price for the Event service:
The price of the Event and the services will be the price indicated on the Proposal. We take all reasonable care to ensure that the price of the Event advised to you is correct. We reserve the right to charge additional fees should you overstay and go beyond your contracted event times.
7.2 When you must pay and how you must pay:
A 50% deposit of the Price shall be payable as a non-returnable deposit and taken to mean acceptance by the Client of the Proposal and will constitute confirmation of the services laid out therein. Any remaining balance is due cleared into the Company’a bank account 28 days before the event unless otherwise agreed.
We accept payment by bank transfer. All BACS balances must be paid in full and cleared at least 28 days prior to the date of the event. The final payment due to us may differ from the Proposal if you make changes to the event. All subsequent payments must be paid in full upon receipt of the invoice and terms as per the invoice.
7.3 What happens if we got the price wrong:
It is always possible that, despite our best efforts, some of the Event services may change due to circumstances out of our control, for example, if a third-party charges us more. In these circumstances, we will notify you of any increase in the price of the Event and this change will become payable upon receipt of invoice.
7.4 We will pass on changes in the rate of VAT:
If the rate of VAT changes between your order and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
7.5 Multiple bookings:
Would you have multiple bookings with us for event decor, wedding planning services or otherwise, all deposits and payments under those services are separate and individual to those contracts and shall not be transferred over from one service to another without prior agreement.
7.6 We can change interest if you pay late:
If you do not make any payment to us by the due date we may charge you a late payment fee of £50 and we may also charge you interest on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.7. What to do if you think an invoice is wrong:
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute if resolved we will charge you interest on correctly invoiced sums from the original due date.
8. YOUR RIGHTS TO CANCEL THE CONTRACT
8.1 You may cancel the contract with us at any time, but in some circumstances, we may charge you for doing so as described below. Please write to us at enquiries@luxurydesignevents.co.uk to cancel the contact. Please provide your name, address, reference number and where available your phone number and a reason for cancellation.
8.2 We will issue any refund due to you by the method you used to payment. However, we may make deductions from the amount due to you, described below.
8.3 We will make any refunds due to you as son as possible, but if you are exercising your right to change your mind, we will issue your refund within 28 days of you telling us you have changed your mind.
8.4 Cancelling the contract:
All cancellations of the Event and / or services should be notified to us in writing no less than 84 days prior to the date of the Event. Should any such notification of cancellation be received less than 84 days before the date of your Event booking, we reserve the right to charge you for the full cost of your Event.
8.5 If you are cancelling the contract outside of the 84 day period, the contract will end immediately and we will refund you for any element of the Event services which has not been provided. However, your non-refundable booking fee will not be returned and if we have paid monies to a third party, we will only be able to refund you to the extent that those monies are refundable and recoverable.
8.6 If you cancel the contract, you will need to pay us for those Event services performed in the organisation of your Event, any non-refundable payments made to third parties prior to you cancelling the contract and any payments which we are liable to pay to third parties. We may deduct this sum from money already paid to us by you and charge you for any additional sums required.
9. OUR RIGHTS TO CANCEL THE CONTRACT
9.1 We may cancel the contract at any time by writing to you if:
9.1.1 you do not make payment of the booking fee within 7 days of the date you sign the Event Proposal;
9.1.2 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Event services and to organise the Event;
9.1.4 you do not, or confirm that you are unwilling to, comply with any instructions issued by a third party in relation to the Event, for example the venue.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out above in clause:
9.2.1 we will refund any money you have paid in advance for Event services we have not provided but we may deduct from that refund (or, if the charges exceed your advance payments, charge you) any non-refundable booking fees and any payments either made to third parties (and which we are unable to recover) or payment which we are liable to pay to third parties and cannot be cancelled.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 How to tell us about problems:
If you have any questions or complaints about our services please contact us. You can contact us by emailing us at enquiries@luxurydesignevents.co.uk
10.2 Summary of your key legal rights:
See below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights – this is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11. PROVIDING THE SERVICES AND EVENT
11.1 When we will provide the services:
We will supply the event services described in the Proposal once a contract has been formed in accordance with clause 4 above. We will set up the Event on the Event date itself and will dismantle and deconstruct it afterwards. We will not provide any on-site personnel unless our service includes wedding planning with on-the-day coordination, in which case, one of our planners will be present on-site for the duration of the event. Unless requested by you in writing, we will not start supplying any Event services (see clause 8.3)
11.2 We are not responsible for delays outside our control:
If our performance of the Event services is affected, prevented or delayed by an event outside our control (“Intervening Event”) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
11.3 For the purposes of clause 11.2 above, an Intervening Event outside our control includes, but is not limited to, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic including, but not limited to, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes COVID-19, and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) or contagious or communicable disease or other natural disaster, strikes or industrial action by third parties, government action or restrictions, terrorist attack or threat of such attack, war (whether declared or not) or warlike operations, civil commotion, riot, invasion or failure of public or private power, sewerage or telecommunications conducting media or hardware or software.
11.4 If an intervening Event prevents, hinders or delays the performance of our obligations to you under the contract, we shall:
11.4.1 First, use reasonable endeavours to agree an alternative future date for your Event, provided such future date is acceptable to you; and
11.4.2 Second, offer you a credit note to be used for a future booking.
11.5 If an Event prevents, hinders or delays the performance of our obligations to you under the contract for a continuous period of more than 16 weeks (and provided that you have not agreed an alternative booking date or accepted a credit note to be used against a future booking) you may terminate the contract by giving written notice to us. However, if you do so, any non-refundable booking fees will be retained, however we may, in our discretion, make an ex gratia payment to you.
11.6 You are strongly advised to obtain insurance cover against the risk of any cancellation, postponement, curtailment or abandonment of your Event booking for whatever reason.
11.7 What will happen if you do not give required information to us:
We will need certain information from you so that we can organise and plan the Event for you, for example discussions about your requirements for the day to assist us in planning the event if you are using our wedding planning services, or if you are only using our decor services; decoration requirements, room layout plans, colour schemes, equipment, staging requirements (including sizing) access times for entry and exit and the total number of guests. We will contact you to ask for this information and more as and when required. If you do not provide us with this information within a reasonable amount of time of us asking for it, or if you provide us with incomplete or incorrect information, we may charge a reasonable sum to compensate us for any extra work hat is required as a result. We will not be responsible for not supplying any part of the planned Event if this is caused by you not giving us the information we need within reasonable amount of time of us asking for it.
11.8 We may suspend the service of cancel the Event if you do not pay:
If you do not pay any sums due for the Event when you are supposed to (see clause 7.2) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Event and hold our services until you have paid us the outstanding amounts, or if any sums are outstanding 21 days before the date of the Event, we may cancel the event. We will contact you to tell you we are suspending supply of the Event services or cancelling the Event. As well as suspending the Event services, we may also charge you interest on your overdue payments (see clause 7.6).
11.9 Equipment:
We shall hire the equipment to you strictly for use at the Event only, subject to these terms and conditions.
11.10 The equipment shall at all times remain our property. You shall have no right, title, or interest in or to such equipment, save for the right to possession and use of the equipment for the duration of the Event subject to these terms and conditions.
11.11 The risk of loss, theft, damage or destruction of the equipment shall pass to you on delivery of such equipment:
Equipment shall remain at your sole risk during the Event and any further period during which the equipment is in your possession, custody or control until such time as the equipment is redelivered to us or collected by us. Accordingly, you shall ensure that the equipment is kept in good condition.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us:
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Event services.
12.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Liability Cap:
Without prejudice to clause 12.2 above, our total liability arising under or in connection with this contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price paid or payable for the Event services.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information:
We will only use your personal information to:
13.1.1 supply the Event services and the Event to you; and
13.1.2 process your payment for the Event.
13.2 We will pass your personal information to those third parties who require it in relation to the Event.
13.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
14 YOUR OBLIGATIONS AND LIABILITIES
14.1 You are liable for damage caused by you or your guests:
You are responsible and may be required to pay us and / or the venue compensation for any damage caused to the venue and / or equipment used in the Event, whether this is caused by you or your guests. Depending on the extent of such behaviour and the number of people involved, in the event of inappropriate or disorderly behaviour, we may at our option terminate the Event without liability to you.
14.2 Table plans must be provided to us no less than 28 days before the date of the Event. If we do not receive details of the table plans at least 28 days before the date of the Event, we reserve the right to adjust any floor plan and layouts as we deem appropriate without liability or responsibility. We will not be held liable for any accidents or injuries sustained by you, or other third parties, as a result of such floor plan or layouts.
14.3 Staging:
If any staging or associated equipment is provided by the venue, it is your responsibility to ensure this is correctly set up and constructed ready for the Event. Unless such staging equipment is directly provided by us, we shall not be responsible for any losses or damage arising whatsoever.
14.4 Measurements:
We cannot guarantee that any packages or equipment booked by you will fit the venue or is sufficient for the venue. Although we may provide recommendations on Event packages, it is your responsibility to ensure that the Event package will fit and is sufficient for the venue. We shall not be responsible for any liability or inconvenience arising therefrom.
14.5 Loading and Parking Bays:
Where possible, it is your responsibility to ensure that we have access to a minimum of 2 parking bays at the Event venue (if available) for a one-hour period to enable us to offload equipment for your Event. Where such parking bays are not available, it is your responsibility to advise us of the nearest parking available.
15 OTHER IMPORTANT TERMS
15.1 We may advertise throughout your Event. We reserve all rights to advertise on the date of the Event.
15.2 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.4 Nobody else has any rights under this Contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 In the unlikely event that items will have to be reduced at a later stage in the agreement (see clause 11.3), the total price is not affected. The total price, depending on the service being provided, originally includes planning, delivery, set up and removal charges and does not get affected with reduction in numbers
15.7 Variation:
We reserve the right to amend and update these terms and conditions at any time, subject to prior reasonable written notice to you.
15.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make payment at a later date.
15.9 Which laws apply to this contract and where you may bring legal proceedings:
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. fI you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
