FESTE LTD Terms & Conditions
The Client is engaging FESTE LTD to carry out the Services in relation to the Event (in each case as defined below), subject to these Terms & Conditions and the contents of the invoice, which constitute the entire agreement between us (“the Agreement”).
FESTE LTD: company registered in England and Wales (no. 1274426), with registered address at 111 Woodside Gardens, Tottenham, London, N17 6UN (also referred to as ‘us’ or ‘we’).
The Client: the person or persons who book the services of FESTE LTD (also referred to as ‘you’).
The Event: the event which FESTE LTD is arranging on the Client’s behalf.
A. Services (the “Services”)
i) FESTE LTD will arrange the Event for the Client in accordance with the Agreement. This shall include:
delivering a plan (the “Plan”) and budget (the “Budget”) for the Event, in each case in full consultation with the Client; and
arranging and coordinating the Event, including liaising with third party suppliers and venues on behalf of the Client, subject to the terms out conditions set out in Section C of this Agreement.
B. Budget & Fees
i) The budget for the Event (the “Budget”) will be set following consultation with the Client and agreement upon the Plan.
ii) FESTE LTD’s fee (the “Fee”) is payable as follows:
£50 non-refundable deposit will be payable at the time of agreeing to use FESTE LTD’s services. This amount is payable before FESTE LTD provides Concepts/Itinerary/Ideas and acts as payment for the work undertaken to create the Concepts/Itinerary/Ideas.
The remaining FESTE LTD fee is split as follows: Planning (£500) to include client consultation, Concepts/Itinerary/Ideas and booking of the Event. Ideas (£250) to include client consultation, Concepts/Itinerary/Ideas.
100% of the budget will be payable at the time of agreeing to book FESTE LTD’s services. The non-refundable deposit will be absorbed as part of the budget. Should you decide at any point to stop using FESTE LTD services, FESTE LTD reserves the right to retain their Fee as a non-refundable portion of the budget.
iii) If the Budget increases because of any changes to the Plan, additional requests from the Client, or upon request of any third party supplier or venue, or for any other reason, the Fee shall increase in the same proportion. FESTE LTD will endeavour to inform the Client of any potential changes to the Budget as soon as possible and will not change the Plan or the Budget without first consulting with the Client.
v) The Fee shall not decrease in the event that the Budget decreases for any reason, subject to Section D below.
vi) Invoices submitted by FESTE LTD to the Client, must be paid in full, cleared funds, within 7 working days of the date of the invoice. The Client acknowledges that each payment made under these terms is non-refundable, subject to Section D below.
vii) If the Client does not pay the FESTE LTD on the invoice due date, we may:
a) charge interest on the sum outstanding for payment at the annual rate payable on the late payment of commercial debts, accruing on a daily basis until payment is made, and·
b) withdraw the supply of all Services until such time as payment and interest has been made in full and·
c) require payment of all future sums due under this agreement as a condition of the recommencement of Services.
vii) If FESTE LTD’s are requested to attend the Event, and attendance necessitates an overnight stay, related accommodation costs and basic subsistence will be charged back to you (supplementary to our Fee) up to a reasonable limit of £100 per night, unless otherwise agreed.
C. Third Party Suppliers
i) It is understood that, in carrying out the performance of the Services, FESTE LTD will be required to negotiate contracts with third party suppliers and venues for your Event. Venue includes but is not limited to holiday rentals, hotels, restaurants, bars, clubs and any other venue that may be part of the Event arranged by FESTE LTD. All contracts negotiated in this way will be entered into between you and the individual third party suppliers. This ensures you have a direct contractual relationship with all of your suppliers. It is your responsibility, not that of FESTE LTD, to ensure you are aware of and comply with all the Terms and Conditions of individual third party suppliers.
ii) The Client is responsible for all payments due to any third party suppliers or venues. FESTE LTD agrees to administer payments to third party suppliers and venues on the Client’s behalf. FESTE LTD shall not make any payments on the Client’s behalf until such amounts have been received a corresponding amount in cleared funds from the Client. FESTE LTD shall not be responsible for any failures by the Client to pay any third party suppliers or venues. FESTE LTD shall not be responsible in the event that a third party supplier or venue demands any additional payment from the Client.
iii) FESTE LTD agrees to accept and administer payment from the attendees of the Event. This does not absolve the Client of any of its responsibilities under this Agreement.
iv) FESTE LTD shall be entitled to use any amounts received from the Client (or any other person associated with the Client or the attendees of Event) to pay any outstanding Fees.
v) FESTE LTD will not be liable for any non-observance by you or any of the attendees of the Event of any third party supplier or venue contract terms.
vi) Third party contracts, and the performance of any third party suppliers, is beyond the control of FESTE LTD. FESTE LTD has no control over or liability for the behaviour and/or conduct of the service provider, venue and/or the Client’s guest(s) and/or attendees at the Event. Any issues or queries with the venue and/or service provider strictly on the day of the Event are to be raised directly with the venue and/or service provider for the most efficient method of resolution. Whilst we will do everything we can to rectify any problems that may arise we cannot accept responsibility for the unsatisfactory performance of a third party supplier.
vii) You enter into a transaction with and, you accept and understand any terms, conditions, rules and restrictions associated with the relevant venue and/or service provider and acknowledge that FESTE LTD is not responsible for performing the obligations pursuant to that transaction/agreement.
viii) FESTE LTD shall have no liability and shall bear no responsibility whatsoever for any breach of any legal duty or obligation by any third party supplier, venue, the Client or any of the attendees of the Event, including but not limited to regulations relating to health and safety (including legal obligations, guidelines and and restrictions related to COVID-19), fire, environment and/or product liability.
ix) If on the day(s) of the Event any of the obligations cannot be fulfilled for any reason beyond the reasonable control of any of the parties involved, including but not limited to war, industrial action, floods, pandemics, fire or access, then FESTE LTD shall not be liable for such failure to fulfil the obligations. This also relates to outdoor activities affected by bad weather including rain.
x) In the case of COVID-19, should the Event or any element of it be cancelled due to government-advised lockdown measures being enforced the Client should refer to the individual supplier’s terms & conditions. FESTE LTD is not liable to cover any costs to any third-party supplier or venues. FESTE LTD’s Fee shall only be refunded under the circumstances set out in Section D.
D. Cancellation and refunds
i) The Client acknowledges that FESTE LTD will carry out the Services whether or not the Event takes place. It is therefore understood that FESTE LTD’s Fee is due and payable upon agreement of the Plan, and shall not be refundable if the Event is cancelled for any reason.
ii) If, within 7 calendar days following the agreement of the Plan and your agreement to proceed with the Event, you cancel or change the Plan with the effect that the Budget is decreased, we reserve the right to retain the Fee. The Budget will be refunded subject to the terms and conditions of any third party suppliers or venues.
iii) If you wish to cancel a booking for a venue and/or service with a service provider prior to the date of the Event, you may be entitled to a refund of the price you paid for the venue and/or third party services. However, based on what you have booked you may still be required to cover any outstanding balance attached to your name.
iv) In all other circumstances, refunds of the Fee and any other amounts received from the Client or any other attendee will be at the discretion of FESTE LTD and made in consideration of losses and expenses incurred and anticipated.
v) FESTE LTD reserves the right to terminate this agreement upon reasonable notice. In these circumstances, we will refund the Fee (less the non-refundable deposit and any expenses that have been reasonably incurred), and will release all relevant information pertaining to your event upon settlement of all unpaid invoices issued prior to termination.
vi) FESTE LTD will not be liable for any failure to perform the Services or delay in performance of the Services for any reason which is outside of its control, including but not limited to war, industrial action, floods, pandemics (including COVID-19).
vii) FESTE LTD takes no responsibility if the venue and/or service provider cancels the booking and no suitable alternative booking date or option is provided. Your rights in such circumstances shall be governed by the terms and conditions of the relevant service provider or venue.
E. Client Responsibilities
i) You agree to cooperate fully with FESTE LTD and to make yourself available for all necessary decision-making concerning the planning of your event.
ii) You agree to pay all amounts due and payable to any third party suppliers and/or venues in accordance with the respective terms and conditions.
iii) You agree to review and familiarise yourself with the terms and conditions of any third party suppliers and venues.
iv) You agree to take responsibility for any attendees at the Event, including but not limited to the responsibility to ensure that attendees comply with the terms of this Agreement and the terms and conditions of any third party suppliers or venues.
F. Data Protection
i) FESTE LTD will require and hold only the minimum amount of personal data from you in respect of your event and for their own accounting purposes. You agree that FESTE LTD may pass personal data to potential suppliers where appropriate. FESTE LTD will not be held responsible for the way in which these suppliers store and use your personal data.
ii) FESTE LTD will be as discreet about your event arrangements as is reasonably possible. You accept that total secrecy is impossible given the need for us to contact potential suppliers and make arrangements on your behalf.
iii) FESTE LTD reserves the right to use photographs of your event for our professional portfolio, website and social media. We will, however, obtain your prior approval before publishing photographs of yourselves.
G. Limitation of Liability
i) The entire financial liability of FESTE LTD to the Client is contained in this clause (including any liability for the acts or omissions of its employees, agents and subcontractors) in respect of:·
a) any breach of this agreement;·
b) any use made by the Client of the services; and·
c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement and·
d) any other matter or thing.
ii) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
iii) Nothing in this clause limits or excludes the liability of FESTE LTD:
a) for death or personal injury resulting from negligence; or·
b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation.
iv) Subject to sub-condition iii) FESTE LTD shall not be liable for:·
a) loss of anticipated savings; or·
b) loss of goods; or·
c) loss of contract; or·
d) loss of use; or·
e) loss or corruption of data or information; or·
f) the cost of arranging or replacing an Event which has been cancelled; or
g) any losses incurred by you or any attendees at the Event, including but not limited to loss or damage or theft of any personal items; or
h) any special, indirect, consequential or pure economic loss, costs, damages, charges or expense.
(v) The Client shall indemnify, keep indemnified and hold FESTE LTD harmless from and against all claims, actions, damages, liabilities, costs and fees (including professional fees) which may be brought against or suffered by FESTE LTD in connection with the Event which arise due to the actions, omissions, negligence, or breach (including breach of terms and conditions of any third party suppliers or venues) by the Client or any of the attendees at the Event.
(vi) FESTE LTD’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the Fee paid to FESTE LTD.
i) No changes to this Agreement, or to any of the documents referred to in them, will be valid unless either:
it is in writing and signed by or on behalf of each of the parties or
it is a change to this Agreement which is reasonably requested by FESTE LTD in order to comply with any applicable legal or safety requirements (and if such change in the reasonable opinion of FESTE LTD requires an adjustment to the Budget or FESTE LTD’s fee then you and we will negotiate in good faith to agree such adjustment.
ii) This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be exclusively governed by, and construed in accordance with, the law of England and Wales.
iii) If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
iv) If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
v) You will not, without the prior written consent of FESTE LTD assign, transfer, subcontract, declare a trust of or deal in any manner with all or any of its rights or obligations under the Agreement.
vi) We may at any time assign, transfer, or subcontract, all or any of the rights of the Wedding Planner under this Agreement and may subcontract or delegate in any manner any or all of the obligations of FESTE LTD to you to any third party or agent.
vii) Each party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
viii) Any notice required to be given under this Agreement shall be in writing and shall be delivered in person, by email, or sent by, recorded delivery to the other party.
ix) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address shown on the invoice or, if by email, on the date shown in the metadata, or if sent by recorded delivery, at 9.00 am on the second Business Day after posting.