TERMS & CONDITIONS
1 INTRODUCTION The Client wishes to engage the services of the Co-ordinator to supply the Services and the Co-ordinator accepts the engagement subject to the following terms and conditions. If we receive any money from you as payment for our services in full or in part, then it is confirmation that you accept the following terms and conditions in full.
Co-ordinator: www.fuerteventurabeachweddings.com and is howner (also referred to as ‘us’ or ‘we’). Client: The person who engages the services of the Co-ordinator (also referred to as ‘you’). Services: Wedding and events planning and co-ordination services provided by us Our Fee: The price charged to you for the provision of the Services.
2 SERVICES The Co-ordinator will act as agent on your behalf to negotiate third party contracts for the supply of goods and services for your event. All third party contracts will be entered into between the Client and the Supplier, however, we may be required to pay monies to third parties and to sign contracts on your behalf. By doing so, we are not implying in any way that we are contractually bound by third party suppliers. It is your responsibility to comply with the Terms & Conditions of all third party suppliers. All third party terms and conditions will be provided on request.
The Co-ordinator does not accept any liability in respect of any delay or non-observance by you of any third party contract terms. We will, however, endeavor to remind you of all approaching payment deadlines and/or actions required of you to comply with third party terms and conditions.
The performance of the third party contracts is beyond the control of the Co-ordinator. We do not accept any responsibility for the late, unsatisfactory or non-performance of a third party supplier. We will, however, endeavor to remedy any problems that may arise in this regard.
3 BUDGET AND FEES We will advise you of the charges for all third party services as they are quoted to us. However, we will not be responsible for any price increases or additional charges levied by third party suppliers before or after an order is placed with them.
Our fee and the fees of third party suppliers commissioned by us on your behalf shall become due by the Client as follows: 100% of our fee shall be immediately payable; all invoices presented to us by third party suppliers shall be payable in full by you within 3 days.
all invoices including our fees and those of third party suppliers must be paid in full one month before the event date regardless of the terms and conditions of the third party suppliers which may specify a payment date closer to that of the event.
Without prejudice to any other right or remedy that we may have, if the Client fails to pay the Co-ordinator on the due date, we may:
charge interest on such sum from the due date for payment at the annual rate of 6% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and suspend all services until payment has been made in full.
an additional charge of £30 will be added to our fee in the event that their bank returns the Client’s payment.
4 CLIENT’S RESPONSIBILITIES It is your responsibility to arrange all civil and religious requirements for your event and to ensure that any required documentation is delivered to the appropriate authorities within the time limits required. The Co-ordinator shall not be liable for any loss arising as a result of your failing to obtain any statutory or religious documentation, which results in the cancellation or delay of your event.
You agree to co-operate with the Co-ordinator and make yourself available for all required decision making concerning the planning of your event day.
5 DATA PROTECTION AND YOUR PERSONAL INFORMATION The Co-ordinator will hold only the minimum amount of personal data necessary for the planning and co-ordination of your event and for their own accounting purposes. You agree that The Co-ordinator may pass personal data to potential suppliers. We cannot be held responsible for the way in which these suppliers store and use your personal data.
The Co-ordinator will be as discreet about your event arrangements as is reasonably possible, although you accept that total secrecy is not possible given the need for us to contact potential suppliers and make arrangements on your behalf.
The Co-ordinator reserves the right to use photographs of elements of your event for our professional portfolio and website (we will, however, obtain your prior approval to the use of any personal photographs of yourselves).
6 CANCELLATION In the unlikely event of you wishing to cancel the Co-ordinator’s services, you must do so by giving us written notice to be received at least 4 weeks prior to your event date. Upon receipt of a letter of cancellation, and following settlement of all our invoices issued prior to receipt of the cancellation, we will provide you with all relevant information in our possession relating to your event.
Any cancellation received by the Co-ordinator less than 4 weeks prior to your event date will be subject to the settlement of the unpaid balances in full of any third parties. All relevant information in the Co-ordinator’s possession relating to your event will be provided upon receipt of this payment.
The Co-ordinator reserves the right to terminate this agreement in exceptional circumstances (including, but not limited to ill health or bereavement) or in the unlikely event of the relationship with the Client being rendered unworkable. Should the need arise; the Co- ordinator will terminate the agreement in writing, giving four weeks’ written notice. We will provide you with all relevant information in our possession relating to your event upon settlement of all unpaid invoices issued prior to termination.
7 LIMITATION OF LIABILITY This clause sets out the entire financial liability of the Co-ordinator (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of: any breach of this agreement; any use made by the Client of the Services; and any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Nothing in this clause limits or excludes the liability of the Co-ordinator: for death or personal injury resulting from negligence; or for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Co-ordinator.
Subject to conditions 7.2 and 7.3 the Co-ordinator shall not be liable for: loss of anticipated savings; or loss of goods; or loss of contract; or
loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and the Co-ordinator'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 price paid for our fee.
8 GENERAL No variation of these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws governing Lanzarote.
Upon reading these terms and conditions in their entirety you must decide whether you wish to be bound by them. If you pay any monies towards our services or those of a third party involved in the organisation of your event then you will be deemed to have agreed to them in full and with no additional clauses or changes to the existing wording.
Dated April 2009.