1.1 In these Terms, the following words shall have the following meanings:
Booking: your booking or proposed booking of the Services;
Booking Form: our booking form attached to these Terms;
Business Day: Monday to Friday inclusive excluding bank and public holidays in England;
Catering Services: the provision of catering services for the Event;
Contract: the contract between you and us under which we agree to provide the Services to you, such contract comprising of the Booking Form and these Terms;
Deposit: the deposit payable by you to book the Services as set out in the Booking Form;
Entertainment Services: the provision of a children’s entertainer(s) for the Event delivering fun and games using our unique formats and concept;
Event: the party or other event detailed in the Booking Form at which we will provide the Services including the date and the time during that date when you want the Services to be provided;
Event Outside Our Control: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, total or partial failure of utility or transport networks, traffic jams, congestion, road works, diversions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
Fees: our fees for the Services as set out in the Booking Form;
Services: the Entertainment Services and any Catering Services;
Terms: the terms and conditions set out in this document;
Venue: the venue at which the Event is being held as set out in the Booking Form and at which are we to provide the Services; and
You/Your: the person(s), firm(s) or organisation(s) named on the Booking Form.
2 About us
2.1 We are Amanda’s Action Club Parties Limited (company number 08093956) (We/Our/Us). Our registered office is at c/o 7 Bennetts Ave, Greenford, Middlesex, UB68AU. Our VAT number is GB133567022. You can contact us by telephoning us on 01895 623 999 or by emailing us at [email protected]
3 Application of these terms
3.1 These Terms shall apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which may be implied by law, trade, custom, practice or course of dealing (save where any such terms cannot be contracted out of by law in a contract with a consumer).
4 Our contract with you
4.1 We will let you know when you make a Booking enquiry whether we are able to provide the Services for your proposed Booking. If you confirm that you would like to make the Booking, we will provisionally book the Event.
4.2 To confirm your provisional Booking, you will have to complete and return / submit the Booking Form to us, and pay us the Fees payable when you return / submit the completed Booking Form to us as required by clause 8.
4.3 Provisional Bookings will be valid for 2 Business Days from the date the provisional Booking is made. If you return / submit your Booking Form to us, and pay us the applicable Fees, within that timeframe, we will confirm your Booking by sending you written notice of confirmation.
4.4 If you complete and return / submit your Booking Form to us, and pay us the applicable Fees, more than 2 Business Days after the date the provisional Booking is made, we may, at our option, either:
4.4.1 confirm your Booking by sending you written notice of confirmation; or
4.4.2 without liability to you, cancel your provisional Booking and decline your Booking by sending you written notice of cancelation. In those circumstances, we would refund any Fees you may have paid to us.
4.5 By completing and returning / submitting the Booking Form to us, you confirm that you accept, and agree to be bound by, these Terms.
4.6 You are responsible for making sure that the information on the Booking Form is accurate and complete. If you provide us with inaccurate or incomplete information, we will not be liable for any delay or non-performance caused by your failure to provide us with accurate and complete information.
4.7 If more than one person signs or submits the Booking Form, each person shall be jointly and severally liable for your obligations and liabilities under the Contract.
4.8 If you are making the Booking on behalf of a third party, you are responsible for making sure that the person(s) on whose behalf you are making the booking comply with all of the terms imposed on you under the Contract.
5 Changes to your booking
5.1 You may request changes to your Booking at any time before the Event. We will use reasonable endeavours to accommodate the change, but we shall be under no obligation to do so. We reserve the right to amend the Fees as a result of the change. If you are not willing to agree to the amended Fees, you may cancel your Booking in accordance with clause 10.
6 Providing the services
6.1 We will provide the Services to you at the Venue on the date and during the hours of the Event as set out in the Booking Form. We will not provide the Services outside of these times unless we have agreed any changes to these times in advance of the Event.
6.2 We will provide the Services:
6.2.1 with reasonable skill and care; and
6.2.2 in accordance with all applicable statutory and regulatory requirements.
6.3 We reserve the right to decide upon the format and content of the Entertainment Services.
6.4 We will take account when delivering the Entertainment Services of any special needs of children due to attend the Event (provided that you have made us aware of these needs prior to the Event) and will seek where possible to adapt the Entertainment Services to meet the interests of such children.
6.5 We will provide all equipment, props and music required to deliver the Entertainment Services.
6.6 If you ask us to provide a particular entertainer to deliver the Entertainment Services, we will use reasonable endeavours to provide the entertainer you requested. However, we reserve the right to provide an alternative entertainer if for any reason the entertainer you requested is not available to deliver the Entertainment Services.
6.7 We will ensure that all of our entertainers:
6.7.1 have satisfactory up-to-date DBS checks; and
6.7.2 are covered by public liability insurance cover for the provision of the Entertainment Services.
7 Your obligations
7.1 You must:
7.1.1 make the Venue available for us to deliver the Services on the date and during the hours of the Event as set out in the Booking Form and in good time before the scheduled start time for the Services so that we can set up any necessary equipment;
7.1.2 ensure that the Venue is safe and suitable for the provision of the Services and that there is available to us at the Venue on the date and during the hours of the Event: (a) such facilities, equipment and utilities as we may reasonably require to deliver the Services; and (b) suitable free of charge parking to allow us to unload and load our equipment and park our vehicle for the duration of the Services;
7.1.3 ensure that children attending the Event are properly supervised by appropriate adults at a ratio of not less than 1 adult to 15 children. We are not responsible for control or discipline bad behaviour;
7.1.4 ensure that there is sufficient space at the Venue for us to deliver the Services and for the children attending the Event to sit comfortably in a circle;
7.1.5 if any children attending the Event have special needs which may affect their ability to partake in the Entertainment Services, provide us with full details of such special needs at least 7 calendar days before the Event. You are responsible for ensuring that such children are able to safely partake in the Event; and
7.1.6 if you ask us to provide Catering Services, you must provide us with the following information at least 14 calendar days before the Event: (a) the number of guests who will be catered for at the Event; (b) your menu choices; and (c) all dietary requirements of guests who will be catered for at the Event (e.g. allergies).
7.2 If you do not comply with your obligations under clause 7.1, we reserve the right to cancel your Booking with immediate effect. In these circumstances, you will still have to pay us all of the Fees.
7.3 You are responsible for cleaning up after the provision of the Services and for making sure that all rubbish is disposed of and that the Venue is left clean and tidy after the Services have been provided. We will remove all equipment / props brought by us but it is your responsibility to dispose of all rubbish created by the provision of the Catering Services.
7.4 If any child(ren) attending the Event cause(s) damage to our equipment, you must reimburse us for the cost of repairing the equipment up to a maximum charge of £1,000.
8 Price and payment
8.1 The Fees will be set out in the Booking Form. The price includes all applicable taxes, including VAT.
8.2 We only accept payment by BACS or CHAPS transfer into our nominated bank account.
8.3 If you are a consumer, you must pay us:
8.3.1 the Deposit when you return or submit your completed Booking Form to us; and
8.3.2 the balance of the Fees in full and cleared funds by no later than 14 calendar days before the Event,
although if you make your Booking less than 14 calendar days before the Event, you must pay us all of the Fees when you return or submit your completed Booking Form to us.
8.4 If you are a business, we will send you an invoice for our Fees with your Booking Form. You must pay our invoice in full and cleared funds into our nominated bank account within 30 calendar days of the date of our invoice.
8.5 You must pay us all of the Fees regardless of any non-attendance by your guests at the Event.
8.6 If you do not make any payment due to us by the due date for payment, we may:
8.6.1 if you are a consumer, charge interest to you on the overdue amount at the rate of 2.5% per year above the base lending rate of HSBC Bank Plc from time to time or if you are a business, charge interest to you on the overdue amount at the statutory rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time. In each case, 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; and
8.6.2 charge you for any costs and expenses reasonably incurred by us in pursuing and obtaining payment from you.
8.7 Where you are not a consumer, you must pay all amounts due under the Contract in full without deduction or withholding except as required by law.
9 Our liability to you
9.1 Nothing in the Contract limits or excludes our liability for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 any liability you incur as a result of our fraud or fraudulent misrepresentation; or
9.1.3 any other liability which we cannot lawfully limit or exclude.
Liability to Businesses
9.2 Subject to clause 9.1:
9.2.1 we shall in no circumstances whatsoever, be liable to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, for: (a) loss of profits, sales, business or revenue; (b) loss of business opportunity; (c) depletion of goodwill and/or similar losses; (d) loss of anticipated savings; (e) loss of contract; (f) pure economic loss; (g) any indirect , consequential or special loss or damage; and
9.2.2 our total aggregate liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall in no circumstances exceed the Fees paid by you to us under the Contract.
Liability to Consumers
9.3 Subject to clause 9.1:
9.3.1 if we fail to comply with these Terms, we shall not be responsible for loss or damage you suffer that is not a foreseeable result of a breach of these Terms. Loss or damage is foreseeable if they were an obvious consequence of the breach or if they were contemplated by the parties at the time the Contract was entered into; and
9.3.2 we only supply the Services for domestic and private use. We shall have no liability to you for any: (a) loss of income or revenue; (b) loss of business; (c) loss of anticipated savings; or (d) wasted time.
10.1 If you are a consumer and have concluded the Contract by distance selling means:
10.1.1 you have a legal right to cancel your Booking by giving us written notice at any time up to 7 Business Days after the day after you receive our notice confirming your Booking. However, if the Event is due to take place during this period, your right to cancel ends when we provide the Services; and
10.1.2 if you cancel your Booking under this clause 10.1 we will refund all the Fees you have paid us.
10.2 If you do not have the legal right to cancel the Contract under clause 10.1, you can cancel your Booking at any time by giving us written notice of cancellation. If you cancel your Booking under this clause 10.2, we will retain your Deposit and you must also pay us such sum as shall cover our reasonable preparation and administrative costs in respect of the Event plus such sums as we may be liable to pay to third parties in connection with the Event. We will refund you any Fees you have paid us over this amount.
10.3 We may cancel your Booking at any time with immediate effect by giving you written notice if you:
10.3.1 either: (a) do not pay us in accordance with the Contract, we notify you of non-payment and you still fail to pay us within 7 calendar days of the date of the notification; or (b) do not pay us the Fees due to us in accordance with the Contract by the date of the Event;
10.3.2 break the Contract in any material way (other than failure by you to pay us in accordance with the Contract);
10.3.3 (being a company) pass a resolution for your winding up (other than for the purposes of a bona fide reconstruction or amalgamation) or have a winding up order made in respect of you or have a receiver, administrative receiver, manager or administrator appointed of all or any part of your undertaking or assets;
10.3.4 (being a partnership) are dissolved or (being an individual) have a bankruptcy petition presented or die;
10.3.5 cease, or threatens to cease, to carry on your business, or become unable to pay your debts or become insolvent (within the meaning of the Insolvency Act 1986) or make or propose to make an arrangement or composition with your creditors; or
10.3.6 suffer any event which, under the law of any jurisdiction, is analogous to any of the acts or events listed in clauses 10.3.3 to 10.3.5.
10.4 If we cancel your Booking under clause 10.3, you will still have to pay us all of the Fees.
10.5 You may cancel your Booking at any time with immediate effect by giving us written notice if we:
10.5.1 break the Contract in any material way and fail to remedy that breach within 7 calendar days of being notified by you of that breach and request for its remedy;
10.5.2 (being a company) pass a resolution for our winding up (other than for the purposes of a bona fide reconstruction or amalgamation) or have a winding up order made in respect of us or have a receiver, administrative receiver, manager or administrator appointed of all or any part of our undertaking or assets;
10.5.3 (being a partnership) are dissolved or (being an individual) have a bankruptcy petition presented or die;
10.5.4 cease, or threatens to cease, to carry on our business, or become unable to pay our debts or become insolvent (within the meaning of the Insolvency Act 1986) or make or propose to make an arrangement or composition with our creditors; or
10.5.5 suffer any event which, under the law of any jurisdiction, is analogous to any of the acts or events listed in clauses 10.5.2 to 10.5.4.
10.6 If you cancel your Booking under clause 10.5, we will return the Fees to you.
10.7 Cancellation of your Booking shall not affect the parties’ rights and liabilities which have accrued before cancellation.
11 How we may use your personal information
11.1 For the purposes of the Data Protection Act 1998, we are the data controller.
11.2 You agree that, to the extent that you provide us with any third party’s personal information (e.g. personal information relating to children who will attend the Event), that personal information is accurate and complete and that we will not, by processing that personal information for the sole purpose of delivering the Services, break any applicable law or regulation.
11.3 We will use your personal information to:
11.3.1 provide the Services;
11.3.2 process your payment of the Fees; and
11.3.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us at any time.
11.4 We will not pass your personal information to any third parties except:
11.4.1 to enable us to provide the Services;
11.4.2 if we are required to do so by law;
11.4.3 to enforce our rights under the Contract; or
11.4.4 to a purchaser or prospective purchaser of all or part of our business.
12 Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
12.1.1 we will contact you as soon as reasonably possible to notify you; and
12.1.2 you or we may cancel your Booking with immediate effect by serving written notice on the other.
12.2 If your Booking is cancelled under clause 12.1, you must pay us such sum as shall cover our reasonable preparation and administrative costs in respect of the Event plus such sums as we may be liable to pay to third parties in connection with the Event. We will refund you any Fees you have paid us over this amount.
13 Other important terms
13.1 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business or home address, or sent by fax or email to the other party’s main fax number or email address.
13.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax or email, on the next Business Day after transmission.
13.3 For the purposes of clauses 7.2, 10.3.1(b) and 12.1, notice may be validly given verbally, and shall be deemed received immediately, provided that written confirmation of the notice is dispatched to the recipient in accordance with clause 13.1 the next Business Day.
13.4 Clauses 13.1 and 13.2 shall not apply to the service of any proceedings or other documents in any legal action.
13.5 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.6 The Contract is between you and us. No other person shall have any rights to enforce any of its terms save that if you have made the Booking on behalf of another person(s) we will be entitled to enforce the Contract against those other person(s) as well as you.
13.7 Neither party may vary the Contract without the prior written consent of the other. We will not need the consent of any person on whose behalf you have made the contract to vary the Contract. If you are a consumer, this clause 13.7 shall not affect our liability for oral statements made by our staff.
13.8 If you are a business, the parties agree that the Contract contains the entire agreement between the parties in respect of the subject matter of the Contract, and supersedes all previous agreements and understandings between the parties with respect to such subject matter. Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly set out in the Contract.
13.9 The Contract is governed by English law. If you are a business, you and we both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a consumer you and we both agree to submit to the non-exclusive jurisdiction of the English courts.