This document sets out the Booking Terms and Conditions (“the Terms”) of P & H Cuisines Ltd, registered in England, company no. 11959783 t/a (Love Destination Weddings) LDW (“LDW”), which together with the signed and completed Booking Form, form an integral part of the contractual relationship between LDW and the Customer (“the Contract”). LDW and the Customer are each a “Party” and are collectively the “Parties”
1. Interpretation
The following definitions and rules of interpretation apply in the Contract.
Definitions:
Booking Enquiry: has the meaning given in Clause 2.1.
Booking Form: has the meaning given in Clause 2.2.
Booking Confirmation: has the meaning given in Clause 2.3.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
Charges: the charges payable by the Customer for the supply of the Event Planning in accordance with Clause 6.
Contract: the contract between LDW and the Customer for the supply of the Services comprising these Terms and the Booking Confirmation.
Customer: the person or firm who purchases Services from LDW.
Customer Default: has the meaning given in Clause 5.3.
Data Protection Laws: all applicable legislation and regulatory requirements in force from time to time in the UK relating to the use of personal data and the privacy of electronic communications, including (i) the Data Protection Act 2018, (ii) the UK GDPR, and (iii) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
Deposit: the deposit to secure the booking as set out in Clause 3.
Event: the event or function for which the Customer requires the Services, as specified in the Booking Form and subsequent Confirmation.
Event Date: the date and time of the Event set out in the Booking Confirmation.
Event Planning Services: various event planning and co-ordination services to be provided by LDW to the Customer as set out in the Booking Confirmation.
Force Majeure Event: has the meaning given in Clause 11.1(a).
Net Income: the payments made by the Customer to the Referred Venue under the Relevant Contract (including but not limited to direct payment for the Referred Venue’s services and cancellation and/or termination charges incurred by the Customer).
Referred Venue: has the meaning given in clause 4.4 below.
Relevant Contract: a Contract between the Customer and the Referred Venue (including but not limited to for the use of the Referred Venue’s premises), introduced by LDW to the Referred Venue. See the meaning given in clause 4.5 below.
Services: venue referral and/or event planning and/or additional supplier services, to be provided by LDW to the Customer as set out in the Booking Confirmation.
Supplier Personnel: the individuals engaged by LDW to provide the Services at the Venue on the Event Date.
Terms: these terms and conditions as amended from time to time in accordance with Clause 11.7.
UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Venue: the property, or area or rooms within the property, at which the Services are to be provided, as specified in the Booking Confirmation. Where the Parties have also contracted for LDW’s Event Planning Services, upon the Customer and the Referred Venue entering into a Relevant Contract, the Referred Venue shall be the Venue.
Venue Price: the total price of the Customer’s reservation with the Referred Venue including all applicable Taxes, extras, add-on made or included prior to arrival (e.g. drinks order) as set or provided by the Venue to LDW, and thereafter by LDW to the Customer.
Venue Referral Services: the referral of the Customer by LDW to a Referred Venue, as specified within the Booking Confirmation.
- Interpretation:
- Unless expressly provided otherwise in the Contract, a reference to legislation or a legislative provision:
- is a reference to it as amended, extended or re-enacted from time to time; and
- shall include all subordinate legislation made from time to time under that legislation or legislative
- A reference to a person includes an individual, corporate or unincorporated body and any other entity (whether or not having separate legal personality).
- Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
- If there is any inconsistency between the Terms and the Booking Confirmation, the provisions of the Booking Confirmation shall
- A reference to writing or written excludes fax but not
- The Customer may enquire with LDW via telephone, email or social media, following which LDW shall utilise the information provided by the Customer about the Event to create a formal Booking Enquiry (Booking Enquiry). The Booking Enquiry constitutes an offer by the Customer to purchase the Services in accordance with these Conditions.
- Upon receipt of a Booking Enquiry from the Customer, LDW will review the same and where LDW chooses to accept the Enquiry, a Booking Form will be issued to the Customer. Said Booking Form shall include the applicable Charges. Where LDW has agreed to provide the Customer with its Venue Referral Service, the Booking Form shall consist of, or include, the venue fact sheets referenced at Clause 4.2 of these
- The Customer is then required to agree the Booking Form to LDW and confirm if they are agreeable to the Terms and to the Charges quoted in writing or email to LDW may then issue the Customer with acceptance of the Booking (Booking Confirmation), upon agreement of which The Contract shall come into effect.
- The Booking Confirmation shall set out all the initial details of the Event and the Any subsequent information can be update on the booking form or agreed in writing or by way of issue and payment of any invoices by LDW or its suppliers.
It is the Customer’s responsibility to check that the details in the Booking Confirmation reflect the Customer’s wishes and to notify LDW within 24 hours if this is not the case.
Final confirmation of the Event schedule, itinerary, timings, delegate or guest numbers, menus, special dietary requirements, refreshments, decorations, entertainments, floor plans, room layout, audio-visual requirements and any special requests for the Event (as applicable) must be supplied by the Customer to LDW by no later than 30 days prior to the date of the Event. Upon receipt of final confirmation, LDW shall invoice the Customer as required in the event of any outstanding balance due prior to the Event.
- Any samples, drawings, descriptive matter or advertising issued by LDW, and any descriptions or illustrations contained in LDW’s catalogues or brochures or on its website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
- These Terms apply to the Contract only . Any other rules or terms the customer requires are not included unless agreed specifically by LDW. In addition no unwritten discussions, or rules formed by trade custom or habit are included in this contract.
- Any quotation given by LDW shall not constitute an offer to enter into a contractual arrangement that is capable of being
3. Deposit
Where LDW has agreed to provide the Customer with Event Planning Services , following the issue of the Booking Confirmation, the Customer shall pay to LDW a minimum sum of 25% of the estimate of the total Charges or the sum of £1200, whichever shall be the higher. LDW may or may not raise a formal invoice for this Deposit but it shall still remain payable by the Customer.
Where LDW has agreed to accept payment of the Deposit via Instalments, the details of the arrangement will be as outlined in the Booking Confirmation.
Where LDW has agreed to provide the Customer with Venue Referral Services, the Customer may be liable to make payment of a deposit sum to the Referred Venue under the Relevant Contract.
4. Supply of Services
Venue Referral Services
- Where LDW has agreed to provide the Customer with Venue Referral Services, LDW shall utilise the details provided by the Customer (including but not limited to those details set out in the Booking Enquiry and/or Form and/or Confirmation) and make enquiries with external venues it considers to be appropriate for the Customer’s specified requirements.
- LDW will thereafter endeavour to provide the Customer with ‘fact sheets’ detailing venue information about each external venue identified by LDW pursuant to Clause 4.1 of these Terms.
- Should the Customer wish to then contract with LDW for its Venue Referral Services, it must then confirm in writing or email that it understands and agrees to the booking agreement and these terms.
- LDW shall bear no responsibility or liability for the venue information provided by external venues to LDW or directly to the LDW makes no guarantees or representations as to the accuracy of the venue information supplied by external venues to LDW or directly to the Customer.
- Where the Customer accepts a quote, LDW’s involvement shall be limited to negotiating with the Venue as to the Venue Where the Customer agrees with a Venue Price quoted by a Venue and where the Venue and the Customer are willing to enter into a formal contractual agreement accordingly..
- Upon agreement of quotation and payment of deposit to the Referred Venue, LDW’s involvement shall cease and LDW bears no responsibility for the any further negotiation and creation of the contract and/or contractual relationship between the Customer and the Referred Venue (Relevant Contract). LDW makes no guarantees or representations as to when and/or how and/or if the Referred Venue contacts the Customer upon the passing of the Customer’s contact details by LDW to the Referred Venue.
- Where the Parties have also contracted for LDW’s Event Planning Services, the Referred Venue shall be the Venue.
Event Planning Services
- Where LDW has agreed to provide to the Customer with Event Planning Services, LDW shall be permitted to negotiate on the Customer’s behalf, contractual and/or other arrangements between the Customer and third parties for the supply of goods and/or services, as required for the Event.
- Where LDW negotiates contractual and/or other arrangements between the Customer and third parties as part of its Event Planning Services, the Customer shall retain sole responsibility for compliance with the provisions and terms and conditions of any such third party The Customer shall further retain sole responsibility for ensuring it has adequate knowledge and awareness of the provisions and terms and conditions of any such third party arrangement.
- LDW’s role shall be limited to that of negotiator, and it shall not be party to any such contractual and/or other arrangements between the Customer and third parties, unless otherwise agreed by LDW & the Customer.
- LDW shall not be held liable for any failure by any third party supplier to comply with the provisions and terms and conditions of any such contractual and/or other arrangement between the Customer and said third party suppliers.
- LDW shall not be held liable for any failure by the Customer to comply with the provisions and terms and conditions of any such contractual and/or other arrangement between the Customer and said third party suppliers.
- The Customer shall remain liable and responsible for continued compliance with any existing contractual and/or other arrangements between the Customer and third party suppliers, and for any Charges payable to LDW.
- No fewer than 60 days before the Event Date, the Customer shall notify LDW of any changes to the details of special considerations set out in the Booking LDW shall use reasonable endeavours to adapt the planning of the Event to cater for any changes to the special considerations provided that:
- the special considerations are notified to LDW at least 60 days before the Event Date; and
- the Customer confirms its acceptance in writing to LDW of any additional Charges arising from the
General
- In the event of severe damage or loss of hired goods, LDW reserves the right to Charge the Customer for the replacement value.
- The Customer shall retain all responsibility for the behaviour of all and any Event guests. LDW’s Supplier Personnel shall not tolerate any aggressive and/or threatening and/or anti-social behaviour and/or language.
- LDW reserves the right to take digital photographs/videos of the Event for use on LDW’s marketing purposes. Where the Customer does not wish for any such photography and/or videography to be taken of the Event by LDW, the Customer must confirm this in writing to LDW no fewer than 5 Business Days before the Event Date.
- LDW shall not be in breach of these Terms or incur any liability for any delay in performing, or failing to perform, any of its obligations under these Terms, if such delay or failure results from event, circumstances, or causes beyond LDW’s reasonable In such circumstances, LDW shall be entitled to a reasonable extension of time for performance of its obligations pursuant to these Terms.
- LDW shall not be responsible or liable for any reduction in service or standard of service delivered as a result of timing constraints imposed by the Customer, Venue or any other third party goods or service provider.
5. Customer’s obligations
- The Customer shall
- ensure that the terms of the Booking Confirmation are complete and accurate;
- provide LDW with such information and assistance as LDW may reasonably require to supply the Services, and ensure that that information is and remains complete and accurate in all material respects;
- co-operate fully with LDW and ensure it makes itself sufficiently available to LDW to discuss necessary decisions regarding the planning of the Event;
- ensure all required civil and/or religious arrangements required for the Event are in place in time for the Event Date;
- If the Customer contracts with LDW for catering services at the venue, then the Customer shall not itself provide or engage any person organisation or firm unless agreed in writing with LDW.
- If LDW’s performance of any of its obligations under the Contract is prevented or delayed by any failure by the Customer to perform any of its obligations (Customer Default), then, without limiting or affecting any other right or remedy available to LDW:
- LDW may suspend performance, and rely on the Customer Default to relieve it from the performance, of the affected obligations until the Customer remedies the Customer Default;
- LDW shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from LDW’s failure to perform or delay in performing the Services; and
6. Charges and payment
- The Customer shall pay the Charges for the Event Planning Services in accordance with this Clause
- The Charges shall be calculated in accordance with LDW’s current pricing at the date of the Booking Confirmation as provided to the Customer in writing.
- The Charges set out in the Booking Confirmation are an estimate only based on the information provided by the Customer in the Booking
- LDW may issue an additional invoice after the Event:
- for any further Charges due which may include those payable for any final alterations to the Event Planning
- to cover the cost of loss or damage to LDW’s equipment or supplies or other Supplier Materials for which LDW reserves the right to charge the Customer after the Event provided that LDW notifies the Customer of such loss or damage within 28 days after the Event.
- All amounts payable by the Customer inclusive or exclusive of value added tax (VAT) as specified, unless specifically agreed otherwise by the Parties in writing. The amounts payable may, therefore, be subject to change should the VAT rate change before payment is made by the Customer.
- The Customer shall pay:
- the Deposit in accordance with Clause 3;
- The Charges as set out at Clause 2 of these Terms;
- each other invoice submitted by LDW for any other Charges due as set out at Clause 4(a) of these Terms.
- If LDW raises an invoice for the total Charges set out at Clause 6.6, all sums shall be payable by the Customer within 7 days of notification by LDW.
- If the Customer fails to make a payment due to LDW under the Contract by the due date, then, without limiting LDW’s remedies under Clause 1, LDW reserves the right to seek interest on the overdue at 4% over government base rate.
- All amounts due under the Contract shall be paid in full without any set-off, counterclaim or deduction.
7. Data protection
Each party shall comply and provide reasonable assistance to the other party to comply, with Data Protection Laws in connection with the performance of the Contract.
The Customer accepts and permits LDW to utilise its contact, Event and payment details to:
- Provide the Services; and
- Process payment of the
8. Limitation of liability
- References to liability in this Clause 8 include every kind of liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
- Nothing in the Contract limits:
- the Customer’s liability for payment of Charges properly due and owing to LDW; or
- any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to Clause 8.2, LDW’s total liability to the Customer shall not exceed 100% of the Charges paid or payable under the Contract.
- Subject to Clause 2, the Customer’s total liability to LDW for:
- loss of or damage to LDW’s equipment, tableware or Supplier Materials that is caused by the Customer’s default shall not exceed the cost value of such items plus LDW’s reasonable overhead costs in relation to the same; and
- all other loss or damage shall not exceed 100% of the Charges paid or payable under the
- The Customer must notify LDW that it intends to make a claim in respect of an event, from when the Customer is aware of the issue during and leading up to the event and not later than two weeks following the event, LDW shall have no liability for that The claim or complaint must be in writing and if not received within 2 weeks following the event then LDW will not accept liability.
9. Cancellation
- LDW may cancel the Contract with immediate effect by giving the Customer notice in writing if:
- the Customer fails to pay any amount due under Clause 6 on or before the due date for payment;
- the Customer commits a material breach of any term of the Contract ;
- the Customer fails to meet its payment obligations as set out in the booking agreement, in writing or contact.
- For the purposes of Clause 1(b), a material breach includes a breach of any of the obligations set out in clauses 5.1 and 5.2.
- The Customer may cancel the Contract by written notice to LDW at any
- The Customer acknowledges that LDW will have incurred time for event event planning and may need to hire equipment and labour in advance of the Event and that it may be unable to recoup these costs if the Customer cancels the If the Customer cancels the Contract under Clause 9.3 (other than for a Force Majeure Event), or in accordance with Clause 2.4 because the Booking Confirmatiion, the cancellation fee shall be:
Cancellation before the Event Date | Cancellation fee |
240 days or more before the Event Date | 50% of the Charges |
More than 90 days but less than 240 days before the Event Date |
75% of the Charges |
More than 30 days but less than 90 days before the Event Date. |
85% of the Charges |
30 days or less before the Event Date | 100% of the Charges |
10. Survival
- The completion or cancellation of the Contract for whatever reason shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.
11. General Force
- Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control (Force Majeure Event).
- In the event of a Force Majeure Event, either party shall be entitled to cancel the Contract by immediate written notice to the other If the Contract is cancelled, LDW shall be entitled to charge the Customer for preparation and administration costs incurred by LDW and any third party costs or expenses paid or committed to by LDW for the Event (together, the Supplier Costs) less any Charges (excluding deposit) paid by the Customer at the date of cancellation (Customer Payments).
11.2 Assignment and other dealings.
- Subject to Clause 11.2(b) and Clause 11.3 neither party shall assign, novate or transfer any or all of its rights and obligations under the Contract without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
- LDW may, on written notice to the Customer, assign, novate or transfer any or all of its rights and obligations under the Contract to a member of the Supplier Group or to any person to which it transfers its business or that part of its business to which the Contract Supplier Group means the LDW, any subsidiary or holding company of LDW, and any subsidiary of that holding company from time to time.
11.3 Confidentiality.
- Except for the provision of clauses 4.19 and 6, each party undertakes that it shall not at any time disclose to any person any confidential information (whether disclosed or made available to it in writing, orally or by any other means) concerning the business, assets, affairs, pricing, customers, suppliers, plans, products or know-how of the other party, except as permitted by Clause 11.4(b).
- Each party may disclose the other party’s confidential information:
- to its employees, officers, representatives, contractors, subcontractors or advisers who need to know that information for the purposes of carrying out the party’s obligations under the Contract (Representatives). Each party shall ensure that its Representatives to whom the other party’s confidential information is made available in connection with the Contract are informed of its confidential nature and comply with this Clause 11.4; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory
- Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under the Contract.
11.4 Entire agreement.
- The Contract constitutes the entire agreement between the
- Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
11.5 Announcements.
- LDW may use the Customer’s name/logo for the purposes of promoting its business including on LDW’s marketing channels..
- Subject to Clause 11.6(a) neither party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of the Contract, or the relationship between the parties, without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.
- Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing and agreed by both parties.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
11.8 Notices.
- Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
- delivered by hand or by pre-paid registered post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
- sent by email to info@lovedestinationwedding.com (or an address substituted in writing by the party to be served by the Customer who agreed the booking agreement and/or contract).
- This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
11.9 Third party rights.
- The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the
- The rights of the parties to rescind or vary the Contract are not subject to the consent of any other
- Governing The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.