SWALLOW BARN WEDDINGS - CUSTOMER TERMS AND CONDITIONS

1.    Application
All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.

Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.

In the event of conflict between these terms and conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.


2.    Definitions and Interpretation
In these Conditions:-
“Customer” means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which makes a Booking with the Company
“Company” means Swallow Barn Weddings, Masson Farm
“Confirmation” means the notification made by the Customer that they wish the event to proceed. This notification is subject to these terms and conditions
“Quotation” means any written Quotation submitted by the Company to the Customer
“Event” means the event or events the subject of the Quotation or Booking.
     
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.  The headings in these Conditions are for convenience only and shall not affect their interpretation.

3.    Basis of the Supply of Wedding Event Management Services
The Company shall throughout the continuance of this Agreement provide a Wedding Event Provision and Management Service to the Customer. The Company will use reasonable care and skill in fulfilling its obligations to the Customer. The Customer will comply with the Company rules and requirements such as laid down in these terms and conditions and accepted in Confirmation documentation.

4.    Price, Booking and Payment
All prices stated by the Company in a Quotation, unless specially stated otherwise, are exclusive of VAT which, where applicable, will be separately charged at the appropriate rate. Charges for civil ceremonies alone will be based on numbers and services provided within a sliding scale based on capacity; i.e. up to 20 people, up to 95 people, up to 200 people.

Provisional bookings may be made by telephone and will be held for up to two weeks.  After this time, the booking must be confirmed in writing. Deposits are non-refundable and non-transferable. Should there be other interest during the two weeks, the hirer will be contacted.

a)    The Customer shall pay to the Company a deposit of 20% (or such other amount as the Company may prescribe for a specific Customer or event) of the total price payable plus VAT thereon where applicable, at the time of making a Confirmation  The Confirmation will only be considered as accepted by the Company once the deposit has been paid. Once a booking has been made it will be confirmed in writing and arrangements confirmed with agreed suppliers.  The booking is accepted as per the terms of your original quotation and a maximum of 10% reduction in numbers is allowed to this quotation.  

b)    The final payment will be required 30 days prior to the date of the wedding.  This will be the estimated total cost of the event less the deposits pre-paid.  The final payment will also include a refundable £500 deposit against any damage that may occur during the event.  The estimate will include any increase in numbers and additional services not included in the original quotation.  All payments should be made by cheque or bank transfer where agreed.  Any items stated in the Quotation as "additional" items, out of pocket expenses, disbursements, or any items requested by the Customer after the Confirmation has been accepted by the Company must be confirmed by the Customer in writing before being actioned by the Company.  Any such items will be invoiced by the Company to the Customer at the discretion of the Company and payment therefore shall be due within 3 days of the date of the invoice relating thereto.

c)    The time of such payment shall be of the essence of these terms and conditions.  If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 10 per cent and the base rate of National Westminster Bank.  Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement. No services will be provided or information or other final details with respect to the arrangements relating to any Confirmation will be forwarded to the Customer until payment has been received in full


5.    Variation & Amendments
If the Customer wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible.  The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Customer. If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Customer forthwith.  The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original as is reasonably possible in the circumstances. The Company reserves the right to do the following:

a)    amend any accidental error or omission in a Quotation;

b)    amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company; and

c)    vary its schedule of charges from time to time.



6.    Sub-Contracting
The Company may sub-contract the performance of any of its obligations under this Agreement with the written agreement of the Customer.  Only those sub-contractors on the Company’s approved list will be used.  Where Customers wish to use sub-contractors known to them but not on the approved list the Company welcomes applications and will add them to the list if the meet the prescribed performance criteria.  Where the Company sub-contracts the performance of any of its obligation under this Agreement to any person, the Company shall not be responsible for the acts or omissions.


7.    Cancellations
If the Customer wishes to cancel the event he/she may do so at any time by written notice to the Company provided that:-

a)    In no circumstance will the deposit be returnable.

b)    If the cancellation notice is received by the Company less than 6 months before the first day of the Event, the sum of £5000 shall become immediately due and payable to the extent that the same has not already been received by the Company.

c)    If the cancellation notice is received by the Company less than 2 months before the first day of the Event, the balance of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.

d)    Any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Customer on demand.

The Company may cancel forthwith any Confirmation at any time if:

e)    the Customer is in breach of any of its obligations hereunder; or

f)    The Customer has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or

g)    the Customer has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or

h)    The Customer ceases or threatens to cease to carry on business; or

i)    any circumstances whatsoever beyond the reasonable control of the Company necessitate the cancellation for whatever reason of the Event.



8.    Liability & Indemnity
The hirer and their guests use the Company premises at their own risk and shall bear the entire risk of all or any of the following:

a)     Liability and claims for personal injury and death not caused by negligence of the Company

b)    Damage, destruction, theft or loss in relation to the premises and the property of the hirer and his/her guests, delegates or representatives, whether or not the property was in the custody of the Company

c)    Cancellation, except as otherwise provided in these conditions.

d)    Complaints or claims of any nature in relation to the premises and facilities.

e)     All loss or damage by or to any equipment or chattel brought onto the premises by the hirer and his/her guests, delegates or representatives.

f)     Consequential losses whatsoever.

g)    The Company reserves the right to amend these terms and conditions giving 14 days written notification

If the Company breaches the agreement by not using reasonable care and skill and this breach can be remedied the Company will remedy it at no extra cost to the Customer. If the breach cannot be remedied the Company will refund the Customer any money paid.

The Customer will comply with all requirements set out by the Company and shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment or property (including that of third parties) caused by the Customer or their invited guests

Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them.  All obligations on the part of such a Customer shall be joint and several obligations of such persons.
 

9.    Force Majeure
Neither the Company nor the Customer shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control.  Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-

10.    Other Terms   
The Hirer acknowledges that the event may be brought to an immediate end, after consultation with the hirer and without refund, if there is abuse of the premises or the facilities which it is felt cannot be prevented or remedied in any other way.  The decision of Swallow Barn Weddings Masson Farm is final.

No vehicles except those belonging to suppliers are allowed to use the private road to the venue or to park at the venue under any circumstances. The use of the premises and facilities is restricted to the specific facilities, dates and times specified in the confirmation letter.

The hirer/s are responsible for all Health and Safety aspects of their event.  The Company will undertake a risk assessment in advance and give the customer the opportunity to raise any issues of risk they wish to be addressed.  They must also comply with all Health and Safety regulations and guidance displayed at or in relation to the premises or facilities.  The hirer must take all reasonable care to safeguard and protect premises from loss or damage.

No food or drink may be brought onto the premises without prior, written consent of the Company. Where wine is not supplied by the Company, the Company will charge corkage in respect of wine consumed at Events at which its services are provided in accordance with the Company's price schedule.

The Company does not undertake to maintain any insurance except that required by law.  The hirer must inform of all material matters of which its insurers should be informed in relation to the intended use of the premises or facilities.

Final numbers must be confirmed at least 30 days prior to the function and these will be the numbers catered for.  Numbers and names of vegetarians or those with any other special dietary requirements should also be notified at this time at the latest.


11.    Waiver
No waiver by the Company of any breach of these terms and conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.

No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.


12.    Severance
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.


13.    Copyright
The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities.  The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

14.    Applicable Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts.

         

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