Terms and Conditions
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply services to you.
1.2. Why you should read them. Please read these terms carefully before your submit you order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Minnehaha Events Limited a company registered in England and Wales. Our company registration number is 9799581 and our registered office is at Flatts Farm Coastal Road, Burniston, Scarborough, North Yorkshire, United Kingdom, YO13 0DB.
2.2. How to contact us. You can contact us by telephoning our consumer service team at 07710 608026 or by writing to us at firstname.lastname@example.org
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. Provisional bookings. We take provisional bookings without obligation and hold these for 14 days. If the order is not accepted then the booking will lapse (see Clause 3.2 and 3.3)
3.2. How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.3. Deposit. To confirm your booking you should complete the booking form, read and sign this document and return with an initial non-refundable deposit of £1,000. Confirmation will be sent by return (see Clause 3.2)
3.4. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
4. Your rights to make changes
4.1. If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1. Changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and OR
(b) to implement technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the services
6. Providing the services
6.1. When we will provide the services. We will supply the services to you from the date we accept your order. The completion date for the services is as told to you during the order process.
6.2. We are not responsible for effects outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect. Provided we do this we will not be liable for the effect caused by the event.
This includes cancellation by us for bad weather. Due to the nature of the services and the premises it is accepted by both parties that the booking may have to be cancelled at very short notice if a health and safety issue arises from adverse weather conditions. We accept no liable for the effect caused by this possible cancellation.
6.3. What will happen if you do not provide the required information to us. As we informed you in the description of the services in our brochure or on our website, we will need certain information from you so that we can provide the services to you, for example, number of guests. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4. Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
6.5. Your rights if we suspend any services. We will contact you in advance to tell you we will be suspending any services, unless the problem is urgent or an emergency. If we have to suspend the services we will adjust the price so that you do not pay for services while they are suspended.
6.6. We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.5).
6.7. We may also cancel the services if you do not pay. If you do not make any payment to us by the due date then your booking may be cancelled. All deposits are non-refundable and non-transferrable. We strongly advise that a suitable insurance policy is taken out by you.
7. Your rights to end the contract
7.1. You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but we may charge you reasonable compensation for the loss of business and net costs we will incur as a result of you ending the contract depending on the date on which you end the contract.
7.2. What happens if you have a good reason for ending the contract. If you are ending the contract because you have a legal right to do so for something we have done wrong the contract will end immediately and we will refund you in full for any services which have not been properly provided.
8. Our rights to end the contract
8.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service.
8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the loss of business and net costs we will incur as a result of you breaking the contract depending on the date on which we end the contract.
8.3. We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know as soon as reasonably possible in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
9. If there is a problem with the services
9.2. Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
9.3. Where to find the price for the services. The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.
9.4. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
9.5. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order.
9.6. When you must pay and how you must pay. You must make an advance payment of 50% of the price of the Services, before we start providing them and at least 14 months in advance of the agreed date of your wedding. The balance of the price of the services must be paid 7 months prior to your wedding. If you do not make any payment to us by the due date then your booking may be cancelled. All deposits are non-refundable and non-transferrable.
9.7. We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Royal Bank of Scotland from time to time. 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.
9.8. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10. Our responsibility for loss or damage suffered by you
10.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services [as summarised at clause 9.2
10.3. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1. How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
11.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Other important terms
12.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2. You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent.
12.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract,that will not mean that you do not have to do those things or prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
12.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
12.7. Conditions of booking.
(a) Minnehaha Events Limited do not allow food or drink other than that supplied by us on the premises – with the exception of wedding cake(s);
(b) Any third party service or supplier requested by you, e.g. ice-cream truck, food cart, must be pre-approved and will be subject to an additional fee;
(c) If any third party service or supplier requested by you requires further assistance from us following pre-approval, for example, electricity supply or a photo booth not fitting at the venue we will endeavour to accommodate this. However, the provision of any third party service is not subject to this contract and any such problems will be at your own risk.
(d) If you or your guests or third party suppliers cause damage to Minnehaha Event Limited property you shall pay an amount required to make good any such damage;
(e) Any entertainment, band or DJ must keep noise levels within our permitted boundaries. This is a maximum of 86-90 decibels. Any failure to comply with this will result in us preventing a continued breach;
(f) We do not accept responsibility for any loss of, or damage to any property belonging to or brought onto the premises by any third party or you. We strongly advise that suitable insurance policies are taken out by you;
(g) If, for any unforeseen reason, we are unable to operate our business or facilities on the day booked we accept no liability to provide or pay for alternative facilities on our premises or elsewhere. We strongly advise that suitable insurance policies are taken out by you;
(h) Cars parked on the premises are parked entirely at their owners’ risk and no liability is accepted by us for any loss or damage. All cars and other vehicles must be removed from the premises within 24 hours of the event.