Booking Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
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 Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretation
In these Conditions:-
|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
|means MYCHEEKYBUTLERMarbella.com Trading as part of Jeeves Media Group.
|means the notification made by the Client that they wish the event to proceed. This notification is subject to these terms and conditions and
|means any written Quotation submitted by the Company to the Client
|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 statuteor 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 Event Butler Services
The Company shall throughout the continuance of this Agreement provide Event Butler Services to the Client. This includes meeting and greeting your guests, serving food and drinks, posing for photos with your guests and helping you host your event to the best of their ability.
a) The Company will always try to provide a butler who matches any requests, the selection of a butler for your event remains the sole discretion of The Company. You will not be entitled to any refund or reduction if we are unable to provide a butler matching any preferences specified by you.
The Company will always use reasonable care and skill in fulfilling its obligations to the Client.
All prices stated by the Company in a Quotation, unless specially stated otherwise,are inclusive of VAT.
The Client shall pay to the Company a deposit of 50 Percent (or such other amount as the Company may prescribe for a specific client or event) of the total price payable, at the time of making a Confirmation (less any preliminary payment already paid in respect of that matter, if appropriate).
The Confirmation will only be considered as accepted by the Company once the deposit has been paid. The balance of the total price payable shall be paid to the Company not later than 7 days prior to the Event.
All Confirmations made within 7 days of the first day of the Event must be paid in full at the time of the Confirmation.
Any items stated in the Quotation as “additional” items, out of pocket expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being actioned by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefore shall be due within 5 days of the date of the invoice relating thereto.
The Client shall pay to the Company (including invoices for “additional” items) any amounts due and owing within 5 days of the date of the Company’s invoice.
6. Variation & Amendments
If the Client 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 Client.
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 Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client 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) amendany 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.
7. Sub-Contracting and Risk
Butlers are supplied on a Self-Employed basis and are not MyCheekyButlerMarbella employees.
a) In the unlikely circumstance that the butler booked for you fails to arrive at your Event, we will refund your payments made to us in full but The Company will not be liable to you for any claims.
b) In the event the butler arrives late at a booking, the butler will work the extra time as to cover the period of lateness. If this is not possible then The Company will provide a refund of any time already paid for but not worked. We shall have no further liability for any claims made by you.
c) The Company will not be liable in any manor whatsoever for the loss or damage to any property belonging to the client during the provision of butler services.
If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:-
a) In no circumstance will the deposit be returnable if less than 14 days before the event.
b) If the cancellation notice is received by the Company not less than 1 months before the first day of the Event, 25 percent 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.
c) If the cancellation notice is received by the Company less than 7 days 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 Client on demand.
The Company may cancel forthwith any Confirmation at any time if:
e) the Client is in breach of any of its obligations here under; or
f) In the unlikely event that we have to cancel a booking at any time after Confirmation of a booking, we will refund any payments made to us in full but we will have no further liability to you for any claims.
g) the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act1986; or
h) the Client ceases or threatens to cease to carry on business; or
i) any circumstances whatsoever beyond the reasonable control of the Company.
In the event of cancellation under clause 8.b the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
9. Liability and Exclusions
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 Client. If the breach cannot be remedied the Company will refund the Client any money paid.
Where an Event is cancelled or terminated then the following provisions shall apply; either
a) where such cancellation or termination occurs due to the Client’s breach of it’s obligations the Company shall be entitled to retain from any sums hither to received from the Client or which may still be due from the Client to the Company here under such costs, expenses and disbursements which it has incurred or for which it shall or may be liable inconnection with the Event and such contribution to the Company’s overhead asshall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject todeduction of costs incurred in connection there with reimburse any sums so recovered to the clients; or
b) where such cancellation or termination occurs due to reasons which are within the Company’s reasonable control the Company shall refund to the Client any deposit received.
C) The Company does not accept liability for any damages for inconvenience or disappointment.
d) The Company except no liability for any embarrassment or offence caused to you or any of your guests at the Event by the nature of our butlers uniform.
The Client shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss ordamage to any equipment (including that of third parties) caused by the Client,or its agent or employees.
Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons andeach or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
10. Force Majeure
Neither the Company nor the Client shall beliable to the other or be deemed to be in breach of the Contract by reason o fany delay in performing, or any failure to perform, any of its obligations inrelation 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:-
act of God, explosion, flood, tempest, fire oraccident;
war or threat of war, sabotage, insurrection,civil disturbance or requisition;
acts, restrictions, regulations, bye-laws,prohibitions or measures of any kind on the part of any governmental,parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs, or other industrial actionsor trade disputes (whether involving employees of either the Company or the Client or of a third party);
difficulties in obtaining raw materials, labour,fuel, part or machinery;
power failure or breakdown in machinery.
No waiver by the Company of any breach of these terms and conditions by the Client 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 andthen only in the instance and for the purpose for which it is given.
No failure or delay on the part of any party inexercising any right, power or privilege under this agreement shall operate asa 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 exerciseof any other right, power or privilege.
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 inquestion shall not be affected thereby.
Photographs of butlers at Events
Any photos taken at the Event and sent into The Company by you or your guests allows The Company to use these photos on our website and or include these photographs in our marketing materials. If you have not taken the photographs yourself, you agree that you have the agreement of the person who took the photographs for such use.
The Company reserves all copyright and any other rights (if any) which may subsistin 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 restrainor prevent infringement of such copyright.
14. Applicable Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with Englishand Welsh law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts.
Marbella's original & best Cheeky Butler service!
My Cheeky Butler cover the whole of Marbella through to Gibraltar! So if you are having a Hen Party in Marbs this year and want to treat your friends to one of our Hunky Butlers, fill out our online booking form and relax knowing you are booking with a trusted UK company that has been tradng for over 10 years!