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Terms & Conditions


FOR SHARED PARTIES AND PARTY IN A BOX

TERMS AND CONDITIONS FOR SHARED PARTY EVENTS AND PARTY IN A BOX

These terms and conditions apply to all shared party events and virtual party in a box events (“Event”) hosted by Smart Christmas Parties, a trading name of Smart (Group) Limited (Company No: 03683916) (“we”, “us” or “our”).

Any references to “you”, “your” or “party organiser” shall be taken as references to the company or individual who books the Event with us.

Please ensure you read these terms and conditions carefully and check the details of your booking.

THE DETAILS

1. BOOKING TERMS

1.1. All published prices are shown both exclusive and inclusive of VAT. Any price shown to be inclusive of VAT is calculated at the rate of 20% and is subject to change should the prevailing VAT rate change.

1.2. A provisional booking for an Event will be held for 10 days (including weekends), within which time the booking details (including the name of the party organiser) and deposit (or full payment as advised) must be received by us, or the provisional booking will be automatically released.

1.3. A booking will only be accepted and confirmed by us on receipt of the applicable payment, as stated on the proforma invoice. Receipt of payment by us constitutes acceptance of your booking. These terms and conditions will become binding on you and us upon our confirmation of receipt of your payment.

1.4. A booking will consist of an agreed number of tickets. One ticket will admit one guest to a shared party event or equates to one box for a virtual party in a box event.

1.5. By making the payment you understand that you are contracted to the number of tickets booked for the Event, and confirm that the balance due for the number of tickets booked will be paid, irrespective of the final numbers of guests attending/boxes required. Any reduction in the number of tickets will be subject to cancellation fees as outlined in clause 2.

1.6. If the number of tickets required should increase following the initial booking, we will try to accommodate additional ticket requests, but this will be subject to availability and at our discretion.

1.7. Any changes made to a confirmed booking may only be made with the permission of the party organiser.

1.8. The cut-off time for making any changes to your booking, including the number of tickets, menu choices, drinks pre-orders or orders for party upgrades, is as follows:

1.8.1. For shared party events: 5pm the day before the Event

1.8.2. For virtual party in a box events: 10 days (including weekends) prior to the Event.

1.9. The final balance must be received by us at least 8 weeks prior to the Event. Non-payment of the final balance by the date due may result in cancellation of the booking, the forfeiture of any deposit paid and cancellation charges in accordance with clause 2.

2. BOOKING CANCELLATION AND REFUNDS

2.1. Any deposits paid are non-refundable and non-transferable in any circumstance.

2.2. Cancellations of all or part of the booking can only be made by the party organiser and must be made in writing, either by email or post. We cannot accept cancellations over the telephone.

2.3. Any full or partial cancellations made within 56 days are liable for 100% cancellation charges regardless of whether we are in receipt of funds or not.

2.4. Cancellation charges and refunds will be calculated as follows:

2.4.1. for shared party events:

2.4.1.1. If the booking is cancelled more than 56 days prior to your Event date, we will refund 100% of the ticket price, less the deposit

2.4.1.2. If the booking is cancelled more than 28 days but less than 56 days prior to your Event date we will refund 75% of the ticket price, less the deposit

2.4.1.3. If the booking is cancelled more than 14 days but less than 28 days prior to your Event date we will refund 50% of the ticket price, less the deposit

2.4.1.4. If the booking is cancelled 14 days or less prior to your Event date no refund will be given

2.4.2. for virtual party in a box events:

2.4.2.1. If the booking is cancelled more than 30 days prior to your Event date, we will refund 40% of all monies paid

2.4.2.2. If the booking is cancelled 30 days or less prior to your Event date no refund will be given

2.5. For shared party events, we may cancel a booking, or alternatively arrange for the booking to be transferred to another Event, if we deem that the date of the Event booked is no longer viable. In the event that the booking cannot be transferred to another Event, we will refund all payments made in relation to the booking.

3. MENUS

3.1. For shared party events there is a set menu for each Event, with a vegetarian option also advertised. An alternative special dietary menu for all other dietary requirements is available upon request. A surcharge may apply for kosher meals as these have to be purchased from an external supplier.

3.2. For virtual party in a box events there is a set menu for each package option, with alternative menu options for special dietaries available upon request.

3.3. The cut-off time for submitting menu choices, including details of any special dietary requirements (including vegetarian) is as follows:

3.3.1. For shared party events: no later than 10 days prior to the Event.

3.3.2. For virtual party in a box events: no later than 10 days prior to the Event.
If menu choices / special dietary requirements are not provided before the cut-off time specified above, the set menu will be served. We cannot guarantee that changes to menu choices or special dietary requirements can be accommodated after this cut-off time, but will endeavour to accommodate any late requests where reasonably possible.

3.4. Subject to clause 8 (Data Protection) the party organiser is responsible for informing us of any specific dietary requirements (including vegetarian) or allergies. Any and all of the products on the set menu may contain nut derivatives and other allergic reaction causing products. We therefore accept no responsibility whatsoever for any and all allergic reactions howsoever caused. It is the party organiser’s responsibility to check whether the guests have any allergies, to inform us if this is the case and to make alternative dietary arrangements.

3.5. We reserve the right to make changes to the advertised menu in the event of shortages in the supply of particular items, and will endeavour to ensure any substitutions are to an equivalent standard or better.

4. DRINKS PRE-ORDERS, AND OTHER PARTY UPGRADES

4.1. All drink and upgrade prices are shown inclusive of VAT which is calculated at the rate of 20%, and are subject to change should the VAT rate change.

4.2. The cut-off time for submitting drinks choices, upgrades and any other party upgrades is as follows:

4.2.1. For shared party events: no later than 10 days prior to the Event.

4.2.2. For virtual party in a box events: no later than 10 days prior to the Event.
We will make every effort to accommodate any orders placed after this time, but cannot guarantee this will be possible.

4.3. Full payment for drinks pre-orders or any other party upgrade must be received by the cut off date shown above. We reserve the right not to serve any pre-ordered beverages or party upgrades if full payment has not been received prior to the Event.

4.4. Should you wish to order the unlimited drinks wristband (not available for selected shared party or virtual party in a box events), these must be purchased for all guests in your booking. Our spirit add-on voucher can only be bought in conjunction with the unlimited drinks wristband, but the spirit add-on voucher does not need to be purchased for the entire party booking.

4.5. Unlimited drinks packages, drinks vouchers and spirit add-on voucher cannot be purchased at an Event.

4.6. Any drinks vouchers purchased are non-refundable after the Event, cannot be exchanged for cash at the Event, and are only valid for the year as stated on the drinks voucher.

4.7. At a shared party event, should you have any queries or issues regarding your drinks pre-order, this must be brought to the attention of a member of our staff at the Event, as any issues not raised on the evening cannot be dealt with after the Event. We advise you take your beverage invoice as proof of purchase on the evening.

5. EVENTS OUTSIDE OUR CONTROL

5.1. We will not be liable or responsible nor accept any liability for any failure to perform, or delay in performance of, any of our obligations under this agreement if such failure or delay is caused by an act or event beyond our reasonable control including but not limited to civil war, riot, revolution, act(s) of terrorism, sabotage, storm, earthquake, flood, fire, explosion, lockouts, power failure, industrial disputes or strikes, act(s) of government or local authority, loss of liquor licence, adverse weather conditions or by any other cause not within our reasonable control.

6. SPECIFIC TERMS FOR PARTY IN A BOX EVENTS

6.1. Our Party In A Box contains alcohol as standard, with soft drink alternatives available. We operate a strict alcohol policy and will not send alcohol to anyone under the age of 18. It is your responsibility to confirm that each person receiving alcohol is over the age of 18 and to notify us of any person that is under the age of 18.

6.2. Subject to clause 8 (Data Protection), in order to facilitate the delivery of each Party in a Box we will require the party organiser to provide the name, delivery addresses and contact phone number for each person who will receive a Party in a Box.

7. SPECIFIC TERMS FOR SHARED PARTY EVENTS

7.1. We reserve the right to refuse admission, and/or to remove from an Event, any person due to that person:

7.1.1. acting in an improper or disorderly manner or whose condition in the opinion of our staff interferes, or is likely to interfere with, the enjoyment of the function by other participants.

7.1.2. bringing or using dangerous, illegal or hazardous items on the premises

7.1.3. bringing their own food or drinks to the premises without our prior permission

7.1.4. not adhering to the appropriate dress code for the Event, as published within the event brochure and on party tickets.

7.2. We will not accept any responsibility, or be held liable, for anyone prevented from entering the Event, or asked to leave the Event, due to conduct detailed in this clause 7.

7.3. We operate a strict alcohol policy and will not serve alcohol to anyone under the age of 18. We reserve the right to request to see an official form of identification for anyone we believe to be under the age of 18. If no identification is provided, we reserve the right to remove said person from the premises if we believe they are consuming alcohol.

7.4. You or your guests may not, under any circumstances, bring your own beverages to a shared party event.

7.5. All guests attending the Event, and any organisation said guest may be attending with, will be liable for any loss or damage to our property (including items hired by us) or injury to any person (including our staff) arising from their conduct at an Event, and once these terms and conditions become binding pursuant to clause 1, you shall indemnify us against any such loss or liability.

7.6. We do not accept any responsibility for loss or damage to any vehicles whilst on our premises.

8. DATA PROTECTION

8.1. Both parties will comply with all applicable requirements of the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) (the “Data Protection Legislation”)

8.2. The parties acknowledge that for the purposes of the Data Protection Legislation, you are the Controller and we are the Processor.

8.3. You expressly consent to and authorise the appointment by us of a third party as a sub processor (including but not limited to our group companies) solely for the purposes of fulfilling our obligations under this agreement.

8.4. You will ensure that you have all the necessary appropriate consents in place to enable lawful transfer of the Personal Data (including special category Personal Data such as dietary requirements arising from health conditions or religious beliefs) to us for the duration and purposes of this agreement and warrant that you are entitled to transfer and we are entitled to process all Personal Data in accordance with Data Protection Legislation.

8.5. The processing by us shall be as follows:

8.5.1. Subject matter, nature and purpose of processing: we shall process Personal Data as necessary to perform our obligations under this agreement.

8.5.2. Duration: for the term of this agreement, unless otherwise agreed in writing.

8.5.3. Types of Personal Data: information including but not limited to name, employing company, special category Personal Data in relation to special dietary requirements, phone number (virtual party in a box events only), delivery address (virtual party in a box events only)

8.5.4. Categories of data subjects: you may submit Personal Data as required for the fulfilment of our obligations under this agreement, which may include but not be limited to data subjects including your employees and/or your individual guests.

9. MISCELLANEOUS

9.1. We will make all reasonable endeavours to honour commitments, but reserve the right to amend or alter all or part of the advertised package (as described on our website or in our event brochure) to at least an equivalent standard.

9.2. While we have taken all reasonable steps to ensure that the information contained in our event brochures, on our website and within all advertisements is accurate, we reserve the right, without accepting any liability, to amend or alter all or part of the package in the event of an error or omission. The images of the events contained in our promotional material are for illustrative purposes only.

9.3. We reserve the right to review these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements.

9.4. If you wish to contact us in writing, make any complaints, or if any clause in these terms and conditions requires you to give us notice in writing you can send this to us by e-mail, by hand, or by pre-paid post to Smart (Group) Limited, Unit 10 Bermondsey Trading Estate, 235 Rotherhithe New Road, London SE16 3LL or alternatively at [email protected] We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us when you make the booking for the Event.

10. OUR LIABILITY

10.1. We shall not be liable to you or any third party in:

10.1.1. contract;

10.1.2. tort (including negligence and breach of statutory duty); or

10.1.3. otherwise for (i) economic loss of any kind whatsoever, (ii) loss of profit, (iii) loss of business contracts, (iv) loss of revenues or anticipated profit, (v) loss of savings, (vi) damage to reputation or goodwill, (vii) special loss, (viii) indirect, incidental or exemplary loss, (ix) consequential loss or damage, or (x) unforeseeable loss.

10.2. We shall not be liable to you or any third party for any loss to the extent that loss is caused wholly or partly by breach of any of these terms and conditions by you including any breach caused by a third party.

10.3. Nothing in this clause 8 excludes or limits our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.

10.4. Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the Events. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.

11. LEGAL MATTERS

11.1. We may transfer our rights and obligations under these terms and conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.

11.2. This contract is between you and us, no other person shall have the right to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.3. Each of the paragraphs of these terms and conditions 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.

11.4. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.5. These terms and conditions and any contract between you and us are governed by English Law and shall be governed and interpreted in accordance with the law of England and Wales. In the unlikely event of a dispute (including non-contractual disputes and claims), the parties shall submit to the exclusive jurisdiction of the courts of England and Wales.

11.6. Dates and timings published are subject to licensing approval.

OFFERS AND COMPETITIONS TERMS AND CONDITIONS

50DAYS: 10% OFF PARTY IN A BOX

  • This offer is valid on new bookings for Party In A Box / Smart Virtual Party after 9AM on Tuesday 27th October 2020 and before Thursday 5th November at 5PM.
  • The party organiser must quote ‘50DAYS’ at the time of making a booking in order to qualify for this offer. We regret we are not able to apply this offer retrospectively after a booking has been confirmed.
  • The discount is 10% off all individual boxes and does not apply to upgrades.
  • This offer is not available to Agents.
  • This offer is non-negotiable, non-transferable and non-refundable. This discount can only be claimed once, cannot be combined with any other offers or discounts and we reserve the right to withdraw the offer at any time.
  • This offer is only valid for Christmas 2020.
  • All bookings are subject to our standard Terms & Conditions.

EB2020: 10% OFF PARTY IN A BOX

  • This offer is valid on new bookings for Party In A Box / Smart Virtual Party after 9AM on Monday 26th October 2020 and before Friday 5PM 13th November.
  • The party organiser must quote ‘EB2020’ at the time of making a booking in order to qualify for this offer. We regret we are not able to apply this offer retrospectively after a booking has been confirmed.
  • The discount is 10% off all individual boxes and does not apply to upgrades.
  • This offer is not available to Agents.
  • This offer is non-negotiable, non-transferable and non-refundable. This discount can only be claimed once, cannot be combined with any other offers or discounts and we reserve the right to withdraw the offer at any time.
  • This offer is only valid for Christmas 2020.
  • All bookings are subject to our standard Terms & Conditions.

RETOX10, LOYAL10, CLUB10: 10% OFF YOUR PARTY

  • This offer is valid on new bookings for tickets to a shared Christmas Party at Evolution London, Magazine London, Finsbury Square, Willow’s Activity Farm or Cutty Sark confirmed (deposit paid) after 5pm on Thursday 6th February 2020 and before 11.59pm on Saturday 29th February 2020. It does not apply to any bookings confirmed, or additional tickets added to a booking, after this date.
  • The party organiser must quote ‘RETOX10’, ‘LOYAL10’ or ‘CLUB10’ at the time of making a provisional booking in order to qualify for this offer. We regret we are not able to apply this offer retrospectively after a booking has been confirmed.
  • The discount is 10% of ticket price.
  • The offer guarantees priority seating for you and your party.
  • This offer is non-negotiable, non-transferable and non-refundable. This discount can only be claimed once, cannot be combined with any other offers or discounts and we reserve the right to withdraw the offer at any time.
  • This offer is only valid for Christmas 2020.
  • All bookings are subject to our standard Terms & Conditions for Shared Christmas Parties.

BUBBLY10: BOTTLE OF BUBBLY FOR EVERY TABLE BOOKED AT CUTTY SARK

  • This offer is valid on new bookings for tickets to a 2020 Christmas Party confirmed (deposit paid) at Cutty Sark Greenwich after 5pm on 10th Feb 2020. It does not apply to any bookings confirmed, or additional tickets added to a booking, before this date.
  • The party organiser must quote “BUBBLY19” at the time of making a provisional booking in order to qualify for this offer. We regret we are not able to apply this offer retrospectively after a booking has been confirmed.
  • This offer will expire at 11.59pm 29th February 2020.
  • A minimum of 10 tickets applies to make a booking under this offer.
  • This offer includes 1 free bottle of bubbly per table of 10 booked under this offer.
  • This offer is subject to availability, non-negotiable, non-transferable and non-refundable. This offer cannot be combined with any other offers or discounts.
  • All bookings are subject to our standard Terms & Conditions for Shared Christmas Parties.
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