Terms & Conditions
FOR SHARED PARTIES
TERMS AND CONDITIONS FOR SHARED PARTY EVENTS
These terms and conditions apply to all shared party 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 those who book Events with us.
Please ensure you read these terms and conditions carefully and check the details of your booking.
1. BOOKING TERMS
All published ticket 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.
A provisional booking will be held for 10 working days, within which time the booking details (including the name of the party organiser) and deposit must be received by us, or the provisional booking will be automatically released.
A booking will only be accepted and confirmed by us on receipt of the applicable deposit, as stated on the proforma invoice. Receipt of said deposit 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 deposit.
By paying the deposit you understand that you are contracted to the number of tickets booked, and confirm that the balance due for the number of tickets booked will be paid, irrespective of the final numbers of guests attending. Any reduction in the number of tickets will be subject to cancellation fees as outlined in clause 2.
If guest numbers should increase following the initial booking, we will try to accommodate additional guests added to the booking, but this will be subject to availability of extra tickets and at our discretion.
Any changes made to a confirmed booking by you or your guests may only be made with the permission of the party organiser.
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. We regret that we are unable to make any changes to your booking, menu choices or drinks pre-order on the day of the Event.
2. BOOKING CANCELLATION AND REFUNDS
Deposits are non-refundable and non-transferable in any circumstance.
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.
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.
Cancellation charges and refunds will be calculated as follows:
- 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
- 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
- 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
- If the booking is cancelled 14 days or less prior to your Event date no refund will be given
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. MENU AND DRINKS PRE-ORDERS, AND OTHER PARTY UPGRADES
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.
Menu choices, plus details of any special dietary requirements (including vegetarian) must be received no later than 10 days prior to your party date. If menu choices / special dietary requirements are not provided before this time, the set menu will be served. We cannot guarantee that changes to menu choices or special dietary requirements can be accommodated after this deadline, but will endeavour to accommodate any late menu requests where reasonably possible.
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 sole responsibility to check whether the guests have any allergies, to inform us if this is the case and to make alternative dietary arrangements.
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.
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.
When pre-ordering drinks, drink vouchers, drink packages, or any other party upgrade, full payment must be received at least two weeks prior to the Event. We will make every effort to accommodate any orders placed after this time, but cannot guarantee this will be possible.
Should you wish to order the unlimited drinks wristband, 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.
Unlimited drinks packages, drinks vouchers and spirit add-on voucher cannot be purchased at an Event.
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.
At an 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.
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.
You or your guests may not, under any circumstances, bring your own beverages to the Event.
It is against our licence to allow alcoholic beverages to be taken off the premises.
4. EVENTS OUTSIDE OUR CONTROL
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.
We will make all reasonable endeavours to honour commitments but reserve the right to amend or alter all or part of the Event package (as described on our website or in our Event brochure) to at least an equivalent standard.
While we have taken all reasonable steps to ensure that the information contained in our Event brochure, 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 Event brochure are for illustrative purposes only.
We reserve the right to refuse admission, and/or to remove from an Event, any person due to that person:
- 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.
- Bringing or using dangerous, illegal or hazardous items on the premises
- Bringing their own food or drinks to the premises without our prior permission
- Not adhering to the appropriate dress code for the Event, as published within the Event brochure and on party tickets.
- 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 5.
- We reserve the right to review these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements.
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.
6. GENERAL LIABILITY
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.
We do not accept any responsibility for loss or damage to any vehicles whilst on our premises.
7. OUR LIABILITY
We shall not be liable to you or any third party in:
- tort (including negligence and breach of statutory duty); or
- 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.
- 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.
- Nothing in this clause 7 excludes or limits our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.
- 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.
8. LEGAL MATTERS
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.
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.
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.
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.
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.
Dates and timings published are subject to licensing approval.
9. AGENCY TERMS & CONDITIONS
- In these terms and conditions (the “Terms and Conditions”), the following words shall have the following meanings:
- “Advised Price” means the per ticket price excluding VAT for the Party Package applicable to each Event, as outlined in Schedule 1 (or as amended from time to time with written notice by Smart);
- “Booking” means the booking for the Party Package
- “Booking Terms and Conditions” means the terms and conditions on which Smart sells Party Packages, the latest version of which is available at https://www.smartgroupltd.co.uk/christmas-parties/smart-christmas-terms-and-conditions;
- “Client” means the customer of the Agent’s for whom the Agent makes the Booking
- “Event” means the event to which the Party Package relates;
- “Imagery” means the images which Smart will provide to the Agent for the purpose of the Agent advertising the Party Packages to its Clients.
- “Party Package” means the Party Package to be sold to the Agent by Smart, including (but not limited to) a ticket to the relevant Event, entertainment and catering, as outlined in the Party Promotional Material relevant to each Event. A Party Package does not include beverages unless specified in the Party Promotional Material relevant to the Event, or explicitly specified in writing by Smart;
- “Party Promotional Material” means the information concerning the Party Packages as detailed in Smart’s marketing literature and/or on Smart¹s website;
- “Price” means the total price of the Party Package, as detailed on Smart’s invoice or as otherwise notified by Smart in writing, and shall be exclusive of value added tax and all other applicable taxes unless otherwise stated.
- “Smart” means Smart Christmas Parties, a trading name of Smart (Group) Ltd, of registered address Unit 10 Bermondsey Trading Estate, 235 Rotherhithe New Road, London SE16 3LL (registered company number 03683916)
- “Venue” means all areas of the location where the Party Package is to be staged, including (but limited to) the Event location
- The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
- Any reference in these Terms and Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
- BASIS OF SALE
- Smart agrees to permit the Agent to sell Smart’s Party Packages to its Clients, subject to availability of the Party Package at the time of placing the Booking.
- The Agent may only advertise and sell the Party Packages at the Advised Price. The Agent may not advertise an increased or discounted sales price of the Party Package, unless otherwise agreed by Smart.
- The Agent may not sell the Party Packages to other agents.
- For each Booking made by the Agent, the Agent accepts, and is liable under, the Booking Terms and Conditions.
- The Agent must provide a unique client reference at the time of making a Booking (whether that Booking be provisional or confirmed). Smart reserves the right not to accept a Booking if no reference is provided.
- Notwithstanding the provisions of clause 2 of the Bookings Terms and Conditions, Smart reserves the right to reduce the period of a provisional period should a particular Event be close to capacity. Any reduction in the provisional period will be notified to the Agent at the time the Agent makes the provisional Booking.
- The Agent will pay the Price for each Booking under the payment terms as specified in the Booking Terms and Conditions, unless otherwise agreed in writing by Smart.
- Smart does not accept payment directly from the Client’s unless otherwise agreed.
- When making payment, the Agent must ensure the following information is sent to [email protected], in particular where payments are made for multiple Bookings:
- Smart’s Booking reference
- The Agent’s client reference (as provided to Smart at the time of making the Booking)
- The relevant party date for each Booking
- The number of tickets being paid for in each Booking
- The Agent may increase the number of Party Packages within a Booking places, subject to availability at the time of making the request to increase. Any increase must made in writing and include:
- Smart’s Booking reference
- The Agent’s client reference (as provided to Smart at the time of making the Booking)
- The date of the relevant Event
- The number of additional Party Packages
- In the event of cancellation of all or part of the Booking, any refunds due (in accordance with clause 2.4 of the Booking Terms and Conditions) will be processed by Smart in January.
- MARKETING/ADVERTISING OF PARTY PACKAGES
- The Agent may not advertise any Party Package without prior written approval of Smart.
- The Agent may not brand the Party Packages under the Agent’s name.
- Any special offers marketed by Smart to its own direct customers are not available for the Agent to market to its Clients, unless expressly advised by Smart to the Agent in writing.
- The Agent may only use the Imagery provided by Smart in relation to the marketing of the Party Packages. Such Imagery should be presented within any guidelines as specified by Smart, which may be amended by Smart from time to time as notified to the Agent. Should Smart instruct the Agent to remove and/or cease using any Imagery, the Agent agrees to do so as soon as reasonably practicable.
- Smart reserves the right to approve the Agent’s marketing material relating to an Event prior to their release and/or circulation.
- All Imagery and content in or on the Smart’s website and brochures (including pictures, designs, logos and text), (“Content”), or otherwise is owned by or licensed to Smart. The Content is protected by copyright and other laws and the Agent shall not use nor procure the use of such Content other than as permitted by Smart in writing.
- Smart will pay to the Agent a percentage based commission based on the Price of the Party Package as outlined in Schedule 1.
- Should the Booking cancel, Smart Group will pay the commission due, calculated on a pro-rata basis on the total amount paid by the Agent (less any deposits paid), as due under clause 2.4 of the Booking Terms and Conditions.
- Any variation to the commission percentages outlined in Schedule 1 must be agreed in writing between the Agent and Smart.
- Any commission due to the Agent will be deducted from the balance invoice, unless otherwise agreed with Smart. No commission will be deducted from any deposit invoices.
- TERMINATION OF THIS AGREEMENT
- This Agreement shall automatically terminate on the date outlined in clause 2.
- In addition to and without prejudice to any other rights, Smart reserves the right to terminate this Agreement with immediate effect, or to cease the sale of Party Packages relating to a particular Event to the Agent, at any time if:
- the Agent is in breach of these Terms and Conditions; or
- any payment due from the Agent is overdue for a period of fourteen (14) days or more;
- the Agent gives notice to its creditors that the Agent has suspended or is about to suspend payment of its debts, or the Agent is deemed unable to pay the Agent’s debts within the meaning of Section 123 of the Insolvency Act 1986, or an application is made to court or an order is made or resolution passed for the Agent’s winding up or an administration order shall be made in respect of the Agent, or the Agent shall become insolvent or shall make any assignment for the benefit of creditors or have a receiver appointed of all or any part of the Hirer’s assets or take or suffer any similar action in consequence of debt.
- Either party may terminate this Agreement, for any reason or for no reason, with not less than 7 days prior written notice to the other party stating such party’s intention to terminate this Agreement.
- In the event that either party terminates this Agreement under this clause 6 the Agent will, as soon as is reasonably practicable:
- remove all references to any of Smart’s Party Packages from its website; and
- the Agent will cease all marketing activities relating to Smart’s Party Packages.
- In the event that Smart ceases selling Party Packages relating to a particular Event to the Agent under clause 2, on a temporary or permanent basis, the Agent will, as soon as is reasonably practicable:
- remove all references to the Event from its website, until such time as Smart may agree to the Agent recommencing sales of Party Packages for the relevant Event; and
- cease all marketing activities in relation to the Event until such time as Smart may agree to the Agent recommencing sales of Party Packages for the relevant Event;
- TABLE PLANNING
- Table names (for displaying on the table plan at the Event) must be provided for each Booking by the Agent prior to the Event.
- Smart regrets that it is unable to advise the Agent of their Client’s table numbers until the morning of the relevant Event.
- In the event that a Client requires specific table sizes, Smart will try to accommodate these requirements within reason, but regrets we are not able to guarantee specific table sizes.
- Should the Client wish to allocate a specific seating arrangement for their guests, the Client (on prior approval) will be permitted access to the tables during the drinks reception in order to put place names on the tables.
- DATA PRIVACY
- The parties acknowledge that for the purposes of data protection legislation and this Agreement, the Agent is the Data Controller and Smart is the Data Processor.
- The Agent hereby warrants, represents, and undertakes that any information from which a data subject can be identified (“Personal Data”) sent to Smart shall comply with the GDPR in all respects including, but not limited to, its collection, holding, and processing.
- Smart is only to process the Personal Data received from the Agent in relation to delivering the Party Package to the Client and their invited guests, and not for any other purpose.
- Smart may share the Personal Data received from the Agent (for example guest lists for security or special dietary requirements) with other members of its Group only for the purposes of delivering the Party Package and not for any other purpose.
- Smart will only retain the Personal Data for as long as is necessary in order for Smart to provide the Party Package to the Client and their invited guests and will securely delete/destroy such Personal Data after it is no longer required.
- The parties will, in relation to the Personal Data shared under the agreement:
- provide reasonable assistance as necessary to comply with the rights of data subjects and any data security obligations under applicable data protection laws;
- notify the other party without undue delay after becoming aware of any accidental, unlawful, or unauthorised destruction, loss, alteration, processing or disclosure of or access to any personal data; and
- inform the other party of any relevant notices or requests.
- Any vouchers or wristbands associated with pre-orders made by the Agent will be sent to the Agent (upon receipt of full payment) for sending to their Client, unless agreed otherwise.
- No vouchers or wristbands will be available for collection at any Event by the Client, unless otherwise agreed.
- On request by Smart the Agent agrees to send out a customer survey (for example, via unique email links) to its Clients to allow Smart to monitor customer satisfaction and performance against reasonable metrics determined by Smart. Smart are not entitled to receive any data as part of this process that may allow them to identify or communicate with the Client.
- The Agent may not assign, transfer, charge or subcontract or purport to assign, transfer, charge or sub-contract this Agreement or any of the Agent’s rights, liabilities or obligations under this agreement, to any company, subsidiary or affiliate, without Smart’s prior written consent.
- Smart reserves the right to review these Terms and Conditions from time to time to reflect changes in relevant laws, regulatory requirements or its contractual obligations to a Venue. You will be notified in due time of such changes and be deemed to have accepted any such changes if the Seller does receive a written objection from you within 2 weeks of receipt of the revised Terms and Conditions.
- Any amendment to this Agreement shall be in writing, signed by the parties and expressed to be for the purpose of such amendment.
- The Agent must ensure all information relating to this Agreement is kept confidential between the Agent and Smart. In the event that the Agent is requested to provide any information relating to this Agreement to a third party, prior written authority must be obtained from Smart.
OFFERS AND COMPETITIONS TERMS AND CONDITIONS
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.
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.