The Astonishing Singers – Terms and Conditions
The “Terms”), together with any and all other documents referred to herein, set out the terms that apply to every booking taken by us. The terms and conditions apply to both parties. Please read these Terms carefully and ensure that you understand them before making any booking via the website, telephone or email with us. You will be required to accept these Terms when making any booking.
1.1. Definitions. In these Terms, the following definitions apply: Bookings: the booking of Performers for weddings, events and functions made available via our Website, telephone, email of associated agents. Charges: the charges payable by the Customer for Bookings purchased. Customer: the person(s) or client who makes a booking. Performers: The individuals who will attend and perform for the event. Services: services supplied by the Performer to the Customer in accordance with the Booking. Website: The website https://astonishingsingers.com
- How these Terms apply
2.1. By using the Website and making a Booking you are agreeing to comply with and be bound by these Terms. If you do not agree to be bound by these Terms you must not make a Booking.
2.2. We will take reasonable steps to make you aware in the event that any Terms change. You agree to be bound by the version of these Terms displayed on the Website at the time of booking.
3.1. Bookings can be made via our enquiry form or by email or phone. Bookings can be made 24 hours a day 7 days a week.
3.2. Upon booking a 10% deposit is required to secure the date. If the booking is completed directly and not through 3rd party agents the deposit should be made by bank transfer to the bank account specified in the initial invoice sent.
3.3. We will only ask for a deposit once the date has been confirmed and performers confirmed availability. Once deposit is paid this is non-refundable
3.4 For all bookings food is to be provided for the performers at the Venue by the customer.
- Charges and Payment
4.1. Charges in relation to the booking are dependant on location, venue size, performers required, length of performance and any special arrangements agreed upon during the quoting phase. Performers reserve the right to reject the booking if there are known issues with the venue such as sound limiters and/or traffic management issues for loading in equipment. In this instance we will notify you and will issue a full refund of any deposit paid.
4.2. We require customers to pay a non-refundable deposit when booking The Astonishing Singers
4.3. Payments shall be made to the bank account nominated in any invoice provided.
4.4. The final balance must be paid at least 1 week before the event.
4.5. In the event that full payment has not been made as in accordance with the terms set out and unless other payment terms have been agreed, we reserve the right to cancel the booking. In the event of cancellation due to a failure to pay, the Astonishing Singers will not perform at the event.
5.2. Start times are based on The Astonishing Singers having access to the performance area before the contracted start time. If the event is running behind schedule the Astonishing Singers reserve the right to perform within 60 minutes of the agreed start time.
5.3. Should the Customer choose to change the venue or date of their event The Astonishing Singers will try to accommodate. If the venue or date change requires a further distance of travel or change of performers a new quote will be provided and any difference in value will be due, a new invoice will be drawn up and will become the defacto new bill. However, if the we are unable to accommodate with a performer being unavailable on the new proposed date or the venue is not suitable the booking will be cancelled, the deposit is non-refundable, and the cancellation terms will apply.
5.4. In the event that a performer is unable to perform for reasons including illness or injury, The Astonishing Singers reserve the right to substitute themselves with another performer who can perform to similar high standard. We will make all reasonable attempts to provide a suitable replacement. A change in performer does not constitute a change to your booking as such any fees paid will be non-refundable. Should a suitable replacement not be found, The Astonishing Singers agree to refund any deposit and further charges paid in relation to the performance by the Customer.
6.1. The Customer reserves the right to cancel a Booking. Cancellation fees a Customer will incur in this event are as follows:
6.1.1. 100% of the remaining balance payable if cancellation occurs within 30 days of the event date;
6.1.2. 50% of the remaining balance if cancellation occurs within 31-90 days from the event date;
6.2. A day is considered as 24 hours running from one 12am to the next. For the avoidance of doubt, the day notice of cancellation is received will be regarded as the first day of the period, the day of the event will be the last day of the period.
6.3. Cancellation will only be deemed received upon receipt of email to [email protected].
6.4. All cancellation fees must be paid within 7 days of cancelling the event. Fees are to be made payable via bank transfer.
6.5. In the event that the Customer fails to pay the cancellation fees in accordance with these Terms, and unless other payment terms have been agreed, we reserve the right to serve the Customer with a statutory demand for payment or commence legal proceedings against the Customer for damages for breach of Contract or otherwise, as deemed appropriate.
6.6. The Astonishing Singers may only cancel an agreement due to a Force Majeure event as described/set out in Section 9 below.
7.1. We will make reasonable efforts to ensure that the performances listed (with respect to availability and timings) are complete, accurate, and up-to-date. We do not, however, make any guarantees (whether express or implied) that it will meet your requirements or that it will not infringe the rights of third parties.
- Limitation of liability and indemnity
8.1. We cannot exclude or limit our responsibility to you for:
8.1.1. Death or personal injury resulting from our negligence;
8.1.2. Fraud or fraudulent misrepresentation;
8.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
8.1.4. Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015;
8.1.5. Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
8.2. We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. 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. We are not responsible for unforeseeable losses.
- Force Majeure
9.1. For the purposes of this Contract, a Force Majeure Event means an event beyond the reasonable control of The Astonishing Singers including but not limited to strikes, failure of a utility service or transport network, personal injury or illness of a Performer, death of an immediate family member of a Performer, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of transport, fire, flood, storm or default of suppliers or subcontractors.
9.2. The Astonishing Singers shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
9.3. In the event of The Astonishing Singers cancelling the agreement due to Force Majeure, The Astonishing Singers shall inform the Customer as soon as they become aware of the Force Majeure event.
9.4. We will make all reasonable attempts to provide a suitable replacement. Should a suitable replacement not be found, The Astonishing Singers agree to refund the Customer the deposit and any further charges already paid by the Customer in relation to the performance.
10.1. We reserve the right to change the domain address of this Website and any content, services, prices, at any time.
10.2. Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
10.3. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
10.4. Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
- Governing law and jurisdiction
11.1. These Terms are governed by the laws of England and the English Courts shall have exclusive jurisdiction over legal proceedings in connection with these Terms.