Terms and Conditions

1. The Agreement
a) Eventika Ltd, a company registered in England
and Wales with company number 16259137
having its registered office address at
27, Old Gloucester Street, London WC1N 3AX.
Eventika Ltd is an event management company, which through the provision of its services provides access to events and hospitality packages for its clients. The Client wishes to engage Eventika Ltd
to provide the Package detailed in the Booking Details. The provision of such Package shall be subject to the terms and conditions herein (Terms).
b) When a Client indicates that they want to proceed with the Package, Eventika Ltd will issue the
Client with the Booking Details and these Terms. Where the Client signs and returns the Booking Details it confirms its intention to enter into the Agreement. The Agreement between the parties shall commence upon Eventika Ltd commencing provision of the Package in accordance with the Booking Details and these Terms, following
receipt of the signed Booking Details from
a Client (Commencement Date), subject to these Terms.
c) The Parties agree that their relationship is not exclusive, and Eventika Ltd can provide packages
to any other third parties.
2. Payment Terms
a) Eventika Ltd will provide the Package
(being a combination of Services) and deliver the Package in accordance with these Terms and
the Booking Details.
b) The Client shall provide all cooperation and further information (including but not limited
to any additional identification) as reasonably required by Eventika Ltd in connection with the provision of the Package.
c) Given the operational nature of the Package, Eventika Ltd may make bookings or procure the services of third parties in respect of Packages
(Third Party Services), through its provision
of the Package.
Where Eventika Ltd does so, it acts as agent for
and on behalf of the Client, and the Client hereby provides its consent to Eventika Ltd for Eventika Ltd to make such bookings or procure such Third Party Services.
d) Eventika Ltd shall not be liable to the Client for any loss it suffers in connection with or as a result of, the provision of the Third Party Services and the provision of all Third Party Services are governed by the terms and conditions of the provider of such Third Party Services (Third Party Supplier),
unless such loss is due to the negligence of Eventika Ltd. The Client hereby agrees to be bound by and adhere to such Third Party Supplier(s) terms and conditions applicable to the Event and/or element
of the Package (Third Party Terms), as made available to the Client by Eventika Ltd from
time to time.
e) In the event of any conflict between any Third Party Terms and this Agreement, the Third Party Terms shall prevail in respect of the provision of
the Third Party Services only and only to the extent that any such conflict arises.
f) Eventika Ltd gives no guarantee whatsoever that either an Event (or the individual elements which make up the Package) shall take place and any cancellation or postponement of an Event (or individual elements which make up the Package) shall be governed by these Terms.
g) Where a Client makes a special request for arrangements to take place at an Event or
in respect of a Package (for example, specific seating requirements), whether indicated on the Booking Details or otherwise, Eventika Ltd gives no guarantee that any special request can or will be fulfilled. Eventika Ltd shall use its reasonable endeavours
to make any special requests made known to the Third Party Supplier, but neither Eventika Ltd
or the Third Party Supplier shall be liable in any way to the Client if such a special request cannot be fulfilled or the Package is not provided in accordance with such a special request.
h) Any element of a Package that is booked and noted as ‘subject to availability’ in the Booking Details or otherwise may not be available at the point of booking and Eventika Ltd gives no guarantee or warranty that any element of a Package that is subject to availability can be or will be booked as part of the Package.
Where Eventika Ltd is unable to complete a booking for any element of the Package which is subject to availability and availability is no longer there, Eventika Ltd’s only liability to the Client in such instance is to refund to the Client an amount equivalent to the value of the element of the Package that cannot be booked, which it will do so as soon as reasonably practicable following notification of such unavailability, or where agreed with the Client shall apply a credit to the Client’s account for such sums or seek to find an alternative as agreed with the Client.
i) In the event that the Client is offered a credit period by Eventika Ltd to use monies applied as a credit to be used on future bookings, then such credit must be used within 24 months of the credit being applied. After the 24 months period,
no refund of monies paid or credit shall be made
to the Client.
3. Fees and Payment Terms
a) The Client shall pay the Fees (including the Deposit, being 50% of the Fees, unless otherwise specified in the Booking Details and the balance) in respect of the Package, in accordance with the Payment Terms.
b) In the event there are no Payment Terms detailed in the Booking Details, Fees shall be paid as follows:
i) The Deposit, within 14 days from the Commencement Date.
ii) the remaining balance is to be paid no later than twenty (20) weeks prior to the Event Date.
iii) Where the Event Date is between six (6) weeks and twenty (20) weeks from the Commencement Date, all Fees shall be paid within seven (7) days from the Commencement Date.
iv) Where the Event Date is less than six (6) weeks from the Commencement Date, all Fees
are payable immediately.
c) Unless stated otherwise in the Booking Details, the Fees are exclusive of any applicable VAT
which shall be paid by the Client in accordance
with Eventika Ltd’s applicable invoice.
d) If payment for the Package is not made in accordance with the Payment Terms,
(without prejudice to any other rights Eventika Ltd may have in respect of this breach of contract), Eventika Ltd shall notify the Client of such.
If such payments remain unpaid for a further 7 days, Eventika Ltd reserves the right, at its sole discretion, to terminate this Agreement or cancel any other bookings made by the Client, without first warning the Client of its intention to do so.
The provisions in clause 7 (b) shall apply in respect of any payments for Package paid in advance.
e) All amounts due under the Agreement
shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as required
by law).
f) Without limiting Eventika Ltd’s rights under this Agreement, Eventika Ltd shall be entitled to apply interest on late payments of any sums due by the Client to Eventika Ltd under this Agreement at the rate of 4% from when the overdue sum became due, until payment in full is received by Eventika Ltd.
4. Changes to a Package
a) The Client acknowledges that due to the nature
of the Event and proposed Package, specific details about such Events may not be known at the time
of booking. Eventika Ltd will use its reasonable endeavours to provide the Package as advertised, including (but not limited to) timing, date, location and other arrangements, however Eventika Ltd reserves the right, at its sole discretion (acting reasonably), to make changes to an Event
(or individual element of the Package), provided
the Client still receives substantially the same Package as requested in the Booking Details
(or individual element of the Package).
b) Eventika Ltd and the Client may agree for any other changes (which do not fall within clause 4(a) above) to a booked Package, which shall include
any changes to Fees due or any other aspects
of the Package.
5. Cancellation or changes made by a Third Party Supplier
a) Should any Event (or individual element of the Package) be cancelled or postponed for any reason whatsoever (including due to a Force Majeure Event) by a Third Party Supplier, then Eventika Ltd will use reasonable endeavours to source an alternative Package or individual element of a Package,
or an alternative Event.
b) In the event that no alternative Event or
individual element of a Package is available,
then the cancellation provisions contained in the applicable Third Party Terms shall apply and Eventika Ltd shall take reasonable steps to mitigate any costs the Client will incur as a result of such cancellation/postponement, but Eventika Ltd
shall have no liability to the Client in relation
to the cancellation or postponement of an Event. Eventika Ltd shall use reasonable endeavours to obtain any relevant refunds received from such Third Party Suppliers, in respect of the Third Party Package only, who have cancelled or postponed such Event or individual element of the Package
and shall pass on such refunds to the Client accordingly where the Client has already paid
for the Package in full.
c) Where part of a Package is cancelled or postponed by a Third Party Supplier, it shall not affect the requirement to pay for all other elements of the Package, providing the remainder of the Package
is to continue.
6. Cancellation by the Client
a) Any cancellation of this Agreement by the Client must be made in writing and is effective from the day it is received by Eventika Ltd.
b) For the avoidance of doubt, the Client may not cancel part of a Package without Eventika Ltd’s
prior written consent.
c) Where the Client cancels the Agreement
pursuant to clause 6(a) above, the Client agrees
to pay the following cancellation charges:
i) If a booking is cancelled by the Client at any time after Commencement Date and more than twenty (20) weeks before the Event Date, the Client shall forfeit any payment made up to the date of cancellation. Unless otherwise stated in the Booking Details, should no payment or less than 50%
of the total price have been received at this time
the Client must pay Eventika Ltd 50% of the Fee
as a result of cancellation within seven (7) days.
ii) If this Agreement is cancelled by the Client
at any time after the Commencement Date and
less than twenty (20) weeks before the Event Date, the Client must pay Eventika Ltd 100% of the Fee
as a result of cancellation within seven (7) days
from notice to cancel.
iii) The Client must pay to Eventika Ltd any reasonable costs incurred by Eventika Ltd in recovering sums owed under this Agreement
or damages for non-performance thereof including legal costs on a full indemnity basis.
d) Eventika Ltd may at its sole discretion offer
the Client an alternative package at an alternative event if the Client indicates a desire to cancel this Agreement.
e) Eventika Ltd shall take reasonable steps to mitigate any charges the Client will incur as a result of its cancellation and where it recovers refunds
or credits from a Third Party Supplier, Eventika Ltd shall calculate any amounts that could be due back to the Client from such sums.
f) Where Eventika Ltd has not yet been paid or otherwise invoiced the Client for the Fees and
the Agreement is cancelled pursuant to clause 6 (a), the Client shall pay all sums due within 30 days of receipt of applicable invoices.
7. Cancellation by Eventika Ltd
a) Without limiting any other rights under this Agreement, Eventika Ltd reserves the right to
cancel the provision of a Package and withdraw
the provision of the Package on notice to the
Client where:
i) The Client fails to make payment of any Fees
due in respect of a Package, and continues not
to do so seven (7) days from such notification of non-payment as set out in clause 3 (d); or
ii) A Third Party Service included in a Package
cannot proceed and it materially impacts the Package as a whole.
b) Where Eventika Ltd cancels a Package in the circumstances set out in clause 7(a), without
limiting any other sums due to Eventika Ltd
under this Agreement, the Client shall be liable
to pay Fees which are due up to the point of cancellation, for Package provided up until that point.
c) In no event shall Eventika Ltd be liable to the Client for any loss it suffers as a result of such cancellation and the Client shall not be entitled
to any compensation for any such cancellation, however Eventika Ltd shall use its reasonable endeavours to seek to recover any costs from
Third Party Suppliers in respect of any cancelled Third Party Package, in order to pass such recovered costs back to the Client (where possible and
received from such Third Party Supplier).
In the event it cannot recover such costs from
Third Party Suppliers, such costs shall be charged
to the Client, and the Client shall pay any outstanding sums due within 30 days of receipt
of applicable invoices.
8. Insurance
a) For the duration of the Agreement, each Party shall maintain insurance against any liability arising or likely to arise in connection with this Agreement. Such insurance cover shall be provided by insurer(s) of good reputation and financial standing.
b) It is the Client’s responsibility to ensure it has
in place adequate insurance for postponement
or cancellation (for whatever reason) of the Package (including the Event(s)).
9. Liability
a) Nothing in this Agreement limits any liability
which cannot legally be limited, including but
not limited to liability for, death or personal injury caused by negligence, fraud or fraudulent misrepresentation and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
b) Subject to clause 9 (a) above, Eventika Ltd
is responsible for loss or damage the Client suffers that is a foreseeable result of Eventika Ltd breaking this Agreement or Eventika Ltd failing to use reasonable care and skill, but Eventika Ltd is 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 Agreement was made, both Parties knew it might happen, for example, if the Client discussed it with Eventika Ltd during the booking process.
c) Eventika Ltd shall not be liable for business
losses and, accordingly, will have no liability
to the Client for any loss of profit, loss of business, business interruption, or loss of business opportunity.
d) Eventika Ltd shall not be liable for any loss
or inconvenience the Client or a third party suffers as a result of any acts or omissions of a third party (including a Third Party Supplier), including any losses which arise as a result of the Third Party Package.
e) The Client hereby indemnifies and holds
Eventika Ltd harmless against any and all losses, costs, damages, and expenses, which are incurred by Eventika Ltd which arise in connection with
this Agreement or the attendance by the Client
of an Event, including the Client’s non-compliance with any Third Party Supplier terms and conditions connected to an Event.
10. Termination
a) Notwithstanding the Parties’ rights to cancel
the Agreement in clauses 6 and 7 above, without affecting any other right or remedy to it, either
Party may terminate the Agreement with immediate effect, by giving written notice to the other Party if:
i) the other Party commits a material breach of
any term of the Agreement and (if such a breach
is remediable), fails to remedy that breach within
ten (10) days of that Party being notified of the requirement to do so.
ii) the other Party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in
relation to a solvent restructuring), applying to
court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court,
unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets
or ceasing to carry on business or, if the step
or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.