Terms & Conditions
Appetite Events wants your event to be a success and believes that, in order to achieve this, we need to formulate a strong communicative relationship with you. To achieve this honest relationship it is important to lay out clear expectations so that the terms upon which we will provide our services to you, and your rights in relation to those services, are understood from the outset. Accordingly these Terms and Conditions of Business, together with the Quotation (as defined below) are a contract (the "Contract") between Appetite Events and you and the Contract represents the only terms and conditions upon which we provide the Services to you.
In the Contract: "Appetite Events" means Appetite Events Limited a company incorporated in Scotland under the Companies Acts (Company Number SC298279) and having its registered office at 18 New Broompark Business Park, Edinburgh, EH5 1RS
"Client" means the person(s) purchasing the Services as specified in the Quotation;
"Event" means the Client's event in relation to which the Services are to be provided as specified in the Quotation;
"Equipment" means all property of Appetite Events or hired by Appetite Events on behalf of the Client and used in the course of providing the Services;
"Quotation" means the quotation issued by Appetite Events to the Client specifying the Services to be provided and quoting the charges and costs to paid in relation to the Services as the same may be varied or updated from time to time;"Services" means the catering and event management services to be provided by Appetite Events;
"Venue" means the venue at which the Event is to be held.
2.1 Appetite Events works on a ‘first come first served' basis for confirmation and reserves the right to decline to provide Services to any potential client to whom a Quotation has been issued prior to acceptance of that Quotation being confirmed by Appetite Events.
2.2. Appetite Events shall provide to the Client the Services agreed in the Quotation and perform the Services with the reasonable level of skill and care expected from a skilled and experienced supplier of catering and event management services seeking in good faith to comply with its contractual obligations.
3.1 Once confirmed by Appetite Events, the Quotation will, subject to any alterations made in accordance with the Contract, remain valid for a period of six months from the date on which the Quotation is confirmed by Appetite Events. Where alterations are made, whether by Appetite Events where it is permitted to do so, in response to a request from the Client which is agreed by Appetite Events or following a review of the Quotation after the six month period has expired, a revised Quotation or another form of written confirmation of the changes to the Service and charges and costs will be issued to the Client.
3.2 Any variation to the Services which is requested by the Client must be notified to Appetite Events no less than seven days prior to the date of the Event and no changes can be made to the Services within 48 hours of the Event. Appetite Events will use its reasonable endeavours to comply with any requests for variations, subject to the prior agreement by the Client that an alteration to the cost quoted in the Quotation is acceptable to the Client.
3.3 Final Details. Appetite Events require all dietary information 14 days prior to your event. It is extremely important that you provide us with the correct dietary requirements to ensure that all of your guests receive an appropriate meal. Our Team of chefs will always bring some additional dietary provisions and make every effort to ensure that all guests receive an appropriate meal, however, we cannot guarantee that there will be a sufficient quantity of extra dietary portions if we do not have the correct numbers.
3.4 For the avoidance of doubt Appetite Events is under no obligation to vary the provision of the Services agreed in terms of the Quotation.
3.5 Appetite Event's menu prices are prepared on the basis of specific numbers. The price indicated in the Quotation is subject to alteration depending on the final number of guests. The contents of menus, decoration or any other items to be supplied by Appetite Events are subject to market availability. The Client will be notified of any alteration.
3.6 No change can be made to any Equipment hire within 48 hours of the Event.
3.7 The Client may not vary the number of persons attending the Event within 4 days of the Date of the Event. In the event of any increase, that will be a variation and clause 3.2 shall apply. In the event of any decrease in numbers notified after the date falling 4 days prior to the Event, Appetite Events will be entitled to invoice the Client, and the Client will pay, for the number of attendees previously confirmed regardless of the number who actually attend the event.
3.8 Any change to the Venue may impact on the costs and Appetite Events reserves the right to charge additional sums where a change in Venue is intimated by the Client after acceptance of the Quotation has been confirmed by Appetite Events.
3.9 Appetite Events reserves the right to charge additional sums where it has been required to undertake additional work over and above than that set out in the confirmed Quotation, either at the request of the Client or as a result of failure by other contractors which Appetite Events may be required to work alongside at the Event.
3.10 Where the Event overruns the timings set out in the Quotation, Appetite Events may, notwithstanding the terms of the Quotation, (except where the timing over run is its fault) apply an overtime charge.
4.1 The Client will pay to Appetite Events the costs and charges set out in the Quotation.
4.2 Unless otherwise agreed by Appetite Events in writing, all invoices are due for settlement within fourteen days of issue.
4.3 A deposit of 50% of the quoted fee is due no later than fourteen days prior to the date of the Event, and Appetite Events reserves the right to ask for the whole of the quoted price to be paid in full by new Clients or third party bookings which are arranged on behalf of an existing Client.
4.4 Without prejudice to any other rights which Appetite Events may have, in the event of late payment of any sum due under these Terms of Business, Appetite Events reserves the right to charge interest to the Client on such sum at the rate of four per cent per annum above the base rate of The Royal Bank of Scotland plc.
Where the Client cancels the Event the following conditions apply:
5.1.1 All cancellations must be made by telephone in the first instance and then either by letter or email to Appetite Events and, only when Appetite Events have confirmed the cancellation in writing to the Client, is the cancellation confirmed; and
5.1.2 The Client will, notwithstanding any cancellation by the Client, be liable to pay:
5.1.2.1 20% of the total costs set out in the Quotation where the cancellation is made more than one month prior to the date of the Event specified in the Quotation;
5.1.2.2 50% of the total costs set out in the Quotation where the cancellation is made within one month, but more than one week, prior to the date of the Event specified in the Quotation; or
5.1.2.3 100% of the total costs set out in the Quotation if the Client cancels the Event one week or less prior to the date of the Event specified in the Quotation.
5.2 Appetite Events reserves the right to cancel the Contract:
5.2.1 where circumstances beyond the control of Appetite Events prevent it from fulfilling any obligations, by notice in writing to the Client. In these circumstances Appetite Events will refund any balance of the sums paid to date by the Client after settlement of any costs incurred by Appetite Events down to the date of cancellation in respect of the proposed provision of Services and will have no other liability; and
5.2.2 with immediate effect and without liability where it appears to Appetite Events acting reasonably that the Event is different from that advised by the Client, is illegal, may result in bad publicity for or might reasonably be expected to bring into disrepute, Appetite Events in which case, and without prejudice to any other rights of Appetite Events in respect of any loss suffered by it, any deposit paid shall be retained by Appetite Events.
6.1 The Client is responsible for all Equipment (including any marquee hired for the Event) from the time of delivery by the hirer until it is collected by the hirer. The Client should, in its own interest, make sure the equipment and/or any damage caused by it is appropriately insured. Any breakages, loss or damage to Equipment, however caused, will be charged to the Client at the full replacement value.
6.2 Appetite Events encourages the Client to ensure that they have in place appropriate insurance cover for the Event.
6.3 The Client will be responsible for ensuring that Appetite Events has access to the Venue, to allow reasonable time for setting up prior to the Event and clearing up afterwards. Appetite Events has existing relationships with certain Venues and will discuss these with the Client on an individual basis should the need arise.
6.4 Where Appetite Events provides cloakroom services Appetite Events is unable to accept responsibility for lost, missing or damaged items.
6.5 Appetite Events must have not less than 8 week's notice of any requirement for a cash bar. Provision of a cash bar will be entirely conditional upon the grant of a license by the relevant authorities. The costs of obtaining any such license will be borne by the Client.
6.6 If you decide to use your own wines and champagnes the corkage fee specified in the Quotation will apply.
6.7 All drinks are charged on a consumption basis to include bottles which are opened or have damaged labels.
6.8 Appetite Events will, at its discretion, remove any food, which it deems to be unsafe for consumption, due to the time elapsed from preparation. Appetite Events cannot be held responsible for the safety of any food supplied by the Client or any person other than Appetite Events.
7.1 Save to the extent is it unlawful to exclude such liability, no liability is accepted by Appetite Events for loss, damage or consequential loss caused by Appetite Events failure to perform its obligations (whether the failure is due to negligence on the part of the Company, its officers, employees or subcontractors or due to other causes), but nothing herein shall exclude Appetite Events' obligation to pay compensation for death or personal injury as required by law.
7.2 Appetite Events has, and will maintain in force throughout the period until conclusion of the Event, public liability insurance in a sum of £5,000,000.
7.3 For the avoidance of doubt, Appetite Events shall not be liable to the Client or be deemed to be in breach of any of these Terms of Business by reason of any delay in performing, or failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond Appetite Events's control, due to any instructions given by the Client or in any delay caused by the Client.
7.4 Appetite Events shall require either the Client or Venue manager as appropriate, to inspect the Venue following an Event. For the avoidance of doubt, Appetite Events shall not be liable to the Client or owner of the Venue for any damage or loss which is subsequently discovered and intimated to Appetite Events, after an inspection has taken place and where the Venue has been signed off as being left in good order.
7.5 Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.
All design rights, copyright, trade marks and names and other intellectual property rights of whatsoever nature in any works produced or created by Appetite Events in the course of the provision of the Services shall be owned by Appetite Events.
Any issues with Appetite Events services should be notified to Appetite Events as they arise at the Event to enable Appetite Events to resolve them as best as possible at the time. If the Client is still unsatisfied with the Services provided, any Complaint must be received by Appetite Events in writing not more than seven days from the date of the Event.
The Client shall not be entitled to set off or withhold any payments claimed or due to Appetite Events under the Contract or any other agreement between the parties.
Neither the Contract nor the benefit of the Services may be assigned or transferred by the Client whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Appetite Events.
In the event that any or part of the Contract shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions of the Contract which shall continue to be valid and enforceable to the fullest extent permitted by law.
The parties hereby agree that these Terms of Business shall be construed in accordance with Scots law, and hereby submit to the exclusive jurisdiction of the Scottish courts.