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Xclusive Occasions

Terms of service

Governing law and jurisdiction

  1. The provisions of these Conditions shall be governed by and construed according to the law of England and Wales and the English courts shall have exclusive jurisdiction concerning any dispute.

Complaints

  1. Notices. All notices to be given under the Agreement shall be in writing and, in the case of Xclusive Occasions, shall be addressed to its registered office and, in the case of the Client, be addressed to the address specified on the Proposal or such other addresses as either Party may notify the other pursuant to this provision.

  2. Assignment. The Client shall not be entitled to assign any of its rights and/or obligations under the Agreement without the prior written consent of Xclusive Occasions. Xclusive Occasions may assign or sub-contract any of its rights and/or obligations under the Agreement without the consent of the Client.

  3. Unforeseen Circumstances/Force Majeure. If Xclusive Occasions is prevented, hindered or delayed in or from performing its obligations under this Agreement by reason of a Force Majeure Event, Xclusive Occasions shall inform the Client as soon as reasonably practicable.  Xclusive Occasions shall not be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations by reason of a Force Majeure Event.  In such circumstances Xclusive Occasions shall be entitled to reasonable extension of time for the performance of such obligations. Xclusive Occasions shall use reasonable endeavors to mitigate any delay and make alternative arrangements with the intent that the Event can still proceed.  Any failure or delay arising out of a Force Majeure Event shall not constitute a breach of the Agreement, provided however that if such delay continues for a period in excess of 14 days, the Client shall be entitled to terminate the Agreement forthwith by written notice to Xclusive Occasions. In such circumstances, the cancellation provisions at Clause 8.2 shall apply.

  4. Waivers. No delay or failure by Xclusive Occasions in exercising or enforcing any of its rights or remedies under the Agreement will prejudice or restrict its rights, nor will any waiver of rights operate as a waiver of subsequent rights.

  5. Survival of Clauses. In the event that any Clause in these Conditions is held to be invalid by any court having jurisdiction over the Agreement, that Clause may be deleted from these Conditions and the remaining Clauses shall continue to be, to the extent that they are unaffected by the deletion, valid and binding on the Parties hereto.

  6. Non-Solicitation. The Client shall not and, where applicable, shall procure that the Client’s employees shall not, without the Xclusive Occasions' prior written consent, during the Event and for a period of two years thereafter directly or indirectly employ any person who is employed by the Xclusive Occasions at any time during the Event and with whom the Client has had direct contact in the course of the Event. The Client shall fully indemnify the Xclusive Occasions against any breach of this provision by the Client or by the Client’s employees. 

  7. Electronic Mail. For the purposes of these Conditions references to ‘written’ or ‘in writing’ shall include electronic mail.

Miscellaneous

  1. We reserve the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. This policy was last updated on 19/05/2024.

Insurance

  1. The insurance obligations and requirements and associated costs for the Event will be set out in the Proposal. 

  2. Where Xclusive Occasions affects insurance for the Event the Client shall pay an additional sum equal to 5% of the Event Charges (or such other sum as may be set out in the Proposal). The Client shall be liable for the first £2,500 of any claim made under such policy unless otherwise stated in the Proposal.

Cancellation period

  1. The Client shall have the right to terminate the Agreement at any time prior to the start of the Event in which case Xclusive Occasions shall retain the Deposit.  The Client expressly acknowledges and agrees that the Deposit is non-refundable. Further, the Client shall be liable for and will indemnify Xclusive Occasions for any and all non-refundable sums paid, sums due or cancellation charges payable by Xclusive Occasions to any third party, venue or supplier arising out of the Client’s decision to terminate. Further, if cancellation takes place within 90 days of the Event Date the full Charges shall become immediately due and payable. Xclusive Occasions may if commercially practicable (but shall not be obliged to) rehire all or part of the Wedding Planning Services and, if so, shall give the Client credit against such cancellation fee in such sum as Xclusive Occasions (in its sole discretion and acting reasonably) may determine.

  2. It is recommended that the Client obtain cancellation insurance. Xclusive Occasions can provide details of a recommended insurer on request, but it is expressly acknowledged by the Client that it is the responsibility of the Client to make its own enquiries and agreement with the insurer to ensure any such policy meets their specific requirements.

  3. In the event that the Agreement is terminated in accordance with any of the provisions of Clause 8.1,  the total amount due or that may become due by the Client to Xclusive Occasions under the Agreement shall become immediately due and payable by the Client to Xclusive Occasions. 

  4. Termination of the Agreement for any reason by Xclusive Occasions shall not affect the Client’s obligation to pay any outstanding invoices or any other monies owing to Xclusive Occasions, including any interest charges.

Termination

  1. Xclusive Occasions will have the right to terminate the Agreement forthwith by notice in writing if the Client commits any material breach of the Agreement.

  2. Xclusive Occasions will terminate the agreement in writing giving 4 weeks notice. Xclusive Occasions will release all relevant information regarding the Client’s Event upon settlement of all unpaid invoices issued prior to termination.

Liability

  1. The Client shall be responsible for and shall indemnify Xclusive Occasions fully from and against all claims, losses, damages, costs (including legal costs) expenses and liabilities in respect of:

    1. Breach of this agreement.

    2. Client’s use of the services 

    3. Representation, statement, tortious act or omissions (including negligence) arising under or in connection with this agreement. 

  2. Xclusive Occasions shall have no liability for any indirect, special, consequential loss or damage to the Client or any third party arising under the Agreement whether arising from the negligence of Xclusive Occasions or otherwise. 

  3. Xclusive Occassions shall not be liable for:

    1. Loss of anticipated savings

    2. Loss of goods

    3. Loss of contract

    4. Loss of use

    5. Loss or corruption of data and information 

    6. Any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. 

  4. Nothing in this Clause 6 shall exclude or limit Xclusive Occasions’ liability for death or personal injury caused by the negligence of Xclusive Occasions or its employees or any liability which cannot be excluded or limited by law.

  5. Xclusive Occasions hold Public Liability Insurance. Xclusive Occasions’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Wedding Planning Services.

Client's obligations and responsibility

  1. Throughout the period of the Agreement, the Client shall provide Xclusive Occasions with any information required for the proper performance of the Agreement on request.  The Client will be required to confirm details and final guest numbers for the Event no later than 30 days prior to the Event Date.  It is expressly acknowledged by the Client that once final guest numbers are confirmed, those numbers cannot be reduced and will not be refunded if numbers decrease. Numbers may be increased subject to agreement, availability and extra charges. 

  2. Without prejudice to any other rights and/or remedies to which Xclusive Occasions may be entitled under these Conditions or otherwise, the Client shall reimburse Xclusive Occasions in respect of any costs and expenses reasonably and properly incurred by Xclusive Occasions as a result of any breach of by the Client of its obligations under these Conditions.

Charges and payment

  1. The Client acknowledges that the Charges referred to in the Proposal represent the best estimate based on the information available at the time this Agreement is entered into and that adjustments may need to be made to the Charges by Xclusive Occasions (acting reasonably and in its sole discretion) to reflect changed circumstances and/or further information becoming available.

  2. The Client shall pay the Charges in accordance with these Conditions. The Deposit is payable immediately upon acceptance of the Proposal.  Unless otherwise agreed, the balance of the charges must be paid no later than 30 days in advance of the Event Date.  

  3. In addition to the Charges Xclusive Occasions shall be entitled to invoice the Client for any increase in costs due to the Clients default in any of its obligations under these Conditions for any additional Wedding Planning Services either requested by the Client or which Xclusive Occasions reasonably considers necessary or desirable for the successful completion of the Event. Any such additional sums shall be due and payable within 14 days of issue of the invoice.

  4. All prices are, unless otherwise stated, exclusive of any packing, posting and delivery charges (which, for the avoidance of doubt, the Client shall also be liable to pay to Xclusive Occasions).

  5. If the Client fails to make payment of any sum due to Xclusive Occasions, Xclusive Occasions shall be entitled to (without prejudice to any other rights and remedies which Xclusive Occasions may have under the Agreement or otherwise):

    1. terminate the Agreement and/or suspend any further performance of Xclusive Occasions’ obligation under the Agreement; and/or

    2. charge the Client interest on the overdue amount at the annual rate payable on the late payment of commercial debts.

  6. Xclusive Occasions shall be entitled to invoice the Client from time to time in respect of any other costs, expenses, fees or charges which the Client is liable to pay to Xclusive Occasions pursuant to these Conditions.

General

  1. This Agreement shall be governed by these Conditions which shall apply to the exclusion of all other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order other than the Proposal, specification or other document), and shall supersede any previous understanding, quotation and/or agreement (whether written or oral) in respect of the subject matter of the Agreement. Subject to these Conditions, no waivers, alterations or modifications of the Proposal or these Conditions shall be valid unless made in writing and duly authorised representative of Xclusive Occasions.

  2. Each Proposal issued by Xclusive Occasions to the Client shall be deemed to be an offer from Xclusive Occasions to the Client to provide Wedding Planning Services to the Client on the basis of these Conditions. Subject to any rule of law to the contrary, no contract between Xclusive Occasions and the Client shall be deemed to be formed until the Proposal attaching and incorporating these Conditions is agreed by the Client and the Client has paid the Deposit to Xclusive Occasions.  The Client confirms that it has read, understood and agreed to the matters set out in the Proposal and these Conditions.  The Client’s continuing instructions and payment of the Deposit will amount to acceptance of this Agreement.

  3. The Client is responsible for ensuring that the terms of the Proposal are complete and accurate.

  4. Any quotation given by Xclusive Occasions is given on the basis that no contract will come into existence until a contract is formed between Xclusive Occasions and Client pursuant to Clause 2.2 above. Any quotation given in writing is valid for a period of 30 days from the date on which it was given.

  5. The Client hereby acknowledges and agrees that it has not relied on any statement, promise or representation made or given by or on behalf of Xclusive Occasions which is not set out in these Conditions or the Proposal. Nothing in this Clause shall exclude or limit Xclusive Occasions' liability for fraudulent misrepresentation.

  6. The Client acknowledges that where Xclusive Occasions undertakes to obtain licences or authorisations necessary for the Event from a competent authority, the refusal of such authority to grant such license or authorisation or to impose restrictions thereon shall not give rise to any claim against Xclusive Occasions.

Wedding planning services

  1. Subject to the Agreement, Xclusive Occasions agrees to provide to the Client, and the Client agrees to take from Xclusive Occasions, the Wedding Planning Services for the Event as set out in the Proposal in consideration for the Event Charges.

  2. Xclusive Occasions shall not purchase goods or services on behalf of the Client. If the Client makes such a request, Xclusive Occasions may, at discretion, agree to make such purchase and any purchase shall be subject to additional charge of 10% of the value of purchase and is payable in advance.

Definitions

In these Conditions the following words and phrases shall have the following meanings:-

  • “Agreement” means the agreement for the provision of Wedding Planning by the Client and shall comprise these Conditions and the Proposal and in the event of any conflict the provisions of the these Conditions shall prevail;

  • ‘‘Charges” means the charges for the provision of Wedding Planning Services as set out in these Conditions and the Proposal plus Value Added Tax at the statutory rate;

  • “Client” means the person set out in the Proposal;

  • “Conditions” means these terms and conditions;

  • “Deposit” means the non-refundable deposit equal to 50% of the Event Charges;

  • “Event” means the event for which Xclusive Occasions agrees to provide the Wedding Planning Services to the Client beginning on the Event Date and ending on the Return Date;

  • “Event Date” means the date set out in the Proposal as being the date on which the Event begins or such other date as may be agreed by the Parties in writing;

  • “Wedding Planning Services” means the Wedding Planning Services required by the Client as set out in the Proposal;

  • “Force Majeure Event” means any circumstances not within Xclusive Occasions reasonable control including without limitation:

    • acts of God, flood, fire,  storm, drought, earthquake or other natural disaster;

    • epidemic or pandemic;

    • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

    • nuclear, chemical or biological contamination or sonic boom;

    • any law or any action taken by a government or public authority, including without limitation, strikes, imposing an export or import restriction, failing to grant a necessary license or consent;

    • collapse of buildings, fire, explosion or accident;

    • non-performance by suppliers or subcontractors; and

    • interruption or failure of utility service.

  • “Proposal” means the booking form issued by Xclusive Occasions to the Client incorporating these Conditions;

  • “Return Date” means the date set out in the Proposal as being the date on which the Event ends or such other date as may be agreed by the Parties in writing;

  • ‘Service’ means wedding planning and coordination services.

Terms and conditions relating to the provision of wedding planning services from Xclusive Occasions
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