Definitions:
The “User” is the person that uses our web pages and applications and confirms having read and agrees with the General Terms and Conditions for Use and Sale.
The “Client” is the person so named in the Contract form.
The “Contractor” is Paradise Bird Events Ctra. Moraira-Teulada, 62, 03724, Teulada, Alicante, Spain.
The “Event” is the main object of the contract, the celebration for which the contractor, will always follow the will and direction of the Client, will provide the products and services for which it has been retained. The date(s) and venue(s) of the event can only be altered by mutual agreement, and must always be confirmed and accepted by the Contractor.
The “Planning” (detail of services/products)” is the only document that describes all the products and/or services requested from the Contractor or for which the Contractor is required to act as an intermediary with the providers. Unless otherwise expressly indicated in the contract or planning, taxes and shipping costs are not included in the price. It is understood that travel expenses for the Contractor’s team and providers are always included if the event takes place within 20 kilometres from the 03724, Teulada.
The Client can request additional services, which, if approved by the Contractor will be included in the Planning, substituting all previous versions of such. The planning can be a paper or electronic document, or an online application. Any information or description not included in the Planning, whether by inclusion or through a link to an external information source that refers expressly to the event and nothing else, is only for reference and such information is not to be considered binding to the agreement.
The “Service(s)” is any product/service described in the Planning. All images and colours are only for reference and do not imply any commitment on behalf of the Contractor nor will they be binding to the Contract, except when they are so stated in written form, duly accepted and signed by both parties. Prices for services which the client has not ordered remain valid until one month after the service has been added to the planning, and once a service is ordered by the client, and confirmed by the supplier, the price is fixed, and is only subject to changes due to tax or other regulations or by mutual agreement between client and contractor or provider.
The “Provider” is any provider of products involved directly or indirectly in the execution of this Contract, even if the Contractor and the provider are the same person or organization.
Purpose of the Contract:
A contract for services through which the Contractor acts as an independent intermediary in the sale of Service(s) between the provider(s) and the Client. The contractor warrants and agrees to execute this contract with the due diligence of an industry professional. Upon signature of this document, the Client expressly authorizes and empowers the Contractor to represent him and act on his behalf, thus allowing him to negotiate, mediate, and confirm all agreements necessary for the fulfilment of the Planning. The Client will be solely responsible for all contractual responsibilities signed by the Contractor while acting on his behalf. The Contractor acts only as a mediator. The Client will send the Contractor details of all services contracted or orders made to providers with ample time to be properly executed and fulfilled by the Contractor.
Effectiveness of the contract
Every sale of Contractor service(s), whether made directly by the Contractor or through a distributor, shall be subject to these conditions. Discrepancies are only possible by a mutual verbal or written agreement, and duly signed by the Contractor. By entering into an agreement with the Contractor, the Client accepts the exclusive use of it, even if done by direct online registration. Each contract is irrevocable and becomes effective upon acceptance by the Contractor. This applies in the case of direct online registration as well as in the case of a sale through an external consultant or a distributor resale. When an agreement for the Contractor’s services is made by/through an agency or a professional other than the ultimate beneficiary of such services, the order cannot be cancelled. If the agreement is made by the physical person who is the beneficiary of such services, it may be withdrawn or cancelled without penalty or need to express motive within fourteen (14) calendar days from the date the agreement is accepted by the Contractor. In such case, the Client accepts to pay for the services that the Contractor may have already provided during that time, as well as for all services delivered by providers, and any expense generated in the execution of the contract. Failure to exercise the right to withdraw within the set time period will not be an obstacle for a later exercise of the right to withdraw or cancel when proceeding according to such right. Exercise of the right to withdraw shall not be subject to any kind of formality, as long as it can be proven in any manner permitted by law. In any case, it shall be considered valid by sending the withdrawal document. The invalidity of one or two articles, in whole or in part, can never result in the Contract being void, which will remain valid and applicable. Interpretation of this Contract as to those points that could offer differences between the contracting parties must be made taking into account what was agreed in the rest of the documents subscribed between the parties; the conduct of the parties; the good faith of the Contract; and the current regulations in regards to consumer laws and general application.
Use of venues and facilities
The use of venues and facilities is limited by the duration of the event, according to the planning and within the conditions of each venue. In case of improper or unauthorized use of these facilities, either by the client or by third parties invited to the event, the client will assume responsibility for any damage that could be caused as a result of such improper or unauthorized use.
Additional services
If the client requests additional services before or during the event, not included in ‘the planning’ and/or in the General Conditions of use and sale, which are known and accepted by the client, he undertakes and obliges to sign said order in accordance with the following: The client commits to pay for the service(s) requested within 7 working days from the written request made to Paradise Bird Events and in the event of non-compliance with the obligation to pay, the client will be responsible for all the expenses involved in said claim, including the fees of the Lawyer and the cost of litigation / judicial procedures if necessary.
Payment :
The total of the invoices and payment requests for which the contractor acts as an intermediary will be paid by the Client within seven (7) calendar days via bank transfer to the Contractor’s account. All bank charges generated by the collection of payments made by the Client when made via bank transfer will be the responsibility of the Client. The Client agrees to make the first payment within seven (7) days from the Contractor’s acceptance of the Contract and, unless otherwise agreed to in writing, the total of the invoice must be paid no later than one month before the date of the event. Otherwise, the Contractor may put the contract on hold and thus stop its execution. In that case, the losses it may incur will be the responsibility of the Client and shall be assumed expressly, without any claim to the Contractor.
If the Contract is put on hold due to non-payment from the Client, such hold will last until the scheduled date of the Event. At such time, the Contract will be considered terminated for non-payment on the part of the Client, and the Client will be responsible to pay the Contractor for all services rendered as well as all products provided and pending payment, and any monies owed the Contractor for damages and stipulated in the Contract. In addition, both parties agree that the amounts owed will generate a Euribor +4% interest from the original due date.
1) If the Contractor requests a service for which the provider needs a partial deposit or the total sum of the cost upfront, the Client must pay for such service within the next seven (7) days after the Contractor confirms to the Client the availability of such service.
2) Any payment that remains outstanding after the event date (for example, among others, if the Client has requested additional services before or during the event) must be paid by the Client within the next 48 hours.
Event Insurance
The Client confirms that the Contractor has recommended to the Client to take out event insurance through an insurance broker of the Client’s choice and to cover all costs that may arise for any reason, including, but not limited to, illness or death of the Client, his partner and direct family, bad weather, force majeure or state intervention.
Cancellation of contract
If the Customer wishes to terminate the contract after the expiration of the period of withdrawal to which he is entitled, the cancellation is only possible in mutual agreement with the contractor.
In the absence of mutual agreement between client and contractor, the Client shall be obliged to pay in full for all services ordered unless they can be cancelled, in which case the cancellation of services conditions apply, as is the client obliged to pay for the total fixed fees and commission to be perceived as if the contract would normally have been fulfilled.
It shall also be possible for the Contractor to terminate the contract if the Client cancels or does not confirm the services and does not at last 2 months before the event, or at last one month after a reminder, provide the information necessary to ensure a satisfactory execution of the event.
Cancellation of services
Unless otherwise specified in writing, paid amounts are not refundable and cancelling a service that had been previously requested by the Client and confirmed by the provider will carry a cancellation fee according to the sales terms of the provider, with a minimum of 10% of the total price of such product or service, if cancelled twelve (12) months before the event; 20% if cancelled between nine (9) and twelve (12) months before; 30% if cancelled between six (6) and nine (9) months before; 40% if cancelled between three (3) and six (6) months before; 50% if cancelled between one (1) and three (3) months before; 75% if cancelled between two (2) and four (4) weeks before and 100% if cancelled within the two weeks previous to the event. A minimum of 100€ per cancelled service will always apply.
Changing the date of services
Unless otherwise specified in writing, cancelling a service that had been previously requested by the Client and confirmed by the provider will carry a date modification fee according to the terms of the sale of the provider, with a minimum of 50% of the fee in case of cancellation. A minimum of 100€ per cancelled service will always apply.
Change of number of guests
Unless otherwise specified in writing, any change of the number of persons attending the wedding by more than 10% in comparison to the number at time of contracting is subject to confirmation by the provider(s) and may be subject to additional costs.
Closing of the planning
To ensure a correct and stress-free event, and to allow all participants to timely plan and organise their services, the planning of the event is closed within 7 calendar days upon first request by the contractor, approximately one month before the event, but If the event date is during a period of collective vacations, such as Easter, summer ( in Spain the month of August ) or end-year holidays then the planning closing date is moved forward by the duration of the collective holiday period.
Once the planning is closed all changes are subject to acceptance and confirmation by the contractor and the provider, and since the planning and briefing to all providers and participants have to be changed, is always subject to a cost of 25€ per change and per provider. Once the planning is closed, also the number of persons attending the event is final and from that moment on, persons not attending will be charged as if they would attend. However, if the cancellations are less than 10% of the number of persons attending at the time of the closing of the planning of the event, and the cancellations are requested more than 14 calendar days prior to the event, providers can – and usually will – as a gesture of commercial goodwill, will allow the recalculation of the cost of their services. Changes during the last 14 calendar days prior to the event are not allowed, nor possible, but if by exception a change is allowed, it will be subject to a cost of 75€ per change and per provider.
Termination of contract by the Contractor
The Contractor can withdraw from the execution of the contract if the Client or Principal alters the services initially listed or contracted for in the planning, suggests significant differences in the organization of the event, or does not at last 2 months before the event, or at last one month after a reminder, provide the information necessary to ensure a satisfactory execution of the event, in such a way that the Contractor cannot guarantee the success of the event. In case of this withdrawal, the Contractor agrees to give notice to all the providers in charge of the deliverables already contracted for and agrees to pay said providers those monies that the Client has already paid for to the Contractor for such products or services. The Contractor further agrees to provide the Client with all the information regarding the services and providers already contracted. If the withdrawal results in the cancellation of services, either by request of the client, or by withdrawal of the provider, then the cancellation of services conditions apply.
Client losses
The Contractor shall not be held responsible for losses or liabilities caused by the Client to guests or event attendees. The Contractor will not assume any responsibility for such items as food, drinks, floral arrangements, decorations or any other, whether personal or professional or any other product bought by persons other than the Contractor and his providers for the Event, previously, during or after the event. The Client shall be the only party responsible for all guests and attendees at the event, as well as their actions. The Client shall be responsible for all damages resulting from the event unless they are the result of negligence or malpractice of the Contractor, his providers, employees or agents.
Liability
The Contractor shall execute this contract with the due diligence expected from a good businessman. The Contractor shall not be responsible for errors or damages caused by incorrect information provided by the Client. The Contractor shall not be responsible for damages or losses caused to the Client by the providers upon delivery of products or services for which the Contractor has acted as a mere intermediary. The Contractor shall only be responsible for damages caused directly to the Client, and not to third parties. Likewise, the Contractor can only be responsible for direct costs. (I.e.: those stipulated in the contract and have been paid, contracted or reserved directly with the Contractor) and never the indirect costs, including any arising damages, loss of profits or loss of savings due to business interruption, regardless of the cause; costs arising from compensation processes, damages for interest and/or delays, damages resulting from erroneous, incorrect or incomplete information by the client, and/or damages caused by information or advice from the Contractor that are not an explicit part of the Contract. The client acknowledges that the Contractor has informed him or her of any legal requirements or restrictions ( such as noise restrictions or limitations ), and that any violation of them, either by the client or attendees of the event, is the sole responsibility of the client, who shall assume any consequences, costs, fines or other thereof. The Client will compensate the Contractor for any claims made by third parties for damages and losses caused to them in the scope of this contract by the Client or by third parties acting on his behalf, or authorized by him, or by other beneficiaries by invitation of the client in receiving services contracted here. The Contractor shall provide access to all the documents required for the execution of the contract. Due to the unique characteristics of the Internet, the Contractor shall not be responsible for usage or access interruptions, or other flaws due to technical problems, internal or external (I.e.: viruses, service interruptions from web hosts, etc.) Interruptions caused by maintenance or work performed on the servers themselves will be considered exempt from liability. The Contractor agrees to do everything in his power to reduce and correct such problems as soon as possible. In case the Client contracts providers/services himself, either to external providers or to relatives of friends, regardless if the provider of these services if financially or otherwise compensated for them, the Client must make sure that such persons or providers are in compliance with all legal obligations required to provide these services, and the Client shall assume all responsibility for them, and for any consequences, damages, fines or other resulting from these services, and explicitly exempt the Contractor from them, even if such services appear as information in the Planning of the Event.
Dispute resolution
In case of disagreement between the parties, a friendly solution will always be attempted.
Complaints must be sent by certified mail to the Contractor’s fiscal address no later than eight (8) days after the finalization of the Contract or knowledge of the alleged fault or error. The Client and Contractor expressly agree that any mutual dispute shall be solved by arbitration. Both parties involved agree that all disputes, discrepancies, issues or claims resulting from the execution or interpretation of this contract or related hereto, directly or indirectly, shall be solved definitively through arbitration in the Alicante Court of Arbitration, located in the Cámara Oficial de Comercio, Industria y Navegación de Alicante (Official Chamber of Commerce, Industry and Shipping of Alicante), which is charged with the arbitration management and the designation of arbiters, according to its Bylaws and Regulations.
Language
The full text of this contract, as well as the documents deriving therefrom, including all Annexes, have been drafted in several languages and Spanish. The Spanish version shall be considered valid and official. Should any discrepancy or divergence between versions arise, the Spanish version will supersede and replace all others for its interpretation.