These Terms of Business (the “Terms”), together with any and all other documents referred to herein, set out the terms which will apply to every booking taken by us. These terms and conditions apply to both the Customer and the Entertainer. Please read these Terms carefully and ensure that you understand them before making any booking via the website, telephone or email with Coast Entertainments Limited. You will be required to accept these Terms when making any booking.
This website is owned and operated by Coast Entertainments Limited (the “Company”, "we", "us", "our"), registered number SC424677, whose principal place of business is at 59 Jean Armour Drive, Kilmarnock KA1 2SD. Use of our site is subject to our Website Terms and Conditions of Use available at https://www.coastentertainments.co.uk/terms-of-use. Please ensure that you have read them carefully and that you understand them.
The Customer’s attention is drawn in particular to clauses 5, 7, 10 and 11 as they relate to payment, cancellation, limitation of liability and indemnification, and force majeure.
- Definitions. In these Terms, the following definitions apply:
Booking: the booking of Entertainers for an event or function made available via our Website, telephone or email.
Charges: the charges payable by the Customer for any Booking in accordance with Condition 5 below.
Customer: the person(s) (including business and corporate clients) who makes a Booking.
Entertainers: band(s) / performer(s) who is to provide entertainment during the event / function for the purposes of the Booking.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Services: services supplied or to be supplied by the Entertainer to the Customer in accordance with the Booking.
Website: the website at https://www.coastentertainments.co.uk
- How these Terms apply
- By submitting a request for a Booking the Customer agrees to comply with and be bound by these Terms. If you do not agree to comply with and be bound by these Terms you must not make a Booking. If the Booking is made on behalf of someone who is not an individual, the person submitting the Booking confirms by doing so that they have authority to make the Booking and if this is challenged the person submitting the Booking acknowledges that they will be personally liable to make any payments due.
- A Booking request must be accompanied by payment of a reservation fee and once submitted cannot be withdrawn without the consent of us or the relevant Entertainer. However if email (or other written) confirmation of acceptance of the Booking is not issued within 5 days the request for the Booking may then be withdrawn.
- In addition, where you are a consumer i.e. the Booking is for a personal event and not made in the course of business, you have a further right to cancel the Booking within 14 days of receiving our confirmation of the Booking. The exception to this is where you request that the event be held less than 14 days after the Booking is made and in such circumstances by making the request to do so you lose the right to cancel.
- We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time of your Booking.
- We make reasonable efforts to ensure that the Website (together with the availability checker and the Booking page) is available to view and use 24 hours a day throughout the year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, or because it requires updating, maintenance or repair. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
- Bookings can be made by phoning or emailing the office or via our Website. The office is open Monday – Friday, 9am – 5pm however, bookings can be taken 24 hours per day, 7 days a week via our Website.
- A reservation fee is required in order to secure the Customer's specified date and time of the Booking. The reservation fee can be paid only by card payment or bank transfer (not cash). If the Booking is made through the Website the reservation fee is paid through a popular payment gateway.
- Once your reservation fee has been paid and the Entertainer has confirmed, we will issue your booking confirmation paperwork. This will occur 24/48 hours after booking. The reservation fee will require to be made at the time the request for the Booking is submitted. If, however, confirmation of the Booking is not issued within 5 days and the Customer therefore cancels the request for the Booking, the reservation fee will be refunded (if it has been processed by that time). Otherwise, the reservation fee is not refundable in any circumstances as it would be used to cover administration and management costs involved with the Booking.
- The Agent will be entitled to be paid for and to retain the Booking Fee for its agency services, costs and expenses incurred up until the issuing of the Contract.
- If a Customer wishes to book the same Entertainer for a future Booking (“Repeat Entertainer”), we require individual, business and corporate customers to re-book a Repeat Entertainer through us.
- Charges and Payment
- Reservation fee Payment
On request, the Company may agree to the Customer paying half the usual reservation fee at the time of contracting to secure the date, with the balance of the reservation fee to be paid within 30 days. Coast Entertainments reserves the right to decline any such request and if it does agree to such request reserves the right to regard the Booking as cancelled if the balance of the reservation fee is not paid on the due date.
- In most cases, reservation fees shall be received by us prior to issuing any agreement between the Customer and the Entertainer. However, from time to time Corporate customers may be dealt with differently.
- Payment shall be made in the manner and / or to the bank account nominated by the Company, which shall be via a popular payment gateway (including Paypal, Braintree, Stripe, Worldpay etc) bank transfer or by card (we currently accept Elavon, Mastercard, VISA, VISA ELECTRON, V PAY, Maestro, Discover, Diners Club and JCB, though this is subject to change at any time without notice) over the phone and your chosen payment method will be charged when we process your Booking.
- Balance Payment
The final balance must be paid to Coast Entertainments Ltd only via bank transfer into our client holding account. (not cash or card payment) at least 2 weeks prior to the function/event.
- In the event that full payment is not made in accordance with the terms set out in the booking form/ and unless other payment terms have been agreed by the Parties, the Company reserves the right to cancel the Booking. In the event of cancellation due to failure to pay, the Entertainers will not perform at the event.
- Payment arrangements for Corporate clients will be determined on a case-by-case basis.
- We reserve the right to amend Charges at any time but once a Booking has been confirmed the actual performance fee will not increase. Changes in price will not affect any Booking you have already made that you have already purchased but will apply to any future Bookings. We will inform you of any change in price within a reasonable period before the change is due to take effect.
- The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
- Performances, Timings & Variation
- The Entertainer shall use all reasonable endeavours to meet any performance dates. If, however, the Entertainer fails to attend the event/function the refund terms set out at Condition 11 below will apply.
- It is acknowledged by the Customer that where the Entertainer is a band, the line up of the band may vary and may not be the same as described on the Website at the time of the Booking.
- All Entertainers as made available through our Website are booked to play between set hours. For evening receptions and functions these hours are normally between the 8pm - Midnight with a 30 minute break. For daytime acts, performance times are generally throughout the afternoon. This will be set out in the Booking and if not in the Booking confirmation.
- Contracted start times are based on the band having access to the performance area approximately one hour before the contracted start time. For the avoidance of doubt, Entertainers are not responsible for hotel overruns and are not obliged to play beyond the contracted finish time or forego any agreed breaks.
- Should the Customer wish to change the venue, date or time of their event, this can only be done with the consent of the Entertainer and the Company. While reasonable requests will be considered such consent is entirely at the discretion of both the Entertainer and the Company and if consent is given an amendment fee may be payable. However, in the event that the change is not agreed or on attendance the venue is deemed unsuitable by the Entertainer or Company, the booking will be cancelled, the reservation fee is non-refundable and the cancellation terms will apply.
- Use of Deputy Performers
The band/entertainment that is booked will comprise of the standard line-up of musicians as advertised to the Company and the Customer. However, in the event that a member of the entertainment line-up is unable to perform for reasons including illness or injury, or a member leaving the band altogether, the band/entertainers reserve the right to replace a member with another deputy performer who can perform the entertainment repertoire to the same standard. This does not constitute as a change to your booking and as such any fees paid will be non-refundable in accordance with our terms and conditions.
- The Customer reserves the right to cancel a Booking in addition to their statutory right to cancel as referred to at Condition 2.3. The cancellation fees which a Customer will incur in the event of cancellation are as follows:
- 100% of the remaining balance if cancellation occurs within 1-30 days from the event date;
- 75% of the remaining balance if cancellation occurs within 31-60 days from the event date;
- 60% of the remaining balance if cancellation occurs within 61-90 days from the event date;
- 50% of the remaining balance if cancellation occurs within 91-120 days from the event date;
- The reservation fee only if cancellation occurs more than 120 Days from the /event date.
- In most cases we require a reservation fee to book entertainment. Reservation fees are non-refundable, except when an engagement is cancelled by the Entertainer (and not due to force majeure), in which case all reservation fees will be repaid in full.
- For the purposes of Condition 7.1, a day consists of 24 hours running from one midnight to the next. For the avoidance of doubt, the day on which notice of cancellation is received will be regarded as the first day of the cancellation period and the day of the event will be the last day of the cancellation period.
- Cancellation will be deemed to have been made when notice of cancellation is received by email and has been acknowledged by us.
- All cancellation fees must be paid within 7 days of cancelling the event. Cancellation fees can be paid by bank transfer.
- The Entertainer may only cancel a Booking if the venue is unsuitable or due to a Force Majeure event as described/set out in Condition 11 below.
- If the Entertainer cancels for any other reason, the Entertainer must compensate the Company by means of a fee equivalent to the reservation fee paid by the Customer plus a £75 administration fee. The fees must be paid to the Company on notice of cancellation begin given or immediately if the Entertainer dos not attend.
- As the Company effectively acts as an agency, our involvement in any agreement is strictly as a negotiator of terms between the Customer and the Entertainer.
- We take reasonable steps to ensure agreements are fulfilled between the Customer and the Entertainer, however we cannot be held accountable for non-performance or any other breach of the Booking terms by either the Customer or the Entertainer. Accordingly, except to the extent such liability cannot be excluded at law, we shall have no liability to either the Customer or the Entertainer for any failure by the other to perform or otherwise not comply with the terms of any Booking.
- We make reasonable efforts to ensure that availability of Entertainers listed (with respect to availability and timings) are complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this respect, or that it will meet your requirements.
- Intellectual property
- All title to and Intellectual Property Rights in or arising out of or in connection with our Website shall be owned by us or our licensors (as applicable).
- All intellectual property, and in the material published on it, are protected by copyright laws and treaties around the world. All such rights are reserved.
- It is noted that any performance is the copyright of the performer. Accordingly entertainers may reserve the right to require that recordings of their performance are not made in any way at the event/function. If any such recording is made, no warranty is given by either party that the recording will not infringe the Intellectual Property Rights of any third party and in any event such recording may not be used for any commercial purpose.
- Limitation of liability and indemnity
- We cannot exclude or limit our responsibility to you for:
- Death or personal injury resulting from our negligence;
- Fraud or fraudulent misrepresentation;
- Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015;
- Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
- We will not be liable to Customers or Performers for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- If you are a consumer, 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.
- You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our Website.
- Force Majeure
- For the purposes of this Contract, a Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, failure of a utility service or transport network, personal injury or illness of an Entertainer, death of an immediate family member of an Entertainer, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental and/or local authority order, rule, regulation or direction, accident, breakdown of transport, fire, flood, storm, epidemic, pandemic or default of suppliers or subcontractors.
- The Company 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.
- In the event of the Entertainer being unable to comply with its obligations to perform due to Force Majeure, the Entertainer shall inform the Company as soon as they become aware of the Force Majeure event. The Company shall notify the Customer as soon as possible. If the Entertainer has received payment from the Company before informing us of their inability to perform due to Force Majeure they must return all payment received in relation to that event on demand.
- In such circumstances and where the event/function is still proceeding, we shall endeavour to offer the Customer an alternative Entertainer of similar ability, style and cost. We will make all reasonable attempts to provide a suitable replacement. Should a suitable replacement not be found or the replacement not be acceptable to the Customer, the Company agrees to refund the Client the balance already paid by the Customer for the booking of the Entertainer other than any administration fee/reservation fee which will not be refundable. Where the event/function is not proceeding for any reason the cancellation terms above shall apply.
- Use of personal data
- We reserve the right to change the domain address of this Website and any content, services, prices, specifications and availability at any time.
- 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.
- 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.
- 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
- The Website is controlled and operated in the United Kingdom.
- These Terms are governed by the laws of Scotland and the Scottish Courts shall have exclusive jurisdiction over legal proceedings in connection with these Terms.