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 Ltd. You will be required to accept these Terms when making any booking.
This website is owned and operated by Coast Entertainments Ltd. (the “Company”, "we", "us", "our"), registered number SC424677, whose registered office is at 152a High Street, Irvine, Scotland, KA12 8AN. 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: Bookings: the booking of Entertainers for weddings, events and functions made available via our Website, telephone or email.
Charges: the charges payable by the Customer for Bookings purchased via our Website, telephone or email in accordance with Clause 5 below.
Customer: the person(s) or firm (including business and corporate clients) who makes a booking via the Website, telephone or email.
Entertainers: bands / performers who provide entertainment during the event / function for the purposes of this agreement.
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 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 using the Website and making a Booking you are agreeing 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.
- Use of the Website includes accessing or browsing the Website.
- A written contract will be issued to confirm the details of every Booking. This will constitute a legally binding agreement which will incorporate the Terms of this agreement. By signing the contract the Customer / Entertainer formally agrees to be bound by its contents.
- 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 you use it.
- You are responsible for making all arrangements necessary for you to have access to the Website.
- You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
- 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.
- Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
- 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 non-refundable deposit is required in order to secure your specified date. The deposit can be paid either by debit/credit card or by bank transfer if making a booking directly with the office. If you are booking through the website the deposit is paid through a popular payment gateway.
- Once your deposit has been paid and the Entertainer has confirmed, we will issue your booking confirmation paperwork. This will occur 24/48 hours after booking.
- If a Customer wishes to book the same Entertainer for a future Booking (“Repeat Entertainer”), we require individual, business and corporate clients to re-book a Repeat Entertainer through Coast Entertainments.
- Charges and Payment
- Deposit Payment
We require private clients to pay a non-refundable deposit when booking Entertainers for events / functions of a private nature (including but not limited to weddings). This deposit is agreed directly with each band. For the avoidance of doubt, a private client is deemed a Customer who is not a business or corporate client.
- On request, Coast Entertainments may agree to the Customer paying half the usual deposit at the time of contracting to secure the date, with the balance of the deposit to be paid within 30 days. Coast Entertainments reserves the right to decline any such request.
- In most cases, deposits 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 via bank transfer into our client holding account 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, Coast Entertainments 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 the Premium Content and the Charges at any time. 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 or change made to Subscriptions within a reasonable period before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described below in these Terms.
- 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.
- 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.
- 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 forgo any agreed breaks.
- Should the Customer choose to change the venue or date of their event, the Company and Entertainer will endeavour to accommodate such changes. However, in the event that the Entertainer is not available on the new proposed date or the venue is deemed unsuitable by the Entertainer or Company, the booking will be cancelled, the deposit is non-refundable and the cancellation terms will apply.
- Use of Deputy Performers
The band/entertainment that is booked will comprise of the standard lineup of musicians as advertised to Coast Entertainments Ltd and the client. However, in the event that a member of the entertainment lineup 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 a high professional 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. 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 deposit only if cancellation occurs 121 + Days from the /event date.
- Pursuant to clause 7.2, 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 only.
- All cancellation fees must be paid within 7 days of cancelling the event. Cancellation fees can be paid by bank transfer or via paypal (there will be a charge of 3% for paypal transactions).
- In the event that the Customer fails to pay the cancellation fees in accordance with these Terms, and unless other payment terms have been agreed between the parties, without prejudice to any of its other rights Coast Entertainments reserves the right to serve the Customer with a statutory demand for payment. In the event that a statutory demand is not appropriately resolved within the time specified therein, Coast Entertainments reserves the right to bring court action for damages for breach of Contract.
- The Entertainer may only cancel an agreement due to a Force Majeure event as described/set out in Clause 11 below.
- If the Entertainer cancels due to circumstances not related to Force Majeure, the Entertainer must compensate Coast Entertainments Ltd by means of a fee equivalent to the deposit paid by the Customer plus a £75 admin fee. The fees must be paid to Coast Entertainments Ltd within 48 hours of notification.
- As Coast Entertainments Ltd effectively acts as an Agency, our involvement in any agreement is strictly as a negotiator of terms between the Customer and the Entertainer.
- Coast Entertainments Ltd takes every reasonable precaution to ensure agreements are fulfilled between the Customer and the Entertainer, however we can not be held accountable for breach of any contract.
- We make reasonable efforts to ensure that the performances 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, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- 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.
- When you make a Booking via our Website, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Premium Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in our Website or its content (including any material that we may licence from third parties).
- You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The licence granted to you under Clause 9.3 is subject to the following usage restrictions and/or permissions: you may not (and may not assist or facilitate any third party to) copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the content (or any part of it) or make it available to the public except as permitted under Clauses 9.4 and 9.5). In particular, these exceptions cover the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
- You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No licence is granted to you to use any of our trademarks or those of our affiliated companies (as applicable).
- You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a material breach of these Terms.
- 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;
- Action pursuant to section 2(3) of the Consumer Protection Act 1987
- 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 order, rule, regulation or direction, accident, breakdown of transport, fire, flood, storm 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 cancelling the agreement 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 before informing us of their cancellation due to force majeure they must return all payment received in relation to that event within 48 hours.
- We will 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 deposit and any further Charges already paid by the Customer for the booking of the Entertainer.
- 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 Scotland.
- 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.