Terms & Conditions

CAPTAIN FANTASTIC ASSETS LIMITED

PROVISION OF SERVICES TO CONSUMERS

INTRODUCTION

PLEASE READ CAREFULLY

These are the terms and conditions governing our provision of services to you and our relationship with you. This constitutes a legal agreement. Please read them in conjunction with our website disclaimer, privacy policy, and cookies policy all of which can be found on our website. By using our services, you agree that you have read, understood, and agree to be bound by the contents herein.

BETWEEN:

(1) Captain Fantastic Assets Limited, a company registered in England and Wales under number 12943964, whose registered address is at 122 Ash Grove, Harefield, Uxbridge, Middlesex, UB9 6EZ (“Us”), and
(2) Yourself (“You”)

WHEREAS:

(1) We, Captain Fantastic Assets Limited, provide services at events to clients who are “consumers” (as defined by the Consumer Rights Act 2015) and we have reasonable skill, knowledge, and experience in that field.
(2) You wish to engage us to provide the services for your event (as defined in Clause 1 below), subject to the terms and conditions of this Agreement.
(3) We agree to provide the services set out in this Agreement to you for the event, subject to the terms and conditions of this Agreement.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

• “Booking” means a booking (made as set out in this Agreement) for particular services for an event and evidenced by the Booking Confirmation;
• “Booking Confirmation” means the booking confirmation emailed to you containing details of the services and the event, including the start and finish times of the services;
• “Business” means any business, trade, craft, or profession carried on by you or any other person/organization;
• “Business Day” means Monday to Friday inclusive excluding bank and public holidays in England;
• “Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this Agreement means an individual who receives or uses services from us for the individual’s personal use and for purposes wholly or mainly outside the purposes of any business;
• “Deposit” means the deposit amount stated in the Booking Confirmation, being on account of the fees;
• “Entertainer” means us or the person who we nominate to provide the services for us;
• “Event” means any party or other event arranged by you and taking place at your premises of which the services we provide for you form part;
• “Fees” means the total amount (calculated on the basis of our price list) payable for the services;
• “Price List” means our standard price list of fees for our services as quoted to you or the list of services and their prices available from our website www.captain-fantastic.co.uk;
• “Regulations” means The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013;
• “Services” means party games, magic shows, ventriloquism, puppets, face painters, bouncy castles, soft play, balloon modellers, disco dancing, art and craft activities, games/sports;
• “We/Us/Our” means the company whose name is set out above and includes all our staff (employees and agents);
• “You/Your” means the individual adult person to whom we agree to provide any services for all or part of an event for the benefit of any child/ren; and
• “Your Premises” means the premises which the Booking Confirmation states will be the venue for the event (at which we are to provide the services) being premises which are either your home or garden at your home or some other premises which you arrange to make available for the event.

1.2 Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference to a Clause of this Agreement;
1.3 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4 Words signifying the singular number shall include the plural and vice versa;
1.5 References to any gender shall include the other gender; and
1.6 References to “writing,” and any similar expression, include letters and electronic communications whether sent by e-mail, fax, text message, or other means.

2. Booking Procedure

2.1 You must be 18 or over and a “Consumer” to book any services.
2.2 We will not reserve or guarantee any time/date slot to provide services nor will we provide any services unless and until you make a Booking and pay for them as follows.
2.3 You may make an enquiry by phone or in writing or completing the enquiry form on our website outlining the services required and the date and place of the event concerned. When we receive your enquiry we will advise you of the relevant information and fees payable based on the information you have given us. 
2.4 If you would then like to proceed to make a Booking you can do this by phone or completing our Booking Form Link. All information will be relayed to you via the Booking Confirmation you receive. You must then, within 2 business days after we have responded as stated in sub-Clause 2.2 pay us the Deposit.

2.5 You are responsible for making sure that the information you provide is accurate and complete and that your confirmation email displays the correct details. If you provide us with inaccurate or incomplete information or your booking confirmation is incorrect, we will not be liable for any delay, non-performance, or incorrect performance caused by your failure to provide us with accurate and complete information.

2.6 Your acceptance of our Booking Confirmation, and your payment of those fees will be an offer to make a Booking on the terms and conditions of this Agreement for the particular services and event as detailed, but whether we accept or decline that offer will be for us to decide in our absolute discretion.
2.7 We may in our discretion accept your offer following Booking Confirmation and payment of Deposit after the expiry of the 2 business days period referred to in sub-Clause 2.4.
2.8 Only if and when you submit to us the information confirmed via the Booking Confirmation and pay the Deposit and we have responded by sending you written notice of confirmation of the Booking requested will there be a “Booking,” and only then will there be a binding contract between you and us.

3. Changes to Booking Details

You may request changes to your Party Theme, Package, Address (within close proximity of original address), length of event and any add-ons at any time before the event. We will use reasonable endeavours to accommodate any requested change, however, we shall be under no obligation to do so. Within 30 days of the event date and on receipt of your deposit you are not permitted to make a change that results in a reduction of the fee. If we do make a change requested by you, we shall be entitled to amend and increase the fees as a result of the change in accordance with the Price List, and will notify you of any such amendment to fees within 2 business days of receipt of your request for the change. If you do not accept the increased amendment to the fees then your change cannot be made and you will either have to continue with your original booking details if the event is 30 days or less away, or you may request a refund of your deposit amount paid if more than 30 days from the event.

4. Cancellation

4.1 You may cancel your Booking at any time before the Event by giving us written notice.
4.2 If you cancel your Booking 30 days or more before the event date then any Deposit paid for the entertainment provided by Captain Fantastic will be refunded in full. Deposits for external suppliers are excluded from this clause and individual cancellation terms will apply.

4.3 If you cancel your Booking within 30 days of the event date then you will receive no refund on your deposit. You may postpone your event up to 3 months ahead for an additional fee of £50. Failure to pay this £50 will result in the loss of the deposit completely.

4.4 If you inform us of any contagious disease within the week leading up to your scheduled party, we reserve the right to implement our postponement policy, which will incur a £50 fee.

4.5 If you cancel your Booking, and the cancellation is due to any fault or breach of this Agreement by you, we shall be entitled to retain any Deposit paid by you.

4.6 We may cancel your Booking at any time for any reason by giving you written notice.
4.7 If we cancel your Booking, we shall refund to you any Deposit paid by you, and we shall have no further liability to you in respect of the Booking.
4.8 We may cancel your Booking at any time if you fail to pay any sum due under this Agreement by the due date for payment. If we cancel your Booking in such circumstances, you will forfeit any Deposit paid by you, and we shall have no further liability to you in respect of the Booking.
4.9 We shall not be liable to you for any loss or damage suffered or incurred by you as a result of cancellation of the Booking, whether such loss or damage arises as a result of us exercising our rights under this Clause 4 or for any other reason.

5. Fees

5.1 The fees for the services are set out in the Booking Confirmation.
5.2 You must pay to us the Deposit within 2 business days after we have sent you the Booking Confirmation.
5.3 The balance of the fees (if any) must be paid to us not less than 14 days before the date of the Event.
5.4 All payments must be made by bank transfer to the account nominated by us in writing.
5.5 Time for payment of all fees is of the essence.
5.6 If you do not pay any sum due under this Agreement by the due date for payment, we may charge interest on the overdue amount at the rate of 4% per annum above the base rate from time to time of Barclays Bank PLC accruing on a daily basis from the due date for payment until the date of actual payment of the overdue amount, whether before or after judgment.
5.7 If you fail to pay any sum due under this Agreement by the due date for payment, we may suspend performance of the services until payment has been made in full.
5.8 All fees are inclusive of VAT.

6. Services

6.1 We shall provide the services with reasonable skill and care.
6.2 We shall use our reasonable endeavours to provide the services on the date, at the time, and at the place set out in the Booking Confirmation, but time for performance of the services is not of the essence.
6.3 We shall provide the services in accordance with all applicable laws and regulations.
6.4 We shall provide the services with due regard for the safety of all persons present at the Event.
6.5 We shall use reasonable endeavours to ensure that any Entertainer who provides the services is appropriately qualified, experienced, and competent.
6.6 If any Entertainer who we have arranged to provide the services is unable to do so for any reason, we shall use reasonable endeavours to arrange for another suitably qualified, experienced, and competent Entertainer to provide the services in their place. If we are unable to do so, we shall refund to you any Deposit paid by you, and we shall have no further liability to you in respect of the Booking.

7. Limitation of Liability

7.1 Nothing in this Agreement shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

7.2 Subject to sub-Clause 7.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement.

7.3 Subject to sub-Clause 7.1 and sub-Clause 7.2, our total liability to you arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum of fees paid by you under this Agreement.

8. Consumer’s Rights

Nothing in this Agreement affects any rights that you may have under the Regulations or any other applicable law.

9. General

9.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
9.2 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
9.3 This Agreement may not be varied except by a written document signed by or on behalf of each party.
9.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license, or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
9.5 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation, or settlement under or relating to this Agreement are not subject to the consent of any third party.
9.6 This Agreement shall be governed by and construed in accordance with English law.
9.7 Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England.