Simply Mediterranean Weddings - Terms and Conditions of Booking
Simply Mediterranean Weddings Limited - meaning "We" "Us" " Simply Mediterranean Weddings" “SMW” Terms and Conditions "Terms" "T&Cs" “Web” meaning internet, World Wide Web
Part A: General
Arrangement Fee / Deposit: Meaning the non-refundable fee we charge you in respect of our abetment, facilitation and services providing information which is directly related to the arrangement of your wedding with our wedding service providers.
Charges: means the fee you are required to pay "US" in respect of the Translation Services and / or any Legal Documentation Services we contractually agree to provide you with.
Simply Mediterranean Weddings Service: The preparatory act or measures used by "us" a database of Wedding Service providers within Santorini and Crete. Any guidance, by any means of communication to you, directly connected to
Documentation and Translation Service: the translation and legalisation services provided by Simply Mediterranean Weddings as set out in our written proposal to you.
Face to Face Consultation: the personal consultation provided by Simply Mediterranean Weddings SMW, to clients as set out in our written proposal to you.
Clients: Refers to the party engaging in and requesting our service.
Optional Services: means the Documentation, Written Proposal, Translation Service and the Face to Face Consultation.
Site: means www.simplymeiterraneanweddings.co.uk, including hyperlinks or sub-site / sub pages accessible via the/our home page.
Wedding Services Provider; a wedding services provider, including without limitation, wedding planners and coordinators, hotels, transport companies, florists, caterers, hair and beauty specialists, photographers, musicians and DJ’s whom have provided SMW with their details for inclusion as a provider of wedding services in Greece, some of which information may be provided to you on the Site or via communication between you and us.
i) We / Us / SMW; Simply Mediterranean Weddings Limited Registered No.8577253 with registered office address at 9A Leicester Road, Blaby, Leicester, Leicestershire LE8 4GR, England.
You; someone who accesses and/or uses the Site.
2. GENERAL INFORMATION
The Site is published and maintained by Simply Mediterranean Weddings Ltd, residents of the United Kingdom, these Terms apply to all visitors of the Site. When you access, browse or use the Site you accept, without limitation or qualification, the terms and conditions set out below and any additional terms and conditions of use set out in any sub page / sub-site. If after reading them you do not accept these Terms, please leave the site immediately. Simply Mediterranean Weddings reserves the right to change these Terms from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Changes made will be effective immediately after they are posted.
3. OUR STATUS
Please note that in some cases, we accept orders as agents on behalf of third parties. This will be the case in respect of those Wedding Services Providers you choose to instruct and engage to provide you with services or products in connection with your wedding in Greece. The resulting legal contract is between you and that third party / Wedding Service Provider and not Simply Mediterranean Weddings. Your contract with them will be subject to the terms and conditions of that third party / Wedding Services Provider, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
Law requires that some of the information or communications we send to you should be in writing. Our initial consultation after your deposit will be conducted face to face unless you request not to. You will be given paper copies of documentation required by you for that of legal purpose, to complete, a majority of which you can complete online. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
5. GOVERNING LAW AND GENERAL PROVISIONS
a). These terms, conditions and any document expressly referred to in them represent the entire agreement between SMW in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether verbally or in writing.
B). All disclaimers, indemnities and exclusions in these Terms shall survive termination for any reason.
C). Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this Site and/or any services offered by us.
D). The Site and these Terms are governed by English Law. The English courts will have exclusive jurisdiction over any disputes arising in relation thereto. If any part of these terms and conditions is found void and unenforceable, it will not affect the validity of the balance of these terms and conditions, which shall remain valid and enforceable.
1. COPYRIGHT AND TRADEMARKS
a). Copyright or similar rights in all design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Site is owned by Simply Mediterranean Weddings Ltd, their content or technology providers or its licensors. All rights are reserved.
b). The Site contains several trademarks, which belong to products of Wedding Services Providers, third parties or us. These trademarks are registered in many jurisdictions across the world. Save as provided in these Terms, any use or reproduction of these trademarks is prohibited.
2. USE OF SITE
a). You acknowledge that your use of the Site and submission of an enquiry form or Wedding Questionnaire does not constitute a contract or other agreement between you and Simply Mediterranean Weddings Ltd.
b). Use of the materials on the Site may only be used for your own personal use for non-commercial purposes.
c). You agree not to use the Site or Optional Services for any unlawful or prohibited purpose or in any manner that could damage, disable, or overburden the Site or interfere with any other person’s use and enjoyment of it or the Optional Services.
3. ACCESSING THE SITE AND FUNCTIONALITY
a). You access and use the Site at your own risk.
b). To the extent permitted by law, SMW are not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Site.
c). The Site is accessed via the World Wide Web that is independent of SMW. Using the Web is at your own risk and subject to all applicable national and international laws and regulations.
d). SMW reserves the right to modify, supplement, move or delete portions of or add to the Site at any time with or without notice. We agree to use our reasonable endeavours to maintain the Site in a fully operational state, error free. As we cannot guarantee that this will always be the case we do not accept any liability for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential loss or damage arising from the client or users use of, or inability to access the Site.
e). Due to the number of sources from which we obtain content and the nature of electronic distribution via the World Wide Web, we do not give any warranties in respect of the Site. All implied warranties are excluded from these conditions to the extent that they may be excluded by law.
f). We reserve the right to exclude you from the Site at our discretion.
4. IMPORTANT DISCLAIMER AND LIMITATION
a). Whilst every effort has been made to ensure the accuracy of descriptions and information contained on the Site and in our correspondence with you, we are reliant on the Wedding Services Providers and third party sources providing accurate and up to date information to us.
b). It is not always possible to control all the components of the wedding arrangements and it is possible that an advertised facility may be withdrawn or changed due to weather conditions, lack of demand or for hotel maintenance, renovation etc. Some of the photography featured within the Site is representative only and may not necessarily relate to weddings or destinations we feature. Rarely, local authorities / municipalities may change the date or time of your wedding. In this case, we will arrange in consultation with you the closest alternative date and / or time.
c). SMW provides an information service and acts as an introductory agent to wedding service providers in Greece. The assessment and selection of Wedding Service Providers remains your ultimate responsibility. We accept no liability in this respect and undertake only that in providing the SMW Service we have acted in good faith and have not been wilfully misleading.
d). We make no warranties or representations whether express or implied in relation to the services or products that the Wedding Services Providers provide or sell to you. We do not have the facility to separately supervise services provided by the Wedding Service Providers and in any event our business is to facilitate the introduction of such suppliers to you and not to manage the services carried out by them.
e). Most wedding packages are prices in Euros. In these cases we will provide you with an approximate figure in Pounds Sterling, this should be used as a guide only. As exchange rates fluctuate, the correct amount to be paid in Pounds Sterling will be confirmed to you at the time of each payment.
f). Some wedding venues may require a deposit. Please note that such deposits are non-refundable.
g). All third party suppliers of products, services or content through which we link to from the Site (which includes those Wedding Services Providers with whom you enter into a contract or arrangement) are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their web sites, including but not limited to any product liability claims.
h). Any dealings with Wedding Services Providers and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the relevant Wedding Services Provider. If you have a complaint or comment about the description, quality or content of the accommodation, this should be raised with the Wedding Services Provider concerned.
i). We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Site and/or use of or access to any other information or material via web links from this site or any inability to access or use this Site. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via Sites or supplied by an identified third party, where consistent with our applicable booking conditions. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.
j). The service provided by SMW is split into 2 areas, Planning and Coordination. The fees are determined by the number of guests attending your wedding, or event and the fees are representative to the planning and coordination elements listed within the tailored proposal.
6. LINKS AND THIRD PARTY WEBSITES
a) The Site may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave the Site, you should note that we do not have any control over that other website. We cannot be responsible for the protection and privacy of any information in which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
b) The Site may include links to other websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
7. YOUR FEEDBACK
We value your feedback and opinions on usability, navigation and accessibility. We have tested this website thoroughly and are always keen to improve the areas above with new tools. We would equally like to know if you have had any problems or would like to give us general feedback of your online experience on our site.
Part C: Terms and Conditions in respect of Optional Services
This section of the Terms tells you the terms and conditions on which we render the Optional Services
Please read these terms and conditions carefully before ordering either of the Optional Services from us. You should understand that by ordering either service, you agree to be bound by these terms and conditions.
"Documents" shall mean any document that you provide to us that are intended to be the subject of the Documentation and Translation Service.
“Final Documents" shall mean the final translated version of Documents
Each order or formal request for the provision of an Optional Service shall be referred to as an "Order".
2. PLACING ORDERS
a. We accept orders from individuals outside the UK.
b. By requesting (by email or telephone) an Optional Service through us, you warrant that:
i) You are legally capable of entering into binding contracts; and
ii) You are at least 18 years old; and
iii) You are resident in the UK.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
a. After requesting an Optional Service, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Once we received a payment to confirm a venue, or our services, constitutes an acceptance of these terms and conditions. A tailored proposal also forms a part of the Optional Service and will list your initial requirements, each item will be priced accordingly based on the current information available. Your order constitutes an offer by you to us to buy an Optional Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation (“Email Confirmation”). The contract between us (Contract) will only be formed when we receive your deposit into our bank account or a payment via SMW to your chosen venue, or supplier in resort and we acknowledge receipt of this to you by Email, Google Drive, Drop Box or Social Media Messenger. A contract will be placed into your Drop Box or Google Drive Folder upon receipt of any payment, you do not have to sign this contract, as you have agreed to the terms and conditions on our website.
b. The Contract will relate only to an Optional Service we have confirmed our supply of in the Email Confirmation.
4. CONSUMER RIGHTS – CANCELLATION
a. The Contract between you and Simply Mediterranean Weddings is concluded when we send you an Email Confirmation, at which point you commit to purchase the Optional Service specified in the Email Confirmation and we become bound to supply such Optional Service.
b. By accepting our Terms, you agree that Simply Mediterranean Weddings performance of the Optional Service(s) will commence on the Email Confirmation being dispatched to you. This means that your cancellation rights end when we commence performance of the Optional Service.
a. Times for expected provision of an Optional Service or receipt of the Final Documents are set out in the relevant Email Confirmation (Delivery Date) and are approximate only. Whilst we will use our reasonable endeavors to meet the Delivery Dates we do not accept liability for any delay in delivery. No delay shall entitle you to reject any delivery or performance or to repudiate the Contract or claim any financial compensation.
b. We reserve the right to amend a Delivery Date and will make all reasonable efforts to contact you if there is any change in the Delivery Date.
6. PRICE AND PAYMENT
a. The Charges (including disbursements and third party fees) for provision of the Optional Services will be as quoted in our email to you.
b. These prices exclude VAT which will be added if applicable.
c. The Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Email Confirmation.
d. Payment for the Optional Services must be made by bank transfer or a cheque at the time of order and the work will only be carried out once we have received cleared funds.
e. The Final Documents and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of Simply Mediterranean Weddings until Simply Mediterranean Weddings shall have been paid in full for provision of the Optional Services.
a. You represent and warrant that you own or are a licensee of the Document(s) and all components thereof, and that translation of the Document(s) and publication, distribution, sales or other use of the deliverable shall not infringe upon any copyright, trademark or patent, or other right of any third party.
b. The Client represents and warrants that Document(s) submitted to Simply Mediterranean Weddings is/are of good quality and free of errors or spelling mistakes.
c. All Documents must be suitable for the purpose intended and should be delivered to us in such format(s) and such time as we shall specify.
d. We shall not be responsible for delay in delivery due to failure to deliver any Documents in a timely manner or proper format, or for you to carry out agreed reviews or other agreed procedures.
e. We reserve the right to charge you for any corrective work carried out to documents to make them fit for purpose.
8. SERVICE LEVEL AND WARRANTY
a. The Optional Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
b. We will use all reasonable skill and care in selecting translators, interpreters and other personnel used to translate and perform the Optional Services.
c. We warrant that the translation element of the Documentation and Translation Service will meet reasonable standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text, but not proofread by a second translator).
d. No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Optional Services or the translations of Document(s) shall be incorporated unless expressly set out in these Terms.
e. You have 48 hours from receipt of the emailed copies of the Final Documents to inform us of any errors or omissions contained in the translated work. We will make the necessary corrections free of charge and within a reasonable timeframe.
f. We will not be liable to correct any errors or omissions that were inherent in the original Document(s) and which may or may not affect the quality of the Final Document(s).
h. The final documents will be sent to the relevant Wedding Services Providers by registered post.
9. IMPORTANT NOTICE - LIMITATION OF OUR LIABILITY TO YOU.
a. Our liability to you under any Contract shall not exceed the price payable to us by you under the Contract to which any claim relates.
b. We shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of use, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever.
c. Paragraphs 10(a) and (b) above do not include or limit in any way our liability:
i. For death or personal injury caused by our negligence;
ii. Under section 2(3) of the Consumer Protection Act 1987;
iii. For fraud or fraudulent misrepresentation; or
iv. For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
g. We reserve the right to refuse to translate any Document(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by us, whose decision in all matters shall be binding and conclusive.
10. EVENTS OUTSIDE OUR CONTROL.
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
b. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors’ to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
When entering into a contract with us you agree on behalf of your entire party that any photographs or video of your wedding may be used by us for our reproduction in any publication, presentation, sales or marketing communication (including email or any other electronic communication) or campaign without limitation and to the extent necessary you license us to utilise any images in whole or in part for any and all such or related purposes.
12. IMPAIRED MOBILITY:
Please advise us at the time of enquiry if you or any of your party may require special assistance due to any disability. We will endeavour to accommodate your requests however, it is important for us to have any information in advance in order to establish if your chosen arrangements will be able to accommodate you and your party. Please do not hesitate to call our Customer Services Department in order to discuss any potential requests and for us to advise you accordingly.
When you book wedding arrangements through us, you accept responsibility for the proper conduct of all members of your party in respect of your wedding arrangements. The wedding venue reserves the right at any time to terminate the wedding arrangements if any member of the party’s behaviour is such, in the reasonable opinion of the wedding supplier or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative wedding arrangements) you may incur as a result of your wedding being terminated. If you cause damage to the wedding venue, you must fully reimburse the wedding supplier provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the wedding supplier or any third party as a result.
14. OUR RESPONSIBILITY FOR YOUR BOOKING:
i. We have a duty to select the wedding arrangements providers with reasonable skill and care. We have no liability to you for the actual provision of the wedding arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens pre or post your wedding or any acts or omissions of the wedding provider (or supplier) or others. Similarly, we will not incur any liability in the following situations: where the wedding arrangements cannot be provided as booked due to circumstances beyond our control not limited to but including the circumstances in clause 15 and in cases of injury or illness through no fault of our own and your wedding arrangements must be rearranged as a result.
ii. where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
iv. where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your wedding arrangements that were payable to us for our fees. This limit does not apply to cases involving death or injury.
15.BOOKING YOUR OWN SUPPLIERS:
Due to the nature of the industry, we accept that the Client/s may wish to book and source their own independent suppliers/vendors. We / SMW are not responsible for any of bookings made by the Client/s outside of the contract agreement, namely the itemised proposal. If a Supplier or Vendor cancels, fails to deliver, closes down or follow through on the service requested and paid for directly by the Client/s, SMW cannot be held responsible.
16. IF WE CHANGE OR CANCEL YOUR BOOKING:
It is unlikely that we will have to make any changes to your wedding arrangements, however, as your arrangements are usually planned months in advance, on occasion we may be forced to make changes and we reserve the right to change or cancel your booking at any time if necessary. Most changes will be minor and we will advise you (or your travel agent) as soon as we are aware of any changes. Subject to the note below, if we make a change and you don’t want to accept it, you can accept any alternative wedding arrangements we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive) or a refund of the money you’ve paid to us. This does not apply where the change is not material. Examples of non-material changes include, but are not limited to, temporary withdrawal of facilities or seasonal unavailability of amenities. Subject to the note below, if we have to cancel, again we may be able to offer you an alternative. If you accept it, you would pay the difference if it was advertised at a higher price than your original wedding arrangements, or receive a refund of the difference if it was advertised at a lower price. Or we will refund the monies you have paid us for your wedding arrangements. We will not be responsible to pay any compensation following a change or a cancellation by us. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative wedding arrangements will be paid by us.
IF YOU WANT TO CANCEL YOUR BOOKING:
The person that made the booking or your agent must put this in writing to us, by email, fax or post quoting your booking reference. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee.
Cancellation fees: If you cancel (this is the date on which we receive your written notice of cancellation during the hours of 9am to 5.30pm):
More than 3 months before your wedding: Full deposit may be lost
Less than 3 months before your wedding, full payment will be lost
Cancellations directly related to SMW must be warranted and directly related to the business performance of SMW, such as:
Failure to provide an adequate service
Failure to provide reasonable and expected performance
Failure to notify the client on a regular basis of any operational updates. A regular basis is determined on how close, or far away the wedding is.
Any cancellations not provided in writing may result in legal action being taken by SMW in order to recoup the planning fee or any payments and deposits outstanding.
It is your responsibility to ensure that you are adequately insured. We strongly recommend that you take out insurance, which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.