Terms & Conditions

Dear Couple:

We are pleased that you are interested in having your wedding in Tenerife planned by My perfect wedding! This Service Agreement allows us to start with the first planning steps of your wedding/event, which means, that  we will contact and negotiate on your behalf with suppliers according to your personal wishes, in order to offer you the most suitable options and best rates for your wedding. Please read below the terms of this services agreement. Many thanks, Nadine García Breuer.

SERVICES AGREEMENT

This Services Agreement (this “Agreement”), with effect from (the “Effective Date”) is made the day ___ of _____ 201__, between two parties:

(1) ___________________ and  ____________________, henceforth and to this end of this “Agreement”, named “The Couple”, with passport  Nº_________________________ from ______________ and passport Nº ________________________, from ______________ , respectively, whose address is______________________________________________________, in ______________.

(2) Nadine García Breuer, in her capacity as CEO of her agency “My perfect wedding”, society registered in Spain, which from now to the end of this “Agreement”, named “The Planner”.

DECLARATIONS

“The Couple”, expresses:

  1. Their intention to celebrate their wedding in Tenerife (Spain).
  2. Recognize that they are within one of the following situations: (A.2.1) We don’t have any impediment to get married in accordance with the laws of our home country, (A.2.2) We are currently married to each other, (A.2.3) We are going to get married in accordance with the laws of our home country before/after the wedding celebration in Tenerife.
  3. Understand that the wedding celebration in Tenerife has no legal effects (except a church wedding) without prior compliance with all the requirements of Spanish law to get married in a civil way, based in the Spanish Civil Code, and this is not a part of the service required.
  4. We need a WEDDING PLANNING SERVICE to meet all our needs to celebrate our wedding ceremony in Tenerife.

“The Planner”, expresses:

  1. That she offers PROFESSIONAL WEDDING PLANNING SERVICES to meet all the needs and requirements to celebrate weddings in Tenerife, in the following general conditions.

GENERAL CONDITIONS, The parties hereto agree as follows:

SERVICES

  1. “The Couple” engages “The Planner” to provide, and “The Planner” agrees to provide, in good faith the WEDDING PLANNING SERVICES on the terms and conditions set out in this Agreement.
  2. As used herein, the term “WEDDING PLANNING SERVICES” means to provide “The Couple” with consulting, advisor services, authorization to negotiate on “The Couple” behalf with suppliers, prepare quotations according “The Couple” personal desires in connection with “The Couple” wedding budget, provide personal assistance on the wedding day, coordination of suppliers on the wedding day, and advisory services to get the best price-ratio performance for the services hired here in Tenerife. In order to avoid any confusing situations or misunderstandings with suppliers, “The Couple” understands and respects that the right channel to contact, transmit information, transmit desires and negotiate to the suppliers suggested, venues and providers of services is “The Planner”. “The Couple” recognizes by this agreement the service and commercial work provided, including the time and effort invested in negotiations with suppliers, venues, hotels, etc.
  1. The scope of services to be performed by “The Planner” shall be mutually agreed to on an individual parts basis, here expressed:

Part 1: Definition of needs and wishes for the Wedding through “The Couple”, with the advice of “The Planner”, where “The Couple” shall express and define: The venue from the options offered, the estimated budget for the reception meal, needs of accommodation, desire of other services like: hair or make-up stylists, specific desire for: food and drinks, flowers and decoration, music and entertainment, photographer, and all the desires that finally compose the main idea of the wedding celebration that “The Couple” has in mind.

Part 2: “The Couple” will choose between all the wedding venues that are offered, and after preselecting with the advice of “The Planner” will choose one, two or three of the venues more adapted to “The Couple” desires and needs.

Part 3: “The Couple” will receive detailed information about the desired venues.

Part 4: After “The Couple” receive the detailed information and get an idea of what the wedding abroad could be like, and of course after reviewing and refining the details, that it fulfills “The Couple” desires, then “The Couple” have to choose the final wedding venue definitively.

Part 5: When the final venue is selected, “The Planner” has to receive from “The Couple” confirmation duly signed.

Part 6: At this point “The Planner” will start working exclusively on “The Couple” behalf. “The Planner” starts to negotiate with providers, venues and all the other suppliers to give “The Couple” a specific quotation for their personal desires and needs, for this “The Planner” may ask “The Couple” for a deposit of 99.- € only. This deposit will be deducted from your total price of “The Planner” service explained in point 4 of this agreement. For this deposit “The Couple” has an additional service, included:

With this deposit fee, if “The Couple” come over to Tenerife before starting the planning period, you will be able to take a guided tour with “The Planner” to view your three preferred venues. If “The Couple” cannot come to Tenerife before the wedding, any of “The Couple” questions will be answered by email or even in a Skype conversation (up to 1 hour).

Part 7: As suppliers normally ask for payment in advance, usually “The Planner” asks “The Couple” for 25% of   the budget as a deposit, in order to book the venue, suppliers and confirm the date, 50% of the budget a few months before the wedding, depending how much time is left until the Wedding Date, and finally the balance (another 25%) 20 days before the event takes place. All the payments and bills have to be settled before the wedding day (if one service is not totally paid before the wedding, the outstanding service will not be provided). Once “The Planner” receives “The Couple” payment, “The Couple” will immediately get a receipt by email per each payment, confirming all the services that “The Couple” have booked and the amounts deducted from the total price of the wedding.

Part 8: On the wedding day, “The Planner” provides “The Couple” with personal assistance, coordination of all suppliers hired by My perfect wedding, in order to be sure that all the services are provided within the right time, and in the form and quantity that were hired.

WEDDING PLANNING SERVICES FEE.

The “WEDDING PLANNING SERVICES” to be paid, are the equivalent amount of 10% of “The Couple” total wedding budget, but a minimum of 499€. For the calculation of the 10% such as wedding rings or wedding dress are not included. The Wedding Planning Services Fee is payable in advance at the same time when the payments described in the condition 3.7 have to be done which means in three payments: 25%, 50% and 25%.

STANDARD OF WORK

In providing the ” SERVICES AGREEMENT ” to “The Couple”, “The Planner”:

  1. shall exercise reasonable skill, care and diligence in the advices given and shall apply the highest professional standards to help “The Couple” to achieve their wedding celebration;
  2. shall observe current policies of international law about Data Protection and any other similar policies.
  3. “The Planner” may apply her own method of work and shall comply with the reasonable requests of “The Couple” while “The Couple” accepts and follows the instructions and advices expressed by “The Planner”.
  4. The visit stipulated in the Conditions 3.3.1 and 3.3.2 needs to be confirmed by appointment minimum one week before and in agreement between “The Couple” and “The Planner”.

TERM

Subject to Condition 10, this Agreement shall be deemed to commence on day ___ of ____ 201__ and shall continue until the wedding celebration is finished.

CONFIDENTIALITY

Except in so far as such matters are properly in, or come into, the public domain or part not included in this “Agreement”, “The Couple” agrees to keep secret and confidential all matters contained in this “Agreement” or relating to the way, prices, steps, advices, diligence in the advices, conversations, emails between “The Couple” and “The Planner”, and research or affairs of “The Planner”, and not to disclose any such matters to any person unless otherwise expressly provided by this Agreement, or unless he is ordered to do so by a court of competent jurisdiction.

The public domain includes personal opinions about the agency or any of its employees, even social networks, as well these opinions are published on the use of an alias or nickname.

The agency reserves the right to act in a civil or criminal proceedings against anyone who tries to harm the reputation or image of the agency or any of its employees.

Clause “NO SHOW”

In the case that, at the time of the ceremony celebration, the couple or one of the spouses is not showing up, the reimbursement of any of the previously contracted services can not be claimed from the agency or the place of celebration. Nor of the ceremony nor of the successive events of the day and/or night.

CHANGES TIMES, SPACE CHANGES AND TOTAL OR PARTIAL CANCELLATIONS BY THIRD PARTIES:

If, for reasons, the My Perfect Wedding agency (Making Solutions SL) suffers any changes in schedules, spaces or a partial or total cancellation of the event and / or services have been contracted previously through the agency For any of its clients, and that therefore the agency would be unable to fulfill its obligations of service because of third parties or for any cause not attributable to it, including any weather incident or any change in legislation, and therefore alien To its control, it remains, and thus it is expressly agreed upon by the client, that the agency “My Perfect Wedding” will be exempted from its service obligations without any liability being demanded for it, understanding that the acts of third parties are facts not controllable by the Agency and therefore not imputable to it. In the event that a change of venue, venue, or location is required, due to an unforeseen cancellation of the previously stipulated, My Perfect Wedding will try within its possibilities to offer an alternative of equal category to the client, as long as the times are within Margins to organize such change.

PHOTOGRAPHY COPY RIGHTS

Copy rights of any photographic and videographic material contracted to and released by My Perfect Wedding is property of the Agency (My perfect wedding). The author (photographer) gives all rights and expressly disclaims them in favor to the Agency (My Perfect Wedding) when the Agency is hiring the services. The agency may transfer rights to private use (non-commercial) use only prior agreement on price and payment of the services.

RELATIONSHIP BETWEEN THE PARTIES

Nothing in this Agreement shall be construed as constituting a partnership between the parties or as constituting either party as the agent or employee of the other for any purpose.  At no time shall “The Planner” represent himself or hold himself out as an employee of the “The Couple”.  The relationship between the parties is going to be ruled by the following additional terms and conditions called “TERMS AND CONDITIONS BETWEEN THE PARTIES”.  Please click here to read the “TERMS AND CONDITIONS BETWEEN THE PARTIES

TERMINATION

Notwithstanding Condition 6, “The Planner” shall be entitled to terminate this Agreement with immediate effect and without any compensation or damages due to “The Couple”, but without prejudice to any other rights or remedies “The Planner” may have, if “The Couple”:

  1. mislead with respect to the DECLARATION number A.2 of this Agreement.
  2. commits a serious breach of the terms of this Agreement which they fail to remedy within 10 days of receipt of  notice, email or phone calls from “The Planner” specifying the breach and requesting a specific remedy to meet all the requirements of the venues or suppliers.
  3. persistently neglects, fails or refuses for whatever reason to perform the advices of “The Planner” in the time and way indicated.
  4. decides to cancel their arrangements in Tenerife or refuses to keep forward to perform the complete process to organize the wedding in Tenerife. No matter the reason, some penalties can be charged for the cancelation of all the services booked with the suppliers.
  5. services which are to be provided under this Agreement are always subject to Spanish law, and any change in the law enforcement that does not allow “The Couple” of its obligations under this agreement will be grounds for termination.
  6. deicide the dissolution of “The Couple”.
  7. “The Couple” or “The Planner” becomes unfit to perform the conditions under this Agreement or incapable of  performing them adequately for a consecutive period of six weeks; or
  8. “The Couple” has a receiving order made against them, or judicial capture order.

I have read the Terms and Conditions and hereby agree to abide by the conditions.

Title: CEO My perfect Wedding.

Name & Last Name of “The Couple”

********************  Contract  Conditions  ************************

· § 1 Contract

• The existence of an contract made by mutual agreement of the client, as well as the wedding and event agency “My perfect wedding” means that the agreement provides a list of the wishes and ideas and costs.
• The final date of the contract can be lengthened by both parties (not an exercise of contractual right of withdrawal) to a maximum of 8 weeks before the event. Extensions that are 8 weeks before the event are allowed providing the wedding and event agency “My perfect wedding ‘ agrees to the extensions and the client agrees to pay separately the additional services.

· § 2 Contractual obligations

• After the initial consultation, the wedding and event agency “My perfect wedding” will provide a written quote with the contents of the event and overall cost. The customer must confirm in writing together with the agency’s ideas and check for accuracy.
• The client may commission within 14 days of receipt of the quote that the wedding and event agency “My perfect wedding” takes on the planning of the event.
• After commissioning the wedding and event agency “My perfect wedding”, the customer receives a list of unit prices.
• Changes made after the initial contract is made, that are not predicted, will be charged at an hourly rate of 35.00 EUR gross. The agreed prices quoted are inclusive of IGIC.
• The Wedding and Event Agency “My perfect wedding” is in charge of the accounts for the event partners, a contract will be obtained between the third party and “my perfect wedding” with copies being retained.
• In the case of each individual supplier, such as for example a Restaurant, group or florists, no own contracts is completed, but the individual agreements are solely made between the suppliers and customer. However, the bride and groom may issue my perfect wedding with a power of attorney after the contracting process so we may act on their behalf. “My perfect wedding” however is not responsible for the bad performance of individual suppliers.
• Both parties are obliged to report any change of name, address, legal status or bank account information.
• If the quotation proposal of the wedding and event agency “My perfect wedding” includes a location and catering, then the alteration is not permitted, i.e. the booking of the venue without catering.

· § 3 Penalty

• If part or whole of the event or service is cancelled without participating in the wedding and event agency “My perfect wedding”, the client commits themselves to the to pay a penalty fee plus the agency fee and expenses, an amount of 1.500,00 € deducting previous payments (for example, if the client had already paid a cancellation fee or design fee).
• The client is entitled to provide evidence that the wedding and event agency “My perfect wedding”, has caused damages or is working outside that contracted.

· § 4 Fees

• The fees of the wedding and event agency “My perfect wedding” are due 10 days after the receipt the invoice.
• The customer is obligated, within 10 days of signing the contract to make an advanced payment of 50% of the estimated cost, including tax to the wedding and event agency “My perfect wedding”. All payments must be made to the account provided on the invoice.
• If the payment has not been made 10 days after the receipt of the invoice then the client must make a written appeal/objection as to why the payment has not been made.
• The Wedding and Event Agency “My perfect wedding” is also entitled to compensation, if due to circumstances which are not the responsibility of my perfect wedding is responsible, the event is not on time or is not carried out.

·§ 5 Additional Services

• All services which are not specified in the contract shall be considered as additional services, in particular, this includes the preparation of other concepts, such as for example additional events. This must be agreed separately in writing.
• As an additional service also applicable to the contract is the contract extensions.

· § 6 Delay

• In case of default of contract an interest rate of 5 percent abovebase rate will be charged, if there is no legal justification then higher interest rates can be charged. The right to claim further damages is not excluded.

· § 7 Cancellation, termination

The client has a right of withdrawal only under the following clauses:
• The contract may be canceled free of charge up to 12 weeks before the event, but the deposit of 50% will not be returned.
• The Wedding and Event Agency “My perfect wedding” reserves the right to terminate the contract for one reason, if the client does not meet with their payment obligations..

·§ 8 Liability

• The Wedding and Event Agency “My perfect wedding” is liable to the client for legal or contractual liability only for willful misconduct or gross negligence. This limit does not apply to direct personal injury or property damage and the culpable violation of essential contractual obligations. In any case, liability for the Event Service “My perfect wedding” is limited to typical foreseeable damage.

· § 9 Transfer of rights and limitations

• The client can claim against the wedding and event services “My perfect wedding’ any offset and uncontested or legally established claims.
• Customer claims are limited to 6 months after the final date, from when clients learns they have the right to make the claim, and must have waited the binding legal claim preclusion period. Both parties agreed that the limitation period can be shortened to deal with any discrepancies quickly.

· § 10 Data processing

The wedding and event service, “My perfect wedding” will keep the data provided by the client confidential and will only provide the data to the third parties involved in the event.

· § 11 General provisions

• All agreements, including those of subsidiary agreements, shall be confirmed in writing by the Event Service “My perfect wedding ‘.
• If any contractual obligations are completely or partially invalid, the validity of the remaining contractual obligations shall not be affected. The parties are obligated to replace the ineffective contractual obligations by regulations.
• The contract is written in accordance with Spanish and European law, should any discrepancy arise they will be dealt with in a Tenerife court.

My perfect wedding is responsible only for intent and gross negligence, except for loss of life, limb and health, and for breach of contractual duties. The wedding event planning agency my perfect wedding is equally liable to legal representatives and agents. Liability for damage caused by third parties is not covered.

 


Tenerife | Wednesday 21/08/2019

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