The contract will be between Clementine Catering (‘Company’ or ‘we’) and the Customer (stated below and hereinafter referred to as ‘Customer’, ‘you’, ‘your’). These Terms and Conditions do not affect your statutory rights.
Prices and Services
- All prices listed on the web site exclude VAT.
- If the rate of VAT increases, we reserve the right to increase the total cost of the event by the amount specified by the government, on events already booked.
- Prices include crockery, cutlery and professional uniformed waiting staff where stated on your catering package.
- Where table cloths and linen napkins are included in your catering package a supplementary charge will apply.
- If the number of guests attending exceeds the numbers originally booked, and we are able to cater for them, we will charge, at the prevailing rate, for the greater number.
- If the number of guests is less than originally booked, we will still charge for the numbers ordered.
- Final numbers of guests must be notified to us in writing no later than 14 days prior to the event. After this time if the numbers increase by up to 10 this can normally be accommodated, but this is not guaranteed and allowances can’t be made if the numbers drop.
- For a function at a venue more than 25 miles from SO32 2QQ, travel charges may apply.
- Gratuities are at your discretion.
- Unless agreed otherwise in writing the only services that we agree to provide to you are the services specified in your catering package which you have agreed to in writing.
- Our contract with you for the provision of services will be concluded when you complete the Confirmation Form and your non-refundable, non-transferable deposit is cleared funds in our bank account.
- Clementine Catering is not responsible for the safe keeping of clients’ valuables, personal belongings and gifts and we recommend that all personal items are taken home with you at the end of your event.
- Clementine Catering cannot be held responsible for any damage caused to clients’ wedding cakes.
- All deposits are non-refundable and non-transferable.
- A non-refundable, non-transferable deposit of 25% of the total cost of your catering package is required to be made to us in cleared funds, along with a completed confirmation form, before your booking is confirmed. A further 50% is required 3 months prior to the event and the final 25% is due 28 days prior to the event.
- Payment can be made by cash, cheque and BACS transfer. (Please notify us by email when making a BACS payment)
- Please make cheques payable to Clementine Catering and send to Clementine Catering, Unit 9, Lycroft Farm, Park Lane, Upper Swanmore, Southampton, SO32 2QQ.
- The Company reserves the right to charge interest (at the higher of the rate of 8% and the rate specified from time to time in the Late Payment of Commercial Debts Act on late payments).
Clementine Catering reserves the right to cancel any function or event for any of the following reasons:
- If the client or Clementine Catering becomes insolvent or enters into liquidation or receivership.
- If the event may prejudice the reputation or cause damage to Clementine Catering.
In any of these situations Clementine Catering will refund any payments made in advance, but will have no further liability to the client.
The following cancellation charges will be applied, which reflect the costs and expenses we may incur on your behalf as the function date nears, and the reduced time available to us to obtain any alternative bookings:
- The Deposit paid is non-refundable, non-transferable regardless of the length of time prior to the event you decide to cancel.
- Cancellation between three months and 28 days prior to the event – you will owe us 75% of the total contract package price.
- Cancellation between 28 days and the event date – you will owe us 100% of the total contract package price.
All cancellations must be confirmed in writing. Only once written cancellation is received will the cancellation become effective.
- Whilst every effort will be made to ensure the accuracy of quotations, prices quoted only become binding once agreed in your catering package and once the Terms and Conditions come into force. It is the price quoted in your ‘catering package’ which must be paid in full, however, the Company reserves the right to charge more for the food to be provided and / or for labour in the event that the cost of such items increases between the time of conclusion of the contract and the time of the event. In this case the price increase will only be the amount of additional cost directly incurred by the Company and any price change will be notified to you in writing as soon as possible, and in any case, prior to the event.
- All food should be consumed in accordance with the food safety guidelines. Any person subsequently consuming food, or taking food home for consumption, does so at their own risk. Clementine Catering cannot accept responsibility for food consumed outside of these guidelines.
Limitation of liability
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the contract package price and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
- Any equipment, whether owned by Clementine Catering or hired on your behalf, lost or damaged by you or any guest will be charged at the full replacement cost.
- Additional charges may apply for the hiring of specialist equipment. If so, these will be stated in your catering package.
The Company reserves the right to charge (including for any applicable increased or overtime rates) more for staffing costs should any function run on longer than initially planned or detailed in the catering package through no fault of the Company.
Corkage for wine and champagne is charged at the rate specified in your catering package. This will cover the chilling, serving, glass hire and recycling of empty bottles. A fee can be agreed upon before the event (and if so this will be stated in the quotation) so there are no hidden charges or unexpected charges after the event.
Insurance against theft, losses or damage are not included in the catering package.
Clementine Catering cannot be held responsible in any way for any unsuitable weather conditions that may arise. The normal cancellation fee will be applicable in these situations.
Limitation of Liability and indemnity
The Company shall not be liable for events beyond its control or for indirect or consequential loss or damage, and the Company’s maximum liability (whether in Contract Tort or otherwise) shall not exceed the price paid for the Services and the Customer shall indemnify the Company in respect of any loss or damage to the Company or its property that is caused by the Customer.
These Terms and Conditions shall be governed by the Laws of England and Wales and the parties submit to the jurisdiction of the courts of England and Wales. Any notice shall be in writing, including by email, to the recipient’s email address as provided herein or otherwise as provided to the other party from time to time.