Under the Candlelight Ltd
Terms & Conditions
Between Clients and Under the Candlelight Ltd
The company Under the Candlelight Ltd with registered office situated at Ezekia Papaioannou 4, 7060, Larnaca, Cyprus, (hereinafter referred to as “the Agent”) offers their services of an entertainment and event services booking platform and event management and coordination services.
and
The Client is any individual, business or organisation (hereinafter referred to as “the Client”) who is looking to book the Agent’s coordination, planning, booking and events services for the booking as described above.
Collectively the Agent and the Client are hereinafter referred to as “the Parties”.
WHEREAS:
Under the Candlelight Ltd is a company incorporated in the Republic of Cyprus with company registration number HE 438460 having its registered office address at Ezekia Papaioannou 4, 7060, Larnaca, Cyprus. Under the Candlelight Ltd, through the use of its websites, its database, and its online presence, offers destination management, event planning and coordination services as well booking and agency services. Amongst the services that Under the Candlelight Ltd offers is to match service providers offering destination management, entertainment and event services for events. Under the Candlelight Ltd can handle communication, manage bookings, receive payments, hold deposits and transfer payments to entertainment acts and service providers (known as “Service Providers” in this agreement. The services that they provide are hereby known as “Services” as are the destination management, event planning and coordination services offered by Under the Candlelight Ltd).
Prerequisites
Setting Fees
Service Providers set their own pricing
We do not charge any booking fees except in the case of “Last Minute Bookings”
Our Suppliers may pay us a commission in exchange for the services we provide
Our Suppliers may pay us a subscription fee in exchange for the services we provide
Booking Process Prerequisites
The prerequisite for any booking is that the Client will receive a quote from the Agent for a Service or Services that they have explicitly requested from the Agent. If the Client wishes to book any Services, the booking process is outlined as below.
The Booking Process
Step 1 - Booking Status: Tentatively Reserve the Date
The Client informs the Agent by email or any other form of written communication that they would like to book specified Services.
The Agent will then contact the Service Provider with all the necessary details
If the Service is available on the requested time and date and the Service Provider is interested in accepting the offer, the Agent will confirm the following with the Service Provider:
The availability of each requested Service on the requested time and date and confirming the price of the Services offered
That the Service Provider will accept the booking and that the Service Provider will commit to tentatively reserving the date for 7 days which is necessary to allow the Client to make their decision. If the Service Provider receives another offer for the same date within this 7 day period, the Service Provider will consult the Agent before accepting any other offer for said date. The Booking Status is flagged as “Tentatively Reserve the Date”. The Service Provider will tentatively reserve the date for 7 days but is not obligated to reserve the date. If within this 7 day period the Client decides to not proceed with the booking and the Client communicates this to the Agent in writing the Service Provider is released from their obligation without loss to neither the Client nor Service Provider
If the 7 day period of “Tentatively Reserve the Date” expires and the Client is undecided about booking the Service or Services, the Service Provider has:
The right to be released from the tentative reservation and accept other requests for the same date.
The right to wait - if a Client is undecided and the Service Provider also has no other requests for that date, the Agent can extend the “Tentatively Reserve the Date” status for another 7 days with the express permission of the Service Provider. There is no limit to how many times this extension can be added. Any such extension requires the Service Provider’s express permission.
If the Client decides to proceed with the booking, the Booking Status will be flagged as “Tentative” (please see Step 2 - Booking Status: Tentative below)
Step 2 - Booking Status: Tentative
Once the Agent has confirmed that the requested service is available on the requested time and date at the agreed price, and the Service Provider is willing to accept the booking, and the Client decides to proceed with the booking, the Booking Status is flagged as “Tentative”
The Agent will create an invoice for the full amount and send it by email to the Client. The Client is required to pay a non-refundable deposit of 50% of the full amount. The Client has 7 days from the date of the invoice to make the payment.
The Booking Status remains “Tentative” until the 50% deposit payment has been paid. When the payment has been made and the Agent receives a proof of payment, the status becomes “Confirmed Pending Arrival of Funds”
If the Client does not send proof of payment, the status will remain “Tentative”.
Step 3 - Booking Status: Confirmed Pending Arrival of Funds
When the Client has paid the non-refundable 50% deposit for a booking, the Booking Status is flagged as “Confirmed Pending Arrival of Funds”. This Booking Status is necessary in cases where there is a delay between the payment being made and the funds arriving in the Agent’s bank account.
If the funds have not arrived in the Agent’s bank account by the due date written on the Client’s invoice and the Client has not provided proof of payment, the Service Provider reserves the right to withdraw their offer.
If the funds have not arrived in the Agent’s bank account by the due date written on the Client’s invoice and the Client has provided proof of payment, a grace period of 3 working days is granted to account for any bank payment delays. If after the 3 day grace period the funds have not arrived, the Service Provider reserves the right to withdraw their offer. If the Service Provider exercises this right and the funds arrive in the Agent’s bank account after the Service Provider has withdrawn from the offer, the Agent will return the funds to the Client minus any bank charges. If the Client prefers, the Agent can hold the funds payment for any subsequent booking(s). Please see (Step 4 - Booking Status: Confirmed below).
Step 4 - Booking Status: Confirmed
When the Agent receives the non-refundable 50% deposit, the Agent will:
Confirm the booking with the Service Provider. From this moment on, the Service Provider is committed to fulfilling the booking.
The Booking Status is flagged as “Confirmed”
A Booking Status is only considered “Confirmed” when the Agent receives the 50% deposit from the Client.
Step 5 - Booking Status: Confirmed (Final Payment)
To finalise a booking, full payment has to be made 14 days before the event. If full payment is not made by this date then the Service Providers reserve the right to cancel their agreement with the Agent and not offer the agreed Services and in this case, the Client will forfeit their deposit. Exceptions to this can only be made by prior agreement in writing between the Client and Agent in the cases where the Service Providers choose to waive their right to cancel. The subsequent paid amount is held securely until the next working day after the event and all fees owed to the Service Providers are henceforth paid in full.
“Last Minute Bookings”
Payments
All bookings where the due date for the invoice payment and the event date is 25 days or less, then the booking is considered a “Last Minute Booking” as there is not enough time for the Agent to process 2 separate payments before the upcoming event whilst ensuring the prompt payment of the booked Service Providers. In the case of last minute bookings, the Agent will invoice the Client for the full amount of the booking. The booking status is automatically “Tentative” and the status only changes to “Confirmed” when the full invoice amount arrives in the Agent’s bank account. 50% of the received full amount is non-refundable and is used as a deposit to secure the Service Providers and dates. The Agent holds the remainder securely until the next working day after the event and all fees owed to the Service Providers are henceforth paid in full.
Last Minute Bookings (14 Days or Less)
For bookings where the booking is "Confirmed" less than 14 days before the event date, an additional 10% fast-track administration fee will be applied to the total net amount of the booking excluding any Planning & Coordination Packages (see "Last Minute Planning & Coordination Packages (60 Days or Less)" below).
Last Minute Planning & Coordination Packages (60 Days or Less)
For events where the booking is "Confirmed" less than 60 days in advance and include a Planning & Coordination package, an additional fast-track administration fee of 10% - 20% will be applied to the cost of the Planning & Coordination package. The exact fee will be determined based on the size and complexity of the event, and the number of days until the event. This fee ensures that your event receives priority service and is a success.
Postponements & Cancellations
Cancellations are rare, but they can happen.
Clarification of how days are counted: Day zero (“0”) refers to the day of the event itself. Therefore, ‘1 day prior’ refers to one day before the event date. Subsequent days are calculated using this logic, with each ‘day prior’ referring to that many days before the event date.
Client-Side Postponements
Client-Side Postponement when Booking Status is “Tentatively Reserve the Date” or “Tentative”
If the Client reschedules the event for any reason whilst the Booking Status is “Tentatively Reserve the Date” or “Tentatively Booked” (which means that the 50% deposit has not arrived in the Agent’s bank account), that date is voided and the Service Provider is released from the date. If the Client wishes to change the date of the event whilst the Booking Status is “Tentatively Reserve the Date” or “Tentative”, the updated request is considered a new request and effectively goes through the booking process from the start.
Client-Side Postponement when Booking Status is “Confirmed”
If the Client reschedules the event for any reason when the Booking Status is “Confirmed” (which means that the 50% deposit has arrived in the Agent’s bank account and that the Service Provider has committed to the date) the initial date will be voided and the Service Provider has the following options:
If the Service Provider is available on the new date, and is willing to accept the booking under the same terms, then the event can simply be rescheduled.
If the Service Provider is available on the new date, and is willing to accept the booking but under different terms (e.g. the old date was in low-season, and the new date is in high-season (which means the price is different)), then the Service Provider will give the adjusted prices and terms to the Client. If the Client accepts the new terms, then the booking is rescheduled, and the Agent will invoice the Client for the difference in payment. If the Client does not accept the new terms, the Service Provider will effectively lose a Confirmed booking which means that the Client will forfeit their deposit.
If the Service Provider is not available on the new date, the Service Provider is effectively losing a Confirmed booking, and the Client will forfeit their deposit.
In some cases, the Service Provider may prefer to send a substitute Service Provider in their place, or, may ask the Agent to send a substitute Service Provider in the place and to transfer the deposit paid to the substitute Service Provider. This option is completely at the discretion of the Service Provider. (An example of this scenario is if the Service Provider knows that there will be repeat events with the same Client and the Service Provider wishes to invest in the relationship with the Client).
Client-Side Cancellations
Client-Side Cancellation When Booking Status is “Tentatively Reserve the Date”
If the Client cancels the booking for any reason when the Booking Status is “Tentatively Reserve the Date” the event is considered void with no penalty to the Client. The Service Provider has no claim of any deposit payment.
Client-Side Cancellation When Booking Status is “Tentative”
If the Client cancels the booking for any reason when the Booking Status is “Tentative” the event is considered void with no penalty to the Client. The Service Provider has no claim of any deposit payment.
Client-Side Cancellation When Booking Status is “Confirmed Pending Arrival of Funds”
If the Client cancels the booking for any reason when the Booking Status is “Confirmed Pending Arrival of Funds”, the Client is subject to the same consequences if the Booking Status was “Confirmed”. Please see (Client-Side Cancellation When Booking Status is “Confirmed” below).
Client-Side Cancellation When Booking Status is “Confirmed”
If the Client cancels the booking for any reason when the Booking Status is “Confirmed” the event is considered void which will incur a penalty to the Client:
If the Client cancels the event 30 days or more prior to the event date, the Client will forfeit 50% of the full payment, including VAT. The remainder will be returned to the Client, minus banking expenses.
If the Client cancels the event 15 - 29 days prior to the event date, the Client will forfeit 60% of the full payment, including VAT. The remainder will be returned to the Client, minus banking expenses.
If the Client cancels the event 8 - 14 days prior to the event date, the Client will forfeit 75% of the full payment, including VAT. The remainder will be returned to the Client, minus banking expenses.
If the Client cancels the event 0 - 7 days prior to the event date, the Client will forfeit 100% of the full payment, including VAT.
Exceptions to the above paragraphs (Client-Side Cancellation When Booking Status is “Confirmed”) may apply in cases where Service Providers have made purchases and/or incurred additional expenses in preparation for the event.
Service Provider-Side Cancellations
The consequences of Service Provider-Side Cancellations are different depending on the Booking Status of the event. Please see below.
Service Provider-Side Cancellations - Booking Status: “Tentatively Reserve the Date”
If the Service Provider has to cancel a booking for any reason at all whilst the Booking Status is “Tentatively Reserve the Date” then the Service Provider can pull out without any consequence.
Service Provider-Side Cancellations - Booking Status: “Tentative”
If the Service Provider has to cancel a booking for any reason at all whilst the Booking Status is “Tentative” then the Service Provider can pull out without any consequence.
Service Provider-Side Cancellations - Booking Status: “Confirmed Pending Arrival of Funds”
If the Service Provider has to cancel a booking for any reason at all whilst the Booking Status is “Confirmed Pending Arrival of Funds” the Service Provider is subject to the same consequences if the Booking Status was “Confirmed” (please see Service Provider-Side Cancellations - Booking Status: “Confirmed” below)
Service Provider-Side Cancellations - Booking Status: “Confirmed”
If the Service Provider has to cancel a booking for any reason at all whilst the Booking Status is “Confirmed”, then the Service Provider is obligated to find a replacement Service Provider that offers the same service of a similar calibre. If the Service Provider is unable to do this, the Agent will assume this task. Although the Agent will endeavour to find a replacement at the same price, it cannot be guaranteed and there may be a difference in price. In this case, the Agent will inform the Client of the exact situation before any action is taken. If in extreme circumstances a replacement Service cannot be provided, the Client will be refunded their payment for that specific Service.
Force Majeure
The Agent will not be liable or responsible to you to the extent any failure or delay is caused by or results from acts or circumstances beyond the Agent’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, personal injury or death,.
Supplier Side Requirements
For events, drinking water should be provided for the team members of all confirmed Service Providers, even if that incurs an additional cost to the Client. In the summer months, it is essential that the water is cold to ensure the well-being of the team members. For those team members of Service Providers who are required to to be present for 4 hours or more, then a crew meal or access to the buffet is required. Additionally, Suppliers who are setting up in the sun (e.g. musicians, DJs etc) shade must be provided where possible. The shade can be removed when the sun goes down.
Payment
Currency
All prices quoted are charged in euro (EUR).
Exchange Rates
Exchange rate adjustments are the responsibility of the Client. Bookings are only considered “Confirmed” when the invoiced amount has been paid in full. Any shortfall in the amount paid due to exchange rates is the responsibility of the Client and any remaining unpaid balance must be honoured before a booking can be considered Confirmed.
Bank Transfer Charges
All bank charges for payments to us are the responsibility of the Client.
Preferred Payment Method
The preferred payment method is bank transfer
Please pay to the following account:
UNDER THE CANDLELIGHT LTD
IBAN: CY10002001950000357037563205
SWIFT: BCYPCY2N
CURRENCY: EUR
For international payments we recommend https://wise.com/ for very low bank transfer fees and real exchange rates.
Alternative Payment Methods
Alternate payment methods are available by special request. If you wish to pay by the methods listed below, please write an email detailing your request to events@underthecandlelight.com
Payment cards are available if requested in writing. We accept Visa, Mastercard, American Express and China UnionPay
Payment by Apple Pay and Google Pay
For bookings over €500, there may be an additional processing fee depending on the origin of the billing card between the range of 1.3% - 2.9% as specified by the payment gateway provider. This can be avoided by paying by bank transfer.
Cheques
We do not accept cheques.
Issues
In the unlikely event that you have any issues with any of the offered services, please contact us at events@underthecandlelight.com and inform us as soon as reasonably possible to give us the opportunity to rectify the issue. We will use every reasonable effort to resolve any problems for you as soon as reasonably possible to ensure the enjoyment and timing of your event is not impacted by any failings caused by us, or your chosen Service Provider/s. You will not have to pay for additional fees to rectify a failure with any service under this clause.
We will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of the terms of this Terms and Conditions. Losses are foreseeable where they could be contemplated by you and by Under the Candlelight Ltd at the time this Agreement is entered into. We are not legally responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity). Where you are a business, to the fullest extent permitted by law we (including our Service Providers, affiliates, directors, contractors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from either the use of our website, or in connection with the performance of the Services to you.
The Agent’s total liability to the Client and any of the Clients’ representatives, agents, employees, contractors, or anyone connected to the Client arising under any signed agreement and these Terms and Conditions shall be limited to the amounts paid for Services, as invoiced.
Terms of Conditions Between Clients and Under the Candlelight Ltd Version 1.00027
Updated 04/09/2023