TOM S BARS. OUR TERMS

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1 TOM S BARS. OUR TERMS 1. THESE TERMS 1.1. What these terms cover. These are the terms and conditions on which we supply our goods and services to you Why you should read them. Please read these terms carefully before you make a booking with us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 2. INFORMATION ABOUT US AND HOW TO CONTACT US 2.1. Who we are. We are Toms Event Bars Ltd, a limited company registered in England and Wales under company number and trading as Tom s Bars. Our address is Unit 1, Beaver Industrial Estate, 8 Airfield Road, Christchurch, Dorset, BH23 3TG How to contact us. You can contact us by telephoning us on , by writing to us at Unit 1, Beaver Industrial Estate, 8 Airfield Road, Christchurch, Dorset, BH23 3TG or by ing us at tom@tomsbars.co.uk How we may contact you. If we have to contact you we will do so by telephone or by writing to you at any address or postal address you have provided to us in your booking form "Writing" includes s. When we use the words "writing" or "written" in these terms, this includes s. 3. OUR CONTRACT WITH YOU 3.1. How we will accept your booking. When you contact us to place a booking for our bar services we will ask you for all the information we require in order to process your request (including venue details and a contact name at the venue). We will (if we are able to offer our services) call, write or you to accept your booking, at which point a contract will come into existence between you and us If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for our services. This might be because we are fully booked on your proposed hire date, or because we do not operate at your preferred venue/location, but may be for other reasons We may need to cancel your booking. Following acceptance of your booking we will make contact with the venue to confirm that it is suitable for our services. Suitability will depend on access restrictions, power supply, space (a minimum of 2m x 2m of flat surface), an ability to obtain any necessary licence and any other matters which we might reasonably consider. We shall be happy to set out our requirements if you would like us to do so. We will confirm to you once this information gathering exercise has been completed and if we cannot provide our services in your preferred venue we shall let you know as soon as is reasonably practicable. If this happens we reserve the right to charge you a reasonable sum to compensate us for work carried out to assess the venue We only sell to the UK. Our website is solely for the promotion of our services in specific areas of the UK ( Unfortunately, we do not accept bookings from addresses outside of these areas. 4. YOUR RIGHTS TO MAKE CHANGES

2 4.1. If you wish to make a change to any aspect of the services you have ordered (such as the date of the event or the venue) please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or the Minimum Spend Deposit (which is defined in clause 11.2 below), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you have the option of ending the contract (see clause 7, Your rights to end the contract) Please note that, we are under no obligation to agree to any request to change your booking, although we shall always make reasonable efforts to accommodate any request. 5. OUR RIGHTS TO MAKE CHANGES 5.1. Minor changes to the services. We may change the services: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor adjustments and improvements Whilst we shall make reasonable efforts to stock any amount and type of drink that you have requested from us before the event, we cannot predict how popular some drinks may be and cannot therefore guarantee that a specific product will be available. We will always try to suggest a suitable alternative if a particular product is unavailable. 6. PROVIDING THE SERVICES 6.1. Costs included within our standard fee. Our quoted fee shall include the cost of: (a) glass hire (where we have agreed to provide this service); (b) staff to man the bar; (c) equipment to run the bar; (d) an alcohol licence; (e) ice and fruit; (f) travel from our offices up to a radius of 25 miles; (g) rubbish disposal of bar related waste; and (h) creation of customized cocktail menu; all for the duration of up to 5 hours We shall not provide the following services: (a) any electricity or power supply; (b) Tap water, where tap water is not available; or (c) any goods or services that are not specifically set out above or which we have otherwise specifically agreed to provide to you When we will provide the services. We will only provide the services between the hours stated in our confirmation of acceptance of your booking We are not responsible for matters outside our control. If we are delayed in or cannot perform our services by an event outside our control (such as staff sickness, traffic or the interruption or failure of a utility service) then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the event. Delays caused by the venue failing to allow access up to 3 hours prior to the start of your event will for these purposes be considered to be outside of our control. Provided we do this we will

3 not be liable for delays. If we have to cancel an event due to a reason outside of our control, please see clause What will happen if you do not give required information to us. We will need certain information from you so that we can supply our bar services to you, for example, venue details including contact details of the event planner at the venue and the total guest numbers. We shall notify you of the information we need, and the date by which we need it, by telephone or . You will also be required to complete our booking form. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information at the time of booking, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result Reasons we may temporarily suspend the supply of services to you. We may have to suspend the supply of our services to: (a) deal with any abuse or injury (or any risk of abuse or injury) to staff or any other person; (b) deal with damage, or the risk of damage to, property; (c) deal with any health and safety issues; and/or (d) deal with any disturbance at the venue. We will not tolerate abuse to our staff. We reserve the right to refuse our services to anyone that is abusive or poses any risk to any person or property, or we believe to have consumed excess alcohol (and to ask any such person to leave our facilities) We work in line with the Licensing Act Guests that appear to be under 21 years of age may be asked for photo I.D. in an acceptable format and we may refuse to serve anyone that is unable to provide such I.D Access. You will be required to ensure that we have access to the venue at the time we agree with you in order that we can install our equipment and prepare our services. You must inform us in advance if there are restrictions to the venue access such as time restrictions, parking restrictions or car park height restrictions Other Suppliers: Where we provide an evening bar service and/or a Daytime Drinks Package, then we must be the sole supplier of all drinks and beverages (alcoholic or not) from the time we set out to you or is shown on our website, this must be a minimum of 5 hours. Neither you, your guests, your venue supplier nor any other person shall be permitted to bring or supply their own drinks. We reserve the right to retain all or part of your Minimum Spend Deposit to account for any loss we suffer as a result of any failure by you or any of your guests to comply with this clause. 7. YOUR RIGHTS TO END THE CONTRACT 7.1. You can always end your contract with us. Your rights when you end the contract will depend on when you decide to end the contract: (a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; (b) If you have just changed your mind about the services, see clause 7.3. You maybe able to get a refund if you are within the cooling-off period set out in clause 7.3, but this may be subject to deductions; (c) In all other cases (if we are not at fault and there is no right to change your mind), see clause Ending the contract because of something we have done or are going to do. If you are ending a contract for any of the following reasons the contract will end immediately and

4 we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.1); (b) we have told you about an error or change in the description of the services you have ordered and you do not wish to proceed; (c) there is a risk that the supply of our services may be significantly delayed or will not be performed because of events outside of our control; and/or (d) you have a legal right to end the contract because of something we have done wrong Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind to purchase our services within 14 days after the day we you to confirm we accept your booking. In such cases you shall receive a refund. However, once we have completed the supply of services you cannot change your mind, even if the 14 day cooling off period is still running. If you cancel after we have started the services, you must pay us for the services we have provided up until the time you tell us that you have changed your mind. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed(other than the circumstances set out in clause 7.2), just contact us to let us know. The contract will end immediately. If you cancel the contract more than 14 days before the event then we will charge you for reasonable compensation for the net costs we will incur as a result of your ending the contract. If you cancel your contract less than 14 days before the event then we shall reserve the right to charge you the full Minimum Spend Deposit (which is defined in clause 11.2), and any other additional charges we have incurred before you have notified us of your cancellation (such as the cost of buying stock which cannot be re-used by us). 8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or . Call us on or us at tom@tomsbars.co.uk. Please provide us with your name and address along with any reference number we have given and details of the services you have ordered. (b) By post. Simply complete the form at the bottom of these terms and conditions and post or it to us, or write to us at Unit 1, Beaver Industrial Estate, 8 Airfield Road, Christchurch, Dorset, BH23 3TG. Please provide us with your name and address along with any reference number we have given and details of the services you have ordered When your refund will be made. We will make any refunds due to you as soon as possible. If you have cancelled your booking in accordance with clause 7.3 then we shall make any refunds due to you within 14 days of you cancelling your booking.

5 9. OUR RIGHTS TO END THE CONTRACT 9.1. We may end the contract if you break it. We may cancel your booking for our services at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) you do not provide us with the correct information at the time of booking us that is necessary for us to provide our services, for example, venue details, guest numbers; (c) if we do not have exclusivity of supply at the event within the hours set out in clause 6.9; and/or (d) if any of our rules are flouted by either you or any of your guests You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract which will include additional charges to cover our costs of attending the event and our costs of obtaining any stock that cannot be re-used by us. 10. IF THERE IS A PROBLEM WITH THE SERVICES How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on or write to us at Unit 1, Beaver Industrial Estate, 8 Airfield Road, Christchurch, Dorset, BH23 3TG. tom@tomsbars.co.uk. Alternatively, please speak to one of our staff Nothing in these terms will affect your statutory legal rights. As a consumer you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. 11. PRICE AND PAYMENT Quotations. All quotations (verbal or written) will be valid for 10 days from the date of us providing them, and are based on the information you have provided (such as the venue location and the number of guests at the event). If you make any changes to your requirements, or do not accept the quotation in this time period then we may change the quotation Our Contract includes a Minimum Spend Deposit. The Minimum Spend Deposit is the amount which you guarantee to us will be spent at our bar on the date on which we provide the services. We shall confirm to you what the Minimum Spend Deposit is. Failure to meet the Minimum Spend Deposit will mean that we shall deduct an amount equal to the difference owed at the end of the event from your deposit to bring the total spend at the bar up to the Minimum Spend Deposit amount Return of your Minimum Spend Deposit. We shall pay any sum that we have not deducted from the Minimum Spend Deposit to account for any monies due to us under clauses 3.3, 6.9, 7, 9.2 and/or 11 to you (along with any other monies we owe to you) within three working days of the date on which the event has taken place (or was due to take place) unless stated otherwise. A working day means any day other than a Saturday, Sunday or public holiday in the UK where banks in London are generally open for business The cost of some of our services are subject to change, depending on the cost to us in obtaining the products at the time we purchase them. Where we are unable to give a fixed fee for any of our services we shall provide an estimated cost prior to the event and

6 shall inform you how any change to the estimate shall be calculated. We shall take all reasonable steps to notify you of any change to these prices no less than 28 days before the event. If you do not agree to these changes then you have the right to cancel your booking, but we shall be entitled to charge you for any costs we incur before we receive your cancellation We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect We reserve the right to charge you for any loss or damage to our property. We shall for example charge 1.00 for each item of glassware that is broken or not returned to us (unless the loss or damage is caused by us). We reserve the right to deduct this from your Minimum Spend Deposit When you must pay and how you must pay. We accept payment with cash, credit and debit cards, BACS transfer. You must pay the Minimum Spend Deposit and payment for any packages no less than 28 days before the date of the event. You shall pay any other amounts owing to us on the date of the event. 12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process We shall not be responsible if your venue supplier does or fails to do something that results in loss or damage to you. We shall not be responsible for any personal belongings lost or left at the event venue We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation When we are liable for damage to your property. If we are providing services in your property or another person s property, we will make good any damage to that property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to the property that we discover while providing the services. We will not be responsible for any minor scratches to the floor of the venue, drinks spillages during our provision of the services or by guests or any damage caused by the guests We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 13. HOW WE MAY USE YOUR PERSONAL INFORMATION How we will use your personal information. We will use the personal information you provide to us:

7 (a) (b) (c) to supply the services to you; to process your payment for the services and to refund you any monies owed to you; and if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us We will only give your personal information to third parties where the law requires us to do so. 14. OTHER IMPORTANT TERMS If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our services, we can still require you to make the payment at a later date We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. MODEL CANCELLATION FORM (Complete and return this form only if you wish to withdraw from the contract) To Tom s Bars (Unit 1, Beaver Industrial Estate, 8 Airfield Road, Christchurch, Dorset, BH23 3TG or tom@tomsbars.co.uk) I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] /for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date [*] Delete as appropriate Crown copyright 2013.