Definitions:
The “User” is the person who uses our web pages and applications and confirms having read and agreed with the General Terms and Conditions for Use and Sale.
The “Client” is the person so named in the Contract form.
The “Contractor” is Recrea Service & Consulting S.L. 03599 Altea, Alicante, Spain, C/ La Quilla 22b, CIF ES B54044169, Business Registry of Alicante, Folio A-94815, Volume 2979, page 61, entry 3.
The “Event” is the main object of the contract, the celebration for which the contractor, always following the will and direction of the Client, will provide the products and/or services for which it has been retained. The date(s) and venue(s) of the event can only be altered by mutual agreement and must always be confirmed and accepted by the Contractor.
The “Planning” (detail of services/products)” is the only document that describes all the products and/or services requested from the Contractor or for which the Contractor is required to act as an intermediary with the providers. Unless otherwise expressly indicated in the contract or planning, taxes and shipping costs are not included in the price. It is understood that travel and moving expenses and lodging for the Contractor's team, staff and providers are always included if the event takes place within 50 kilometres from the 03590 Altea.
The Client can request additional services, which, if approved by the Contractor, will be included in the Planning, substituting all previous versions of such. If the client requests the contractor to search and source a service not included in the extensive catalogue of services for which the contractor has negotiated prices with suppliers, then a fixed sourcing fee of 50 € for each service shall be applicable, even if the said service is not found, or not contracted by the client. The planning can be a paper or electronic document or an online application. Any information or description not included in the Planning, whether by inclusion or through a link to an external information source that refers expressly to the event and nothing else, is only for reference. Such information is not to be considered binding to the agreement.
The “Service(s)” is any product/service described in the Planning. All images and colours are only for reference and do not imply any commitment on behalf of the Contractor, nor will they be binding to the Contract, except when they are so stated in written form, duly accepted and signed by both parties. Prices for services the client has not ordered remain valid until one month after the service has been added to the planning.
The “Provider” is any provider of products involved directly or indirectly in the execution of this Contract, even if the Contractor and the provider are the same person or organization.
Purpose of the Contract:
A contract for services through which the client subrogates the planning, services, organisation and coordination of the event for the whole event duration exclusively to the Contractor.
The Contractor acts as an independent intermediary in the sale of Service(s) between the provider(s) and the Client. The contractor warrants and agrees to execute this contract with the due diligence of an industry professional. Upon signature of this document, the Client expressly authorizes and empowers the Contractor exclusively to represent him and act on his behalf, thus allowing him to negotiate, mediate, and confirm all agreements necessary for the fulfilment of the Planning. The Client will be solely responsible for all contractual responsibilities signed by the Contractor while acting on his behalf. The Contractor acts only as a mediator.
Effectiveness of the contract
Every sale of Contractor service(s), whether made directly by the Contractor or through a distributor, shall be subject to these conditions. Discrepancies are only possible by a mutual verbal or written agreement duly signed by the Contractor. By agreeing with the Contractor, the Client accepts the exclusive use of it, even if done by direct online registration. Each contract is irrevocable and becomes effective upon acceptance by the Contractor. This applies in the case of direct online registration as well as in the case of a sale through an external consultant or a distributor resale. When an agreement for the Contractor's services is made by/through an agency or a professional other than the ultimate beneficiary of such services, the order cannot be cancelled. If the agreement is made by the physical person who is the beneficiary of such services, it may be withdrawn or cancelled without penalty or need to express motive within fourteen (14) calendar days from the date the Contractor accepts the agreement. In such case, the Client accepts to pay for the services that the Contractor may have already provided during that time, as well as for all services delivered by providers and any expense generated in the execution of the contract. Failure to exercise the right to withdraw within the set period will not be an obstacle for a later exercise of the right to withdraw or cancel when proceeding according to such right. Exercise of the right to withdraw shall not be subject to any formality as long as it can be proven in any manner permitted by law. In any case, it shall be considered valid by sending the withdrawal document. The invalidity of one or two articles, in whole or in part, can never result in the Contract being void, which will remain valid and applicable. Interpretation of this Contract as to those points that could offer differences between the contracting parties must be made taking into account what was agreed to in the rest of the documents subscribed between the parties, the conduct of the parties, the good faith of the Contract; and the current regulations in regards to consumer laws and general application.
Use of venues, facilities, materials and infrastructure
The use of venues and facilities is limited by the duration of the event, according to the planning, and never after the end of the open bar or DJ / musicians, and within the conditions of each venue. The use of the swimming pool and jacuzzi existing in the venue or the place where the event is held is attributed exclusively to the residents and persons who have rented the venue as accommodation. The use of materials, equipment, venues or installations is entirely the client's responsibility. If the client encounters any discrepancies in the materials, equipment, venues or installations, such as a state of deficiency, deterioration, dysfunction, dirtiness or any other state than what is agreed in the planning or what is to be commonly expected, then the client should report this immediately to the contractor, who will (1) confirm the complaint by e-mail to the client and (2) if possible try to solve the issue—not reporting any such discrepancies at arrival results in the acceptance thereof. The client accepts full responsibility and costs for any damages, deterioration, deficiencies, dysfunction or dirtiness of the materials, equipment, venues and installations which may occur during the event. In case of improper or unauthorized use of these installations, either by the client or third parties invited to the event, the client will assume any damage that could be caused due to such improper or unauthorized use. The client accepts full responsibility for any disturbance or complaints from owners, neighbours, authorities or others due to music, singing, shouting or others, and the consequences thereof, such as the order to stop the music or stop the event as a whole before the scheduled end, costs, fines or legal procedures as a result of such complaints, orders and/or procedures. The client explicitly exempts the contractor from such responsibility, procedures and costs, even if these disturbances or complaints are caused by or occurred during services which are part of the planning.
External or occasional venues and suppliers
An important condition for planning and coordinating a perfect wedding or event is close and frequent cooperation with the required venues and providers, most of whom are independent subcontractors.
With most of our venues and providers, we cooperate so closely that we work with them regularly and/or have pre-negotiated agreements that define the services they provide and their conditions.
If the client contracts us or later requests us to add venues or services to the planning supplied by non-accredited providers, additional conditions and possibly costs, restrictions, and limitations of responsibility and liability will apply. In such cases, it may be necessary to (1) visit the venue one or more times before, during or after the event to (a) take measurements, (b) meet with providers to plan for the event, (c) receive delivery of goods and/or services (d) prepare for the event (e) coordinate and control the collection of goods and/or services and/or (f) end cleaning and check-up of the venue (2) meet with providers. These services, unless otherwise specified in writing in the planning, are not included in the planning and are subject to additional costs. If the venue is directly or indirectly owned, rented or contracted by the client, then the client shall be solely responsible for ensuring and arranging access to the venue whenever reasonably required by the contractor. The contractor shall notify the client of such visits and costs at least one day beforehand. Refusal of the client or inability to provide access to the venue or provide a workable alternative moment, therefore, exonerates the contractor of any responsibility for these services or of the event if said services are essential to the good and timely execution of the planning and/or the event.
Additional services
If the client requests additional services before or during the event not included in 'the planning and/or in the General Conditions of use and sale, which are known and accepted by the client, the price of such services shall be listed on the 'additional services form' which he undertakes and obliges to sign said order under the following: The client commits to pay for the service(s) requested within seven working days from the written request made to Recrea Service y Consulting, SL and in the event of non-compliance with the obligation to pay, the client will be responsible for all the expenses involved in the said claim, including the fees of the Lawyer and the cost of litigation / judicial procedures if necessary.
Meteorological conditions and force majeure
The Contractor is not responsible for the consequences of any meteorological forecasts or circumstances or force majeure shortly before or during the event. If the meteorological forecasts limit the foreseen execution of the planning in such a way or make it impossible, the Contractor shall discuss the possibilities in consultation with the Client. These options depend on the chosen location and suppliers, are always subject to additional costs at the expense of the client, their availability, admissibility and practical realisation, and may consist of one or more of the options below, depending on the severity and impact of the circumstances ;
(1) purchase of (transparent) umbrellas
(2) renting tent(s) at the places of performance of the event where this is possible and permitted.
(3) moving one or more services from the schedule to an indoor location if the chosen venue has one.
(4) Moving one or more services from the schedule to an alternative location.
(5) Changing the timing of the schedule to avoid or mitigate, if possible and possibly in part, the most impactful circumstances.
(6) Postponing the event to a later date or cancelling the event. Especially in the context of the latter option, the Contractor always advises the Client to take out event insurance covering meteorological conditions and possibly force majeure.
If the meteorological conditions or force majeure were not predicted but manifest themselves shortly before, during the preparations or construction of the event or the execution of the event, the Contractor shall unilaterally, but to the best of its ability, take steps to limit the impact on the execution of the planning. This may result in an adjustment of the timing or performance of services. The Contractor is not responsible for any disruption, delay or non-performance of services. The client will bear any additional costs.
Price Adjustments Based on Consumer Price Index (CPI)
Under our agreements with providers, we negotiate prices and conditions on an annual basis. The prices reflected in our planning documents are based on the most recent agreements with our providers and remain valid until updated agreements are reached. Consequently, at the time of finalizing the planning, the total amount may be adjusted to reflect any positive difference in the Consumer Price Index (CPI) for Spain. This adjustment will be calculated based on the CPI between the month of contracting and the last published month of the index before the closing of the planning.
Contractors remuneration
The contractor's remuneration is specified and confirmed by the contractor in the planning or the contract. The agreed remuneration is based on the client's full, extensive and timely use of the tools and applications provided by the contractor, such as Yoep (Your Online Event Planner) or S.O.W.P. ( Smart Online Wedding Planner ), the planning documents, and any other application or tool the contractor deemed necessary. Extra services are charged at an hourly rate of 40 € + v.a.t. per person. All fees and commissions paid to the Contractor are non-refundable. If, during the execution of the event, the presence of members of the contracting party's team or contractual partners during lunch or dinner is required, they shall be provided with a standard menu and free drinks on-site. They shall be at the client's expense.
Payment :
The total of the invoices and payment requests for which the contractor acts as an intermediary will be paid by the Client within seven (7) calendar days via cash bank transfer to the Contractor's account. All bank charges generated by the collection of payments made by the Client when made via bank transfer will be the responsibility of the Client. The Client agrees to make the first payment within seven (7) days from the Contractor's acceptance of the Contract, and unless otherwise agreed to in writing, the budget total must be paid no later than one(1) month before the event date. Otherwise, the Contractor may put the contract on hold and thus stop its execution. In that case, the losses it may inc will be the Client's responsibility and shall be assumed expressly, without any claim to the Contractor.
If the Contract is put on hold due to non-payment from the Client, such a hold will last until the scheduled date of the Event. At such time, the Contract will be considered terminated for non-payment by the Client. The Client will be responsible for paying the Contractor for all services rendered as well as all products provided and pending payment, and any monies owed to the Contractor for damages stipulated in the Contract. In addition, both parties agree that the amounts owed will generate a Euribor +4% interest from the original due date.
1) If the Contractor requests a service for which the provider needs a partial deposit or the total sum of the cost upfront, the Client must pay for such service within the next seven (7) days after the Contractor confirms to the Client the availability of such service.
2) Any payment that remains outstanding after the event date (for example, among others, if the Client has requested additional services before or during the event) must be paid by the Client within the next 48 hours.
Event Insurance
The Client confirms that the contractor has recommended to the Client to take out event insurance through an insurance broker of the Client's choice and to cover all costs that may arise for any reason, including, but not limited to, illness or death of the Client, his partner and direct family, bad weather, force majeure or state intervention.
Cancellation of contract
If the Client wishes to terminate the contract after the expiration of the period of withdrawal to which he is entitled, the cancellation is only possible in mutual agreement with the contractor.
It shall also be possible for the Contractor to terminate the contract if the Client cancels the services, does not confirm the services, or on the event closing date has not provided the data and information necessary to ensure satisfactory execution of the event via the tools and applications provided by the contractor. In the absence of mutual agreement between the client and contractor, the Client shall be obliged to pay in full for all services ordered unless they can be cancelled, in which case the cancellation of services conditions apply, as is the client obliged to pay for the total fixed fees and commission to be perceived as if the contract would normally have been fulfilled.
Cancellation of services
Unless otherwise specified in writing, paid amounts are not refundable and cancelling a service that had been previously requested by the Client and confirmed by the provider will carry a cancellation fee according to the sales terms of the provider, with a minimum of 10% of the total price of such product or service, if cancelled twelve (12) months before the event; 20% if cancelled between nine (9) and twelve (12) months before; 30% if cancelled between six (6) and nine (9) months before; 40% if cancelled between three (3) and six (6) months before; 50% if cancelled between one (1) and three (3) months before; 75% if cancelled between two (2) and four (4) weeks before and 100% if cancelled within the two weeks previous to the event. A minimum of 100€ per cancelled service will always apply.
Changing the date of services
Unless otherwise specified in writing, cancelling a service that had been previously requested by the Client and confirmed by the provider will carry a date modification fee according to the terms of the sale of the provider, with a minimum of 50% of the fee in case of cancellation. A minimum of 100€ per cancelled service will always apply.
Change in the number of guests.
Unless otherwise specified in writing, any change in the number of persons attending the wedding by more than 10% compared to the number at the time of contracting is subject to confirmation by the provider(s) and may be subject to additional costs.
Closing of the planning
To ensure a correct and stress-free event and to allow all participants to plan and organise their services timely, the planning of the event is closed within seven calendar days upon the first request by the contractor, approximately Seven weeks before the event, but If the event date is during a period of collective vacations, such as Easter, summer ( in Spain the month of August ) or end-year holidays, then the planning closing date is moved forward by the duration of the collective holiday period. Once the planning is closed, all changes are subject to acceptance and confirmation by the contractor and the provider, and since the planning and briefing to all providers and participants have to be changed, is always subject to a cost of 50€ per change and provider. Once the planning is closed, the number of persons attending the event is final, and from that moment on, persons not attending will be charged as if they would attend. However, if the cancellations are less than 10% of the number of persons attending at the time of the closing of the planning of the event, and the cancellations are requested more than 14 calendar days before the event, providers can - and usually will - as a gesture of commercial goodwill, will allow the recalculation of the cost of their services. Changes during the last 14 calendar days before the event are not allowed, nor possible, but if by exception a change is allowed, it will be subject to a cost of 100€ per change and provider.
Termination of contract by the Contractor
The Contractor can withdraw from the execution of the contract if the Client or Principal alters the services initially listed or contracted for in the planning, suggests significant differences in the organization of the event, or does not at least three months before the event, one month after a reminder, or at the very last at the event closing date, provide the information necessary to ensure satisfactory execution of the event, in such a way that the Contractor cannot guarantee the success of the event. In case of this withdrawal, the Contractor agrees to give notice to all the providers in charge of the services already contracted for and agrees to pay said providers those amounts that the Client has already paid to the Contractor for such products or services. The Contractor further agrees to provide the Client with all the information regarding the services and providers already contracted. If the withdrawal results in the cancellation of services, either by request of the client or by the provider's withdrawal, then the cancellation of services conditions apply.
Client losses
The Contractor shall not be held responsible for losses or liabilities caused by the Client to guests or event attendees. The Contractor will not assume any responsibility for such items as food, drinks, floral arrangements, decorations or any other, whether personal or professional or any other product bought by persons other than the Contractor and his providers for the Event, previously, during or after the event. The Client shall be the only party responsible for all guests and attendees at the event, as well as their actions. The Client shall be responsible for all damages resulting from the event unless they are the result of negligence or malpractice of the Contractor, his providers, employees or agents.
Copyrights
The videos and photos produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all videos, photos and images produced. The Client may receive a copy of the hi-res digital photographs in jpg format, and the final edited version of the video file if it has been agreed upon as part of the Event Package. Images made in raw format if any, are not delivered to the client, nor are the original unedited video files. The Client may reproduce any photos or videos in any manner they like for internal and external purposes. The Client hereby grants to the contractor, photographer and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photos and videos of the Event, its guests, attendees, and officials for editorial or promotional purposes and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Contractor and the Photographer and their legal representatives and assigns from all claims and liability relating to said photos and videos.
Liability
The Contractor shall execute this contract with the due diligence expected from a good businessman. The Contractor shall not be responsible for errors or damages caused by incorrect information provided by the Client. The Contractor shall not be responsible for damages or losses caused to the Client by the providers upon delivery of products or services for which the Contractor has acted as a mere intermediary. The Contractor shall only be responsible for damages caused directly to the Client and not to third parties. Likewise, the Contractor can only be responsible for direct costs. (I.e.: those stipulated in the contract and have been paid, contracted or reserved directly with the Contractor) and never the indirect costs, including any arising damages, loss of profits or loss of savings due to business interruption, regardless of the cause; costs arising from compensation processes, damages for interest and/or delays, damages resulting from erroneous, incorrect or incomplete information by the client, and/or damages caused by information or advice from the Contractor that is not an explicit part of the Contract. The client acknowledges that the Contractor has informed him or her of any legal requirements or restrictions ( such as noise restrictions or limitations ), and that any violation of them, either by the client or attendees of the event, is the sole responsibility of the client, who shall assume any consequences, costs, fines or other thereof. The Client will compensate the Contractor for any claims made by third parties for damages and losses caused to them in the scope of this contract by the Client or by third parties acting on his behalf, or authorized by him, or by other beneficiaries by invitation of the client in receiving services contracted here. The Contractor shall provide access to all the documents required for the execution of the contract. Due to the unique characteristics of the Internet, the Contractor shall not be responsible for usage or access interruptions or other flaws due to technical problems, internal or external (I.e., viruses, service interruptions from web hosts, etc.) Interruptions caused by maintenance or work performed on the servers themselves will be considered exempt from liability. The Contractor agrees to do everything he can to reduce and correct such problems as soon as possible. In case the Client contracts providers/services himself, either to external providers or to relatives or friends, regardless if the provider of these services is financially or otherwise compensated for them, the Client must make sure that such persons or providers comply with all legal obligations required to provide these services. The Client shall assume all responsibility for them and any consequences, damages, fines or other resulting from these services and explicitly exempt the Contractor from them, even if such services appear as information in the Planning of the Event.
Dispute resolution
In case of disagreement between the parties, a friendly solution will always be attempted.
Complaints must be sent by certified mail to the Contractor's fiscal address no later than eight (8) days after the finalization of the Contract or knowledge of the alleged fault or error. The Client and Contractor expressly agree that any mutual dispute shall be solved by arbitration. Both parties involved agree that all disputes, discrepancies, issues or claims resulting from the execution or interpretation of this contract or related hereto, directly or indirectly, shall be solved definitively through arbitration in the Alicante Court of Arbitration, located in the Cámara Oficial de Comercio, Industria y Navegación de Alicante (Official Chamber of Commerce, Industry and Shipping of Alicante), which is charged with the arbitration management and the designation of arbiters, according to its Bylaws and Regulations.
Language
The full text of this contract, as well as the documents deriving therefrom, including all Annexes, have been drafted in several languages and Spanish. The Spanish version shall be considered valid and official. Should any discrepancy or divergence between versions arise, the Spanish version will supersede and replace all others for its interpretation.
Policy for the Protection of Personal Information
Under Organic Law 15/1999, from December 13, LOPD and GDPR, we hereby advise you that your personal information and email address are part of a database managed by Recrea Service & Consulting, SL., whose goal is solely commercial for sending business communications about our products and/or service. If desired, you may exercise your right to access, correct, cancel and object to the use of your information by sending an email to info@costablancaevents.org, indicating in the "Subject" line which rights you wish to exercise.
Link to the full Spanish text / enlace al texto en castellano
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