Important note

Whilst these terms are reviewed periodically, they are our only official hire terms and therefore supersede any previous versions for all future events. Our terms are no longer sent separately via email except upon request. A confirmation of your event details will be emailed following your booking being confirmed. These terms also override any previous agreements and supersede any prior available information, terms, competitions, promotions or other content available via the internet or previously received by the customer from Love Candy Floss. In the event of any claims or complaints, this webpage will be the overriding factor and no historic indemnity claims based on previously available documentation will be considered acceptable

TERMS AND CONDITIONS

These terms and conditions relate to the provision of the products or services detailed in our quotation (services) by LCF Events Limited, Trading as Love Candy Floss, a company registered in England and Wales under number 10698551 whose registered office is at 124 City Road, London, England, EC1V 2NX. If you do not understand any part of these terms, please seek legal advice before confirming your booking.

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking.

Definitions

1.1 The “Client” means the person(s), organisation, company or company representatives booking any services quoted by the “Supplier”

1.2 The “Supplier” means LCF Events Limited t/a Love Candy Floss or subcontractors supplied by them.

1.3 “Dry” hire is the hire of equipment which is left unattended for the client to manage themselves.

1.4 “Booking” contracted / contracting services

1.5 “Event Date” The date contracted services have been ordered or booked to take place.

1.6 “Equipment” Any items required to provide contracted services at your event. This includes machinery, carts, performance equipment and other items relating to running the service ordered.

Confirming the Booking

2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Supplier, whether orally, electronically or in writing ("Confirmation")

2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.

2.3 The fact that a Deposit or Payment has not been made is not sufficient to invalidate the booking or acceptance of these terms.

Changes to Contract

3.1 The agreed total cost may be subject to change if any details of the contract are altered by agreement by both the Client and Supplier.

3.2 All changes to the contract must be agreed by the Client and Supplier in advance of the event date.

Payment of Fees

4.1 The Total Cost is subject to VAT, The Supplier is registered for VAT with the reference GB181180816

4.2 Expenses: Expenses such as parking fees will be invoiced within 14 days post completion of the contract.

4.3 The Client agrees to pay the Fee in accordance with these terms and conditions.

4.4 Invoices are due:

Booking an event with less than 180 days notice 100% of the booking fee will be invoiced and payment is due on receipt.

Booking an event with more than 180 days notice. 50% of the booking fee will be invoiced and payment due on receipt. (all deposits are non refundable)

The remaining balance is due

For Private clients 30 days before the event date.

For Corporate clients 7 days before the event date.

4.5 The Supplier will issue payment receipts on request of the Client

4.6 All payments must be in Great British Pounds

4.7 Non payment of an invoice does not cancel a booking.

4.8 The Supplier reserves the right to use debt collection and county court services to recover any overdue invoices, fees, charges and interest calculated at 3% above Bank of England base rate will be applied to overdue invoices.

Cancellation Fees

5.1 The Client shall have the right to terminate this Contract but will forfeit any deposits paid and be liable for 100% of the balance. Regardless of the reason for cancellation and time period to the event date.

5.2 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the service they have ordered. Non-performance of this Contract by Supplier due to venue restrictions shall result in the Client being liable to pay the Total Costs.

5.3 Government Restrictions, should government legislation prevent the Supplier from being legally able to perform their service a rescheduled date will be offered to be mutually agreed between Supplier and Client. There will not be a fee to reschedule to a new date however any costs incurred will be charged to the client.

5.4 Zero Tolerance Policy, should any representative of the Supplier suffer any abuse from clients or guests at any time during the event, they have the right to pack up and leave and the client will forfeit the fee.

5.5 In the event of the Suppliers ability to perform the services contracted is prevented. The Suppliers liability is limited to the contracted fee. No further compensation will be paid irrespective of any loss of income or other consequence.

5.6 In the event of traffic or other Force Majeure Event causing lateness or other disruption to the Suppliers ability to fulfill the contract, pro rata refunds will be offered. The Suppliers liability ends at the contracted fee.

Bookings

6.1 The Supplier agrees to provide the services as outlined by the invoice and or booking confirmation.

6.2 The Client agrees to check their booking confirmation and invoice on receipt to ensure it contains the correct information. The client agrees to notify the supplier if any detail is missing from these documents within 24 hours of receiving them.

6.3 The Supplier may make reasonable changes in line with updated legislation or updated equipment without notifying the client. Significant changes will be communicated to the client prior to the event date.

6.4 All equipment remains the property of the Supplier or Agents thereof at all times

6.5 Any damage to equipment caused by a client, the public or event guests, either staffed equipment or provided on a “dry” hire basis will be charged for and will be invoiced within 14 days of the event.

6.6 Custom Branding, the Supplier is not liable for any delays incurred by printers or couriers in the delivery of artwork or branded items on time. Clients must adhere to the artwork deadlines given at the time of order to allow sufficient time to produce branded items.

Subcontracting and Assignment

7.1 The Supplier can at any time assign, transfer, change, subcontract or deal in any other manner with all or any of our rights under these terms and conditions and can subcontract or delegate any or all obligations to any third party.

7.2 The Supplier acts as an agent in relation to booking some artists and performers and sub contracted services. Any liability claims arising from the activities of subcontractors at an event will be referred directly to the individuals involved as they hold their own insurance policies.

7.3 Should a subcontractor be unable to perform their contract, the Supplier will make every effort to secure a suitable replacement. If this is not possible a full refund will be offered. The Supplier's liability ends at the total booking fee.

7.4 All equipment sizes quoted are approximate. The client agrees to check sizes and ensure access to their venue is adequate. The supplier accepts no responsibility for being unable to gain access to the venue.

7.5 The Client agrees to check prior to the start of the event all equipment power requirements and agrees to supply power as needed. The supplier accepts no responsibility for issues arising from inadequate power.

7.6 For outdoor events, the client agrees to provide shelter from sun / rain and will notify us should this not be available prior to the event. The Supplier reserves the right to refuse service where shelter has not been provided and this causes a danger or health hazard. No refunds will be provided due to failure to undertake service due to lack of shelter.

7.7 The Supplier reserves the right to refuse delivery where a venue or site is deemed unsafe or if the client has failed to notify the supplier of obstructions that may prevent safe entry. The client agrees to notify the Supplier of narrow corridors, corners, stairs, lifts and their sizes, excessive loading distances from vehicle to event space (up to 20m walking distance from vehicle unloading to set up location is considered standard, anything over this contact the supplier) Should entry be prevented the Supplier will not issue refunds and the full fee will remain due to the Supplier.

Delayed Event Schedules

8.1 If due to the late running of or alterations to the Event schedule which is no fault of the Supplier, the Supplier is not able to perform their full service time within the schedule outlined in this contract, there will be no reduction in the Suppliers fee.

8.2 If the Event runs late and the Supplier is asked and agrees to finish later than the finish time in the booking contract, and the Supplier does not agree to an additional charge, then 10% of the total balance due per ½ hour over run will be invoiced within 14 days of the event date.

8.3 The Supplier has the right to refuse to finish later than the contracted finish time without penalty.

Re-Engagement of Services

9.1 The Client agrees to negotiate all future bookings of the services with the Supplier and not with the performer or subcontractor directly for a period of 5 years following this contract.

Additional Services

10.1 Any services, food portions, additional time agreed on the event date, whether agreed verbally or in writing will be invoiced within 14 days of the event. The client agrees to pay for any additional services provided at their event.

Insurance

11.1 The Supplier’s liability insurance covers use of the equipment only whilst booked on supervised hire. No insurance cover applies to dry hire equipment.

11.2 The Client agrees to indemnify the supplier for any damage or theft of the supplier’s equipment whilst on hire

11.3 The Supplier accept no liability for any damage or loss of personal property and or any injury arising from the use of the hired equipment.

11.4 Any equipment booked on ‘dry hire’ is not covered by the Supplier’s insurance policy and the Client is responsible for suitable insurance cover.

11.5 The client is advised to take out adequate event insurance to cover any event cancellations or force majeure events.

Liability and Indemnity

12.1 Our liability under these terms and conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

12.2 The total amount of our liability is limited to the total amount of fees payable by the Client under the contract.

12.3 The Supplier is not liable (whether caused by employees, agents or otherwise) in connection with our provision of the services of the performance of any of out other obligations under these terms and conditions or the quotation for:

Any indirect, special or consequential loss, damage, costs or expenses or;
Any loss of profits, loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or
Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services.

12.4 The Client indemnifies the Supplier against all damages, costs, claims and expenses suffered arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client, its agents or employees.

12.5 Nothing in these terms and conditions shall limit or exclude the Suppliers liability for death or personal injury caused by the suppliers negligence or any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

General

13.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

13.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.

Data Protection

14.1 When supplying the services to the Client, the Supplier may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Client.

14.2 The supplier handles Client data in accordance with General Data Protection Regulation (GDPR) and is registered with the Information Commissioners Office (ICO) The Suppliers Data protection policy is available to view at www.lovecandyfloss.com or an emailed copy can be requested from info@lovecandyfloss.com

No Waiver

15.1 No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right remedy nor stop further exercise of any other right, or remedy.

Severance

16.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain enforceable).

Law and Jurisdiction

17.1 These Terms and Conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Terms and Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Complaints

18.1 The Client agrees to notify the Supplier of any issues or complaints during the course of the services being provided to enable the Supplier to rectify any issue or complaint.

18.2 If the Supplier is unable to rectify or offer a suitable solution during the course of the service. Please telephone or Email the event manager who handled your booking immediately to inform them of the issue.

18.3 The Supplier agrees to address any issues they have been notified of during the contracted services.

18.4 All complaints must be brought to the attention of the Supplier by email or phoning the office number before the contracted service is completed.

Our Website uses cookies to track user data, this is used for our analysis of our site data, to improve our websites performance and bring content to the right audiences.

When you contact us we will reply with relevant information via the details you have given us. We do not pass on information to third parties although staff etc attending your event will of course be passed your details in order for them to contact you on the day of the event or before if needed.

All payments are processed through our merchant services providers secure servers.

All of our staff abide by the GDPR policy outlined below.

(A) The Controller determines the purposes and means of processing Personal Data in connection with its business activities;
(B) The Processor processes Personal Data on behalf of the Controller;
(C) The Controller wishes to engage the services of the Processor to process personal data on its behalf;
(D) Article 28 (1) of the Data Protection Regulation 2016/679 (as hereinafter defined and referred to as the Regulation) provides that, where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the Regulation and ensure the protection of the rights of the data subject;
(E) Articles 28 (2) of the Regulation provides that, the Processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes;
(F) Article 29 of the Regulation provides that, the Processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by Union or Member State law;
(G) In compliance with the above-mentioned provisions of Article 28 and 29 of the Regulation the Controller and Processor wish to enter into this processing agreement.

The parties hereby mutually agree the following:
1. Definitions and Interpretation
1.1 In this agreement the following words and phrases shall have the following meanings, unless inconsistent with the context or as otherwise specified:
“Appendix 1” means the appendix to this agreement and which forms part of this agreement;
“Data Protection Regulation or General Data Protection Regulation (GDPR)” hereafter referred to as the Regulation, means REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
“Controller, data controller, processor, data processor, data subject, personal data, special categories of personal data, personal data breach, supervisory authority, processing and appropriate technical and organisational measures”: as set out in the Data Protection Legislation in force at the time;
“Confidential Information” means all information disclosed by a party to the other party pursuant to this agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential, including (but not limited to), information on products, customer lists, price lists and financial information;
“Data Protection Legislation”: means the Data Protection Act 2018, which incorporates the General Data Protection Regulation ((EU) 2016/679) (GDPR); “Services” means Event Booking Services. The Services is described more in detail in Appendix 1;
“Sub-contract” and “sub-contracting” shall mean the process by which either party arranges for a third party to carry out its obligations under this agreement;
“Sub-processor” means the party to whom the obligations are sub-contracted.
2. Consideration
2.1 In consideration of the Controller engaging the services of the Processor to process personal data on its behalf, the Processor shall comply with the security, confidentiality and other obligations imposed on it under this agreement and any applicable Data Protection Legislation.
3. Processing Details
3.1 The Controller hereby confirms the processing details:
Subject matter of the processing   Personal Details
The duration of the processing   undetermined
The nature of the processing    Emails, payments, address
The type of personal data being handled   Names, addresses, Emails, Card Details
The purpose of the processing   Activities related to booking events.
The categories of data subjects to whom the personal data relates   Clients and suppliers
The obligations and rights of the data controller   Ensure Data held within the company is not shared with third parties or used for any other purpose.

3.2 Without prejudice to the generality of clause 5.2, the Controller will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Processor for the duration and purposes of this agreement.
4. A) Obligations of the Processor
The Processor agrees to:
4.1 Process the personal data only on documented instructions from the Controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the Processor is subject; in such a case, the processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
4.2 Take into account the nature of the processing, and to assist the Controller through appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the Regulation. In addition the Processor shall:
4.2.1 Promptly notify the Controller if it receives a request from a Data Subject under any Data Protection Legislation in respect of Controller Personal Data; and
4.2.2 Ensure that the Processor does not respond to that request except on the documented instructions of Controller or as required by Data Protection Legislation to which the Processor is subject, in which case the Processor shall, to the extent permitted by Data Protection Legislation, inform the Controller of that legal requirement before the Processor responds to the request.
4.3 Take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, and the Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
4.4 Take account in assessing the appropriate level of security the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
4.5 Have in place appropriate technical and organisational security measures, reviewed and approved by the Controller, to protect the personal data provided or made available by the Controller to the Processor in the context of this agreement, as required under the Data Protection Legislation. Further details, including the minimum standard of security protection, are set out in Appendix 1 of this agreement.
4.6 For the avoidance of doubt, nothing within this agreement relieves the Processor of its own direct responsibilities and liabilities under the GDPR.
4. B) Additional Obligations of the Processor
The Processor further agrees, by taking into account the nature of processing and the information available to the Processor, to:
4.7 Assist the Controller in meeting its Article 32 obligation to keep personal data secure;
4.8 Assist the Controller in meeting its Article 33 obligation to notify personal data breaches to the supervisory authority, this includes:
4.8.1 Notifying the Controller without undue delay upon the Processor or any Sub-processor becoming aware of a Personal Data Breach affecting Controller Personal Data.
4.8.2 Such notification shall as a minimum:
a)   Describe the nature of the Personal Data Breach, the categories and numbers of Data Subjects concerned, and the categories and numbers of Personal Data records concerned;
b)   Communicate the name and contact details of Processor’s data protection officer or other relevant contact from whom more information may be obtained;
c)   Describe the likely consequences of the Personal Data Breach; and
d)   Describe the measures taken or proposed to be taken to address the Personal Data Breach.
4.8.3 In addition, to co-operate with the Controller and to take such reasonable commercial steps as are directed by the Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
4.9 Assist the Controller in meeting its Article 34 obligation to advise data subjects when there has been a personal data breach;
4.10 Assist the Controller in meeting its Article 35 obligation to carry out data protection impact assessments (DPIAs); and
4.11 Assist the Controller in meeting its Article 36 obligation to consult with the supervisory authority where a DPIA indicates there is an unmitigated high risk to the processing.
5. Other Obligations for Both Parties
5.1 The Controller and Processor shall take steps to ensure that any natural person acting under the authority of the Controller or the processor who has access to personal data does not process them except on instructions from the Controller, unless he or she is required to do so by Union or Member State law.
5.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 5.2 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
6. Confidentiality
6.1 The Processor shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
6.2 In particular, the Processor agrees that, save with the prior written authorisation of the Controller, it shall not disclose any personal data supplied to the Processor by, for, or on behalf of, the Controller to any third party.
6.3 The Processor shall not make any use of any personal data supplied to it by the Controller otherwise than in connection with the provision of services to the Controller and as agreed in this agreement.
6.4 The obligations in clauses 6.1, 6.2 and 6.3 above shall continue for a period of FIVE years after the cessation of the provision of services by the Processor to the Controller.
6.5 Nothing in this agreement shall prevent either party from complying with any legal obligation imposed by a regulator or court. Both parties shall however, where possible, discuss together the appropriate response to any request from a regulator or court for disclosure of information.
7. Engaging another processor
7.1 The Processor shall not engage another processor without the prior specific or general written authorisation of the Controller.
7.2 In the case of general written authorisation, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such change and to terminate the agreement as a result of this change.
7.3 Where the Processor, with the authorisation of the Controller, engages another processor for carrying out its obligations under this agreement or other legal act, it shall do so only by way of a written agreement with the Sub-processor which imposes at least the same level of protection for the Controller as set out in this agreement or other legal act, including but not limited to providing sufficient guarantees in relation to the security of the processing on the Sub-processor as are imposed on the Processor under this agreement.
7.4 The Processor agrees to provide to the Controller for review such copies of the written agreement between the Processor and the Sub-processor (which may be redacted to remove confidential commercial information not relevant to the requirements of this agreement) as the Controller may request from time to time.
7.5 For the avoidance of doubt, where the Sub-processor fails to fulfil its data protection obligations, the Processor shall remain fully liable to the Controller for the fulfilment of that other processor’s obligations.
8. Price and payment
8.1 The Controller shall pay the Processor for the Services the amounts described in Appendix 1.
8.2 Any amount mentioned in this agreement shall be VAT exclusive.
8.3 Invoices shall be paid within a period of thirty [30] days following receipt thereof.
9. Audits and Inspections
The Processor agrees to:
9.1 Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this agreement and Article 28 of the Regulation;
9.2 Allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
9.3 The Processor shall immediately inform the Controller if, in its opinion, an instruction pursuant to this section 9 infringes the Regulation or other Union or Member State data protection legislation.
10. Term and Termination
10.1 This agreement shall continue in full force and effect for the length of your employment at LCF Events Limited.
10.2 Either Party shall have the right to terminate the Agreement, partially or entirely, forthwith by sending a written notice of termination to the other Party specifying the reasons for the termination, if any of the following events occur:
10.2.1 The other party materially breaches any of its obligations under this agreement;
10.2.2 The other party breaches any of its obligations under this agreement and, notwithstanding a written request from the non-breaching party to remedy such a breach, fails to comply with such a request within a period of thirty [30] days following such notice;
10.2.3 An event of force majeure prevails for a period exceeding three (3) months; or
10.2.4 The other party becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed.
10.3 Upon the termination or expiry of this agreement, any rights and obligations of the parties, accrued prior to the termination or expiry thereof shall continue to exist.
10.4 Within [INSERT] days following termination of this agreement the Processor shall, at the direction of the Controller, either (a) return all personal data passed to the Processor by the Controller for processing, or (b) on receipt of instructions from the Controller, destroy all such data unless the Processor is prohibited from doing so by any applicable law.
10.5 The Processor may retain Controller Personal Data to the extent required by Data Protection Legislation and only to the extent and for such period as required by Data Protection Legislation and always provided that the Processor and any sub-processor shall ensure the confidentiality of all such Controller Personal Data and shall ensure that such Controller Personal Data is only processed as necessary for the purpose(s) specified in the Data Protection Legislation requiring its storage and for no other purpose.
10.6 The Processor shall provide written certification to Controller that it and any sub-processor has fully complied with this section 10 within 30 days of the termination date.
11. Intellectual Property Rights
11.1 The Processor is and shall remain the owner of any materials used or made available in the context of the delivery of the services.
11.2 The Processor grants to the Controller a limited, personal, non-exclusive, non-transferable right to use any material provided in the context of the delivery of the services. This license is valid for the duration of the agreement.
11.3 The Controller is and shall remain the owner of any personal data supplied or made available to the Processor in the context of this agreement.
11.4 The Controller grants to the Processor a limited, personal, non-exclusive, non-transferable right to use any personal data provided only in the context of the delivery of the services. This license is valid for the duration of the agreement.
12. Governing Law
12.1 This agreement shall be governed by and construed exclusively in accordance with the national law of the Member state in which the Controller is established.
13. Entire agreement
13.1 This agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the parties.
13.2 Any amendments to this agreement, as well as any additions or deletions, must be agreed in writing by both the parties.
13.3 Whenever possible, the provisions of this agreement shall be interpreted in such a manner as to be valid and enforceable under the applicable law stated as per clause 12 above.
14. Severance
14.1 Should any provision of this agreement be invalid or unenforceable, then the remainder of this agreement shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
AS WITNESS this agreement has been signed on behalf of each of the parties by its duly authorised representative on the day and year first above written.