1. Making a booking
   1. 1. You may make a booking enquiry by phone, in writing or by completing the enquiry form on the Website outlining the details of the Event including the date and place of the Event concerned. 
      2. When we receive your enquiry, we will respond to let you know provisionally whether we are able to provide the Performance that you require on the date, at the time, and at the place required, we will also advise you of the Fees payable based on the information you have given us, and we will ask you to complete the Booking Form.
      3. If you would then like to proceed to make a Booking, you must fully complete, sign and return / submit the Booking Form to us and also pay us the Deposit when you return / submit the completed Booking Form to us.
      4. You are responsible for making sure that the information and requirements set out in the Booking Form is accurate and complete. If you provide us with inaccurate or incomplete information or requirements in the Booking Form, we will not be liable for any delay, non-performance or incorrect performance caused by your failure to provide us with accurate and complete information or requirements.
      5. By completing and returning/submitting the Booking Form to us, you confirm that you accept, and agree to be bound by, these Terms and Conditions and that you have included in the Booking Form all of the information and requirements that you wish to communicate to us
      6. Your return/submission of a Booking Form to us, and your payment of the Deposit (and balance of Fees where sub-clause 3.1 also requires the balance to be paid) will be an offer to make a Booking on these Terms and Conditions for the particular Event as detailed in the Booking Form, but whether we accept or decline that offer will be for us to decide in Our absolute discretion.
      7. Sometimes we reject booking requests for example because we are not available on the date of your Event or we are unable to provide the Performance that you have requested.
      8. When we accept your Booking  and you pay the Deposit to us the Contract for the event will come into existence. This Contract constitutes a complete and binding agreement between you and us.
      9.  
2. Changes to Booking Details
   1. You may request changes to your Booking at any time before the Event. We will use reasonable endeavours to accommodate any requested change, but we shall be under no obligation to do so. If we do make a change requested by you, we shall be entitled to amend the Fees as a result of the change and will notify you of any such amendment to Fees within 7 Business Days of receiving the request to make the change. After that notification:
      1. if you accept the amended Fees, you may confirm the change and the amended Fees to us in writing; or
      2. if you are not willing to accept the amended Fees, you may confirm to us in writing either that you wish to:
         1. be provided with the Performance at the original Fees agreed and without the requested change; or
         2. cancel your Booking on and subject to the cancellation provisions in these Terms and Conditions; or
         3. if you do not let us have any of the above confirmations within 7 Business Days after we notify you of the amendment to Fees, the Booking shall remain unchanged and we will provide the Performance at the original Fees agreed and without the requested change. 
3. Fees and Payment
   1. After you have paid us the Deposit, you must pay us the balance of the Fees in full and cleared funds by no later than 60 calendar days before the Event, but if the Booking is made less than 60 calendar days before the Event, you must instead pay us the total amount of our Fees at the time that you make the Booking. We will issue an invoice for the Fees.
   2. You may pay us the Fees for the Event using any of the following methods:
      1. Credit or debit card
      2. Electronic transfer to our bank account
      3. PayPal.
   3. If you state anything in the Booking Form which we were not aware of when we previously quoted the amount of Fees payable and we decide that it necessitates altering the Fee quoted, we will advise you of the revised Fee amount and ask you whether you still wish to proceed. Unless you confirm in writing that you do wish to proceed and  pay the revised Fee amount, we will not accept the Booking.
   4. If the number of the guests attending the Event is more than 25% higher than the approximate number of guests stated on the Booking Form, we reserve the right to charge you additional Fees where we have adapted the Performance to cater for the increased number. If we decide to charge that additional amount, we will tell you at the Event and give you an invoice for that additional amount within 2 Business Days after the Event. That invoice will be due and payable within 14 Business Days after we give it to you.
   5. The Fee is fully inclusive of all Band member expenses and travelling expenses to and from the Venue, unless otherwise stipulated in the Contract.
   6. If you require us to play or arrive outside of the agreed times in the Booking Form this can be arranged at a price agreed with the Managing Director subject to the Venue’s time limit.
4. Legal right to change your mind
   1. If you are a consumer you have a 14 day cooling off period after the date the Booking is confirmed to change your mind about the Booking, but you cannot cancel a Booking once the Event has taken place, even if this is within the 14 day cooling off period.
   2. If you change your mind as permitted by clause 4.1 please contact our Managing Director (+44 (0)115 666 8276 & bookings@thedistractionsband.co.uk) or fill in the online form (www.thedistractionsband.co.uk/cancellation).  We will refund any sums paid as soon as possible and within 14 days of you advising us that you have changed your mind. The refund will be paid using the same method and to the same account/card that you used for payment. No fee will be charged for the refund.
      
      
5. Cancellation
   1. You may cancel the Event before the Event Date by giving us written notice. If you do this we will provide a refund of the amounts paid by you less a cancellation charge as follows:
      
      

      Within 14 Days of Booking in accordance with clause 4 – Full Refund

      More than 60 days before the Event Date – Deposit Fee

      Less than 60 days Before the Event Date – 40% of total booking fee

      Less than 30 days Before the Event Date – 100% booking fee

   2. If, due to exceptional circumstances including, but not limited to, illness, accidents, or bereavement affecting either you or the person for whom the Event has been arranged, or your inability to run the Event due to non-availability of the Venue, you cancel the Event without giving us at least 30 days’ prior notice, we will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that we are entitled to make under this Clause 5.
   3. We may cancel your Booking if you have not paid all of the Fees due to us as set out in the Booking Form by the due date for payment. If this happens no compensation or refund will be due to you and legal action will be taken to recover any monies due to us.
   4. No compensation shall be payable to you by us for any day upon which the Booking shall be suspended or cancelled by reason of force majeure. By force majeure we mean any event or circumstance which is beyond the control of either party. If this happens the party affected by force majeure will let the other party know as soon as possible and will provide updates as to what can be done to reduce any delay. If the delay is likely to be substantial the other party may notify the affected party to end the Contract.
   5. In rare circumstances we may cancel your Booking if we are unable to supply performers for reasons beyond our control on the date of your Booking. We will only do this as a last resort if we are unable to source replacement performers from our own roster. If this happens we will give you as much notice as we possibly can; we will refund the Booking Fee paid as at the date of cancellation; and we will do our best to make a recommendation of an alternative band available on the date of your Event.
   6. We may immediately terminate provision of the Performance if:
      1. any act or omission or conduct of any person(s) at the Event in our opinion renders it unreasonable for the Band to continue or it amounts to your breach of these Terms and Conditions; or 
      2. weather conditions make it unsafe, impracticable, or unsuitable to provide the Performance outdoors and you do not have a suitable back up plan to use an indoor area at the Venue.
         

         You will not be entitled to any refund of all or part of the Fees for the Performance not completed as a result in such a case.

6. The Performance
   1. We will provide the Performance:
      1. with reasonable skill and care;
      2. in accordance with all applicable statutory and regulatory requirements;
      3. in accordance with the description of the particular type of Performance required as set out in the Booking Form; and
      4. in a format and with content which we decide unless the Booking Form states that we will accept music requests, then if at least 14 days before the Event you submit a music request list for particular items of music, we will endeavour to include them, but we will have no obligation to endeavour to meet any requests received at the Event or less than 14 days before the Event;
   2. If a singer/musician/performer is not able to perform at the Event due to an unforeseen circumstance outside of our control, we reserve the right to replace the singer/musician/performer with another similar and high quality individual without infringing the terms of the Contract. We will notify you as soon as possible but any such change will not allow you to terminate the Contract.
   3. Unless otherwise stated in the booking form, We will provide all equipment for the Performance, in particular all musical instruments, amplification, mixers, microphones, PA system, lighting, power extension cables, and staging, required to provide the Performance.
   4. We warrant that all of our equipment is in good working order; has current P.A.T. tests; is fit for its purpose: and that no part of the Performance under our control is likely to be a danger to the artiste/s or any other person/s.
   5. The Band will not be responsible to provide, lead, or supervise, any entertainment other than the Band’s own Performance.
   6. We have Public Liability insurance up to £5 million (a copy will be provided to you on request).
   7. The Band or DJ shall be suitably and tidily dressed during the Performance.
   8. We require a room or other suitable area for the Band or DJ to change in. If this is not possible due to Venue constraints please agree this with the Managing Director no later than 48 hours before the Event.
   9. The use of any of our equipment or instruments by any of the guests at the Event is not allowed unless permission is given by the Managing Director.
   10. You must make sure that there is a sufficient legal free of charge parking facility close to the performance area for at least one large vehicle. You must also make sure that the unloading and loading area is no further than 100 yards from the performance area.
   11. The Band requires sufficient time as possible to unload, setup and test the equipment before your Event. For Evening Events we will arrive no earlier than 6.00pm and finish no later than 12.00am on the same day (any additional time will be chargeable). For Full Day Events we will arrive no earlier than 10.00am and finish no later than 12.00am on the same day (any additional time will be chargeable, unless otherwise stipulated in the Contract). It is estimated that we will need approximately 1 hour after the performance to dismantle all the equipment and load. It is your responsibility to make sure that the Venue managers are aware of this requirement.
   12. We and the Band will provide reasonable cooperation and liaison (before and at the Event) with any third parties who you notify us will be providing any other entertainment or other services at the Event provided that we are not required to provide any services other than providing the Performance.
   13. Where the Venue has a sound limiter installed, but, in breach of sub-clause 7.8 below, you fail to advise us in writing of that installation before we accept the Booking, then if the sound limiter prevents altogether or adversely affects the Band’s provision of the Performance over any or all of the period that we agreed it is to provide the Performance, you accept that risk, and consequently we will not in that event be in breach of contract and you will not be entitled to any refund of Fees.
   14. We will ensure that the Band will comply with any reasonable request by you to adjust the sound volume level of any equipment used by the Band provided that you accept that doing so may affect the quality of the Performance in particular any un-amplified instruments in the Line Up.
       
       
7. Your responsibilities
   1. You shall, or shall ensure that the Venue shall, be responsible for the provision of a safe and adequate source of mains electricity in the performing area.
   2. It is entirely your responsibility to make sure that the performance area is suitable for the Band. It must be a safe, dry and level performance area. The temperature of the performance area must not be below 15 degrees Celsius or over 38 degrees Celsius. If the temperature falls outside of this range during set up or performance the Band may collectively refuse to perform and Fee will not be refunded.
   3. If The Distractions Band are unable to setup or start performing at the agreed times as indicated on the Booking Form for reasons beyond their control, we will not be obliged to extend the performance or finish performing at a later time than agreed.
   4. You must ensure that the Venue is empty of audience/guests for a period of at least 15 minutes up to the Start Time of the first set of the Performance stated in the Booking Form so that the Band can carry out a full volume sound check before that Start Time. you accept that, as a consequence, sound may be audible in other rooms at the Venue
   5. Neither you nor any other person attending the Event shall gain access to, use, or interfere with any microphone or other equipment belonging to us or the Band without the Band’s express permission. you cannot assume that permission will be given to you or any such person to use any such equipment for any aspect of the Event or other purpose.
   6. If you or any other person (other than the Band) at the Venue negligently causes damage to equipment or other property belonging to us or the Band, you must reimburse us for the cost of repairing/replacing the equipment or property up to a maximum total amount of £30,000 for all items;
   7. You shall not, and you shall not permit any person at the Event to record, reproduce, or transmit from the Venue, in any manner or by any means whatsoever any of the Band’s performance, unless and except as we may expressly agree in writing;
   8. Where the Venue has a sound limiter installed, you must advise us in writing of that installation before you submit/return the Booking Form, to enable us to decide whether or not we will accept the Booking on that basis.
      
      
8. Liability – Consumer Client
   1. Whilst we endeavour to ensure that the form and content of entertainment comprising the Performance will be enjoyable for the guests at the Event, and we endeavour to cater for any age range of guests and musical taste/s or requirements stated in the Booking Form, we will not be responsible or liable if you or the person for whom the Event is arranged, or any other person/s either do not enjoy the Performance.
   2. We are responsible for losses suffered by you or caused by us breaking this Contract unless the loss is:
      1. Unexpected. It was not obvious that it would happen and nothing that you said to us before it accepted the Booking meant we should have expected it (so, in the law, the loss was unforeseeable).
      2. Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 5.4.
      3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
      4. A business loss. Our liability for any loss that you suffer in connection with your trade, business, craft or profession is limited, as described in clause 9.
9. Liability – Business Client
   1. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
   2. Nothing in this Clause 9 shall limit your payment obligations under the Contract.
   3. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
      1. death or personal injury caused by negligence; and
      2. fraud or fraudulent misrepresentation.
   4. Subject to Clause 9.1 (No limitation in respect of deliberate default) and Clause 9.3 (Liabilities which cannot legally be limited), our total liability to you for all loss or damage shall not exceed £5,000 or the total amount of Fees paid under this Contract.
   5. The following types of loss that are wholly excluded:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. indirect or consequential loss.
         
10. Personal Data

    1. 1. We will only use any personal data that you provide as set out in our Privacy Notice as available on the Website.

11. Complaints and Feedback

    1. We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that your experience as our Client and that our Performance is enjoyable, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about the Performance or any other complaint about us, please raise the matter with our Managing Director who can be contacted by Email (complaints@thedistractionsband.co.uk or phone +44 (0) 115 666 8276.

12. Miscellaneous
    1. The Contract is between you and us. Nobody else can enforce it and neither party will need to ask anybody else to sign-off on ending or changing it.
    2. If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these Terms and Conditions are unlawful, the rest will continue to apply.
    3. Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to do, but that does not mean that we cannot do so later.
    4. We will tell you in writing if the Booking is transferred to another organisation so that someone else is responsible for providing the Performance. If this happens we will ensure that the transfer will not affect your rights under the Contract. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our Managing Director by Email (bookings@thedistractionsband.co.uk or phone +44 (0) 115 666 8276.) to end the Contract within 14 days of us telling you about it and we will refund to you any payments made in advance for services not provided.
       
       
13. Law and Jurisdiction
    1. These Terms and Conditions are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country where you live. We can claim against you in the courts of the country where you live.

COVID-19 Policy

Cancellation

1. you will be eligible to receive a full refund minus the amount relating to expenses already incurred by us which cannot be cancelled or recovered from a third party if your Event has been affected by Covid-19 and falls into one of the following categories;
   1. Social distancing laws prevent your Event from taking place
   2. Social distancing laws prevent The Distractions Band from delivering their service/performance
   3. Severe restrictions on guest numbers mean you cannot reasonably facilitate The Band for example if you have been forced to reduce guests numbers from 150 to 30
   4. your Venue is closed or has cancelled your Event
   5. you or your partner are ill with Coronavirus, or need to self-isolate, on your Event date.

Postponement

1. We are happy to postpone the date of your Event (subject to availability.) without charge to yourself, provided that the change is within 1 year of your original Event date.
2. If you wish to postpone more than a year in advance of your original Event date, then provided The Distractions Band are available, the charge applicable will be the difference between the  original Fee as set out on your Booking Form and the current prices as displayed on the website at the time of postponement.
3. If The Band are already fully booked with existing clients on the proposed new date of your Event and are therefore unable to perform then standard cancellation terms will apply for your original Event date. See above.
4. If The Distractions Band are available on the newly proposed date all monies previously paid will be redeemed against the new date and the date of the Event will be varied accordingly.
5. Once a new date has been confirmed your online account will be updated and a note will be left in the messages section of your account confirming the change.
6. Your original Contract will be cancelled and a new one set-up under the new Event Date. You will be asked to sign this via your online account.