|
|
Client Booking Terms and Conditions
TREATMENT BOOKING TERMS
Beauty4angels Terms for supply of services to Clients
(1) These terms represent a contract between Beauty4Angels and the Client.
The Client wishes to book beauty services, treatments and recommendations through Beauty4Angels.
(2) Beauty 4 Angels (a trade name of Loreta Jaglinskaite) shall provide the Client a telephone and inter-net booking facility for beauty ‘Services’ and shall assign a suitable therapist to the Client’s booking.
(3)The Client wishes to book beauty services, treatments and recommendations through Beauty4Angels
(4) The Therapist is willing to provide the Services (as defined below) and the Client wishes to receive the Services, all subject to the provisions of the Terms
TERMS
1 Definitions
the following words shall have the following meanings:
‘Beauty4Angels’ a telephone and internet booking facility for mobile beauty ‘Services’ in London.
‘Booking’ means oral or written engagement of the Therapist by the Client through Beauty4Angels.The booking shall specify the Services to be undertaken, the time estimates for the provision of the Services and the fees payable
‘Client’ any person or legal entity who is receiving services or paying for services and the employ-ees or agents of such person or entity.
'Services' means the provision of mobile beauty and spa treatments published on www.beauty4angels.com to clients at their chosen location by self- employed Therapists.
‘Therapist’ and ‘Registered Therapist’ a self- employed person registered with Beauty 4 Angels to provide services.
'Fee' means the fee or price payable for the service at current rates published or advertised by Beauty 4 Angels
'Delay' means 15 minutes of time elapsed from the start of the booking period
2 Services
2.1 Beauty4Angels shall assign a registered Therapist to the Client’s booking who shall provide the Services to the Client, subject to the Terms.
2.2 The Client shall submit to Beauty 4 Angels specification for the Services by way of a booking at or before the commencement of the Services.
2.3 Beauty 4 angels may vary the services and the booking from time to time. The changes shall be clearly identified and notified to the client, together with the additional or different level of fees to be paid by the Client.
2.4 Service specifications and prices or fees payable may be subject to change without notice.
2.4 Service assignments shall be carried out between the hours of 9 am and 8.30 pm, seven days a week and by prior arrangement with Beauty 4 angels at other times.
3 Making appointments
3.1 Beauty 4 angels telephone booking desk is opened daily from 10am to 7 pm. The desk can be con-tacted on 0208 1234545 or 0753 365 5 365.
3.2 Appointments can be requested by e mailing bookings@beauty4angels.com
3.3 Any appointments made directly with a Therapist must be confirmed with Beauty 4 angels.
3.4 Beauty 4 angels will accept bookings for Services to be carried out in Central London zones 1 and 2. Provision of Services outside this area is by prior arrangement.
4 Performance of the Services
4.1 Beauty4angels shall confirm performance of the Services to the Client, subject to the availability of the Beauty 4 Angels’ enlisted Therapists.
4.2 The Therapist shall use reasonable endeavours to complete the Services within the period agreed at the time of booking.
4.3 Time shall not be of the essence for the length of time that any of the Services are to take, whether specified in the booking or otherwise.
4.4 Therapist's delays in commencing the service shall be permissible of up to 15 minutes into the agreed start time. Delays over 15 minutes shall be subject to clauses 5.7 and 5.8 of these terms
5. Booking and Payment
5.1 Minimum booking period for any Service is one hour (60 minutes).
5.2 The Minimum fee of £50 shall be paid to Beauty 4Angels for the first hour of every booking.
5.3 The Service period of 1 hour is exclusive of travel time both to and from the Client's site. Time spent at a Client’s site in excess of a 1 hour period shall be charged at the pro-rata rate published by Beauty4angels at the time
5.4 Payment of the Service Fee must be made to Beauty4 angels at time of booking. Services can not be guaranteed if payment is not received or guaranteed at time of booking.
5.5 Acceptable payment methods are credit or debit cards and cash.
5.6 If payment of the Fee is not received by any due date, Beauty4Angels shall be entitled (without prejudice to any other right or remedy):
5.6.1 to charge interest on the outstanding amount at the rate of 4% per annum above the base lending rate of Barclays bank plc, accruing daily;
5.6.2 to require that the Client makes a payment in advance of any Services or part of the Con-sultancy Services not yet provided;
5.6.3 Not to provide any Services, further Services or part of the Services; (until such payment is made).
5.7 All services will be charged for the duration specified in the original booking request unless variation of the service duration is mutually agreed before the service start time.
5.8. Only delay over and above 15 minutes of the agreed service start time shall be refundable pro rata of the hourly charges (£50 first hour and £30 per hour thereafter) only if one or more of the following applies:
5.8.1 the delay is outside the scope of 11.1 'Force Majeure'
5.8.2 the delay is caused by an act or omission of the therapist and or Beauty4angels.
5.8.3 the delay can not be reasonably compensated by extension of the service time to allow the therapist to complete the service.
5.8.4 the delay is NOT notified to the client prior to the start of the service.
5.8.5 the client accepts and continues with the service at the delayed time and can not be reasonably compensated by extension of the service because of time restrictions.
6 The Client's obligations
6.1 The Client acknowledges and agrees that for the Services to be provided the Client must:
6.1.1 Co-operate with Beauty 4 angels and the Therapist as may be reasonably required; and instruct the Client's guests, staff and agents to co-operate and assist the Therapist
6.1.2 Provide to the Therapist access to sufficient light, power point, hot water, reasonable working space to set up and everything that the Therapist may reasonably require;
6.1.4 Not book or make alternative arrangements with a Therapist without notifying Beauty4angels
6.1.4 Provide a suitable environment to enable the Therapist to carry out the service. This in-cludes no smoking, no heavy alcohol consumption, no loud music etc.
6.1.5 Inform Beauty 4 Angels or the Therapist if the Client or anyone receiving Services is under 16 years old as parental permission must be obtained.
6.1.6 Make Beauty 4 angels and the Therapist aware of any special request.
6.1.7 Be ready to receive the service at the agreed start time. Delays of over 15 minutes shall incur extra charge calculated pro rata.
6.1.8 Where possible provide parking permit to the Therapist. Where service period is longer than two hours make a minimum payment of £5 to cover parking charges.
6.2 Beauty 4 angels and the Therapist may:
6.2.1 Refuse to carry out the service if he she reasonably thinks it is in breach of health and safety regulations or endangers the heath and safety of the therapist;
6.2.2 Charge the Client for any additional reasonable costs and expenses incurred by the Thera-pist caused by the Client's instructions, failure to provide instructions, or failure to comply with Clause 6.
7. Beauty 4 Angels obligations
Beauty 4 angels shall:
7.1 Take accurate booking from the Client
7.2 Assign reasonably qualified Therapist to carry out the booked service.
7.3 Inform the Client of any changes or cancellation to the Client’s booking or Service prior to the start of the Service.
7.4 Exercise reasonable skill and diligence in the rendering of booking and reservation services and processing payments.
7.5 Request that the Therapist uses quality materials and tools in the respective industry.
8 Protection of confidential information
8.1 Each Party ('Receiving Party') shall keep the Confidential Information of the other Party ('Supplying Party') confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the Confidential Information of the Supplying Party for the Purpose and for performing the Receiving Party's obligations under the Terms. The obliga-tions of Clause 8.1 shall not apply to any information which:
8.2.1 was known or in the possession of the Receiving Party before it was provided to the Receiving Party by the Providing Party;
8.2.2 is, or becomes, publicly available through no fault of the Receiving Party;
8.2.3 is provided to the Receiving Party without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;
8.2.4 was developed by the Receiving Party (or on its behalf) who had no direct access to, or use or knowledge of the Confidential Information supplied by the Supplying Party; or
8.2.5 is required to be disclosed by order of a court of competent jurisdiction.
9 Warranties, liability and indemnities
9.1 The responsibility for the performance of the Services lies with the Therapist.
9.1 If any part of the Services is performed negligently or in breach of the Terms then, at the request of the Client (if the request is given within 3 days of the Service Date), Beauty 4 angels shall re-perform the relevant part of the Services, always subject to Clause 9.4 and Clause 9.5 below.
9.3 Beauty 4 angels and the registered Therapist assigned to the Service booking expressly does not warrant that any result or objective whether stated in the treatments description, in these Terms or not shall be achieved, be achievable or be attained at all or by a given date or any other date or time.
9.4 Except in the case of death or personal injury caused by the Therapist's negligence, the Thera-pist's liability under or in connection with this Agreement whether arising in contract, tort, negli-gence, breach of statutory duty or otherwise howsoever, shall not exceed the Fee paid by the Cli-ent. The provisions of this Clause 9.4 shall not apply to Clause 9.6.
9.5 Beaty4angels shall not be liable to the Client or any other party for the acts or omissions of a reg-istered Therapist in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client and that other Party and losses of an indirect or consequential nature including without limitation any eco-nomic loss or other loss of turnover, profits, business or goodwill. The provisions of this Clause 9.5 shall not apply to Clause 9.6.
9.6 The Client shall indemnify and hold harmless Beauty 4 angels and the Therapist from and against all Claims and Losses arising from loss, damage, liability, injury to the Therapist and third parties, or third party losses by reason of or arising out of any instructions given or equipment supplied to the Therapist by the Client, within or without the scope of this Agreement. 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
9.7 The Client acknowledges that, in agreeing to these Terms does not do so in reliance on any rep-resentation, warranty or other provision except as expressly provided in these Terms, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
10 Cancellation Notices
10.1 The Client will be charged the full cost of services unless booking cancellation is notified to
Beauty 4 Angels as follows:
a. At least twenty four (24) hours notice prior to the agreed service start time and date; or
b. Four (4) hours notice for services starting within a 24 hour period from the time of booking.
10.2 If the Named Therapist becomes unavailable to carry out the Services and the Parties cannot agree on a mutually agreeable replacement. In such case no cancellation charges will be made.
11 General
11.1 Force majeure
Beauty4 Angels shall have no liability under or be deemed to be in breach of these Terms for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of Beauty4angels or the therapist. In such circumstances B4A shall promptly notify the other Party when such circumstances cause a delay or failure in performance and when they cease to do so.
11.2 Assignment
Beauty 4 Angels may assign and transfer all its rights and obligations under these Terms to any person to which it transfers all of its business, provided that the assignee undertakes to be bound by the obligations of the assignor under this these Terms.
11.8 Severance
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement
|
