General terms and conditions

1 General & Scope

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1.1. The following general terms and conditions apply to all offers, deliveries, and services provided by Sommer's Wedding & Events.​

1.2. The version current at the time of conclusion of the contract shall prevail.

1.3. The contractual partners are hereinafter referred to as the customers, and Sommer's Wedding &

Events as the wedding planner.

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The following terms and conditions are an integral part of all contracts concluded between the customer and the wedding planner. These also apply to all future business relationships with the customer, even if they are not expressly agreed again.

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2 Conclusion of Contract and Scope of Services

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2.1. Offers from the wedding planner to the customer are non-binding unless expressly agreed otherwise in writing. The contract is concluded upon written confirmation of the offer by the customer. By accepting offers, the customer agrees in any case to these general terms and conditions.​

2.2. The type and scope of the services to be provided by the wedding planner are determined exclusively by the contractual agreement concluded with the client in accordance with the offer.​

2.3. Unless otherwise stated in the contract, the contractual relationship covers organizational services for an event or a consultation.​

2.4. Changes to the contract or offer after the contract or offer has been signed are only valid if they are submitted in writing by both business partners.

Service contracts with third parties are concluded directly between the client and the respective service provider. The wedding planner acts exclusively as an intermediary or acts on behalf of the client with a separately issued power of attorney.

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3 Prices

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3.1 – General​

3.1.1. The services to be provided by the wedding planner are billed at a flat rate or based on individual services, depending on the agreement (offer).​

3.1.2. Any subsequent changes or additions requested by the customer, as well as any additional services that become apparent as necessary during the wedding planner's performance, will be invoiced separately. All additional services will be presented to the customer in advance for approval.​

3.1.3. All prices are exclusive of VAT at the applicable rate at the time of invoicing.

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3.2 – Reimbursement of Expenses​

3.2.1. Expenses for meals and general expenses incurred during the fulfillment of the contract will not be invoiced to the customer.​

3.2.2. If the fulfillment of the contract requires an overnight stay away from home or the use of a means of transport other than the customer's own car, e.g., airfare, ferry, etc., the resulting costs will be invoiced as reimbursement of expenses. These travel expenses will be presented to the customer in advance for approval.

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3.3 – Event duration, delays and late fees (new)

A. Agreed event duration

For each service booked, the event duration expressly agreed in the relevant quotation, as well as the confirmed start and end times, shall apply. Unless otherwise agreed in the quotation, the following maximum durations shall apply:

• Private Beach Dinner: 3 hours

• Beach Picnic: 3 hours

• Marriage Proposal / Engagement: 1.5 hours

• Wedding ceremony, including the agreed use of the set-up: 2 hours

Any different time periods must be expressly agreed and confirmed in writing.

 

B. Extension

An extension of the booked event duration is only possible subject to prior agreement and subject to the availability of the service providers involved. Additional services and extension periods will be charged in accordance with the prices agreed in advance. An extension is not automatically included in the original booking.

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C. Delays and Late Fees

To ensure that your event runs smoothly and that all service providers involved are available, we ask that you and your guests arrive punctually at the agreed time.

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Delays for which the customer or the participants they are responsible for coordinating are to blame do not, as a rule, result in an automatic extension of the agreed end time. Whether individual services are carried out or continued will depend on the time remaining and the availability of the service providers involved.

 

In the event of a delay for which the customer is responsible, the following rules apply:

• Up to 15 minutes: free of charge (as a gesture of goodwill)

• 16–60 minutes: a charge of 10% of the agreed price of the booked service

• 61–120 minutes: a charge of 20% of the agreed price of the booked service

• 121–180 minutes: a charge of 30% of the agreed price of the booked service

Each additional hour or part thereof: an additional 10% of the agreed price of the booked service

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The late arrival fee is charged in addition to the agreed booking price. Verifiable additional waiting or call-out costs incurred by external service providers as a result of a delay for which the customer is responsible may be charged separately in accordance with the agreed booking terms and conditions.

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A delay does not automatically result in the agreed end time being postponed or the booked service being extended. The continuation of the event will depend on the time remaining and the availability of the service providers involved.

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D. Additional waiting and service costs

If, as a result of a delay for which the customer is responsible, verifiable additional waiting, service or other extra costs are incurred by registrars, photographers or other service providers involved, these may be charged to the customer in addition, provided this has been contractually agreed and is legally permissible.

Where possible, the customer will be informed of any additional costs before they are incurred. An extension or continuation of the service cannot be guaranteed if the time availability of the service providers involved does not permit this.

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E. Delays not caused by the customer

Delays attributable to Sommers, a service provider involved or unforeseeable circumstances will not automatically be charged to the customer as additional waiting or service costs. The further course of action shall be governed by the relevant contract and the applicable statutory provisions.

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4 Payment Terms

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4.1. The payment terms specified in the contract apply.​

4.2. If the customer defaults on payments and does not pay within a deadline set in the form of a written reminder, the wedding planner is entitled to immediately withdraw from the contract. In the event of such withdrawal, the customer is obligated to pay the wedding planner damages due to non-performance.​

4.3. Offsetting by the customer with counterclaims is excluded unless they have been legally established, recognized by the wedding planner, or are not disputed.​

4.4. The customer is only entitled to assert a right of retention if their claim is based on the same contractual relationship.

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5 Termination and Withdrawal

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5.1. If the implementation of the planned event becomes impossible due to force majeure, i.e., an unforeseen, extraordinary reason beyond the control of either party, both parties are entitled to withdraw from the contract. Rebooking to a new date is also possible, subject to the availability of the wedding planner. In this case, the additional time required for the rebooking will be charged in accordance with 3.1.

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5.2. Furthermore, the parties are legally permitted to terminate this contract for extraordinary reasons. Such reasons include, for example: o Failure to provide contractually agreed services despite a written reminder and setting of a deadline. o The initiation of insolvency proceedings against the assets of the respective contracting party. o A serious breach of contract by the other party, which is not remedied despite a written warning and thus makes further performance of the contract unreasonable.

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5.3. Withdrawal or termination must always be made in writing to the other contracting party. Services already provided by the wedding planner up to the time of receipt of the notice of termination or withdrawal must be reimbursed in accordance with the contract. Expenses already incurred by the wedding planner in connection with the event must also be reimbursed.

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Termination and Withdrawal – Cancellation Policy

5.4 Cancellation by the customer

In the event that the customer cancels the booked event or wedding within 3 months of the agreed event date, there shall be no entitlement to a refund of any payments already made.

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This applies regardless of the method of payment, in particular:

• in the case of a 50 per cent deposit,

• in the case of full payment in advance,

• or where the total amount has already been paid in full.

 

All payments made up to that point shall be forfeited in full and will not be refunded, as by that time considerable organisational, staffing and logistical expenses have already been incurred, and firm bookings have been made with third-party providers.

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5.5 Weather Conditions, Cancellation and Postponement of Events

Weddings and outdoor events, particularly beach weddings, are subject to the prevailing weather conditions. In the event of heavy rain, thunderstorms, gales, official weather warnings or other adverse weather conditions that jeopardise or significantly impair the safe or proper conduct of the event, Sommer’s Weddings & Events reserves the right to suspend, cancel or reschedule the event. The decision will be made taking into account the current weather conditions, safety risks and local circumstances.

Where possible and logistically feasible, a suitable alternative or a replacement date will be sought in consultation with the client. Postponement is subject to the availability of the wedding planner, the service providers involved and the venue in question. There is no entitlement to a specific replacement date.

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Services already provided, costs incurred and non-refundable payments to third-party providers must still be taken into account in accordance with the contractual agreements and the applicable legal provisions. Additional costs arising from a weather-related postponement may be charged to the client, provided this has been contractually agreed and is legally permissible.

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We strongly recommend that our customers take out suitable travel and event insurance before booking, which covers cancellations or postponements due to weather conditions, as well as any resulting costs. It is the customer’s responsibility to take out such insurance. Sommer’s Weddings & Events does not guarantee that any insurance will reimburse the relevant costs.

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5.6 Rain Insurance and Weather-Related Postponements

Sommers Weddings & Events offers clients the option to purchase rain insurance directly through Sommers. The cost of the insurance is calculated individually based on the services booked and the nature of the event and will be communicated to the client before the insurance is agreed upon. The rain insurance must be expressly agreed upon and confirmed.

In the event of adverse weather conditions that affect the safe or proper conduct of an event, the following provisions apply:

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a) Weddings

Weddings will be held regardless of weather conditions. In the event of heavy rain, thunderstorms or other adverse weather conditions, the wedding may be postponed. Depending on the weather situation, repeated postponements may be arranged until the event can take place under suitable conditions. Alternative dates must be coordinated with the client and are subject to the availability of the relevant service providers and venue.

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b) Events involving food and beverages

For events requiring the purchase or preparation of food, a maximum of three weather-related postponements is permitted. This limitation reflects the need to purchase and prepare food again for each new event date. Once these three postponements have been used, there is no entitlement to further weather-related postponements.

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c) Insurance Coverage and Costs

The specific benefits and conditions of the rain insurance, including the costs covered in the event of a claim, will be agreed upon individually before the insurance is concluded. If no rain insurance has been purchased, the general contractual terms set out in these Terms and Conditions apply. Reimbursement of additional costs or services already provided is only available in accordance with the contractual agreements and applicable law.

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6 Complaints & Defects

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6.1. Obvious defects must be reported in writing to the wedding planner by the customer immediately upon service provision or delivery. This applies in particular to defective individual services within the overall service offered by the wedding planner. If the customer fails to comply with their notification obligation within the specified timeframe and if defects cannot be remedied in a timely manner during or by the end of the event due to the customer's conduct, no claims can be derived from these defects by the customer.

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6.2. The customer initially has the choice of whether subsequent performance should be carried out by repair or replacement delivery. However, the wedding planner is entitled to refuse the type of subsequent performance if this would involve disproportionate costs and another type of subsequent performance would not result in significant disadvantages for the client. During the subsequent performance, the customer is not entitled to a price reduction or to withdraw from the contract.

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6.3. If subsequent performance fails after two unsuccessful attempts, the customer may, at their discretion, declare a price reduction or withdrawal. However, the customer's withdrawal from the entire contract is only permissible if the wedding planner's breach of duty is significant.

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7 Liability

 

7.1. The wedding planner is liable – regardless of the legal basis – only if the damage was caused by a culpable breach of a material contractual obligation (cardinal obligation) in a manner that jeopardizes the achievement of the contract's purpose, or if it is due to gross negligence or willful intent.

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7.2. The wedding planner is not liable for damages caused to the customer by its own contractual partners in the context of the event to be organized. This also applies if the wedding planner has made organizational arrangements with its contractual partners on behalf of the customer. Furthermore, the wedding planner is not liable for the consequences of force majeure. This also applies to the occurrence of circumstances that make the event impossible but were not caused by the wedding planner or are otherwise attributable to the wedding planner.

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8 Retention of Title & Right of Use

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8.1. The wedding planner reserves ownership of the services rendered and the products delivered until full payment of all claims arising from the service contract, provided that these are to become the property of the customer according to the contract.

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8.2. Rights of use of any kind to the concepts, texts, films, photographs, plans, programs, sketches, drafts, and models created by the wedding planner in connection with the fulfillment of the order remain, subject to express, other

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8.4 Special Agreements for Free Upgrades in Exchange for Usage Rights

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8.4.1. If a special agreement is concluded between the wedding planner (Sommers's Weddings & Events) and the client, whereby the client is provided with free additional services (e.g., upgrades, enhanced decorations, additional photography/videography, special locations, or other services not regularly booked), this service shall be deemed consideration for the wedding planner's consent to use image and video material for self-promotional purposes.

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8.4.2. Consent to use includes, in particular, the use of photos and videos taken during the wedding celebration on the wedding planner's website, on social media platforms (e.g., Instagram, Facebook), in advertisements, in reference galleries, or other marketing measures.

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8.4.3. This consent can be given verbally or in writing. It is deemed to have been granted if the client uses the free additional service without objecting to the agreed publication in advance.

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8.4.4. Any subsequent restriction or revocation of publication by the customer requires the written consent of the wedding planner. In this case, the wedding planner reserves the right to subsequently invoice for additional services previously provided free of charge.

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9 Severability Clause

 

Amendments and additions to these terms and conditions must be made in writing. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a substitute provision that comes as close as possible to the intended purpose of the invalid provision.

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​10 Miscellaneous

10.1. The contractual agreements and the entire legal relationship between the parties are subject to the law of the Republic of Seychelles – regardless of the customer's nationality.

10.2. The place of jurisdiction for all legal disputes is the registered office of the wedding planner.

10.3. The marriage certificate with apostille will be issued within 8 to 10 business days after the civil ceremony. For couples staying in the country for a short time, we offer shipping of the wedding documents via DHL or FedEx courier service with tracking to the respective home address. The shipping costs are borne by the customer.