Terms and Conditions for Komet.

Terms and Conditions

  • Overview: Komet terms and conditions are specifically applicable to the provision of event planning services by Funactive Ltd, trading under the name Komet, a registered company in the Republic of Ireland (Company Registration Number: 3356253VH), with its registered address at Newtown, New Orchard Road, Kilkenny.
  • Prior Review: Komet kindly requests that you carefully review and consider these Terms and Conditions before placing an order for our services. If you have any questions or uncertainties about any part of these Terms and Conditions, please don’t hesitate to seek clarification from our team.
  • No Binding Offer on the Website: Please be aware that nothing provided by us on our website, including, but not limited to marketing materials, price lists, or other documents, constitutes a contractual offer that can be accepted. Your order, submitted by you, constitutes a contractual offer. It is within our discretion to accept this offer. A legally binding contract will come into effect only when we accept your order, typically signified by the receipt of your booking deposit.
  • Right to Modify Terms and Conditions: Komet reserves the right to amend these Terms and Conditions at any time by updating this page. Please note that certain aspects of these Terms and Conditions may also be replaced or superseded by provisions or notifications published elsewhere on our website.
  • Definitions
  • Booking: an arrangement made on behalf of the Customer (referred to as “You”) by the Company (referred to as “Us”) with a Supplier. A Booking typically encompasses an activity, event, or a detailed itinerary of events, which may consist of one or more individual Supplier Services. The Company coordinates and manages the Booking to ensure the delivery of the specified services to the Customer.
  • Customer or Lead Booker: the individual who is purchasing a Service on behalf of a group of people. This individual is responsible for coordinating and booking the Service for the entire group, hereafter referred to as the “Customer Group” or simply “Group.” The Customer or Lead Booker assumes the role of the primary point of contact and is responsible for communication, payments, and other related matters pertaining to the Service on behalf of the Customer Group.
  • Supplier: a third-party provider of goods and/or services who has entered into an agreement with the Company to offer and deliver goods and/or services to the Customer, as facilitated and arranged by the Company on behalf of the Customer. The Supplier is an external entity separate from the Company, and their role is to provide specific goods and/or services to fulfil the Customer’s needs as outlined in the Booking.
  • Supplier Service: a specific service offered and provided by a Supplier, as part of the goods and/or services arranged by the Company on behalf of the Customer. It encompasses the range of services made available by the Supplier to meet the needs of the Customer as outlined in the Booking, and these services are delivered by the Supplier in accordance with the terms and conditions set by the Supplier and agreed upon by the Customer and the Company.
  • Payment Details: the electronic payment information, including but not limited to credit card details, bank account information, or any other relevant financial data, entered or provided by the Customer when making a purchase of a Service.
  • Purchase: the act of acquiring a Service offered by the Company in accordance with the terms and conditions outlined herein. It involves the transaction through which the Customer obtains the Service.
  • Service: the comprehensive organisation of a single element or a multi-elemented package. This includes the coordination and arrangement of Supplier Services on behalf of the Customer and Customer Group, as well as the creation of a suitable itinerary for their benefit. The Service encompasses the entire service package provided by the Company.
  • We/Us/Our: collectively refer to Funactived Ltd, trading under the name Komet.

  1. General Conditions

  • All bookings are subject to these terms and conditions.
  • All bookings are made directly with Funactive Ltd, trading as Komet.
  • A contract will be considered in effect only when the Company has received the requested deposit. It is acknowledged that, in addition to the deposit, email correspondence shall serve as a valid means of communication for the purposes of this Agreement.
  • No amendments, additions, deletions, or changes to these conditions shall be considered valid except when mutually agreed upon in writing by both parties.
  • Komet do not warrant the capability or conduct of any Supplier. The Company shall not be held responsible for any failure of a Supplier to appropriately provide a Supplier Service. In the event of a dispute, we will make reasonable efforts to assist the Customer with their grievance and communicate these complaints to the Supplier on their behalf.
  • The Customer has an obligation to promptly report any errors made by the Company in booking contracted Services as soon as they become aware of them.
  • Any inquiries related to the legal and practical aspects of a Booking must be communicated to the Company in a timely manner. It is the Customer’s responsibility to ensure the accuracy of all details on the order.
  • You may request changes to your booking before the service commences. While we will endeavour to accommodate the requested changes, we cannot guarantee them. If changes result in additional costs, we will inform you and seek your approval before proceeding.
  • Once full payment has been received, no changes or alterations can be made to a booking without our express written consent.

  1. Service Description

  • The Company provides a variety of services, which can be availed individually or as part of comprehensive multi-element packages. These packages may encompass accommodations, activities, excursions, transportation, meals, access to bars, and more.
  • Our primary area of expertise is in crafting hen party experiences. Even so, we have the flexibility to cater to a variety of events, subject to the relevant terms and conditions.

  1. Pricing and Payment

  • The Customer booking the Service is solely responsible for all charges associated with their booking.
  • The Company’s fee may be subject to change at any time; however, these changes will not affect bookings that have already been confirmed.
  • All prices quoted are inclusive of VAT. If the VAT rate undergoes a change between the date of your booking and the payment date, we will adjust the rate accordingly.
  • Service prices are determined based on our supplier’s rates at the time of your booking. If a Supplier modifies the price of a contracted service between the time of your purchase and the date of your event, we will promptly inform you of the price difference and make reasonable efforts to minimise the impact of this additional cost on the overall package.
  • We retain the right to transfer any increases in service costs resulting from factors including, but not limited to, currency exchange fluctuations, government actions, and similar occurrences.
  • Unless explicitly stated otherwise, the service cost does not cover expenses for drinks, food, admission, transfers, parking charges, porterage, fees, contributions, or any other items not specified in our email communication and on your booking confirmation/itinerary.
  • To secure your group booking, it is essential that one customer submits a non-refundable booking deposit of €50 before we initiate the service. All other participants must submit their non-refundable €50 booking deposit no later than 12 weeks before the event date to secure their place. The deposit due date will be specified in the booking confirmation.
  • The final balance, as indicated in your booking confirmation, is due no later than 6 weeks before the event date.
  • Any additional items, including out-of-pocket expenses or extra requests made by you after the balance payment, must be settled before the event date.
  • Failure to make payments by the specified due date will result in removal from the event, and the non-refundable deposit will be forfeited. Rebooking, subject to availability, will also incur a reinstatement fee of €10. These provisions do not apply if you promptly contact us to dispute an outstanding payment in good faith. During such a dispute, no interest will accrue.
  • The provisions mentioned above do not apply if you promptly contact us to dispute an outstanding payment in good faith. During such a dispute, no interest will accrue.
  • We accept payments made through the following card methods: Mastercard, Visa, American Express, China UnionPay (CUP), Discover & Diners Club, eftpos Australia, and Japan Credit Bureau (JCB). Please note that we do not accept payment methods such as bank transfers, cash, cheques, or voucher cards.

  1. Booking Confirmation

  • Upon the issuance of a payment link by the Company to initiate the booking process, the Customer is granted a period not exceeding 5 working days to submit their non-refundable deposit. Failure to comply with this requirement necessitates that the Company recommences the process of liaising with suppliers, potentially resulting in rate fluctuations.
  • Upon the Customer’s timely payment of the initial €50 non-refundable deposit, the Customer shall receive an official receipt. This receipt serves as a legally valid booking confirmation document.
  • This process ensures a streamlined booking procedure and secures the Customer’s participation while providing the Company with the necessary resources to continue making the necessary arrangements with suppliers.

  1. Changes and Amendments

Changes to a service made by the Company: 

  • In exceptional circumstances, there may be a necessity to modify the details or itinerary of a Package, Service, or Booking. In such cases, the Company retains the right to implement reasonable adjustments to any previously confirmed booking.
  • The Company does not offer compensation in the event of such alterations. We will promptly notify the Customer in such situations. It is important to note that this provision does not affect your statutory rights.

Changes to a service made by You:

  • Changes to any aspect of the booking are typically accommodated up to 4 weeks before the event, provided they are reasonable. After that time period, the Company is committed to assessing changes on a case-by-case basis.
  • A refund to the Customer may be considered in cases where a change to the booking results in a significantly lower cost. This applies to changes made up to 4 weeks before the event. Even so, a refund cannot be assured without the written consent of all relevant parties involved.
  • Please note that all changes are subject to availability.
  • Changes encompass alterations to various aspects, including:
    • Times
    • Venues
    • Locations
    • Accommodation
    • Activities
    • Any other Supplier Changes
    • Swapping group members
    • Adding participants to an event
    • Removing participants from an event

  1. Cancellations and Refunds

For a Group Booking cancellation:

  • To initiate the cancellation of a Group Booking, you must notify the Company via email at kometfunactive@gmail.com. Please note that a booking is considered effectively cancelled when Komet provides written confirmation in response to a written request sent by the Customer who made the initial Booking with the Company.
  • In the event of a Group Booking cancellation, we will make every effort to seek a mutually agreeable resolution, taking into account the service price, supplier charges, and any work that has already been undertaken by us.
  • You have the option to cancel your Group Booking free of charge within 5 working days of placing it.
  • If you cancel your Group Booking up to 12 weeks before the event date, you will forfeit any booking deposits paid to date. Any additional payments you have made, apart from the deposit, will be refunded in accordance with our cancellation policy. Please be aware that exceptions may apply, and you will receive advance notification in such cases.
  • If you cancel your Group Booking between 12 and 6 weeks before the event date, every participant will incur a loss of 50% of the total price. Any additional payments will be refunded in accordance with our cancellation policy. Please be aware that exceptions may apply, and you will receive advance notification in such cases.
  • If you cancel your Group Booking after the 6 weeks before the event date, no refunds can be guaranteed. Nevertheless, the Company will act in good faith and liaise with the suppliers on your behalf to try to grant every participant up to 20% of the total price. Please be aware that exceptions may apply, and you will receive advance notification in such cases.
  • If you cancel your group booking 3 weeks or less before the event date, you will forfeit all the payments made to date.

For individual cancellations:

  • In the event that you wish to cancel your booking, you must inform the Company via email at kometfunactive@gmail.com. Please be aware that a cancellation of a booking is considered effective only when it is received in writing from You and the Lead Booker.
  • You may cancel your booking free of charge within 5 working days of placing it.
  • If you cancel your booking up to 6 weeks before the event date, you will forfeit the deposit fee. Any additional payments you have made, apart from the deposit, will be refunded in accordance with our cancellation policy. Please be aware that exceptions may apply, and you will receive advance notification in such cases.
  • If you cancel your booking up to 3 weeks before the event, we will make efforts to provide a refund of up to 75% of the total amount paid by you.This is separate to the deposit which is non-refundable.
  • If you cancel your group booking 3 weeks or less before the event date, you will forfeit all the payments made to date.
  • An individual forfeits their payment if they fail to attend the event.

For cancellations made by the Company:

  • In the unlikely event of the Company cancelling a Service at any time between the booking date and the event date, the Customer will be entitled to a full refund, unless such cancellation is a result of circumstances beyond the Company’s control, as per the below paragraph.
  • The Company shall not be held liable for the cancellation of a Booking due to circumstances such as war, the threat of war, terrorist activity, political unrest, riots, civil strife, industrial disputes, natural disasters including volcanic ash, closure of airports or ports, road works, technical problems with or accidents involving aircraft or other transport (including traffic accidents/delays), fire, adverse weather conditions, health epidemics, or any force majeure event (including a breach of contract by any supplier of Komet). In cases where these events, as listed earlier in this paragraph, prevent the Booking from proceeding, the Company will not provide refunds or compensation. However, the Company will make its best efforts to collaborate with the Customers to reschedule the event for a future date.

Processing Refunds:

  • Where the Customer is entitled to a refund, refunds will be processed within 10 working days after a cancellation. Please note that the time for the refund to be completed may vary according to each bank’s individual policies but should not exceed 14 working days from the moment the refund is initiated to reach each person’s account.
  • Refunds will be processed using the same payment method that was originally used for the booking. Please note that refunds cannot be processed via bank transfer.
  • Where the Customer is not entitled to a refund, the Company may offer the option of applying the total or a partial amount retained toward a different event booked within a period of 1 year.

  1. Providing the Service

  • We will deliver the service with reasonable skill and care, in accordance with industry best practices and standards within the event management market, and in line with any information we have provided about the service. If you encounter any issues with the service, please inform us as soon as possible.
  • Upon receipt of all payments due, we will deliver the service as specified in the booking confirmation.
  • We will make reasonable efforts to provide the service in accordance with your booking. However, we cannot be held responsible for delays caused by events beyond our control.
  • We will make reasonable efforts to promptly address and rectify problems with the service.
  • If we require additional information, items, or actions from you to facilitate the service, we will inform you as soon as reasonably possible. Any delays, incompleteness, or inaccuracies in the information or actions provided by you will not be our responsibility. Additional work needed to rectify errors resulting from incomplete or inaccurate information provided by you may incur an additional charge.
  • We will not charge you for resolving problems caused by us, our agents, employees, or subcontractors, or when no one is at fault. However, if problems arise from incorrect or incomplete information or actions taken by you, we may charge for remedial work.
  • As a consumer, you have legal rights regarding the purchase of services. For comprehensive information about your legal rights and guidance on how to exercise them, please contact the Competition and Consumer Protection Commission.
  1. Liability and Insurance
  • The Company is not responsible for the operations of Suppliers and cannot warrant to the quality of the Services they provide. The Company will not under any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any Supplier, or entity in connection with the carrying out of such arrangements or bookings.
  • Every booking is accepted subject to the conditions imposed by Suppliers and other entities concerned with the delivery of such services and as such any claim with respect to such matters must be made against the appropriate party.
  • The Customer bears the responsibility of ensuring that suitable insurance coverage is in place before embarking on their travels. The Company cannot be held accountable for any expenses the Customer may incur due to a lack of appropriate insurance.
  • In cases where the Customer is unable to attend all or part of the booking due to circumstances beyond their control, and if the Customer has the necessary insurance in place, we will gladly provide a Statement of Payments Received to support any insurance claims.
  • When the Customer participates in group activities, whether independently organised or arranged through us, it is crucial to recognize that such participation is undertaken at the individual’s own risk. It is the Customer’s responsibility to confirm that their insurance policy covers these activities.
  • Certain suppliers may request the Customer to sign a disclaimer or acknowledgement of the risks involved in certain events or activities. By participating in these events, the Customer willingly assumes the inherent risks associated with them. The Company cannot be held responsible for any injuries or losses experienced by the Customer.
  • For updated travel information and advisories, the Department of Foreign Affairs regularly publishes information on its website at https://www.dfa.ie/travel/travel-advice/. We strongly recommend that the Customer consults this resource before making bookings and well in advance of their departure.

  1. Client’s Responsibilities, Conduct and Behaviour:

  • The Customer who books the service is entrusted with the responsibility of ensuring that all members of the customer group are thoroughly informed about these terms and conditions as well as the specific service details. Furthermore, the Customer assumes the role of managing all group administration and confirming the accuracy of information provided to the group.
  • Please be mindful that certain activities included in a supplier’s service may necessitate physical exertion. Therefore, the Customer must guarantee that all members of the customer group are physically capable of participating without any impairments or conditions that could pose a risk to themselves or others.
  • It is the Customer’s duty to make sure that all members of the customer group act safely, responsibly, and courteously during the course of the service. This entails complying with safety procedures, attending safety briefings, and dressing appropriately for the events and activities. Furthermore, all group members are expected to adhere to all relevant laws, requests, and conditions of use at supplier venues.
  • In addition, the Customer holds the responsibility to indemnify and absolve the Company from any liability, damages, losses, or claims that may arise due to the actions or use of the service by the customer group.
  • Customers are required to strictly adhere to the rules and regulations set forth by the supplier venues and to follow any instructions provided by the relevant supplier. Maintaining good conduct and behaviour is of utmost importance to ensure the successful delivery of the service. It is imperative to acknowledge that supplier personnel hold the authority to remove any individual who fails to comply with their instructions. Please be aware that no refunds will be issued in cases of removal due to non-compliance.
  • The Customer bears responsibility for the conduct of all members within their group. Additionally, the Customer is accountable for any damage caused to a supplier’s property by any member of the customer group, whether through their actions or negligence. It is crucial to note that we are not responsible for any such damage, and the customer group will be held directly liable to the supplier for the costs incurred. In the event that we assume liability for the damage or loss and are obligated to refund or compensate the supplier, we reserve the right to seek reimbursement from the Customer for this loss.
  • The Customer may be asked to provide a Security Deposit to the Accommodation Provider either by cash or credit/debit card. It is the Customer’s responsibility to ensure that all members of the group have made necessary arrangements to put this Security Deposit in place. Any issues in relation to claims on the Security Deposit are solely a matter between the Customer and the Accommodation Provider.

  1. Complaints, Feedback and Disputes

  • We appreciate feedback from our customers, and we strive to ensure a positive experience for you. If you have any reason to file a complaint about any aspect of your interaction with us, including but not limited to these Terms and Conditions, the Contract, or our Event Management Services, please reach out to us via email at kometfunactive@gmail.com within 28 days of your event. All complaints will be addressed in line with our complaints handling policy and procedure. Your feedback is important to us.
  • All transactions, communications, and disputes involving Komet fall under the jurisdiction of the Republic of Ireland. Any disputes will be subject to and resolved in accordance with Irish law.

  1. Force Majeure

  • The Company shall not assume liability for any delay or inability to fulfil its obligations under these Terms and Conditions, provided that such delay or failure is a consequence of events beyond the Company’s reasonable control. These events may include, but are not limited to, the following:
    • Strikes, lock-outs, or other industrial disputes, regardless of whether they involve our workforce or other parties.
    • Utility service or transport network failures.
    • Acts of nature (force majeure), such as natural disasters.
    • War, riot, civil commotion, or malicious damage.
    • Adherence to any law, government order, rule, regulation, or directive.
    • Accidents, machinery breakdowns, or equipment failures.
    • Fires, floods, storms, or other catastrophic events.
    • Default by suppliers or subcontractors.
  • In such instances, the Company will take the following steps, where possible:
    • We will promptly inform you of the event.
    • Our obligations will be temporarily suspended, and any associated time limits will be extended.
    • We will notify you when the event concludes and collaborate with you to reschedule it for a future date, providing any necessary details.
    • If you wish to cancel your commitment due to an event outside our control, you may do so in accordance with our cancellation policy.

  1. Intellectual Property

  • Ownership of Intellectual Property: All intellectual property, including but not limited to trademarks, copyrights, patents, trade secrets, software, designs, and any other related materials created by the Company in the course of providing services (collectively, “Intellectual Property”), shall be and remain the sole and exclusive property of the Company.
  • Licence to Customer: In the event that the Company creates or uses any customised or client-specific intellectual property in the course of providing services, the Company may grant the Customer a limited, non-exclusive, non-transferable licence to use such intellectual property solely for the purposes of receiving and using the services.
  • Restrictions: The Customer shall not modify, reproduce, distribute, or use the Company’s Intellectual Property in any manner beyond the scope of the granted licence, without prior written consent from the Company.
  • Customer’s Intellectual Property: Any pre-existing intellectual property owned by the Customer and provided to the Company for the purpose of receiving services shall remain the exclusive property of the Customer, and the Company shall not acquire any rights or interests in such intellectual property.
  • Third Party Intellectual Property: The Company shall ensure that any third party intellectual property used in providing services, where applicable, complies with relevant licensing and usage agreements. Any third party intellectual property remains the property of its respective owners.
  • Confidentiality: Both the Company and the Customer shall maintain the confidentiality of each other’s intellectual property and shall not disclose it to any third party without written consent, except as required by law.
  • Infringement: In the event that the Customer believes that the services provided by the Company infringe upon the intellectual property rights of any third party, the Customer shall promptly notify the Company. The Company shall, at its discretion, have the right to modify the services to avoid infringement or terminate the services.

  1. Data Protection and Privacy

  • Komet is committed to protecting your privacy and ensuring that your personal data is handled securely and in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Data Protection Acts of Ireland.
  • Information We Collect: We may collect and process the following types of personal information to facilitate our services:
    • Contact Information: This may include your name, email address, phone number, and postal address (the latter in exceptional cases).
    • Event Details: Information related to your hen party event, such as the date, location, and special requests.
    • Payment Information: Financial details necessary for payment processing, such as credit card information.
    • Communication Data: Records of communications between you and us, which may include emails and other correspondence.
  • How We Use Your Data: We use your personal data for the following purposes:
    • To provide our hen party planning and event services.
    • To communicate with you regarding your booking, changes, or updates.
    • To communicate with Suppliers regarding your booking, changes, or updates.
    • To process payments and invoices.
    • To comply with legal obligations and resolve disputes where needed.
  • Data Security: We take reasonable and appropriate security measures to safeguard your personal data and protect it from unauthorised access, disclosure, alteration, or destruction.
  • Data Sharing: We do not sell or rent your personal data to third parties. However, we may share your data with service providers who help us deliver our services, subject to confidentiality agreements and data protection standards.
  • Your Rights: Under applicable data protection laws, you have various rights, including the right to access, rectify, erase, or restrict the processing of your personal data. To exercise these rights, please contact us using the information provided below.
  • Data Retention: We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected or as required by law.
  • Changes to this Policy: We may update this data protection and privacy policy to reflect changes in our practices or legal requirements. Please review this policy periodically for any updates.
  • By using our services and providing your personal data, you consent to the practices described in this Data Protection and Privacy Clause.
  • If you have questions, concerns, or requests related to your personal data and privacy, please contact us at kometfunactive@gmail.com.
  • Cookies: We may use cookies on our website to enhance your browsing experience. For more information on how we use cookies, please refer to our Terms of Use and Privacy Policy page.

  1. Governing Law and Jurisdiction 

  • These Terms and Conditions, the Contract, and the relationship between you and us shall be governed by and construed in accordance with the laws of the Republic of Ireland.
  • As a Customer, you retain any mandatory provisions of the law in your country of residence. These Terms do not diminish your consumer rights.
  • Any dispute between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us shall be subject to the jurisdiction of the courts of the Republic of Ireland.

  1. Miscellaneous 

  • Coronavirus: As is the case with every business, the Coronavirus pandemic has significantly impacted our operations. We are diligently working to assist our Customers in navigating this ever-changing situation.
    • In line with our company policy, customers are entitled to a refund, minus their deposit, for any cancellations made in writing prior to 28 days before the event date. Certain aspects of the booking may be exempt from this policy due to specific supplier regulations, such as self-catering accommodations. For further information on this matter, please reach out to your event coordinator.
    • Please note that after 28 days, we cannot guarantee any refunds due to our suppliers having already received payments.
    • All bookings made since Monday, 16th March 2020, were made with an awareness of the ongoing Coronavirus situation. If there are no significant changes to government instructions, groups are expected to accept the current situation as ongoing. We expect full cooperation from our groups in this regard.
    • All bookings with suppliers are made under the assumption that businesses will return to normal once Covid-19 restrictions are lifted.
    • For rescheduled bookings, we cannot guarantee that rates will remain the same due to inflation and potential increases in supplier rates. However, we will make every effort to secure the best possible rate for your group.