Terms & Conditions

 

Beau and Bell Tipi Hire Limited: Terms and Conditions

DEFINITIONS

‘THE COMPANY’ is Beau and Bell Tipi Hire Limited incorporated and registered in England and Wales with company number 15112192 whose registered office is at Plus X Innovation Hub, Lewes Road, Brighton, England, BN2 4GL.

THE HIRER’ is the person hiring the equipment from The Company and whose name appears on the booking form and / or Invoice.  The Hirer must be at least 18 years of age.
‘THE PERIOD OF HIRE’ means the time commencing with the arrival of the equipment onsite, and terminating when the equipment is removed by the Company.  Start and End Dates will be agreed between The Company and The Hirer.

‘A BOOKING’ is the contract entered into by the Hirer and the Company which is defined by the detailed hire of goods on the invoice and / or booking form and / or any emails or correspondence passing between the hirer and the company.

‘BOOKING FORM’ and / or ‘INVOICE’ is the form issued by the Company to the Hirer containing details of the Equipment, Period of Hire and Hire Charge.

‘EQUIPMENT’ means the tipi(s) and other materials, specified on the Booking Form and / or Invoice and / or any e mails or correspondence, being owned and maintained by the Company provided to the Hirer. Equipment does not include that of Third Party Suppliers.

‘SERVICES’ to be provided by The Company to The Hirer are described on an Invoice or any e mails or correspondence, the Services may include the following: Delivery and construction of tipis to the agreed specification, flooring, lighting, power sockets and furniture.

Please note external power sources and the dressing of the tipis are not included in the Services but The Company may be able to assist The Hirer to locate providers of these for your event.

‘HIRE CHARGE’ is the total amount due under the invoice including delivery, assembly, installation, disassembly and collection of the equipment.

‘THIRD PARTY SUPPLIER’ is a company or individual not owned directly by the Company and shall not form any party of a contractual obligation between the Company and the Hirer.

‘THIRD PARTY EQUIPMENT’ is equipment owned, supplied, erected and maintained by a Third Party Supplier. All such equipment shall not be the responsibility of the Company.

GENERAL

These terms and conditions apply to all contracts entered into between the Company and the Hirer unless expressly stated otherwise by the Company, and upon payment of the deposit, the Hirer is deemed to have accepted them. Any offer of equipment is subject to stock being available on receipt of a deposit at time of booking.

1. CONDITIONS

Quotes are provided on the basis that a booking is not confirmed until a deposit or a hire payment is paid, the hirer is deemed to have accepted the terms and conditions upon making payment.

Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below.

A non-refundable deposit of 10% of the total hire cost is payable on booking unless varied in agreement with the company.

The balance is payable 3 months before the delivery date stipulated in correspondence between the company and hirer.

Damage Waiver Fee’s, see below under section 7, are non refundable and are typically 5% of the hire cost provided on the invoice.

Bookings received less than 3 months in advance of the event date will require payment to be sent in full.

Notice of cancellation of the booking by the hirer must be provided to the Company in writing via e mail to info@beauandbell.co.uk, to be received not less than 3 months prior to delivery.  The deposit along with all monies sent by the Hirer will be forfeited.

Cancellation of less than 3 months prior to your arrival will result in 100% of the hire charge being forfeited.

The Hirer may wish to obtain event insurance to cover payments made in the event of cancellation.

Call out charges apply should there be a requirement for the Company to resolve any issue after successfully completing the initial install mainly for reasons of bad weather or hirer use affecting the performance of the tipis and / or equipment.  An estimate for call out charges will be provided by the Company prior to fixing the fault in order to cover labour and travel costs.

Cheques should be made payable to ‘’Beau and Bell Tent Hire Limited’’.

Beau and Bell Tent Hire Limited invoices are for payment as per the terms stated.

2. COMMUNICATIONS

You agree that email and other electronic communications can be used as a long- distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Beauandbell.co.uk is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

3. SITE

(a)The Hire charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. The Hire charges do not include any making good or repairing of damage to the site which may be charged to the hirer by the company in addition to the hire charge.  If the Hirer or the Hirer’s agent fail to sign any CAT Scan agreement (if required) provided to the Hirer by The Company, the Hirer agrees that The Company may charge to make its own investigations to ensure the safety of the Company’s crew, the Hirer and the Hirer’s guests.

(b) The Hirer is required to provide the Company with either a plan showing the position in which the tents and / or tipi’s or equipment are to be erected or should have a representative on the site for that purpose. In the absence of a plan showing the position in which the tents or equipment are to be erected the Company will erect the tents or equipment where they deem appropriate and shall be deemed to have completed the contract.  If the Hirer wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Hirer to the Company at the time of booking, or upon initial plan being received, and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may reasonably increase the price.

(c) The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the Company’s e mail correspondence / online booking service / invoice/s.

(d) The Hirer is required to select a site that is not susceptible to bogginess or has poor drainage or be impervious or too solid for poles, posts, pegs to be passed through in the set up of tents and tipi’s. Any flooding caused is the responsibility of the Hirer.

(e) The Hirer is responsible for the safe entrance and exit of the Company’s vehicles in order to provide and install hire equipment.  This includes the Company’s vehicles having safe passage in and out of the site and should the vehicles become stuck it is the Hirer’s responsibility to arrange for towing of vehicles out of the site and any other reasonable costs will be charged to the Hirer.

(f) Should the site become unfeasible to enter / exit using the Company’s vehicles then there will be consideration to using alternative vehicles to ‘shuttle’ equipment and if the Company deems it necessary to do so then any reasonable costs arising will be charged to the Hirer.

(g) The Hirer must ensure that any obstructions to the site are removed before the Company arrives. This includes plants, shrubs, trees, vehicles and other materials. The Company reserves the right to apply a discretionary surcharge if obstructions prevent work from commencing.

(h)The Hirer must consider and is responsible for making suitable arrangements for access by people with disabilities and emergency services

(i) If on arrival to site the carry from point of parking to point of erection is found to be greater than 20 metres a surcharge may be applied.

(j) Appropriate provision of parking must be supplied and all parking costs (if any), must be paid for by the Hirer in advance of The Company arriving on site.

4. DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT

(a) The Company will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible the company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment and where alteration is, in the opinion of the Company fundamental, the Hirer may terminate this contract by giving written notice to the company within 7 days of notification of the changes and any deposit paid will be refunded.

(b) The Hire Charge is based on the assumption that the Hirer provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles, is free from flooding, trees and overhead obstruction. If this is not the case or if the Hirer wishesthe Company to erect the Equipment in a different position on the site to the one indicated by the Hirer to the Company at the time of booking and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price.

5. PAYMENT

(a) Payments must be made in accordance with the terms stated in the Company’s quotation. Should settlement not be made by the Hire date then interest will be charged at 8% per annum.

When the Hirer books, they must pay an agreed deposit outlined in these terms and conditions as non refundable for the event and date booked.  At least 3 months before the event the Hirer must pay the full balance amounting to the total Hire Charge and all disbursements, delivery costs, waiver fees and all other documented costs agreed, these payments are then non refundable in the event of cancellation.

When the Hirer books, we will send a booking confirmation. Mistakes can happen, so if any price on the booking confirmation or the Company’s booking systems is obviously wrong, a booking made based on that price won’t be valid, the Company can cancel it and make amendments so that the correct price is stated.

If the Hire Charge price changes from the date of booking because of movement in  inflation, relevant exchange rates, taxes or fees charged by someone else including the venue, the Company can charge the Hirer that increase.

The company will notify the hirer if the company is to become VAT registered within 1 month of doing so.  The prevailing rate of VAT will be used when payments are made from time to time.

(b) Changes in the cost of the following (but not relating to postponements or cancellations  under clause 18 ‘Cancellations’ below) mean that the price of your hire may change after you have booked, however, there will be no change 28 days prior to commencement of the hire:

The price of transportation resulting from the cost of fuel or other power sources; The level of taxes or fees applicable to the hire imposed by third parties not directly involved with the hire; Increases in the rate of inflation.

You may be charged for the amount of any increase in accordance with this clause.  However, if this means that you have to pay an increase of more than 10% of the total price of your confirmed hire (excluding any insurance premiums, amendment charges and / or additional services ) you will have the option of (i) accepting the price increase and pay the requested amount (ii) cancelling your booking and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services which do not form part of your booking.  Should you decide to cancel for this reason, you must exercise your right to do so in writing to info@beauandbell.co.uk within 7 days of the issue date printed on your final invoice.

6. LOSS OR DAMAGE

(a) The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the Company’s equipment from completion of erection until dismantling. This includes issues arising from bad weather conditions, wind damage and flooding.  The Hirer is reminded that the tipis should be zipped up at all times unless when in use and no risk of damage can occur.

(b) The Hirer must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.

(c) The Hirer shall leave the Equipment in a clean and tidy state, as it was from completion of erection, removing all personal belongings and rubbish otherwise a reasonable surcharge will be applied for cleaning and will be deducted from the damage deposit and / or charged directly to the Hirer.

7. INSURANCE

(a) Risk of loss, damage and use of and the Equipment passes to the Hirer when the Equipment leaves the Company’s possession or control and remains with the Hirer until the Equipment is returned to the Company’s physical possession and control. This shall apply notwithstanding the termination of a Booking or the expiration of the Hire Period.

(b) Ownership of the Equipment remains the Company’s at all times. The Hirer has no right, title or interest in the Equipment except that the Equipment is hired to the Hirer.

(c) The Hirer can make payment of a “Damage Waiver Fee” for Tipi Hire.  Damage Waiver Fee’s are non refundable.  If damage waiver fees are opted for then the Company provides insurance covering the equipment against: Theft, Vandalism, Fire and explosion, Storm and tempest.  The risk for any exclusions under the Company’s insurance passes to the Hirer on delivery of the Equipment.  Should the Hirer refuse to pay the waiver they must provide proof of having arranged insurance in their name for the Equipment at least twenty-eight days prior to the Hire Period.  For the avoidance of doubt responsibility for the insurance of the Site Location is the Hirer’s.  Please note that Damage Waiver Fees are NOT an insurance policy. They do not cover event cancellation, public or employer liability or any other liability, other than accidental damage to the tents and tipi’s. The Hirer remains responsible for all loss and damage, resulting from negligence, legal liability or any Third Party Equipment. Damage waiver fees are typically 5% of the total cost of the invoice and payable to cover the insurance of the Equipment.

(d) For the avoidance of doubt the Hire Charge (as set out in the Invoice) does not include making good to any repairs, including cleaning costs incurred by the Company, to tipis or the Location caused by the actions or omissions (which need not be negligent) of the Hirer, the Hirers guests or Hirers contractors.

(e) The risk for any exclusions under the Company’s insurance passes to the Hirer on delivery of the Equipment.

The Hirer is to keep the Equipment on site at all times and not attempt to move the equipment to any other location without the Company’s prior written consent; to keep the Company fully informed of all material matters relating to the Equipment; not to use the equipment for any unlawful purpose ; report the loss or damage arising from fire, theft, weather or vandalism to the police immediately upon discovery and to the Company within 24 hours.

EXCLUSIONS FROM THE COMPANY’S INSURANCE

Exclusions include but are not limited to:

(a) Furniture and anything hired except the Tent and Tipi structures.

(b) Insurance excess – The insurance cover excludes the first £1000 per Tipi of any claim and this is payable by the Hirer.

(c) Cover only applies to equipment that is delivered by the Company and does not include any equipment provided by a sub-contractor, unless invoiced by the company.

(d) Disappearance, Unexplained or inventory shortage

(e) Consequential Loss

(f) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.

(g) Any breach of the Company terms and conditions as herein stated will negate the insurance policy

(h) The Hirer is to keep the Equipment on site at all times and not attempt to move the equipment to any other location without the Company’s prior written consent; to keep the Company fully informed of all material matters relating to the Equipment; not to use the equipment for any unlawful purpose.

(i) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to the Company within 24 hours.

8. THE HIRERS INSURANCE

(a) Should the Hirer not pay Damage Waivers referred to under section 7, the Hirer shall arrange their own insurance and be responsible for and indemnify the Company against any loss to all hired Equipment whatsoever the cause.

(b) The Hirer shall be responsible throughout the Period of Hire for the maintenance and safe custody of the Equipment.

(c) The Hirer must be satisfied with the Equipment before use and should notify the Company of any incorrect deliveries or unacceptable equipment before use.

(d) The Hirer shall at its own expense insure Equipment (not Tipis if using the damage waiver option) with an insurance company of repute against all loss or damage (whether or not the Hirer’s or the Company’s fault) in an amount equal to its replacement cost new and against liability for any continuing Hire Charges until earlier of: return of Equipment to the Company in good working order and condition (fair wear and tear excepted) or if not capable of economic repair its replacement with equivalent new equipment or receipt by the Company of payment in full of its replacement cost new and all other sums due hereunder.

(e) The Hirer hereby irrevocably authorises the Company in name and on behalf of the Hirer to make any claims under the insurance in respect of loss of or damage to Equipment, to settle or compromise such claims and to receive and give good discharge to insurers for any moneys payable. The Hirer shall not do or allow to be done any act or thing whereby insurance of Equipment may be invalidated.

(f) If Equipment is lost or damaged, the Hirer shall notify the Company immediately, assist in making appropriate claims under such insurance and not without the Company’s consent settle or compromise any claim.

(g) The Hirer will on request at any time produce to the Company a receipt for current premium and the insurance policy documents in the Hirer’s name and covering all Equipment.

(h) The Company accepts no responsibility for loss or damage to any equipment or materials of the Hirer or any Third Party Equipment, which the Company may agree to store or transport, and any such equipment or materials shall at all times be at the Hirer’s risk.

9. WEBSITE

(a) You are permitted to use Beauandbell.co.uk and the material contained in it only as expressly authorised by us subject to the Conditions and our policies.

(b) The contents of Beauandbell.co.uk are protected by copyright (including design copyrights), trade mark, patent, database and any other intellectual property rights and similar and you acknowledge that the intellectual property rights in the material and content supplied as part of Beauandbell.co.uk shall remain with us and our licensors.

(c) You may download the content and any other downloadable material displayed on Beauandbell.co.uk subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of Beauandbell.co.uk other than for personal use is expressly prohibited.

(d) Beauandbell.co.uk may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such website or resources, and do not endorse or review, and are not responsible or liable in any way, whether directly or indirectly, for the content or privacy practices of such websites or resources.

(e) We cannot guarantee and cannot be responsible for the security or privacy of Beauandbell.co.uk and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of Beauandbell.co.uk or you downloading any material posted or promoted on Beauandbell.co.uk or from any website linked to it.

(f) We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

10. LIABILITY AND INDEMNITY

(a) Notwithstanding any other provision in the Conditions, nothing will affect or limit the Hirer’s statutory rights or will limit the Company’s liability for:

– Death or personal injury resulting from the Company’s negligence

– Fraud or fraudulent misrepresentation

– Any matter for which it would be unlawful for the Company to exclude or attempt to exclude our liability

(b) The Services, including those on the website beauandbell.co.uk are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and the Company make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on beauandbell.co.uk including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

(c) The Company will not be liable if beauandbell.co.uk is unavailable at any time and we make no representation or warranty of any kind regarding the availability of beauandbell.co.uk or that it will be timely or error free, that defects will be corrected, or that beauandbell.co.uk or the server that makes it available are free of viruses or bugs.

(d) The Company will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

– any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

– any loss of goodwill or reputation; or

– any special or indirect loss; or

– any loss of data; or

– wasted management or office time; or

– any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under the Conditions and/or the Contract and/or the use of beauandbell.co.uk or any aspect related to the Hirer’s purchase of the Services

(e) In the event that the Company fails to fulfil any terms of the hire contract the Company’s liability is limited to refund or cancellation of any hire charge and in no circumstances will the Company be liable for any indirect, special or consequential loss or damage (whether loss of profit or otherwise), costs, expenses or other claim whatsoever which arises out of or in connection with the hire of the equipment, except where liability may not be excluded by law.  The Company’s entire liability under and in connection with the hire contract shall not exceed the amount of the hire charge, except where liability may not be limited by law.

The Company shall not be liable for damage or loss of any of the equipment.  The Hirers statutory rights are not affected.

The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.

(f) The Hirer agrees to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of the Conditions by you, or any other liabilities arising out of your use of beauandbell.co.uk or any other person accessing beauandbell.co.uk using your personal information with your authority.

(g) This clause does not affect your statutory rights nor does it affect your contractual rights.

11. THE HIRERS RESPONSIBILITY

(a) The Hirer should not enter the equipment whilst the Company is erecting it.

(b) The Hirer should keep any part of the equipment that is a framed structure / tipi completely closed and secure while not in use during the period of Hire unless agreed otherwise with the Company.

(c) The Hirer should not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.

(d) If any part of the Equipment includes electrical apparatus the Hirer is to provide such power points or supply as may be reasonably required by the Company

(e) The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind, other than what is provided for and appropriate to use, inside the Company’s tents without the previous consent in writing of the Company.  No cooking or use of gas appliances of any kind should be used inside the Company’s tipis.

(f) The Hirer is responsible for any damage and loss caused to the equipment regardless of culpability, and therefore should the security deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage.

(g) Any naked flames used on site in proximity to the tent are entirely at the Hirers own risk.

(h)  No animals are allowed inside the Company’s structures, without the previous consent in writing of the Company.

(i) No smoking is allowed inside the Company’s structures.

(j) The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered during the period of your usage. Your statutory rights are not affected.

(k) Barbecue equipment or open fires outside are to be placed a minimum of eight feet from the tipi’s or tent and not left unattended whilst in use and are the Hirer’s entire responsibility.  Fire pits, other than those provided by the Company for use in tipi’s, are not permitted in the tipi’s.  Use of the Company’s fire pits are the responsibility of the Hirer during the period of hire and the Company holds no liability for their use during the period of hire.

(l) In certain circumstances, such as the use of private land, The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Hirer. Where appropriate obtain a license from the Local Authority. Any requirements under the license must be notified by the Hirer to the Company in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly and the Contract shall be deemed to have been cancelled by the Client.

(m) The hirer will be responsible for any additional costs incurred to the company as a result of any booked equipment not being able to be erected/laid due to incorrect measurements, varying height levels or undisclosed site complications of which the company were not informed in writing.

(n) The hirer will be responsible for any costs incurred by the company due to changes being requested once the erecting of tents has begun.

(o) The hirer is to oversee all Third Party Suppliers bringing their equipment into or around the tipis and to ensure no equipment is placed within 10 feet of the tipi canvas (inside or outside) either by the Third Party Suppliers or the Hirer without prior written agreement with the Company.

(p) The Hirer is not to tamper with any fire extinguishers as provided by the Company (for use with any fire places provided) except for use in appropriate circumstances. Any fire extinguishers belonging to the Company found to be tampered with inappropriately during the Period of Hire will be subject to an additional charge.

12. OWNERSHIP

All equipment remains at all times the property of the Company.  The Hirer may not sub-hire or part with possession of the equipment or any part of it and may not allow any lien or encumbrance to be created over the equipment.

13. LIABILITY TO THIRD PARTIES

The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence of the Company.

14. ERECTION AND DISMANTLING

The Company normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property.  In these exceptional circumstances The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered from erecting and / or dismantling the Company’s property.

15. ATTENDANCE

The Hire charges do not include attendance by the Company’s workforce, employed or sub-contracted, except during the actual processes of erecting and dismantling the tent and tipi’s.

16. FORCE MAJEURE

(a) Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:

acts of God, strong gale (constant Beaufort scale 8 and above at any point from erection to take down period), flood, drought, earthquake or other natural disaster;

epidemic or pandemic;

terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

nuclear, chemical or biological contamination or sonic boom;

any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

collapse of buildings, fire, explosion or accident;

any labour or trade dispute, strikes, industrial action or lockouts;

non-performance by suppliers or subcontractors

and interruption or failure of utility service.

(b) The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Part

The Affected Party shall:

as soon as reasonably practicable after the start of the Force Majeure Event notify the other party [in writing] of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations the party not affected by the Force Majeure Event may terminate this agreement by giving written notice to the Affected Party but be bound by the cancellation terms in Clause 18 ‘CANCELLATION’

17. CHOICE OF LAW

This contract will be governed by the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales.

18. CANCELLATION

Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.

100% of the Hire price for notice less than 3 month prior to the Hire period.

25% of the Hire price for notice more than 3 months prior to the Hire period.

In the event of legislation preventing the event from going ahead, the following cancellation policy will be in place. Complete cancellation of the event – the 25% deposit will be lost.  Re-arranging of the event to an available new date (permitted once), subject to availability, within the same year as booked – no loss of deposit.  Re-arranging of the event to an available date the following year, subject to availability – 50% of the 25% deposit lost (this will need to be replenished within 90 days of the rearranged date being confirmed unless otherwise agreed with the Company) and 50% of the 25% deposit carried forward to new date.  If a booking is moved to another date and the Company becomes VAT registered then 20% VAT will apply on balances outstanding from the point in time that the Company has become VAT registered.

19. OTHER

The Company reserves the right to amend their website and terms and conditions at any time, without prior notice, the Hirers obligations not being limited to the above.

The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.

If any clause is deemed invalid it will not affect the rest of the terms and conditions.

20. ENTIRE AGREEMENT

This contract constitutes the entire agreement between the Company and the Hirer.  No verbal representations or arrangements are recognised by the Company.

Nothing in this agreement shall exclude or in any way limit:

(a) either party’s liability for death or personal injury caused by its own negligence;

(b) either party’s liability for fraud or fraudulent misrepresentation; or

(c) any other liability which cannot be excluded by law.

This agreement sets forth the full extent of the Company’s obligations and liabilities in respect of the equipment and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Company except as specifically stated in this agreement. Any condition, warranty or other term concerning the equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.

A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a fully completed booking form and / or invoice with a deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Hirer.