Terms & Conditions

Beau and Bell Tent Hire Limited: Terms and Conditions

DEFINITIONS

‘THE COMPANY’ is Beau and Bell Tent Hire Limited incorporated and registered in England and Wales with company number 11405142 whose registered office is at Third Floor South, One Jubilee Street, Brighton, BN1 1GE.
‘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.
‘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 between the Company and the Hirer.
‘BOOKING FORM’ is the form issued by the Company to the Hirer containing details of the Equipment, Period of Hire and Hire Charge.
‘EQUIPMENT’ means the bell tents, tipi(s) and other materials specified on the Booking Form being owned and maintained by the Company provided to the Hirer. Equipment does not include that of Third Party Suppliers.
‘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 and a note accepting our Quote.

Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the Hirer by paying a deposit, authorising or allowing work to proceed is deemed to have acknowledged this.

A non-refundable deposit of 25% of the total hire cost is payable on booking.

The balance plus a returnable damage deposit per tent / tipi is payable 28 days before the delivery date stipulated in the booking form.  Damage Waiver Fee’s can be used as a means to avoid paying and not having returned a Damage Deposit, however, Damage Waiver Fee’s are non refundable.

Bookings received less than 28 days in advance of arrival will require payment to be sent in full with the booking form.

Notice of cancellation of the booking by the hirer must be provided to the Company to be received not less than 28 days prior to delivery.

Cancellation of less than 28 days prior to your arrival will result in 100% of the hire charge being forfeited.  You may wish to obtain event insurance to cover this.

The damage deposit seeks to cover damage, breakages or extra cleaning that may be required but is not the extent of the hirers liability should items hired be damaged or be lost in excess of the damage deposit value. Damage deposits will be returned within seven days of departure, minus deductions if applicable, which will be fully itemised.

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.

 

  1. 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.

(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.

(c)The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the Company’s booking forms and related website, specific to their booking.

(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 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.

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

(g) 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.

(h) 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.

 

  1. 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 fundamental the Hirer may terminate this contract 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 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 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 in accordance with the Company’s published price list and hourly labour rates then in force.

 

  1. LIMITATON OF LIABILITY OF THE COMPANY

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.  The Company’s entire liability under and in connection with the hire contract shall not exceed the amount of the hire charge.  The Company shall not be liable for damage or loss of any of the equipment.  Your 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.

 

  1. PAYMENT

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 above the base rate of the National Westminster Bank Plc.

 

  1. 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.

(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, a reasonable surcharge will be applied for cleaning if it is not and will be deducted from the damage deposit and / or charged directly to the Hirer.

 

  1. THE COMPANY’S INSURANCE

The Hirer has the option of paying damage deposits representing insurance excesses under clause 9 (b).  If damage deposits 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.

 

  1. EXCLUSIONS FROM THE COMPANY’S INSURANCE

Exclusions include but are not limited to:

(a) Furniture

(b) Insurance excess – The insurance cover excludes the first £100 per tent or first £250 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.

 

  1. THE HIRER’S INSURANCE

(a) Should the Hirer not pay Damage Deposits referred to under Clause 8, the Hirer shall 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 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) Upon payment of a “Damage Waiver Fee” referred to in the booking form and /or quotation then clauses 10 (d), 10 (e), 10 (f), 10 (g) above will not apply. Please note that the Damage Waiver Fee is NOT an insurance policy. It does not cover event cancellation, public or employer liability or any other liability, other than accidental damage to the tents and associated equipment. The Hirer remains responsible for all loss and damage, resulting from negligence, legal liability or any Third Party Equipment.
(i) 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.

 

  1. 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 or a tent or a tipi completely closed and secure while not in use during the period of Hire.

(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 tents and 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 tents, without the previous consent in writing of the Company.

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

(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, clause 10(i) refers.

(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 1 ft of the tipi canvas (inside or outside) either by the Third Party Suppliers or the Hirer.

(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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 tipis.

 

  1. FORCE MAJEURE

The Company will not be liable for any: Act of God including but not limited to  tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.

While every effort will be made by the Company to carry out any booking accepted, however, the full performance of it is subject to variation or cancellation by the Company consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.

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.

 

  1. 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 28 days prior to the Hire period.
25% of the Hire price for notice more than 28 days prior to the Hire period.

 

  1. 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.

 

  1. 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 with a deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Customer.