TERMS & CONDITIONS
Please Read Carefully
Figurati Events Ltd, whose trading name The Bell Tent Experience is registered in England & Wales.
Company number: 13293202
Definitions:
“Booking” is a contract entered into by the Hirer and the Company.
“Company” is Figurati Events Ltd, whose trading name is The Bell Tent Experience. The head office is Unit 9 Queen Square, Ascot Business Park, Ascot, Berkshire, SL5 9FE. Figurati Events Ltd is registered in England & Wales.
Company number: 13293202.
“Deposit” acts as a refundable damage deposit of £75.00, that will be transferred back to the Hirer within 7 days of dismantling based on the state of the Equipment at dismantling.
“Equipment” is the bell tent/s, teepees, furnishings & any other items provided by the Company for the use of the Hirer.
“Hirer” is the person hiring the Equipment from the Company and whose name appears on the booking confirmation. The Hirer must be at least 18 years of age.
“Hire Charges” is the total amount due under the invoice including delivery, assembly, installation, disassembly and collection of the Equipment.
“Hire Period” means the time commencing with the arrival of the Equipment on-site and terminating when the Equipment is removed by the Company.
“Invoice Amount” means the full amount payable by the Hirer, including all Equipment, service and the Deposit.
General
These terms and conditions apply to all contracts entered into between the Company and the Hirer, they are the whole agreement and override all other communications and upon completion of the booking confirmation and payment of the full Invoice Amount and Deposit the Hirer is deemed to have accepted them. Any offer of Equipment is subject to stock being available on receipt of a full payment at the time of Booking.
1. Conditions
A booking is not confirmed until the full Invoice Amount is paid by the Hirer, and a booking confirmation is sent to the Hirer. The balance of the full Hire Charges is the responsibility of the Hirer and is payable in full, at the time of Booking. In addition to the Hire Charges, a refundable damage Deposit of £75.00 will be added to make the total Invoice Amount.
The Deposit covers damage, breakages or extra cleaning that may be required for all Equipment. This will be returned within 7 days of departure date, minus deductions if applicable, which will be fully itemised. Should replacement or repair costs exceed the Deposit amount taken the Hirer agrees to pay, in full, the extra costs. Cheques should be made payable to “Drinks21 Properties Ltd.”
The Company offers the Hirer 24 hours to cancel the Booking, free of charge. If the Booking is cancelled within 14 days of the booking date, the Company reserves the right to keep 50% of the Invoice Amount. If the Booking is cancelled within 7 days of the booking date, the Company reserves the right to keep 80% of the invoice amount.
2. Site
2.1 The Hire Charges are based on the assumption that the site is a flat, level, grassy area with easy access for motor transport and that has no drains, cables or other services buried beneath the surface or otherwise concealed. The Hire Charges do not include making good or repairing any such damages to the site.
2.2 The Hirer is required to provide the Company with either a plan showing the position in which the tents 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.
2.3 The Hirer should never presume that any other Equipment is included in the Hire other than what is stated in the Company’s booking confirmation and related website, specific to their Booking.
2.4 The Hirer is required to select a site that is not susceptible to bogginess or has poor drainage. Any flooding caused is the responsibility of the Hirer and may be at the cost of the damage Deposit.
2.5 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.
2.6 The Hirer must consider and is responsible for making suitable arrangements for access by people with disabilities and emergency services.
2.7 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.
3. Force Majeure
3.1 Force majeure shall include all events beyond the Company’s reasonable control, including without limitation, fire, war, riots, civil disturbances, local or national strike, missing, deficient or delayed delivery from sub-suppliers, lack of labour and/or fuel, restriction of trade or currency, or government intervention. The Company shall be under no obligation to notify the Customer of the occurrence of the force majeure circumstances.
3.2 If performance of the Company’s obligations is delayed or hindered by circumstances amounting to force majeure, the Company’s duty to perform its obligations shall be suspended for as long as those circumstances
continue and the time for such performance shall be extended accordingly.
3.3 In the event of a force majeure incident, the Hirer has the right to cancel the Booking and will be refunded the full Invoice Amount paid at the time of Booking.
4. Limitation of Liability of the Company
In the event that the Company fails to fulfill 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.
5. Payment
Payments must be made in accordance with the terms stated in the Company’s booking confirmation. Should settlement not be made by the Hire date then interest will be charged at 4% per annum above the base rate of Starling Bank UK PLC.
6. Loss or Damage
6.1 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.
6.2 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.
6.3 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 Deposit and/or charged directly to the Hirer.
7. Insurance
The insurance provided by the Company covers 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.
8. Exclusions from Insurance
Exclusions include but are not limited to:
8.1 Furniture
8.2 Insurance excess – The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.
8.3 Cover only applies to Equipment that is delivered by the Company and does not include any Equipment provided by a subcontractor, unless invoiced by the Company.
8.4 Disappearance, Unexplained or inventory shortage (e) Consequential Loss.
8.5 Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
8.6 Any breach of the Company terms and conditions as herein stated will negate the insurance policy.
8.7 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.
8.8 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.
9. The Hirer’s Responsibility
9.1 The Equipment & structures:
9.1.1 The Hirer should not enter the Equipment whilst the Company is erecting it.
9.1.2 The Hirer should keep any part of the Equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.
9.1.3 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.
9.1.4 The Hirer is responsible for any damage and loss caused to the Equipment regardless of culpability, and therefore should the Deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage.
9.2 Tent rules:
9.2.1 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.
9.2.2 Any naked flames used on site in proximity to the tent are entirely at the Hirer’s own risk.
9.2.3 No smoking is allowed inside the Company’s tents.
9.2.4 Barbecue equipment or open fires outside are to be placed a minimum of eight feet from the marquee or tent and not left unattended whilst in use.
9.2.5 No animals are allowed inside the Company’s tents, with the exception of service animals.
9.3 Additional costs:
9.3.1 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.
9.3.2 The Hirer will be responsible for any costs incurred by the Company due to changes being requested once the erecting of tents has begun.
9.4 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.
9.5 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 organization. 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 to us 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.
10. 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.
11. 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 however caused unless it be proved that such injury or damage was caused by negligence of the Company.
12. 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.
13. Attendance
The Hire Charges do not include attendance by the Company’s workforce, employed or subcontracted, except during the actual processes of erecting and dismantling the tentage.
14. Cancellation
Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company. The Company offers a full refund if the contract is cancelled 24 hours after the Booking is confirmed. If the Booking is cancelled within 14 days of the event occurring, the Company has the right to keep the Deposit. If the Booking is cancelled within 7 days of the event occurring, the Company has the right to keep 80% of the Invoice Amount.
15. Other
The Company reserves the right to amend their website and terms and conditions at any time, without prior notice, the Hirer’s 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.
16. 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 payment of the Invoice Amount by the Hirer
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.