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Ts & Cs: Hire

Great British Glamping‘s Terms and Conditions of Hire

1. Definitions

‘Company’ means Great British Glamping whose head office is Manor Farm House, Monkton Farleigh, Bradford on Avon, BA15 2QF.

‘Client’ is the person hiring the equipment from the company.

‘Equipment’ is the bell tent(s) and other materials provided by the company as part of the service offering.

‘Period of hire’ is the period between completing the set up of the bell tent(s) and the dismantling.

‘Hire charge’ is the amount payable by the client to the company as specified on the invoice.

‘Invoice’ is the form issued by the company to the client requesting payment of the hire charge and containing details of the equipment and period of hire.

Conditions

Unless stated in writing all orders are accepted subject to the terms and conditions of hiring stated below and the client by authorising or allowing work to proceed is deemed to have acknowledged this.

The Company Undertakes:

– To deliver the equipment and proceed to erect it on or before the set up date shown on the invoice.

– To dismantle and remove the equipment from the site on or after the dismantling date shown on the invoice.

The Client Undertakes:

– To pay the security damage deposit of £50.00 for each tent hired and to pay the balance no later than one month prior to the hire date.  The company reserves the right not to provide the equipment should payment not be received.

– To pay interest on all monies outstanding at the rate of 4% per annum above the base rate of the NatWest Bank Plc.

– To provide the company with either a plan showing the position in which the equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose.  In the absence of both then the company having erected the equipment where it thinks it shall fit shall be deemed to have completed the contract.  In any event, the client and not the company will be responsible for any damage to underground pipes, cables or conduits.

– To obtain permits from any authorities who are or maybe concerned and to make applications 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 by the client.

– Where appropriate to obtain a license from the local authority.  Any requirements under the licence must be notified to the company in writing, at least 28 days prior to the erection.  Should the company for any reason be unable to comply with these requirements then the client shall be notified and the contract shall be deemed to have been cancelled by the client.

– If any part of the equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by the company within 15 metres of the equipment.

– Not to enter the equipment whilst it is being erected or dismantled by the company.

– Not to use any lighting, heating, cooking or other gas or electrical appliances without prior written consent of the company.

– Not to light or to allow to be lit, any fire, candle or other naked flame within or close to the equipment without prior written consent from the company.

– To keep any part of the equipment that is a tent completely closed and secure and in particular any door fastenings when not in use.

– Not to tamper with the structure or any part of the equipment and in particular not to affix or suspend from the equipment any item whatsoever without the company’s prior consent.

– No smoking is permitted in or within 5 metres of the bell tent(s) or of the company’s equipment.

– No animals are allowed inside the tents, without the previous consent in writing of the Company.

Variations

The hire charge is based on the assumption that the client provides a firm and level site, that is served by a main access road adjacent to the site with adequate hard standing for vehicles, and is free from flooding, low-hanging trees and overhead obstructions.  If that is not the case or if the client wishes the company to erect the equipment in a different position on the site to the one indicated by the client 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.

The company will use all reasonable endeavours to supply the client with the equipment, but where this is not possible the company will notify the client as soon as possible with any alterations to the design and the specifications of the equipment and where alteration is fundamental the client may terminate this contract and any deposit paid will be refunded.

Loss and Damage

The client will pay a refundable security deposit which, subject to compliance with these terms and conditions, will be refunded in the weeks following a period of hire.  The company reserves the right to withhold all or part of the security deposit to compensate against losses or damages caused to equipment during the period of hire.  If the sum of losses or damages is greater than the amount or security deposit held by the company, the company reserves the right to charge the client retrospectively for the required amounts.  Where possible photographs of losses or damage will be taken and shared with the client along with a written record of any claim.

Where losses or damages are sustained to equipment during a period of hire, wherever possible the client should make the company aware of such instances as soon as practically possible.

The client shall throughout the period of hire be responsible for the insurance and safe custody of the equipment.

The client must be satisfied with the equipment before use and should notify the company of any miscounts, incorrect deliveries and unacceptable equipment before use.  Failure to do so will be the responsibility of the client and not Great British Glamping.

The client shall cover the company against the full value of any loss, damage or excessive soiling howsoever caused, unless caused by negligence by the company.

Understanding

The hire charge does not include making good any repairs to the site unless caused by the negligence of the company’s employees, agents or contractors.

Cancellation

Either party will have the right to terminate this contract without penalty within 14 days from the date on the initial invoice subject to written confirmation of such termination being given by one party to the other within such period.  In the event of such termination by either party the company will refund to the client all sums paid by the clients to the company by way of deposit or otherwise.

Once the fourteen days referred to in the preceding clause has passed should either party cancel the contract, compensation will be paid at 50% of the hire charge.  If cancellation occurs by either party within 60 days of the set-up however, the compensation will be the full hire charge.

Exclusion of liability

The company shall make every effort to complete the erection of the equipment on or before the set date shown on the booking form provided that the client has complied with the undertakings shown above.  If the equipment is not erected on or before the set up date shown on the booking form the client shall have the right to withdraw, and the company shall return all monies paid.  If the equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control, the company shall not be liable to pay further compensation to the client.

The company will take all reasonable care to avoid damage to the client’s own equipment, but cannot be responsible for any loss suffered by the client in respect thereof other than as a result of the negligence of the companies employees, agents or contractors.

Third Party Liability

The company will not be responsible for and the client will indemnify the company against all claims for the injury to persons or the loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of the company.

The client expressly acknowledges that the company are not the original manufacturer or supplier of the equipment.  The company accepts no liability for any injury or death from any claim or proceedings arising from this contract with the client

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.

Whilst every effort will be made by the company to carry out any booking accepted, 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, or any other cause beyond the control of the Company. If the event for which the tents have been hired is cancelled, the company will not be liable.

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

v1.2 2018.

 

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