1 DEFINITIONS AND LAW
The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the “Contract”. The Hired item(s) are those stated in the relevant contract and are hereinafter referred to as the “Equipment”. The “Hirer” is the person, company, firm, corporation or public authority taking the Suppliers Equipment on Hire. The parties to the Contract are the Supplier of the Equipment and the Hirer named in the contract. The contract shall be governed by and construed in accordance with the laws of England & Wales.
2 BASIS OF CHARGING
Provisional bookings for parties booked more than 14 days in advance will be held for 48 hours, parties booked within 14 days of the party date will require immediate full payment. Party dates not confirmed within these times will be re-released.
For sleepover tents deposit of £30 (non-refundable) is required to confirm the booking in addition to a completed Booking Form. The remaining balance is due 14 days prior to the booking date. An additional security deposit of £50 will be payable 48 hours before the party. The security deposit is refundable once the equipment has been collected undamaged and fully tested (normally within 48 hours). In the unlikely event that any items are damaged replacement costs will be deducted. Final balances are required no less than 14 days prior to the party. The final numbers and choices must be confirmed at least 14 days prior to the date of the booking. Any booking reductions after this time will still be charged for at the previous rate, with no refunds due.
The Equipment Hirer will pay the hire charge stated in the Contract. Hire charges will commence from the time stated in the contract, and will continue during the period of hire until the equipment is restored to the Supplier in a clean and serviceable condition against the suppliers receipt. All charges are payable on demand. Charges beyond the original hiring shall continue at a hourly rate. Any additional expense incurred by the Supplier in the recovery of the Equipment or any fees or expenses payable by the Hirer under this contract shall be payable in full by the Hirer with interest from the date incurred or due until payment at a hourly rate equivalent to 4% above the Base Rate of the National Westminster Bank Plc over the equivalent period.
3 EXTENT OF CONTRACT
The Contract will come into being between the Hirer and Supplier when the Hirer has places an order and submitted a booking form detailing his requirements and agreeing to be bound by these Conditions and the Supplier has accepted the order.
4 RESPONSIBILITIES OF THE HIRER AND PERSON SIGNING/ACCEPTING
4.1.The person signing the Contract warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so. The said person hereby acknowledges that he has been instructed in the safe and proper operation of the Equipment. The said person and the Hirer jointly and severally hereby undertake to ensure that no-one uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused.
4.2.Shoes, glasses, sunglasses, jewellery, badges etc. must be removed before using the equipment. No face paint, party poppers, confetti, coloured streamers to be used on or near the equipment. No smoking near the equipment. Keep all products/goods away from fire and candles.
Climbing, hanging or sitting on the walls of the equipment must not be allowed as this may cause injury. No food, drinks, drinks glasses or chewing gum is allowed in the sleepover tents. It is responsibility of the Hirer to take duty of care and supervise children with the equipment. Tickle my party sleepover tents are recommended for children over the age of 5, however children under 7 should be supervised at all the times including overnight.
Themed equipment hire is suitable for children older than 36 month, but with adult supervision only at all the time.
4.3.Always ensure the equipment is not over-crowded and limit numbers according to the age and size of the persons using it.
4.4.Ensure users are not pushing, colliding, fighting or behaving in such a manner as to risk injury or cause distress to others, or damage the equipment.
4.5.No sharp instruments are allowed on, in or around the equipment. No running in and out of the Sleepover Tents or side to side. No running around the Sleepover Tents. Do not allow anyone to bounce or jump in the Sleepover Tents. Ensure that no-one uses the equipment if they are feeling unwell.
4.6.During set-up and take down of the equipment, do not allow anyone on or in the equipment as this may cause injury. The set-up and take down of equipment must only be performed by a member of Tickle my party. Tampering is strictly forbidden of any equipment/products at any time by children.
4.7.Please ensure that no pets use the Sleepover Tents.
4.8.Ensure that there is at least a 2ft. clearance on each side of the equipment. The equipment should not be used if it becomes wet. Sleepover Tents are not suitable for outside use and are for indoor use only. All equipment/products are not suitable for children under 36 months.
4.9. It is responsibility of the Hirer to provide Tickle my party staff with all relevant medical/dietary information for all the children attending the party. Tickle my party take no responsibility for allergies (including skin, food, materials etc.) where we are not advised in advance of the condition. All the relevant information should be detailed on the booking form. We are likewise not responsible at any point, for the welfare of the children at the parties, which remains the full responsibility of the Hirer.
5 WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE
Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign a Contract before the goods are handed over, the hirer or his agent agrees to examine the goods at the time of physical hand-over, and the effect of such signature will not become operative until immediately after the physical handover.
6 RESPONSIBILTY OF THE HIRER OR HIS AGENT
6.1. The Hirer’s responsibility for the Equipment commences on the receipt of the Equipment by the Hirer or his agent or on delivery as requested, and ends when the Hirer is in possession of the Suppliers unqualified receipt for all of the Equipment. The Hirer will not sell or otherwise part with control of the Equipment.
6.2. The Hirer shall at all times and in all respects indemnify the Supplier against and from any and every expenses, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer and injury to any servant employee or agent of the Hirer)and in respect of damage to or loss of any property whatsoever, arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non return of the equipment or any part thereof. This sub clause shall not apply in the case of a person dealing as a consumer as defined by the Unfair Terms Act 1077, where the expenses, liability, financial loss or claim or proceeding or damage or loss of any property aforesaid results from the breach of Contract or the negligence of the Supplier.
7 MAINTENANCE OF EQUIPMENT AND BREAKDOWN PROCEDURES
The Hirer shall keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Supplier. Under no circumstance shall the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. Such Equipment must be returned to the Suppliers premises for examination or, when rectification elsewhere is requested, the Hirer agrees to pay carriage if requested by the Supplier.
8 CONSEQUENTIAL LOSS
The Supplier shall not be liable for any consequential loss to the Hirer, including any expenses, liability , loss, claim, or proceeding whatsoever caused by, or arising out of , the late delivery, non delivery, unsuitability, or lawful repossession of the Equipment or any part thereof, or any breakdown or stoppage of same. Nothing in this clause shall affect statutory rights of a person dealing as a consumer as defines by the Unfair Terms Act 1977.
9 NON-RETURNED, LOST,STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
(i) The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment.
(ii) The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any Equipment returned damaged or unclean. Additionally, the Hirer will pay to the Supplier a charge equating to the financial loss of the Supplier until such rectification is complete.
(iii) In the case of Equipment which is lost or stolen or damaged beyond economic repair or in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hirer, the Hirer accepts Liability to pay for all financial loss to the Supplier. The Hirer’s liability under this condition shall be without prejudice to any other rights of the Supplier.
10 DETERMINATION OF HIRE
The Supplier shall be entitled at any time, if the Hirer is in breach of Contract, to terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or any part thereof.
11 RIGHTS OF ACCESS
The Hirer hereby Authorises any Supplier (upon production of this document) to enter upon the premises where the Supplier reasonably believes any Equipment , or any part thereof, to be, insofar as the Supplier in his absolute discretion deems necessary, so as to inspect, test, repair, replace or repossess the same.
12 RIGHTS RESERVED
Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
13 SEPERATE TERM VALIDITY
Should any item in this Contract be held to be invalid, such invalidation will not affect the validity of the remaining items.