Ding-Dong Bell Tent Hire – Terms and Conditions of Hire
Ding-dong Bell Tent Hire is a sole trader company owned by Mr R Bluffield of Old Woodside Farm, Green End, Maulden, Bedfordshire MK45 2AB.
“Company” is Ding-Dong Bell Tent Hire
“Hirer” is the person hiring the equipment from the Company and whose name and address appears at the top of the Contract of Hire of which these terms and conditions form a part. The Hirer must be at least 18yrs of age and provide proof of identity before the start of the Hire Period. The company reserves the right not to hand over any Equipment if the Hirer cannot properly identify himself/herself. In these circumstances no refund will be given.
“Hire Period” is the period stated on the Contract of Hire and shall be the date from which the equipment is collected or received by the hirer from the Company or its agents, until the date that the Hirer is due to return the equipment or the equipment is due to be collected from the hirer by the Company.
“Equipment” is the tent and/or any associated items of equipment such as garden games, rugs sleeping mats and other related items that the Company may provide for hire.
“Contract of Hire” is subject to these Terms and Conditions. It will state the name and address of the Hirer, the Equipment being hired, the Hire Period, the Hire Cost, the payment received and the Deposit held.
“Hire Cost” is the total cost of hire as stated on the Contract of Hire.
“Part Payment” is the payment required in order to secure a booking and will be equal to 25% of the total hire cost. Unless otherwise stated by the Company, this is non-refundable.
“Deposit” is the payment of £100 required from the hirer and held by the Company. This will be returned to the hirer within 7 days of the end of the hire period provided the equipment is returned intact. In the event it is not intact or requires extra cleaning, the Company may keep all or part of the deposit to pay for repair, replacement or cleaning costs.
1) The Company provides the service of hiring tents and/or associated equipment. The hire service may include the delivery and erection of the tents by the Company or it’s agents as well as the hiring of tents (and/or associated equipment) on a collect and return basis whereby the Hirer collects the tent (and/or equipment) from the Company and the Hirer is responsible for the erection of the tent.
2) These terms and conditions apply to all contracts entered into between the Company and the Hirer unless expressly stated 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 at the time of booking and receipt of part payment.
3) The Hirer accepts full legal liability for all the equipment listed on the Contract of Hire irrespective of whether the equipment is for the hirer’s personal use or that of another member of his/her party, booking under the same booking number.
Conditions of Hire
a) Quotes are provided on the basis that a booking is not confirmed until the Hirer has accepted our quote and Part Payment is received upon which the Hirer will be deemed to have accepted these Terms and Conditions.
b) The Part Payment is required to secure the booking and is non-refundable.
c) The balance of the Hire Cost plus the Deposit is payable no later than 21 days prior to the start of the Hire Period. Bookings made within 21 days of the start of the Hire Period will require payment in full of the Hire Cost, plus the Deposit.
d) Notice of cancellation must be received no later than 7 days before the start of the Hire Period. Notice must be given in writing or email. The Cost of Hire, plus the deposit, less the Part Payment will be returned to the hirer. If notice is given later than this, then only the Deposit will be returned but the full Cost of Hire will forfeited.
e) It is possible that the equipment which has been booked for hire may have been lost or damaged by the previous hirer. In this event the Company will endeavour to provide the Hirer with similar Equipment but if this is not possible or if the Hirer should not wish to take the alternative equipment, then a full refund will be given. However, the Company accepts no further liability.
f) Cheques or bank transfers should be made to Mr N B Bluffield. The Company’s invoices are for payment on receipt.
a) The Hirer or his/her agent will sign a receipt for the Equipment on collection or receipt of it. By signing the Hirer or his/her agent acknowledges that they have inspected the Equipment and confirms that it is the Equipment ordered and that it is in satisfactory condition.
b) The Hirer accepts full legal liability for the Equipment during the Hire Period. The Company reserves the right to charge the Hirer the full replacement cost of such Equipment in the event that it becomes lost or stolen during the Hire Period.
c) If the Equipment is returned after the end of the Hire Period, the Company reserves the right to charge the Hirer a daily rate equal to the pro-rata daily Cost of Hire together with any legal fees or associated recovery costs. These costs may be deducted from the Deposit.
d) The hirer should never presume that any other equipment is included in the Contract of Hire other than that stated in the Company’s booking forms and Contract of Hire.
6) Pitching of the tent
a) The Contract of Hire and the Cost of Hire are on the basis that the site is a flat, firm ground, and sufficient and clear area is available, with no cables or tree or other obstructions and there are no cables or drains or other services concealed below the surface. The Cost of Hire does not include any making good or repairing of damage to the site. Any flooding caused is the responsibility of the Hirer.
b) If the equipment is to be delivered and erected by the Company, then the Hirer must ensure there is easy access to the site and nearby parking. The Hirer must be present at the site, or otherwise provide a plan showing the pitch location, in the absence of which the Company will erect the tent(s) where they deem it most appropriate and shall thereby be deemed to have fulfilled their obligations under the Contract of Hire.
c) 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 of Hire will become void and the customer advised accordingly.
d) The Hirer is to keep the Equipment on site at all times and not attempt to move the Equipment to another location without the prior written consent of the Company. The Hirer must inform the Company immediately of any loss or damage to the equipment.
a) The Company’s entire liability under and in connection with the Contract of Hire shall not exceed the amount of the Hire Cost. The Company shall not be liable for damage or loss of any of the Equipment. Your statutory rights are not affected.
b) Whether the hire is on the basis of the Hirer erecting the tent or on the basis of the Company erecting the tent, the Company accepts no legal liability in the event of any damage to property or persons arising from the erection, dismantling or the use of the Equipment. The Hirer agrees that the Company or its agents accept no liability for any personal injury or damage to any persons or property suffered during the Hire Period. Your statutory rights are not affected.
c) The tents are flammable and the following conditions must be adhered to:
(i) No BBQ or gas heaters are to be used in the tent.
(ii) No smoking or naked flames are allowed inside the tents.
(iii) The Hirer should not use lighting, heating, cooking or other gas or electrical appliances of any kind inside the tent, without the prior consent in writing of the Company.
(iv) Any naked flames or BBQ’s used in proximity to the tent are entirely at the Hirer’s own risk.
d) The hirer should not tamper with the structure and in particular not affix or suspend from the equipment any item whatsoever without prior written consent from the Company.
e) The tent should be completely closed and secure when not in use during the Hire period.
f) No animals are allowed inside the tents without prior written consent from the Company.
g) In the event of strong winds over 30-35 mph the Hirer must check all guy ropes are still fastened down properly. In extreme cases of severe wind it may be necessary to dismantle the tent.
h) The Company will not be responsible for and the Hirer will indemnify the Company against all claims for injury to persons or loss or damage to property howsoever caused.
8) Force Majeure
a) 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.
b) 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.
a) The Hirer shall during the Hire Period be responsible for the maintenance and safe custody of the Equipment.
b) The Hirer must be satisfied with the Equipment before use and should notify the Company of any missing or damaged items.
c) The Hirer shall leave the Equipment in a clean and tidy state after use, and if applicable (where the Contract of Hire is on a collect and return basis) make all reasonable efforts to ensure the tent has been dried out prior to re-packing and to notify the Company if this has not been possible. If this is not the case, a reasonable surcharge for cleaning will be applied and deducted from the Deposit.
d) The Contract of Hire will be governed by the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales.
e) 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.
f) The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.
g) If any clause is deemed invalid it will not affect the rest of the terms and conditions.
h) This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.
i) Nothing in this agreement shall exclude or in any way limit:
(i) either party’s liability for death or personal injury caused by its own negligence;
(ii) either party’s liability for fraud or fraudulent misrepresentation;
or (iii) any other liability which cannot be excluded by law.
j) 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.
k) 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.