Quite dull, but a necessary read.
TERMS & CONDITIONS.
THE COMPANY’ refers to Peg & Mallet.
‘THE HIRER’ refers to the person hiring the equipment from The Company and whose name appears on the invoice and or booking form.
‘THE PERIOD OF HIRE’ is the commencing of arrival with 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 upon payment of invoice.
‘THE EQUIPMENT’ is the bell tent(s) and all furnishing provided by The Company for the use of The Hirer.
‘HIRE CHARGES’ is the total amount due under the invoice including delivery, assembly, installation, disassembly and collection of the equipment.
These terms and conditions apply to all contracts entered into between The Company and The Hirer unless expressly stated otherwise by The Company. Upon payment of the deposit The Hirer is deemed to have accepted these terms and conditions. Any offer of equipment is subject to stock being available on receipt of a deposit at the time of booking.
The Hirer must be 21 years of age at the time of booking.
Quotes are provided but not binding until a deposit has been paid.
A non-refundable deposit of 50% of the hire charges is payable to secure your booking. This can be paid by bank transfer, cleared cheque, bankers draft or by credit or debit card facilitated by Paypal.
The balance is payable 4 weeks before the commencement date agreed at the time of the booking.
Bookings received less than 12 weeks in advance of the period of hire will require 100% payment at the time of booking.
The Company requires a loss and damage deposit of £100 per tent to cover against (but not limited to) damages, breakages, or extra cleaning that may be required. The loss and damage deposit will be returned to The Hirer within ten days of the period of hire terminating less any deductions if applicable. Losses and damages exceeding the £100 damage deposit will be invoiced to The Hirer.
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.
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 will be deemed to have completed the contract.
The Hirer will not presume other equipment is included in the Hire other than that which is stated in The Company’s booking confirmation or invoice.
The Hirer is required to select a site that is suitable with good drainage. The responsibility for loss and damages caused by an inappropriate site rests entirely with The Hirer.
The Hirer must ensure good access to the site. The Company requires free parking and a distance no greater than 20 metres from The Company’s parked vehicle to the pitching site. Failure in this instance will result in surcharges being applied by The Company.
DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT
The Company will endeavour to supply The Hirer with the equipment ordered but where this is not possible The Company will notify The Hirer immediately. If the alterntives are not suitable The Hirer may terminate the contract and any deposit paid will be refunded in full.
In the unfortunate event that The Company must cancel your booking due to Force Majeure (including high winds that make it impossible to set the tents up or heavy rain making the ground too wet to make the tents safe) The Conpany will offer The Hirer a new date with the same package. The Company can not control the weather and will always assess the situation for the safety of The Hirer and will always do their best to help find an alternative.
LIMITATION 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.
The Hirer will not enter the equipment whilst The Company is erecting it.
The Hirer will secure closed The Company’s tents while not in use during the period of hire.
The Hirer will 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 from The Company prior.
The Hirer will not use any lighting, heating, cooking or other gas or electrical appliances of any kind, other than those provided by The Company inside The Company’s tents without the previous consent in writing from The Company.
No cooking or use of gas appliances of any kind will be used inside The Company’s tents.
Naked flames such as campfires are not permitted within 10 metres of the tents.
Balance payments will be made on or before 4 weeks of the commencement of the period of hire. If the balance is not settled on or before 4 weeks of the commencement of the period of hire interest will be charged at 4 % per annum above the base rate of Barclays Bank Plc.
LOSS OR DAMAGE
The Hirer will during the period of Hire be responsible for the maintenance and safe custody of The Company’s equipment from completion of erection until dismantling.
The Hirer must be satisfied with the equipment before use and will notify The Company of any miscounts, incorrect deliveries or unacceptable equipment before use.
The Hirer will leave the equipment in a clean and tidy condition. If not a reasonable surcharge will be applied for cleaning at The Company’s discretion.
THE HIRER’S RESPONSIBILITY
Smoking is not permitted inside The Company’s tents.
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 usage.
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. Costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits will 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 8 weeks prior to the period of hire. Should The Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.
The Hirer will be responsible for any additional costs incurred by The Company as a result of The Company’s equipment not being able to be pitched due to incorrect measurements, varying height levels or undisclosed site complications of which The Company were not informed in writing prior.
The Hirer will be responsible for any costs incurred by The Company due to changes requested after agreement.
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.
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.
ERECTION AND DISMANTLING
The Company provides labour for the erection and dismantling of the tent’s and the cost therefore is included in the Hire charges.
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 tent.
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.
If The Hirer wish to terminate the contract then the following compensation rates will be charged to The Hirer by The Company.
For more than 4 weeks prior to the hire period, £100 per tent will be deducted from your refund. For notice less than 4 weeks prior to the hire period 100% of the hire charge will not be refunded.
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 terms and conditions herein.
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.
These terms and conditions constitute the entire agreement between The Company and The Hirer. No verbal representations or arrangements are recognised by The Company.
Nothing in this agreement will 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 £100 per tent from The Hirer.
Peg & Mallet is committed to protecting and respecting your privacy.
This statement explains how and when we collect information about you, how we use this information and when and whom it may be shared with. It also explains how you can request information held about you.
Who are we?
Peg & Mallet is a tent and camping equipment hire business. Any questions relating to this statement, our privacy practices, or a request for your personal information will be addressed to the data protection officer and sent to the following email – firstname.lastname@example.org
What information do we collect?
Peg & Mallet collects information about you as part of our business process and functions. The information normally includes your name, address, telephone number, names of party members, a contact email address, payment arrangement details and special requirements such as those relating to a disability or medical condition which may affect any party member’s requirements.
What do we use your information for?
Peg & Mallet collects information about you for the purpose of: –
Processing your booking.
Communication with The Hirer.
Carrying out our obligations arising from any contracts entered into by both parties.
Seeking your feedback.
Notifying you of any changes to our services.
Sending you promotional communications which may be of interest to you.
Analyse and review for marketing purposes of Peg & Mallet.
Who do we share your information with?
Peg & Mallet will not share your information without seeking your permission to do so.
How do we treat your information?
All details you give to Peg & Mallet at any time will be kept for the period of your booking, and for a reasonable period thereafter. Peg & Mallet stores your information securely.
How do I find out more about information rights?
In the first instance, please contact Peg & Mallet should you have any query about how your information is being collected, processed and stored.
The Information Commissioner’s website contains further useful information and advice: www.ico.org.uk