TERMS AND CONDITION OF HIRE
1. INTERPRETATION 1. In these Terms and Conditions: 2. "We", "Us" and "Our" means Belvedere Bouncy Castles. 3. "You" and "Your" means the hirer (including any individual, partnership, incorporated association or unincorporated association) who makes the booking on behalf of the people, party or entity/organisation to whom we agree to provide the “Corporate Event" means any contract between You and Belvedere Bouncy Castles for the Service, incorporating these Terms and Conditions. 4. "Contract Price" means the total price that hirer will pay Belvedere Bouncy Castles for our Services. 5. "Event Date" means the date(s) for which the hirer wishes to book the Event. 6. "The Corporate Event" means the activity function, occasion, arrangement, facility or such other service supplied by Belvedere Bouncy Castles. 2. SUPPLY OF THE SERVICE 1. Belvedere Bouncy Castles’ shall provide the Service to You in accordance with these terms and conditions. No Contract exists between the hirer and Belvedere Bouncy Castles for the provision of the Event until we have received Our Event Contract form duly signed by the hirer, or confirmation email. Once Belvedere Bouncy Castles are in receipt of the Event Contract duly signed by the hirer there is a binding legal Event Contract in force between us incorporating these Terms and Conditions. In completing the Event Contract, the hirer warrants that they have been duly authorised by or on behalf of the people, party or entity so stated and they have agreed to be bound individually and collectively by these Terms and Conditions. 2. Belvedere Bouncy Castles are not willing to contract other than on these terms and conditions. No variation of these terms and conditions shall be effective unless it is in writing and signed by an authorized signatory of Belvedere bouncy Castles. 3. Until Belvedere Bouncy Castles receive the Signed Contact or confirmation email, Belvedere Bouncy Castles shall be free to offer the Event Date to other interested parties. 4. Belvedere Bouncy Castles may at any time without notifying the hirer make any changes to the Service which are necessary to comply with any applicable health and safety, or other requirements, or which do not materially affect the nature or quality of the Service. 5. The hirer will provide Belvedere Bouncy Castles with sufficient and accurate information, in sufficient time in order to enable us to book, and provide the Service in accordance with the Event Contract. The hirer is responsible for ensuring the accuracy of the information provided. 6. If the hirer does not have a suitable Power Supply, petrol generators, and or blower are available on request at an additional charge, and must be booked in advance. Otherwise, it is assumed that there is ample power on site for the equipment hired (minimum 13amp power source required). If it is discovered that the power supply is not suitable, the Event will not proceed, No refunds will be given and contractual obligations to pay in full will still apply. If you are in any doubt, please contact us to arrange a visit to site. 3. THE CONTRACT PRICE, PAYMENT & CANCELLATION 1. The Contract Price shall be Belvedere Bouncy Castles quoted price. 2. Belvedere Bouncy Castles reserve the right to correct any typographical or other error or omission in any promotional literature, brochure, website, quotation or other document without incurring any liability. 3. To confirm a booking a non-returnable deposit of £75.00 will be due to Belvedere Bouncy Castles at the time of the booking (A confirmation email will be sufficient to hold the booking for 7 days, but will not be confirmed until the deposit is paid). If a deposit is paid, it will be deemed that the ‘Terms and Conditions’ have been read and understood. 4. For any booking taken at short notice (3 weeks or less), Full Payment will be required upon confirming a booking (payment can be made by BACS). 5. Full payment must be settled 14 days prior to the event date (Unless otherwise agreed in writing). 6. The Hirer agrees that cancellations, for whatever reason are made within 28 days prior to the date of Event Hire, a cancellation Fee of 50% of the total charge will apply. Cancellation 7 days or less prior to the date of Hire/Event full payment (100% of total cost) will be required. 7. Belvedere Bouncy Castles reserve the right to alter, amend, substitute any item or package for any reason, to the same value or greater if it is due to Health and Safety reasons, or circumstances beyond our control. The Hirer will be notified of the change as soon as we are able to do so. No refunds or compensation will be offered as Belvedere Bouncy Castles will substitute the item. If no substitute is provided, the hire value of that equipment will be refunded. 8. In the unlikely event that Belvedere Bouncy Castles cancel the Event, any monies will be refunded, but no compensation will be paid 9. Belvedere Bouncy Castles accept payment of the Contract Price by cash or BACS. 10. If payment of the Event is delayed beyond the date specified on your invoice or agreed otherwise in writing, the hirer shall be liable to pay interest upon the Balance outstanding (both before and after any Judgment) on a daily basis at a rate of 4% above the base rate of the Bank of England from time to time in force from the date that payment fell due until the date that payment is received. Where the circumstances of the parties are such that the Late Payment of Commercial Debts Act 1998 is applicable, Belvedere Bouncy Castles may elect to charge interest at the maximum rate permissible under that Act. In addition Belvedere Bouncy Castles reserve the right in our absolute discretion to dis-apply preferential discounts previously applied to orders should payment not be made by the due date. In addition the hirer shall also be liable for any costs incurred by or on behalf of Belvedere Bouncy Castles in recovering any overdue payment from you. 4. HEALTH AND SAFETY 1. On Your own behalf and on behalf of each and every one of Your guests on the Event Date, You agree to abide and comply with any request or order made by, or on Belvedere Bouncy Castles behalf on the grounds of safety, whether it be the safety of the venue, the guests or some other person, or on any other grounds. 2. On Your behalf and on behalf of each and every one of Your guests on the Event Date, You agree that Belvedere Bouncy Castles opinion, or the opinion of Belvedere Bouncy Castles staff or agents is final, in regard to any matters of safety, and You agree to abide by any such opinion howsoever expressed. If in Belvedere Bouncy Castles opinion or the opinion of Belvedere Bouncy Castles staff or agents, You or one of Your guests are/is behaving dangerously or are/is acting in a manner which would or may, in Belvedere Bouncy Castles opinion or in the opinion of Belvedere Bouncy Castles staff or agents, lead to a disruption of the Service, including excessive drunken behaviour resulting in abuse, may be a hazard to themselves, or a risk to health and safety to others, You or Your guests will, at Belvedere Bouncy Castles request, or at the request of staff or agents, leave the Event for the rest of the duration contracted for, without Belvedere Bouncy Castles or staff or agents incurring any liability as a result. 3. On Your behalf and on behalf of each and every one of Your guests, You agree to obey the proper instructions of any activity supervisor at all times. Belvedere Bouncy Castle does not tolerate abuse towards our staff or agents; we reserve the right to cease operating equipment and withdrawing our services if this occurs. 4. On Your own behalf and on behalf of each and every one of Your guests You agree to make Us aware of any medical condition(s) or disability that may affect Your or Your guest's ability to participate in any particular event. Belvedere Bouncy Castles reserve the right to withdraw You or Your guest if, in Our opinion, You are not in sufficient good health or sufficient fitness to participate in an event item. 5. Belvedere Bouncy Castles will provide You with risk assessment reports and method statements for the activities booked for the Event Date on request. We will also complete a risk assessment in respect of the site should Belvedere Bouncy Castles consider that necessary. 5. FIRST AID 1. The hirer must ensure there is adequate first aid for the Event. Belvedere Bouncy Castles are not responsible for providing first aid to members of the public. Belvedere Bouncy Castles will need to be informed immediately of any accidents, or incidents that occur during the event. Belvedere Bouncy Castles will require copies of any accident forms completed. 6. INSURANCE AND LIABILITY FOR DAMAGE 1. Belvedere Bouncy Castles shall maintain an insurance policy, a summary of which policy is available on request. Cover is subject to the conditions of the policy. 2. Belvedere Bouncy Castles warrant that the Event will be provided using reasonable skill and care and, as far as is reasonably possible, in accordance with Your requirements made known to Us at the time of booking. We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by You which are incomplete, inaccurate, illegible or arising from late arrival or non-arrival of instructions from You or for any other act or default by You or Your guests. 3. Except in the case of death or personal injury caused by Our negligence or that of Our employees or Agents, We shall not be liable to You by reason of any non-fraudulent representation or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Event Booking for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the Service (including any delay in providing, or failing to provide the Service) or its use by You and Belvedere Bouncy Castles entire liability under or in connection with the Event Contract shall not exceed the Contract Price. 4. Belvedere Bouncy Castles and our staff or Agents accept no responsibility for unforeseen events beyond Our reasonable control (including but not limited to any act of God such as a storm or flood, fire, failure of a third party to deliver goods or materials, war, invasion or hostilities, or in Belvedere Bouncy Castles opinion or that of Our staff or agents, any event outside of Belvedere Bouncy Castles control which poses a risk to health and safety howsoever caused causing the Service to be cancelled or altered from that contracted for, although every effort will be made to proceed with the Service where at all possible. In such circumstances the Balance must be paid pursuant to Clause 3.4 above. 5. Any theft or malicious deliberate of any kind to the hired equipment; will be invoiced to the hirer at the cost of repair, if the equipment cannot be repaired, at full replacement cost. If equipment is left on site, the responsibility of the equipment passes to the hirer and the hirer is expected to take all expected to take all reasonable precautions to prevent theft or damage. 6. There is no insurance cover for unsupervised or dry hire items. 7. Belvedere Bouncy Castles PL insurance covers our liability for a safe set-up of inflatables in accordance with current British Safety Standards. Belvedere Bouncy Castles allow for upto 3 members of staff to supervise or man the inflatables. It is the hirers responsibility to check and ensure that you have suitable and adequate insurance, in place for the duration of the event. Belvedere Bouncy Castles PL Insurance does not extend to supervision of third parties if we are not present. Belvedere Bouncy Castles understanding is that "PTA UK' members may have the benefit of being insured for inflatable events, provided by 'Zurich Insurance'. So long as Belvedere Bouncy Castles provide a copy of our details, together with our 'Safe Use Document'. This will be provided automatically on confirmation of booking. 7. WEATHER 1. If Belvedere Bouncy Castles deem the weather conditions such as rain, snow, thunder, lightning, wind, excessive heat and sun pose any Health and Safety Risk, whatsoever, at any point during the Event, belvedere Bouncy Castles reserve the right to close down the equipment until such a point that it is safe to resume use. Most of the inflatables can be used in light to moderate rain, but closure of an inflatable will be at the discretion of Belvedere Bouncy Castles. If the wind reaches over 5 on the Beafort scale, European Standard en 14960:2013 stipulates wind speed (including gusts) of 19-24 mph relating to inflatables to protect lives. Belvedere Bouncy Castles Health and Safety Policy states a maximum of 15 mph at which point the inflatables will be deflated. No reductions in cost will apply for any time lost. 8. SCHOOL EVENTS AND CHILDRENS PARTIES 1. The hirer, being the school/ PTA, or parents shall assume responsibility for children at all times and ensure that they behave in an appropriate manner. If the children are deemed to be unruly, pose a Health and Safety Risk to themselves or other users, and if the hirer or parents cannot control their behavior, Belvedere Bouncy Castles reserve the right to cease operating the Event. 9. SEVERANCE 1. If any provision of these Terms & Conditions is found by any Court, tribunal or administrative body of competent jurisdiction to be wholly or partly legal, invalid, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voids, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms & Conditions shall remain in full force and effect. 10. THIRD PARTIES 1. Nothing in the Event Contract is intended to confer any benefit on any person who is not a party to it. 11. GOVERNING LAW 1. These Terms & Conditions shall be construed in accordance with the laws of England and Wales and the parties submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales. 12 STATUS 1. In instances where You the hirer are contracting as an elected agent or manager on behalf of the Client, You are to ensure that the terms and conditions herein are brought to the attention of the Client and that the Client is bound by these terms and conditions. I HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND CONDITIONS. I/WE AGREE TO BE LEGALLY BOUND BY HIRE AND PAYMENT TERMS AND ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS DOCUMENT THAT FORMS PART OF THIS CONTRACT. PRINT NAME and SIGN …………………………………………………………………………………………………………………….............................................................................. HIRERS NAME/VENUE/EVENT ADDRESS and CONTACT DETAILS ……………………………………………………………………………………………………………………................................................................................ ……………………………………………………………………………………………………………………................................................................................. …………………………………………………………………………………........................................................................................................................ DATE ……………………………………………………………………………………………………………………................................................................................. DISCLAIMER - SAFE USE NOTES
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