Hire Agreement Terms & Conditions
TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms for the hire of Equipment and, where applicable, associated Services, from Eclipse Events Ltd, a company registered in England under company number 12038729 of 10 Mauduit Road, Hanslope, Buckinghamshire, MK19 7NJ
PRELIMINARY NOTE:
In order to assist understanding of these terms and conditions, we have provided “In English” summaries of important terms. They appear in bold at the end of each section. To make them easier to identify, the paragraphs commence with the words “In English:” Whilst these paragraphs are designed to aid readers understanding, such summaries do not constitute legally binding obligations on the part of either party. They are designed solely to improve reader experience and aid understanding of the underlying contract. The contract between the parties consists of the non-italicised parts of this document.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means Your booking for the Equipment and, where applicable, associated Services;
“Booking Confirmation” means Our acceptance and confirmation of Your Booking as described in Clause 2;
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the hire of the Equipment (and where applicable Services) by You from Us, as explained in Clause 2;
“Deposit” means the sum payable at the time of Your Booking that is required to secure your Booking, in the event We do not require full payment of the Price at the time of making your Booking;
“Equipment” means any equipment, as specifically detailed in the Booking Confirmation, supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Equipment;
“Month” means a calendar month;
“Price” means the total price payable for the hire of the Equipment (and where applicable, associated Services);
“Security Deposit” means the sum payable under sub-Clause 5.5 to cover the non-return, loss, theft or damage of the Equipment;
“Services” means the services provided with some Equipment (for instance the set up or supervision of Equipment);
“We/Us/Our” means Eclipse Events Ltd, a company registered in England under company number 12038729 of 10 Mauduit Road, Hanslope, MK19 7NJ and includes all employees and agents of Eclipse Events Ltd.
"Website" means www.eclipse-events.co.uk and any other websites owned and maintained by Us that may be notified to You from time to time; and
“You/Your” means you, the hirer of the Equipment and/or the purchaser of our Services.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.
1.3 Each reference to the singular number shall include the plural and vice versa where appropriate.
2. The Contract
2.1 These Terms and Conditions govern the hire of Equipment from Us and, where applicable, the engagement of our Services and will form the basis of the Contract between Us and You. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to the Website, any sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Booking, indicated by Our Booking Confirmation. Upon receipt of Our Booking Confirmation, Your payment of the Price, or where applicable, Your payment of the Deposit will become due. Booking Confirmations will be provided in writing upon acceptance of Your Booking and generally sent to you by email, unless we agree to send Booking Confirmations to you by different means.
2.4 No signature is required in order for this contract to be deemed accepted and binding upon both of the parties. The contract shall be deemed accepted at the point We issue the Booking Confirmation.
In English: This document sets out the basis of our contract. Nothing we’ve said to each other before (or afterwards), nothing on our website, marketing or anything else forms part of the contract. It keeps things simple and avoids confusion. A legally binding contract is formed when we accept your order by sending you a booking confirmation, and not, for example. when you place your order with us – the logic behind this is you (very rarely) may ask us for something that we can’t deliver so we need to control what we accept and what we can’t. You don’t need to sign the confirmation for it to be binding.
3. Your Obligations
3.1 When making Your Booking, You will be required to supply information as required by our staff. The provision of such reasonably requested information is essential in Booking for Us to complete Your Booking and a failure by You to supply Us with the necessary information may delay or impede us in accepting Your Booking.
3.2 The following conditions apply to Your hire and use of the Equipment:
3.2.1 The venue must have the required access, loading area and car parking necessary to allow the Equipment to be unloaded, set-up, operated, vehicles parked and Equipment loaded at the end of the event safely. We would advise that You check with Your venue if you are unsure and inform Us of any potential issues including stairs, lifts, distance, specific timings etc. Car parking costs be chargeable to You in any event. Parking fines will be chargeable to You if incurred by Us where You have informed Us it is permissible to park in a specific location.
3.2.2 The area where the Equipment is to be set up is clean and clear from anything that may cause injury or damage to the Equipment or participators.
3.2.3 We reserve the right to refuse to perform or operate the equipment if We believe the venue is unsuitable or unsafe.
3.2.4 We will not be held responsible for any obstruction, nuisance or interference.
3.2.5 We will require notification if your event is within the congestion zone.
3.2.6 Safety is of paramount importance. The Equipment is designed for having ‘fun’ but You and Your participants must take responsibility for using it in a safe manner, as We cannot be held liable in the event of damages or incidents. You agree that You will, during the period of the hiring, be responsible for the supervision of the Equipment (unless it is expressly agreed that We will staff the Equipment as part of the Services), its care, safety from damage however slight or change of any sort, and the behaviour of all persons of all ages using the Equipment whatever their capacity. You should ensure that you hold the necessary insurance to cover yourself or staff in this instance.
3.2.7 We expressly exclude any liability for injury loss or damage caused to You or any person using the Equipment contrary to the terms and conditions of this Contract.
3.2.8 You will not use the Equipment for any purpose other than that described in the hiring agreement, and shall not sub-hire (without Our express prior written consent, not to be unreasonably withheld) or use the Equipment or allow the Equipment to be used for any unlawful purpose or in any unlawful way.
3.2.9 We may, in exceptional circumstances and at Our sole discretion decide that the performance / Equipment should be closed down and if this is the case, the full Price will remain payable. Circumstances in which We may exercise this right include (but are not limited to): participants acting in an abusive or aggressive manner to Our operatives or each other; participants are under the influence of excessive alcohol or drugs; the conditions are proving to be too dangerous to continue to safely operate the Equipment.
3.2.10 Where applicable, You must ensure that a 13amp mains power supply is available unless a generator has been specified on Your contract as required and being provided. If a 13amp power supply is to be used You must ensure that it is within 30 meters from the main power source. Should it transpire that no power supply is available, or the power supply not be adequate to fulfill this contract, then the full Price shall still be payable by You.
3.2.11 You must ensure that any users of the Equipment use common sense at all times. This includes not wearing shoes, spectacles, carry sharp objects, key rings, metal studded clothing or any other similar items liable to cause damage to Equipment or other users.
3.2.12 You must notify Eclipse Events Ltd if there are any underground services, cables or pipes where equipment is going to be sited.
3.3 The following conditions, as specifically required by Our insurers, will also apply to Your hire and use of the Equipment:
3.3.1 Equipment must be operated in accordance with manufacturers’ recommendations;
3.3.2 Equipment must be set up (and where applicable fully secured to the ground) as per the manufacturers’ recommendations;
3.3.3 All Equipment must be erected by Us or our suitably experienced employees;
3.3.4 No person(s) who are visibly intoxicated through alcohol, drugs or any other intoxicating substance shall be permitted to use any Equipment;
3.3.5 When Equipment is operated by You, it must be supervised at all times by a responsible person who is at least 18 years of age;
3.3.6 No food, drink, chewing gum or smoking is permitted near the equipment.
4. Hire Period
4.1 The Hire Period shall be chosen in Your Booking and confirmed in Our Booking Confirmation.
5. Fees and Payment
5.1 When placing Your Booking, You will be required to pay the Price in full. In certain circumstances, and at Our sole discretion, payment of the Price may be deferred to a date nearer to the date of your event but in such circumstances, a Deposit may be required to secure Your Booking. The acceptance of a Deposit rather than requiring full payment of the Price at the point of making Your Booking is at Our sole discretion.
5.2 The Price for the Equipment and Services (where applicable) will be that advised to you by Us at the time of placing Your Booking.
5.3 In certain circumstances a Security Deposit may be required when You collect the Equipment at the start of the Hire Period. In such cases, We will not release any Equipment to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Equipment is not returned, lost, stolen or damaged in any way. You will remain liable for any additional charges, fees and the balance of the value of the Equipment, or the cost of its repair, over and above the amount of the Security Deposit.
5.4 In the event any sum falls overdue, We reserve the right to charge you interest and seek compensation on the same in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% over the Bank of England Base Rate together (calculated daily) together with statutory compensation, currently £40.00 for debts up to £999.99; £70.00 for debts between £1,000.00 and £9,999.99 and £100.00 for debts of £10,000.00 or more.
In English: When you make a booking with us, you will normally be required to pay in full at that point. Sometimes we may agree to defer payment, but that’s our choice. This is our policy to ensure we can supply the best equipment and service to you. If you are collecting an item from us we ask for a security deposit before we release equipment. If it gets damaged or lost or stolen then we’ll use the security deposit towards the cost of replacement or repair, but that may not always be enough to cover the loss so we may require more to cover the balance. All prices are subject to VAT. If you don’t pay us on time, then interest and compensation may be recovered by you in the rates and amounts set by law.
6. Cancellation
6.1 You may cancel Your Booking at any time before the start of the Hire Period subject to the following:
6.1.1 For Bookings cancelled more than 30 days before the start of the Hire Period, there will be a cancellation charge of 33% of the Price and the balance (if applicable) will be refunded to You;
6.1.2 For Bookings cancelled less than 30 days but more than 14 days before the start of the Hire Period, there will be a cancellation charge of 66% of the Price and the balance (if applicable) will be refunded to You;
6.1.3 For Bookings cancelled 14 days or less before the start of the Hire Period, there will be a cancellation charge of 100% of the Price and all sums will be retained by Us;
6.1.4 In situations where you have only paid a Deposit and You cancel a Booking in circumstances detailed above that cause a sum greater than the amount of the Deposit to be payable to Us, the balance of such sums shall be paid to Us by You within 7 days of You cancelling the Booking;
6.1.5 In situations where you have not paid a Deposit and You cancel a Booking in circumstances detailed above, any sums due shall be paid to Us by You within 7 days of You cancelling the Booking;
6.1.6 In cases where sub-contractors are being used in respect of Your event, their own cancellation charges may apply in addition to the above terms.
6.2 Cancellations must be communicated to Us by You and will not be deemed accepted by Us until We have issued you with a cancellation number. Cancellation numbers confirming acceptance of Your cancellation shall be issued by Us as soon as reasonably practicable and the effective date of cancellation shall be provided with the cancellation number together with details of any refund due or alternatively additional sums due to Us by You.
In English: When you make a booking with us, we allocate both equipment and resources. Sometimes, we’ll get enquiries about events that we can’t fulfil because someone else has already made a booking for that equipment at the same time. We therefore sometimes have to turn people down. We’re telling you all of this to explain our cancellation policy. If you cancel an event even with over a months notice, we’ve still incurred costs and charges in setting up the event, getting things ready and allocating resources. Our admin staff work really hard and there’s lots of things involved in setting up an event and making sure everything is in the right place, at the right time, with the right staff to manage it. We may also have turned other business down because of your booking. Therefore we still have to make charges on a sliding scale if you cancel your booking. If its over 30 days before the event, its just a third of the price, and that’s mainly to cover the admin set up fees together with the fact we may have turned business down. The closer you get to your event before booking, the larger the cancellation charge we have to levy, as we do more preparatory work in the weeks immediately before an event and, more significantly, the chances of reselling the event at such short notice are much lower. We try to be fair about this and trust you understand why this policy is necessary.
7. Collection / Delivery and Return
7.1 The Hire Period begins on the date and time stated in the Booking Confirmation. This is the time from which the Equipment will either be ready for collection from Us or the time by which the Equipment will be delivered to You as agreed at the time of making Your Booking and confirmed in the Booking Confirmation.
7.2 You should check the Equipment at the time of collection or delivery. If there are any items missing or if there is any visible damage to the Equipment, You should inform Us immediately, before leaving our premises or, in the case of delivery, our operatives leaving the site. We will use all reasonable endeavours to replace missing items or damaged Equipment however, the equipment is your responsibility from the point of collection or delivery until it is returned either by or You or Us.
7.3 The Hire Period ends at the time and date stated in the Booking Confirmation. Any Equipment returned late will incur an excess charge. This will be calculated pro-rata per item and per day. In the case of Equipment You are returning to Us, such Equipment may be returned early provided we are open, however We are unable to issue any refunds of any kind for early returns.
In English: This covers the length of the hire period (it's set out on your Booking confirmation) and each of our responsibilities. Most of the time we will be delivering but sometimes for smaller items you will collect. We ask you to check the equipment when you either collect it or when we deliver it. If things aren’t right we want to fix them for you and we also want to be sure we both understand the condition of equipment at the point you first take possession of it. This helps in the case of damage in establishing who caused it. The booking confirmation covers when the equipment must be returned by – if we’re collecting then that’s fine, but if you are returning it, then make sure you return things on time, and when we’re open, to avoid us having to make any additional charges. We can’t offer any refunds for early return.
8. Insurance
We carry public liability insurance for 5 million pounds and it is subject to the terms and conditions of this contract being complied with. Public liability insurance is excluded in its entirety following any claim or injury to any third party or employee where such injury is directly or indirectly related to the use of drugs and/or alcohol.
In English: We carry public liability insurance of £5,000,000.00 for your protection. In order for it to remain valid you must abide by the rules set out in this contract (particularly in clause 3). You’ll appreciate that the insurance won’t cover injuries relating to drug use or alcohol.
9. Loss and Damage
9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Equipment, save for loss or damage that occurs solely as a consequence of fair wear and tear, as reasonably determined by Us.
9.2 Any charges due under this Clause 9 will firstly be taken out of Your Security Deposit (if applicable). If the cost of repairing the damage or replacing the Equipment is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
9.3 You will not be responsible for any pre-existing damage to Equipment that has already been identified under sub-Clause 7.2 at the time of collection/ delivery.
In English: If you damage the equipment then you're responsible for paying for any repairs or its replacement. This doesn’t include damage caused by fair wear and tear or any pre-existing damage. We want to be sure the equipment is in good condition for everyone else.
10. Our Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
10.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your rights as a consumer (if applicable).
11. Events Outside of Our Control
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: traffic and / or inclement weather affecting delivery of Equipment to a location by a specified time, inclement weather rendering the use of Equipment impossible, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control. Time shall not be of the essence in this contract.
In English: Force Majeure is a legal term that roughly translates as “superior force”. These are where matters out of either of our control cause either us to fail to provide you with something or make us late. They include what some people call “Acts of God” e.g. floods, fire, or severe weather etc. Force Majeure also include more modern problems such as power cuts, the internet “going down”, “traffic jams” and other such issues. Basically we’re both agreeing that if something like this happens and causes us to fail to provide you with something or to be late, we won’t be liable for this.
12. Communication and Contact Details
If You wish to contact Us for any reason, You may contact Us in person at our office, by telephone on 0791043130 during office hours on a Business Day or out of office hours / on a non Business Day (but only in the case of emergency relating to an event taking place prior to Us next re-opening for business), by email at bookings@eclipse-events.co.uk (only monitored during office hours on Business Days), or by pre-paid post at Eclipse Events Ltd, 10 Mauduit Road, Hanslope, MK19 7NJ
In English: This sets out all of our contact details. The emergency mobile number is for out of hours queries relating to an event taking place at that time.
13. How We Use Your Personal Information (Data Protection)
See GDPR statement.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.
In English: Here’ we’re agreeing that this document is made under English and Welsh Law and we agree that the English and Welsh Courts will have jurisdiction (i.e. the power and the right) to decide any issues under this Agreement