TERM AND CONDITIONS

Definitions

  • THE COMPANY is Jelly Dot Party and Events

  • THE HIRER is the person hiring the equipment from the company and whose name appears on the booking form. The hirer must be 18 years of age or over.

  • THE PERIOD OF HIRE means the time from when the equipment arrives onsite until the equipment is removed by the company.

  • THE SITE is the installation location agreed between the COMPANY and the HIRER and detailed on the booking form.

  • A BOOKING is a contract entered into by the hirer and the company.

  • THE EQUIPMENT is that agreed by the hirer and the company for use by the hirer and is provided on the booking form.

  • THE HIRE FEE is the total amount payable for the delivery, installation, and collection of the equipment as specified on the booking form and final invoice.

  1. General

    1. These terms and conditions apply to all contracts entered into between the company and the hirer unless expressly stated otherwise by the company. Once the hirer has returned the signed booking form and paid the deposit, the hirer is deemed to have accepted the terms and conditions.

    2. No verbal representations or arrangements are recognised by the Company.

    3. The Company reserves the right to amend their website and terms and conditions at any time.

    4. Nothing in this agreement shall exclude or in any way limit:

      1. either party’s liability for death or personal injury caused by its own negligence;

      2. either party’s liability for fraud or fraudulent misrepresentation;

      3. any other liability which cannot be excluded by law.

  2. Obligation of the company

    1. To provide to the hirer the equipment and services listed on the booking form in reasonable condition. The hirer should not presume that any other equipment is included in the hire fee other than what is stated on the booking form.

    2. To deliver and instal the equipment on the agreed date as stated on the booking form.

    3. To dismantle and remove the equipment on the agreed date as stated on the booking form.

  3. Obligation of the hirer

    1. To make payment as per the payment terms.

    2. To provide site information as per the site terms.

    3. The Hirer should not enter or tamper with the equipment whilst the Company is erecting, installing or dismantling it.

    4. The Hirer should keep any part of the equipment that is a framed structure or a tent completely closed, dry and secure when not in use during the period of Hire

    5. The Hirer should not tamper with the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.

    6. The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind, other than what is provided for and appropriate to use, by the company without the previous consent in writing of the Company.

    7. No cooking or use of gas appliances of any kind should be used inside the Company’s equipment.

    8. No fire, candle or naked flame shall be lit inside or in close proximity to the equipment.

    9. No animals are allowed inside the equipment, without the previous consent in writing of the Company.

    10. No smoking is allowed inside the equipment.

    11. No chemical product is to be used on the equipment at any point to attempt to remove stains.

    12. No children are to be left unattended with the equipment with paint or other craft materials which could cause damage to the equipment.

    13. 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 your usage. Your statutory rights are not affected.

    14. 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. 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 to obtain a license from the local authority. Any requirements under the license or permit must be notified to the company in writing, at least 28 days prior to installation. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.

    15. 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.

    16. The Hirer is to keep the Equipment on site at all times and not attempt to move the equipment to any other location without the Company’s prior written consent; to keep the Company fully informed of all material matters relating to the Equipment; not to use the equipment for any unlawful purpose.

    17. The Hirer must report any loss or damage to the company within 24 hours.

  4. Payment

    1. Receiving a quote from the company does not confirm a booking.

    2. A booking is not secured until the hirer returns the booking form to the company and pays a deposit.

    3. A non-refundable deposit of £50 is payable on booking unless a lesser amount is stipulated by the company on the booking form.

    4. The balance is payable 28 days before the delivery date stipulated on the booking form.

    5. Bookings received less than 28 days before the delivery date will require full payment along with submission of the booking form.

    6. An additional security deposit may apply to certain equipment. If applicable this will be included on your personalised quote and the company will make the hirer aware of this.

    7. The security deposit covers damage, breakages or extra cleaning that may be required by the company. This will be returned to the hirer within 14 days of removal of the equipment, minus deductions if applicable, which will be fully itemised.

    8. The Hirer is responsible for any damage and loss caused to the equipment regardless of culpability, and therefore should the security deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage

    9. The Hire charges do not include attendance by the Company’s workforce, employed or sub-contracted, except during the actual processes of installing and dismantling the equipment.

    10. The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.

  5. Cancellation

    1. The hirer can terminate this contract without penalty over 4 weeks from the delivery date stated on the booking form.

    2. Cancellation by the hirer of between 2 and 4 weeks from the delivery date will result in 50% of the hire fee being kept by the company.

    3. Cancellation by the hirer of less than 2 weeks from the delivery date will result in 90% of the hire fee being kept by the company.

    4. In the unfortunate event that the company must cancel your event due to Force Majeure, including high winds that make it too dangerous to set up the equipment or heavy rain making the ground too wet to set up the equipment we will offer you a different date with the same package, amount of guests, equipment and distance. We have no control over the weather and we will always assess the situation for the safety of our customers and will always do our best to help find an alternative solution, however we are not obliged to offer you a refund in part or full in these instances.

  6. Site

    1. The hirer shall provide the company with a plan showing the desired position for the equipment or be available onsite to do so. In the absence of this information the company shall position the equipment in what they deem to be the most suitable position and will have fulfilled their contractual obligations.

    2. The site should be on flat, level firm ground.

    3. The site should not be susceptible to flooding or bogginess. Any flooding caused is the responsibility of the hirer.

    4. The site should be clear of any obstruction. A charge may be added to the hire fee if the company has to carry out additional works to clear the site.

    5. Vehicle access should be available in close proximity to the site along with parking arranged and fee covered (if any) by the hirer in advance of the company arriving onsite.

    6. The site should be clear of cables, drains and other services buried or otherwise concealed.

    7. The hirer and not the company will be responsible for any damage to underground pipes or cables if not disclosed to the company in writing.

    8. The site should be clear of any trees hanging below 4 metres.

    9. The hirer should consider and is responsible for making suitable arrangements for access to the site for people with disabilities and the emergency services.

    10. The hire fee does not cover any repair of damage to the site unless caused by the negligence of the company.

    11. The hirer will be responsible for any additional costs incurred to the company as a result of any booked equipment not being able to be erected/laid due to incorrect measurements, varying height levels or undisclosed site complications of which the company were not informed in writing.

    12. The hirer will be responsible for any costs incurred by the company due to site changes being requested once the installation of the equipment has begun.

  7. Limitation of liability of the company

    1. The Company will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible the company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment and where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.

    2. 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 of any hire charge and in no circumstances will the Company be liable for any indirect, special or consequential loss or damage (whether loss of profit or otherwise), costs, expenses or other claim whatsoever which arises out of or in connection with the hire of the equipment.

    3. The Company’s entire liability under and in connection with the hire contract shall not exceed the amount of the hire charge.

    4. The Company will take reasonable care to avoid damage to the hirers own equipment but cannot be responsible for any loss suffered by the hirer in respect thereof other than as a result of the negligence of the company.

  8. Loss or Damage

    1. The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the company’s equipment from completion of erection until dismantling.

    2. The Hirer must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.

    3. The Hirer shall leave the Equipment in a clean and tidy state, a reasonable surcharge will be applied for cleaning if it is not and will be deducted from the damage deposit and / or charged directly to the Hirer

    4. The Hirer is responsible for the full value of any loss or damage however so caused to the equipment, unless caused by negligence by the company.

  9. Liability of the company

    1. 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.

  10. Force Majeure

    1. 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

    2. 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.

    3. In the event for which the equipment hired must be cancelled, The company will not be liable.

 

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.