Terms and Conditions
Pitch up and Party: Terms and Conditions
‘HIRE CHARGES’ is the total amount due under the invoice including delivery, assembly, installation, disassembly and collection of the equipment.
General
These terms and conditions apply to all contracts entered into between the Company and the Hirer unless expressly stated otherwise by the CoDefinitions
THE COMPANY’ is Pitchup.Events trading as Pitch up and Party
‘THE HIRER’ is the person hiring the equipment from the Company and whose name appears on the booking form. The Hirer must be at least 18 years of age.
‘THE PERIOD OF HIRE’ means the time commencing with the arrival of 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.
‘THE EQUIPMENT’ is the bell tent/s and all furnishing/s and equipment provided by the Company for the use of the Hirer.
mpany and upon payment of the deposit the Hirer is deemed to have accepted them…
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1.CONDITIONS
A non-refundable deposit is required per event is required to be paid on booking
This deposit will vary on the type of event.
This money can be sent via bank transfer.
The final balance for the event as shown in the confirmation letter can be sent via bank transfer or paid in cash on our arrival. Equipment will not be set up until payment is received in full.
Bookings received less than 14 days in advance of arrival will require payment to be sent in full with the booking form.
Notice of cancellation of the booking by the hirer must be provided to the Company to be received not less than 21 days prior to delivery.
Cancellation of less than 21 days prior to your arrival will result in 100% of the hire charge being forfeited.
In the event of lockdown, restrictions or isolating dates may be changed within 12 months of the original bookings - deposits remain non fundable however a date change with notice will be honoured.
2.SITE
(a)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.
(b) The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the Company’s booking forms and related website, specific to their booking.
(c) The Hirer is required to select a site that is not susceptible to bogginess or has poor drainage. Any flooding caused is the responsibility of the Hirer.
(d) The Hirer must ensure that any obstructions to the site are removed before The Company arrives. This includes plants, shrubs, trees, vehicles and other materials. The Company reserves the right to apply a discretionary surcharge if obstructions prevent work from commencing.
(e)The Hirer must consider and is responsible for making suitable arrangements for access by people with disabilities and emergency services
(f) Appropriate provision of parking must be supplied and all parking costs (if any), must be paid for by the Hirer in advance of The Company arriving on site.
3.DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT
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.
4. PAYMENT
Payments must be made in accordance with the terms stated in the Company’s quotation and confirmation letter.
5.LOSS OR DAMAGE
(a) 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.
(b) 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.
(c) 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 be deducted from the Hirers damage deposit.
6. THE HIRERS RESPONSIBILITY
(a) The Hirer should not enter the equipment whilst the Company is erecting it.
(b) The Hirer should keep any part of a bell tent completely closed and secure while not in use during the period of Hire.
(c) The Hirer should not tamper with the structure or any part of the equipment
(d) 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, inside the Company’s tents without the previous consent in writing of the Company. No cooking or use of gas appliances of any kind should be used inside the Company’s tents.
(e) 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.
(f) Any naked flames used on site in proximity to the tent are entirely at the Hirers own risk.
(g) No animals are allowed inside the Company’s tents, without the previous consent in writing of the Company.
(h) No smoking is allowed inside the Company’s tents.
(i) 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.
(j) Barbecue equipment or open fires outside are to be placed a minimum of eight feet from the tent and not left unattended whilst in use.
(k) 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 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 will become void and the customer advised accordingly.
(l) 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.
(m) The hirer will be responsible for any costs incurred by the company due to changes being requested once the erecting of tents has begun.
7.OWNERSHIP
All equipment remains at all times the property of the Company.
8.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.
9. ERECTION AND DISMANTLING
The Company normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges.
10. FORCE MAJEURE
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.
Every effort will be made by the Company to carry out any booking accepted, however, the full performance of an event 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.
11.CANCELLATION
Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.
100% of the Hire price for notice less than 21 days prior to the Hire period
12.OTHER
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.
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.
13.ENTIRE AGREEMENT
This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.
Nothing in this agreement shall 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 deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Customer
14.SPACE REQUIRED
Where an event booking includes a 5 metre tent the Hirer must provide a flat, grassed area 7metres by 7metres.
Please note it is your responsibility to ensure that there is enough space and a easy access for the tents to be erected. If ground is unsuitable upon the Companys arrival, full payment of the event will still be required.
15.BELL TENT RESTRICTIONS
No confetti balloons or party bombs to be used inside tents
All rubbish and any recycling must be removed by the Hirer - failure to do so will result in a cleaning fee being deducted from the damage deposit (see above).
If evidence of smoking, vomit or urine found inside tent will result in the full damage deposit being retained.
The hirer accepts no responsibility or liability for any damage or theft of any property left in tents or the duration of the hire period.
No candles or naked flames allowed inside tents.
The number of people per tent is per your order, no additional people are permitted unless by prior arrangement with the Company.
I have read and agree to Pitch Up and Party Terms and Conditions