POPUP PARTIES GROUP LIMITED EQUIPMENT HIRE TERMS AND CONDITIONS

Thank you for your interest in our Unique Hire Services!

Please read through our following Terms and Conditions very carefully. When planning a public or private event, it is imperative to maintain everyone’s health and safety throughout every stage of the process.

Understand your (and our) key requirements, duties and responsibilities by reading through these Terms and Conditions carefully, and ensure a safe and successful event for all.

When you are ready to proceed with our hire services, you will need to agree to these Terms and Conditions. You can do this by simply completing our Terms and Conditions Agreement form below.

DEFINITIONS

In regard to the following Terms & Conditions, Popup Parties Group Ltd shall be referred to as “Us” or “The Company” and you, the prospective client wishing to hire equipment or structures, shall be referred to as “You” or “The Hirer “. The following conditions apply to the hire of any item, including marquees and any other piece of equipment by us, Moorland Marquees, to you, the customer. In these conditions, the word “Equipment” includes any item hired by us to you.

“The Equipment” is the equipment specified or referred to in the hire contract.

“The Hire Rate” means the rate charged for each calendar day or part of the day during which the Hirer hires the equipment.

“Hire Charges” means the total amount due to the Company, including charges regarding delivery, assembly, installation, operation, disassembly, or collection of the equipment and the deposit.

“Hire Contract” means the information appearing on the front of this document and these “Terms and Conditions “.

“The Hire Period” means the period set out in the Hire Contract or any agreed period or agreed extension thereof.

“Booking Form”, also known as the invoice, is the form issued by the Company to the Hirer containing details of the Equipment, Hire Date and Hire Charge.

“Third Party Supplier” is a company or individual not owned directly by the Company and shall not form any party of a contractual obligation between the Company and the Hirer.

“Third Party Equipment” is equipment owned, supplied, erected and maintained by a Third Party Supplier. All such equipment shall not be the responsibility of the Company.

The terms of these conditions can only be altered with our written agreement. No condition contained in any booking form or other communication by you which is inconsistent with any of these conditions will be deemed to have been accepted unless we have agreed to your condition in writing.

ACCEPTANCE OF QUOTATION

No binding contract will exist until you have accepted our quotation in writing and paid a 50% deposit, and we have issued you with a written acknowledgement of your acceptance. Quotes remain valid for 30 days from the date stated on them, provided that the equipment is still available.

BASIS OF QUOTATION

All quotations are made subject to the following understandings:

Hire period means the period for which the equipment is required to be ready for use.

Hire charges do not include attendance by our employees for any purpose other than erecting and dismantling inflatable tents.

Hire charge quotes for furniture and other cater hire equipment do not include erecting, dismantling or placing.

The size, surface and condition of the site are suitable for the erection of equipment. If on grass, the grass needs to be cut short the day before hire, to ensure a flat surface.

You have informed us and clearly marked any drains, pipes, cables or other obstacles which might affect the site. If this is unknown then we require you to provide us with an up to date GIS

underground survey report. It should be noted that the pegs holding tents may be driven up to one meter into the ground. You should note that you are responsible for repairing and making good any damage caused to the site by erection or dismantling of any equipment. The site must be cleared of all obstacles prior to the delivery of the inflatable tent. If we have to move any obstacles, we will not be held liable for any damage as a result of this.

You will be liable for any additional costs or charges of Popup Parties Group Ltd in the event that extra work or equipment outside the terms of a quotation is required or the equipment is required or used for any period outside the period of hire.

The quotation for hire is made on the assumption that a suitable and sufficiently rated power point is available within 20 meters of the inflatable tent. The tent is powered by a fan and requires electricity for both the fan and lighting. If hire of the dance floor is also being made, then a separate outlet is required to prevent overheating. if any elements are damaged Pop up parties are not to be held responsible

PRICE & PAYMENT

The Company reserves the right to charge a non-refundable deposit of 50% of the total hire charges to confirm the booking, with the balance payable 45 days before the agreed hire date. If the UK government ceases outdoor activities owing to coronavirus, then your deposit will be fully refunded. If the booking is made within 45 days of the hire date the full amount, which is non-refundable, will be required to confirm the booking.

If payment is not received within this time an initial 10% charge will be incurred, plus a further daily charge at the current Bank of England base rate. You shall be liable for interest on any amount outstanding at a rate of 1% per week.

Unless specified, all goods are hired for 1 day and are charged whether used or not. Additional days rental charged at 90% of daily rate – excludes setup/collection days.

Hire goods will not be released until the balance payment is made in full by cash or credit / debit card (no surcharges are applied for using this facility). We cannot accept cash or cheques on delivery.

Payment can be made by BACS (details supplied on request), but these payments must be showing as cleared 45 days before the delivery date. We do not accept cheque payments.

In addition, if the Hirer defaults on payment, the Company reserves the right to place the matter in the hands of their debt recovery agents without prior warning in writing. It shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agent to aid recovery of monies outstanding to the Company.

VARIATION OF HIRE CHARGES

The Company reserves the right to vary the quoted hire charge in the event of any increase taken place before or during the period of hire in the cost of labour, materials or transport.

Additional equipment hired which is not included in the original booking will be quoted at the current price when the order is placed.

All prices are subject to change at any time and without notice. AMENDMENT OF ORDER BY THE HIRER

If you wish to amend the order, you may do so up to 45 days prior to the hire date. After this date, all items will be charged, whether used or not.

INSURANCE

There is a damage waiver fee of £750 should any damage to the hired goods occurred.

You are responsible for and shall indemnify us against any loss of or damage to all hired equipment whatsoever the cause.

The Hirer shall at their own expense insure the equipment with an insurance company of repute (naming Popup Parties Group Ltd as a loss payee) against all loss or damage (whether or not the Hirers or the Company’s fault) in an amount equal to its replacement cost new and against Liability for any continuing Hire Charges until earlier of: return of Equipment to the Company in good working order and condition (fair wear and tear excepted) or if not capable of economic repair its replacement with equivalent new equipment or receipt by the Company of payment in full of its replacement cost new and all other sums due hereunder.

The Hirer hereby irrevocably authorises the Company in name and on behalf of the Hirer to make any claims under the insurance in respect of loss of or damage to equipment, to settle or compromise such claims and to receive and give good discharge to insurers for any moneys payable. The Hirer shall not do or allow to be done any act or thing whereby insurance of equipment may be invalidated.

You must provide to us proof of having arranged insurance in your name for the hired equipment at least seven days prior to the delivery date of the equipment. The Hirer will on request at any time produce to the Company a receipt for the current premium and insurance policy documents in the Hirers name and covering all equipment.

The Company insurance includes full public liability cover of 10 million pounds. The Company insurance covers our equipment for all risks excluding theft, wanton damage or vandalism. Please note that the Hirer is responsible for the first £1000 of any loss of or damage to the equipment, and that you remain responsible for and will indemnify Popup Parties group ltd against any loss of or damage to all hired equipment resulting from wanton damage, your negligence or legal Liability.

The Company accepts no responsibility for loss or damage to any equipment or materials of the Client or any Third Party Equipment, which the Company may agree to store or transport, and any such equipment or materials shall at all times be at the Client’s risk.

Security of unattended equipment is the full responsibility of the Hirer, especially if the site is not the Hirers land; we strongly advise that the Hirer arranges security for the duration of the hire as losses will not be covered by the Company Insurance.

The Hirer will be responsible for all equipment hired until collected by Company employees. If there is a delay in collection then the Hirer must ensure that all equipment is secured in order to prevent theft/damage. If the Company cannot gain access to equipment hired then this will remain the responsibility of the Hirer until such times at it can be collected.

UNDERGROUND SERVICES

It is the Hirer’s responsibility to clearly mark and provide the Company with the location of any underground services (gas, water, electricity etc.) that could be damaged by the inflatable tent fixing spikes, which penetrate the ground up to 1m in depth.

If there is any doubt as to the location of any underground obstacles, services, cables or pipes then an up to date GIS underground survey report will be required to be produced to our installation representative. This is for the safety of all concerned.

The Hirer will be responsible for any costs associated with the repair to unmarked/unidentified services and associated costs relating to their interruption resulting from not being identified to the Company.

DELAY

We shall not be liable for delay or failure to complete any contracts as a result of: The site being unsuitable or access being unavailable on the date stated for delivery. Adverse wind or weather conditions Underground services not identified and clearly marked Grass sites that have not been cut Trees or limb/branch obstructions or overhead obstructions or services. Most tents are up to 5 meter in height Loss or damage to equipment by fire or flood Any industrial dispute, lock-out or strike

Any cause beyond our control

WEATHER

If extreme weather is forecast during the hire period we have the right to decline the erection and use of the structure. This is for the safety of all concerned.

A wind/heavy rain/snow management plan will be supplied to the Hirer and it is their responsibility to ensure that this is followed. The Company monitors wind forecast daily. If gusting winds that exceed those set out in our wind/heavy rain/snow management plan are predicted, we will endeavor to contact the Hirer and give advice on action to be taken.

If the wind/heavy rain/snow management plan is not followed, the Hirer will be liable for any damages, claims by third parties, or costs resulting from this not being followed.

Hirers will be liable for the full hire fee in the event of late cancellation due to weather. Hirers must be aware of this possibility, especially during the winter months. We require that the Hirer agrees to take out appropriate insurance for our equipment during the period of hire, including insurance against cancellation, damage and loss.

DELIVERY/COLLECTION

You must have the site available and in a suitable condition for the erection of the equipment at the time stated for delivery. You should either be available personally or have a representative available at the site at th time stated for delivery to check equipment delivered and sign the appropriate Delivery Note. If you are not present and do not have a representative at the site at the time of delivery:

You will be deemed to have accepted delivery of the items specified in the Delivery Note. We will erect the tent(s) in such a manner and location as we consider appropriate provided that we shall follow in so far as possible any plan supplied by you. You will be shown how to inflate and deflate the tent.

If you require us to move any tent already erected for any reason which is not our fault, you will be liable for an additional charge.

The Company reserves the right to erect, dismantle and remove the equipment from the site at its convenience. The hire charges do not include any repairs or making good that may be required to the site.

OWNERSHIP

All equipment hired remains at all times the sole property of popup parties group ltd. You may not sub-hire or part with possession of the equipment and you may not allow any lien or encumbrance to be created over the equipment.

DAMAGE

Any equipment found damaged or missing during the hire period will be repaired or replaced at the Hirer’s expense. No items or objects should be stuck to, fixed to, or suspended from the tents sides, roofs or framework. If tape is used anywhere on the tent structure a minimum charge of £50 will be levied for cleaning any residue.

CARE OF EQUIPMENT

When the tent has been erected and all exits or openings agreed upon, these should not be altered or tampered with in any way as this may render the structure unsafe. Given the risk of damage to a tent in windy conditions, you must take all reasonable precautions to ensure that all openings are firmly closed when not in use and are open only to enter and leave the tent. You must ensure that all equipment is adequately heated when necessary so as to protect the equipment from frost, snow or ice damage, and you must ensure that the collection or building up of snow on any equipment is not allowed.

FLOORING OR GROUND

It is expected that if flooring is ordered the ground will be suitably flat to accommodate the type of floor used.

The Company cannot be held responsible for any uneven finish to the floor caused by pitting or bumps on the surface beneath, the Hirer should arrange to level surfaces as much as possible prior to marquee erection. If the marquee build is delayed or cancelled due to the site being ill prepared this may result in loss of the booking deposit and the Company cannot be held liable.

Grass surfaces must be cut short and all debris including fouling by dogs must be removed prior to the build.

SAFETY

For the safety of all concerned, the Hirer may not enter the structure during the time the tent is being erected. The Company cannot be held responsible for any injury or damage sustained by the public in or around the marquee during the hire period.

Under no circumstances should the Hirer alter or tamper with any electrical appliance or power lead following installation. This includes extension cables. The Hirer should not ‘plug in’ any electrical appliance or power lead to existing extension cables without first discussing this with a Company representative as this can lead to mains power being overloaded, resulting in tripped fuse boxes.

All heating and cooking equipment must be placed a minimum of six feet from the tent panels and must not be left unattended whilst in use. There must be no heating or cooking within the tent other than by electrical appliances or purpose-designed butane or propane gas appliances. Barbeque equipment or open fires used outside must be placed a minimum of fifteen feet from the tent.

Responsibility for complying with the Public No Smoking Law (if applicable) rests with the customer for the duration the marquee is erected. ‘No smoking’ signs which comply with the act are available on request.

FURNITURE

The Company will place all furniture inside the completed marquee. It is the Hirer’s responsibility to arrange the layout of tables and chairs etc. The Hirer must ensure that tables and chairs are folded and returned to the delivery area and are stacked for collection following use. A minimum charge of £50 will be levied to the Hirer for non-compliance in this instance. All furniture will be counted in and out with any shortages charged to the Hirer.

HIRERS RESPONSIBILITY

The Hirer is responsible for signing a completed safety checklist after consultation with a company representative once the tent has been installed and in signing this checklist agree to abide by any instructions therein. If the Hirer is not present to sign the safety checklist, two company representatives will do this on their behalf, and a copy will be left for the Hirer’s reference.

The Hirer shall not use cooking equipment, lighting or electrical appliances or decorate the interior/exterior of the tent without prior consent from the Company. Any damage/soiling resulting in such use that may require repair or cleaning will be charged to the Hirer.

LIABILITY

The Company will not accept Liability, and you may be liable for part/full hire fee:

When the Tent build is delayed or cancelled due to the site being inaccessible or ill-prepared or in any instance where the site is deemed unsafe by Company representatives.

Delay or cancellation due to adverse weather conditions.

Delay or cancellation due to the Hirer not obtaining appropriate permission from the public or local authority. When water ballasts are used, any delay or cancellation due to no suitable water source being available.

Suitable sources include a hydrant or fast flow mains supply. Household or domestic taps are not suitable.

CANCELLATION BY CUSTOMER

In the event that the Hirer cancels the contract, any deposit that has been paid shall be forfeit. In addition, the Hirer will be liable to pay the following percentage of the hire charge quoted dependent on the period of notice given prior to date of commencement of the hire. The deposit shall be deducted from the percentage payable.

Period of Notice                   Percentage of the Total Hire Charge
More than 90 days               50% or deposit paid, whichever is the greater
61 to 90 days                       60% or deposit paid, whichever is the greater
31 to 60 days                       75% or deposit paid, whichever is the greater
Up to 30 days                      100%

In any instance where the Hirer needs to cancel their order they must first call us on our telephone number 07894947789 and inform a member of the Company’s staff in person, answer machine messages informing us of cancellation are unacceptable as are letters, emails or text messages. The Hirer must ask the name of the member of staff that they are giving cancellation instructions to and supply a live email address in order that written email confirmation of the cancellation can be sent by return confirming our acceptance of the cancellation. For the avoidance of any doubt if the Hirer cannot provide evidence of this procedure being followed they may be liable for the full cost of their hire.

LIMITATION OF LIABILITY

In the event that we fail to fulfill any terms of the hire contract our Liability is limited to refund or cancellation of any hire charges. Under no circumstances shall we be liable to you for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise) cost expenses or other claim for compensation whatsoever whether caused by the negligence of ourselves, our employees or agents or otherwise which arise out of or in connection with the hire of the Equipment and our entire Liability under and in connection with the hire contract shall not exceed the amount of hire charges. This condition shall not apply to death or personal injury caused by our negligence.

THIRD PARTY SUPPLIER

The Company shall take no responsibility for or be forced to indemnify by the Hirer, resulting from the failure to supply, breakdown, loss, theft or damage to ANY Third Party Equipment. This specifically includes, but is not limited to, generators, lavatories and PA systems. Whilst Third Party Equipment might be included on the Company’s Booking Form it is agreed between the Company and the Hirer that the Company is exempt from any contractual obligation or indemnification resulting from breakdown, failure, theft or loss of Equipment provided by a Third Party Supplier.

THIRD PARTY LIABILITY

The Company will not be responsible for, and the Hirer will indemnify the Company against, all claims for injury to persons, or loss of, or damage to, property, however caused, unless it be proved that such injury or damage resulted from faulty materials, workmanship, or negligence on the part of the Company. The Company will not be responsible for mechanical or electronic failure irrespective of the cause of this.

INSOLVENCY OF CUSTOMER, ETC.

If you become insolvent or are made bankrupt or come to any arrangement or scheme with your creditors, or, if you are a company, you have a liquidator, receiver or administrator appointed or if you breach any of these conditions then we may cancel the hire contract immediately and remove any equipment delivered.

FORCE MAJEURE

While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon Acts 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.

CANCELLATION OF CONTRACT BY THE COMPANY

The Company reserves the right to cancel a hire contract immediately when: The Hirer does not provide adequate insurance for the Company’s Equipment If the Hirer fails to obtain the necessary site permits If the Hirer decides to postpone or change the hire date Force Majeure. The Company may also terminate the contract within 14 days of the invoice date.

PRICE & PAYMENT

The Company reserves the right to charge a non-refundable deposit of 25% of the total hire charges to confirm the booking. With a further 75% becoming payable 30 days before the agreed hire date, and If the UK government ceases outdoor activities owing to coronavirus, then your deposit will be fully refunded. If the booking is made within 30 days of the hire date the full amount, which is non-refundable, will be required to confirm the booking. If payment is not received within this time an initial 10% charge will be incurred, plus a further daily charge at the current Bank of England base rate. You shall be liable for interest on any amount outstanding at a rate of 1% per week. Unless specified, all goods are hired for 1 day and are charged whether used or not. Additional days rental charged at 90% of daily rate – excludes setup/collection days. Hire goods will not be released until the balance payment is made in full by cash or credit / debit card (no surcharges are applied for using this facility). We cannot accept cash or cheques on delivery. Payment can be made by BACS (details supplied on request), but these payments must be showing as cleared 30 days before the delivery date. We do not accept cheque payments. In addition, if the Hirer defaults on payment, the Company reserves the right to place the matter in the hands of their debt recovery agents without prior warning in writing. It shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agent to aid recovery of monies outstanding to the Company

DELAY or EVENT UNABLE TO GO AHEAD.

We shall not be liable for delay or failure to complete any contracts as a result of: The site being unsuitable or access being unavailable on the date stated for delivery. Adverse wind or weather conditions Underground services not identified and clearly marked Grass sites that have not been cut Trees or limb/branch obstructions or overhead obstructions or services. This includes surfaces being unsuitable. Most tents are up to 5 meters in height, so no overhanging trees are permitted. Loss or damage to equipment by fire or flood Any industrial dispute, lock-out or strike Any cause beyond our control

SECURITY DEPOSIT

The Hirer will pay pop up parties group ltd a £750 Security Deposit, payable by credit card or debit card, which is refunded in full, providing there is no damage to the hired equipment. The card should be in the Hirer’s name and the amount will be debited from the account immediately pop up parties group ltd reserves the right to increase the Security Deposit in certain circumstances or for specific events e.g. festivals or hire with pets to £1500.

You irrevocably authorise pop up parties group ltd to deduct from the Security Deposit any amounts due by you to pop up parties group ltd arising out of this Agreement.

The Security Deposit will be refunded within 7 working days of the hired goods being returned, providing there are no outstanding insurance claims or repair works to be quoted. It will not be refunded on return of the goods.

Should any damages or costs exceed the Security Deposit, the Hirer will be responsible to settle all additional costs over and above the Security Deposit value within 7 days of being notified of the cost.

Should any items be returned dirty a cleaning charge of up to £250 will be applied.

APPLICABLE LAW

The Hire Contract and conditions shall be construed according to the Law of England.