THE COMPANY' is Yurts for Life and / or their subcontractors or agents.
'THE CLIENT' is the person hiring the yurt and accessories from the Company.
'THE PERIOD OF HIRE' The period of Hire is understood to mean the period of which any yurt and accessories are required to be ready and available for use.
'EQUIPMENT' is the yurt, and other materials specified on the booking form and nothing else.
'HIRE CHARGE' is the amount payable by the CLIENT to the Company as specified on the Booking Form'.
'BOOKING FORM' is the form issued by the COMPANY to the CLIENT containing details of the EQUIPMENT, Period of Hire and Hire Charge'.
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the CLIENT by authorising or allowing work to proceed is deemed to have acknowledged this.
Nothing in these terms and conditions shall affect the statutory rights of the consumer. These terms and conditions shall be governed by and construed according to the laws of England.
(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 CLIENT is required to provide the contractor with either a plan showing the position in which the yurt(s) or EQUIPMENT are to be erected or should have a representative on the site for that purpose. In the absence of both then the contractor having erected the yurt(s) or EQUIPMENT where he thinks fit shall be deemed to have completed the contract.
(c) The CLIENT should never presume that any of COMPANY's EQUIPMENT will be attached or joined to any buildings within the site unless stated in the COMPANY's booking forms. Likewise the CLIENT should never presume that any other EQUIPMENT is included in the Hire other than what is stated in the COMPANY's booking forms.
(d) The CLIENT will ensure that access is available to the site at the agreed time and date stated on the booking form to allow erection and dismantling.
3. HIRE CHARGES
(a) The HIRE CHARGES published in any of the COMPANY's printed matter are for the guidance of the CLIENT in estimating costs only and do not constitute an offer.
(b)When the COMPANY EQUIPMENT hired has a purchased value greater than £5K the COMPANY has the right to levy a refundable bond equal to 5% of the EQUIPMENT HIRE CHARGE. The bond is refunded following pre-take down checks (ideally with the client present) that show no loss or damage has occurred to the COMPANY’S EQUIPMENT. If there is damage to the COMPANY’S EQUIPMENT the COMPANY shall seek financial compensation from the bond equal in amount to the cost of the EQUIPMENT’S repair or replacement. If the damage or loss to the EQUIPMENT is greater than the bond refer to section 7. Insurance.
The COMPANY will use its best endeavours to supply the CLIENT with the yurt ordered but where this is not possible the COMPANY will notify the CLIENT as soon as possible with any alterations to the design and specifications of the EQUIPMENT and where alteration is fundamental the CLIENT may terminate this contract and any deposit paid will be refunded.
Payments must be made in accordance with the terms stated in the COMPANY's quotation. Should settlement not be made by the Hire date then interest will be charged at 4 % per annum above the base rate of the Cooperative Bank Plc.
6. LOSS OR DAMAGE
(a) The CLIENT 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 CLIENT shall be responsible for any damage and loss caused to the COMPANY EQUIPMENT by his/her acts and omissions regardless of culpability.
(c) The CLIENT must be satisfied with the EQUIPMENT before use and should notify the COMPANY of any miscounts, incorrect deliveries or unacceptable EQUIPMENT before use.
(d) The CLIENT agrees to the pay the COMPANY all costs incurred by the COMPANY in rectifying the condition of the EQUIPMENT if it is returned damaged, unclean or incomplete.
(a) The insurance provided by the COMPANY covers the EQUIPMENT against: Theft, Vandalism, Fire and explosion, Storm and tempest. The COMPANY is insured by a policy with Arista Insurance.
(b) The CLIENT is encouraged to take out their own event insurance to cover any loss or damage to COMPANY EQUIPMENT claims arising from the CLIENT’s hire.
(c) The CLIENT can choose to pay a damage waiver (levied at 5% of the total equipment hire) so that the COMPANY will not seek any monies in excess of the first £250 of any damage or loss to COMPANY EQUIPMENT.
8. EXCLUSIONS FROM INSURANCE
(b) Insurance excess - The insurance cover excludes the first £250 of any claim and this is payable by the CLIENT.
(c) Cover only applies to EQUIPMENT that is delivered by the COMPANY and does no include any EQUIPMENT provided by a sub-contractor unless invoiced by the COMPANY.
(d) Disappearance, Unexplained or inventory shortage
(e) Consequential Loss
(f) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
(g) Any breach of the COMPANY terms and conditions as herein stated will negate the insurance policy
(h) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to the COMPANY within 24 hours.
9. THE CLIENTS RESPONSIBILITY
(a) The CLIENT should not enter the EQUIPMENT while the COMPANY is erecting.
(b) The CLIENT should keep any part of the EQUIPMENT that is a yurt completely closed and secure while not in use during the period of Hire.
(c) The CLIENT should not tamper with the structure or any part of the EQUIPMENT and in particular not affix or suspend from the EQUIPMENT any item whatsoever without written consent of the COMPANY.
(d) The CLIENT should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the COMPANY.
(e) The CLIENT 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 organization. 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 CLIENT. Where appropriate obtain a licence from the Local Authority. Any requirements under the licence 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.
(f) The CLIENT will allow suitable time for the installation and dismantling, and removal of EQUIPMENT (minimum of two hours). The client also ensures that safe and adequate power is available.
(g) The CLIENT will provide adequate supervision of its guests, including children, at the venue, and will be liable for any loss of or damage to the EQUIPMENT or personnel belongings, caused by guests attending the function.
(h) The CLIENT should not use any bubble machine, bubble products or other detergent utilising products in close proximity to the tent canvas.
(i) The CLIENT will ensure that there is no smoking in any of the tents.
(j) The CLIENT will ensure that he/she, or a nominated representative, is on-site to sign-off the completion of the erection of the tent.
10. LIABILITY TO THIRD PARTIES
The COMPANY will not be responsible for & the CLIENT 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 caused by faulty material or workmanship or negligence on the part of the COMPANY.
11. TENT ERECTION AND DISMANTLING
The COMPANY normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges. Only in exceptional circumstances and by special arrangement will the COMPANY allow the CLIENT to erect and/or dismantle the COMPANY's property.
a) The HIRE CHARGES do not include attendance by the COMPANY's crew except during the actual processes of erecting and dismantling the yurt(s).
b) The COMPANY reserves the right to attend the CLIENT's event to ensure the yurt(s) and other COMPANY EQUIPMENT is treated with care, and that the yurts are properly secured against the elements.
13. 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 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.
The COMPANY deems winds in excess of Force 4 of the Beaufort Scale (21mph) to be a high risk to employees and EQUIPMENT and will not erect tents until the wind speed drops below said Force.
No verbal representations or arrangements are recognised by the COMPANY. A booking may only be deemed valid once the CLIENT 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 CLIENT. Should the COMPANY not have availability then the deposit will be returned to the Customer.
a) Either party should have the right to terminate this Contract without penalty within seven days from the date that booking is confirmed in writing by the COMPANY. The cancellation by either party must be in writing. In the event of such termination by either party the COMPANY shall refund to the CLIENT any sums paid by the CLIENT to the COMPANY minus any cancellation charges outlined below.
b) Should the CLIENT wish to terminate the contract after seven days of booking confirmation by the COMPANY then the following cancellation charges will be charged to the CLIENT by the COMPANY.
For cancellation notices received:
• 28 days prior to the Hire period - 25% of the EQUIPMENT HIRE CHARGE (excluding labour and delivery) will be levied.
• 7 and 28 days prior to the Hire period - 50% of the EQUIPMENT HIRE CHARGE (excluding labour and delivery) will be levied.
• Less than 7 days prior to the Hire period - 100% of the EQUIPMENT HIRE CHARGE (excluding labour and delivery) will be levied.