Cheshire Inflatables Limited
Terms and Conditions
1 – Booking
- In order to make a booking you should submit an order to us by completing the online enquiry form on our website or (where available) by completing the booking process on our website.
- When you submit the order we will contact you to arrange and confirm the details of your booking including the equipment and other items you want to hire (together the "Equipment") together with the hire fee. Your order is only accepted when we email you to confirm this and a legally binding contract for a booking between you and us only comes into effect when we send you this confirmation email. It is your responsibility to ensure that the site where you wish the Equipment to be located is big enough to accommodate the dimensions of the Equipment as set out on our website.
- When you make a booking by completing the booking process on our website you confirm that you have agreed and accepted these terms and conditions together with any additional terms and conditions applicable to the Equipment. Payment will be taken at the time of completion of the booking process but your order is only accepted when we email to confirm this and a legally binding contract for a booking between you and us only comes into effect when we send you this confirmation email.
2 – Price and Payment
2.1 All hire fees (including the deposit) must be paid by credit or debit card or BACS payment. BACS payments must be showing as cleared before the relevant payment dates otherwise such payment shall be treated as not having been made by the appropriate dates.
2.2 We may require a deposit for certain of the Equipment where we do not require the hire of such Equipment to be paid for at the time of booking. The amount of this deposit will be notified to you together with the timescale within which it must be paid. If such deposit is not paid within such timescale, then we reserve the right to cancel the booking without liability to you.
2.3 The outstanding balance of the hire fee must be paid in full no later than 5 business days before the start of the hire period by the same method as the deposit.
2.4 In addition to the hire fee, you may also be required to pay a damage and cleaning deposit at the time of your booking, the amount of which will be confirmed during the booking process (the "Damage Deposit"). This Damage Deposit will be refundable by us within 7 days of the end of the booking subject to us inspecting the Equipment and confirming that it is in satisfactory condition. If you have damaged the Equipment or not cleaned it to the same standard it was delivered to you we shall be entitled to deduct an amount equal to the cost of repairing such damage or cleaning the Equipment from this Damage Deposit. If the damage or amount of cleaning required is significant, this may mean that you lose the entirety of this Damage Deposit.
2.5 Unless otherwise set out in the booking, if the hire fees and/or the Damage Deposit are not paid in full by the date which is 5 days before the start of the hire period, then we may cancel the booking and you will lose your deposit referred to in clause 2.2 and any other sums paid.
3 – Your obligations
3.1 You will
3.1.1 before the start of the hire period notify us of the location of any underground services (gas, water, electricity etc.) that could be damaged by any fixing spikes we may need to use (if any). You will be responsible for any costs of repair to any unmarked or unidentified underground services and associated costs relating to their interruption resulting from them not being identified to us by you;
3.1.2 ensure that the site on which the Equipment is to be installed is clear of all hazards and obstructions, ensure that there is sufficient access for us to load, install, and unload the Equipment (all access routes should be similarly free from hazards and obstacles and we will advise you separately of minimum dimensions), and not allow any persons to enter or use the Equipment or its surrounding area whilst it is being installed and/or removed.
3.2 Once we have delivered and installed the Equipment you shall:
- be responsible for the supervision of the Equipment, its care, safety from damage, and the behaviour of all persons of all ages using the Equipment whatever their capacity;
- comply at all times with the safety and usage instructions that we provide to you and not use the Equipment for any purpose other than as notified by us;
- not allow the Equipment to be used for any unlawful purpose or in any unlawful way; and
- not alter or tamper with the Equipment that would render it unsafe.
4 - Our responsibilities
4.1 Unless we otherwise confirm in writing, we shall attend at the location provided to us at an agreed time on the day on which the hire period starts and install the Equipment. We shall also disassemble and collect the same Equipment on an agreed date and time after the end of the hire period.
4.2 We confirm that if you are a consumer, all goods that we supply will be of satisfactory quality, fit for purpose, and match the description given to them in the booking and installed properly. If you do not consider that the goods that we have supplied are of such satisfactory nature then please contact us to discuss your right to a replacement of the goods, a price reduction or a rejection with a refund.
5 – Alcohol
We will only supply you with alcohol as part of your booking where the person making the booking is over 18. If we suspect that the person making the booking is not over 18 then we may withhold the supply of alcohol and refund any amount paid for this without you being entitle to cancel the rest of the booking. You must ensure that any alcohol that we supply shall not be sold to the public generally and will not be supplied to those under 18 specifically.
6 - Liability
6.1 Provided that the Equipment is used in accordance with these terms and conditions and the additional safety instructions provided to you, the Equipment should be safe, however accidents do happen. We accept no liability for injuries or other loss or damage howsoever caused in respect of your use of the Equipment or other use of it by any person during the period within which it is in your control and possession unless and to the extent that it is caused by our negligence.
6.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses
6.2.1 that were not foreseeable to you and us when the booking was made and/or
6.2.2 that were not caused by a breach of contract on our part; or
6.2.3 to the extent that they arise as a result of you not complying with your obligations set out in clause 3.2 or the safety instructions provided to you.
6.3 We do not accept responsibility for any business losses or losses to anybody other than consumers.
7 - Right to cancel
7.1 Subject to clause 7.2, you have the right to cancel your booking by giving us notice within 14 days of the date we send you the confirmation email. If you do so we will return any sums that you have paid within a further 14 days.
7.2 If you wish for the hire period to commence before the end of this 14 day period we will require you to confirm in writing that you still wish for us to supply the Equipment and that you accept that you will lose the right to cancel referred to in clause 7.1.
7.3 If you cancel your booking after the 14 day period referred to in clause7.1 then
(a) you will lose your deposit but you will not be required to pay any further sums (and a sums paid other than your deposit will be refunded within 14 days) if your cancellation is received more than 5 business days before the start of the hire period, and
(b) you will lose all sums paid to us (other than the damage deposit which will be refunded within 14 days) if your cancellation is received 5 business days or less before the start of the hire period.
7.4 Our right to retain monies paid set out in clause 7.3 is a mechanism to satisfy our genuine estimate of the losses that we would suffer in the event of a cancellation at during the times referred to.
8 - Force Majeure and Adverse Conditions
8.1 The nature of certain types of Equipment means that it may be rendered unsafe in adverse weather or ground conditions and if we in our sole discretion consider at any time during or before the hire period that weather conditions have made, or are reasonably likely to make, use of the Equipment unsafe then we shall be entitled to cancel the booking, attend at the hire location, and remove the Equipment and you agree to provide us with such reasonable assistance as is necessary (subject to relevant safety responsibilities) in order to do this. In these circumstances we shall refund the fees for any unused portion of the hire fees.
8.2 Whilst we will make every effort to comply with your booking, we shall not be liable for any inability to comply with it if this is due to us being prevented, delayed or significantly impaired by strikes, riots, lockdowns, pandemics, fire, or restrictions on the use of transport, fuel, power or gatherings of multiple persons, to the extent that these are beyond our reasonable control.
CHESHIRE INFLATABLES LIMITED
GAZEBO HIRE ADDITIONAL TERMS AND CONDITIONS
It is the responsibility of the person who is hiring the gazebo (the "Gazebo") to ensure that all possible steps are taken to avoid injury or damage to the Gazebo including following the Safety Instructions below
Please ensure that the following Safety Instructions are followed:
- The Gazebo will be fully secured to the ground at all times during use as per the manufacturers’ recommendations.
- Do not allow anyone on or near the Gazebo during installation.
- Climbing, hanging or sitting on the Gazebo is DANGEROUS and must not be allowed.
- Do not use any cooking equipment, lighting or electrical appliances in or around the Gazebo other than any that we supply or that we consent to beforehand.
- Always ensure that the Gazebo is not overcrowded.
You must ensure that all access routes are at least the width of a standard garden gate (approximately 75cm) wide.
IF YOU ARE UNSURE OF ANYTHING, PLEASE CONTACT US.
DISCLAIMER - Please note that all persons using the Gazebo do so at their own risk.
The person/s or organisation hiring the Gazebo will be responsible/liable for any damage or injury occurring from or as a result of misuse or reckless use.
These guidelines are for the safety of all people using the Gazebo, and it is the sole responsibility of the hirer to ensure they are fully adhered to at all times.
We cannot accept any responsibility for any injury caused to anyone using the Gazebo save for where we have been negligent.
I have read the above terms and those attached, both of which were provided to me at the time of the booking, and I fully understand and accept the conditions above and attached.
I am aware that whilst in my care I am fully responsible for the Gazebo and will pay for any loss or damage that may occur.