Terms & Conditions
MINI-MARQUEE & GAZEBO HIRE TERMS & CONDITIONS
These terms and conditions form an integral part of your hire contract with Cutler Mini-Marquee & Gazebo Hire, hereinafter referred to as the "Company". The Company Registered Office is:
printed at the top of any contract the hirer and the company enter into.
Definitions
The "Hirer" is the person whose name & address appears at the top of the hire contract of which these terms and conditions form a part. The hirer must be at least 18 years old. The Hirer accepts full legal liability for all the equipment listed on the hire contract(s) irrespective of whether the equipment is for the Hirer’s personal use, or that of another member of his/her party, booking under the same contract booking number. "Equipment" includes Gazebos & any other item(s) hired by the Hirer from the Company. The hire period is the date from which the equipment is collected\received by the hirer from the Company or it's agents, until the date that the hirer is due to return the equipment. Both these dates are clearly stated on the hire contract.
Conditions of Hire
1. You must bring this form with you to collect/receive your equipment, together with a satisfactory form of identification, e.g. Passport, Driver’s Licence or photo ID with named utility bill. The Company reserves the right not to hand over any equipment if the Hirer cannot properly identify himself\herself. In these circumstances no refund will be given.
2. The Hirer or his\her agent will sign a receipt for the equipment on collection. By signing, the Hirer or his\her agent acknowledges that they have inspected the equipment & confirms that it is the equipment ordered & that it is in satisfactory working order and condition
3.Replacement costs The Hirer accepts full personal liability for the equipment from the time he\she receives it from a member of the Company's staff or agents, until it is returned to the Company at the end of the hire period. The Company reserves the right to charge the hirer the full replacement cost of such equipment in the event that it becomes damaged, lost or stolen during the period of hire, or until it has been returned to the Company. The replacement costs are as follows: -
Marquee :- 4m x 6m £600 Carpet :- 4m x 6m £320; 3m x 4.5m £220
Mini-Marquee :- 3m x 4.5m £300 Table :- £45
Gazebo :- 3m x 3m £175 Chair :- £15
4. Gazebo/Mini-Marquee/Marquee. If a charge has been made by the company for pitching/dismantling the Structure, the fee includes the labour to erect said item(s). It is the responsibility of the hirer to:
4.1. Make sure the site is clear of services to a depth of 30cm of Gas, Electricity, Water and drainage pipes - any damage caused if present will be the responsibility of the Hirer.
4.2. There is easy access to the site from the delivery vehicle.
4.3. The distance between vehicular parking and the installation site is no more than 75m and is a level, clear path.
4.4 The site will be clear of all obstacles on the day of installation.
4.5 The site will be clear of people and animals during installation.
4.6 Where the hirer has elected to install the Structure themselves, then all possible steps are to be taken to avoid injury or damage to the equipment during installation.
4.7 No BBQ's or gas/electric patio heaters or any other kind of space heater will be used inside the equipment.
4.8. That any build up of pooled rain or snow is removed from the canopy.
4.9 All possible steps are taken to avoid injury or damage to the equipment including climbing or hanging from the framework of the Gazebo.
4.10. Compliance with the UK no smoking laws.
4.11 In the event of winds of 12-15 mph (as published on the BBC hourly weather forecast for the local area at any time over the duration of the hire) the hirer must check all guy ropes are still fastened down properly (where applicable) and that weights are positioned correctly and working effectively.
4.12 In cases of winds above and beyond 15 mph (as published on the BBC hourly weather forecast for the local area at any time over the duration of the hire) the hirer is responsible for partially or completely dismantling the Structure and/or making any other reasonable attempt to prevent damage occurring as the hirer deems fit. Any damage howsoever caused will remain chargeable.
4.13 The Hire charges do not include any making good or repairing of damage to the equipment.
4.14 The Hirer is required to provide the contractor with either a plan showing the position in which the equipment are to be erected or should have a representative on the site for that purpose. In the absence of both then the company having erected the equipment where they think fit shall be deemed to have completed the contract.
4.15 The Hirer should never presume that any of Company's equipment will be attached or joined to any buildings within the site unless previously agreed with the company.
4.16 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 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 Hirer. 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.
5. Amendments. The company will allow the hirer to change the details once free of charge after you have completed your booking, subject to the equipment still being available. The company will not accept any changes 7 days prior to the commencement of the hire period. All amendments must be in writing and sent by post, fax or e-mail to the Company. Any subsequent amendments will be charged on a case by case basis per amendment (min £5).
6. Cancellations. If the booking was made by Telephone or the Internet then the Hirer may cancel the contract up to seven working days after the contract was made and will receive a full refund of monies paid, provided that the cancellation is in writing and sent by post, fax or e-mail to the Company. Where the equipment has already been dispatched by carrier or to the location the hirer is due to pick up, then the Hirer will be liable for the costs of the dispatch and return of the goods. In such circumstances, the equipment must be returned unused to the Company, and within seven days of its receipt, or normal hire charges will apply.
Fees If the Hirer has visited any of the Companies premises and arranged their booking or the cancellation is 10 days after the booking was made over the telephone or Internet, the cancellation must be in writing and sent by post, fax or e-mail to the Company. The following charges will apply: - 1) No refunds will be made for cancellations made within seven days from the commencement of the hire period.
2) Cancellations made between 8 to 20 days before departure are subject to a fee 20% of the value of the hire contract, (subject to a minimum charge of £10).
3) Cancellations made 20 days or more, before the commencement of the hirer period are subject to an administration charge of £10.
7. It is possible that the equipment which you have pre-booked may have been lost or damaged by the previous hirer. In this event, the Company will endeavour to provide the Hirer with equipment of at least the same quality & value as that ordered by the Hirer. Should the Hirer not wish to take the alternative equipment offered, he\she will be entitled to a full refund in respect of the missing equipment. However, the Company accepts no further liability.
8. Returning Equipment Late. Where the Hirer does not return the equipment at the end of the hire period, the Company reserves the right to charge the Hirer at the following daily rate of hire. The daily rate will be calculated as one sixth of the 6 to 12 day rate specified in the Company’s current season’s brochure up to the replacement cost of the equipment, as specified in paragraph "2" above, together with any legal fees or associated recovery costs.
9. Deposits:- If you are paying by credit card for your booking. We hold on to your credit/debit cards details securely. In the event that the equipment is not returned, damaged beyond repair, damaged, or dirty beyond normal wear and tear a fee will be charged to this card. See Terms 3, 10 &11 for indicative charges. The Company will send notification to the hirer of these charges before this payment is taken. If you are paying by cash for your booking then we will require a credit/debit card deposit of £80. The Company also reserves the right to demand a deposit from any hirer at any time up to and including the Hirer collecting the equipment from the Company. The amount of such deposit is to be at the absolute discretion of the Company.
10. Cleaning of the Equipment: Whilst we accept it may not be possible to fully clean the marquee before returning it because of the weather conditions. The company reserves the right to charge a cleaning fee of up to £50 if the equipment is returned in a dirty state and has to be cleaned before its next use. The amount will be deducted from your card.
11. Damage Charges for Equipment These charges are given as a guideline only and will vary depending on the severity of the damage. These charges will be notified to the hirer before being deducted from the deposit or in the case where the charge is more than the deposit, deducted from your card.
Any part of the frame structurally compromised: £150. Roof material damaged beyond economical repair: £150. Damaged weights £5, missing weights £15 each. Broken or missing gutter £5 per section. Small straight tears under 15 cms in length £5, Larger tears POA, Torn straps £5, Broken Zips £15.
12. The Company reserves the right to refuse to hire equipment to any client with whom it does not wish to enter into a contractual relationship. The Company reserves the right to cancel a contract at any time & without notice, whereupon it will refund to the hirer any monies paid. Following such a refund, no further liability will exist between the hirer & the Company.
13. Save as provided in these conditions & to the extent that the exclusion or restriction of liability may be prohibited by statute, the Company will not be liable for any loss, damage or injury caused, directly or indirectly by the equipment or its use. Your statutory rights are not affected.
14. 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.
USEFUL TIPS FOR ENJOYING YOUR GAZEBO HIRE
1. If zips are left open and the unrestrained sidewalls are allowed to flap in the wind then this will increase the risk of them becoming damaged - please tie or peg them back or failing that tuck them out of the way.
2. If attaching lights to the structure, please ensure that they will not melt, burn or otherwise damage the Gazebo in any way as you will be charged accordingly. LED or other low-heat lights are positively encouraged.
3. Barbecues/outdoor grills/fire pits etc are NOT permitted inside the Gazebo
- see Replacement Costs: Sections 3 & 11
4. If the weather conditions reach a point where they pose a threat of damage occurring to the Structure then action must be taken to avoid damage actually occurring. This may be as benign as tearing one of the open sidewalls - See Tip 1 above.
5. Smoking material presents an all too real risk of damaging the material so it is recommended that any smokers be kept away from the edges of the Structure to help reduce this risk.
6. It is anticipated that a reasonable amount of wear and tear will inevitably occur, however, where excessive dirt has built up on the walls/feet of the structure please be aware that a fee for cleaning may be chargeable. To reduce the chance of being charged for cleaning we would recommend giving the affected areas a quick wash down with warm soapy water and left to dry, well before the Structure is packed away.
For all of the above, see Replacement Costs: Sections 3, 10 & 11.
Version Jan 2024