Terms and Conditions
Definitions
1.1 The “Client” means the person/s, organisation or company booking the equipment, act or entertainment with the “Company”.
1.2 The “Company” means UpTheGarden Company Ltd.
1.3 ‘Hire’ is the hire of equipment for the ‘Client’ to operate and supervise themselves.
Bookings
2.1 All equipment remains the property of the Company at all times.
2.2 By placing an order with us either verbally or via e-mail or website, regardless of whether a booking form has been returned or deposit paid, it is deemed that the Client has read, understood, fully agreed to and is bound by all our terms and conditions of Hire.
2.3 In the event of traffic conditions or other uncontrollable circumstances preventing us from being able to fulfil our contracted obligations, our liability shall be limited to a refund of any monies paid in relation to the contracted event or a pro rata reduction in the hire fee in the event of delayed start. No further compensation will be paid irrespective of any loss of earnings.
2.4 We can accept bookings in writing, by telephone or via our website or email. If we have verbally agreed to accept your booking by any of the above methods a contract has been entered into and full terms and conditions apply from the time your booking is accepted. This applies irrespective of whether a booking has been acknowledged in writing or by email by the Company or whether any deposit has been sent or received. When a booking is made it is assumed that the Client has read, understands and fully agrees to the terms and conditions of Hire.
Where a request is made to change the date and or times of the hire we will do our best to rearrange your booking. All Hire charges are non refundable. Notwithstanding this, our cancellation policy is as stated in these conditions. Bookings are non-transferable.
Prices, Payments and Deposit Payments
3.1 All Hires are subject to payment with the booking, and is non-refundable.
3.2 Advertised prices are subject to change without prior notification, but once the booking has been made, there will be no subsequent change in price.
3.3 Where items have been booked for outdoor use and the event cannot proceed due to unsuitable weather conditions (e.g. high winds and/or heavy rain). All of the items available for hire can be used indoors or outdoors.
3.4 We are able to accept payment by Debit or Credit Card, Cash, or Bank transfer. We do not accept payment by cheque. Payments must be received by the Company before any period of hire can commence.
3.5 A Deposit equal to the Hire Charge will be payable at the same time as the Hire Charge, but will be returned in full if all equipment is returned in the same condition as when it was delivered by the Company to you. The value of any or all damage or loss of items will be deducted from the Deposit when it is refunded to you. If there is loss or damage to any part of a set, the value of the set (being the value of the individual game) will be the maximum value deducted from the deposit. In the event that the value of lost or damaged items exceeds the deposit paid, you will be liable for recompensing the Company for such additional loss within three days, and the Company will charge any Debit or Credit card (used for the Hire) with such amount accordingly, and within 24 hours of the end of the hire.
Cancellations
4.1 Any cancelled order will result in the Deposit paid being repaid by the Company within 24 hours.
Equipment
5.1 The Company reserves the right to substitute hired equipment with equipment of a similar type and value without notice in the event of damage by a previous client.
5.2 All sizes quoted are approximate
5.3 All goods remain the property of the Company at all times.
5.4 The Company reserves the right to amend or alter any product specifications without prior notice.
Site Location, Facilities & Conduct
6.1 Hired equipment will be delivered at no additional cost to the requested site, and to the Client on production of an identity document showing the address of the Client. It will be unloaded to the doorstep.
6.2 The Company reserves the right to refuse delivery if the Client has failed to notify the Company of any delivery problems, such as parking restrictions, or excessive loading distances from our vehicle to the Hirers advised delivery site. In such a case no refund will be given and the full hire fee will be retained.
6.3 The Client is fully responsible for safety of the users of the equipment, and the Company shall not have any obligation or responsibility for harm or damaged caused by or to the hired equipment once such items are delivered to the Client up to the time that the hired items have been collected and removed by the Company.
Liability & Insurance
7.1 The Company’s liability insurance does not cover use of any equipment once the items have been delivered to the Client.
7.2 The Client agrees to indemnify the company for any damage or theft of the Company’s equipment whilst on hire. If any hired items are damaged by outdoor weather conditions, the costs of repair or replacement will be met by the Client as a deduction from the Deposit paid or claimed by the Company as outlined above.
7.3 For outdoor hires, the hired items must not be used in heavy rain or windy conditions. In the event of rain, remove all users from the equipment until the rain has past, then dry off any water with a towel, before use continues.
COLLECTION AFTER EVENT
The equipment will be supplied to the Client in a clean condition and it is the responsibility of the Client to have the equipment in the same condition at time of collection to avoid any reduction in the value of returned deposits. The Company will collect the Hired items at the agreed place and time from the Client. The Client agrees to return all items at the end of the hire period. It is the Clients responsibility to ensure all items hired are available for collection; any lost, stolen or damaged items will be invoiced by the Company to the Client. Collections can only be carried out during normal working hours and in daylight.