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TERMS & CONDITIONS

‘THE COMPANY’ ‘US’ or ‘WE’ is Indigo Moon Teepees Ltd based in Great Dunmow Essex.

‘THE HIRER’ or ‘YOU’ is the person hiring the Equipment from the Company and whose name appears on the booking confirmation. The Hirer must be at least 18 years of age.

‘THE PERIOD OF HIRE’ means the period of hire for the Equipment and set out in the booking confirmation.

‘A BOOKING’ is the contract entered into by the Hirer and the Company, upon these terms and conditions, the process for which is set out in the Section entitled ‘General’ below.

‘THE EQUIPMENT’ is bell tent/s furnishing equipment provided by the Company for the use of the Hirer as set out in the booking confirmation.

‘HIRE CHARGES’ is the total amount due in respect of a contract as set in the associated invoice, as calculated in accordance with the booking confirmation and these terms and conditions. The Hire Charges include the delivery, assembly, installation, disassembly and collection of all ordered equipment.

 

GENERAL

These terms and conditions apply to all contracts entered into between the Company and the Hirer unless stated otherwise by the Company in writing.

1. CONDITIONS

Quotes are provided on the basis that a booking is not confirmed until a deposit and signed terms and conditions are received and we have issued a booking confirmation. Any offer of Equipment by us is subject to stock being available on receipt of a deposit.
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below.
A non-refundable deposit of £50 is payable on booking to hold the agreed date.
The balance plus a returnable damage deposit of £200 is payable 14 days before the delivery date stipulated in the booking form and / or invoice.
Bookings received less than 14 days in advance of the event date will require payment to be sent in full with a signed copy of these terms and conditions.
Notice of cancellation of the booking by the hirer must be provided to the Company in writing via email to indigomoonteepes@gmail.com, and to be received not less than 14 days prior to delivery. The deposit along with all monies sent by the Hirer will be forfeited.
Cancellation of less than 14 days prior to your delivery date will result in 100% of the hire charge being forfeited. 
The damage deposit seeks to cover damage, breakages or extra cleaning that may be required but is not the extent of the hirers liability should items hired be damaged or be lost in excess of the damage deposit value. Damage deposits will be returned within 3 working days of departure, minus deductions if applicable, which will be fully itemised. The Hirer is to pay for any costs if there is a shortfall in damage deposit held to cover any damages.
Indigo Moon Teepees Ltd invoices are for payment as per the terms stated.

 

2. COMMUNICATIONS
You agree that email and other electronic communications can be used as a long- distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
indigomoonteepees.co.uk is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
We may accept your order if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or the Conditions or to refuse to accept an order for Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.

3. SITE

(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. Should these assumptions be incorrect we reserve the right to additionally charge you for any extra work we agree to provide.

(b) The Hirer is required to provide the Company with either a plan showing the position in which the Equipment is to be erected or should have a representative on the site for that purpose. In the absence of a plan showing the position in which the Equipment is to be erected the Company will erect Equipment where we deem appropriate and shall be deemed to have completed the contract in doing so.

(c) The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the booking confirmation and related website, specific to their booking.

(d) The Hirer is required to select a site that is not susceptible to bogginess or has poor drainage. Any flooding caused is the responsibility of the Hirer.

(e) The Hirer must ensure that any obstructions to the site are removed before the Company arrives. This includes plants, shrubs, trees, vehicles and other materials. The Company reserves the right to apply a discretionary surcharge if obstructions prevent work from commencing.

(f)The Hirer must consider and is responsible for making suitable arrangements for access by people with disabilities and emergency services.

(g) If on arrival to site the carry from point of parking to point of erection is found to be greater than 20 metres a surcharge may be applied.

(h) Appropriate provision of parking must be supplied and all parking costs (if any), must be paid for by the Hirer in advance of the Company arriving on site.

i) If the hirer requests the bell tent to be erected on any form of artificial grass or turf they acknowledge and accept full responsibility that this will incur permanent damage to the artificial grass or turf as a result of safely erecting the tent. The company accepts no responsibility for any damage to the hirers artificial grass or turf and any costs related to this are the responsibility of the hirer. 

 

4. DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT

The Company will use reasonable endeavours to supply the Hirer with the Equipment ordered but where this is not possible the Company will notify the Hirer as soon as possible with any alterations to the design and specifications of the Equipment and where alteration is, in the opinion of the Company fundamental, the Hirer may terminate this contract and all monies paid will be refunded. The company will make every reasonable effort in to successfully complete a booking and uphold the contract. In the unfortunate occurrence that we have to cancel your camping event due to Force Majeure, including high winds that make it impossible to safely set the Equipment erected, or heavy rain making the ground too wet to make the Equipment safe, we will offer you a different date with the same package, amount of guests, Equipment and location. We have no control over the weather and we will always assess the situation for the safety of our customers and will always do our best to help find an alternative date, however we are not obliged to offer you a refund in part or full.

5. PAYMENT

When the Hirer books, they must pay an agreed deposit outlined in these terms and conditions as non refundable for the event and date booked. At least 14 days before the event the Hirer must pay the full balance amounting to the total Hire Charge and all disbursements, delivery costs, damage deposits and all other documented costs agreed, these payments are then non refundable in the event of cancellation.
When the Hirer books, we will send a booking confirmation. Mistakes can happen, so if any price on the booking confirmation or the Company’s booking systems is obviously wrong, a booking made based on that price won’t be valid, the Company can cancel it and make amendments so that the correct price is stated.
If the Hire Charge price changes from the date of booking because of movement in inflation, relevant exchange rates, taxes or fees charged by someone else including the venue, the Company can charge the Hirer that increase.
The prevailing rate of VAT will be used when payments are made from time to time

 

6. LIMITATON OF LIABILITY OF THE COMPANY

The Company will take all reasonable care to avoid damage to the Hirer’s own equipment, but cannot be responsible for any loss suffered by the Hirer in respect thereof other than as a result of the negligence of the Company’s employees, agents or contractors.
(a)Third party Liability

The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or the loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company.

The Hirer expressly acknowledges that the Company are not the original manufacturer or supplier of the equipment. The Company accepts no liability for any injury or death from any claim or proceedings arising from this contract with the Hirer

 

7. LOSS OR DAMAGE

(a) The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the Equipment from delivery or completion of erection, until dismantling.

(b) The Hirer must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.

(c) The client shall cover the company against the full value of any loss, damage or excessive soiling howsoever caused, unless caused by negligence by the company.

 

8. INSURANCE

The insurance provided by the Company covers the equipment against: Theft, Vandalism, Fire and explosion, Storm and tempest. The risk for any exclusions under the Company’s insurance passes to the Hirer on delivery of the Equipment.

 

9. EXCLUSIONS FROM INSURANCE

Exclusions include but are not limited to:

(a) Furniture

(b) Insurance excess – The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.

(c) Cover only applies to equipment that is delivered by the Company and does not 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) The Hirer is to keep the Equipment on site at all times and not attempt to move the equipment to any other location without the Company’s prior written consent; to keep the Company fully informed of all material matters relating to the Equipment; not to use the equipment for any unlawful purpose.

(i) 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.

 

10. AIRBED HIRE

The Company will not be responsible for any loss of air from the airbeds during the hire period. The airbeds will be fully inflated at the beginning of the hire, but due to factors such as temperature, amount of usage, length of hire, airbeds may lose air and deflate slightly.

 

11. THE HIRERS RESPONSIBILITY

(a) The Hirer should not enter the Equipment whilst the Company is erecting it.

(b) The Hirer should keep any part of the Equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.

(c) The Hirer 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 Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind, other than what is provided for and appropriate to use, inside the Company’s tents without the previous consent in writing of the Company. No cooking or use of gas appliances of any kind should be used inside the Company’s tents.

(e) The Hirer is responsible for any damage and loss caused to the Equipment regardless of culpability, and therefore should the security deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage.

(f) Any naked flames used on site in proximity to the tent are not permitted and entirely at the Hirers own risk.

(g) No animals are allowed inside the Company’s tents, without the previous consent in writing of the Company.

(h) No smoking is allowed inside the Company’s tents.

(i) Barbecue equipment or open fires outside are to be placed a minimum of 20 feet from the tent and not left unattended whilst in use.

(j) In certain circumstances, such as the use of private land, 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 license from the Local Authority. Any requirements under the license must be notified to us in writing, at least 14 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 Hirer advised accordingly.

(k) The Hirer will be responsible for any additional costs incurred to the Company as a result of any booked Equipment not being able to be erected/laid due to incorrect measurements, varying height levels or undisclosed site complications of which the company were not informed in writing.

(l) The Hirer will be responsible for any costs incurred by the Company due to changes being requested once the erecting of tents has begun.

 

12. OWNERSHIP

All Equipment remains at all times the property of the Company. The Hirer may not sub-hire or part with possession of the Equipment or any part of it and may not allow any lien or encumbrance to be created over the Equipment.

13. LIABILITY AND INDEMNITY
(a) Notwithstanding any other provision in the Conditions, nothing will affect or limit the Hirer’s statutory rights or will limit the Company’s liability for:
– Death or personal injury resulting from the Company’s negligence
– Fraud or fraudulent misrepresentation
– Any matter for which it would be unlawful for the Company to exclude or attempt to exclude our liability
(b) The Services, including those on the website indigomoonteepees.co.uk are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and the Company make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on indigomoonteepees.co.uk including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
(c) The Company will not be liable if indigomoonteepees.co.uk is unavailable at any time and we make no representation or warranty of any kind regarding the availability of
indigomoonteepees.co.uk or that it will be timely or error free, that defects will be corrected, or that indigomoonteepees.co.uk or the server that makes it available are free of viruses or bugs.
(d) The Company will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
– any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
– any loss of goodwill or reputation; or
– any special or indirect loss; or
– any loss of data; or
– wasted management or office time; or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under the Conditions and/or the Contract and/or the use of
indigomoonteepees.co.uk or any aspect related to the Hirer’s purchase of the Services
(e) In the event that the Company fails to fulfil any terms of the hire contract the Company’s liability is limited to refund or cancellation of amounts paid toward the hire charge at the date of cancellation and in no circumstances will the Company be liable for any indirect, special or consequential loss or damage (whether loss of profit or otherwise), costs, expenses or other claim whatsoever which arises out of or in connection with the hire of the equipment, except where liability may not be excluded by law.  The Company’s entire liability under and in connection with the hire contract shall not exceed the amount of the hire charge paid at the date of cancellation, except where liability may not be limited by law.

The Company shall not be liable for damage or loss of any of the equipment.  The Hirers statutory rights are not affected.
The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
(f) The Hirer agrees to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of the Conditions by you, or any other liabilities arising out of your use of
indigomoonteepees.co.uk or any other person accessing indigomoonteepees.co.uk using your personal information with your authority.
(g) This clause does not affect your statutory rights nor does it affect your contractual rights.

 

14. LIABILITY TO THIRD PARTIES

The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property caused during the Hirer’s use of the Equipment unless it be proved that such injury or damage was caused by negligence of the Company - see reference to full indemnity wording above

 

15. 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 Hirer to erect and/or dismantle the Company’s property. In these exceptional circumstances The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered from erecting and / or dismantling the Company’s property.

 

16. ATTENDANCE

The Hire charges do not include attendance by the Company’s workforce, employed or sub-contracted, except during the actual processes of erecting and dismantling the tents.

 

17. FORCE MAJEURE

The Company will not be liable for any: Act of God including but not limited to tempest, fire, flood, storm, natural disaster or poor weather conditions; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services, and any other factor outside of the reasonable control of the Company.

 

18. CHOICE OF LAW

This contract will be governed by the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales.

19. CANCELLATION

Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.
100% of the Hire price for notice less than 14 days prior to the Hire period.
£50 deposit for notice more than 14 days prior to the Hire period.

20. OTHER

All variations to these terms and conditions shall be mutually agreed and in writing. The Company may reissue its terms and conditions from time to time, and such reissued terms and condition shall apply to all contracts concluded thereafter. The Company may terminate a contract immediately by notice in the event of non-payment by the Hirer, if there is any other breach of these terms and conditions by the Hirer, or if the Hirer becomes bankrupt or becomes subject to any other insolvency proceedings. If any clause is deemed invalid it will not affect the rest of the terms and conditions.

 

21. ENTIRE AGREEMENT

This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.

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