“The company” is Jabula Tents and/or their subcontractors or agents.
“The hirer” is the person hiring equipment from the company.
“The equipment” is all items provided to or hired by the hirer.
“The period of hire” means the time commencing with the arrival of the equipment on site, and terminating when the equipment is removed by the company.
These terms and conditions apply to all contracts entered into by the company unless otherwise stated in the company’s written quotation. By authorising or allowing a booking to proceed, the hirer is deemed to have acknowledged and accepted these terms and conditions.
The company’s quotation for hire charges is dependent on the site being provided with easy access for vehicles. If vehicular access is not within 20 metres of the setup site, additional fees will be incurred by the hirer. The company cannot be held responsible for damage caused to concealed or buried pipes, cables and other services and features unless their positions have been clearly marked on the site by the hirer. Any damage to underground services remains the hirer’s responsibility. The quotation for lighting is made on the assumption that a suitable and sufficient power point is available within 15 meters of the marquee. The company reserves the right to erect, dismantle and remove the equipment from the site at its convenience. The hire charges do not include any repairs or making good that may be required to the site or any damage arising from modified setup and takedown procedures caused by circumstances beyond our control. The site is assumed to be adequately penetrable to provide support for our structures. Should the properties of the ground cause significant unexpected problems, additional fees will be incurred by the hirer.
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 10 % per annum. The Hirer agrees to pay the deposit prior to a booking being confirmed and guaranteed. The Hirer agrees to pay the remaining balance upon completion of erection and setup of structures and equipment. The charges published in any of the Company’s advertising matter are for the guidance of the Hirers in estimating costs only and do not constitute an offer.
The deposit is non refundable. Full cancellation of a booking within a month of the erection date incurs a cancellation cost of 25% of the total fee. Full cancellation of a booking within two weeks of the erection date incurs a cancellation fee of 50% of the total fee.
The company’s responsibilities
The company agrees to deliver and erect tents and other equipment on or before the agreed setup date. The company agrees to dismantle, take down and remove from site all equipment on or after the agreed dismantling date.
Erection and dismantling
The Company covers all erection and dismantling costs as included in the quotation, and provides labour as required. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property. The quoted costs of rental, erection and dismantling of equipment includes attendance of the Company’s crew during erection and dismantling, though no company personnel will be in attendance throughout the hire period, apart from by prior arrangement with the Company.
Third party liability
The company will not be responsible for, and the hirer will indemnify the company against, all claims for injury to persons, or loss of, or damage to, property, whatsoever the cause, unless it be proved that such injury or damage resulted from faulty materials, workmanship, or negligence on the part of the company. The Company will not be responsible for mechanical or electronic failure irrespective of the cause of this.
Whilst every effort will be made by the company to complete the agreed rental, the full execution of a booking is subject to variation or cancellation due to ‘acts of god’, war, strikes, riots, lockouts or any other disturbances beyond our control. Fire, flood, storm, or tempest restrictions on the use of transport, fuel or power are included in the above exemptions, and may contribute to the company having to alter a booking.
A booking may only be deemed valid once the Hirer is in receipt of a deposit from the Hirer and the booking form have been signed. Should the Company not have availability then the deposit will be returned to the Customer.
Loss or damage
The Hirer 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. The Hirer must be satisfied with the equipment before use and should notify the Company of any incorrect deliveries or unacceptable equipment before use.
The Hirer’s responsibilities
The hirer shall provide the company with a plan showing where he/she requires the equipment to be erected, or alternatively have a representative on the site for that purpose. Otherwise the company will erect the equipment where it thinks fit and a further charge shall be incurred if the hirer wishes the equipment to be repositioned. The hirer is responsible for obtaining any site permits that may be necessary from any authorities who are or may be concerned. The Hirer agrees to have the site clear, clean and tidy prior to the company’s arrival on day of setup and erection. The Hirer should not enter the structure until the company confirms that setup is complete. 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. The Hirer 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.
Loss / Damages
The hirer is responsible and will indemnify the company against any loss or damage whatsoever the cause unless the hirer has paid the damage waiver fee referred to on the quotation/confirmation of order. In no circumstances will the liability of the Company exceed the total hire charge. The hirer will remain responsible and indemnify the company against any damage or loss caused by their negligence. In the event of a claim for loss or damage being accepted by the company’s insurers, the hirer will be liable for the first £500.00 of any such loss or damage.
Upon payment of a ‘Damage Waiver Fee’ referred to on the quotation then the above clause ‘Loss / Damages’ will not apply. Please note that the client will still remain responsible for the first £250 of any loss, and for any loss or damage resulting from their negligence or legal liability.
Exclusions from Insurance
(a) Insurance excess – The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.
(b) 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.
(c) Disappearance, Unexplained or inventory shortage
(d) Consequential Loss
(e) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
(f) Any breach of the Company terms and conditions as herein stated will negate the insurance policy
(g) 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.
All our structures are subject to the same regulations as temporary structures and as such are governed by Smoke Free Legislation, which states that temporary structures that are open to the public, or used as a place of work, are covered under the legislation in the same way as a permanent structure. A tent for example is required to be smoke free and needs to carry appropriate signage if it is either enclosed or substantially enclosed as defined in the regulations.
Exclusion of liability
The company will make every effort to complete setup on or before the agreed set up date. If equipment is not erected because of hindrances caused by bad weather or other circumstances beyond our control, the company shall not be liable to any compensation to the hirer.
We reserve the right to photograph, film and document our equipment in any location. The recorded media remains under ownership of the Company, and may be used by the Company at our discretion.