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Terms & Conditions at Bella Kernow

Definitions

‘THE COMPANY’ ‘US’ or ‘WE’ is BellaKernow, based at 45 Collygree Parc, Goldsithney, Penzance, Cornwall, UK, TR20 9LY.

‘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.

Contract formation

Quotes are provided on the basis that a booking is not confirmed until you have paid the required deposit and we have confirmed the Booking by issuing a booking confirmation. Any offer of Equipment by us is subject to stock being available on receipt of a deposit.

1. CONDITIONS

A non-refundable deposit of 25% of the total Equipment hire cost is payable on booking. The balance is payable 28 days before the delivery date stipulated in the booking confirmation. Bookings received less than 28 days in advance of arrival will require payment to be sent in full with the booking form. Notice of cancellation of the booking by the hirer must be provided to the Company to be received not less than 28 days prior to delivery. Cancellation of less than 28 days prior to your arrival will result in 50% of the hire charge being forfeited. You may wish to obtain travel insurance to cover this.

2. 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.

3. 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 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 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 campsite, however we are not obliged to offer you a refund in part or full for your stay. Please ensure you have travel insurance to cover this eventuality.

4. 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.
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

5. PAYMENT

Payments must be made in accordance with the terms stated in the Company’s quotation. Should settlement not be made by 28 days prior to the Hire date then interest will be charged at 4 % per annum above the base rate of The Halifax plc.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 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 eight feet from the marquee or 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 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 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. ENTIRE AGREEMENT

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