ROLE PLAY EQUIPMENT HIRE TERMS AND CONDITIONS
FOR STAY AND PLAY SESSION TERMS AND CONDITIONS CLUASE 6,7,8,11,12,13 AND 14 APPLY.
Background:
These Terms and Conditions shall apply:
A. to the hire of all toys and equipment (“the Equipment”) from Pop up Playroom (“the Company”)
B. where the Customer is hiring the Equipment as a “Consumer” as defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” | means any business, trade, craft, or profession carried on by the Customer or any other person/organisation; |
“Consumer” | means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires the Equipment for his/her personal use and for purposes wholly outside the purposes of any Business; |
“Customer” | means the customer who is hiring the Equipment subject to these Terms and Conditions; |
“Deposit” | means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement; |
“Equipment” | means the toys or equipment supplied on hire by the Company to the Customer subject to these Terms and Conditions; |
| |
“Price List” | means the Company’s price list, current at the time of the start of the Hire term; |
“Hire” | means the hire of the Equipment by the Customer subject to these Terms and Conditions; |
“Hire Agreement” | means the agreement entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and |
“Hire Fees” | means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions. |
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any similar expression, includes a reference to any communication effected by email.
1.2.2 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.3 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.4 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include all other genders.
2. Hire Term
2.1 The length of the Hire term will be set out in the Hire Agreement. The Hire term is either for the day of the event or a longer hire option of a Monday to Thursday or Friday to Sunday.
2.2 The Equipment will remain in the ownership of the Company throughout the Hire term.
2.3 If the Customer wishes to extend the Hire term they must contact the Company to arrange such an extension. The company will use all reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire term. The cost the extension will be calculated and must be paid before the extended Hire term begins.
2.4 The Company reserves the right to recall the Equipment immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all hours or days remaining in the Hire term.
2.5 At the end of the Hire term if the Equipment is withheld from the Company the Customer shall be deemed to have authorised the Company to enter its premises and use any means necessary to recover the Equipment. The Customer shall be charged for any costs associated with such recovery
3. Booking and Deposit
3.1 Bookings should be done via email on popupplayroom@protonmail.com
3.2 The Customer shall be required to pay a 30% non-refundable deposit and refundable damage deposit to the Company to secure the booking at the time of the booking. Booking is subject to availability and at the Company's discretion.
3.3 A booking confirmation and receipt will be sent to the Customer via email upon receipt of the deposit.
3.4 The booking and damage deposits should be made via bank transfer.
3.5 The damage deposit is £10 per Toy Box and £15 per Play set. If multiple boxes or sets are booked, the Company may decide to waive some of the damage deposit. The agreed sum of the Deposit shall be set out in the Hire Agreement.
3.6 At the end of the Hire term the Company shall fully inspect the Equipment upon its collection from the Customer. If the Equipment requires routine cleaning, and/or maintenance which is the result of normal wear and tear the Customer will receive the damage deposit back in full. In the event that additional cleaning, and / or maintenance or replacement is required the Company shall retain the Deposit in full ,in part or charge the customer further as appropriate and shall provide the reasons for such retention and/ or charge to the Customer in writing, including all relevant calculations and pricing information.
3.7 The damage deposit will be returned to the Customer via bank transfer to a bank account selected by the Customer.
4. Fees and Payment
4.1 The Hire Fees will be determined by reference to the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Hire Agreement.
4.2 Prices are subject to change at any time unless a booking has been confirmed.
4.3 Payment shall be made in full, as set out in the Hire Agreement, prior to the commencement of the Hire term. Failure to pay by this time may result in cancellation of the booking and loss of the non- refundable booking deposit.
4.4 Payment should be made by bank transfer.
5. Delivery, Hire and Return
5.1 The Company will deliver the Equipment to the chosen premises as set out in the Hire Agreement at the time set out in the Hire Agreement, at the start of the Hire term. The Company will only deliver the Equipment once all payments required under Clause 3 and 4 have been made.
5.2 Delivery is included in the Hire Fee up to a distance of 10 miles. Further distances will be charged at a fee outlined in the hire agreement.
5.3 The Customer must ensure that the delivery pathway is direct and clear. The Customer must inform the Company of any obstructions to delivery eg no parking/ stairs at the time of booking. Any obstructions may result in a delivery fee. Failure to inform the Company of any obstructions will result in an extra charge.
5.4 The Customer should ensure that there is sufficient space for the Equipment ordered. The Company reserves the right to withhold Equipment if there is insufficient space for the Equipment to be used safely. In this instance the Customer will not be refunded for Equipment withheld.
5.5 The Company is required by law to provide consumers with goods that are of satisfactory quality and fit for purpose. This may include a small amount of wear and tear. The Company endeavours to supply the exact equipment as advertised, however occasionally there may be small differences or replacements.
5.6 The Equipment is cleaned after each use, however the Company cannot guarantee that the Equipment will be completely free of animal hair. The Customer must endeavour to keep pets away from the Equipment whilst in their care. The Company will not be responsible for any reactions that may be caused by the Equipment.
5.7 The Company will supply the Customer with a full inventory of the Equipment. It is the Customer's responsibility to check the Equipment is complete and in working condition upon delivery. Once the Company has left the Customer's premises it is assumed that the Equipment is complete and in working condition unless otherwise noted by the Customer.
5.8 If the Customer discovers any damage (pre-existing) or fault with the Equipment during the Hire term, the Customer should inform the Company as soon as is reasonably possible. The Company will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing the Customer any inconvenience, the Company will repair the Equipment.
5.9 At the end of the Hire term, on the date and time shown in the Hire Agreement, the Company shall collect the Equipment from the Premises to which it was delivered.
5.10 If the Customer is late and the Equipment is not ready for collection by more than 1 hour, the Company shall charge the Customer for an additional day’s hire at the normal daily rate for that Equipment as stated in the Hire Agreement.The provisions of this sub-Clause shall continue to apply daily until the Equipment is returned.
6. Use and Care of the Equipment
6.1 The Customer may only use the Equipment for the normal purpose for which it is intended. It is the Customer's responsibility to adhere to the following rules:
6.2 Manufacturer suggested age for toys is 3+
6.3 Ride on toy age and weight limit as follows:
Wiggle cars age 2years + max weight 55kg
Motorbikes age 2 years+ max weight 25kg
Tricycles age 2 years+ max weight 25kg
Bee push trikes age 1 year+ max height 74cm max weight 25kg
6.4 All Equipment must be used in accordance with any and all operation and safety instructions provided.
6.5 The Equipment must always be set up on flat, hard flooring, whether indoors or outdoors.
6.6 Equipment must always be used under adult supervision, children should not be left unattended with the Equipment at any time.
6.7 Whilst every care is taken to ensure the Equipment does not contain choking hazards, children must be supervised at all times whilst using the Equipment.
6.8 No food, drinks or chewing gum are to be consumed whilst using the Equipment.
6.9 No smoking or barbeques are permitted around or near the Equipment
6.10 The Customer may not make any alterations or adjustments to the Equipment .
6.11 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject to reasonable levels of wear and tear. Any additional cleaning needed shall be charged as per clause 3.7
7. Liability
7.1 The Company cannot be held responsible for any accident that results in damage, injury or death whilst the Equipment is under the Customer's care or on the Customer's premises.
7.2 The Company holds no responsibility for the use if the Equipment during the Hire term.
7.3 The Company has obtained public liability insurance, a copy of which may be seen upon request.
7.4 The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Hire Fees payable by the Customer.
7.5 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer.
8.How We use your personal information (Data Protection)
For complete details of the Company’s collection, processing, storage, and retention of personal data,please refer to the Company’s Privacy policy available on the Company's website.
9. Termination
9.1 The Company reserves the right to terminate the Hire Agreement at their discretion. The customer will be informed of this in writing and any refunds will be made at the Company's discretion according to the reason for cancellation.
9.2 The equipment is inspected before each Hire term. If the Company feels any part of the equipment is unsafe it will be removed. If said item is a major component of the set/box and a replacement cannot be found in time, the Company will inform the Customer in writing and a decision will be made whether to cancel or swop the set/box with another set/ box. If cancellation is chosen, monies for that item shall be refunded to the customer.
9.3The Customer must give at least 4 weeks notice of cancellation. Refunds of paid monies will be calculated as follows:
a) If cancellation is made up to 4 weeks before the Hire Term commences, all monies paid shall be returned to the Customer except for the non- refundable booking deposit.
b)If cancellation is made between 1-2 weeks prior to commencement of the Hire Term, 50% of the monies paid shall be returned to the Customer excluding the non- refundable booking deposit.
c) If cancellation is made 1 week or less before the Hire Term commences, no refund will be granted.
9.4 No refund will be granted for bad weather, provisions should be made by the Customer to allow for set up in a different space should this be needed.
10. Events Outside of the Company’s Control (Force Majeure)
The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond the Company’s reasonable control.
11. Communication and Contact Details
The Customer may contact the Company by :
phone on 07453309269
email at popupplayroom@protonmail.com
via our contact us or booking request form on our website www.popupplayroom.com
12. Complaints and Feedback
12.1 The Company always welcomes feedback from its customers and, whilst the Company always uses all reasonable endeavours to ensure that its customers’ experience is a positive one, the Company nevertheless welcomes the opportunity to resolve any complaints.
12.2 If the Customer wishes to complain about any aspect of its dealings with the Company, including, but not limited to, these Terms and Conditions, the Hire Agreement, or the Equipment, please contact the Company in one of the following ways:
12.2.1 By phone on 07453309269
12.2.2 By email on popupplayroom@protonmail.com
13. Other Important Terms
13.1 The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) without the Company’s express written permission.
13.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.3 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between the Customer and the Company (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
14.2 Any dispute, controversy, proceedings or claim between the Customer and the Company relating to these Terms and Conditions, the Contract, or the relationship between the Company and the Customer (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England &Wales.