TERMS OF SERVICE
• THE COMPANY is Kushti Cabins.
• THE HIRER is the person hiring the equipment from the Company and whose name appears on the booking form. The Hirer must be at least 18 years of age.
• THE PERIOD OF HIRE means the time commencing with the arrival of the equipment onsite, and terminating when the equipment is removed by the Company.
• A BOOKING is the contract entered into by the hirer and the Company.
• THE EQUIPMENT is the Kushti Cabin(s) and other structures and furnishings provided by the Company for the use of the Hirer.
• The HIRE CHARGE is the total amount due under the invoice including delivery, assembly, installation, disassembly and collection of the equipment.
These terms and conditions apply to all contracts entered into between the Company and the Hirer unless expressly stated otherwise by the Company and upon payment of the deposit and/or rental charge the Hirer is deemed to have accepted them. Any offer of equipment is subject to stock being available on receipt of a deposit and/or rental charge at time of booking.
If a quote for services is provided it is provided on the basis that a booking is not confirmed until a deposit and a signed booking form and signed Terms and Conditions accepting our Quote, are received by way of a Booking from the Hirer.
If a deposit is requested by the Company, this wlll be for 50%, payable on booking. The remainder of the full booking fee will be payable 28 days before the Period of Hire. £100 refundable security deposit per cabin is also payable on booking.
Bookings received less than 28 days in advance of the period of hire will require payment to be paid in full. 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 the Period of Hire. Cancellation of less than 28 days prior to the period of hire will result in 100% of the hire charge being forfeited. If the Hirer cancels in less than 28 days to the period of hire, and the Company is able to re-let the Equipment, then the Hirer shall not pay the full cancellation charge, but an administration charge based on the
costs incurred by the Company in re-letting the Equipment will be charged to the Hirer, which in any event shall not exceed 20% of the Hire Charge. You may wish to obtain insurance to cover this.
The £100 security deposit per cabin covers damage, breakages or extra cleaning that may be required. This will be returned within seven days of the final day of the Period of Hire, minus deductions if applicable, which will be fully itemised.
Where the Hirer is responsible for or in ownership of the site upon which the Equipment is to be erected by the Company and used during the Period of Hire:
(a) The Hire charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport. Since large stakes will be used to secure cabins and other structures to the ground the Hirer must ensure 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.
(b) The Hirer is required to provide the Company with either a plan showing the position in which the cabins are to be erected or should have a representative on the site for that purpose. In the absence of a plan or a representative the Company will erect the tents or equipment where they deem appropriate and shall be deemed to have completed the contract.
(c) 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. Also that any obstructions to the site are removed before the Company arrives, and that the provision and responsibility for access by people with disabilities and emergency services is included in the site plan devised by the Hirer.
(d) 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. 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.
3. DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT
The Company will use its best 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 any deposit paid will be refunded.
In the unfortunate event that we have to cancel your rental due to Force Majeure, including delays due to weather conditions or other circumstances beyond its reasonable control, the Company shall not be liable to pay further compensation to the client.
Please ensure you have suitable insurance to cover this eventuality.
4. LIMITATION OF LIABILITY OF THE COMPANY
In the event that the Company fails to fulfill any terms of the hire contract the Company's liability is limited to refund or cancellation of any Hire Charge 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. The Company's entire liability under and in connection with the hire contract shall not exceed the amount of the Hire Charge. The Company shall not be liable for damage or loss of any of the equipment. Your statutory rights are not affected.
Payments must be made in accordance with the terms stated in the Company’s invoice. Should full settlement not be made in accordance with the terms stated in the invoice then interest will be charged at 4 % per annum above the base rate of the National Westminster Bank Plc.
6. LOSS OR DAMAGE
(a) 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.
(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 Hirer shall leave the Equipment in a clean and tidy state, a reasonable surcharge will be applied for cleaning if it is not and will be deducted from the damage deposit and / or charged directly to the Hirer
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:
(b) Insurance excess – The insurance cover excludes the first £250 of any claim, or
£1000 in the case of subsidence, 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’s 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. 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 Equipment 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 structures, cabins or other.
(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 Equipment are entirely at the Hirers own risk.
(g) No animals are allowed inside the Company’s Equipment, cabins or other structures, without the previous consent in writing of the Company.
(h) Smoking, the use of cooking equipment, or the lighting of any naked flames in the Company’s Equipment, cabins or other hired structures is STRICTLY FORBIDDEN.
(i) 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 during the period of hire. Your statutory rights are not affected.
(j) Barbecue equipment or open fires where permitted outside are to be placed a minimum of 20 feet from the Company’s Equipment and not left unattended whilst in use.
(k) 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 customer advised accordingly.
(l) 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.
(m) The hirer will be responsible for any costs incurred by the Company due to changes being requested once the erecting of Equipment, cabins and other structures has begun.
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.
11. 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 howsoever caused unless it be proved that such injury or damage was caused by negligence of the Company.
12. 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.
The Hire charges do not include attendance during the Period of Hire by the Company’s workforce, employed or sub-contracted, except during the actual processes of erecting and dismantling the cabins.
14. FORCE MAJEURE
The Company will not be liable for any: Act of God including but not limited to tempest, fire, flood, storm or natural disaster; 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.
While every effort will be made by the Company to carry out any booking accepted, however, the full performance of it is subject to variation or cancellation by the Company consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.
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.
Should the Hirer wish to terminate the contract then the Hirer will pay to the Company: 100% of the Hire price for notice of less than 28 days prior to the Period of Hire, and 50% of the Hire price for notice more than 28 days prior to the Period of Hire. See also section 1. CONDITIONS
The Company reserves the right to amend their website and terms and conditions at any time, without prior notice, the Hirers obligations not being limited to the above.
The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.
If any clause is deemed invalid it will not affect the rest of the terms and conditions.
17. ENTIRE AGREEMENT
This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.
Nothing in this agreement shall exclude or in any way limit:
(a) either party's liability for death or personal injury caused by its own negligence;
(b) either party's liability for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded by law.
This agreement sets forth the full extent of the Company’s obligations and liabilities in respect of the Equipment and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Company except as specifically stated in this agreement. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded
A booking may only be deemed valid once the Hirer is in receipt of an order confirmation, pursuant to payment by the Hirer of the hire charge, as stated in the invoice from the Company. The Company will provide an order confirmation subject to availability and on receipt of a fully completed booking either with or without a deposit from the Hirer. Should the Company not have availability then any deposit paid will be returned to the Hirer.