These terms and conditions form an integral part of your hire contract with Market Days CIC hereinafter referred to as the “Company”.
The “Hirer” is the person whose name & address appears at the top of the hire contract of which these terms and conditions form a part. The hirer must be at least 18 years old. The Hirer accepts full legal liability for all the equipment listed on the hire contract(s) irrespective of whether the equipment is for the Hirer’s personal use, or that of another member of his/her party, booking under the same contract booking number. “Equipment” includes Marquees, Gazebos & any other item(s) hired by the Hirer from the Company. The hire period is the date from which the equipment is collected/received by the hirer from the Company or its agents, until the date that the hirer is due to return the equipment. Both these dates are clearly stated on the hire contract.
Conditions of Hire
1. When the hirer receives email confirmation of booking it is the hirers responsibility to check the details especially the dates of hire, delivery address and details, of the equipment you have hired. The company will allow the hirer to change the details once free of charge after you have completed your booking, subject to the equipment still being available.
2. The Hirer accepts full personal liability for the equipment from the time they receive it from a member of the Company’s staff or agents, until it is returned to the Company at the end of the hire period
3. The hirer shall not remove any labels from and interfere with the equipment, their working mechanisms or any part of them and shall take reasonable care of the equipment whilst on hire.
4. The hirer will take adequate and proper measurers to protect the equipment from theft, damage and or risks such as adverse weather
5. The Company reserves the right to charge the hirer the full replacement cost of such equipment if it becomes damaged, lost or stolen during the period of hire, or until it has been returned to the Company. In the first instance if possible, we will only charge for the replacement parts and labour to repair the damage otherwise the replacement costs are as follows:
3 x 3m Gazebo – £250
Weights – £15 per weight bag
Pitching of the Marquee/Gazebo.
6. If a charge has been made by the company for Pitching / dismantling the Marquee/Gazebo, the fee includes the labour to erect said item(s). It is the responsibility of the hirer to:
6.1 Make sure the site is clear of services to a depth of 1 Metre of Gas, Electricity, Water and drainage pipes any damage caused if present will be the responsibility of the Hirer.
6.2 There is at least 1 Metre of spare area around the circumference of the Marquee. The Company will still endeavour to pitch the Marquee where there is insufficient spare area, the Company cannot be held responsible for any damage or making good to garden beds, plants or other such property.
6.3. The distance between the Companies delivery vehicle being able to park and the installation site is no more than 30 metres and is a level, clear path, otherwise additional charges may apply.
6.4. The site will be clear of all obstacles and debris on the day of installation.
6.5. The site will be clear of people and animals during installation.
6.6. No BBQ’s or gas patio heaters will be used inside the equipment
6.7. That any build-up of pooled rain or snow is removed from the canopy by the hirer.
6.8. All possible steps are taken to avoid injury or damage to the equipment including climbing or hanging from the framework of the marquee.
6.9. No smoking is allowed inside the Gazebo or Marquee
6.10. Once the Marquee/gazebo has been pitched and the company has left the site. It is the responsibility of the Hirer to check that the equipment remains secure, especially in high winds over 25MPH and that all straps/guy ropes are checked on a regular basis.
6.11. In extreme cases of severe wind/storms it might even be necessary to lower the Marquee/Gazebo down by removing or lowering its legs.
6.12. In the event of severe adverse weather, it may not be even possible to pitch/strike your Marquee/Gazebo. In this situation the Company will liaise with the hirer and delay the pitch to a more suitable time. If the delay continues into the following day and additional staff costs are required, then this will be borne by the Hirer. It is good practice for both the Hirer and Company to assess the weather conditions prior to the pitch/strike and discuss alternative plans.
6.13. The Hirer should keep any part of the equipment that is a framed structure completely closed and secure while not in use during the period of hire.
6.14. The Hire charges do not include any making good or repairing of damage to the site.
6.15. The Hirer is required to provide the contractor 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 both then the company having erected the equipment where they think fit shall be deemed to have completed the contract.
6.16. The Hirer should never presume that any of Company’s equipment will be attached or joined to any buildings within the site unless previously agreed with the company.
Licenses, permits and permissions
7. 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 organisation.
Decorations and signage
8. The company will allow the hirer to decorate the equipment with any decorations it deems fit for their function on the understanding that they are completely removed including all tape and or other materials before the company takes down the equipment. If this is not done prior to the company arriving on site to dismantle the equipment, then possible charges may be applied. The hirer is also fully responsible for any damage or staining of the equipment that may be caused by said items of decorations.
9. The company will allow the hirer to change the details once free of charge after you have completed your booking, subject to the equipment still being available. The company will not accept any changes 7 days prior to the start of the contract
10. Payments. Full payment is required at booking. This is NON-REFUNDABLE in the event of cancellation by the hirer
Cancellations and changes
11. The Hirer may cancel the contract up to seven working days after the booking was made and will receive a full refund of monies paid. Where the equipment has already been dispatched by carrier or to the location the hirer is due to pick up, then the Hirer will be liable for the costs of the dispatch and return of the goods. In such circumstances, the equipment must be returned unused to the Company, and within seven days of its receipt, or normal hire charges will apply. The following cancellation charges will apply:
11.1 No refunds will be made for cancellations made within seven days from the commencement of the hire period.
11.2 Full refund will be given if cancellation is made at least eight days before the hire period.
11.3 If extreme weather is forecast or experienced during the hire & set up period, we have the right to decline the erection and use of the structure. This is for the safety of all concerned. Hirers will be liable for the full hire fee in the event of late cancellation due to weather. As the hirer you must be aware of this possibility especially during the winter months.
11.4. Changes to the hire equipment. It is possible that the equipment which you have pre-booked may have been lost or damaged by the previous hirer.
In either event, the Company will endeavour to provide the Hirer with equipment of at least the same quality & value as that ordered by the Hirer. Should the Hirer not wish to take the alternative equipment offered, he/she will be entitled to a full refund in respect of the missing equipment. However, the Company accepts no further liability.
11.5. Returning Equipment Late. If the equipment is returned after the return hire date printed on the contract, the Company reserves the right to charge the Hirer at the daily rate of hire for each day the equipment is late up to the replacement cost of the equipment, as specified in paragraph “4” above, together with any legal fees or associated recovery costs.
12. Cleaning of the Gazebo & Marquees. Whilst we accept it may not be possible to fully clean the gazebo/marquee before returning it because of the weather conditions. The company reserves the right to charge a cleaning fee of £20 per gazebo and £50 for the marquee if the equipment is returned in a dirty state and must be fully cleaned
Right to refuse hire
13. The Company reserves the right to refuse to hire equipment to any client with whom it does not wish to enter a contractual relationship. The Company reserves the right to cancel a contract at any time & without notice, whereupon it will refund to the hirer any monies paid. Following such a refund, no further liability will exist between the Hirer & the Company.
14. Save as provided in these conditions & to the extent that the exclusion or restriction of liability may be prohibited by statute, the Company will not be liable for any loss, damage or injury caused, directly or indirectly by the equipment or its use. Market Traders and stall holders are expected to maintain their own public liability insurance for participating in a commercially organised market, event or car boot. Your statutory rights are not affected.
15. FORCE MAJEURE. While every effort will be made by the Company to carry out any order accepted 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.