Bearspoke Events - Terms & Conditions
These Terms and Conditions are the standard terms for the hire of Bearspoke Events equipment and/or the services we provide.
1. Definitions
“Us/Our/We” means Bearspoke Events.
“Contract” means the contract for the hire of the Equipment and/or purchase of products by You, from Us as explained in Clause 2;
“You/Your” means you the hirer of the equipment;
“Equipment” means any items, including but not limited to Inflatable Products, Soft Play Items, Catering Foods, Party Favours, Balloons and the like provided by Us and hired by You subject to the following Terms and Conditions;
“Terms and Conditions” means all of the details outlined in this document;
“Price” means the total price that is to be paid for the hire of the Equipment and/or any associated Services we provide;
“Services” means the services provided with certain equipment hire, or any catering, room décor, balloons and the like that we provide;
“Hire Period” means the period of time which You will hire the equipment;
“Order” means Your Order for the equipment;
“Confirmation of Order” means Our acceptance and confirmation of Your Order;
“Booking Fee” means a fixed £30.00 payment from yourself which is required at the time of Your Order to secure Your booking;
2. THE CONTRACT
2.1. These Terms and Conditions govern the hire of Equipment from Us and all additional services provided by Us and will form the basis of the Contract between Us and You. Before completing your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any section of these Terms and Conditions, please contact us and seek clarification.
2.2. A legally binding contract between Us and You will be created upon Our acceptance of your Order, indicated by Our Confirmation of Order, and Your payment of the Booking Fee required. Order confirmation will be provided to you via email within approximately 24 hours of a booking being taken.
2.3. No signature is required in order for this contract to be deemed accepted and binding upon both parties. The contract shall be deemed accepted at the point We issue the Confirmation of Order.
3. YOUR OBLIGATIONS
3.1. When placing your Order with Us, you will be expected to supply information as required by Us. The provisions of such reasonably requested information is essential to enable us to fulfil your order. Failure to supply the information we require may delay Us in accepting your Order.
3.2. When choosing the set up site for your Equipment hire You must ensure that it is suitable and meets the following;
3.2.1. The venue has the correct required access, loading area and car parking necessary to allow for adequate parking, unloading space, operational space, parking again at the end of the events and space to load the equipment back onto our vehicle. Please ensure you inform of potential issues including stairs, lifts, distance from access doors, parking and any other specifics. Any car parking costs will be charged to You along with any parking fines if incurred by Us where You have informed Us it is permissible to park in a specific location.
3.2.2. The venue must have adequate width to allow for equipment to be taken safely through doorways and corridors without risk of damage to both the equipment or property. It is your responsibility to check this.
3.2.3. There are no large inclines/declines or any other objects/debris that will obstruct our access.
3.2.4. You must ensure there is a 13 amp mains plug socket available within a 40 metre range, if on our arrival no power supply is available or the power supply is not adequate to fulfil the requirements then you will still be liable for the full hire price.
3.2.5. We will not be liable for any damage that may occur to any part of the site (this includes but is not limited to, lawns, flower beds, trees, plants, walls, furniture, internal fixings & décor. You must also accept that the placing of Equipment on grass may result in damage or discolouration of the grass underneath the equipment due to the lack of sunlight and water it receives during the hire. There will also be significant peg holes in the ground from securing Equipment, these will disappear within a few days. We accept no responsibility for such damage.
3.2.6. There are no utilities, pipes, cables or any other equipment buried less than 1 (one) metre underground at the site (We will not be liable for any damage done to any of the above if You supply us with incorrect information).
3.2.7. On the day of your booking, You must ensure that the location is free of all obstacles, debris, animals and individuals that may obstruct Our staff from doing their job efficiently.
3.2.8. We CANNOT set up on land that is not owned by the hirer, unless written permission from the land owner is provided to us by the owner themselves via a signed, headed letter. If NO PERMISSION is provided to Us you will be liable to pay the full hire price. It is Your responsibility to gain permission from the land owner. (This DOES NOT apply to venues; however, they must be aware that you are hiring Equipment)
3.2.9. We CANNOT set up on public land being used for private events. (This DOES NOT apply to venues; however, they must be aware that you are having Equipment).
3.2.10. We are the only people authorised to collect the equipment. Under no circumstances should the equipment be handed over to anyone other than our staff, all staff will be wearing Bearspoke Events branded uniform. If you are unsure of any member of staff at any point, please call the business owner on 07860 128 767 immediately for clarification.
3.2.11. Our staff will set up the Equipment considering all safety aspects and following a strict risk assessment and therefore equipment MUST NOT be moved under any circumstances. We take photographs of all set ups on completion for our own record.
3.2.12. We reserve the right to refuse to operate any of the Equipment if We believe the venue is unsuitable or unsafe.
3.3. We will not be held reproable for any obstructions, nuisance or interference.
3.4. During the Hire Period You must ensure that the following rules are followed:
3.4.1. All Equipment must be supervised at all times by a responsible adult, preferably You, the hirer.
3.4.2. The hirer is responsible for the safekeeping of the Equipment. Should any equipment get lost or stolen, or incur any damage in the duration of your hire, you will be charged either damage repairs or the cost of a full replacement item. This includes any items which accompany the equipment i.e. blowers, mats, extension leads etc.
3.4.3. All Inflatable equipment must be used in accordance with the height of the user, the limitations are stated on the front of each inflatable, and must be followed at all times.
3.4.4. No adults are to use the Equipment unless specified otherwise as an Adult Inflatable by Bearspoke Events. It is very important that this is adhered to, for your safety, our insurance purposes and for the safekeeping of the equipment.
3.4.5. Ensure that the entrances and exits of the Equipment are clear.
3.4.6. No food, drinks or chewing gum to be allowed on or near the Equipment, this will avoid choking and mess. (Please note if any of the equipment hired to you is collected in a dirty condition then You will incur a cleaning charge of £30).
3.4.7. No glass, drinking glasses or bottles to be used on or near the Equipment.
3.4.8. Strictly No alcohol or drug use on or near the Equipment.
3.4.9. Please make sure socks are worn at all times and shoes are REMOVED before using any of our Equipment, including mats.
3.4.10. All loose clothing, shoes, jewellery, badges MUST be removed before using the Equipment. We also recommend glasses are removed.
3.4.11. No face paints, party poppers, confetti balloons, streamers or silly string to be used either on or near the Equipment as these may stain the inflatable. Should this happen, you will be liable for payment to clean, repair or replace the Equipment where required.
3.4.12. NO smoking or barbeques close enough to cause any damage to Equipment. (For outdoor hire please allow a minimum of 5 metres from the Equipment).
3.4.13. Please ensure that users do NOT attempt somersaults or backflips and are clothed appropriately for use of the equipment.
3.4.14. If you are hiring a disco castle, please be aware that this item has flashing lights. The hirer is responsible for the health and safety of the user. Users with epilepsy do so at their own risk. The risk of epileptic fits or injury/damage for people with sensitive vision should be assessed before use.
3.4.15. The speaker for the disco castle will be set up for you and you will be told how to operate it. Once set up is complete, ensure that no one touches the speaker as it could result in damages that you will be charged for.
3.4.16. The front step is to assist users in getting on and off the castle. It SHOULD NOT be played on.
3.4.17. DO NOT allow users to play or bounce on the slide as it is DANGEROUS and can cause injury.
3.4.18. NO running up the slide as it is DANGEROUS and can cause injury.
3.4.19. STRICTLY NO climbing, hanging or sitting on walls as it is DANGEROUS and can cause injury. This includes pulling on any beams or bars that may be on the inflatable and any rain covers that may be attached.
3.4.20. Please DO NOT allow users to put any of our Equipment in their mouth or to bite into it, this can damage the equipment and would leave you liable for any repair or replacements. It is your responsibility to ensure the equipment is used for it’s intended purpose only.
3.4.21. Please ensure that users DO NOT throw the soft play balls, this may cause injury.
3.4.22. ALL balls must be placed back in the ball pool after use to enable us to pack away the equipment efficiently. If balls are not in the pool then this will incur a £20 collection charge.
3.4.23. Ensure that no one with a history of back or neck problems is allowed on the Equipment or any child who is feeling unwell.
3.4.24. Under no circumstances should any furniture be allowed onto any soft play mats as this will cause damage that you will be liable to pay for.
3.4.25. Individuals MUST NOT push, fight or behave in a manner likely to cause injury or distress to others whilst using the equipment.
3.4.26. Always ensure that the Equipment is not overcrowded, and limit numbers according to the age and size of users using it. For inflatables this is clearly written on the front of the castle.
3.4.27. Never switch the Equipment off when in use as this is extremely dangerous and injury and suffocation can occur.
3.4.28. The hirer is not permitted to dismantle any Equipment at any time.
3.4.29. Do not allow anyone to be on the Equipment during inflation or deflation as this is dangerous and can damage Equipment.
3.4.30. In the event of heavy rain or extreme winds forecast before your booking, we will contact you to pre-warn you of the chance of cancellation. This is so an alternative indoor venue can be sourced or alternative equipment can be arranged.
3.4.31. In the event of very heavy rain during your booking it is strongly recommended that the Equipment is not used for safety reasons. When safe to re-use, towel dry the equipment before allowing children back on. Refunds will not be given for wet weather as this is out of our control.
3.4.32. For outdoor hires, inflatables should not be used in winds above 24mph, this includes wind gusts. Should the forecast on the day of your hire exceed 24mph at any point, we reserve the right to cancel your booking for safety reasons. While we will endeavour to provide alternative equipment, this may not always be possible.
3.4.33. You are responsible/liable for any loss, damage or injuries occurring from or as a result of misuse or reckless use.
3.4.34. All persons using the Equipment do so at their own risk.
3.5. Safety is important. Although our Equipment is designed for fun, You and anyone else attending the event must take responsibility for using it in a safe and responsible manner. We cannot be held liable for any damage or incidents that may occur during your hire. You agree that You will be responsible for supervision of the Equipment, its care, safety from damage and the behaviour of all persons of all ages using the Equipment.
3.6. You will not use the Equipment for any purpose other than described and shall not sub hire or use the equipment in any unlawful way.
3.7. We reserve the right to decide that the Equipment should be closed down, in this case the full Price will remain payable. Circumstances where we may exercise this right includes but is not limited to: participants acting in an abusive or aggressive manner, participants under the influence of excessive alcohol or drug use, the conditions are considered too dangerous to continue safely operating the equipment i.e. heavy rain or the wind speeds/ wind gusts exceed 24mph.
4. HIRE PERIOD
4.1. The Hire Period shall be chosen in Your Order and confirmed in Our Confirmation of Order email.
4.2. Unless it is expressly stated otherwise, the Hire Period begins and ends at the times and dates shown in Our Confirmation of Order under delivery time/collection time.
5. BOOKING FEES AND FINAL PAYMENT
5.1. When placing Your Order, You will be required to pay a Booking Fee. NO BOOKINGS ARE CONFIRMED UNTIL THE BOOKING FEE HAS BEEN RECEIVED.
5.2. The price for the Equipment will be shown on Our website at the time of Your Order. You will pay the price shown upon booking of the equipment, any price increases or promotions will not come into play for your booking should your booking fee be received before this time.
5.3. Overnight and Multi-Day bookings must be in a secure area, i.e. minimum 6ft fence and lockable gate or security on site. On the delivery of Your Order if the area is not secure then the selected option will not be allowed but full payment of Your Order will still be required
5.4. We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
5.5. Existing bookings are not entitled to enter the special offer prices after their booking has already been confirmed. Cancelling to re-enter a new booking will result in forfeit of the already paid booking fee.
5.6. Changes to a special offer booking may result in the forfeit of the special offer price already offered and the balance owed returning to the full amount.
5.7. The remaining balance should be made no later than the start of the Hire Period in full on delivery or before the Hire Period date. Payment for events including weddings must be paid at least 48 hours before the Hire Period.
6. CANCELLATION POLICY/REFUND POLICY
6.1. Cancellation by Us
Your booking fee is non-refundable. Should we need to cancel due to reasons beyond Our control, you will be issued a full refund of any money or booking fee already paid. Such examples include but are not limited to; vehicle breakdown, equipment breakdown, staff shortage or any other reason we deem necessary. We will NOT issue refunds for unsuitable access, lack of space, wrong surface type or land that is not owned by You, as these are confirmed before booking and are down to You to check and confirm.
6.1.1. Bad Weather
If We have to cancel due to bad weather for outdoor events, none of the below cancellation charges will need to be paid however your Booking Fee is non-refundable, only transferable to a new date within six Months of Your original Hire Period. If You have paid in full, We will refund the balance minus the Booking Fee and will withhold your booking fee for use within 6 months as stated above. Any refund due to You will be made as soon as is reasonably possible and within 28 calendar days of the date on which We agree that You are entitled to a refund.
6.1.2. Force Majeure
If We have to cancel due to Force Majeure (section 11) none of the below cancellation charges will need to be paid however your Booking Fee is non-refundable, we will withhold the booking fee to be transferred to an alternative date within 6 months of your original booking date. If You have paid in full, We will refund the balance minus the Booking Fee as this is only transferrable as stated above. Any refund due to You will be made as soon as is reasonably possible and within 28 calendar days of the date on which We agree that You are entitled to a refund.
6.2. Cancellation by You
Any cancelled orders are subject to the following cancellation charges:
• 14 days or more prior to the event date, you will forfeit your booking fee
• 10 days prior to the event date, 50% of the total booking must be paid
• 7 days prior to the event date, 100% of the total booking must be paid
If You cancel for any reason and have paid in full, We will refund any money due in line with the cancellation charges above. Any refund due to You will be made as soon as is reasonably possible and within 28 calendar days of the date on which We agree that You are entitled to a refund. If You decide to cancel due to bad weather and we deem the weather safe enough to operate then the cancellation charges above will apply.
7. DELIVERY, HIRE AND COLLECTION
7.1. The Hire Period begins at the time and date stated in the Confirmation of Order. The Equipment will be delivered to the site and set up by Our staff as close to that time as is reasonably possible, we will not be held responsible for delays out of our control.
7.2. We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. If You discover any damage (pre-existing) or fault with the Equipment during the Hire Period, please inform Us as soon as is reasonably possible.
7.3. Before delivery, We always use do our best to ensure our equipment is both complete and clean. At the time of se up You will be asked by Our staff to sign the Hire Agreement and Disclaimer Form which includes a section confirming that there is nothing missing and that there is no visible damage to the Equipment. If there are any items missing or if there is any visible damage to Equipment, You should inform Our staff immediately. We will use all reasonable endeavours to replace missing items or damaged Equipment. If We are unable to provide suitable replacements of at least the same quality and value as those ordered, You will be entitled to a partial refund amounted to that item, calculated by Us. Should you fail to notify us of any damage/missing parts upon hiring the equipment, we will deem that such damage or loss has happened during the period of your hire.
7.4. The Hire Period ends at the time and date stated in the Confirmation of Order under delivery time/collection time. Our staff will arrive at the site to pack away and collect the Equipment as close to that time as is reasonably possible. You must ensure that all items that do not belong to Us are removed from the Equipment before the collection time and we are given adequate space to safely pack away the equipment.
8. LOSS AND DAMAGE
8.1. You will be required to indemnify Us and Our staff for any damage, accidents or injuries that may occur while the Equipment is in your care.
8.2. If the Equipment is to be brought through a building to access the setup area, We accept no responsibility for any damage caused by transporting the equipment through the premises during delivery and collection of the equipment.
8.3. We will not be held responsible for any damage caused by pegging holes into ground to anchor equipment, nor will we be responsible for any damage or injuries that may be caused by the holes.
8.4. You will not be responsible for any pre-existing damage to Equipment that has already been identified and pointed out to us at the time of delivery.
8.5. You are responsible for the safekeeping of Equipment. You will be charged for theft or any damage caused and for any missing items on its return. Full replacement charges or repair costs will incur. This includes any items which accompany the equipment i.e. blowers, mats, extension leads etc. This charge must be paid within 7 days of receiving the invoice. You may also be liable for other costs including but not limited to; travel costs and loss of business costs.
8.6. Full details of all charges are available on request.
9. INSURANCE
9.1. We carry public liability insurance of 5 million pounds, and it is subject to the terms and conditions of this contract being complied with. Public liability insurance is excluded in its entirety following any claim or injury to any third party or employee where such injury is directly or indirectly related to the use of drugs and/or alcohol.
10. OUR LIABILITY
10.1. We will only be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence. We will not be responsible for any loss or damage that is not foreseeable.
10.2. In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is the total Price payable by You.
10.3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation.
11. FORCE MAJEURE
11.1. We will not be liable for any failure or delay in Our obligations where the cause is beyond Our reasonable control. Such causes include, but are not limited to: traffic, weather affecting delivery of Equipment to a location by specified time, weather affecting the use of equipment, power failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, acts of war, governmental action, epidemic, pandemic other natural disasters or anything else that is beyond Our control.
11.2. If we have to cancel due to Force Majeure, none of the cancellation charge outlined in section 6.2 will need to be paid, however your Booking Fee is non-refundable. Booking fees are transferable to a date within six months of Your original Hire Period. If You have paid in full, We will refund any money due in line with the cancellation charges outlined, any refund due to You will be made as soon as is reasonably possible and within 28 calendar days of the date on which We agree that You are entitled to a refund.
12. COMMUNICATION AND CONTACT DETAILS
12.1. If you wish to contact Us for any reason, You may contact Us by:
12.1.1. Call or text message on 07860 128 767
12.1.2. Email at info@bearspokeevents.co.uk
13. COMPLAINTS AND FEEDBACK
13.1. We always welcome feedback from Our customers and, whilst We always strive to ensure that Your experience as a customer is a positive one, we would like to hear from You if You have any cause for complaint.
13.2. If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or make us aware of any damage, accidents or injuries that may occur while the Equipment is in your care, please contact Us in the following way:
13.2.1. By email, addressed to Daniel Williamson, Bearspoke Events, info@bearspokeevents.co.uk
14. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
14.1. All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2. We may use Your personal information to:
14.2.1. Provide Our products and services to You;
14.2.2. Process Your payments; and
14.2.3. Inform You of new products and services available from us. You may request that we stop sending you this information at any time.
14.2.4 We will not pass on Your personal information to any other third parties without obtaining your permission first.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms and Conditions and the Contract including any non-contractual matters and obligations arising therefrom or associated therewith shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2. Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions or the Contract including any non-contractual matters and obligations therefrom or associated therewith shall be governed by, and construed in accordance with, the laws of England and Wales.
Bearspoke Events, 2021.