These Terms and Conditions are the standard terms for the hire of Equipment and, where applicable, associated Services, from AG Events Ltd., a company registered in England under company number 12724470 of Grey Mare Hill Farm, Durham, DH89SJ.
Preliminary Note:
In order to assist understanding of these terms and conditions, we have provided “In English” summaries of important terms. They appear in bold at the end of each section. To make them easier to identify, the paragraphs commence with the words “In English:” Whilst these paragraphs are designed to aid readers understanding, such summaries do not constitute legally binding obligations on the part of either party. They are designed solely to improve reader experience and aid understanding of the underlying contract. The contract between the parties consists of the non-italicised parts of this document.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means Your booking for the Equipment and, where applicable, associated Services.
“Booking Confirmation” means Our acceptance and confirmation of Your Booking as described in Clause 2.
“Business Day” means, any day other than a Saturday, Sunday or bank holiday.
“Calendar Day” means any day of the year.
“Contract” means the contract for the hire of the Equipment (and where applicable Services) by You from Us, as explained in Clause 2.
“Deposit” means the sum payable at the time of Your Booking that is required to secure your Booking (some of which may be a Non-Refundable Deposit), in the event. We do not require full payment of the price at the time of making your Booking.
“Equipment” means any equipment, as specifically detailed in the Booking Confirmation, supplied by Us and hired by You subject to these Terms and Conditions.
“Hire Period” means the period for which You will hire the Equipment.
“Month” means a calendar month.
''Non- Refundable Deposit'' means part of the Depositwhich is non-refundable, as notified to You before entering into the Contract.
“Price” means the total price payable for the hire of the Equipment (and where applicable, associated Services).
“Security Deposit” means the sum payable under sub-Clause 5.3 to cover the non-return, loss, theft or damage of the Equipment.
“Services” means the services provided with some Equipment (for instance the set up or supervision of Equipment).
“We/Us/Our” means AG Events, a company registered in England under company number 12724470 of Grey Mare Hill Farm, Durham, DH89SJ and includes all employees and agents of AG Events Ltd.
"Website" means www.agevents.co.uk and any other websites owned and maintained by Us that may be notified to You from time to time.
“You/Your” means you, the hirer of the Equipment and/or the purchaser of our Services.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference to the singular number shall include the plural and vice versa where appropriate.
In English: We use these terms throughout this contract. They are the important things we have to refer back to a lot. Rather than having to write something akin to “War and Peace” every time, this keeps things a bit shorter. There’s also some ground rules on the use of language set out here, again generally to keep things shorter.
2. The Contract
2.1 These Terms and Conditions govern the hire of Equipment from Us and, where applicable, the engagement of our Services and will form the basis of the Contract between Us and You. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to the Website, any sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Booking, indicated by Our Booking Confirmation. Upon receipt of Our Booking Confirmation, Your payment of the Price, or where applicable, Your payment of the Deposit will become due. Booking Confirmations will be provided in writing upon acceptance of Your Booking and generally sent to you by email, unless we agree to send Booking Confirmations to you by different means.
2.4 No signature is required in order for this contract to be deemed accepted and binding upon both of the parties. The contract shall be deemed accepted at the point We issue the Booking Confirmation.
In English: This document sets out the basis of our contract. Nothing we’ve said to each other before (or afterwards), nothing on our website, marketing or anything else forms part of the contract. It keeps things simple and avoids confusion. A legally binding contract is formed when we accept your order by sending you a booking confirmation. You don’t need to sign the confirmation for it to be binding.
3. Your Obligations
3.1 When making Your Booking, You will be required to supply information as required by our staff. The provision of such reasonably requested information is essential in Booking for Us to complete Your Booking and a failure by You to supply Us with the necessary information may delay or impede us in accepting Your Booking.
3.2 The following conditions apply to Your hire and use of the Equipment.
3.2.1 The venue must have the required access, loading area and car parking necessary to allow the Equipment to be unloaded, set-up, operated, vehicles parked and Equipment loaded at the end of the event safely. We would advise that You check with Your venue if you are unsure and inform Us of any potential issues including stairs, lifts, distance, specific timings etc. Car parking costs will be chargeable to You in any event. Parking fines will be chargeable to You if incurred by Us where You have informed Us it is permissible to park in a specific location.
3.2.2 The area where the Equipment is to be set up is clean and clear from anything that may cause injury or damage to the Equipment or participators.
3.2.3 We reserve the right to refuse to perform or operate the equipment if We believe the venue is unsuitable or unsafe.
3.2.4 We will not be held responsible for any obstruction, nuisance or interference.
3.2.5 We will require notification if your event is within the congestion zone.
3.2.6 Safety is of paramount importance. The Equipment is designed for having ‘fun’ but You and Your participants must take responsibility for using it in a safe manner, as We cannot be held liable in the event of damages or incidents. You agree that You will, during the period of the hiring, be responsible for the supervision of the Equipment (unless it is expressly agreed that We will staff the Equipment as part of the Services), its care, safety from damage however slight or change of any sort, and the behaviour of all persons of all ages using the Equipment whatever their capacity. You should ensure that you hold the necessary insurance to cover yourself or staff in this instance.
3.2.7 We expressly exclude any liability for injury loss or damage caused to You or any person using the Equipment contrary to the terms and conditions of this Contract.
3.2.8 You will not use the Equipment for any purpose other than that described in the hiring agreement, and shall not sub-hire (without Our express prior written consent, not to be unreasonably withheld) or use the Equipment or allow the Equipment to be used for any unlawful purpose or in any unlawful way.
3.2.9 We may, in exceptional circumstances and at Our sole discretion decide that the performance / Equipment should be closed down and if this is the case, the full Price will remain payable. Circumstances in which We may exercise this right include (but are not limited to): participants acting in an abusive or aggressive manner to Our operatives or each other; participants are under the influence of excessive alcohol or drugs; the conditions are proving to be too dangerous to continue to safely operate the Equipment.
3.2.10 Where applicable, You must ensure that a 13amp mains power supply is available unless a generator has been specified on Your contract as required and being provided. If a 13amp power supply is to be used You must ensure that it is within 30 meters from the main power source. Should it transpire that no power supply is available, or the power supply not be adequate to fulfill this contract, then the full Price shall still be payable by You.
3.2.11 You must ensure that any users of the Equipment use common sense at all times. This includes not wearing shoes, spectacles, carry sharp objects, key rings, metal studded clothing or any other similar items liable to cause damage to Equipment or other users.
3.3 The following conditions, as specifically required by Our insurers, will also apply to Your hire and use of the Equipment.
3.3.1 Equipment must be operated in accordance with manufacturers’ recommendations.
3.3.2 Equipment must be set up (and where applicable fully secured to the ground) as per the manufacturers’ recommendations.
3.3.3 All Equipment which is inflatable and mechanical must be erected by Us or our suitably experienced employees.
3.3.4 No person(s) who are visibly intoxicated through alcohol, drugs or any other intoxicating substance shall be permitted to use any Equipment.
3.3.5 When Equipment is operated by You, it must be supervised at all times by a responsible person who is at least 18 years of age.
3.3.6 No food, drink, chewing gum or smoking is permitted in/on any Equipment.
In English: This clause sets out your obligations when hiring equipment from us and/or engaging our services (other than having lots of fun of course!). First up, our staff may have questions to make sure your event is perfect for you. You agree to give them all the info they need. The clause also covers the ground rules to ensure that any equipment can be set up and operated (e.g. access, a suitably sized area being available with a power supply if required). It also covers the ground rules for the safe use of the Equipment. We want everyone who takes part to have lots of fun but to stay safe.
4. Hire Period
4.1 The Hire Period shall be chosen in Your Booking and confirmed in Our Booking Confirmation.
4.2 You may be able to extend the Hire Period (subject to the Equipment not being required for another customer) by contacting Us via telephone, however, this will not be possible where the Equipment has been booked by a third party. The cost of any Extended Hire Periods shall be confirmed by Us as at the point of Our confirmation that the Equipment is available for the extended Hire Period You have requested.
In English: The booking confirmation we send you will set out the precise hire period – check this when you get it to be sure it’s right! Occasionally, you may wish to extend the hire period of equipment (because it’s so much fun) – we’ll try to accommodate this wherever possible, but we may not always be able to do this if someone else has booked the equipment straight after you. Give us a call and we’ll confirm if you can extend the hire period. If we can help you we’ll confirm this in writing with a new booking confirmation, which will also set out the additional charges.
5. Fees and Payment
5.1 When placing Your Booking, You will be required to pay either a deposit or the full price for the hire in full. Deposits are non-refundable. For corporate events we may issue one invoice which is payable with a 30 day payment term, all invoices are subject to these Terms & Conditions.
5.2 The Price for the Equipment and Services (where applicable) will be that advised to you by Us at the time of placing Your Booking.
5.3 You will be liable for any additional charges, fees and the balance of the value of the Equipment, or the cost of its repair if any equipment is damaged by You or Your guests.
5.4 In certain circumstances a Non-Refundable Deposit may be required. If a Non-Refundable Deposit is required, we will notify you before the Contract is entered into. A Non- Refundable Deposit would cover costs and / or expenses incurred on Your behalf that we may not be able to recoup elsewhere, including discussions with logistics to check equipment suitability, allocating the Equip[ment so that it cannot be hired out to others, and working time incurred in connection with the Contract.
5.5 In the event any sum falls overdue, We reserve the right to charge you interest and seek compensation on the same in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% over the Bank of England Base Rate together (calculated daily) together with statutory compensation, currently £40.00 for debts up to £999.99; £70.00 for debts between £1,000.00 and £9,999.99 and £100.00 for debts of £10,000.00 or more.
In English: When you make a booking with us, we require either payment in full or a non-refundable deposit. This is our policy to ensure we can supply the best equipment and service to you. If it gets damaged or lost then you are liable for the repair/replacement costs. If you don’t pay us on time, then interest and compensation may be recovered by you in the rates and amounts set by law.
6. Cancellations
6.1 You may cancel Your Booking at any time before the start of the Hire Period subject to the following:
6.1.1 For Bookings cancelled less than 60 days before the start of the Hire Period, there will be a cancellation charge of 100% of the Price and all sums will be retained by Us.
6.1.2 For Bookings cancelled more than 60 days before the start of the Hire Period, there will be a cancellation charge of 50% of the Price.
6.1.3 In situations where you have only paid a part payment and You cancel a Booking in circumstances detailed above that cause a sum greater than the amount of the Deposit to be payable to Us, the balance of such sums shall be paid to Us by You within 7 days of You cancelling the Booking.
6.1.4 In situations where you have not paid a Deposit and You cancel a Booking in circumstances detailed above, any sums due shall be paid to Us by You within 7 days of You cancelling the Booking.
6.1.5 In cases where sub-contractors are being used in respect of Your event, their own cancellation charges may apply in addition to the above terms.
6.1.6 In cases where a Non-Refundable Deposit has been requested, such deposit will be retained by us in the event of cancellation.
6.3 In the unfortunate circumstances that you feel the need to cancel Your hire, in the first instance we will work with you to provide our services on an alternative date, thus postponing your event. In this case, You will need to discuss this option with Us as we review available options (dates, equipment availability, staffing measures).
6.4. Package bookings cannot have items removed within 60 days of your event.
In English: When you make a booking with us, we allocate both equipment and resources. Sometimes, we’ll get enquiries about events that we can’t fulfil because someone else has already made a booking for that equipment at the same time. We therefore sometimes have to turn people down. We’re telling you all of this to explain our cancellation policy. If you cancel an event even with over a months notice, we’ve still incurred costs and charges in setting up the event, getting things ready and allocating resources. Our admin staff work really hard and there’s lots of things involved in setting up an event and making sure everything is in the right place, at the right time, with the right staff to manage it. We may also have turned other business down because of your booking. The closer you get to your event before booking, the larger the cancellation charge we have to levy, as we do more preparatory work in the weeks immediately before an event and, more significantly, the chances of reselling the event at such short notice are much lower. We try to be fair about this and trust you understand why this policy is necessary.
COVID UPDATE TO CANCELATIONS (29.05.20).
We are working with customers to rearrange bookings where possible. In the event of cancelation due to government rules allowing less than 30 guests we will refund any monies paid above the deposit amount. The deposit remains non refundable however can be transferred to any date in the future for any event with no time expiry. In the case of a positive covid test, normal cancelation terms apply but your booking can be transferred to a new date dependant on our availability. We thank all of our customers for working with us at the terrible time for everyone.
7. Collection / Delivery and Return
7.1 The Hire Period begins on the date and time stated in the Booking Confirmation. This is the time from which the Equipment will either be ready for collection from Us or the time by which the Equipment will be delivered to You as agreed at the time of making Your Booking and confirmed in the Booking Confirmation.
7.2 You should check the Equipment at the time of collection or delivery. If there are any items missing or if there is any visible damage to the Equipment, You should inform Us immediately, before leaving our premises or, in the case of delivery, our operatives leaving the site. We will use all reasonable endeavours to replace missing items or damaged Equipment however, the equipment is your responsibility from the point of collection or delivery until it is returned either by or You or Us.
7.3 The Hire Period ends at the time and date stated in the Booking Confirmation. Any Equipment returned late will incur an excess charge. This will be calculated pro-rata per item and per day. In the case of Equipment You are returning to Us, such Equipment may be returned early provided we are open, however We are unable to issue any refunds of any kind for early returns.
In English: This covers the length of the hire period (it's set out on your Booking confirmation) and each of our responsibilities. Most of the time we will be delivering but sometimes for smaller items you will collect. We ask you to check the equipment when you either collect it or when we deliver it. If things aren’t right we want to fix them for you and we also want to be sure we both understand the condition of equipment at the point you first take possession of it. This helps in the case of damage in establishing who caused it. The booking confirmation covers when the equipment must be returned by – if we’re collecting then that’s fine, but if you are returning it, then make sure you return things on time, and when we’re open, to avoid us having to make any additional charges. We can’t offer any refunds for early return.
8. Insurance
We carry public liability insurance for 10 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.
In English: We carry public liability insurance of £10,000,000.00 for your protection. In order for it to remain valid you must abide by the rules set out in this contract (particularly in clause 3). You’ll appreciate that the insurance won’t cover injuries relating to drug use or alcohol.
9. Loss and Damage
9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Equipment, save for loss or damage that occurs solely as a consequence of fair wear and tear, as reasonably determined by Us. You must take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks. You must notify the Us immediately after any breakdown, loss and/or damage to the Hire Goods;
9.2 You will be required to pay any excess sum which falls under Clause 9.
9.3 You will not be responsible for any pre-existing damage to Equipment that has already been identified under sub-Clause 7.2 at the time of collection / delivery.
In English: If you damage the equipment or it is stolen when in Your possession then you're responsible for paying for any repairs or its replacement. This doesn’t include damage caused by fair wear and tear or any pre-existing damage. We want to be sure the equipment is in good condition for everyone else.
10. Our Liability
10.1 We will 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 or if it is contemplated by You and Us when the Contract is formed. 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 (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your rights as a consumer (if applicable).
11. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: traffic and / or inclement weather affecting delivery of Equipment to a location by a specified time, inclement weather rendering the use of Equipment impossible, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond Our control. Time shall not be of the essence in this contract.
In English: Force Majeure is a legal term that roughly translates as “superior force”. These are where matters out of either of our control cause either us to fail to provide you with something or make us late. They include what some people call “Acts of God” e.g. floods, fire, or severe weather etc. Force Majeure also include more modern problems such as power cuts, the internet “going down”, “traffic jams” and other such issues. Basically we’re both agreeing that if something like this happens and causes us to fail to provide you with something or to be late, we won’t be liable for this.
12. Communication and Contact Details
If You wish to contact Us for any reason, You may contact Us in person at our office, by telephone on 0800 2987895 during office hours on a Business Day or on 07581187434 out of office hours or on a non Business Day (but only in the case of emergency relating to an event taking place prior to Us next re-opening for business) or by email at info@agevents.co.uk (only monitored during office hours on Business Days).
In English: This sets out all of our contact details. The emergency mobile number is for out of hours queries relating to an event taking place at that time.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
13.2 We may use Your personal information to:
13.2.1 Provide Our products and services to You;
13.2.2 Process Your payments; and
13.2.3 Inform You of new or alterative products and services available from Us. You may request that We stop sending You this information at any time.
13.2.4 Include Your event in our online and offline marketing. Please request that We do not do this if required by Yourselves.
13.3 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
In English: This governs how we will use any information we collect from you. First and foremost we will comply with the Data Protections Laws. We take this responsibility very seriously. We will use your information to help provide you with tip top products and services, process any payments, and to occasionally inform you of new or alternative products or services. You can opt out of this at any time. Finally, we won’t pass your details on to anyone else without obtaining your permission first.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 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.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
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 arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.
In English: Here’ we’re agreeing that this document is made under English and Welsh Law and we agree that the English and Welsh Courts will have jurisdiction (i.e. the power and the right) to decide any issues under this Agreement.