TERMS AND CONDITIONS OF HIRE.


BACKGROUND:

These Terms and Conditions are the standard terms which apply:

1. to the hire of tents/gazebos/marquees by Nexito Ltd, trading as Pitched Perfect Events, a Private Limited Company registered in England under number 9280240,whose registered address is 29 Andrew Road, St. Neots, Cambs, PE19 2QE and whose main trading address is 7 Binder Close, Higham Ferrers, Northamptonshire, NN10 8PH.

1. where You are hiring a Tent/Gazebo/Marquee as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

1. Definitions and Interpretation
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Accidental Damage Waiver”
means a fee paid by You which covers any accidental damage to Tents/Gazebos/Marquees that would otherwise incur charges, as explained in Clause 9;

“Business”
means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Business Day”
means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”
means any day of the year;

“Consumer”
means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires a tent/gazebo/marquee for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Contract”
means the contract for the hire of the Tents/Gazebos/Marquees by You from Us, as explained in Clause 3;

“Deposit”
means the sum payable at the time of Your Order that is required to secure your Order;

“Hire Period”
means the period for which You will hire the Tents/Gazebos/Marquees;

“Month”
means a calendar month;

“Price”
means the total price payable for the hire of the Tents/Gazebos/Marquees;

“Order”
means Your order for the Tents/Gazebos/Marquees;

“Order Confirmation”
means Our acceptance and confirmation of Your Order as described in Clause 3;

“Security Deposit”
means the sum payable under sub-Clause 6.5 to cover the excessive wear and tear, excess cleaning requirements and non-accidental damage of the Tents/Gazebos/Marquees;

“Tent/Gazebo/Marquee”
means a tent/gazebo/marquee supplied by Us and hired by You subject to these Terms and Conditions;

“We/Us/Our”
means Nexito Ltd, trading as Pitched Perfect Events, a Private Limited Company registered in England under number 9280240, whose registered address is 29 Andrew Road, St. Neots, Cambs, PE19 2QE and whose main trading address is 7 Binder Close, Higham Ferrers, Northamptonshire, England; and

“You”
means you the hirer of the Tents/Gazebos/Marquees.

1. 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.
2. Each reference the singular number shall include the plural and vice versa where appropriate.

1. Information About Us
   1. Nexito Ltd, trading as Pitched Perfect Events, is a Private Limited Company registered in England under number 9280240, whose registered address is 29 Andrew Road, St. Neots, Cambs, PE19 2QE and whose main trading address is 7 Binder Close, Higham Ferrers, Northamptonshire, England.

1. The Contract
   1. These Terms and Conditions govern the hire of Tents/Gazebos/Marquees from 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 part of these Terms and Conditions, please ask Us for clarification.
   2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
   3. A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing via email correspondence.

1. Your Obligations
   1. When completing Your Order, You will be required to specify the location that the Tent/Gazebo/Marquee will be set upon. For Tents/Gazebos/Marquees larger than 7 metres, We will also require You to provide a plan of the site.
   2. When choosing the site that the Tent/Gazebo/Marquee will be set upon You must ensure that the site is suitable and meets the following criteria:
      1. The site can be accessed by commercial vehicles for delivery and collection;
      2. The site is on level and firm ground that is not from any undue risk of subsidence, flooding or other environmental hazards;
      3. There is an area of free space of at least 2 metres around the site that will be occupied by the Tent/Gazebo/Marquee to allow for Our installers to work. We will not be liable for any damage done to any part of the site (including, but not limited to, lawns, flower beds and plants) that results from Your failure to comply with this requirement. You must also accept that the placing of the Tent/Gazebo/Marquee on a grassed area may result in damage or discolouration of the grass beneath the Tent/Gazebo/Marquee owing to the lack of sunlight and water. We accept no responsibility for such damage.
      4. There are no utilities, pipes, cables, conduits or any other equipment buried less than 30cm underground at the site (We will not be liable for any damage done to any of the above if You supply incorrect information);
      5. On the day of installation, You must ensure that the location is free of all obstacles, debris, people and animals that may obstruct Our installers;

1. For some Tents/Gazebos/Marquees You may need to obtain certain permits or authorisations (from the local authority, for example). It is Your responsibility to establish what (if any) such permits or authorisations are required and to obtain them. We will not bear any liability for Your failure to obtain the necessary permits or authorisations.
2. During the Hire Period You must ensure that the following rules are followed:
   1. No heating or cooking equipment is to be used inside the Tent/Gazebo/Marquee without Our express written approval unless it is supplied by Us;
   2. Smoking is not permitted in the Tent/Gazebo/Marquee;

1. Hire Period
   1. The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
   2. Unless it is expressly stated otherwise, the Hire Period begins and ends at the times and dates shown in Our Order Confirmation.
   3. Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 7 days.
   4. You may extend the Hire Period by contacting Us via email at: [email protected]. Extended Hire Periods shall be charged at £30 per day per tent .

1. Fees and Payment
   1. When placing Your Order, the Event Organiser will be required to pay a Non Refundable Minimum Booking Deposit of £250 to set up an account for your Event with Us.
   2. Our standard hire order is a minimum order value of £1000 with us for any single event, depending on your location. The booking will not become a confirmed booking in our diary until the minimum order value has been received by Us.
   3. The Price for the Tent/Gazebo/Marquee will be that shown in Our Invoice or on your dedicated booking link which will be sent to you at the time of Your Order.
   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. The balance of the Price (i.e. the full payment) should be made no later than 30 days before the start of the Hire Period.
   6. A refundable Security Deposit of £50 per tent booked should be paid by credit or debit card no later than 30 days before the start of the hire date. We will not release any Tent/Gazebo/Marquee to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Tent/Gazebo/Marquee or any part thereof is not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.

1. Changes and Cancellation
   1. You may change Your Order at any point up until 30 days before the start of the Hire Period. All changes must be requested by email to [email protected] and will be confirmed by Us in writing. We will use reasonable endeavours to accommodate Your request, but all changes will be subject to the availability of equipment. The Price due will change to reflect the changes to Your Order and outstanding sums due will be altered accordingly. Changes to Orders will also incur an administration fee of £30.
   2. You may cancel Your Order at any time before the start of the Hire Period subject to the following:
      1. For Orders cancelled more than 150 days before the start of the Hire Period, we will retain 50 per cent of the order value and any other sums paid will be refunded in full.
      2. For Orders cancelled less than 150 days but more than 90 days before the start of the Hire Period, We will retain 70 per cent of your order value but will refund any other sums paid.
      3. For Orders cancelled less than 90 days but more than 30 days before the start of the Hire Period, we will retain 80 per cent of your order value.
      4. For Orders cancelled less than 30 days before the start of the Hire Period, We will retain Your Booking Order monies paid in full and the balance of the full order will also be payable (if it has not already been paid).
      5. For Orders placed by You through a Third Party Event Marketing Platform, (eg.Poptopuk or Add to Event) We may require a non-refundable deposit. This will be clearly shown on your quotation and also before you make the required Booking Deposit payment.
      6. Delivery, Hire and Collection
         1. The Hire Period begins at the time and date stated in the Order Confirmation. The Tent/Gazebo/Marquee will be delivered to the site and set up by Our installers as close to that time as is reasonably possible.
         2. Before delivery, We always use all reasonable endeavours to ensure that Tents/Gazebos/Marquees are undamaged and that all other items to be supplied are complete. You should, however, check the Tent/Gazebo/Marquee Yourself at the time of delivery and set up and will be asked by Our installers to sign a receipt confirming that there is nothing missing and that there is no visible damage to the Tent/Gazebo/Marquee. If there are any items missing or if there is any visible damage to the Tent/Gazebo/Marquee, You should inform Our installers immediately. We will use all reasonable endeavours to replace missing items or damaged Tent/Gazebo/Marquee. 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 full refund.
         3. 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. We are also required to set up goods correctly and, for the purposes of this Clause 8, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the Tent/Gazebo/Marquee during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Tent/Gazebo/Marquee. If We are unable to replace or repair the Tent/Gazebo/Marquee, or if You would prefer to reject the damaged or faulty Tent/Gazebo/Marquee, whether before or after a repair or replacement (if the replaced or repaired Tent/Gazebo/Marquee is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Alternatively, provided the Tent/Gazebo/Marquee is safe to use in its damaged and/or faulty state, a price reduction may be arranged. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method
         4. The Hire Period ends at the time and date stated in the Order Confirmation. Our installers will arrive at the site to dismantle and collect the Tent/Gazebo/Marquee 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 Tent/Gazebo/Marquee before the collection time. Any delays to the dismantling and collection of the Tent/Gazebo/Marquee will be charged at £30 per tent.
2. Accidental Damage Waiver
   1. An Accidental Damage Waiver can be added to Your Order at Your request
   2. The Accidental Damage Waiver covers the following:
      1. Any accidental damage to Tents/Gazebos/Marquees while they are in Your possession.
3. The Accidental Damage Waiver does not cover the following:
   1. Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use.
4. If You do not take out the Accidental Damage Waiver, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 9.2 in addition to that shown in sub-Clause 9.3.

1. Loss and Damage
   1. You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Tents/Gazebos/Marquees that falls outside of the terms of the Accidental Damage Waiver described in Clause 9.
   2. Any charges due under this Clause 10 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Tent/Gazebo/Marquee is higher than the sum of the Security Deposit, You will be required to pay any excess sum.
   3. You will not be responsible for any pre-existing damage to Tents/Gazebos/Marquees that has already been identified under sub-Clause 8.2 at the time of delivery, or for any damage or faults that are discovered under sub-Clause 8.3 during the Hire Period.
   4. Full details of all charges are available on request.

1. Our Liability
   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.
   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.
   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.
   4. Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us or contact your local Citizens Advice Bureau or Trading Standards Office.

1. Events Outside of Our Control (Force Majeure)
   1. 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: power failure, internet service provider failure, 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 Our reasonable control.
   2. If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform You as soon as is reasonably possible.
2. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07591 679724 or by email at [email protected].

1. Complaints and Feedback
   1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from our website.
   3. 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 the Tent/Gazebo/Marquee, please contact Us in one of the following ways:
      1. By email at [email protected]
      2. By phone , by calling us at 07591 679724

1. How We Use Your Personal Information (Data Protection)
   1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
   2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website.

1. Other Important Terms
   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.
   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.
   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.
   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.
   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.

1. Governing Law and Jurisdiction
   1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
   2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
   3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.