All bookings are subject to our terms and conditions

Terms & Conditions

 

Starry Sky Events Ltd Terms & Conditions of Hire

PARTIES

(1)          Starry Sky Events Ltd 11358078 incorporated and registered in England and Wales with company number 11358078 whose registered office is at 49 Station Road, Polegate, BN26 6EA (Starry Sky)

(2)          The person or company whose name appears on the booking agreement (Customer)

 

AGREED TERMS

1. INTERPRETATION

1.1          The following definitions and rules of interpretation apply in this agreement.

Accessories:  all accessories which are hired under this agreement and as set out in the Booking Agreement.

Booking Deposit:  the non refundable booking deposit, which equates to 25% of the total Fees as set out on the Booking Agreement.    

Damage Deposit:  the damage deposit of £100 per tent, which is set out on the Booking Agreement and shall be returned in part or full depending on the condition of the Equipment.

Booking Agreement:  the form agreed by both parties which detail the specific requirements on the Customer and which forms part of this agreement.

Delivery:  the transfer of physical possession of the Equipment to the Customer at the Site.

Equipment:  the bell tent(s) and Accessories as set out on the Booking Agreement including all substitutions, replacements or renewals of such equipment, manuals and instructions provided for it.

Set Up:  the assembly of the Equipment at the Site.

Site:  the site at which the Equipment shall be Delivered too as set out on the Booking Agreement.

Site Conditions:  details of the Site which may impact on the Delivery or Set up of the Equipment.

Rental Period:  the period of hire of the Equipment as set out on the Booking Agreement.

Rules of Use:  the rules of use on how to use and operate the Equipment including health and safety requirements, as provided to the Customer by Starry Sky and forms part of this agreement.

1.2          Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.

1.3          A person includes a natural person, corporate or unincorporated body.

1.4          The Schedules and the Booking Agreement form part of this agreement and shall have effect as if set out in full in the body of this agreement and any reference to this agreement includes the schedules.

1.5          Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6          Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.7          A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.8          A reference to writing or written includes e-mails.

1.9          Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.10       References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs   are to paragraphs of the relevant Schedule.

1.11       Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.  EQUIPMENT HIRE  

2.1          Starry Sky shall hire the Equipment to the Customer for use at the Site subject to the  terms and conditions of this agreement.

2.2          The Customer hires the Equipment for the duration of the Rental Period only.

2.3          The Customer shall pay to Starry Sky the Fees and the Deposit as set out in Clause 5.

3.  CUSTOMER OBLIGATIONS

3.1          The Customer shall at all times during the Rental Period;

(a)          ensure that the Equipment is used only for the purposes for which it is designed, and in accordance with the Rules of Use.

(b)          ensure the Equipment is returned in the same condition, at the end of the Rental Period.

(c)           make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment.

(d)          ensure that the Equipment is not removed from the Site.

(e)          not, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;

(f)           not use the Equipment for any unlawful or unethical purpose;

              

4.  STARRY SKY OBLIGATIONS

4.1          shall at all times during the Rental Period;

(a)          Ensure the Equipment is available for the Rental Period in a suitable condition.

(b)          Ensure that if the Customer requires the Equipment to be Set Up, it is Set Up by a competent person with the necessary skills to ensure the Equipment is Set Up safely.

5. FEES AND DEPOSIT  

5.1          The Customer shall pay to Starry Sky the Fees as set out on the Booking Agreement.

5.2          The Booking Deposit which is non refundable shall be paid at the time of booking the Equipment.  If the Rental Period commences within 28 days then the full Fees are payable at the time of the booking.

5.3          The Fees less the Booking Deposit are payable within 28 days of the commencement of the Rental Period.

5.4          If the Customer fails to make payment of the Fees in full by the date required at clause 5.3 then Starry Sky is under no obligation to hire the Equipment to the Customer.

5.5      In addition to the Fees the Customer shall pay to Starry Sky the Damage Deposit.  The Damage Deposit is held by Starry Sky for any loss of or damage caused to the Equipment or additional cleaning that may be required. The Customer shall pay a Damage Deposit at the same time the  Fees are payable in accordance with clause 5.3. The Damage Deposit shall be refundable within ten (10) Business Days of the end of the Rental Period, minus deductions if applicable. All deductions shall be fully itemised. In the event that the damage deposit is insufficient the Customer will be liable for additional costs.

5.6          Any sums not payable by either party to the other may attract interest under this clause will accrue each day at 3% a year above the Bank of England’s base rate from time to time.

6.  DELIVERY AND SET UP

6.1          The Equipment shall be either collected by the Customer or Delivered by Starry Sky to the Site as indicated on the Booking Agreement.

6.2          The Customer can either request Starry Sky Set Up the Equipment or the Customer can undertake the Set Up, this option shall be pre-agreed on the Booking Agreement.

6.3          Starry Sky shall send the Customer photos once the Equipment has been set up which details the condition of the Equipment, it is the Customers responsibility to advise Starry Sky within 2 hours of turning up to the Site to notify Starry Sky of any defect/damage or missing Equipment, failure to do this shall be acceptance that the condition of the Equipment is as per the photos sent by Starry Sky.  These photos and any comments made by the Customer shall be used to evaluate if the Equipment has been damaged or requires extra cleaning which may mean costs shall be deducted from the Damage Deposit.

7.  TITLE, RISK AND INSURANCE  

7.1          The Equipment shall at all times remain the property of Starry Sky, and the Customer shall have no right, title or interest in or to the Equipment (save the right of use of the Equipment subject to the terms and conditions of this agreement)

7.2          Starry Sky shall obtain and keep effective adequate insurance for the Equipment.

7.3          The Customer shall indemnity Starry Sky (over and above the value of the Deposit) for any damage caused by the negligent use of any Equipment by themselves or any of the guest they have permitted or allowed to use the Equipment.

8.  LIABILITY  

8.1          Without prejudice to clause 8.2 Starry Sky’s maximum aggregate liability for breach of this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Fees paid under this   Agreement.

8.2          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;

8.3          This agreement sets forth the full extent of Starry Sky’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. 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 Starry Sky 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.

8.4         Without prejudice to clause 8.2 neither party shall be liable under this agreement for any, loss of profit, loss of revenue, loss of business; or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.

8.5         The Customer acknowledges that Starry Sky shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify Starry Sky on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this agreement.

 

9.  CANCELLATIONS AND TERMINATION  

9.1          If the Customer cancels their booking then the following applies;

  • If the booking is cancelled within 28 days or more from the start of the Rental Period then the full Fee shall be refunded minus the non refundable 25% Booking Deposit.

  • If the booking is cancelled within 15-27 days from the start of the rental Rental Period then 50% of Fee shall be retained by Starry Sky.

  • If the booking is cancelled within 0-14 days from the start of the Rental Period then the full Fee (100%) shall be retained by Starry Sky.

 

9.2          Starry Sky shall use its reasonable endeavours to not cancel the booking. If Starry Sky has no option to cancel the booking then it shall return all Fees paid to the Customer, which shall be the total level of liability for any cancellation.

9.3          Without affecting any other right or remedy available to it, Starry Sky may terminate this agreement with immediate effect by giving notice to the Customer if:

(a)  the Customer fails to pay any amount due under this agreement on the due date for payment and remains in  default not less than 3 days after being notified in writing to make such payment;

(b)  the Customer commits any breach of any other term of this agreement (including the Rules of Use) which breach is irremediable or (if such breach is remediable) fails to remedy that breach immediately to do so;

10.  FORCE MAJEURE  

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

11   DATA PROTECTION

Starry Sky shall process the Customers personal data in accordance with the Starry Sky GDPR privacy policy.

 

12.  ENTIRE AGREEMENT  

12.1       This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

12.2       Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

13.  VARIATION  

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

 

14.  NO PARTNERSHIP OR AGENCY  

14.1       Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

14.2       Each party confirms it is acting on its own behalf and not for the benefit of any other person.

15.  RIGHTS AND REMEDIES  

Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

16.  GOVERNING LAW  

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

17.  JURISDICTION  

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any   dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or   its subject matter or formation.

 
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 2018 Starry Sky Limited. All Rights Reserved.Registered in England & Wales. Company No. 11358078

Registered company address. 49 Station Road, Polegate, East Sussex, BN26 6EA.