Vintage Events & TENTS - HIRE AGREEMENT
TERMS & CONDITIONS
i. ‘THE BUSINESS’ means Vintage Events & Tents Pty Ltd, ABN 26 648 596 534.
ii. ‘THE HIRER’ means the person who makes the booking who warrants that they are either the Hirer or have the authority of the Hirer to make the booking.
iii. ‘THE EQUIPMENT’ means goods hired as detailed on the Booking Form and Hire Checklist.
iv. ‘HIRE AGREEMENT’ means the Booking Form provided by the Hirer to the Business containing details of the booking which form part of the Hire Agreement.
2. Hire Agreement
i. The Hirer agrees that they accept the conditions of this Hire Agreement when they place an order via telephone, email, or any other booking platform made available by the Business.
ii. A fully completed Booking Form is required for each booking. The Business will retain a copy of the Booking Form & Hire Agreement and a copy will be provided to the Hirer upon confirmation of the booking.
iii. Any Hire Agreement that has not been signed by the Hirer does NOT forfeit the conditions set out in the agreement.
3. Hire Period
i. The hire period is for the dates specified on the Booking Form.
ii. The ‘Commencement Date’ is the first day of the hire period.
iii. The ‘End Date’ is the last day of the hire period.
iv. Each ‘day’ is for a 24hr period and is charged out as per the Hire Charges.
4. Hire Charges
i. Standard daily hire rates are for a 24hr period and the agreed cost is as per the Booking Form.
ii. Should the Equipment be unavailable for collection or return on the specified date on the Booking Form, the Business reserves the right to charge the Hirer for extra time at the standard daily rate until the Equipment has been returned in full.
iii. If the Hirer chooses to postpone the hire of the Equipment, cancellation charges will apply.
5. Hire Location
i. The hire location is the address specified on the Booking From provided by the Hirer to the Business
ii. The Business will not accept any liability for any additional site costs associated with the Hire Location. These costs are the responsibility of the Hirer.
iii. The Business will not accept any liability for any damages caused to the Hire Location once delivery and set up (if required) has been made.
6. Booking Confirmation
i. Bookings are placed when the Hirer places an order via telephone, email or any other booking platform made available by the Business.
ii. A deposit of 25% of the total Hire Charge is required for each booking. Payment of the deposit is due when placing booking. Proof of payment must be provided to the Business at the time of payment.
iii. Bookings are confirmed when the Business receives a fully completed Booking Form AND payment of the deposit from the Hirer.
7. Security Bond
i. A $200 security bond must be paid prior to the delivery of any Equipment where a bond is specified as being required by the Business. Payment of the security bond can be made via any of the payment methods listed in clause 8. The security bond will be fully refunded within 3-5 business days of collection of the Equipment if no damage has occurred.
i. Payment methods accepted by the Business include cash, bank transfer and credit card.
ii. Payment in full for each booking is due no later than 14 days prior to the Commencement Date unless prior agreement has been reached between the Business and the Hirer.
iii. The Business does not recommend providing full payment more than a month prior to the Commencement Date.
iv. The Business reserves the right to withhold delivery if payment in full is not received.
v. An extra delivery charge of $50.00 may be applicable should the Business be required to reschedule due to non-payment.
9. Changes to bookings
vi. The Hirer may choose to change an Equipment item charged for one of equal or greater value, only if that item is available.
vii. Any changes made once the final balance has been paid, which reduces the total Hire Charge, will not result in a refund for the Hirer.
viii. If changes are required to the booking once the booking deposit has been paid, the total Hire Charge may not be reduced by more than 50% of the original total.
ix. Any addition or change to the Equipment required for a booking may result in a change to the delivery and pickup fees for that booking.
10. Cancellation Policy
Should the Hirer cancel the Hire Agreement, the Business reserves the right to charge the following:
31 days of more from the Commencement Date – a $50.00 processing fee applies
15-30 days from the Commencement Date - 25% of the total Hire Charge
7 to 14 days from the Commencement Date – 50% of the total Hire Charge
3 to 6 days from the Commencement Date - 75% of the total Hire Charge
Within 48 hours of the Commencement Date – 100% of the total Hire Charge
i. In the event of adverse weather conditions making it impossible to deliver, set up (if required) & pick up the Equipment, the Business cannot accept any responsibility or liability for losses or other costs incurred as a result and no refund will be given.
ii. The Business will work with the Hirer should cancellation occur due to adverse weather to offer alternative available Hire Periods.
iii. The Business reserves the right to cancel any booking and Hire Agreement at any time due to unforeseen circumstances. In the unlikely event of this happening, a full refund will be provided, and all reasonable attempts will be made by the Business to find alternative arrangements. The Business will not accept responsibility or liability for loses or any other costs incurred as a result of such cancellation.
iv. Should the Hire Location cancel or terminate the booking for any reason, no refund will be given by The Business.
v. The Business will work with the Hirer should cancellation occur due to the Hire Location cancelling to offer alternative available Hire Periods.
vi. The Business will work with the Hirer should a booking be impacted by unforeseen circumstances beyond either parties’ control. The Business will attempt to work with the Hirer to postpone any affected bookings where there is availability and any deposit paid will be held over. Should a postponement not be possible, the Business will refund any deposit paid less a $50 processing fee. Should the deposit paid value be less than $50, no refund will be processed.
11. Refund Policy
i. All claims for refunds must be made in writing within 48hrs of the End Date of the Hire Period as specified on the Booking Form.
ii. All claims for refunds relating to cancellations will be subject to the cancellation policy.
iii. All claims for refunds must be accompanied by supporting documentation to assist with validation of the claim.
iv. The Business will assess all claims for refunds within 7 days of receiving them and advise the Hirer of the outcome.
v. Refunds will be processed within 3-5 business days of the Business accepting a claim.
12. Delivery and Pickup
i. Delivery & pickup of the Equipment by The Business will be charged on an individual basis, dependant on the Hire Location, accessibility, handling and number of items required.
ii. The delivery & pickup times must be confirmed with The Business at the time of booking, or at least 1 week prior to delivery.
iii. Any changes to the Hire Period, unless discussed prior with The Business may incur fees & charges.
iv. Should the Hire Location not be easily accessible, the Hirer is to ensure this is indicated on the Booking Form.
v. The Hirer must ensure safe & suitable access is provided for the delivery & pickup locations. All Equipment must be able to be delivered to a dry and secure area.
vi. Where manual handling is required beyond the Equipment being unloaded/loaded at the agreed location, additional fees & charges may apply at a rate of $120 per hour.
vii. All Equipment must be stored neatly & safely ready for pickup on the agreed date and time. Failure to do so may incur additional fees & charges.
viii. All folding chairs must be folded prior to pickup & trestle tables must be dis-assembled and stacked neatly.
ix. All Equipment, with the exception of tents, must be kept in a dry location for the duration of the Hire Period.
x. The Hirer must make all reasonable efforts to ensure the Equipment is not damaged by adverse weather conditions for any outdoor Hire Locations. Additional fees & charges may apply to remedy any damage caused by the Hirer’s failure to do so.
xi. If delivery or pickup is at a Hire Location where the Hirer is not on site, clear instructions must be given by the Hirer to the Hire Location. These instructions are to include when delivery and pickup will take place as well as the storage, handling and cleaning of the Equipment, in accordance with the Hire Agreement.
xii. A flat $150.00 surcharge applies 7 days of the week to deliveries & pick ups before 7am and after 11pm for each instance.
13. Self Pickup
i. The Business offers a self-pickup option by pre-booked appointment only. The Hirer is responsible for ensuring that the correct type of vehicle is used for transporting the Equipment and that it is not at risk of being exposed to adverse weather during transport.
ii. Loading of the vehicle is the responsibility of the Hirer, The Business may be able to assist if it is requested in advance and is at the sole discretion of The Business.
iii. If the transport vehicle being used by the Hirer is deemed to be not suitable by The Business, then release of the Equipment will be refused and the deposit will not be refunded.
iv. If the way in which Equipment is packed onto the vehicle is deemed unsafe by The Business, then release of the Equipment will be refused and the deposit will not be refunded. The Hirer should enquire with The Business if they are unsure about what is deemed suitable for self-pickup.
v. Any damage to the Equipment during self-transport by the Hirer is the responsibility of the Hirer and damage fees and charges will apply dependant on the type of Equipment and the damage caused.
vi. The pre-booked appointment time for both self-pickup and self-drop off must be agreed to by both parties. The Business will ensure all Equipment is accessible for loading prior to the appointment.
vii. If the Hirer is unable to make the appointment within a 1-hour window, a new appointment must be made with The Business prior to arriving to pick up or drop off the Equipment.
14. Proof of Delivery
viii. The Hirer is responsible for being present to accept delivery of the Equipment.
ix. The Hirer is responsible for any loss or damages incurred if they arrange for the Equipment to be delivered without being present.
x. The Business will provide the Hirer with a Hire Checklist detailing all items delivered and/or set up at the Hire Location.
xi. The Hire Checklist will act as a ‘condition report’ and be used to confirm against when Equipment is returned. The Business may also choose to take photos of the Equipment to record condition on delivery & pick up.
xii. The Business will provide the Hirer with of copy of the Hire Checklist and photos upon request.
15. Set up of Equipment - where requested (additional charges apply)
i. The Hirer is responsible for providing clear instructions for the Hire Location and placement for the assembly of the Equipment.
ii. The Business will deliver, erect, and furnish the Equipment to the Hire Location at the commencement of the Hire Period at a time as agreed.
iii. The Business will dismantle and remove all Equipment from the Hire Location at the end of the Hire Period at a time as agreed.
iv. The Business will ensure all care is taken but shall not be liable for any damages to but not limited to the Hire Location, furniture, or personal belongings.
v. The Business will endeavour to set up the Equipment at the Hire location at the agreed time, however, it will not hold any responsibility or liability resulting from any circumstances beyond its control, such as delays due to adverse weather, road accidents or severe traffic problems.
16. Use of Equipment
i. Damage to the Equipment during use is the sole responsibility of the Hirer and they agree that the cost of any repairs or damages required will be actioned after the end date of the Hire Period.
ii. If the Hirer at any time during the Hire Period considers the Equipment to be faulty, it is their responsibility to contact the Business immediately to report the fault.
iii. The Business reserves the right to repair or replace any faulty Equipment as soon as practicable during the Hire Period to the reasonable satisfaction of the Hirer.
iv. No attempts to repair the Equipment should be made by the Hirer without the knowledge or prior consent of the Business.
v. Should the Equipment be found to be not faulty, a call out charge, relative to the time of day, will be charged to the Hirer and is due and payable upon receipt of invoice.
vi. The Business will not be liable for any loss, damage or expenditure incurred by the Hirer due to faulty Equipment for any reason whatsoever.
vii. At the end of the Hire Period the Hirer must clean and pack up all Equipment as it was when it was delivered by the Business. Failure to do so may result in additional time costs being charged at a rate of $120 per hour.
viii. All Equipment must only be used for their primary intended purpose. NO food or drink is to be consumed on or immediately near lounge suites or sofas under any circumstances. No uncovered/tealight candles are to be placed on tables or wine barrels without enclosed holders.
ix. No open flames are to be inside the Tents at any time for any reason.
x. Failure to abide by the usage conditions will result in additional fees and charges.
17. Health and Safety
i. The Business operates a STRICT NO SMOKING policy for lounge suites, sofas and tents. Smoking is STRICTLY PROHIBITED in/on or within 5 metres of lounge suites, sofas or tents.
ii. Candles or any other item containing an open flame are STRICTLY PROHIBITED in/on or within 5 metres of lounge suites, sofas or tents.
iii. Any form of cooking is STRICTLY PROHIBITED inside or within 5 metres of lounge suites, sofas or tents.
iv. Fire pits, BBQ's or any other cooking facility should be sited no less than 5 metres of lounge suites, sofas or tents and should not be left unattended at any time.
v. Pets are not permitted in/on lounge suites, sofas or tents (assistance animals excepted).
i. All Equipment is to be returned dry and in the same condition is was provided to the Hirer by the Business.
ii. Linen does not need to be washed.
iii. Additional cleaning costs may apply for any Equipment item that is returned excessively dirty. Cleaning fees are $20 per table, $5 per chair and $200 per lounge suite and $150 per sofa. Cleaning costs for tents will be dependant on the treatment required, the Business will ensure that these costs are reasonable and in line with the current market.
iv. The Hirer is liable for any stains on any Equipment and will be charged a professional cleaning fee.
v. Any lost, broken, damaged or destroyed Equipment will be charged to the Hirer at full replacement value.
19. Consent to Publish
i. The Hirer gives their consent for the publication of identifiable details, which can include photograph(s) and/or videos to be published on social media, website or any other advertising platform of the Business.
ii. ‘Identifiable Details’ is defined as any image and/or video that clearly shows a person’s face where someone that knows them could identify them.
iii. The Business will only publish images and/or videos that have been provided by the Hirer, their photographer or images taken by the Business at set up.
iv. The Business agrees to not publish any personal details such as full names, addresses of the Hirer. First names only may be used.
i. The Business holds Public Liability Insurance, however, insurance is the Hirer’s responsibility during the Hire Period.
ii. The Hirer is responsible for the security of the Equipment at all times during the Hire Period.
iii. The Hirer acknowledge that any of their own possessions are their sole responsibility and the Business does not take any responsibility for any loss, damage or theft of such items.
21. Liability to Third Parties
i. The Hirer expressly acknowledges that the Business is not the original manufacturer of the Equipment.
ii. The Business accepts no liability for any claim for personal injury, death, loss or damage to property however caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Business.
iii. The Businesses decision is final in all matters relating to this Hire Agreement and reserves the right to alter any condition herein as deemed necessary by the Business.
22. Force Majeure (unforeseeable circumstances preventing someone from fulfilling a contract).
i. The Business cannot accept any responsibility or liability for losses or other costs incurred as a result of: acts of God including fire, flood, storm or natural disasters, war, sabotage or acts of terrorism, government sanctions, labour disputes including strikes, lockouts, boycotts or other Industrial action, failure in the transportation of equipment or in the provision of services.
i. This Hire Agreement is governed by and interpreted by the laws of New South Wales and submits to the non-exclusive jurisdiction of the courts of New South Wales.