Our terms can also be downloaded as a PDF Astral Events Limited Terms – April 2015.
ASTRAL EVENTS Limited (T/A Picture Us Photobooths) TERMS & CONDITIONS OF HIRE
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement unless the context requires otherwise the following words and expressions have the following meanings:
1.1.1 ‘Contact’means the contact named by the Hirer on the Booking form. Please note that if on the day the Contact is not available then Astral Events Limited reserves the right to select an appropriate alternative. This may include, but not be limited to, a member of staff at theVenue, an events coordinator, a User or a close family member or friend of the Hirer or indeed the Hirer themselves;
1.1.2‘Booking Form’means the form completed to confirm details of booking including Contact on the day. This may also be in the form of an e-mail;
1.1.3 ‘Hirer’means the main booking contact named on the Booking Form;
1.1.4 ‘Hire Date’means the date the Photo Booth is hired
1.1.5 ‘Hire Charge’ means the total amount invoiced to the Hirer;
1.1.6 ‘Photo Booth’means the “Astral Events Limited” photo booth system and related equipment;
1.1.7 ‘Location’means the Location of the Photo Booth once delivered and setup by a Astral Events Limited Representative on the Hire Date;
1.1.8 ‘User’means the people that use the Photo Booth whilst out on hire to the Hirer;
1.1.9 ‘Venue’means the place at which the Photo Booth is to be located on the Hire Date;
1.1.10 ‘The Astral Events Limited Representative’means a representative, either business owner, employee or sub-contracted person for Astral Events Limited;
1.1.11 ‘Period of Hire’means the duration of the hire as stated on the Booking Form;
1.1.12 ‘Hire Start Time’means the start time of the hire as stated on the Booking Form.
The Agreement shall commence on the date the Booking Form is completed online or confirmation of booking is received via e-mail and shall remain in place until the Photo Booth is either collected or returned to the satisfaction of Astral Events Limited.
3.1 The Hirer is to ensure the Photo Booth is used properly and ensure that it will be used safely and without risk to health, shall not remove or alter or permit removal or alteration of identification numbers or marks of the Photo Booth, and shall keep the Photo Booth properly protected and safe. Under no circumstances shall Astral Events Limited have any liability of whatever kind for any defects resulting from wear and tear, accident, improper use by the Hirer or Users except in accordance with the instructions or advice from Astral Events Limited.
3.2 The Hirer is to ensure the Photo Booth shall not be moved from both the Location and Venue other than by a Astral Events Limited Representative.
3.3 The Hirer is to obtain any consent or permissions to use the Photo Booth at the Venue and Astral Events Limited shall not be held liable for refusal or lack of any consent or permission.
3.4 The Photo Booth shall at all times remain the property of Astral Events Limited
3.5 The Photo Booth shall be delivered on the Hire Date (or before in some circumstances if agreed with the Hirer) at which time the Astral Events Limited Representative will leave the Photo Booth operational and in suitable condition for use.
3.6 Any issues or dissatisfaction with the service or hire at an event will be raised during the Period of Hire. If no issues are raised during the Period of Hire to the Astral Events Limited Representative this will constitute satisfaction of the hire.
3.7 The Astral Events Limited Representative has the right to refuse to deliver the Photo Booth if:
3.7.1 It believes that the Photo Booth will not be used properly;
3.7.2 The Venue or Location is believed to be unsafe or a risk to health;
3.7.3 The Venue or Location is believed to possibly cause damage to the Photo Booth;
3.7.4 The Venue or Location is believed to not be secure;
3.8 The Contact on the day has the right to refuse to accept the delivery of the Photo Booth if:
3.8.1 They believe the Photo Booth to be unsafe or a risk to health;
3.8.2 The Photo Booth is damaged to the point of being unusable;
3.9 Idle time requires the Booth to be securely stored.
3.10 After initial setup the Booth cannot be moved. Moving the booth will incur an additional charge.
3.11 We have taken every care to ensure that all items on our website are correct. We will not be held liable for any errors or inaccuracies which may occur through the website, email or verbally with a representative and will not be obliged to supply goods at any inaccurate price.
3.12 We endeavour to be timely for setup and the start of the event, however due to certain circumstances beyond our control we may be delayed. Where possible an attendant will contact the persons responsible to notify them. We will endeavour to run the booth over the allotted time to make up the correct hire time if possible. We cannot give any refunds for circumstances beyond our control.
3.13 It is the responsibility of the Hirer to ensure that the Venue is aware that a photo booth will be used and that Astral Events Limited will has access to the Location at least 1.5 hours prior to the Period of Hire. Any lack of access to the Location may mean a delay to the Hire Start Time. In these circumstances the Period of Hire will not be extended from the Hire Start Time and no refund will be given for any time lost.
3.14 If during the hire period the booth is not being used properly, is at risk of damage or the booth attendant receives any kind of verbal and/or physical abuse from the Hirer or Users then the booth attendant has the right to terminate the hire immediately with no refund.
3.15 For the avoidance of doubt, Astral Events Limited have a strict policy on rowdiness and drunken behaviour. Any actions by the Hirer or Users that could cause damage to the booth, be deemed threatening, disrespectful or abusive towards an Astral Events Limited Representative or risk the safety of any person will mean an immediate termination of the hire with no refund.
4.1 A deposit as specified in our correspondence shall be paid by the Hirer to Astral Events Limited. Confirmation in the form of an e-mail (or other method requested by the Hirer shall be sent to the Hirer. The receipt is the only proof of booking that the Hirer shall receive.
4.2 An invoice in respect of hire will be issued prior to the date of the event and FULL payment must be made no later than 30 days prior to the Hire date unless agreed otherwise with an owner of Astral Events Limited.
4.3 If the Hirer fails to pay the invoice price by the date due then Astral Events Limited has the right to cancel the booking with no deposit being returned to the Hirer.
4.4 No refunds are to be given due to fault of the Hirer in operation of, or use of, the Photo Booth, or in lack of obtaining, or in the refusal of the appropriate consents or permissions. No refund will be made for low usage of the facility.
5.1 Upon receipt of written notification of cancellation four weeks prior to the Hire date Astral Events Limited shall refund any monies paid less the deposit.
5.2 Upon receipt of written notification within four weeks prior to the Hire date no refund will be provided.
5.3 If the customer cancels within 14 days of placing the order the deposit will be returned and no further amounts will be due.
6.1 The Hirer shall be responsible for the loss, theft or destruction of or for any damage to the Photo Booth occasioned in any manner or by whosoever or by any cause whatsoever while the Photo Booth is at the Hirer’s risk (other than as a result of fair wear and tear) and fully and effectually indemnify Astral Events Limited in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by Astral Events Limited arising directly or indirectly form any such loss, theft, destruction or damage.
6.2 Astral Events Limited shall not be responsible for any losses or equipment failure which is beyond its control.
7.1 On the rare occasion the Photo Booth may have technical problems every effort will be made to rectify the problem. If the problem is rectified the photo booth will be made available for use over the time provided.
7.2 If the problem is a printer problem photos will still be taken and photos will be printed out the next working day and sent to the client.
7.3 No Refund shall be given unless the Photo booth cannot take photos. In this instance Astral Events Limited will refund for the period of hire photos cannot be taken.
8.1 Picture Us cannot take responsibility for any cards or gifts deposited by guests in our wishing well. It is the responsibility of the Hirer to ensure the wishing well is emptied before the wishing well is collected by Astral Events Limited.
9.1 Missing items or damaged items will be charged at the full replacement value, we will not accept any substitute replacements. We also reserve the right to charge you for any loss of profit as a result of the loss or damaged goods. Should you be charged for any damage you may request by email, phone or written communication that the goods be returned to you, this must be within 14 days of being informed by us of the charges. If you wish to have the damaged goods returned to you this will be done so at your own cost. Should we not hear from you within the 14 days then the named items will be disposed of.
9.2 We expect items to be returned in the same condition as when they were provided. Any damages/breakages to our glassware will be charged at full replacement value.
Any items we deem as unreasonably damaged will be charged at the full replacement value, including our sweet carts. What we deem as unreasonable damage is any items that are no longer fit for hire, due to non-repairable damage and permanent marks/stains.
9.3 You understand that the candy cart is not staffed for the duration of the hire. Astral Events Limited accepts no liability for any injuries or damage to any persons or property arising from any items under hire.
9.4 It is your responsibility to ensure that the hired items are covered by that of your own insurance or the venue’s insurance with regards to public liability risks. Astral Events Limited will not be liable for any claims made by any persons for injuries or damages caused by or in conjunction with the hired items, including our fitting service.
10. LIMITATION OF LIABILITY
10.1 We disclaim any and all liability to you for the supply of the Photo Booth to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the Hire Charge you have paid. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
10.2 We shall not be held liable for any failure or delay in performing the service and hiring the Photo Booth where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.
10.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire of the Photo Booth. We do not make any representation or guarantee that use of the Photo Booth in any promotional context will generate revenue or customers for you or your business.
10.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
10.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.
11. TERMINATION ON DEFAULT, ETC
11.1 Without prejudice to the provision of clause 4.4 Astral Events Limited may by written notice (in addition to any other rights) terminate this Agreement or suspend its performance of all or any of its obligations under the same immediately and whether for compensation or damages or otherwise if the Hirer fails to comply with any of its obligations under the terms of this Agreement.
12. ENTIRE AGREEMENT
12.1 This Agreement expresses the entire agreement between of the Parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained herein.
12.2 No warranties, representations or other matters were relied upon by the Hirer causing it to enter into this Agreement other than those expressly set out herein.
12.3 This Agreement shall not otherwise be modified in any way except through the agreement by the Parties.
12.4 Except in the case of fraudulent misrepresentation the only remedy available to the Hirer in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of contract.
12.5 If in the event that the Photo Booth cannot be delivered due to mechanical failure or transportation, or the photo booth malfunctions to a point of being unusable to record photos or Astral Events Limited will be liable for a full refund of the booking amount only.
13. FORCE MAJEURE
13.1 Astral Events Limited shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by, and may suspend performance of the same during, factors outside its control including, but not limited to, disorder and natural disasters.
14. THIRD PARTIES
14.1 The Parties do not intend that any term of this Agreement may be enforced by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.
15.1 Any notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
15.2 The Hirer’s address for the service of notice shall be the address stated on the Booking Form. Any changes of address must be notified and acknowledged to be deemed as valid.
15.3 A notice shall be deemed to have been serviced if a notification of completed recorded delivery notice is provided via royal mail.
15.4 The Hirer acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by Astral Events Limited for the purpose of promoting and advertising its products and services. Furthermore the Hirer does not hold Astral Events Limited liable for any issues arising through the use of such material.
16. CHOICE OF LAW AND JURISDICTION
16.1 This contract shall be governed by English law and subject to the exclusive jurisdiction of courts of England and Wales in all matters regarding it except to the extent that Astral Events Limited invokes the jurisdiction of the courts of any other country.