TERMS & CONDITIONS

1. DEFINITIONS

“The Company”, “Us” and “We” means the business known as Abracadabra Marquees and Events a trading name of Michael R Hall Ltd registered in England. Company Registration Number: 09150484, VAT Reg Number: 193806285, Registered Office Address: Hobarn House, 12 Brompton Road, Northallerton, North Yorkshire, DL6 1DY. Head Office Address: Woodhaven, Goulton Lane, Potto, Northallerton, DL6 3HP. Telephone Number: +44 1642 90 38 38. Email Address: [email protected]. It also includes any associated business agents, sub-contractors, employees, shareholders and proprietors thereof.

“The Customer”, “Hirer” and “You” means the person(s) or organisation(s) hiring the equipment from The Company

“The Equipment” means any marquee and any equipment, composite parts hired in equipment and accessories relating thereto used by The Company in the construction and dismantling of any structure in fulfilment of its obligations under the Hire Contract.

“Hire Charges” means the total amount payable to Abracadabra Marquees and Events by The Customer under the Hire Contract.

“Hire Contract” means the contract between Abracadabra Marquees and Events and The Customer as set out In Writing by Abracadabra Marquees and Events. These terms and conditions form the basis of the contract.

“In Writing” means any method of non-verbal communication, including but not limited to email, text and postal services.

GENERAL

These terms and conditions apply to all Hire Contracts entered into by The Company unless otherwise stated in The Company’s written quotation. Any offer of Equipment is subject to stock being available on receipt of an order.

2. PRICE & PAYMENT

The Hire Contract will be confirmed In Writing by Abracadabra Marquees and Events on receipt of a non-refundable deposit of 25% of the total balance to secure a booking.

Deposits are paid to cover administration costs and holding charges and cannot be returned due to cancellation of the order by The Customer. Forfeit of the deposit does not remove the cancellation charges if greater than the deposit paid. The remaining balance must be settled in full within 28 days prior to the date of the event. If the full balance is not paid by this time We reserve the right to cancel the Hire Contract and retain the full deposit.

Payment can be made by cash or via BACS transaction (We no longer accept cheques). Banking details for all BACS payments;

Bank: Barclays Bank Account: 8367 6870 Sort code: 20 56 78

The Company reserves the right to charge interest on overdue monies at a rate of 1.75% per calendar month calculated on a daily basis in addition to a debt collection charge of 20% (in a minimum amount of £100) on such amounts plus VAT thereon on all overdue amounts remaining unpaid after 30 days after the date of erection.

Cancellation Fees:
Orders cancelled more than 75 days prior to the hire will be charged at 25% of the Hire Charges,
Order cancelled within 75 days will be charged at 50% of the Hire Charges,
Orders cancelled within 28 days will charged at 100% of the Hire Charges.

In addition, if The Customer defaults on payment The Company reserves the right to place the matter in the hands of their debt recovery agents, without prior warning In Writing, and shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agent to aid recovery of monies outstanding to The Company.

If The Customer becomes insolvent, made bankrupt or comes to any arrangement with creditors or liquidator, receiver or administrator appointed or if You breach any of the conditions we may cancel the Hire Contract immediately and remove any Equipment belonging to them or hired in as part of the Hire Contract.

We may levy a call out charge for any site visits carried out between erection and removal of The Equipment.

3. UNDERGROUND SERVICES

It is the Hirer’s responsibility to provide The Company with the location of any underground services (gas, water services, electricity, drains, etc.) that could be damaged by marquee fixing spikes or the erecting of the marquee. This should be provided In Writing

The Hirer will be responsible for any costs associated with the repair to unmarked/unidentified services and associated costs relating to their interruption.

We shall not be liable for any damages, costs, claims, or liabilities caused to any drains, pipes, gas, electric or water services, underground works or overhead obstructions of any kind during the erection or dismantling of The Equipment and The Customer shall indemnify Us in respect of any such costs, claims or liabilities.

4. CONTRACTUAL RESPONSIBILITY FOR THE EQUIPMENT WHILST ON HIRE

4a. The Customer shall be responsible for, and indemnify The Company against, any loss or damage to all hired Equipment whatsoever the cause. Any loss or damage will be charged for on a Reinstatement with New basis.

4b. The Customer must provide The Company proof of having arranged insurance in their name for their Hired Equipment at least 7 days prior to the delivery date of the Equipment.

4c. Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation, then the above clauses 4a and 4b will not apply. Please note that The Customer will remain responsible for the first £400.00 of any loss, and will indemnify the Company against any loss of or damage to all Hired Equipment resulting from their negligence or legal liability.

Our public liability insurance covers up to £5 million.

5. DAMAGE

The Customer shall be responsible for all damage caused to The Equipment by The Customer or any other person as a result of any attempt to move, alter or interfere with The Equipment and The Customer shall indemnify Us for all losses, costs, claims, expenses and liabilities arising from such alteration, movement or interference.

Any equipment found damaged or missing during the hire period will be repaired or replaced at the Hirer’s expense. No items or objects should be stuck to, fixed to, or suspended from the marquee sides, roofs or framework. If tape is used anywhere on the marquee structure a minimum charge of £50 will be levied for cleaning any residue. The Customer hereby agrees that under no circumstances will it or any other person on its behalf release any fixings without our express permission.

The Customer acknowledges that The Equipment is a temporary structure and that it may not safe guard against weather conditions and We do not make any representations or warranties or accept any liabilities in this respect.

The Customer shall be deemed to be the bailee of The Equipment upon its installation of the site including, partial works until its complete removal and shall assume full responsibility for any loss or damage to such equipment what so ever the cause. This includes all equipment brought to site on behalf of The Customer Us or their subcontractors.

The Customer shall indemnify Us for all claims, costs and liabilities for any injury, loss or damage caused to any persons or property resulting from the erection or removal of The Equipment.

6. MARQUEE STRUCTURE

When the marquee has been erected and all exits or openings agreed, this should not be altered or tampered with in any way as this may render the structure unsafe.

All equipment must be returned by The Customer in the same condition as it was received. The Customer shall exercise all reasonable care and attention in decorating or adorning any equipment so as not to cause any damage or diminution in value to it. The Customer shall seek guidance from The Company at any time in respect of any decorations or adornments.

The Hirer is responsible for signing a completed handover checklist after consultation with a company representative once the marquee has been installed and in signing this checklist agree to abide by any instructions therein. If the Hirer is not present to sign the handover checklist We will do this on their behalf and a copy will be left for the Hirer’s reference.

7. FURNITURE

We are not responsible for the planning or setting out of any furniture.

The Company will place all furniture inside the completed marquee and it is the Hirer’s responsibility to arrange the layout of tables and chairs etc.

The Hirer must ensure that tables and chairs are folded and returned to the delivery area and are stacked for collection following use. A minimum charge of £50 will be levied to the Hirer for non-compliance in this instance. All furniture will be counted in and out with any shortages charged to the Hirer.

All timber furniture can only be used in dry conditions. Under no circumstance can any timbre chairs or tables be used or left in wet conditions e.g. rain, snow, sleet etc. If timbre furniture is being used outdoors, it is the Hirer’s responsibility to ensure all furniture is stored in doors after use. Should weather conditions change during use it Is the Hirer’s responsibility to ensure the furniture is removed to a dry storage area to prevent damage.

The Hirer may place candles on tables within the marquee. Placement should be responsible in that the candles should not be close to any flammable items, and that the candles themselves must be secured in suitable structured candlestick holders that keep the candles in place and prevent wax from damaging furnishing and the marquee fabrication. The Hirer must ensure the candles are extinguished at the end of the night. Any costs caused by candle wax or flame damage will be charged to the Hirer.

8. SITE CONDITIONS

The quotation for Hire Charges is dependent on a level firm site being provided with easy access for commercial vehicles.

It is expected that if flooring is ordered the ground will be suitably flat to accommodate the type of floor used. The Company cannot be held responsible for any uneven finish to the floor caused by any undulations on the surface beneath, the Hirer should arrange to level surfaces as much as possible prior to marquee erection.

If the marquee build is delayed or cancelled due to the site being ill prepared this may result in loss of the full Hire Charge and The Company cannot be held liable. Grass surfaces must be cut short and all debris including fouling by animals must be removed prior to the build.

If The Customer places any order for equipment and The Equipment cannot be installed due to the provision of incorrect information or instructions by The Customer then We shall not be liable for any costs, claims, losses, expenses, or consequential damages arising therefrom.

Any permissions required for the erection of any equipment by Us shall be obtained by The Customer and The Customer shall observe our cancellation terms at all times in the event that such permissions are not forthcoming.

Any estimates, quotes or guidance given by Us in respect of Hire Charges are given on the understanding that the site is flat, level, firm, and suitable for the use of equipment including suitable access for transport.

A site difficulty fee may apply or the Hire Contract if the site does not fall within the parameters set out therein or conditions prevail that materially affect the ability to proceed with the hire or increase the cost in doing so. The Customer will be notified of any additional costs associated with site difficulties prior to commencement of work.

The Customer will be notified of any specialised fixings required by The Company for The Equipment and the cost of any such fixings will be charged to The Customer.

Written quotations or the published price list may be amended by Us at any time if circumstance arise or obstacles are discovered on or relating to the site which were previously undisclosed by The Customer or unforeseen by either Us or The Customer.

The Hire Charges do not include the making good of the site by Us or any third party following the hire of any equipment.

9. SAFETY

For the safety of all concerned, the Hirer may not enter the structure or within 10 metres of the build area during the time the marquee is being built.

The Company cannot be held responsible for any injury or damage sustained by the public in or around the marquee during the hire period.

Under no circumstances should the Hirer alter or tamper with any electrical appliance or power lead following installation. This includes extension cables. The Hirer should not “plug in” any electrical appliance or power lead to existing extension cables without first discussing this with a company representative as this can lead to mains power being overloaded resulting in tripped fuse boxes.

The Customer will attain advice from a qualified electrician for any issue relating to electricity.

10. FORCE MAJEURE

While every effort will be made by The Company to carry out any hire order accepted, the full performance of it is subject to variation or cancellation by The Company consequent upon Acts of God, War, Strikes, Riots, Lockouts or any other disturbances, Fire, Flood, Storm, Gale or Tempest, restrictions on the use of Transport, Fuel or Power, Requisitioning Storage of material or transport or labour or any other cause beyond the control of The Company.

11. LIABILITY

The Company will not accept Liability and You may be liable for part/full hire fee:

When the marquee build is delayed or cancelled due to the site being inaccessible or ill prepared or in any instance where the site is deemed unsafe by company representatives.

Delay or cancellation due to adverse weather conditions.

Delay or cancellation due to the Hirer not obtaining appropriate permission from the public or local authority.

12. THIRD PARTY LIABILITY

The Company will not be responsible for, and the Hirer will indemnify The Company against, all claims for injury to persons, or loss of, or damage to, property, however caused, unless it be proved that such injury or damage resulted from faulty materials, workmanship, or negligence on the part of The Company.

13. THE HIRERS RESPONSIBILITY

The Hirer should not enter The Equipment while The Company is erecting. The Hirer should keep any part of The Equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.

The Hirershould not tamper with the structure or any part of The Equipment and in particular not affix or suspend from The Equipment any item whatsoever without written consent of The Company.

The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent In Writing of The Company.

The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization.

Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to The Company by the Hirer. Where appropriate obtain a licence from the Local Authority. Any requirements under the licence must be notified to Us In Writing, at least 28 days prior to erection.

14. NON-AVAILABILITY OF EQUIPMENT

If for reasons beyond our control any item of equipment booked is not available for the period of hire, We reserve the right to substitute an alternative size of marquee or other equipment to meet, as near as possible, Your requirements.

If We do so You will not have any claim against Us. In the event that We cannot substitute suitable alternative sizes of equipment We shall notify You of cancellation of the contract in which event any deposit or other monies paid by You will be refunded immediately, but otherwise no claim shall lie against Us.

15. WEATHER

If extreme weather is forecast during the hire period The Company has the right to decline the erection. This is for the safety of all concerned. Hirers will be liable for the full hire fee therefore must be aware of this possibility especially during the winter months.

Wind Management

There are two levels of warning:

Level 1 – when wind speed monitoring or forecasts register gusts of wind in excess of 75% operational maximum gust speed in conjunction with an increasing general trend of recorded wind speed. The Company will make The Customer aware the build may be delayed pending safer operating conditions. This could result in the cancellation of the build.

Level 2 – when wind monitoring, or weather forecasts register a gust wind speed in excess of 90% of operation maximum gust speed in conjunction with an increasing trend in wind speed The Company operational management plan will be implemented and the site secured against access by the public.

(Terms & Conditions last updated 20.10.2023 v.13)