Terms & Conditions

TERMS AND CONDITIONS

BACKGROUND: 

These Terms and Conditions are the standard terms for the hire of Equipment and, where applicable, associated Services, from Sunshine Events UK Ltd trading as The Fun Experts, a company registered in England under company number 06305643 of Unit 3 & 4 Riversway Enterprise Workshops, Chain Caul Way, Preston, PR2 2XU.

PRELIMINARY NOTE:

In order to assist understanding of these terms and conditions, we have provided “In English” summaries of important terms. They appear in bold at the end of each section. To make them easier to identify, the paragraphs commence with the words “In English:” Whilst these paragraphs are designed to aid readers understanding, such summaries do not constitute legally binding obligations on the part of either party. They are designed solely to improve reader experience and aid understanding of the underlying contract. The contract between the parties consists of the non-italicised parts of this document.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means Your booking for the Equipment and, where applicable, associated Services;

“Booking Confirmation” means Our acceptance and confirmation of Your Booking as described in Clause 2;

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

“Calendar Day” means any day of the year;

“Contract” means the contract for the hire of the Equipment (and where applicable Services) by You from Us, as explained in Clause 2;

“Deposit” means the sum payable at the time of Your Booking that is required to secure your Booking (some of which may be a Non-Refundable Deposit), in the event We do not require full payment of the Price at the time of making your Booking;

“Equipment” means any equipment, as specifically detailed in the Booking Confirmation, supplied by Us and hired by You subject to these Terms and Conditions;

“Hire Period” means the period for which You will hire the Equipment;

“Month” means a calendar month;

''Non- Refundable Deposit'' means part of the Deposit which is non-refundable, as notified to You before entering into the Contract.

“Price” means the total price payable for the hire of the Equipment (and where applicable, associated Services);

“Security Deposit” means the sum payable under sub-Clause 5.3 to cover the non-return, loss, theft or damage of the Equipment;

“Services” means the services provided with some Equipment (for instance the set up or supervision of Equipment);

“We/Us/Our” means Sunshine Events UK Ltd trading as The Fun Experts, a company registered in England under company number 06305643 of Unit 3 & 4 Riversway Enterprise Workshops, Chain Caul Way, Preston, PR2 2YL and includes all employees and agents of Sunshine Events UK Ltd trading as The Fun Experts; and

"Website"  means www.thefunexperts.co.uk and any other websites owned and maintained by Us that may be notified to You from time to time; and

“You/Your” means you, the hirer of the Equipment and/or the purchaser of our Services.

1.2 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.

1.3 Each reference to the singular number shall include the plural and vice versa where appropriate.

In English: We use these terms throughout this contract. They are the important things we have to refer back to a lot. Rather than having to write something akin to “War and Peace” every time, this keeps things a bit shorter. There’s also some ground rules on the use of language set out here, again generally to keep things shorter. 

2. The Contract

2.1 These Terms and Conditions govern the hire of Equipment from Us and, where applicable, the engagement of our Services and will form the basis of the Contract between Us and You. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

2.2 Nothing provided by Us including, but not limited to the Website, any sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that We may, at our discretion, accept.

2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Booking, indicated by Our Booking Confirmation. Upon receipt of Our Booking Confirmation, Your payment of the Price, or where applicable, Your payment of the Deposit will become due.  Booking Confirmations will be provided in writing upon acceptance of Your Booking and generally sent to you by email, unless we agree to send Booking Confirmations to you by different means.

2.4 No signature is required in order for this contract to be deemed accepted and binding upon both of the parties. The contract shall be deemed accepted at the point We issue the Booking Confirmation. 

In English: This document sets out the basis of our contract. Nothing we’ve said to each other before (or afterwards), nothing on our website, marketing or anything else forms part of the contract. It keeps things simple and avoids confusion. A legally binding contract is formed when we accept your order by sending you a booking confirmation, and not, for example. when you place your order with us – the logic behind this is you (very rarely) may ask us for something that we can’t deliver so we need to control what we accept and what we can’t. You don’t need to sign the confirmation for it to be binding. 

3. Your Obligations

3.1 When making Your Booking, You will be required to supply information as required by our staff. The provision of such reasonably requested information is essential in Booking for Us to complete Your Booking and a failure by You to supply Us with the necessary information may delay or impede us in accepting Your Booking.

3.2 The following conditions apply to Your hire and use of the Equipment:

3.2.1   The venue must have the required access, loading area and car parking necessary to allow the Equipment to be unloaded, set-up, operated, vehicles parked and Equipment loaded at the end of the event safely. We would advise that You check with Your venue if you are unsure and inform Us of any potential issues including stairs, lifts, distance, specific timings etc. Car parking costs will be chargeable to You in any event. Parking fines will be chargeable to You if incurred by Us where You have informed Us it is permissible to park in a specific location. All equipment and operational sizes are available on the website and it is your responsibility to ensure there is adequate space for the equipment to be set safely.

3.2.2 The area where the Equipment is to be set up is clean and clear from anything that may cause injury or damage to the Equipment or participators.

3.2.3 We reserve the right to refuse to perform or operate the equipment if We believe the venue is unsuitable or unsafe, similarly if access causes similar issue.

3.2.4 We will not be held responsible for any obstruction, nuisance or interference.

3.2.5 We will require notification if your event is within the congestion zone.

3.2.6 Safety is of paramount importance. The Equipment is designed for having ‘fun’ but You and Your participants must take responsibility for using it in a safe manner, as We cannot be held liable in the event of damages or incidents. You agree that You will, during the period of the hiring, be responsible for the supervision of the Equipment (unless it is expressly agreed that We will staff the Equipment as part of the Services), its care, safety from damage however slight or change of any sort, and the behaviour of all persons of all ages using the Equipment whatever their capacity. You should ensure that you hold the necessary insurance to cover yourself or staff in this instance.

3.2.7 We expressly exclude any liability for injury loss or damage caused to You or any person using the Equipment contrary to the terms and conditions of this Contract.

3.2.8 You will not use the Equipment for any purpose other than that described in the hiring agreement, and shall not sub-hire (without Our express prior written consent, not to be unreasonably withheld) or use the Equipment or allow the Equipment to be used for any unlawful purpose or in any unlawful way. 

3.2.9 We may, in exceptional circumstances and at Our sole discretion decide that the performance / Equipment should be closed down and if this is the case, the full Price will remain payable. Circumstances in which We may exercise this right include (but are not limited to): participants acting in an abusive or aggressive manner to Our operatives or each other; participants are under the influence of excessive alcohol or drugs; the conditions are proving to be too dangerous to continue to safely operate the Equipment.

3.2.10.a Where applicable, You must ensure that a 13amp mains power supply is available unless a generator has been specified on Your contract as required and being provided. If a 13amp power supply is to be used You must ensure that it is within 30 meters from the main power source. Should it transpire that no power supply is available, or the power supply not be adequate to fulfill this contract, then the full Price shall still be payable by You.

3.2.10.b Where in any instance you are supplying power via a generator, you must ensure that an individual is available to relocate and operate the generator as required to ensure that we are able to deliver our obligation to you. Where a generator is being sourced / provided by You, this must be a diesel generator and not a petrol generator. Should a petrol generator be supplied, then the equipment will not be plugged in and the full Price shall still be payable by You for your hire from Us. Details of the power requirements needed can be obtained from The Fun Experts prior to your event and you must ensure that you inform us at the time of booking, you intend to provide power from a generator (and that this is a diesel generator).

3.2.11 You must ensure that any users of the Equipment use common sense at all times. This includes not wearing shoes, spectacles, carry sharp objects, key rings, metal studded clothing or any other similar items liable to cause damage to Equipment or other users. 

3.2.12 You must notify Us if there are any underground services, cables or pipes where Equipment is going to be sited.

3.3 The following conditions, as specifically required by Our insurers, will also apply to Your hire and use of the Equipment:

3.3.1 Equipment must be operated in accordance with manufacturers’ recommendations;

3.3.2 Equipment must be set up (and where applicable fully secured to the ground) as per the manufacturers’ recommendations;

3.3.3 All Equipment which is inflatable and mechanical must be erected by Us or our suitably experienced employees;

3.3.4 No person(s) who are visibly intoxicated through alcohol, drugs or any other intoxicating substance shall be permitted to use any Equipment;

3.3.5 When Equipment is operated by You, it must be supervised at all times by a responsible person who is at least 18 years of age;

3.3.6 No food, drink, chewing gum or smoking is permitted on any inflatable or leisure play Equipment;

3.3.7 Adults (aged 17 or above) and children (aged 16 years or under) are not permitted to use inflatable or leisure play Equipment at the same time;

In English: This clause sets out your obligations when hiring equipment from us and/or engaging our services (other than having lots of fun of course!). First up, our staff may have lots of questions to make sure your event is perfect for you. You agree to give them all the info they need. The clause also covers the ground rules to ensure that any equipment can be set up and operated (e.g. access, a suitably sized area being available with a power supply if required). It also covers the ground rules for the safe use of the Equipment. We want everyone who takes part to have lots of fun but to stay safe. 

4. Hire Period

4.1 The Hire Period shall be chosen in Your Booking and confirmed in Our Booking Confirmation.

4.2 You may be able to extend the Hire Period (subject to the Equipment not being required for another customer) by contacting Us via telephone, however, this will not be possible where the Equipment has been booked by a third party.  The cost of any Extended Hire Periods shall be confirmed by Us as at the point of Our confirmation that the Equipment is available for the extended Hire Period You have requested.

In English: The booking confirmation we send you will set out the precise hire period – check this when you get it to be sure it’s right! Occasionally, you may wish to extend the hire period of equipment (because it’s so much fun) – we’ll try to accommodate this wherever possible, but we may not always be able to do this if someone else has booked the equipment straight after you. Give us a call and we’ll confirm if you can extend the hire period. If we can help you we’ll confirm this in writing with a new booking confirmation, which will also set out the additional charges. 

5. Fees and Payment

5.1 When placing Your Booking, You will be required to pay the Price in full. In certain circumstances, and at Our sole discretion, payment of the Price may be deferred to a date nearer to the date of your event but in such circumstances, a Deposit may be required to secure Your Booking. The acceptance of a Deposit rather than requiring full payment of the Price at the point of making Your Booking is at Our sole discretion.

5.2 The Price for the Equipment and Services (where applicable) will be that advised to you by Us at the time of placing Your Booking.

5.3 In certain circumstances a Security Deposit may be required when You collect the Equipment at the start of the Hire Period.  In such cases, We will not release any Equipment to You without the payment of the Security Deposit.  The Security Deposit will be retained by Us in full or in part if any Equipment is not returned, lost, stolen or damaged in any way. You will remain liable for any additional charges, fees and the balance of the value of the Equipment, or the cost of its repair, over and above the amount of the Security Deposit.  

5.4 The Booking Amount includes a Non-Refundable Deposit. A Non-Refundable Deposit would cover costs and / or expenses incurred on Your behalf that we may not be able to recoup elsewhere, including discussions with logistics to check equipment suitability, allocating the Equipment so that it cannot be hired out to others, and working time incurred in connection with the Contract.

5.5 All Prices will be subject to VAT, currently at 20%.  If the rate of VAT changes between the date of Your Booking and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from You.

5.6 In the event any sum falls overdue, We reserve the right to charge you interest and seek compensation on the same in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% over the Bank of England Base Rate together (calculated daily) together with statutory compensation, currently £40.00 for debts up to £999.99; £70.00 for debts between £1,000.00 and £9,999.99 and £100.00 for debts of £10,000.00 or more. 

In English: When you make a booking with us, you will normally be required to pay in full at that point. Sometimes we may agree to defer payment, but that’s our choice. This is our policy to ensure we can supply the best equipment and service to you. If you are collecting an item from us we ask for a security deposit before we release equipment. If it gets damaged or lost or stolen then we’ll use the security deposit towards the cost of replacement or repair, but that may not always be enough to cover the loss so we may require more to cover the balance.  In certain circumstances we may also ask for a non-refundable deposit to cover costs / expenses we incur in connection wityh your booking that will be lost and we will be unable to recoup elsewhere if your booking is cancelled. All prices are subject to VAT. If you don’t pay us on time, then interest and compensation may be recovered by you in the rates and amounts set by law. 

6. Cancellation

6.1 You may cancel or postpone Your Booking at any time before the start of the Hire Period subject to the following:

6.1.1 For Bookings cancelled or postponed less than 60 days before the start of the Hire Period, there will be a charge of 100% of the Price and all sums will be retained by Us;

6.1.2 For Bookings cancelled or postponed more than 60 days before the start of the Hire Period, there will be a charge of 75% of the Price;

6.1.3 In situations where you have only paid a part payment and You cancel or postpone a Booking in circumstances detailed above that cause a sum greater than the amount of the Deposit to be payable to Us, the balance of such sums shall be paid to Us by You within 7 days of You cancelling or postponing the Booking;

6.1.4 In situations where you have not paid a Deposit and You cancel or postpone a Booking in circumstances detailed above, any sums due shall be paid to Us by You within 7 days of You cancelling or postponing the Booking;

6.1.5 In cases where sub-contractors are being used in respect of Your event, their own terms and conditions may apply in addition to the above terms. 

6.1.6 In cases where a Non-Refundable Deposit has been requested, such deposit will be retained by us in the event of cancellation or postponement.

6.1.7 Your booking with Us has seen you enter a contract whereby there is no cooling off period following the booking confirmation being emailed to you. Your Invoice forms this booking confirmation. 

6.2 Cancellations or postponements must be communicated to Us by You and will not be deemed accepted by Us until We have issued you with a reference number. Reference numbers confirming acceptance of Your cancellation or postponement shall be issued by Us as soon as reasonably practicable and the effective date of cancellation or postponement shall be provided with the reference number together with details of any refund due or alternatively additional sums due to Us by You. 

6.3 Any balance held in respect of postponed event is valid towards a new event date if it is within twelve months from the original event date. This must be a mutually agreeable date and it is the responsibility of the customer to be aware of the expiry date and act accordingly.

In English: When you make a booking with us, we allocate both equipment and resources. Sometimes, we’ll get enquiries about events that we can’t fulfil because someone else has already made a booking for that equipment at the same time. We therefore sometimes have to turn people down. We’re telling you all of this to explain our cancellation and postponement policy. If you cancel or postpone an event even with over a months notice, we’ve still incurred costs and charges in setting up the event, getting things ready and allocating resources. Our admin staff work really hard and there’s lots of things involved in setting up an event and making sure everything is in the right place, at the right time, with the right staff to manage it. We may also have turned other business down because of your booking.  The closer you get to your event before booking, the larger the cancellation or postponement charge we have to levy, as we do more preparatory work in the weeks immediately before an event and, more significantly, the chances of reselling the event at such short notice are much lower. We try to be fair about this and trust you understand why this policy is necessary. As per national guidance, there is no cooling off period once you enter this contract with us and your invoice and booking confirmation sent, given the service type being booked. 

7. Collection / Delivery and Return

7.1 The Hire Period begins on the date and time stated in the Booking Confirmation.  This is the time from which the Equipment will either be ready for collection from Us or the time by which the Equipment will be delivered to You as agreed at the time of making Your Booking and confirmed in the Booking Confirmation.

7.2 You should check the Equipment at the time of collection or delivery.  If there are any items missing or if there is any visible damage to the Equipment, You should inform Us immediately, before leaving our premises or, in the case of delivery, our operatives leaving the site.  We will use all reasonable endeavours to replace missing items or damaged Equipment however, the equipment is your responsibility from the point of collection or delivery until it is returned either by or You or Us. 

7.3 The Hire Period ends at the time and date stated in the Booking Confirmation.  Any Equipment returned late will incur an excess charge. This will be calculated pro-rata per item and per day.  In the case of Equipment You are returning to Us, such Equipment may be returned early provided we are open, however We are unable to issue any refunds of any kind for early returns.

In English: This covers the length of the hire period (it's set out on your Booking confirmation) and each of our responsibilities. Most of the time we will be delivering but sometimes for smaller items you will collect. We ask you to check the equipment when you either collect it or when we deliver it. If things aren’t right we want to fix them for you and we also want to be sure we both understand the condition of equipment at the point you first take possession of it. This helps in the case of damage in establishing who caused it. The booking confirmation covers when the equipment must be returned by – if we’re collecting then that’s fine, but if you are returning it, then make sure you return things on time, and when we’re open, to avoid us having to make any additional charges. We can’t offer any refunds for early return. 

8. Insurance

We carry public liability insurance for 10 million pounds and it is subject to the terms and conditions of this contract being complied with. Public liability insurance is excluded in its entirety following any claim or injury to any third party or employee where such injury is directly or indirectly related to the use of drugs and/or alcohol.

In English: We carry public liability insurance of £10,000,000.00 for your protection. In order for it to remain valid you must abide by the rules set out in this contract (particularly in clause 3). You’ll appreciate that the insurance won’t cover injuries relating to drug use or alcohol. 

9. Loss and Damage

9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Equipment, save for loss or damage that occurs solely as a consequence of fair wear and tear, as reasonably determined by Us.  

9.2 Any charges due under this Clause 9 will firstly be taken out of Your Security Deposit (if applicable).  If the cost of repairing the damage or replacing the Equipment is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.

9.3 You will not be responsible for any pre-existing damage to Equipment that has already been identified under sub-Clause 7.2 at the time of collection / delivery.

In English: If you damage the equipment then you're responsible for paying for any repairs or its replacement. This doesn’t include damage caused by fair wear and tear or any pre-existing damage. We want to be sure the equipment is in good condition for everyone else.  

10. Our Liability

10.1 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.

10.2 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.

10.3 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.

10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your rights as a consumer (if applicable).

11. Events Outside of Our Control (Force Majeure)

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: traffic and / or inclement weather affecting delivery of Equipment to a location by a specified time, inclement weather rendering the use of Equipment impossible, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond Our control. Time shall not be of the essence in this contract. 

In English: Force Majeure is a legal term that roughly translates as “superior force”. These are where matters out of either of our control cause either us to fail to provide you with something or make us late. They include what some people call “Acts of God” e.g. floods, fire, or severe weather etc. Force Majeure also include more modern problems such as power cuts, the internet “going down”, “traffic jams” and other such issues. Basically we’re both agreeing that if something like this happens and causes us to fail to provide you with something or to be late, we won’t be liable for this. 

12. Communication and Contact Details

If You wish to contact Us for any reason, You may contact Us in person at our office, by telephone on 0800 086 2380 during office hours on a Business Day or on 07946 436128 out of office hours or on a non Business Day (but only in the case of emergency relating to an event taking place prior to Us next re-opening for business), by email at info@thefunexperts.co.uk (only monitored during office hours on Business Days), or by pre-paid post at Sunshine Events UK Ltd trading as The Fun Experts, Unit 3 & 4 Riversway Enterprise Workshops, Chain Caul Way, Preston, PR2 2YL.

In English: This sets out all of our contact details. The emergency mobile number is for out of hours queries relating to an event taking place at that time. 

13. How We Use Your Personal Information (Data Protection)

13.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of, as of May 2018, the General Data Protection Regulation (GDPR) and Data Protection Act 2018.

13.2 We may use Your personal information to:

13.2.1 Provide Our products and services to You;

13.2.2 Process Your payments; and

13.2.3 Inform You of new or alterative products and services available from Us.  You may request that We stop sending You this information at any time.

13.2.4 Include Your event in our online and offline marketing. Please request that We do not do this if required by Yourselves. 

13.3 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.

In English: This governs how we will use any information we collect from you. First and foremost we will comply with the Data Protections Laws. We take this responsibility very seriously. We will use your information to help provide you with tip top products and services, process any payments, and to occasionally inform you of new or alternative products or services. You can opt out of this at any time. Finally, we won’t pass your details on to anyone else without obtaining your permission first. 

14. Other Important Terms

14.1 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.

14.2 When hiring The Fun Experts, you understand that our team and equipment will be branded as such - wearing branded uniform (usually in the form of black crew neck t shirts, hooded tops - the logo available on view on the front left, right arm and back). Should you require the team be 'unbranded' (teams to wear plain black or client uniform) for whatever reason, this must be informed during the booking stage. Note equipment can not be unbranded. 

14.3 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.

14.4 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.

14.5 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.

14.6 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.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

15.2 Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.

In English: Here’ we’re agreeing that this document is made under English and Welsh Law and we agree that the English and Welsh Courts will have jurisdiction (i.e. the power and the right) to decide any issues under this Agreement.