TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms for the hire of tents by, The Deer Park Glamping, trading as Milas Garden Glamping a Limited company registered in England under number 13239593, whose registered address is Masterlord Office Village 6 West Road, Ransomes Europark, Ipswich, England, IP3 9SX and whose main trading address is Bishopsdale, Biddenden, Ashford, Kent TN278DR
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Accidental Damage Waiver”
means a fee paid by You which covers any accidental damage to Tents that would otherwise incur charges, as explained in Clause 10;
“Advance Order”
means Your order for the Tent(s);
“Advance Order Confirmation”
means Our acceptance and confirmation of Your Advance Order as described in Clause 3;
“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 Tent(s) by You from Us, as explained in Clause 3;
“Deposit”
means the sum payable at the time of an Advance Order that is required to secure the Advance Order;
“Hire Agreement Form”
means the form completed and signed by You specifying the details of Your Tent hire for Same Day Hire;
“Hire Period”
means the period for which You will hire the Tent(s);
“Month”
means a calendar month;
“Price”
means the total price payable for the hire of the Tent(s);
“Same Day Hire”
means same day Tent hire without an Advance Order;
“Security Deposit”
means the sum payable under sub-Clause 7.5 to cover the excessive wear and tear, excess cleaning requirements, non-return, loss, theft and non-accidental damage of the Tent(s);
“Tent”
means a tent supplied by Us and hired by You subject to these Terms and Conditions;
“We/Us/Our”
means The Deer Park Glamping, trading as, Milas Garden Glamping a Limited Company registered in England under number 13239593, whose registered address is Masterlord Office Village 6 West Road, Ransomes Europark, Ipswich, England, IP3 9SX and whose main trading address is Bishopsdale, Biddenden, Ashford, Kent TN278DR
“You”
means you, the hirer of the Tent(s).
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 the singular number shall include the plural and vice versa where appropriate.
2. Information About Us
2.1 The Deer Park Glamping, trading as, Milas Garden Glamping a Limited Company registered in England under number 13239593, whose registered address is Masterlord Office Village 6 West Road, Ransomes Europark, Ipswich, England, IP3 9SX and whose main trading address is Bishopsdale, Biddenden, Ashford, Kent TN278DR
3. Orders, Same Day Hire and The Contract
3.1 These Terms and Conditions govern the hire of Tents from Us and will form the basis of the Contract between Us and You. Before completing Your Advance Order or Hire Agreement Form, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Advance Order or completed Hire Agreement Form constitutes a contractual offer that We may, at our discretion, accept.
3.3 For Advance Orders, a legally binding contract between Us and You will be created upon Our acceptance of Your Advance Order, indicated by Our Advance Order Confirmation (booking form), and Your payment of the Deposit. Order Confirmation will be provided in writing via email.
3.4 For Same Day Hire, a legally binding contract between Us and You will be created upon Our acceptance of Your Hire Agreement Form, indicated by Our signing the Hire Agreement Form and Your payment of the Price.
3.5 While We use all reasonable endeavours to ensure that a full range of products is kept in stock at all times, Same Day Hire will always be subject to availability.
4. Tents
4.1 We use all reasonable endeavours to ensure that all Tents are maintained, kept clean and/or replaced as necessary.
4.2 All Tents are supplied with set up instructions. If You are unsure about any aspect of pitching Your Tent(s), Our staff will be able to provide additional help when you collect the Tent(s).
5. Your Obligations
During the Hire Period You must ensure that the following rules are followed:
5.1 No heating or cooking equipment is to be used inside the Tent(s) without Our express written approval unless it is supplied by Us;
5.2 Smoking is not permitted in the Tent(s);
5.3 When leaving the Tent(s) unattended and unoccupied it/they must be left as secure as its/their design allows;
5.4 In extreme weather conditions such as strong winds extra care must be taken to ensure that the Tent(s) is/are properly and securely fastened down. If additional equipment such as collapsible canopies and porches are included in the Tent(s), these should be collapsed and securely stowed until the extreme weather passes;
6. Hire Period
6.1 The Hire Period shall be chosen in Your Advance Order and confirmed in Our Advance Order Confirmation or should be specified in the Hire Agreement Form in the case of Same Day Hire.
6.2 Unless it is expressly stated otherwise, the Hire Period is between 8am & 1pm on the first day of the Hire Period and ends between 11am and 4pm on the final day of the Hire Period as confirmed in the Advance Order Confirmation or in the Hire Agreement Form.
6.3 Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed this period.
6.4 You may extend the Hire Period by contacting Us by telephone, by e-mail, in person. Extended Hire Periods shall be charged at 20% of the minimum hire rate for each additional day
7. Fees and Payment
7.1 When placing an Advance Order, You will be required to pay a Deposit of 50% of your total invoice to secure your booking. If hiring 4 or more tents you will be required to settle the final 50% of the balance 4 weeks prior to your event, in addition £120 per tent as a refundable security deposit is required at final invoice.
7.2 The Price for the hire will be that shown in your invoice, which is current at the time of Your Advance Order or Same Day Hire.
7.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Advance Orders placed during such a period will be accepted at the special price even if We do not accept the Advance Order until after the period has expired.
7.4 The balance of the Invoice should be made when we deliver the Tent(s) at the start of the Hire Period, if hiring less than 4 tents.
7.5 A refundable Security Deposit of £120, per tent is to be paid by credit or debit card at the time of the final invoice. We will not release any Tent(s) to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Tent or any part thereof is not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.
8. Changes and Cancellation of Advance Orders
8.1 You may change Your Advance Order at any point up until 4 weeks before the start of the Hire Period. All changes must be requested by email and will be confirmed by us in writing. We will use reasonable endeavours to accommodate Your request, but all changes will be subject to the availability of equipment. The Price due may change to reflect the changes to your Order and outstanding sums due will be altered accordingly, or you will be refunded the appropriate sum if you have already paid a Deposit and the new Price is lower.
8.2 You may cancel Your Advance Order at any time before the start of the Hire Period subject to the following:
8.2.1 For Advance Orders cancelled more than 4 weeks and one day before the start of the Hire Period, there will be no charge and any sums you have already paid to us for the Advance Order will be refunded in full.
8.2.2 For Advance Orders cancelled 4 weeks or less before the start of the Hire Period, You will be required to pay a cancellation fee that amounts to 50% of your order (or, if You have already made any payments to us for the Advance Order, We will retain the fee from that amount).
8.3 We may, at our sole discretion, reduce or waive any of the charges detailed above if your cancellation is due to exceptional circumstances.
9. Collection, Hire and Return
9.1 The Hire Period begins between 8am and 1pm on the date stated in the Advance Order Confirmation or on the Hire Agreement Form.
9.2 You should check the Tent(s) at the time of collection. If there are any parts missing or if there is any visible damage to the Tent(s), You should inform Us immediately, before leaving the collection depot. We will use all reasonable endeavours to replace missing parts or damaged Tent(s). If We are unable to replace missing parts or damaged Tent(s) and the alternatives We are able to offer are not suitable for Your purposes, You will receive a full refund of any sums already paid to Us.
9.3 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. If You discover any damage (pre-existing) or fault with the Tent(s) during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Tent(s). If We are unable to replace or repair the Tent(s), or if You would prefer to reject the damaged or faulty Tent(s), whether before or after a repair or replacement (if the replaced or repaired Tent(s) are still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 2 business calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.
9.4 The Hire Period ends between 10am and 4pm on the date stated in the Advance Order Confirmation or on the Hire Agreement Form. Any Tent(s) returned late will incur an excess charge of 20% of the cost of the minimum hire period per Tent, per day, if You fail to return the Tent(s) before Our office closes on the day the Tent(s) is/are due to be returned. Tents may be returned early, however We are unable to issue any refunds of any kind for early returns.
10. Accidental Damage Waiver, are not offered
11. Loss and Damage
11.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to the Tent(s) that include, Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;
11.2 Any charges due will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Tent(s) is higher than the sum of the Security Deposit, You will be required to pay any excess sum.
11.3 You will not be responsible for any pre-existing damage to the Tent(s) that has already been identified under sub-Clause 9.2 at the time of set up or collection, or for any damage or faults that are discovered under sub-Clause 9.3 during the Hire Period.
11.4 Full details of all charges are available on request.
12. Our Liability
12.1 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.
12.2 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.
12.3 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.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact U, your local Citizens Advice Bureau or Trading Standards Office..
13. Events Outside of Our Control (Force Majeure)
13.1 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: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
13.2.3 If the event outside of Our control continues for more than 4 week period, We will cancel the Contract and inform You of the cancellation in writing;
13.2.4 If an event outside of Our control continues for more than a 4 week period and You wish to cancel the Contract, You may do so by informing us in writing;
13.2.5 If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding cancellation charges and the retention of sums paid shall not apply.
14. Communication and Contact Details
If you wish to contact Us with questions or complaints, you may contact Us by telephone at 07507 711057 or by email at info@milasgardenglamping.com
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from info@milasgardenglamping.com
15.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Tent(s), please contact Us in one of the following ways:
15.3.1 By email, addressed to Sara Di Carlo info@milasgardenglamping.com
15.3.2 By contacting Us by telephone on 07507 711057
16. How We Use Your Personal Information (Data Protection)
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website.
17. Other Important Terms
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.