Yurt Hire Terms and Conditions

White Horse Yurts Terms & Conditions of hire
(Consumers)

1. DEFINITIONS
1.1 In these terms & conditions:-
"Conditions" means these terms and conditions of hire;
"Contract" means the contract between the Company and the Client for the hire of the Equipment, subject to these Conditions,
"Company" means White Horse Yurts, a company based in Scotland and having its registered office at 6 Main Street, Carnwath, Lanarkshire, ML11 8JZ, United Kingdom.
"Client" means the person hiring the Equipment from the Company subject to these Conditions;
"Deposit" means the deposit set out in the Order and payable to the Company by the Client in accordance with Condition 6.2;
"Dismantling" means the dismantling and removal of the Equipment from the Site by the Company;
"Equipment" means the yurt(s), tent(s) and other materials specified on the Order;
"Hire Charge" means the fees and charges payable by the Client to the Company as specified on the Order;
"Order" means the Client's order to the Company in the form issued by the Company to the Client containing details of the Equipment, the Site, the Order and the Hire Charge;
"Set Up" means the set up and erection of the Equipment on the Site by the Company;
"Site" means the location that the Equipment will be erected upon, as specified in the Order;
"Hire Period" means the period commencing on the completion of the Set Up of the Equipment by the Company and ending upon the commencement of the Dismantling of the Equipment by the Company.

2. APPLICABLE TERMS & CONDITIONS
2.1 All Contracts entered into, quotations made and Orders accepted by the Company are subject to these Conditions. No other terms and conditions shall apply. Notwithstanding anything which may be stated or implied in correspondence with or any order form submitted by the Client at any time, these Conditions shall apply (save as herein provided) to the exclusion of all other terms and conditions and any variation of these Conditions will only be valid if confirmed in writing by a Director of the Company.
2.2 Nothing in any printed price list issued by the Company shall be deemed to constitute an offer and the Company reserves the right to refuse or accept any order. The placing of an Order by the Client shall constitute the irrevocable acceptance by the Client of these Conditions. The Company shall be entitled to accept or reject any Order for the hire of Equipment from the Client.

3. THE COMPANY'S OBLIGATIONS
The Company shall:-
3.1 Deliver the Equipment and proceed to erect it prior to the Hire Period; and
3.2 Dismantle and remove the Equipment from the Site on or after the Hire Period.

4. THE CLIENT'S OBLIGATIONS
The Client shall:-
4.1 Ensure that the Site is reasonably clear of debris and obstacles prior to an agreed Set Up date, and provide the Company with reasonable access to the Site to inspect the Site at the mutually convenient time prior to the Hire Period;
4.2 Provide the Company a reasonable period of time prior to the Hire Period with an accurate plan showing the position in which the Equipment is to be erected and all underground cables, pipes and other services and any apparent obstacles which may affect the erection of the Equipment; or the Client shall make available a representative on the Site for that purpose. In the absence of both then the Company shall be entitled to erect the Equipment on the Site where it thinks fit. The Client agrees that the Client and not the Company shall be responsible for any damages to any underground cables, pipes and other services;
4.3 be responsible for and shall obtain any and all permits, permissions, notifications and licences that may from time to time be required from any competent authorities who are or may be concerned in connection with the erection of the Equipment at the Site, and the Client shall be responsible for making any notifications that may be required to any planning authority, district surveyor, police, fire brigade or similar authority or organization. Any costs incurred by the Company as a consequence of any delays or modifications in the work arising from any absence or misrepresentation of any such permits, permissions, notifications and licences shall be payable to the Company by the Client in addition;
4.4 where appropriate, be responsible for obtaining a licence from the relevant Local Authority in connection with the erection of the Equipment at the Site. Any requirements under any such licence must be notified to the Company by the Client in writing, at least 28 days prior to the Hire Period. Should the Company for any reason be unable to comply with these requirements, then the Company shall notify the Client and the Contract shall be deemed to have been cancelled by the Client;
4.5 if any part of the Equipment includes electrical apparatus, provide such power points or supply as may be reasonably required by the Company within 15 metres of the Equipment;
4.6 not enter, or permit any unauthorised person to enter, the Equipment whilst it is being erected or dismantled by the Company;
4.7 keep any part of the Equipment that is a tent or yurt completely closed and secure and in particular any door fastened when not in use;
4.8 use the Equipment in a reasonable manner;
4.9 take reasonable care of the Equipment at all times, and not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company;
4.10 not light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company. Smoking within or close to the yurt not permitted at any time. Wood burning stove within the yurt to be used at the clients own risk, fire extinguisher supplied by White Horse Yurts to be used at clients own risk, client responsible for familiarising themselves with the general instructions and the safety instructions printed on the side of the fire extinguisher. It's the clients responsibility to check the pressure gage, check if the fire extinguisher is full and check if the correct fire extinguisher is supplied by White Horse Yurts. White Horse Yurts to be contacted directly if the fire extinguisher is faulty, the instructions on the fire extinguisher are missing or the incorrect fire extinguisher is supplied by White Horse Yurts. Fire extinguisher not to be tampered with by client during the hire period of the yurt. Fire extinguisher located near the exit door inside the yurt. Fire extinguisher only to be used in emergency.    
4.11 be responsible for using the Equipment during the Hire Period in full compliance with any use or safety guidelines brought to the attention of the Client by the Company, and not tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company's prior written consent;
4.12 that any person inside or within the vicinity of the Equipment takes reasonable care of the Equipment and does not conduct himself or herself in any manner that may be unsafe or cause damage to the Equipment or harm to any person. The Client accepts that the Company does not provide a manned service at all times in relation to the Equipment, and is not responsible for the conduct or negligence of the Client or any third party. The Client agrees to take special care if the Equipment includes a wood burning stove, the use of a wood burning stove within our yurts is entirely at the clients or any third parties own risk; and
4.13 at all times allow the Company or its agents or servants to have reasonable access to the Site and to the Equipment to inspect, test, adjust, repair, replace or remove same.

5. VARIATIONS
5.1 The Hire Charge is based on the assumption that the Site includes a suitable, firm and level site of turf or any other material capable of absorbing rainwater, is free from flooding, trees and overhead obstruction, and is served by a firm and adjacent access road with adequate hard-standing for commercial vehicles and trailers. If this is not the case, or if the Client wishes the Company to erect the Equipment in a different position on the Site to the one indicated by the Client to the Company at the time of booking, and in either event the costs to the Company are subsequently increased as a result of the change in circumstances, then the Company may increase the Hire Charge in accordance with the Company's published price list and hourly labour rates in force from time to time upon giving prior written notice to the Client
5.2 The Company will use all reasonable endeavours to erect and hire the Equipment to the Client as set out in the Order, but in the event that this is not reasonably possible the Company may erect the Equipment in a different configuration and/or reposition the Equipment on the Site.

6. PAYMENT
6.1 The Company shall be entitled to invoice the Client for the Hire Charge, including the Deposit and the Damage Waiver Fee (if applicable) and any agreed third party charges following the Company's acceptance of the Client's Order.
6.2 The Client shall pay:
6.2.1 the non refundable 50% Deposit to the Company within fourteen (1) days of the date of the Company's invoice for such charges;
6.2.2 the balance of the Hire Charge (being the Hire Charge less the Deposit, including the Damage Waiver Fee, if applicable) together with any agreed third party charges to the Company no later than one (1) calendar months prior to the Hire Period.
6.3 The Company reserves the right not to provide, erect or hire the Equipment to the Client if the Client is in material breach of the Contract, including but not limited to if the Client fails to pay timeously any sums payable by the Client to the Company.

7. INSURANCE, LOSS OR DAMAGE OR EXCESSIVE SOILING
7.1 The Client shall throughout the Hire Period be responsible for the maintenance and safe custody of the Equipment.
7.2 The Client must be satisfied with the Equipment before use and shall notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment prior to the commencement of the Hire Period.
7.3 The Equipment shall be at the risk of the Client during the Hire Period.
7.4 The Client shall be responsible for insuring the Equipment during the Hire Period, and shall provide to the Company adequate proof of having arranged adequate insurance in the name of the Client (and with the Company's interest noted on such insurance policy) with a reputable insurer at least fourteen (14) days prior to the Hire Period.
7.5 The Client shall be responsible for any and all loss or damage to the Equipment during the Hire Period whatsoever the cause (except any loss or damage caused by the Company's negligence) and the Client shall fully indemnify the Company against any loss or damage to the Equipment during the Hire Period (except any loss or damage caused by the Company's negligence).
7.6 The Client is always liable to the Company for the first Five Hundred Pounds (£500) Sterling of any loss to the Equipment and for any loss or damage caused intentionally, or resulting from the Client's gross negligence.

8. FURTHER UNDERSTANDINGS

8.1 Title to the Equipment shall remain with the Company at all times.
8.2 The Company shall not be responsible for, and the Hire Charge does not include, making good any repairs to the Site unless caused by the negligence of the Company's servants, agents or contractors.

9. CANCELLATION
9.1 Either party shall have the right to cancel the Contract without penalty, no later than seven (7) days from the date the Company accepts the Client's Order, by sending written confirmation of such termination to the other party within such seven (7) day period. In the event of such termination by either party the Company shall refund all sums already paid by the Client to the Company.
9.2 The Client may cancel the Contract at any time after the period ending seven (7) days from the date the Company accepts the Client's Order but prior to the date falling one (1) calendar month from the Hire Period. If the Client exercises this right, the Company shall be entitled to keep the Deposit. The Client agrees that the Company shall be entitled to keep the Deposit on the basis that these sums represent a genuine pre-estimate of the Company's loss as a result of the cancellation of the Contract and the Client's loss of these sums is not a penalty upon the Client for cancellation of the Contract.
9.3 If the Client cancels the Contract at any time after the date falling one (1) calendar month from the Hire Period then the Client shall not be entitled to a refund of the Hire Charge (including the Deposit) already paid to the Company. If the Client has not already paid such sums, these will remain due to the Company. The Client agrees that these sums represent a genuine pre-estimate of the Company's loss as a result of the cancellation of the Contract and the Client's loss of these sums is not a penalty upon the Client for cancellation of the Contract.
9.4 If the Client cancels the Contract pursuant to Conditions 9.2 and 9.3 and the Company is able to re-let the Equipment to a third party for the Period of Hire, then the Client shall not be required to pay the sums set out in Conditions 9.2 and 9.3, but shall instead pay a reasonable administration charge based on the costs incurred by the Company in re-letting the Equipment which in any event shall not exceed 50% of the Hire Charge. The Client agrees that such administration charge represents a genuine pre-estimate of the Company's loss as a result of the cancellation of the Contract and is not a penalty.

10. HIGH WINDS

In the event of high winds (or in the Company's reasonable anticipation of high winds due to a weather forecast of high winds), the Company shall be entitled to reposition the Equipment on the Site, erect the Equipment in a different configuration and to prevent people from entering the Equipment for safety reasons. In exceptional circumstances, the Company reserves the right to cancel the Contract if it is not possible to erect and maintain the Equipment due to high winds, and in such circumstances the Company will refund fifty per cent (50%) of the Hire Charge to the Client.

11. TERMINATION
Either party may terminate any Contract forthwith by notice in writing if:
11.1 the other party commits any material breach of these Conditions (including without limitation obligations concerning the time for payment of the fees) PROVIDED if such breach is remediable that the party not in breach has first given to the other party notice of such breach and the same has not been remedied within seven (7) days of the issue of such notice;
11.2 being an individual, the other party shall die or be sequestrated or become apparently insolvent;
11.3 being a company, the other party shall call any meeting of its creditors, enter into any liquidation, or have a receiver, administrator or administrative receiver appointed any of its assets or administrator; or
11.4 the other party is unable to pay its debts as they fall due.

12. SURVIVAL OF CONDITIONS
Upon termination of the Contract for any reason, any sums payable by the Client to the Company shall immediately become due and any Condition which expressly or by implication should survive termination in order to give effect to its intention shall survive termination of the Contract.

13. LIABILITY
13.1 The Company will use reasonable endeavours to complete the erection of the Equipment prior to the Hire Period, provided that the Client has complied with its responsibilities under these Conditions.
13.2 The Company shall not be liable to the Client, nor shall the Client have the right to terminate the Contract, if the Company is prevented from or delayed in performing any of its obligations under that Contract (including but not limited to the erection and positioning of the Equipment on the Site) for any reason without the reasonable control of the Company including without prejudice to the foregoing generally any act of God, war, strike, lockout or other labour dispute, fire, flood, severe weather, high winds, government act, order or legislation.
13.3 The Company will take all reasonable care to avoid damage to the Clients' property but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company's servants, agents or contractors.
13.4 The Company shall have no liability to the Client for any indirect or consequential loss whether arising through breach of contract, negligence or on any other common law or statutory basis.
13.5 Other than as required by law, no conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the Contract. The Statutory rights of the Client shall be unaffected.
13.6 Nothing in these Conditions shall limit or exclude the Company's liability for death or personal injury caused by its negligence or for any other liability that cannot be limited or excluded by law.

14. DATA PROTECTION
The Company shall abide by the terms of the Data Protection Act 1998 in connection with any personal data relating to the Client.

15. THIRD PARTY LIABILITY & INDEMNITY
The Company will not be responsible for, and the Client will indemnify the Company against, all claims, costs and expenses against the company relating to death or personal injury to any person, or loss or damage to property howsoever caused unless it be proved that such death, personal injury or loss or damage was caused by faulty material or workmanship or negligence on the part of the Company.

16. NO WAIVER
None of these Conditions shall be considered to be waived by the Company unless the waiver is given in writing by a Director of the Company to the Client. No failure on the part of the Company to enforce any of these Conditions shall constitute a waiver of such terms.

17. INVALIDITY AND SEVERABILITY
If any provision of these Conditions shall be found by any court or body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Company and the Client hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

18. GOVERNING LAW AND JURISDICTION

The Contract shall be governed by and interpreted according to the laws of Scotland and the Company and the Client agree to the non-exclusive jurisdiction of the Scottish Courts to hear any disputes.

White Horse Yurts

April 2015

 

 

White Horse Yurts

Mongolian Yurt Hire in Scotland

Contact: Edwin or Tamsin ~ Carnwath, Lanarkshire, Scotland ~ Email: info@whitehorseyurts.co.uk ~ Telephone: 07800861569 ~ www.facebook.com/whitehorseyurts