Terms and Conditions
Terms and Conditions for the Hire of Soft Play/Inflatable Equipment
We are: Oodles Soft Play.
Our address is: 750 Bury Road Bolton
We can be contacted at: info@oodlessoftplay.co.uk .
T:01706 416374
You are: a hirer of our Equipment.
These Terms and Conditions govern the hire of all Equipment provided by us to you.
1. Definitions
“Booking Form” means the form which has been completed either by you or us and signed by you detailing the Equipment which you wish to hire and the dates;
“Equipment” means the soft play or inflatable equipment which we have hired to you under this Hire Agreement and which is specified on the Booking Form signed by you;
“Hire Agreement” is a reference to these Terms and Conditions, any Booking Form and payment instructions provided to you;
“Hire Charge” is a reference to the charge we make for the hire of the Equipment to you and which is set out on our Website;
“Hirer”, “you”, “your” and “yours” are references to you the person hiring the Equipment from us;
“Hire Term” is a reference to the period which you have agreed to hire the Equipment and which is specified on the Booking Form;
“Terms and Conditions” means the terms and conditions of hire set out in this document;
“we”, “us” and “our” are references to Oodles Soft Play; and
“Website” is a reference to our website www.oodlessoftplay.co.uk .
2. Booking and Basis of Hire
2.1 Upon submitting a booking form and agreeing to our terms you form a contract between yourselves and Oodles Soft Play.
2.2 We allow a 24 hour cooling off period from the time you submitted your booking, by which you can cancel your booking and no payments will be demanded. You must notify us by email, phone or text message.
2.3 When hiring any Equipment from us you do so in accordance with this Hire Agreement. You are deemed to have accepted the Hire Charge for the hire of the Equipment, and other terms such as delivery, which have been quoted to you at the time of placing your order.
2.4 We may request a deposit for any bookings over £200 in value, we allow 5 working days for the payment of said requested deposit, failure to do so may result in your booking with us being cancelled.
2.5 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
2.6 Equipment hired from us is intended for your personal use only and you warrant that you are acting as principal only and not as agent for another party when receiving the Equipment.
2.7 The Hire Period for the Equipment is for the period specified on the Booking Form. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.
2.8 The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge.
3. Hire Charges and Payment
3.1 All Hire Charges quoted to you are correct at the time of booking. Hire Charges are, unless otherwise stated, exclusive of any applicable value added tax which you shall be liable to pay.
3.2 Full payment of the remaining balance minus any deposit must be made at either before or at the time of delivery of the Equipment to you.
3.3 If no payment has been made upon setup we reserve the right to remove the equipment and pursue any moneys owed.
3.4 Payment must be made by one of the methods accepted by us as notified to you.
3.5 Failure to pay on time will result either in the cancellation of your order or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
3.6 We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.
3.7 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Equipment being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.
4. Delivery
4.1 The Equipment will be delivered by us to you on the agreed date and at the location specified by you.
4.2 At the time of delivery you will be required to examine and inspect the Equipment to ensure that it meets with your requirements and is in good working order. Any defects identified by you must be drawn to our attention immediately.
4.3 You will be required to sign a notice confirming that you have received all of the Equipment in good working order.
5. Cancellation
5.1 You must notify us immediately if you decide to cancel your order. The time limit for notification of cancellation is 14 days prior to the date of commencement of the Hire Period.
5.2 Once we have heard from you that you wish to cancel your order we will refund or re-credit your debit or credit card with the full amount less the non-refundable deposit within 30 days.
5.3 The full Hire Charge less the amount of the deposit which has been paid is payable by you in the event you cancel the hire of the Equipment and do not provide us with the required notice. Refunds of the Hire Charge less the deposit will only be made in these cases where we are able to re-book the Equipment on the same terms as the cancelled booking.
5.4 Cancellations made as a result of adverse weather conditions will incur the full Hire Charge and no refund will be payable.
6. Risk and Ownership of the Equipment
6.1 Full ownership in the Equipment shall remain fully vested in us at all times. You have no right, title or interest in the Equipment other than that you are entitled to hire the Equipment for the Hire Period.
6.2 You are responsible for the Equipment from the time we deliver the Equipment and sign a confirmation notice until the time you return the Equipment to us. Full risk in the Equipment shall lie with you during this time.
6.3 You are not permitted to hire, sub-let, sell, lend, or part with possession of the Equipment at any time during the Hire Period.
6.4 You must maintain adequate insurance to cover the Equipment against fire, theft, loss or damage at all times during the Hire Period.
6.5 You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions.
7. Supplier Obligations
7.1 We hereby warrant to provide the Equipment in accordance with the specification contained in the Booking Form.
7.2 Where we have agreed to assemble the Equipment for you we will do so with reasonable skill and care in accordance with accepted industry practice and standards.
7.3 We operate an online booking and diary system, whilst we endeavour to reply to all queries promptly, this may not be possible during busy periods, please allow up to 10 working days for any replies to emails, texts, phone calls or other methods.
7.4 No other warranty is hereby expressed or implied in respect of the Equipment or otherwise.
8. Care and Maintenance of the Equipment
8.1 During the Hire Period you must take good care of the Equipment and do the following:
8.1.1 notify us immediately of any defects in the Equipment, any loss or damage caused to the Equipment;
8.1.2 ensure that no labels or instructions are removed from the Equipment;
8.1.3 use the Equipment only in accordance with the manufacturer’s instructions and any instructions we may have issued to you at the time of delivery;
8.1.4 take reasonable care of the Equipment and take adequate and proper measures to protect against fire, theft, loss and/or any other damage to the Equipment;
8.1.5 keep the Equipment in your possession and control at all times;
8.1.6 assemble and disassemble the Equipment in accordance with the manufacturer’s instructions;
8.1.7 use the Equipment only for its intended purpose which is for use as play equipment by children. In the case of soft play equipment this is for children under the age of 6 years and for inflatable’s, for children under the age of 13 years;
8.1.8 keep the Equipment clean at all times and ensure no food or drink is consumed whilst using the Equipment;
8.1.9 ensure that no one smokes, lights candles, lights a fire, uses gas appliances or uses or stores flammable liquids or a BBQ in or near the Equipment;
8.1.10 when using the Equipment ensure that all shoes, badges, jewellery such as large earrings, necklaces, are removed and socks are worn at all times;
8.1.11 ensure that no face paints, party poppers, confetti, streamers or silly string, henna is used near or on the Equipment; we reserve the right to charge a £75 cleaning fee for any of these found on the equipment, if they cannot be removed you will be liable for replacing the equipment with a new item.
8.1.12 do not permit climbing, hanging or sitting on the walls of an inflatable, adults should not sit on the walls of the ball pool as this will cause the walls to collapse and puts undue strain on the joints;
8.1.13 ensure that all safety mats and ground sheets are left in place at all times;
8.1.14 ensure that no pets or other animals are allowed on the Equipment;
8.1.15 limit the number of children using the Equipment at any one time in order to avoid damage and injuries;
8.1.16 do not permit rough play, somersaults and gymnastics on the Equipment, bouncing on the front step of the bouncy castle, using the Equipment during inflation or deflation;
8.1.17 turn off the Equipment in wet weather;
8.1.18 ensure that children are supervised at all times by an adult; and
8.1.19 return the Equipment in a clean and unsoiled condition.
8.1.20 adults and children should not use any of the equipment at the same time except where an adult is accompanying their/a child
9. Loss of or Damage to the Equipment
9.1 If the Equipment is returned to us in bad repair, damaged, unclean or defective in any way then we are entitled to retain the deposit you paid us at the time of booking to repair and/or replace the Equipment. You are liable for any additional costs that we may incur in repairing, cleaning or replacing the Equipment.
9.2 In the event that any item of Equipment is lost, stolen or damaged beyond economical repair you are liable to pay us the cost of the replacement items as new. You will not be entitled to a refund of the deposit in these circumstances.
10. Our Website
10.1 The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
10.2 We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
10.3 You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service.
11. Intellectual Property Rights
Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
12. Linked Sites
There are a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the equipment or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or equipment that they may provide to you.
13. Complaints
We take complaints very seriously and aim to respond to your complaints within 10 business days. All complaints should be addressed to info@oodlessoftplay.co.uk .
14. Limitation of Liability
14.1 Use of the Equipment is entirely at your own risk and you should satisfy yourself that you are competent to use the Equipment. We disclaim any and all liability to you for the hire of the Equipment 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 Charges. 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. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
14.2 We shall not be held liable for any failure or delay in providing the Equipment where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
14.3 The products sold by us are provided for private use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Equipment hired from us.
14.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
15. General
15.1 We may subcontract any part or parts of the hiring of the Equipment that we provide to you from time to time and we may assign or novate any part or parts of our rights and obligations under these Terms and Conditions and the Hire Agreement without your consent or any requirement to notify you.
15.2 The Hire Agreement constitutes the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this Hire Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
15.3 If any term or condition of our Hire Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Hire Agreement shall continue in force without such term or condition.
15.4 These Terms and Conditions and our Hire Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
15.5 No delay or failure on our part to enforce our rights or remedies under the Hire Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.