Equipment Hire Agreement

Snow Peak London, Limited

The Old Dairy, Peper Harow Park, Godalming, Surrey, GU8 6BQ

TEL: +44.(0)20.3443.7150 / EMAIL: hr@snowpeak.co.uk

WEBSITE: www.snowpeak.co.uk / www.snowpeak.co.jp / www.snowpeak.com

SNOW PEAK LONDON LIMITED Equipment Hire: Terms and Conditions

Definitions

THE COMPANY’ is Snow Peak London Limited.

‘THE HIRER’ is the person hiring the equipment from the Company and whose name appears on the booking form. The Hirer must be at least 18 years of age.

‘THE PERIOD OF HIRE’ means the time commencing with the collection of the equipment on site, and terminating when the equipment is returned.

‘A BOOKING’ is the contract entered into by the hirer and the Company.

‘THE EQUIPMENT’ is the tent/s furnishing/s provided by the Company for the use of the Hirer.

‘HIRE CHARGES’ is the total amount due under the invoice including collection, assembly, installation, disassembly and collection of the equipment.

General

These terms and conditions apply to all contracts entered between the Company and the Hirer unless expressly stated otherwise by the Company and upon payment of the deposit the Hirer is deemed to have accepted them. Any offer of equipment is subject to stock being available on receipt of a deposit at the time of booking.

CONDITIONS

Quotes are provided on the basis that a booking is not confirmed until a deposit and a note accepting our Quote, and signed Terms and Conditions are received by way of a Booking Form from the Hirer.

A non-refundable deposit, the hire cost is payable on booking; equivalent to 5% of the retail value of the goods.

Notice of cancellation of the booking by the hirer must be provided to the Company to be received not less than 28 days prior to collection, returns of the hire fee are not guaranteed.

SITE

(a)The Hire charges are based on the assumption that the site is a flat level firm ground with easy access. The Hire charges do not include any making good or repairing of damage to the site.

(b)The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the Company’s booking forms and related website, specific to their booking.

(c) The Hirer is required to select a site that is not susceptible to bogginess or has poor drainage. Any flooding caused is the responsibility of the Hirer.

3. DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT

The Company will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible the company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment and where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.

4. PAYMENT

Payments must be made in accordance with the terms stated in the Company’s quotation.

5. LOSS OR DAMAGE

(a) The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the Company’s equipment from the handover of the equipment including the erection until dismantling.

(b) The Hirer must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.

(c) The Hirer shall leave the Equipment in a clean and tidy state, a reasonable surcharge will be applied for cleaning if it is not and will be deducted from the damage deposit and/or charged directly to the Hirer

6. INSURANCE

The insurance provided by the Company covers the equipment against: Theft, Vandalism, Fire and explosion, Storm and tempest.

The risk for any exclusions under the Company’s insurance passes to the Hirer on collection of the Equipment.

7. EXCLUSIONS FROM INSURANCE

Exclusions include but are not limited to:

(a) Furniture

(b) Insurance excess – The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.

(c) Cover only applies to equipment that is delivered by the Company and does not include any equipment provided by a sub-contractor, unless invoiced by the company.

(d) Disappearance, Unexplained or inventory shortage

(e) Consequential Loss

(f) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.

(g) Any breach of the Company terms and conditions as herein stated will negate the insurance policy

(h) The Hirer is to keep the Equipment on site at all times and not attempt to move the equipment to any other location without the Company’s prior written consent; to keep the Company fully informed of all material matters relating to the Equipment; not to use the equipment for any unlawful purpose.

(i) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to the Company within 24 hours.

THE HIRERS RESPONSIBILITY

(a) The Hirer should erect the equipment in accordance with the Company instructions.

(b) The Hirer should keep any part of a tent completely closed and secure while not in use during the period of Hire.

(d) The Hirer should not use any heating or cooking appliances of any kind, regardless of fuel type inside the Company’s tents.

(e) The Hirer is responsible for any damage and loss caused to the equipment regardless of culpability, and therefore should the security deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage.

(f) Any naked flames used on site in proximity to the tent are entirely at the Hirers own risk.

(g) No animals are allowed inside the Company’s tents, without the previous consent in writing of the Company.

(h) No smoking including the use of e-cigarettes is allowed inside the Company’s tents.

(i) The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered during the period of your usage. Your statutory rights are not affected.

(j) Barbecue equipment or open fires outside are to be placed a minimum of eight feet from the tent and not left unattended whilst in use.

(k) In all circumstances, such as the use of private land, The Hirer is responsible for securing the appropriate permission and permits if required.

9. OWNERSHIP

All equipment remains at all times the property of the Company.

10. LIABILITY TO THIRD PARTIES

The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence of the Company.

11. ERECTION AND DISMANTLING

It is the responsibility of the Hirer to erect and dismantle the equipment and to repack it in accordance with the instructions from the Company. Should equipment be wet it is particularly important that the Company in notified upon collection.

12. ATTENDANCE

The Hire charges do not include attendance by the Company’s workforce, employed or sub-contracted, except during the actual processes of collection and return.

13. FORCE MAJEURE

The Company will not be liable for any: Act of God including but not limited to tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, Global Pandemic , embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.

While every effort will be made by the Company to carry out any booking accepted, however, the full performance of it is subject to variation or cancellation by the Company consequent upon Act 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.

Choice of Law

This contract will be governed by the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales.

14. CANCELLATION

Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.

0% of the Hire price for notice less than 28 days prior to the Hire period; subject to review by the company

25% of the Hire price for notice more than 28 days prior to the Hire period.

15. OTHER

The Company reserves the right to amend their website and terms and conditions at any time, without prior notice, the Hirers obligations not being limited to the above.

The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.

If any clause is deemed invalid it will not affect the rest of the terms and conditions.

16. ENTIRE AGREEMENT

This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.

Nothing in this agreement shall exclude or in any way limit:

(a) either party’s liability for death or personal injury caused by its own negligence.

(b) either party’s liability for fraud or fraudulent misrepresentation; or

This agreement sets forth the full extent of the Company’s obligations and liabilities in respect of the equipment and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Company except as specifically stated in this agreement. Any condition, warranty or other term concerning the equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded

A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Customer

Please note it is your responsibility to ensure that there is enough space for the equipment to be erected.

We ask for a non returnable deposit to secure your booking, equivalent to 5% of the retail value of the goods

(security deposit is usually returned within 48 hours of takedown minus any deductions if any damage/loss is found) – this return will be in the form of a voucher facility, equal to the fee paid and applicable for us at the company’s direct sales channels (web/store) on purchases equivalent to the full retail value of the goods hired.

No confetti balloons or bombs to be used inside tents

All rubbish and any recycling must be removed by the hirer

If evidence of smoking inside tents is discovered we will retain the full security deposit

Vomit / urine found in tent will result in a minimum charge of £100 for the cleaning of the equipment we will send a cleaning bill for additional cleaning required

The hirer accepts no responsibility or liability for any damage or theft of any property left in tents or the duration of the hire period

No candles or naked flames or cooking is allowed inside tents

The number of campers per tent is per your order, no additional campers are permitted unless by prior written arrangement.