1.1 "Booking Confirmation" means email or message sent to Hirer with booking details and specifications including dates, costs, payments and inclusions;
1.2 "Deposit" means any advance payment required by the Owner;
1.3 "Hirer" refers to the person hiring;
1.4 "Owner" means Luxury Bell Events (ABN 51 747 136 683);
1.5 "Goods" means all of the equipment and materials the Owner is renting to the Hirer under this Agreement for the duration of the Rental Period including but not limited to the tents, bedding, furnishings, décor, lighting, electricals and accessories;
1.6 "Guests" means any person using the Goods during the Rental Period;
1.7 "Rental Period" means the period beginning and ending on the dates set out in the Booking Confirmation or alternative arranged date;
1.8 "Security Bond" means the amount of money held by the Owner to cover damages paid with the final payment, to secure adherence with the obligations below;
1.9 “Site” means the place where the Goods are to be set up;
1.10 "Total" means the total price of hire as set out in the Booking Confirmation or that may be agreed by any variation to the Booking Confirmation;
1.11 "Quotation" means a pricing offer describing the services provided by the Owner for the hire of the Goods for the duration of the Rental Period.
2.1 The Owner agrees to rent the Goods to the Hirer for the Rental Period and the Hirer agrees to pay the Total on the Terms and Conditions set out in this Agreement. The Hirer is entitled to use the Goods for the Rental Period and for any agreed extension of the Rental Period. The Hirer agrees to perform its obligations under this Agreement.
3.1 The Quotation for services shall remain valid for a period of ninety (90) days. If a Deposit is not received before the ninety (90) days then a new Quotation is required to make a booking.
4.1 The Hirer agrees to provide the Owner with a Deposit to be served as a security to fulfil any of the Hirer’s obligations under this Agreement;
4.2 The Hirer agrees that a booking will only be deemed accepted by the Owner upon receipt of the Deposit or payment in full. In the event that full payment is required in order to make the booking, then the full amount will be treated in the same way a Deposit would be;
4.3 In the event of a cancellation of the Booking by the Hirer, the Deposit will be forfeited by the Hirer to the Owner.
5.1 The Hirer agrees to pay the balance of the Total due plus the refundable Security Bond to the Owner no later than seven (7) days prior to the commencement of the Rental Period.
5.2 The Hirer agrees to pay solicitors fees and court costs involved on behalf of the Owner in having to take any legal action to recover either the Goods, the value of the Goods or repair costs through the Hirer not complying with the terms and conditions of hire. This also applies to any outstanding Fees accrued in this period.
5.3 The Hirer indemnify and hold harmless the Owner for any loss (including legal costs) incurred by the Hirer in relation to any breach of this Agreement and for any liability arising out of any such breach.
6.1 The Hirer agrees to provide the Owner with a refundable Security Bond in the amount of $50 per individual tent hire for sleepovers, $100 per individual tent hire for glamping, $300 per tent for DIYs, to be paid with the final payment;
6.2 The Hirer acknowledges that the Security Bond will be refunded to Hirer within five (5) days from end of Rental Period, subject to any loss or damage to Goods;
6.3 The owner reserves the right to deduct the Security bond, the cost of repairs or replacement costs incurred due to damage or loss sustained;
6.4 All Security Bond refunds are at Luxury Bell Events discretion.
7.1 In the event of a cancellation of the booking by the Hirer, the Deposit will be forfeited to the Owner;
7.2 If full payment has been made refunds will be made as follows:
a) Security Bonds will be refunded in total;
b) The cost of hire will be forfeited in its entirety if the Hirer gives notice of cancellation to Owner less than fourteen (14) days prior to the commencement of the Rental Period;
c) One half (1/2) of the cost of hire will be forfeit if the Hirer gives the Owner more than fourteen (14) days but less than three (3) months prior notice to the commencement of the Rental Period;
d) One hundred percent (100%) if the booking is cancelled more than thirty (30) days prior to the commencement date of the Rental Period. An administration fee of $150 will be retained for bookings of up to and including four (4) tents, and the balance will be refunded;
e) For bookings of more than four (4) tents the Owner will retain ten percent (10%) of the entire hire price, unless another Agreement is entered into in writing, in acknowledgement that the Owner, in the case of larger bookings, has to attend to greater administration and sub-bookings/refunds etc.
7.3 In the event the Owner is able to reschedule a booking to a later date, all costs of hire paid and Security Bond paid will apply to the amended bookings for revised hire and the Cancellation Policy above will apply to any cancellation of a subsequent Rental Period;
7.4 The Owner will use its best endeavours to reschedule a booking, however, it reserves its right to refuse any request to reschedule if unable acting reasonably to accommodate a revised Rental Period;
7.5 The Hirer must request to reschedule seventy-two (72) hours prior to commencement of Rental Period otherwise a $150 rebooking fee will apply due to time spent packing and unpacking;
7.6 Dates can be rescheduled two (2) times within the same twelve (12) month period dependant on availability. After this date the Deposit is void;
7.7 If the Hirer is unable to decide on a reschedule date a credit will be issued for any monies paid valid for twelve (12) months from the original date of Rental Period;
7.8 Credited accounts can transfer monies paid to other parties by approval of the Owner;
7.9 If a booking is already underway and needs to be cut short by evacuation due to events out of the Hirer's or Owner's control, or work has already been undertaken for the booking, no refund or credit will be provided in such cases. In this case if any loss or damage is incurred that is not the fault of the Hirer, then the Hirer is released and indemnified from any demands, costs and expenses related to the damage or loss.
8.1 The Hirer must follow any guidelines given by the Owner in respect of minimising damage to the Goods in poor weather conditions;
8.2 The Hirer agrees to fully close all window zips, door zips and ground sheet zips in the event of rain and when departing tent. Loss of Security Bond will incur if tent takes on water due to windows and doors not being closed properly;
8.3 The Hirer agrees to tighten ropes and place back any stakes under ropes that have come loose during the Rental Period;
8.4 If forces of nature cause the setup of the Goods not to occur at the commencement of the Rental Period, the Owner shall determine whether it is appropriate to set up the Goods at any later stage during the duration of the Rental Period. Should the Owner determine that set up is not appropriate for any reason, the Agreement will be terminated, payment refunded to the Hirer and the Hirer agrees to have no additional claim against the Owner.
9.1 Provide the Goods for use by the Hirer and their Guests on or before the date of set up at the agreed Site for the Rental Period;
9.2 To disassemble and remove all Goods from the agreed Site on or after the final date of the Rental Period;
9.3 Provide the Goods in good working order.
10.1 The Hirer is responsible for the Goods for the duration of the Rental Period and must reimburse the Owner the replacement cost for any Goods lost or damaged during the Rental Period, however such loss or damage may have been caused;
10.2 The Hirer is responsible for any and all expenses, losses, damages and/or claims incurred by the Owner arising from any negligence, omission, misuse or fault of the Hirer, its agents and any Guest;
10.3 If the Goods or any part thereof are returned damaged, unclean, defective or worn, except where due to fair wear and tear and/or an inherent defect in the Goods, the Owner will be entitled to charge the Hirer for the cost of any repair and/or cleaning required to return the Goods to a condition fit for rehiring of the Goods;
10.4 The Hirer is liable for the full replacement costs of any unrepairable or missing Goods including the cost of transport to return Goods that were not available when collecting Goods;
10.5 The Owner will not be liable for any loss of air from air mattresses during the Rental Period. The air mattresses will be fully inflated at the beginning of the hire, but due to factors such as temperature, amount of usage, length of hire, air mattresses may deflate slightly or lose air. A pump and spare bed/s will be left with the Hirer.
11.1 Keep the Goods in first class condition and only use them as they would be used by a careful and prudent Owner;
11.2 Check all Goods before recreational use/holiday commences and are to notify the Owner of any damage, missing any parts, or if the Goods is faulty or not functioning as it should be, otherwise upon return of Goods any damage will be deemed the Hirer’s responsibility and the Hirer will be held liable;
11.3 Use the glamping tent rental Goods only for its proper purpose and in a safe and correct manner. Any loss, theft or damage must be reported immediately to the Owner;
11.4 Completely close and secure Goods while not in use during the Rental Period;
11.5 Protect the Goods from theft, damage and/or other risks at all times;
11.6 Be responsible for the actions or omissions of any Guest, whether authorised by the Hirer or not;
11.7 Leave the Goods in a clean and tidy condition;
11.8 Not to walk or jump on air mattresses;
11.9 Only use Mosquito coils if they are inside a burner with a secure cover or lid;
11.10 Not use any naked flame in or around the Goods or associated structures.
13.1 Pets/Animals are strictly forbidden in and around the Goods and associated structures.
14.1 The Hirer, or any third parties, shall not enter the Goods while it is being erected or dismantled;
14.2 The Hirer must provide an electrical supply if required to do so by the Owner;
14.3 The Hirer will ensure that all lawns are cleared of pet waste prior to arrival and collection of Goods;
14.4 The Site upon which the Goods is set up upon must be grassed, level and firm;
14.5 Goods will not be set up in muddy conditions or conditions the Owner deems unsuitable;
14.6 The Hirer will ensure the Owner is provided with clear access to the Site, free of any obstructions and has exclusive use of driveways to set up and collection of Goods;
14.7 Should the Hirer not be available during setting up of Goods then the Hirer waives their right to make changes to the set up without incurring an additional charge of $150;
14.8 The Hirer is responsible for obtaining all necessary permits and permissions required prior to the erection of the Goods. Should the Owner be unable to supply the Services due to any delay with the Hirer securing such permissions the Owner is entitled to recover any costs incurred in this respect from the Hirer.
15.1 The Goods must be returned to the Owner in good working order;
15.2 The Goods must be returned in a clean condition. A cleaning fee of $100 will be payable by the Hirer if the Goods are returned in a dirty condition;
15.3 All rubbish and personal property must be removed by the Hirer at the end of the Rental Period;
15.4 All spare beds, pumps and extensions cords must be inside the tent for collection. If any items not left inside the tent the Hirer will be responsible for returning these items at their own expense. The Owner has the right to hold the Security Bond until these items have been returned and after fourteen (14) deduct the value from the Security Bond;
15.5 In the event of rain, collection of the Goods may be delayed or rescheduled until such a time that the tents are dry.
16.1 At all times the Owner retains title to all the Goods;
16.2 Parties agree that this hire will be governed by the laws of New South Wales.