1. THESE TERMS
1.1 These are the terms and conditions on which we supply our products and services to you.
1.2 Please read these terms carefully before you confirm your booking. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 The terms apply to you ordering our services as a consumer i.e. wholly or mainly for your personal, private use (not for use in connection with your trade, business, craft or profession). If you are a business, then please ask for our business terms.
2. ABOUT US AND HOW TO CONTACT US
2.1 We are Hello Tuk Tuk Ltd. Our company registration number is 10897575 and our address is 3 Grayling Drive, Headley Fields, Headley, GU35 8PX.
2.2 You can contact us by telephone on 07736 287258 or by writing to us at firstname.lastname@example.org.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 “Booking” means your purchase of products or services, or a combination as set out on your order.
2.6 “Event date” means the date on which we are to provide our services to you.
2.7 “Venue” means the place where our services are to be provided.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your booking will take place when we tell you we have accepted it at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your booking, we will inform you of this and will not charge you. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the booking or because we are unable to accept a date you have specified.
3.3 We can only provide our services in the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Making sure your information is accurate. If we are making a product to your individual specification you have given us you are responsible for ensuring that this information is correct. Where we are providing our services, please ensure that the booking information is correct.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to change the date of your event, please contact us. We may be able to change the event date if we are given more than 3 months notice, but the change will be subject to a £50.00 administration fee.
5.2 If you wish to make a change to the booking (other than a change referred to in clause 5.1) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the booking, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. TERMS SPECIFIC FOR BOOTH HIRE
6.1.1 A payment of 50% deposit of the total booking value is required at the time that you place your order in order to reserve the event date. The event date is only finally secured upon payment of the remainder of the booking fee.
6.1.2 The remainder of the balance of the booking fee is due for payment 30 days before the event date. No event shall be undertaken unless the balance is paid in full before the event.
6.1.3 All equipment remains the property of Hello Tuk Tuk Ltd at all times.
6.2 Operational period
6.3.1 We guarantee a minimum of 85% operational time during the scheduled period of agreed hire as operations may require occasional interruption for service or photo optimization.
6.2.2 We reserve the right to immediately cease use of the equipment and remove it from the event should behaviour by guests affect the safe running of our equipment, damage to the photo booth, props or other equipment, or rudeness or threats to our staff. In this instance the full booking fee still remains payable in full.
6.2.3 If one of our attendants feels someone is unfit to use the photo booth due to excessive alcohol or other substances, we reserve the right to refuse them access to the photo booth.
6.2.4 You are solely responsible for any damage to the photo booth by your guests.
6.2.5 You must ensure that the venue at which the photo booth is to be placed has a suitable location for it, and that full access can be gained at the venue. If we attend a venue and cannot gain access for any reason, the full booking fee will still be payable.
6.2.5 If, for any reason, we are delayed in providing our services due to poor access at the venue or due to venue restrictions, you will still be charged the full booking value.
6.2.6 If the photo booth is not operational during the period of hire for matters beyond our control (for example, if we are prevented from setting up, the event starts or runs late) you will be charged the full booking fee unless we have agreed to provide additional hours at an additional charge.
6.3 Set up
6.3.1 We will arrive at the venue between 90 to 120 minutes prior to the agreed photo booth start time to set up. Any idle time needed prior to the photo booth start time and/or setup time will be charged at £40.00 an hour. Notification of timings need to be arranged/communicated by you to the venue.
6.3.2 If you wish for us to arrive to set up the photo-booth earlier than the time stipulated in clause 6.3.1 (i.e. if our setting up will cause inconvenience to the event) then please ensure that we are informed of this and agreed as we will charge an idle time rate for any hours the photo booth is not operational between the set-up time and booth start time at the following rates:
1 hour - £40
2 hours - £70
3 hours - £100
6.3.3 It is your responsibility to ensure that the venue can allocate to us and the photo booth a space that is accessible in an area that will not disturb guests.
6.4 Venue access and location
6.4.1 You are responsible for providing us with the full correct address for the chosen venue and we will not be responsible for any delay caused by incorrect or missing information.
6.4.2 You must ensure that there is suitable parking facilities at the venue for the duration of your booking for access to both load and unload the equipment.
6.4.3 You must ensure that we have, at minimum, the following (it is strongly advised that this information is provided to the venue):
· A suitably sized area for operation of the photo booth. The dimensions of the photo booth are L 2.63m x W 1.35m x H 1.7m.
· If the printing station/prop table is included please allow extra space. The dimensions of the printing station/prop table is a minimum of L 1.2m x W 0.6m up to L 2.4m x W 1.2m.
· Access to mains supply electricity within 50 metres of the booth. If using a generator please advise us in advance to ensure it is suitable.
6.4.4 The photo booth equipment will be set up in one location agreed on and once set up as a photo booth it cannot be moved.
6.4.5 We are not responsible in the event that the electric supply is faulty and effects the running of the booth. If it is shown that the venue is at fault then we will not provide any refund. If we are at fault, we will refund a percentage of the booking fee based on the time that the photo booth was not operational.
6.4.6 We carry public liability insurance of £5,000,000. It is your responsibility to check that this is acceptable by the venue. We are not responsible if the venue refuses to allow us to operate our services at the venue. If additional cover is required, we can arrange this but you will be charged for any additional premium.
6.4.7 We are happy to liaise with your venue if requested to arrange access at the agreed time on the date, but you must provide a correct contact number for the venue or email address.
6.5 Inclement weather
6.5.1 In the instance of inclement weather, it is your responsibility to allocate adequate indoor space with access to electrical mains power supply. If no indoor space is available, a marquee can be provided for an extra fee which we will only charge you for if the marquee is setup. You must notify us in reasonable time if you think the marquee will be required.
6.5.2 We reserve the right to make judgement to erect the marquee if inclement weather will adversely affect any equipment and you will be charged an additional fee.
6.6.1 You agree that all images taken in and around the photo booth can be uploaded to a web gallery public or private as specified on the booking form.
6.6.2 You hereby grant us permission to use any images for advertising and promotional purposes unless private. We will delete any images deemed to be offensive, or could cause embarrassment to individuals and will remove any picture from our website if requested.
6.6.3 We are not responsible or liable for you or any third party uploading images taken by our Product to any social media platform either at your event or through accessing our public online web gallery.
6.7 Digital files
6.7.1 All electronic images created by us and the photo booth shall remain our sole property and we will undertake to store all such images safely and make them available for future reproduction. Photographic prints will become and remain your property however, you hereby specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce such images.
6.8 Online gallery
We will upload your event images to the online gallery within 5 working days of the event date up to a maximum of 10 working days. The online gallery will be accessible for up to 1 month after the event date and thereafter will be stored locally for a maximum of 12 months.
7. TERMS SPECIFIC FOR TUK TUK TRANSPORT HIRE
7.1 We provide a chauffeur for the duration of the hire.
7.2. The maximum occupancy is 3 passengers
7.3 All drivers aim to arrive 15 minutes prior to booking time.
7.4 You are responsible for any damage caused by you (or your guests) that is caused to the interior and or exterior of the Tuk Tuk, and you will be charged accordingly for any loss of use and cost of repair.
7.5 If there are any additional changes to the journeys other than what was agreed at the time of booking, you will be charged for any additional time at the hourly rate of £125.00 and please note that the chauffer will restrict any journey over and above what was agreed to a strict 3 mile radius from the venue.
7.6 Our Tuk Tuk’s are fully insured for passenger and third-party claims. However, we shall not be held responsible/liable for any loss/damage to passenger’s property.
7.7 We, and the chauffeurs representing the company have the right to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour is deemed a threat to either the Chauffeur or vehicle or any other passenger.
7.8 We maintain a strict non-smoking policy in all of our vehicles.
7.9.1 A payment of 50% deposit of the total booking value is required at the time that you place your order in order to reserve the event date. The event date is only finally secured upon payment of the remainder of the booking fee.
7.9.2 The remainder of the balance of the booking fee is due for payment 30 days before the event date. No event shall be undertaken unless the balance is paid in full before the event.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may end the contract and obtain a full refund in the following circumstances:
(a) If you have changed your mind about the product or services, (see Clause 8.2). You may be able to get a refund if you are within the cooling-off period.
(b) we have told you about an upcoming change to the product, service or these terms which you do not agree to;
(c) we have told you about an error in the price or description of the booking you have ordered and you do not wish to proceed.
8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). As a consumer you have a legal right to change your mind within 14 days of the date we accept your order (the cooling off period). You cannot change your mind and obtain a refund:
8.2.2 Once our services have been completed, or if you have requested our services to take place within 14 days of the date of your order, even if the cancellation period is still running; or
8.2.3 If you have ordered our products which are made specifically for you (i.e. personalised goods).
8.3 If you cancel outside of the cooling off period the following charges will apply:
If the booking is cancelled more than six months prior to the event date, 100% of the deposit;
If the booking is cancelled with less than six months but more than four months prior to the event date, 65% of the total booking value;
If the booking is cancelled with less than four months but more than two months prior to the event date, 75% of the total booking value;
If the booking is cancelled with less than two months prior to the event date, 100% of the total booking value.
8.4 If you have requested a booking to take place within 14 days of the date of the event, any cancellation will incur a charge of 100% of the booking value.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Call us on 07736287258 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 How we will refund you. If you are entitled to a refund under these terms we will refund within 14 days by the same method that you used to pay us.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services to you.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products or services we have not provided, depending on when the contract is ended, we will deduct or charge you as compensation for the costs we will incur as a result of your breaking the contract a percentage of the total booking fee as set out in Clause 8.3.
11. IF THERE IS A PROBLEM WITH OUR SERVICES
If you have any questions or complaints about the services provided, please contact us. You can telephone us on 07736 287258 or write to us at firstname.lastname@example.org.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS OR SERVICES
12.1 If you are a consumer we are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights:
If your product is goods, for example a guest album, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
If your product is services, for example, the Consumer Rights Act 2015 says we must provide our services with reasonable care and skill.
13. PRICE AND PAYMENT
13.1 The booking fee will be as set out on the Order and the time for payment will be as set out in clauses 6.1 and 7.9. We take all reasonable care to ensure that the prices quoted by us are correct. However please see Clause 13.2 for what happens if we discover an error in the price of the booking.
13.2 It is always possible that, despite our best efforts, we state the wrong price on the booking form. If we accept your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
13.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality and our services are supplied with reasonable skill and care.
14.3 As you are accepting these terms as a consumer, we are not liable for business losses.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 20 days of us telling you about it and we will refund you any payments you have made in advance for products or services not provided.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.4 Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.