TBy hiring one of our photobooths you hereby agree to the following terms and conditions. Terms and Conditions 1. Definitions The following words shall have the following meanings in these Terms and Conditions: “The Provider”, “us”, “we” and “our” means Champagne Photobooths “The Customer”, “you”, “your” and “yours” the person booking Champagne Photobooths for their event. “Hire Period” is a reference to the period which you have agreed to hire the Photo Booth and which is specified on the Hire Agreement. "Hire Agreement" means the signed form which is completed by you detailing the service which you wish to hire and the Hire Period. “Hired Service”, “Service(s)” means the service which we have agreed to provide to you in accordance with these Terms and Conditions. “Hire fee” or “rental charges” is a reference to the charge we make for the hire of the services to you and which is detailed in any quote we may provide to you. “Retainer”, “Booking Fee” or “Retainer Fee” means the non-refundable payment required to secure your booking, this is £50 and is taken off the hire fee balance. The following contract and its terms comprise an agreement between the Provider and the Customer for the hire of the Photo Booth. This written contract sets out the full, intentions of the parties and super cedes any previous written or oral agreements made between the parties. 2. Service Period 2.1 The Provider agrees to provide a the hired service(s) operational and available for use for a minimum of 90% of the agreed service period , to permit maintenance should any be necessary. Should we encounter a problem that cannot be resolved at the event or go below the 90% up time our liability will be limited to the refunding of monies paid on a pro-rata basis based on time we have provided the full service booked. 2.2 We will arrive to set up anywhere from 45 minutes to 90 minutes before the agreed time depending on what service has been hired. The hire period will commence from the agreed period of time as per the booking form and finish at the agreed time. 2.3 In the event that Champagne Photobooths is not ready to commence at the agreed time due to our fault we will still give you the agreed hire period by extending the finishing time of the hire if possible. If this is not possible and if the total hire period falls below the 90% as per clause 1.1 then a pro-rata refund will be made. 2.4 In the event that the hire does not start at the agreed time in the instance that setup has been delayed due to either the venue not allowing access on time or the event is over running the hire will still end as per the agreed time on booking form. 2.5 In the event that we have set up on time but the hire does not start at the agreed time due to over running of previous activities by yourselves or venue the hire will still end as per the agreed time on booking form. 3. Payment of Services 3.1 All bookings are subject to a non-refundable retainer fee of £50 at time of booking to secure the date unless otherwise agreed in advance. 3.2 The remainder balance is due 14 days before the event unless stated otherwise on your paperwork or agreed in advance by Champagne Photobooths, failure to pay the balance may result in your event being cancelled and we reserve the right to cancel the booking anytime within these 14 days if it is unpaid. 3.3 Please note that if the remaining balance for the photobooth is not paid in full 24 hours prior to your event start time, we will be unable to provide the service as scheduled. Additionally, if the booking is not paid in full, we will be compelled to seek legal action to recover the outstanding balance in accordance with our cancellation policy outlined below in section 4.2 plus costs and interest. 3.4 If the customer requires usage of the equipment or service for a period in excess of the agreed service period then additional charges will be payable by the Customer to the Provider, calculated on a pro rata basis. Payment of all additional rental charges must be made by the Customer before any additional service period commences unless agreed in advance that additional charges will be invoiced. 3.5 Failure to pay the balance in full will be deemed as a breach of contract and thus liable for any outstanding costs. 3.6 We do not accept payment on the day or after the event. Payment must be cleared funds in our bank account. 4. Cancellations and Date Changes 4.1 Any request to alter the agreed date of the rental of the services must be made in writing and at least thirty days prior to the Customer’s event. Any change of date is subject to the availability of the services on the alternative date and receipt of a new booking contract plus a £50 fee. 4.2 Any cancellations are subject to our cancellation policy (below) and may still require the full hire payment to be paid. 4.2.1 Irrespective of when a cancellation is made, the £50 retainer fee is non-refundable. 4.2.2 6 weeks or more prior to the event date: 25% of the total agreed price becomes payable. 4.2.3 4-6 weeks prior to the event date: 50% of the total agreed price becomes payable. 4.2.4 2-4 weeks prior to the event date: 75% of the total agreed price becomes payable. 4.2.5 Under 2 weeks prior to the event date: 100% of the total agreed price becomes payable. 5. Venue Location, Access, Space & Power Requirements 5.1 It is the customer’s responsibility to ensure that all address details of the venue are correct including a full postcode. Champagne Photobooths cannot be held responsible for any errors or delays resulting from incorrect or missing address details. 5.2 It is your responsibility to ensure that there is access for us to unload and load at the venue. This includes parking of our vans during the unload/loading period. In the instance that the only parking for access is on restricted parking you will be liable for any parking fines that may occur and will be invoiced to you after the event with a small admin charge of £10. Unless pre-arranged you also need to provide parking spaces for our vehicles during the entire time we are onsite, any parking charges are the responsibility of the client unless these have been included in the quote. If parking isn’t arranged or paid for any charges incurred to us will be invoiced to you after the event with a small admin charge of £10. 5.3 It is your responsibility to ensure that the venue has agreed for Champagne Photobooths to be in attendance at their venue at the agreed time. This also includes ensuring that there is access to enter the venue and enough space as requested with a power socket in close proximity of where the services are to be (within 1.5 m). If there is insufficient space for Champagne Photobooths to set up you will still be charged the full hire amount and the hire will be terminated. 5.4 It is your responsibility to inform us of any circumstances that may make setting up take longer, these may include going upstairs, a long distance from unloading area to set-up area etc. If we are not aware of these and the set-up takes longer than usual your hire period may be used as part of the set-up period or the hire may be terminated with no liability and no refunds of payment. 5.5 Services must take place inside unless pre-arranged and approved by Champagne Photobooths. If the requested set-up area is not inside on arrival Champagne Photobooths has the right to terminate the hire with no liability and no refunds of payment. 5.6 If your venue location exceeds the free mileage area radius from our office in Basingstoke you will be charged 60p per mile both ways. This is payable with the full balance. 6. Events Beyond our Control Champagne Photobooths cannot be held responsible for any circumstances that may prevent us from attending your event, these may include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, traffic delays, breakdown of our vehicles or equipment failure. In the case that we cannot attend or fullfill your hire due to events beyond our control we will contact you or the venue as soon as possible. In these instances our liability will be limited to the refunding monies paid either in full. 7. Termination of Hire 7.1 Champagne Photobooths will not tolerate any abuse or threatening behaviour to our staff or equipment. This applies equally to you and your guests. If this does occur Champagne Photobooths are within their right to terminate the hire. 7.2 Champagne Photobooths are also within their right to terminate a hire if they feel that any equipment or property belonging to Champagne Photobooths is in danger of getting damaged or has been damaged due to unruly behaviour from guests. We also reserve the right to refuse guests to participate in the activities if we feel they are too unruly or too intoxicated. 7.3 In any instances where we feel there is a need to terminate the hire we will always speak with the host first to try to resolve the matter before terminating. If we do have to terminate the hire due to reasons stated above, the full cost of hire is still payable and we will not issue any refunds for hire time that has been cut short. 7.4 If for any reason our equipment get damaged during the hire period by one of your guests you will be responsible for the cost of repairing/replacing the part including the cost of labour. If any equipment does gets damaged and this effects the services the hire will be terminated as per termination section above. 8. Children Children under 16 are to be supervised at all times by an adult over 16 years when using any of our services. We reserve the right to not allow children to use our services if the are not accompanied and under the control of a responsible adult or if we feel they are hampering the enjoyment of our services for other guests. 9. Privacy Policy 9.1 Data capture: Our services may be set up to capture certain user data at the request of the hirer. Users will be notified of this at the time. 9.2 Facebook: Champagne Photobooths may use both it’s own and third parties Facebook applications to upload pictures to Facebook. For each Facebook upload, there will be a reference to the name of the Facebook upload application and it is the policy of Facebook to reference it. It cannot be removed. These may include but not limited to “Champagne Photobooths”, “Photo Party Upload” and “Event Photo Upload”. In any applications the users are automatically logged off once they have finished sharing. We may harvest the users demographics and user names if requested by the hirer. 9.3 Instagram: Champagne Photobooths may use both it’s own and third parties Instagram applications to upload pictures to Instagram. For each Instagram upload, there will be a reference to the name of the Instagram upload application and it is the policy of Instagram to reference it. It cannot be removed. These may include but not limited to “Champagne Photobooths”, “Photo Party Upload” and “Event Photo Upload”. In any applications the users are automatically logged off once they have finished sharing. We may harvest the users demographics and user names if requested by the hirer. 9.4 Email: Champagne Photobooths may use third party email applications to send pictures along with a set message from our services to any email address entered. Emails will be sent from a Champagne Photobooths email address which will appear in the ‘From’ section of an email unless you have requested and paid for this to be changed. In some services the email message can be changed to your own message for an additional fee. Champagne Photobooths do not record or save any data of the users of this application unless stated 9.5 SMS: Champagne Photobooths may use third party SMS applications to send pictures along with a set message from our services to any mobile phone number entered. These photos are not sent direct to the user’s phone but are hosted online. These hosted photos are not set to private so may be found by other parties. 10. Photograph Usage and Ownership Unless otherwise notified and agreed with you, you agree that all pictures taken in the our services may be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures. Photos, videos and images taken by our services during the event may be used by us to assist with promotion of Champagne Photobooths. This may include printed matter as well as online usage. If you choose to have the SMS, Facebook or Twitter upload option you take responsibility for permitting all users to upload any picture to their own Facebook or Twitter page or hosted online via SMS. Champagne Photobooths cannot be held responsible for the content of these pictures. 11. Champagne Photobooths Hire Staff Staff supplied by Champagne Photobooths are for the sole purpose of providing technical support, hosting (which shall include management of operating the service and people using the service) and on-site picture editing assistance. As agreed with the Hirer prior to the start of the Hire Term, where staff are supplied by Champagne Photobooths you must ensure that a minimum 30 minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. Champagne Photobooths staff should not be requested to undertake any additional function without first obtaining our consent. It is the hirers responsibility to ensure that food and non alcoholic beverages are provided for the staff during the duration of the booking. 12. Limitation of Liability 12.1 We disclaim any and all liability to you for the supply of the hired services 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 fee you have paid. 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. 12.2 We shall not be held liable for any failure or delay in performing the service and hiring the Photo Booth where such failure arises as a result of a Force Majeure event as per clause 6. In such circumstances our liability shall be limited to a pro-rata of any fees where applicable. 12.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire our services. We do not make any representation or guarantee that use of our services in any promotional context will generate revenue or customers for you or your business. 12.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations. 12.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence. 13. Damage Liability Costs 13.1 To ensure the preservation of our photo booth props and audio book, we kindly request a £50 damage deposit, and for our vintage photo pod props, a £100 deposit. In the unfortunate event of any damage to these items, a fee of £5 per prop item will be deducted from the deposit. 13.2 Additionally, should there be any harm inflicted upon the photo booth, vintage photo pod or audio guest book themselves, the full cost of the respective machine will be charged. These measures are in place to uphold the integrity of our equipment and ensure a delightful experience for all guests. Your cooperation in handling these items with care is greatly appreciated. Enclosed Photo booth - up to £3500 Vintage Pod - Up to £2500 Audio Book - up to £350 Back Drops - up to £500 Costs are subject to what item of equipment is damaged. 14. Changes to Terms We may alter or vary the Terms and Conditions at any time without notice to you, the latest version will be this version.