Terms & Conditions

Operating the Equipment 

1. We will be responsible for the cost of maintaining and servicing the Equipment. You will be responsible for the costs of any repairs to the Equipment (including the cost of replacement parts) because of your improper or negligent use of the Equipment, which will be a debt due and immediately payable to us. 

1. We will take out and maintain, for the duration of the Term, insurance sufficient to cover the full replacement value of the Equipment in the event of loss or damage. 

1. You must ensure that you, or a responsible adult, are available at the agreed delivery and collection location at the agreed time. If you fail to be available at the agreed time for delivery or collection, or fail to provide reasonable access, additional charges may apply as set out in the Payment Terms. 

1. You must use the Equipment in accordance with the manufacturer's instructions provided with the Equipment at the time of delivery. You are responsible for ensuring that all users of the Equipment comply with those instructions. 

1. You agree to (and to the extent applicable, ensure that your Personnel agree to): 

1. comply with these Terms, all applicable Laws, our reasonable requests, and any operating instructions for the Equipment; 

1. contact us immediately if there is any damage to or defects in the Equipment; 

1. ensure that any person using the Equipment is properly qualified or trained to safely do so; 

1. not allow anyone to interfere or otherwise tamper with the Equipment; 

1. not allow any third party to conduct repairs or maintenance on the Equipment without our prior consent; 

1. pay us the cost of the Equipment (as a debt due and immediately payable) where their loss, theft, damage or destruction occurs; 

1. protect and maintain the Equipment in the Original Condition; and 

1. keep the Equipment in your custody and control at all times, and not sublease, rent, sell or otherwise transfer the Equipment to any other person. 

Returning the Equipment 

1. You must make the Equipment available to us for collection by us at the time agreed between the Parties, or if no time is specified, upon termination or expiry of these Terms. 

Title, Risk and Security 

1. Title in any Equipment leased to you will at all times remain with us, and you: 

1. take the Equipment as a bare bailee only; 

1. irrevocably appoint us to be your attorney to do all acts and things necessary to ensure our retention of title to the Equipment, including the registration of any security interest in our favour with respect to the Equipment; and 

1. must not allow any other person to have or acquire any security interest in the Equipment without our prior written consent. 

1. Hire Fees and Payment 

1. In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.  

1. A  security deposit is required to secure your booking and must be paid in full via the Booking Platform before we are obliged to provide the Equipment. We may deduct from the security deposit any amounts owed by you under these Terms, including up to 50% where the Equipment is returned in a condition requiring specialist cleaning, and up to 100% where the Equipment is returned damaged beyond repair. Subject to your compliance with these Terms, we will refund the balance within a reasonable time after the end of the hire period. 

1. If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):  

1. after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or 

1. charge interest at a rate equal to the Bank of England’s base rate, from time to time, plus 4% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms; and/or 

1. enter any premises where the Equipment is stored or held, for the purpose of retrieving and taking possession of the Equipment, and you agree to provide any access, items and consents required to enable us to do so.  

1. All amounts payable by you under these Terms are exclusive of amounts in respect of any taxes, including sales, use or value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under these Terms by us to you, you agree, on receipt of a valid VAT invoice from us, to pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services. 

1. Consumer Cancellation Right 

1. This clause 4 applies to the extent that you purchase Services from us as a “consumer”, as defined in the Consumer Rights Act 2015. You expressly agree to this information being provided in digital form, rather than on paper. 

1. Subject to clauses 4.3 and 1.1, you may cancel the Services within 14 days of the Commencement Date (Cancellation Period). 

1. Unless you expressly request us to commence the provision of the Services during the Cancellation Period, we will not commence the provision of the Services during the Cancellation Period. Where you expressly request us to commence the provision of the Services during the Cancellation Period, you will lose your right to cancel the Services if the relevant Services are fully performed by us.  

1. If you exercise your right to cancel the Services under this clause 4, you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Hire Fees for the relevant Services for the Term. 

1. Subject to your right to cancel during the Cancellation Period (as described above), if you cancel the Services, the following cancellation charges apply: 

1. within 14 days before the hire date = full refund 

1. 7 to 14 days before the hire start date: 50% refund; and 

1. less than 7 days before the hire start date: no refund. 

1. If you want to cancel the Services, you should email us using the contact details at the start of these Terms, and you may use the Model Cancellation Form below: 

To Roaming Rascals, 2 Alston Road, Blackpool, England, GB (Email: admin@roamingrascals.co.uk), 

I/We hereby give notice that I/We cancel my/our contract for the supply of the following services: 

_______________________________________________________________________________. 

Ordered on/received on: ___________________________. 

Name:        ___________________________. Address: _________________________________________________. 

Signature: ___________________________. Date: _________________. 

1. Subject to clauses 4.3 and 1.1, where you have paid any part of the Hire Fees upfront and have cancelled the Services in accordance with this clause 4, we will provide you with a refund of the amount paid to us within 14 days of you telling us that you have changed your mind. 

1. Confidential Information 

1. Subject to clause 5.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations. 

1. Clause 5.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 5.1. 

1. This clause 5 will survive the termination of these Terms. 

1. Liability 

1. Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for: 

1. death or personal injury caused by negligence; and 

1. fraud or fraudulent misrepresentation. 

1. Subject to clause 6.1 (liability which cannot legally be limited), but despite anything else to the contrary in these Terms, to the maximum extent permitted by Law, you are liable for and you and agree to indemnify us and hold us harmless in respect of any Liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with:  

1. any property loss or damage, death or personal injury, arising from or in connection with your improper or negligent use of the Equipment;  

1. any loss (including theft) of, or damage to, the Equipment when you are responsible for the risk in the Equipment; 

1. any failure to return the Equipment in its Original Condition; and 

1. all Liabilities suffered or incurred by us in repossessing or recovering the Equipment in accordance with these Terms. 

1. Subject to clause 6.1 (liability which cannot legally be limited), but despite anything else to the contrary in these Terms, to the maximum extent permitted by Law: 

1. if you are not a ‘consumer’ as defined in the Consumer Rights Act 2015, neither Party will be liable for Consequential Loss; 

1. if you are a ‘consumer’ as defined in the Consumer Rights Act 2015, and you use the Services for any commercial, business or re-sale purpose, we will have no Liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity; 

1. a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and 

1. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to [100]% of the Hire Fees paid or payable by you. This clause 6 will survive the termination or expiry of these Terms. 

1. Termination 

1. Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party.  

1. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: 

1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or 

1. the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due. 

1. Upon expiry or termination of these Terms: 

1. we will immediately cease providing the Services; 

1. any payments made by you to us for Services already performed are not refundable to you; 

1. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; 

1. you must return the Equipment to us, or make the Equipment available for our collection (at our sole discretion), and grant us a right of access to your premises where the Equipment is located for this purpose; 

1. by us pursuant to clause 7.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and 

1. we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 5.  

1. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.   

1. This clause 7 will survive the termination or expiry of these Terms. 

1. General  

1. Amendment: Subject to clauses 2.3, these Terms may only be amended by written instrument executed by the Parties. 

1. Assignment: Subject to clauses 8.3 and 8.12, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).  

1. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.  

1. Contracts (Rights of Third Parties) Act 1999: Despite any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a Party to it. 

1. Disputes:  A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by The Centre for Effective Dispute Resolution.  

1. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause: 

1. as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and 

1. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.  

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.  

1. Governing Law: These Terms are governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the courts operating in England and Wales. 

1. Intellectual Property: Nothing in these Terms constitutes an assignment or transfer of a Party’s intellectual property rights to the other Party. 

1. Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

1. Privacy: We will apply with all applicable data protection laws, and your personal data will be handled in accordance with our privacy policy (available on our website). 

1. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties. 

1. Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor. 

1. Definitions  

Business Day means a day on which banks are open for general banking business in England, excluding Saturdays, Sundays and public holidays. 

Booking Platform means the third-party booking system operated by Booqable, through which bookings for the Equipment are made. 

Commencement Date means the date that is the earlier of: 

1. the date that you complete your booking via the Booking Platform;  

1. the date that you ask us to begin supplying the Services; or 

1. the date that you make part or full payment of the Hire Fees. 

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Hire Fees and any other amounts payable under these Terms will not constitute “Consequential Loss”. 

Equipment means any equipment that we lease to you as part of the Services. 

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic. 

Hire Fees means the price set out on the Booking Platform, as adjusted in accordance with these Terms. 

Late Return Charge means the fee for late returns of Equipment set out on the Booking Platform, as adjusted in accordance with these Terms 

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services. 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise. 

Original Condition means the Equipment being clean and free from damage or defect, and in the same condition in which we provided the Equipment to you, subject to fair wear and tear. 

Payment Terms means the timings for payment of the Hire Fees and any other amounts payable under these Terms, as set out on the Booking Platform. 

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us. 

Services means the services set out on the Booking Platform, as adjusted in accordance with these Terms. 

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.