1. Definitions
The following words shall have the following meanings in these Terms and Conditions:
1.1 “Booking Form” means the form on which you detail all relevant information pertaining to your hire/rental.
1.2 “Hirer”, “you”, “your”, “The Client” and “yours” are references to the person hiring the Photo Booth from us.
1.3 “Hire Period” is 48 hours from point of taking delivery, unless otherwise expressly agreed in writing.
1.4 “Online Booking Form” means the online form displayed on our website or any signed and printed version of this form which is completed by you.
1.5 “Photo Booth” or “Product” means the photo booth which we have agreed to rent to you in accordance with these Terms and Conditions;
1.6 “Terms and Conditions” means the terms and conditions of hire of the Photo Booth as set out in this document; and
1.7“The Memory Booth”, “us”, “we”, “our” means The Memory-Booth Ltd (Company Number 09730871) whose registered office is at 61 Salterns Road, Poole, Dorset. BH14 8BL.
2. Acceptance of Terms & Conditions
These Terms & Conditions of use constitute a binding legal agreement between The Client and The Memory-Booth Ltd.
2.1 When hiring a Photo-Booth from us you do so in accordance with these Terms & Conditions.
2.2 Any contract for the hire of the Photo Booth is between you and The Memory-Booth Ltd alone.
2.3 The Terms and Conditions displayed on the website at the time of booking your event shall apply to your booking. We reserve the right to amend or update our Terms and Conditions at any time. We reserve the right to alter our pricing on our literature and website at any time without prior warning but this will not affect bookings which have been confirmed by us prior to any changes made.
2.4 You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions and any loss or damage caused to the equipment you have rented from The Memory-Booth Ltd.
2.5 All equipment remains the property of the company at all times.
2.6 By placing an order with us either verbally, via e-mail or via our website regardless of whether a Booking Form has been returned, or deposit paid, it is deemed that the customer has read, understood, fully agreed to and is bound by all our terms and conditions.
2.7 When you borrow a product you agree not to re-sell the product or make them available to anyone else.
3. Basis of Hire
3.1 Upon confirming availability with the client, we agree to have the product delivered and collected at an agreed place and date. The current shipping policies governing the delivery and return of products are in your confirmation email. Whilst we will make every effort to ensure delivery is timely this may vary based upon (a) your delivery address, (b) when you place an order, and (c) other circumstances beyond our control. The risk of loss for items shipped passes to you upon our delivery to the client. You agree to take care of the rented product and any accompanying packaging and/or documentation that are supplied with the product. If the product returned is damaged or in a dirty condition that exceeds normal wear and tear, as determined by The Memory-Booth Ltd in its sole discretion, you agree that we may invoice you for the full cost of replacing such product as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The product replacement fee is £5,000 GBP. You agree to return the product on or before the agreed date. If the product is returned late you agree to be invoiced at a rate of £250 per day as well as charge you for the full amount for any lost earnings or incurred costs resulting from the late return.
3.2 By hiring from us, the product is not intended for your commercial use unless expressly agreed in writing beforehand. The product must only be used in accordance with these Terms and Conditions.
3.3 The Hire Period is for 48 hours from the time of delivery to you, unless otherwise agreed in writing beforehand. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.
3.4 The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge.
3.6 All images resulting from the rental will be sent to you within a maximum of 14 days of the return of the product. These may be sent either via post (USB Stick) or via online file transfer to your preferred email address.
5. Billing & Fees
5.1 You agree to provide The Memory-Booth Ltd with accurate, complete and current credit/debit card information for a valid credit/debit card you are authorised to use. You authorise The Memory-Booth Ltd or its agent to bill your credit card the applicable fees, and all applicable taxes and any other charges you may incur in connection with your rental (including fees relating to damage or late charges). The applicable fees will be charged to your credit/debit card on the date your booking is made, and thereafter where necessary.
5.2 If the product is not returned on the agreed date, The Memory-Booth Ltd will charge your credit/debit card for each overdue day, at a rate of £250 per day, until the product is returned.
5.3 If The Memory-Booth Ltd does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all the amounts due from you, including but not limited to using third party collection agencies. The Memory-Booth Ltd reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
5.4 You are solely responsible for any and all fees charged to your credit/debit card by the issuer, bank or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 9 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
5.5 Full payment is required to secure any booking.
5.6 Deposit payments are non-refundable.
6. Date Changes & Cancellations
6.1 In the event that you decide to cancel your booking you will be charged a £100 cancellation fee, if cancelled 60 days or more before your event date. If you wish to transfer the booking to another date, providing it is within 365 days of the original date and at least 30 days of notice are given, no further fee will be applied.
6.2 Any request to alter the agreed date of the rental must be made in writing at least 60 days prior to the event, as stated on the booking form.
6.3 Any change of date is subject to the availability of the Photo Booth on the alternative date.
7. Photograph Usage and Ownership
7.1 Unless otherwise notified and agreed with you, you agree that all pictures taken in the Photo Booth may be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures.
7.2 Photos taken in the Photo Booth during the event may be used by us to assist with promotion. This may include printed matter as well as online images.
7.3 All photos/images will be in joint ownership of both The Memory-Booth Ltd and the Client.
8. Set Up & Support
8.1 The Product has been specifically designed and engineered for simple self-serve installation & operation. It is supplied with instructions and as such The Memory-Booth Ltd cannot be responsible for the client not understanding how to operate the photo booth and manage trouble shooting.
8.2 We will provide telephone support to you in the instance of any technical difficulty which you are unable to resolve. Telephone support will be provided throughout the agreed Hire Period. It is your responsibility to call the support numbers provided and inform us of any issues in good and reasonable time. We ask that you leave a message if not answered. If a message is not left we cannot guarantee that we will respond to the call.
8.3 In the event of technical problems which have not been notified to the company during the hire period or arising due to lack of due care and attention on your part, The Memory-Booth Ltd cannot accept responsibility and reimbursement of fees will not be given to compensate for any loss of photo booth run time.
9. Limitation of Liability
9.1 We disclaim any and all liability to you for the supply of the Photo Booth 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 charge 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.
9.2 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 forces out of our control. In such circumstances our liability shall be limited to a full refund.
9.3 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 of the product. We do not make any representation or guarantee that use of the product in any promotional context will generate revenue or customers for you or your business.
9.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
9.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.