Bubble & Bounce Party Bookings – Full Terms & Conditions
Updated: 30th June 2021
COVID-19 TERMS & CANCELLATION POLICY:
a) In the case of Government legislation that a confirmed event cannot go ahead, a credit note will be offered minus any non-recoverable costs incurred by Bubble & Bounce Ltd.
b) In the instance of an in-person or real-life event not going ahead because of a host/guest testing positive or showing symptoms of Coronavirus, Bubble & Bounce Ltd, we will work on a case-by-case basis to reschedule the event or offer a credit note, but may have to charge for any non-recoverable costs such as; outsourced equipment hire.
A) DEFINITIONS & INTERPRETATIONS:
• “You” or “Your” and “Hiree”, refers to the named person who has completed the Booking form to engage Bubble & Bounce or its Third-Party Partners” and signed the Contract to confirm booking of the event.
• “Hirer” refers to the business/es supplying the Products/Equipment and/or Services for the provision of Your event, including but not limited to, Bubble & Bounce Ltd and our partners Funezee Photo Booths and R&R Creates.
• “B&B” refers to Bubble & Bounce Limited (company number: 09462256), registered office Access Storage, 160 Bromley Road, London, SE6 2NZ.
• “Booking” or “Booked” refers to any request made by You via email, telephone, social media or via the B&B website to enquire about or book B&B’s Products/Equipment or Services.
• “Email Quotation” or “Quotation” refers to the email quote you receive after your Booking request, outlining the costs of the Products/Equipment and/or Services you have requested from B&B to fulfil the Booking of your Event.
• “Contract” refers to the agreement between the You and B&B for the supply of the Products/Equipment and/or Services and consisting of the documents referred to in Clause A, point 4 below.
• “Products or Equipment” refers to any physical, tangible or digital products supplied to You for the Booking of Your Event, including, but not limited to, soft play, bouncy castles, inflatables and garden games.
• “Services” relate to any activities, entertainment or other related services requested in relation to the Booking of Your Event.
• “Third Party” or “Third Party Suppliers” includes, but is not limited to, Funezee Photo Booths, R&R Creates and any other third party (such as contracted event or party entertainers), who we engage with on your behalf to fulfil the requirements of the Event as requested and confirmed by you in the Contract.
• “Third Party Costs” means any Third-Party expenses reasonably incurred by B&B in relation to an Event that You have Booked with B&B.
• “Event” refers to either a Private Party, an Activity Day, an Activity Week, a Holiday Camp or a Corporate Event, organised by You or by B&B.
• “Event Location or Venue” means the location of the Event as set out in the Contract.
• “Non-Refundable Deposit” or “Deposit refers to the part payment of the Full Price of the Products/Equipment and/or Services that you have Booked with B&B.
• “Full Price” or “Price” refers to the Total amount for the Event, Products/Equipment and/or Services as stated on the Contract.
• “Outstanding Balance” refers to any outstanding money due to B&B for the provision of the Products/Equipment and/or Services Booked and confirmed for your Event.
• “Attendees” or “Guests” relates to the persons attending or participating in Your Event.
• “Relevant Information” refers to the requirement of any information related to the Attendees or Guests participating in an Event, whether or not hosted by B&B, in order to appropriately cater for the needs of the Attendees or Guests and in relation to any relevant data such as names or emergency contact information as required for the planning and fulfilment of the Event.
1. Clause headings shall not affect the interpretation of these Terms; the singular includes the plural and vice versa.
2. Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.
3. Any and all payments will be deemed made to B&B when they have been credited to B&B’s account in cleared funds.
4. The Contract comprises these Terms and the details of the Email Quotation.
5. If there is any inconsistency, the order of priority of the Contract documents shall be (i) Email Quotation (ii) Terms; variations of the Contract are effective only if agreed in writing by authorised representatives of the parties and will then prevail over these Terms.
B) CONTRACT & PAYMENT TERMS:
1. If B&B provides You with an Email Quotation, we may withdraw or modify that Quotation at any time before the Contract is formed. All quotations lapse ten (10) days after issue.
2. The B&B Contract is a full and binding legal agreement between You and the Hirer for the Products/Equipment and/or Services provided as outlined and agreed by You in the Contract.
3. On receipt of your Booking form, B&B will send you a Contract via the email address provided on your Booking, outlining Your Event information, the Products/Equipment and/or Serviced Booked and the balance due on your Booking.
4. A Non-Refundable Deposit and an authorised signature on your Contract will reserve the Products/Equipment and/or Services for the date of Your Event.
5. Your Booking is confirmed once the signed Contract is returned to B&B and the required Non-Refundable Deposit or Full Price for the Products/Equipment and/or Services You have Booked for Your Event has been received by B&B and have been credited to B&B’s bank account as cleared funds.
6. You must not make any withholding, deduction, set-off, counterclaim or cross demand against an invoice other than in respect of a genuine dispute that You have brought to our attention in writing (in which you have set out all reasonable details) before the due date for payment. In that case You will pay the full amount not in dispute.
7. Time of payment is of the essence of every Contract.
8. If You are engaging us for business-related purposes, B&B may (without limiting its remedies) charge You for B&B’s costs of collection and (as well after as before judgment) a sum equal to any loss suffered by B&B arising from that delay as well as interest on that sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and B&B may cancel the Contract and any other contracts with You.
9. If You fail to pay the Full Price (or any instalment of the Full Price) when due, B&B may suspend the Services (including delaying planning for the Event and purchasing of any goods or services required for the Event). If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Full Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay B&B any increased costs incurred by B&B as a result of that delay and B&B may alter its payment and credit terms under the Contract as it considers appropriate.
10. If You have any additional forms that need to be filled out by Bubble & Bounce, we will charge a £25 admin fee.
11. Any changes which decrease the value of your Booking or order requested less than 7 days before your event will incur a £25 charge.
C) CANCELLATION POLICY:
1. To cancel or reschedule, sufficient notice must be given – at least 48 hours prior to start of your event. You are liable to pay the Full Price if you cancel Your Event with less than 48-hour notice, this includes any Events booked at short-notice to the date of the Event taking place.
2. Cancellation after set-up has begun forfeits any refund. Postponement of event with at least 1-week notice may entitle you to use all or part of your deposit towards a timely rescheduled event at our discretion.
3. Any rescheduled event is subject to availability of activities at the time of re-Booking, which must be made within 12 months of the date the Event was postponed.
4. Notwithstanding point 4 above, you shall reimburse B&B for any Third-Party Costs incurred by B&B on your behalf prior to the time of cancellation of the Contract.
5. If You are engaging B&B for non-business related purposes and you have not concluded the contract with B&B in person at our offices, the Consumer Contract Regulations 2013 apply to this contract as a distance contract or an off-premises contract; this means you have the right to cancel the Contract within fourteen working days of receiving B&B’s Email Quotation. You can cancel your instructions by contacting us by post or by email.
6. If You wish to make an amendment to your booking once B&B have confirmed it to you via email, you should request the amendment in writing and B&B will within a reasonable time let You know:
a) whether it considers that amendment is reasonably practicable in all the circumstances; and if so
b) whether it affects the Full Price or any other terms or requirements relating to the Services. If B&B considers in its sole discretion that any amendment would jeopardise the safety of any Attendee or Guest or is otherwise unsuitable for any other reason it may refuse to accept that amendment and in that case You may cancel the Contract under point 4 above.
7. When you receive any information from B&B under point 8 above, You shall have a reasonable period to confirm Your agreement to the change to the Email Quotation and the Full Price. B&B may delay delivery of the Products/Equipment or the performance of the Services or any part of them until it has received your written confirmation that You wish either to proceed or not to proceed with the requested amendments.
8. We are not allowed to set up a bouncy castle if the Wind Gusts are over 24mph due to health and safety regulations. We reserve the right to cancel your booking due to these circumstances. Your deposit payment will be converted into a credit note for a future event or we will supply a smaller item that can be used indoors.
D) PROVISION OF PRODUCTS/EQUIPMENT AND/OR SERVICES:
1. B&B shall use all reasonable endeavours to provide the Products/Equipment and/or Services in accordance with the Contract and shall do so with all reasonable skill, care and diligence. Where we are unable to provide the Products/Equipment and/or Services to You, we will endeavour to provide a like for like replacement or alternative.
2. B&B shall:
a. Ensure that any staff engaged us in the provision of the Products/Equipment and/or Services have been interviewed by B&B, have a valid and up to date Disclosure and Barring Service check;
b. use reasonable endeavours to ensure all staff are suitably qualified and trained to deliver and set-up the Products/Equipment and perform the Services requested for Your Event;
c. comply with all legislation in relation to the Products/Equipment and/or Services and shall maintain the correct ratio of adults to children (when applicable) for the use of the Products/Equipment and/or Services at the Event in question.
3. If You are providing or arranging the Event Location or Venue, You shall:
a. Grant B&B all reasonable access to the Event Location or Venue at times reasonably requested by B&B to enable B&B to assess the suitability of the Event Location or Venue and to deliver, set up and prepare the Products/Equipment and/or Services for Your Event;
b. ensure that the Event Location or Venue fully complies with the descriptions and terms set out in the Contract and are suitable and safe for the purposes of the Event; and
c. advise B&B without delay of any changes to the Event Location or Venue prior to the date of the Event.
4. If in B&B’s reasonable opinion the Event Location or Venue requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location or Venue to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable deposits or deposits paid to third parties incurred by B&B in relation to Your Event Booking).
E) USE OF PRODUCTS/EQUIPMENT:
1. We reserve the right to set appropriate rules of conduct and age/weight/time limits in order to best facilitate your Event and maintain a safe environment.
2. All of our inflatables are designed for use by children of up to 65kgs and should not be used by children over the age of 14, with the exception of our range of adult castles.
3. No food, drinks or chewing gum are allowed on or near the inflatables.
4. All shoes, glasses, jewellery, badges or anything else that may damage the inflatable, must be removed before using inflatables.
5. No coloured streamers or silly string to be used either on or near the inflatables. Failure to adhere will result in a cleaning charge of £40.00.
6. No smoking, barbecues or anything else flammable should be used on or near the inflatables at any time.
7. Climbing, hanging or sitting on walls is dangerous and is not be allowed at any time. Some of our inflatables are designed to have low walls for supervision purposes, and on these types of inflatables this point is exceptionally important, especially when the inflatable is erected on hard surfaces.
8. It is the hirer’s reasonability to ensure the Equipment fits in the Venue or Location hired for the Event. If for whatever reason your Equipment does not fit in your Venue or Location, You will be still responsible for the outstanding balance of the Booking and hire of the Equipment for Your Event.
9. In the event of heavy rain, it is strongly recommended that the inflatables be switched off. Any wetness, including bubbling (which is normal) can be dried with a towel.
10. We are not allowed to set up a bouncy castle if the Wind Gusts are over 24mph due to health and safety regulations. We reserve the right to cancel your booking due to these circumstances. Your deposit payment will be converted into a credit note for a future event or we will supply a smaller item that can be used indoors.
11. In the event that the fan stops working, ensure all Attendees or Guests are removed from the inflatables immediately to avoid suffocation (The most common faults that occur with the fan, are that it may tip over or the air vents can become obstructed by leaves, debris or carrier bags etc, if this is the case, then please ensure the fan is unplugged and then safely remove the obstruction. If the problem persists, then please call us immediately on 020 8333 0191).
F) VOLUNTEER SUPERVISION OF HIRED EQUIPMENT:
1. If You are not hiring any of our trained supervisors for Your Event, you must follow these guidelines for volunteer supervision for each soft play, inflatable (including bouncy castles) or garden games Equipment that you are hiring from B&B:
a. Two responsible adults must supervise the Equipment at all times. If not adhered to and in the event that an accident does occur to any of your Attendees or Guests, you may be liable under your own insurance.
b. You must always ensure that the Products/Equipment being used are not overcrowded, and limit numbers according to the age, size and stature of children using it.
c. Avoid large and small children from using it at the same time as this could lead to accidents or injury to one of your Attendees or Guests.
d. You must ensure that children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.
e. Do not allow anyone to be on the inflatables during inflation or deflation as this can be extremely dangerous, causing accidents or suffocation.
f. If the inflatables are not being used for any part of the day or adequate supervision is not available, You must ensure that all children are well away from the castle and that the fan is switched off at the mains.
g. You must not walk away from an inflatable until it has fully deflated as small children can be caught up inside, this can lead to suffocation.
h. You must not allow anyone to bounce on the front safety step as a child could easily bounce off the inflatable and get hurt. The step is there to assist users in getting on or off only.
i. Anyone with a history of back, knee, hip or neck problems; anyone who suffers from a heart complaint; anyone who is feeling unwell or suffering the effects of alcohol or drugs and; pregnant women must not use the Products/Equipment at any time. Any person with any of these pre-conditions who do use the Products/Equipment do so at their own risk, and the Hiree agrees not to hold B&B responsible for any accidents, injuries or fatalities that may occur as a result.
j. In the event that someone is injured, You must ask anyone using the Products/Equipment to stop using it immediately and leave the area as safely and as smoothly as possible and DO NOT move the individual who is injured, leave the inflatables switched on and dial 999 immediately for advice.
k. Ensure that Your Attendees or Guests are dressed appropriately for the Products/Equipment and that they are not attempting somersaults or any other acrobatics whilst using the Products/Equipment.
l. Ensure that an area of 6 feet (2 meters) around the unit is completely clear and ensure the area in which the Products/Equipment is to be erected is completely swept of debris, washing lines, children’s toys and especially dog droppings, before our arrival.
m. The inflatables should not be used if it becomes wet on the jumping area. If no rain cover is fitted, and, in the event of rain, the inflatable should not be used.
n. You or one of your representatives must stay with the equipment if B&B are running late to collect the items. You will be informed by telephone if this is the case.
G) DIRTY/MISUSE EQUIPMENT:
1. B&B Products and Equipment should be in the same condition upon collection as when they were delivered.
2. A senior B&B staff member will review the state of the equipment on delivery and collection and if deemed unsatisfactory when the Products or Equipment is collected, a £40 charge must be paid on collection or within 48 hours of the end of your Event. Should the payment not be received within 48 hours, we will endeavour to automatically debit this from a card held on the Booking.
H) DELIVERY & COLLECTION:
1. All outdoor collections will finish no later than 8pm on the day of the Event, unless an early/late, next day or alternative day for collection has been agreed and paid for in advance of the Event.
2. All Deposits are Non-Refundable. If you cancel your booking with at least 14 days’ notice before your booking date you may use your existing Deposit to redeem against another future booking within 12 months of the cancellation date.
3. If you cancel your Booking with less than 14 days’ notice we would require you to pay 50% of your booking cost. If you cancel with less than 7 days’ notice, the Full Price is required.
4. B&B will endeavour to meet the stated Contract times as closely as possible.
5. You must ensure all delivery details are correct, as incorrect details could result to non-delivery and B&B cannot be held responsible for this and the Full Price will still be required for the Products/Equipment and/or Services provided in relation Your Booking.
6. Whilst B&B will always attempt to deliver and collect to the stated times on the Contract, neither B&B nor their Third-Party suppliers can be held responsible for late delivery/collections due to circumstances beyond their control. This includes, but is not limited to; incorrect delivery information, traffic, bad weather, road accidents etc.
7. Hirees’ must;
a. Ensure that access is available at the stated time of delivery, that any balance payment fees are available on delivery before set-up. B&B employees or suppliers will not be able to leave Products or Equipment hired if the full balance is not paid.
b. Ensure that access to the site is clear and that the Hirees’ representative at the time of delivery is;
i. aware of the positioning of the equipment;
ii. has access to all necessary points to ensure the safe installation of the equipment;
iii. that the proposed operating site for the equipment is clear of any obstacles that may prove to be a hazard for the safe operation of the equipment and;
iv. has the authority to sign for delivered equipment and receive any safety/operating instructions. In the event of access not being available at the time of delivery/collection B&B or its Third-Party suppliers reserve the right to return at a later time and to pass on an additional redelivery cost.
c. Where equipment needs to be delivered through buildings it is the Hirees’ responsibility to ensure that any fittings, furnishings or other items are removed or covered with protective material. B&B or their Third-Party suppliers cannot be held responsible for any damage to fittings or furnishings, however caused, although every precaution is taken to ensure this does not happen.
d. Inform B&B of any obstacles i.e. stairs, long walkways before Your Event date. Lack of information could result in the Products or Equipment You have Booked for Your Event not being deliverable and in this instance, You will still be liable for the Full Price of the hired Products/Equipment and/or Services.
e. Ensure that once the Products or Equipment are installed, are not removed or moved, have items added to or, be altered in any way or used for any other purpose other than that which it has been designed for, without the written permission from B&B.
8. Please allow at least 30 mins after Your booking time for us to arrive at the Venue or Event Location and begin packing down. This does not include packing away. You or Your representative, must stay with the equipment until a member of the B&B team arrive to collect the item/s.
I) DATA PROTECTION
1. B&B shall process all personal data relating to You and the Attendees or Guests and other individuals in accordance with the General Data Protection Regulation 2016 and the Data Protection Act 2018 (“the Data Protection Legislation”).
2. You hereby authorise (and confirm that you have a lawful basis to authorise) to the processing of any personal data (including Special Category Personal Data as defined in the Data Protection Legislation) relating to the Yourself, Attendees or Guests for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the processing (including gathering, storing and use) by B&B and any Third-Party Suppliers engaged by B&B in the delivery or performance of the Services, of any medical details relating to the Attendees or Guests for the purposes of protecting the health and safety of the Attendee or Guest at any Event.
4. If You are engaging B&B for business-related purposes, You warrant that any personal data which You provide to us, whether relating to You or to the Attendees or Guests or otherwise, is accurate and adequate for the provision of the Services and may lawfully be processed by B&B for those purposes. You accept that it is Your sole responsibility hereunder to meet the relevant lawful conditions to collect and share this personal data in accordance with the Data Protection Legislation and shall hold B&B harmless for any cost, claim, damage or expense which You incur in relation to any claim by a data subject (as defined in the Data Protection Legislation) that such processing was in contravention of their statutory rights, except to the extent if any that such claim relates to any breach by us of this clause.
1. You acknowledge that all risks related to the Event, except for the risk of physical injury to person or damage to property directly caused by B&B’s negligence, are borne by You and You are advised to insure accordingly. If You would like us to refer you to an appropriate events insurer, You should ask us to do so with sufficient time in advance of the Event. You acknowledge that the Full Price reflects this balance of risk. Your attention is further drawn to the limitations of B&B’s liability as noted in the clause below.
K) LIMITATION OF LIABILITY:
1. Hiree recognises and understands that use of Hirers equipment may involve inherently dangerous activities.
2. Consequently, Hiree agrees to indemnify and hold Hirer harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable legal fees arising by reason of injury, damage, or fatality to persons or property, in connection with or resulting from the use of said equipment including, but not limited to the delivery, possession, use, operation, or return of the equipment.
3. Hiree hereby releases and holds harmless Hirer from injuries or damages incurred as a result of the use of said Products/Equipment unless the Hirer is operating the Products/Equipment and is deemed by a court of law to be negligent in its actions. Hirer cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge.
4. Hiree also agrees to indemnify and hold harmless Hirer from any loss, damage, theft, or destruction of the equipment during the term of this contact and any extension thereof.
L) TERMINATION OF THE CONTRACT
1. B&B may at any time terminate the Contract forthwith by written notice to You if You fail to pay to B&B any sum when due or if You fail to comply with any safety requirement or obligation set out in these Terms and do not remedy any breach within a reasonable time of notice from B&B to do so.
2. Either party may terminate the Contract forthwith by written notice to the other if the other party is or is deemed to be insolvent or steps are taken to:
a. propose any composition, scheme or arrangement involving the other party and its creditors; or
b. obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party’s property, or repossess its assets; or
c. file a petition in bankruptcy or to wind up or dissolve the party or sequestrate its estate or outside England anything corresponding to any of the above occurs.
3. If the Contract is terminated, B&B (without prejudice to its other rights but subject to any relevant mandatory laws) may do any of the following:
a. declare immediately payable (and so interest-bearing under clause B, point 12) any sums due to it by You, proceed against You for the same and/or damages, and appropriate any payment by You as represents sums due under the Contract;
b. suspend further performance of any Contract and/or any credit granted to You on any account.
4. Termination of the Contract shall not affect the accrued rights of You and B&B under the Contract.
1. You acknowledge that all intellectual property rights in and relating to the Services (including but not limited to trademarks, copyright and design rights) shall remain the sole property of B&B.
2. No previous waiver of any breach of the Contract shall constitute any waiver of any right or remedy.
3. The Contract may not be assigned by either party without the written consent of the other party.
4. Clauses A, B 12 and 13, C 5 and 7, L, M and this clause N shall survive termination of the Contract.
5. A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract but this does not affect any right or remedy of a third party which is available apart from that Act.
6. The Contract shall be governed and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.