business hire terms and conditions
these terms and conditions apply to all advance hires to businesses, not personal hire for weddings or other events
Air Bar Ltd advance hire business hire Terms and Conditions for the airstream mobile bar
These Terms and Conditions are the standard terms which apply:
A) to the hire of Our classic 1967 Airstream aluminium exterior American vintage trailer mobile Bar (the “Airstream Bar”) from Air Bar Ltd , airstream.bar a private limited company registered in England under number 10717609 whose registered address is 106 Doversley Road Birmingham B14 6NW (“We” “Us” “Our”)
B) where You are hiring the Airstream Bar for the purposes of a “Business” and not as a “Consumer”, as defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Damage Deposit” - means a fee paid by You which covers all damage to the Airstream Bar and/or its contents including also but not limited to loss, theft, non-return, as explained in Clause 10;
“Airstream Bar” - means the Airstream bar referred to by Us in Recital A above supplied by Us and hired by You subject to these Terms and Conditions;
“Business Day” - means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” - means any day of the year;
“Consumer” - means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Contract” - means the contract for the hire of the Airstream Bar by You from Us, as explained in Clause 3;
“Deposit” - means the sum payable at the time of Your Order that is required to secure your Order;
“Force Majeure” - means any cause that is beyond the reasonable control of the Party in question including, but not limited to: pandemic; epidemic; power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by the Party or its suppliers or contractors; civil unrest; fire; explosion; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; epidemic or other natural disaster;
“General Operating Rules” - means the rules You agree to follow set out in Schedule 1;
“Hire Period” - means the period for which You will hire the Airstream Bar;
“Month” - means a calendar month;
“Price” - means the total VAT inclusive price payable for the hire of the Airstream Bar;
“Order” - means Your order for the hire of the Airstream Bar;
“Order Confirmation” - means Our acceptance and confirmation of Your Order as described in Clause 3;
“We/Us/Our” - means “Us” as defined above; and
“You/Your” - means you, the hirer of the Airstream Bar.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text or WhatsApp message, fax or other means.
1.3 Each reference the singular number shall include the plural and vice versa where appropriate.
1.4 An individual placing an Order (“signatory”) behalf of the hirer hereby represents and warrants that the signatory has the hirer’s authority to do so, and We will rely on that representation and warranty. If the signatory does not have such authority, the signatory shall instead be deemed to be the hirer and personally liable as if s/he had placed the Order as the hirer.
1.5 The Schedules, application forms and Order Confirmation form part of the Terms and Conditions and contract.
2. Information About Us
2.1 Public & Products Liability Insurance of £10 million.
3. The Contract
3.1 These Terms and Conditions govern the hire of the Airstream Bar from Us and will form the basis of the Contract between Us and You. This Clause 3 explains how a contract is formed between us.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, in our absolute discretion, accept.
3.3 A legally binding contract between Us and You will only be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit for the hire and a damage waiver deposit. Order Confirmation will be provided in writing by email.
4. Airstream Bar Details
4.1 We use all reasonable endeavours to ensure that Airstream Bar is regularly maintained, cleaned, repaired, safety checked, as necessary.
4.2 The Airstream is an International Overlander classic Airstream trailer with high quality equipment and finish.
4.3 Approximate dimensions are 7.0 metres length (8.20 metres in length including the a-frame and tail), 2.30 metres wide and 2.80 meters high.
5. Procedure For Your Order and Rules of Hire
5.1 When making Your Order, You will be required to supply the following information:
5.1.1 Complete and return Our application form DHC1 which will be emailed to you when responding to Your enquiry for the hiring and the information required within form DHC1;
5.1.2 We will confirm any minimum spend requirements upon receipt and those will be confirmed in the Order Confirmation;
5.2 The following rules apply to Your hire and use of the Airstream bar:
5.2.1 You will pay the Damage Deposit;
5.2.2 Take out and maintain for the period that the Airstream Bar is in your possession (or the period of the hire whichever is longer) and be responsible for and indemnify Us on an indemnity basis, and take out comprehensive insurances on a full replacement value like for like basis including but not limited to:-
22.214.171.124 employers liability, product liability, public liability, and to include but without limit and without prejudice to the generality of the following all inventory items, electrical installations, contents, exterior, wheels, axles, towing apparatus, tyres, bodywork, and to include, Death or personal injury of or to a third party; damage to the property of a third party; and theft of the Airstream Bar and damage inflicted upon the Airstream Bar during an attempted theft;
126.96.36.199 where You are towing the Airstream Bar comprehensive road insurance.
5.2.3 Comply at all times with these Terms & Conditions including the provisions of Schedule 1 and Schedule 2 and procure the compliance thereof by Your staff and third-party bar operators. Allow only Your staff and employees to operate and manage the Airstream bar and not to allow access to guest invitees or the general public save that You can hire third-parties to operate the Airstream Bar at the event You are hiring the Airstream Bar for provided that You first obtain from such Third Parties written undertakings which shall be on substantially the same terms as these Terms & Conditions and which shall be enforceable by You and are binding upon those Third-Parties to the same extent as these Terms & Conditions are binding upon You;
5.3 You must always lock the Airstream Bar and activate any installed security systems (if any) when leaving it unattended, irrespective of the length of time for which it will be so left.
5.4 You will be responsible for all alcohol licensing where We supply the Airstream Bar only not the drinks (dry) and You will be responsible for all Health & Safety laws and regulation relating to food and beverages, all alcohol licensing, legal operation and permits as required for Your event;
5.5 You will be responsible for your Risk Assessment for the activities You use the Airstream bar for including but not limited to staff, staff Health & Safety training, and for the safety of the public;
5.6 You will carry out Your own Coronavirus Risk Assessment and be responsible for compliance with all laws and regulations around Coronavirus and provide Your own equipment;
6. Hire Period
6.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
6.2 Unless it is expressly stated otherwise, the Hire Period begins at the time the Airstream Bar is handed over to You, on the first day of the Hire period and ends at the time the Airstream bar is returned to Us on the final day of the Hire Period.
6.3 You may request Us to the extend the Hire Period by contacting Us via telephone or email. If We agree, then any extension of a Hire Period shall be charged at a rate to be agreed by both Parties.
7. Fees and Payment
7.1 When placing Your Order, You will be required to pay the Damage Deposit.
7.2 The Price for the Airstream Bar will be confirmed to You separately at the time of Your enquiry to Us including the amount required for the Damage Deposit.
7.3 The balance of the Price (ie. the full payment) should be made when You collect the Airstream Bar at the start of the Hire Period.
7.4 Deposits should be paid by direct bank transfer or at Our discretion by credit or debit card when You place Your Order to Hire and We confirm Our acceptance (See Clause 3). We will not release the Airstream Bar to You without the payment in full. The Damage Deposit will be retained by Us in full or in part if the Airstream Bar including its contents is/are not returned or is/are stolen or damaged in any way.
7.5 Where VAT is chargeable for a hiring, the VAT inclusive amount of the Price will be shown in Our Invoice and Order Confirmation, and in addition the VAT exclusive amount and the VAT charged on that amount will be shown separately from each other in Our Invoice and Order Confirmation.
7.6 If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.
8.1 You may cancel Your Order at any time before the start of the Hire Period on and subject to the following conditions:
8.1.1 For Orders cancelled more than 6 months before the start of the Hire Period, there will be no charge and Your Deposit will be refunded in full.
8.1.2 For Orders cancelled less than 6 months before the start of the Hire Period, We will retain Your Deposit in full.
8.1.3 For Orders cancelled less than 28 days before the start of the Hire Period, We will retain Your Deposit in full and charge a further cancellation fee of 50% of the total Price.
8.1.4 For Orders cancelled on the day that the Hire Period begins, We will retain Your Deposit and the balance of the full Price will also be payable.
9. Collection, Hire and Return
9.1 The Hire Period begins on the date stated in the Order Confirmation at point of collection or delivery as applicable.
9.2 On handover We will complete an internal and external pickup report and also an Inventory with You and on return We will review these with You.
9.3 The Vehicle will be supplied in a clean and road-worthy condition having been fully valeted and subjected to a full inspection which includes checks on all Inventory items the interior and exterior including the towing apparatus and the tyres.
9.4 You will ensure that the Airstream Bar is returned to the Us in the same state and condition that it was handed over to You in with a complete inventory with the interior in the same clean and tidy state that You received it in Whilst You are not required to clean the Airstream Bar under normal circumstances, any spillages or stains inside the Airstream Bar which occur during the term of the hire must be cleaned by You and if not then We will deduct the cost from the Accidental Damage. See Clause 10.
9.5 If the tyres on the Airstream Bar become damaged during the term of the hire for any reason other than normal wear and tear You must replace, at Your own expense, that/those tyre(s) with tyres of the same type and dimensions. You must inform the Us of any such replacements.
9.6 You should not attempt to make any repairs to the Airstream Bar. This includes, but is not limited to, mechanical repairs and bodywork repairs.
9.7 You should not clean or polish the exterior due to its fragile nature.
9.8 The Hire Period ends at the point of return or collection as applicable, of the Airstream Bar, on the date stated in the Order Confirmation. Any unauthorised late return will incur an excess charge of £1,000.00 per day (with the first day taking effect after midnight on the date stated in the Order Confirmation.) The Airstream Bar may be returned early, however We are unable to issue any refunds of any kind for early returns.
10. Damage Deposit
10.1 A Damage Deposit (as notified to You separately on applying to Us) will be automatically added to Your Order and will appear on Our order Confirmation.
10.2 The Damage Deposit covers the following:
10.2.1 Any damage to the Airstream Bar or any item in the Inventory while in Your possession however caused;
10.3 In all circumstances You will be responsible for any and all damage and/or loss shown to the Airstream Bar in addition to that shown in sub-Clause 10.2
11. Loss and Damage
11.1 You are responsible for, and will be required to indemnify Us for, any and all loss or damage which may occur to the Airstream Bar, including its contents and inventory, together with Our losses arising from business interruption if We cannot use the Airstream Bar as a consequence. Where damage is caused by any Third-Party You will remain at all times liable to Us.
11.2 Any charges due under this Clause 11 will be taken out of Your Damage Deposit. If the cost of repairing the damage or replacing the Airstream Bar or any item of Inventory is, in Our reasonable opinion, higher than the sum of the Damage Deposit, You will be required to pay any excess sum forthwith on receipt of Our invoice.
11.3 You will not be responsible for any pre-existing damage to the Airstream Bar that has already been identified at the time of collection.
11.4 You are responsible to Us and will be required to indemnify Us in full, for the acts or omissions of any person, company or entity that You contract with or permit to use in or with the Airstream Bar including but not limited to staff or contractors whether freelance self-employed or not and this includes Third-party operators engaged by you and You will be liable to indemnify us against all and any claims for loss, damages, costs, interest, claims, fines, penalties, prosecutions or breaches of any regulations of whatever nature.
11.5 In the event that the Fire extinguishers provided by Us and noted on the Inventory are used then to pay the replacement cost.
12. Our Liability
12.1 We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from Force Majeure;
12.2 We shall not be liable in contract or tort (including negligence) by reason of any breach by Us of any term of these Terms and Conditions or other express term of the Contract, or Our breach of any implied warranty, condition or other term, or any negligent or innocent misrepresentation, or any negligence or other duty at common law, for any:
12.2.1 loss of use or unavailability of the Airstream Bar;
12.2.2 interruption to business;
12.2.3 loss of income, revenue, business;
12.2.4 loss of business opportunity;
12.2.5 loss of profit or contracts;
12.2.6 loss of anticipated savings;
12.2.7 wasted expenditure; or
12.2.8 any indirect, special or consequential loss, damage, costs, expenses or other claims;
arising from any act or omission by Us or any of Our agents or employees or any other person or entity in connection with the performance of Our obligations arising under these Terms and Conditions and the Contract.
12.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, or agents) or for fraud or fraudulent misrepresentation.
12.4 Without prejudice to any of the above provisions of this Clause 12, Our total liability under these Terms and Conditions shall be limited to the value of the Contract, that is, the total Price payable by You.
13. Force Majeure
If any event of Force Majeure occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.1 We will inform You as soon as is reasonably possible;
13.2 We will inform You when that event is over and provide details of any new dates, times or availability as necessary;
13.3 If that event continues for more than 10 Business Days We will (at Our discretion) cancel the Contract and inform You of the cancellation in writing;
13.4 If that event continues for more than 10 Business Days and You wish to cancel the Contract, You may do so by informing us in writing;
13.5 If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
14.1 Where You are an individual, We shall be entitled to terminate the Contract in the event that:
14.1.1 You are in breach of these Terms and Conditions;
14.1.2 You have had Your personal belongings confiscated in order to satisfy debts; or
14.1.3 You have a receiving order made against You.
14.2 Where You are a company, We shall be entitled to terminate the Contract in the event that:
14.2.1 You are in breach of these Terms and Conditions;
14.2.2 You go into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of Your assets.
14.3 In the event of termination for any of the above reasons:
14.3.1 all payments required under the Contract shall become due and immediately payable; and
14.3.2 We shall have the immediate right to request the immediate return of the Airstream Bar or repossess the Airstream Bar and may charge You for any reasonable costs involved in such repossession. You hereby agree that we have Your consent to enter any premises owned or controlled by You for these purposes.
15. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us in person by telephone at 07894488010, by email at firstname.lastname@example.org or by pre-paid post at Air Bar Ltd, 106 Doversley Road, Kings Heath, Birmingham B14 6NW.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
16.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from us by request. Please request these by e-mail to email@example.com.
16.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Airstream Bar, please contact Us in one of the following ways:
16.3.1 In writing, addressed to Directors, Air Bar Ltd, 106 Doversley Road Kings Heath, Birmingham B14 6NW;
16.3.2 By email, addressed to Directors, Air Bar Ltd, firstname.lastname@example.org;
16.3.3 By contacting Us by telephone on 07894488010;
17. Data Protection
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 being the UK General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from https://www.airstream.bar/privacy-policy
18. Entire Agreement
18.1 The documents comprising the Contract, these Terms and Conditions and any other documents expressly incorporated into the Contract, including but not limited to forms DHC1, the Inventory and the check out and check in forms (Condition Delivery Report and Condition Pick-up Report), contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
18.2 You acknowledge that, in entering into the Contract, We give no warranty and You do not rely on any representation, warranty or other provision except as expressly provided in the documents comprising the Contract.
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
19.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
19.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20. Dispute Resolution
20.1 The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
20.2 If negotiations under sub-Clause 20.1 do not resolve the matter within 14 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
20.3 If the ADR procedure under sub-Clause 20.2 does not resolve the matter within 28 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
20.4 The seat of the arbitration under sub-Clause 20.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
20.5 Nothing in this Clause 20 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
20.6 The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause 20 shall be final and binding on both Parties, and:
20.7 The parties agree to exclude any right of application or appeal to the English courts concerning any question of law arising in the course of the arbitration.
21. Applicable Law and Jurisdiction
21.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
21.2 The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
General Operating Requirements
• Respect the Airstream and each other.
• Only company employees of You or Your or authorised Third-Parties are allowed in the Airstream.
• No overcrowding. A maximum of 6 people in the Airstream at one time.
• No wellies or walking boots to be worn inside. Please wear soft-soled shoes.
• Do not use sharp instruments on the wooden worktops.
• Mop up spills quickly, especially on the wooden worktops.
• Always use mats when serving drinks.
• No hot items should be placed on the worktops without protection.
• Take care not to drag heavy objects across the floor or surfaces in case of scratches.
• Ensure the Airstream is locked, secured and that the hatches are closed and locked when not in use.
• Never leave the Airstream unattended when unlocked.
• Train all Staff whether Yours or Staff of authorised Third-Parties on the correct use and procedures for all the equipment included with the Airstream Bar.
• Carry out a daily visual inspection and check on all items of the Inventory and the state and Condition of the Airstream Bar (including but not limited to the exterior condition and the interior condition including the gas struts on the hatches) and to notify us of any concerns or issues forthwith.
• Turn all equipment off when not in use, especially at night.
• Keep the sinks clean at all times and use them appropriately; the food sink is not for hand washing and vice versa.
• Make yourself aware where the fire extinguishers and first aid kits are situated.
• Make yourself aware of emergency exits and your company’s fire risk policy/plan
• The inside of the Airstream should be cleaned at the end of each day.
• Do not store waste in the Airstream and recycle when possible.
• We encourage you not to use plastic. We support Project Aware and do not use unnecessary plastic like straws and cups.
Draft Beer System Procedures
• You will pay for use of the draught system, as notified in the Order Confirmation.
• You will clean the beer lines before and after use with appropriate beer line cleaner and leave fresh, potable water in the lines used.
• We accept no responsibility for the cleanliness or usability of the draught lines and system, although We take reasonable steps to ensure they are handed over cleaned and maintained appropriately.
• to alert Us to any issues, damage etc with the draught system, including gas lines and regulator.
• to care for the system and cooler appropriately.
• to turn the cooler off at night.
• to only use water in the cooler system, no coolant is to be used.
• to provide Your own gas for use with the draught system.
• to provide Your own keg couplers.
• either to ensure that Your staff and employees and those of any authorised Third-Parties are familiar with and are trained to use and clean the system appropriately and to will provide this training to staff or where this is not possible then to inform us and agree to Us providing training at a reasonable cost for time.