Booking Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context requires otherwise, the following words and expressions have the following meanings:
- "Contact" means the contact named by the Hirer on the Booking form. If the Contact is not available on the day, Photobooths London reserves the right to select an appropriate alternative, including but not limited to, a member of staff at the Venue, an events coordinator, a User, a close family member or friend of the Hirer, or the Hirer themselves.
- "Booking form" means the form completed to confirm booking details, including Contact on the day. This may also be in the form of an email.
- "Hirer" means the main booking contact named on the Initial Booking Form.
- "Hire date" means the date the Photo Booth is hired.
- "Photo Booth" means the Photobooths London system and related equipment.
- "Location" means the location of the Photo Booth once delivered and set up by a Photobooths London Representative on the Hire date.
- "User" means the people that use the Photo Booth while it is out on hire to the Hirer.
- "Venue" means the postal address at which the Photo Booth is to be located on the Hire date.
- "Photobooths London Representative" means a representative, either employed directly or sub-contracted for Photobooths London.
1.2 In this Agreement, the words 'include', 'includes', 'including', and 'such as' are to be construed as if they were immediately followed by the words 'without limitation'.
1.3 Reference to the singular includes the plural and vice versa.
#### 2. COMMENCEMENT
2.1 The Agreement shall commence on the date the Booking Form is signed or confirmation of booking is received via email and shall remain in place until the Photo Booth is either collected or returned to the satisfaction of Photobooths London.
#### 3. USE OF THE PHOTO BOOTH
3.1 The Hirer shall ensure the Photo Booth is used properly, safely, and without risk to health. The Hirer shall not remove or alter identification numbers or marks of the Photo Booth and shall keep the Photo Booth properly protected and safe. Photobooths London shall have no liability for any defects resulting from wear and tear, accident, improper use by the Hirer or Users except in accordance with the instructions or advice from Photobooths London.
3.2 The Hirer shall ensure the Photo Booth is not moved from both the Location and Venue other than by a Photobooths London Representative.
3.3 The Hirer shall obtain any necessary consent or permissions for the use of the Photo Booth at the Venue. Photobooths London shall not be liable for refusal or lack of any consent or permission.
3.4 The Photo Booth shall at all times remain the property of Photobooths London.
3.5 The Photo Booth shall be delivered on the date of Hire. A Photobooths London Representative will leave the Photo Booth operational and in suitable condition for use. The Contact on the day or agreed alternative Contact will sign the Photo Booth Delivery Note to confirm they agree the Photo Booth is operational and not damaged.
3.6 The Photobooths London Representative has the right to refuse delivery of the Photo Booth if:
- They believe the Photo Booth will not be used properly.
- The Venue or Location is believed to be unsafe or a risk to health.
- The Venue or Location is believed to possibly cause damage to the Photo Booth.
- The Venue or Location is believed to not be secure.
- The Contact on the day cannot be found or contacted.
3.7 The Contact on the day has the right to refuse to accept delivery of the Photo Booth if:
- They believe the Photo Booth to be unsafe or a risk to health.
- The Photo Booth is damaged to the point of being unusable.
- The Photo Booth arrives outside of the delivery timings listed on the Booking form.
3.8 Idle time requires the Booth to be securely stored.
3.9 After initial setup, the Booth cannot be moved. Moving the booth will incur an additional charge.
3.10 Photobooths London endeavors to be timely for setup and the start of the event. However, due to circumstances beyond our control, delays may occur. Where possible, an attendant will contact the responsible persons to notify them. We will endeavor to run the booth over the allotted time to make up the correct hire time if possible. No refunds will be given for circumstances beyond our control.
3.11 Extra Print Offers are for Normal/Wedding Album fills only. After the Album is deemed completed by our Attendant, the booth may be switched back to single print mode.
#### 4. UPLOADS AND FACEBOOK
4.1 All Uploads and Facebook Uploads are subject to a stable Internet connection.
4.2 Where possible, a WiFi connection needs to be made available for uploads. Photobooths London cannot be held responsible for the quality of the WiFi connection or disconnections or re-connections required by the WiFi connection.
4.3 Where a 3G Dongle is used (in the case that a WiFi connection is not available), Photobooths London cannot be held responsible for the quality of the 3G connection. Clients (the hirers of the Photo Booth) are required to check this beforehand, 5 days before the event.
4.4 The Client (Hirer of the Photo Booth) is required to log into Facebook for Facebook uploads to work and accept the PhotoBooth Live Facebook App.
4.5 Facebook Group or Company pages may not allow uploads to Album pages as they do not have an Album section. It is the responsibility of the Client (Hirer of the PhotoBooth) to check this up to 5 days before the event.
#### 5. GUEST BOOK
5.1 Guest books provided may be leather or an alternative material for the event. Guest books are provided for guests to put their second photo in the book with a message. While we actively encourage this, we cannot be held responsible for guests not leaving the photo or leaving a message or leaving the photo and message in a funny position. The guest book is left mainly for guests to use throughout the night and cannot be manned by the attendant all night.
#### 6. VIDEO OPTION
6.1 It is usual to receive video messages from guests; however, we cannot control or make people leave these messages. The button for the video message option is clearly visible.
#### 7. PAYMENT
7.1 A deposit as specified upon the Booking form shall be paid by the Hirer to Photobooths London. A receipt in the form of an email shall be sent to the Hirer. The receipt is the only proof of booking that the Hirer shall receive. Full payment must be made no later than 14 days prior to the event date.
7.2 If the Hirer fails to pay the invoice price by the due date, Photobooths London has the right to cancel the booking with no deposit being returned to the Hirer.
7.3 No refunds will be given due to fault of the Hirer in operation or use of the Photo Booth, or in lack of obtaining, or in the refusal of, the appropriate consents or permissions. No refund will be made for low usage of the facility.
#### 8. CANCELLATION
8.1 Upon receipt of written notification of cancellation four weeks prior to the Hire date, Photobooths London shall refund any monies paid, less the Deposit.
8.2 Upon receipt of written notification within four weeks prior to the Hire date, no refund will be provided.
#### 9. DAMAGE, LOSS, AND REPAIR
9.1 The Hirer shall be responsible for the loss, theft, or destruction of, or for any damage to, the Photo Booth while it is at the Hirer's risk (other than as a result of fair wear and tear) and shall fully indemnify Photobooths London in respect of all claims, proceedings, costs, expenses, loss, damage, and liabilities incurred by Photobooths London arising directly or indirectly from any such loss, theft, destruction, or damage.
9.2 Photobooths London shall not be responsible for any losses or equipment failure which is beyond its control.
#### 10. MECHANICAL PROBLEMS
10.1 On the rare occasion the Photo Booth may have technical problems, every effort will be made to rectify the problem. If the problem is rectified, the photo booth will be made available for use over the time provided. If the problem is a printer issue, photos will still be taken and printed out the next working day and sent to the client. No refund shall be given unless the Photo Booth cannot take photos due to camera or hard drive failure.
#### 11. TERMINATION ON DEFAULT
11.1 Without prejudice to the provision of clause 9, Photobooths London may, by written notice, terminate this Agreement or suspend its performance of all or any of its obligations under the same immediately if the Hirer fails to comply with any of its obligations under the terms of this Agreement.
#### 12. ENTIRE AGREEMENT
12.1 This Agreement expresses the entire agreement between the Parties in respect of the matters contained or referred to in it. There are no promises, terms, conditions, or obligations oral or written, express or implied, other than those contained herein.
12.2 No warranties, representations, or other matters were relied upon by the Hirer causing it to enter into this Agreement other than those expressly set out herein.
12.3 This Agreement shall not be modified in any way except through agreement by the Parties.
12.4 Except in the case of fraudulent misrepresentation, the only remedy available to the Hirer in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of contract.
12.5 If the Photo Booth cannot be delivered due to mechanical failure or transportation issues,
or the Photo Booth malfunctions to a point of being unusable, Photobooths London will be liable for a full refund of the booking amount only.
#### 13. FORCE MAJEURE
13.1 Photobooths London shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by, and may suspend performance of the same during, factors outside its control, including but not limited to, disorder and natural disasters.
#### 14. THIRD PARTIES
14.1 The Parties do not intend that any term of this Agreement may be enforced by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.
#### 15. NOTICES
15.1 Any notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
15.2 The Hirer's address for the service of notice shall be the address stated on the Booking Form. Any changes of address must be notified and acknowledged to be deemed valid.
15.3 A notice shall be deemed to have been served if a notification of completed recorded delivery notice is provided via Royal Mail.
#### 16. COPYRIGHT PHOTOS & VIDEOS
16.1 Photobooths London retains ownership of the copyright of all images and videos taken using the Photo Booth. Photos will be stored via server and online.
#### 17. CHOICE OF LAW AND JURISDICTION
17.1 This contract shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales in all matters regarding it, except to the extent that Photobooths London invokes the jurisdiction of the courts of any other country.
### Website Terms and Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Photobooths London's relationship with you in relation to this website.
The term Photobooths London or 'us' or 'we' refers to the owner of the website whose registered office is:
Balmoral Centre Clive Way, Watford WD24 4PX
Our company registration number is 8903682, registered in England. The term 'you' refers to the user or viewer of our website.
#### 1. The use of this website is subject to the following terms of use:
1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced
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