Terms & Conditions of Hire
1. Definitions: The following words shall have the following meanings in these Terms and Conditions:
“Booking Form” means the form you are detailing the item which you wish to hire and the Hire Period.
“Force Majeure” means any event which is beyond the reasonable control of Star Hire which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Hire Agreement” is a reference to these Terms and Conditions, any Invoice and payment instructions provided to you;
“Hire Charge” is a reference to the charge we make for the hire of an item to you and which is detailed in any quote we may provide to you;
“Hire Item” is a reference to any item, product, service or equipment hired from us;
“Hirer”, “you”, “your” and “yours” are references to you the person hiring an item from us;
“Hire Period” is a reference to the period which you have agreed to hire an item and which is specified on the Online Booking Form or a Quote;
“Online Booking Form” means the online form for Private events displayed on our website or any signed and printed version of this form which is completed by you detailing the item which you wish to hire and the Hire Period;
“Party Booth” means the photo booth, karaoke booth, flipbooks booth, led inflatable booth, outdoor cube booth or popup marquee booth which we have agreed to hire to you in accordance with these Terms and Conditions;
“Private” means all bookings for private events such as weddings, birthdays and other events of a celebratory nature which are not booked by persons in the course of their business and which are booked through our private department;
“Terms and Conditions” means the terms and conditions of the hire of a hire item as set out in this document; and
“Us”, “we”, “our” means Star Hire.
2. Agreement to Online Terms and Conditions
2.1 When hiring a Hire Item from us you do so in accordance with this Hire Agreement. You are deemed to have accepted the Hire Charge for the hire of the Party Booth, and other terms such as delivery, which have been quoted to you at the time of placing your order.
2.2 Any contract for the hire of a Hire Item is between you and Star Hire.
2.3 We reserve the right to amend or update our Terms and Conditions at any time and any subsequent bookings made by you shall be governed by such terms. 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.
3.1.1 In order to secure your booking a deposit of the Hire Charge quoted to you at the time of placing your order must be paid. The deposit amount will be approx. 25% of the total booking value. Once we receive the Hire Charge deposit we will notify you if your order has been accepted for the dates requested. If the dates are not available then we will notify you and a full refund of the deposit shall be made. A contract for the hire of the item only comes into effect once we have confirmed your order.
3.1.2 The balance of the Hire Charge must be paid in advance of the Hire Term or as otherwise confirmed by us.
3.1.3 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the item being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.
3.2.1 In the event that you decide to cancel your booking you must notify us immediately in writing. A cancellation fee will be payable: More than 90 days notice before the Hire Period commences – $30 admin charge; Less than 90 days notice (but more than 30 days) before the Hire Period commences – 100% of the deposit paid; less than 14 days before the Hire Period Commences – 100% of the booking value.
4. Basis of Hire
4.1 Hire Items are not intended for your commercial use (apart from promotions) and must only be used in accordance with these Terms and Conditions.
4.2 The Hire Period for a Hire Item is for the period specified on the Invoice. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.
4.3 The Hire Period shall commence and end on the dates specified on the Invoice. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge.
4.4 If we are unable to install the item on time due to access restrictions the Hire Period will remain unchanged. If your event simply starts late or runs late, the Hire Period will remain unchanged unless we agree to provide additional hours or to simply delay our planned start.
5. Installation and Use of Hire Items
5.1 You must ensure that the parking for Star Hire vehicles is suitable for loading into the venue, and parking during the event. (Parking close to the entrance to the venue). Free parking must be made available for both unloading/pack-away and for the vehicle to remain parked during the event.
5.2 You must ensure that access to the venue is suitable for Star Hire to transport the equipment for set up (Please notify us if there will be stairs or a long distance (more than 20metres) to carry equipment).
5.3 Some features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 1Mbps is required.
5.4 Where you have elected to transport the Hire Item, you will be responsible for any damage to the Party Booth or related equipment howsoever caused including any damage caused by third parties and you agree to indemnify us against loss, damage, cost or expense that we may incur as a result.
5.5 We cannot be held responsible for the number of times the Hire Item is used. In this instance no financial reimbursement shall be given.
5.6 Star Hire requires a minimum of two hours to set up and test a Party Booth correctly. If you require the Party Booth to be set up in a shorter period then we cannot be held responsible if it is not setup correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Star Hire are permitted access to install the Party Booth at the requested location. Star Hire cannot be held responsible if for any of the above reasons we cannot deliver the Party Booth on time for your event.
5.7 You must ensure that the space provided for the Party Booth is suitable (standard indoor photo booth: 2.5m x 2.5m x 2m height; karaoke booth: 3m x 2.5m x 2m height; flipbooks booth: 4m x 2.5m x 2m height; led inflatable booth: 3m x 2m x 2.3m height; outdoor cube booth: 3m x 2.4m x 2.4m height; popup marquee booth: 2m x 2m x 2m height; and that an adequate power supply is provided (single 13amp power socket with nothing else connected into it).
5.8 Where we supply the hire of props with a Party Booth, we will supply a small selection of props at our discretion. You will need to contact us if you would like specific props brought along.
5.9 Where you provide a selection of props for guest to use in the Party Booth, Star Hire cannot be held responsible for any loss, damage, cost or expense to these props during the Hire Period by you or your guests or other attendees.
6. Risk and Ownership of the hire item
6.1 Full ownership in the hire item shall remain fully vested in us at all times. You have no right, title or interest in the hire item other than that you are entitled to use the Hire Item for the Hire Period.
6.2 You are not permitted to hire, sub-let, sell, lend, or part with possession of the Hire Item at any time during the Hire Period.
7. Termination of Hire
7.1 Star Hire will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Hire Item or equipment. If this occurs Star Hire retain the right to terminate the hire immediately. This applies equally to you and your guests. Star Hire may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Star Hire or the equipment itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the item(s).Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided. Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Hire Item and or equipment howsoever caused, with the sole exclusion of damage caused by Star Hire staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
7.2 We also reserve the right to terminate the Hire Agreement at any time if you are declared bankrupt, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.
7.3 We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this Hire Agreement.
8.1 Data capture: The Party Booths may be set up to capture certain user data at the request of the Hirer. Users will be notified of this at the time.
8.2 Facebook: Star Hire uses its own “Star Hire“ Facebook application to upload pictures along with a set message from our Party Booths to Facebook. For each Facebook upload, there will be a reference to “Star Hire – Party Booth” as this is the name of the application and it is the policy of Facebook to reference it. It cannot be removed. Star Hire do not record or save any data of the users of this application when users logon to Facebook.
8.3 Email: Star Hire uses its own “Star Hire – Party Booth “ Email application to send pictures along with a set message from our Party Booths to any email address entered. All emails will be sent from a Star Hire email address which will appear in the ‘From’ section of an email. Star Hire do not record or save any data of the users of this application unless stated.
9. Photograph Usage and Ownership
Unless otherwise notified and agreed with you, you agree that all pictures taken in the Party Booths may be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures. Photos taken in the Party Booth during the event may be used by us to assist with promotion of Star Hire. This may include printed matter as well as online images. If you choose to have the Facebook or Twitter upload option you take responsibility for permitting all users to upload any picture to their own Facebook or Twitter page. Star Hire cannot be held responsible for the content of these pictures.
10. Limitation of Liability
10.1 We disclaim any and all liability to you for the supply of the hire item 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.
10.2 We shall not be held liable for any failure or delay in performing the service and hiring the Hire Item where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.
10.3 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 Hire Item. We do not make any representation or guarantee that use of the Hire Item in any promotional context will generate revenue or customers for you or your business.
10.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
10.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.
11. Star Hire Staff
Staff supplied by Star Hire are for the sole purpose of providing technical support, hosting (which shall include management of operating the Hire Item and people using the Hire Item) and on-site picture editing assistance. As agreed with the Hirer prior to the start of the Hire Term, where staff are supplied by Star Hire you must ensure that a minimum 15 minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. Star Hire staff should not be requested to undertake any additional function without first obtaining our consent.
12.1 We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
12.2 We may alter or vary the Terms and Conditions at any time without notice to you.
12.3 The Hire Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail.
12.4 If any term or condition of the Hire Agreement or these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition.
12.5. No delay or failure on our part to enforce our rights or remedies under the Hire Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
12.6 It is not intended that the undertakings and obligations of the parties set out in this Hire Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.