Terms & Conditions of Hire
General Hire conditions
1.1 Bookings can only be accepted from persons over the age of twenty one (21) years old.
1.2 The hirer is responsible for all persons in and around the pod during the period of hire.
1.3 ALL changes to a booking are allowed by prior agreement with Kitchen Pod Hire and confirmed in writing.
1.4 We reserve the right to refuse any booking without any obligation to give a reason and/or reserve the right to terminate any booking for whatever reason at our absolute discretion.
1.5 The hirer must give access to the pod as/when required to us or our staff/agents. In this case, unless it is deemed urgent for safety reasons, we will give 24 hours notice either in writing or by phone.
1.6 The hirer acknowledges that the pod, at all times, remains the property of Kitchen Pod Hire Ltd. The Hirer has no right, title or interest in the pod except that it is hired to the Hirer in accordance with the terms of the Contract.
1.7 The Hirer will have quiet possession of the pod. We shall not, other than in the exercise of our rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the pod during any Hire Period
1.8 The Hirer shall immediately notify Kitchen Pod Hire of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property
1.9 The Hirer shall not hire, lease or sell the pod or licence or create any security interest or type of preferential arrangement on or over the pod.
1.10 The hirer shall not do or permit to be done anything which could invalidate Kitchen Pod Hire Ltd’s insurances
1.11 The Hirer will take all appropriate measures to secure the pod at the Site, including when not in use
1.12 The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of Kitchen Pod Hire Ltd
Deposits & Payments
2.1 A security deposit of £250 is payable at the time of booking to secure a booking.
2.2 Security deposits are refunded in full provided that the pod is returned undamaged and clean. Refunds are actioned after cleaning and inspection of the returned pod, but within 7 days of the termination of hire. We reserve the right to charge for any extra, beyond reasonable, cleaning or repairs that prove necessary such as, but not limited to: replacing and/or repairing all damage, all breakages, additional cleaning of the pod and removing stains or replacing as new.
Note: Deposits are non-refundable in the event of cancellation (see Cancellations)
2.3 The full balance of the hire is payable 7 days before the commencement of the hire, or 5 days after the initial booking, whichever is closer to the hire start date.
2.4 If the balance is not received within the timeframe in 2.3, we reserve the right to re-list the pod for hire and the deposit is forfeited.
2.5 Where a payment plan has been established (either through staged payments or with a Purchase Order) payment must be made in advance or as set out in the specific agreed terms on the invoice.
2.6 In all cases where a Purchase Order is raised or other arrangement agreed (eg. Pod delivered after accepting quotation), payment must be made within 14 days of delivery of the Kitchen Pod.
2.7 Where circumstances have permitted payment after delivery (eg in 2.6 above), a late payment made after 14 days from date of delivery will attract a Late Payment Fee of £50 per week, or part week, overdue.
Cancellations
3.1 In the event of needing to cancel a pod hire, you must inform us in writing (Note. Deposits are non-refundable in the event of cancellation)
3.2 No refund will be given once the hire has commenced.
3.3 Once the balance has been paid, refunds will only be considered in certain circumstances at our discretion and subject to the time remaining to the pod hire and a replacement booking being obtained. We will endeavour to re-let the pod and, if successful, the amount paid will be refunded less an administration charge. If we are unable to do so, the Hirer will be liable for the full amount already paid
3.4 If, due to unforeseen circumstances, Kitchen Pod Hire deem it necessary to cancel a booking, we will notify you in writing and contact you by telephone. We will make all endeavours to rearrange your hire for a mutually agreed time. If we are unable to agree a new hire period, we will refund all moneys paid and you you agree that this will terminate any hire agreement that was previously in place.
Upon commencement of hire
4.1 In the case of a maintenance problem or defect, the hirer shall contact us without delay. D.I.Y repairs must NOT be attempted. If the hirer does any D.I.Y repairs, then 2.2 will apply.
4.2 Smoking is NOT allowed in the pod
4.3 The pod is to be left in a clean and tidy condition at the end of the hire period. Failure to do so will refer to 2.2
4.4 If, after delivery of the pod and handover, you notice damage that hasn't been recorded on the damage chart, you must notify us of this damage in the first 24 hours of your hire
Site Safety
5.1 The hirer must not move the pod nor tamper with or adjust any element of the pod or the service connections during the period of hire. If it becomes necessary to adjust the pod or any of the elements, the hirer must inform us of the request and provide us sufficient time to come to site and make any adjustments reasonably requested.
5.2 The hirer must sign and confirm they understand the risk assessment and their part in ensuring safety of the pod and all occupants.
5.3 The hirer understands that elements of the pod that connect to services could be a hazard and the hirer and those working around the pod shall pay due care and attention around the pod to ensure there is no risk of injury to persons or pod
5.4 We conduct a risk assessment and we cannot be held liable for any injury incurred as a result of misuse or lack of due care and attention on the part of the hirer (or those around the site), or use of the pod in a way that hasn’t been intended.
5.5 We do not accept liability for any loss or damage to the hirer’s property and/or accidents, injuries, illness, diseases, arising from the hire of the pod, including acts of God or extreme weather conditions.
Pod Safety and Security
6.1 The hirer agrees to abide by the conditions and provisions contained in the risk assessment
6.2 The hirer agrees to ensure the suitable security of the pod and to only permit access to those approved by the hirer.
6.3 The hirer must take all reasonable steps to ensure the security of the pod including, but not limited to, closing all doors and windows and locking the pod when not in use. The hirer must not leave the pod unattended without first ensuring all doors and windows are locked or secured in order to prevent unwanted access
Personal Information
6.1 Kitchen Pod Hire Ltd is the data controller of any personal information a Hirer provides to us. We will collect and process such information in order to process and fulfil an Order. If the Hirer is an individual providing us with its own personal information, please see our privacy policy which is available on our website for further information on how personal information is used and rights in relation to that information.
Liability
7.1 We are responsible to the Hirer for foreseeable loss and damage caused by us. If we fail to comply with the Contract, we are responsible for loss or damage the Hirer suffers that is a foreseeable result of us breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and Kitchen Pod Hire Ltd knew it might happen, for example, if you specifically drew it to our attention during the sales process
7.2 AS A CONSUMER, THE HIRER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE EQUIPMENT. ADVICE ABOUT THE HIRER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE HIRER’S LEGAL RIGHTS AND REMEDIES
8.1 We reserve the right to change these Terms and Conditions at any time and advise you check back regularly to satisfy yourself of these Terms and Conditions
PLEASE NOTE
Once we have received your £250 deposit you, the hirer, has agreed to the full terms and conditions, as above, as applicable at the time of your booking.
These terms and conditions do not affect your statutory rights under English, Northern Irish or Irish law