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Terms and Conditions
Te Whare Tākaro – House of Play “Terms and Conditions”
Overview
This website is operated by Te Whare Tākaro – House of Play. When making a booking please ensure you have read and understood all Terms and Conditions. Once the deposit has been received it is deemed and understood that the client fully agrees to and is then bound by the terms and conditions listed here and so doing enters into a booking agreement with Te Whare Tākaro – House of Play
All products and equipment remain the property of Te Whare Tākaro – House of Play at all times
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your booking agreement. We reserve the right to refuse service to anyone for any reason at any time.
Any person/s hiring our equipment are responsible/liable for any damage or injuries occurring from or as a result of misuse or reckless use. Person/s using do so at their own risk. These guidelines are for the safety of all person/s using the equipment and it is the sole responsibility of the client to ensure they are adhered to. Te Whare Tākaro – House of Play does not accept responsibility for any damage or injury to anyone using the equipment, however caused.
All our bouncy castles and/or soft play equipment comply with HIANZ (Hire Industry Association of New Zealand) safety standards and recommendations.
Written safety instructions and a safety briefing are given to the client or the clients representative immediately following set up and before the event begins. It is the responsibility of the client to ensure that these instructions are followed.
1. Definitions:
1.1 We/Our/us/the company: Te Whare Tākaro – House of Play
1.2 You/Your/Client/Hirer: The person/s hiring the equipment or the consumer of the services provided
1.3 Equipment/Products: All items listed on our website and provided to the client to hire
1.4 Play Equipment: Bouncy Castles, Bubble Houses, Soft Play Equipment, Bumper Cars and all accessories included with these products include safety mats, fencing, rules signs etc
2. Pricing and Payments:
2.1 Prices for our products listed on our website are subject to change without notice. We will adhere to the booking price agreed upon at the time of booking only when the ‘booking deposit’ has been paid and received
2.2 The charge for securing your hire is a 30% booking deposit. This means 30% of the total hireage/service amount. Te Whare Tākaro – House of Play will secure your booking and consider it ‘booked’ only when the 30% booking deposit has been paid and received
2.3 The remaining balance of hireage/service cost plus the bond payment required is payable no later than (14) days prior to the hire date. If required a reminder message will be sent to the client prior to these 14 days if we have not yet received the balance
2.4 Failure of the client to pay the remaining balance by the 14thday prior to the date of hire will reserve Te Whare Tākaro – House of Play the right to forfeit your booking in accordance with the Contract and Commercial Law Act 2017 on the subclause, ‘Breach of Contract’ and the deposit will be held with no refund.
3. Cancellations:
3.1 If the client requests to cancel a booking agreement within 14 days of the event hire date, the booking total will be held in full and no refund will be provided
3.2 If the client requests to cancel a booking agreement between 14 -30 days of the event hire date, 30% (which is the securing date deposit) will be held in full with the option of a rescheduled date of hire at an available time, or a 70% refund on the total booking, not a full refund
3.3 If the client requests to cancel a booking agreement outside 30 days of the event hire date, we can offer the option of a rescheduled date of hire at an available time or a full refund
4. Bond Payments:
4.1 If multiple items are hired, (bouncy castle, bubble house, backdrop, tables, chairs etc) the greater of all bond prices will be charged
4.2 The bond will be refunded to you once the Bouncy Castles and/or soft play equipment has been checked to ensure all components are accounted for, clean and undamaged
5. Condition of Bouncy Castles and/or soft play equipment:
5.1 You shall be deemed to have inspected all equipment and to have agreed that it is supplied in good condition. You must advise us of any faults or damage when coming into possession of the Bouncy Castles and/or soft play equipment.
5.2 Once set up, the client or the representative acting on their behalf must then sign for the delivery by signing our terms of hire and disclaimer form.
By signing for the equipment, the client or the representative acting on their behalf are confirming that they are happy with the equipment, location and service and that everything has been left in full working order and is fit for purpose.
In the event that you are unhappy with any of the equipment provided then please make your delivery person/team aware and do not sign for any of the equipment until you are happy with the resolution offered by the company or have the issue clearly stated in the waiver. Once the equipment has been signed for, you are signing to confirm that you are happy and that any claim made after will not be accepted nor any refund offered.
6. Client Safety and Responsibility:
6.1 You become responsible for the equipment when it has been erected in point of hire premises. Your responsibilities include protecting the equipment and keeping it safe from the weather, theft, vandalism or improper use. Your responsibility ends once the equipment has been deflated and collected by us from point of hire premises
6.2 You are, during the hire period, responsible for the supervision of the equipment, its care, safety from damage, and the behaviour of all persons using the equipment
6.3 You shall not sub-hire the equipment
6.4 You must inform us of the nature of the event for which the equipment is to be used for
6.5 You will be responsible for any death, injury, loss or damage caused by any equipment during your hire period
6.6 The client must make sure that everyone who uses the equipment is properly instructed on how to use it safely and correctly. At all times you must make sure the equipment is not misused
7. Maintaining equipment, breakdown procedures and reporting accidents:
7.1 You must make sure the equipment remains safe, clean and in working order. If there are any breaks down or equipment fails to work properly you must report this to Te Whare Tākaro – House of Play immediately
7.2 You must not attempt to repair the equipment unless you are authorised by us
7.3 You must tell us immediately if any equipment is involved in an accident resulting in damage to the products or to other property, or injury to any person
8. Lost, stolen, damaged or unclean play equipment:
8.1 You are responsible for the equipment whilst in your possession. Police will be notified in the event of any theft
8.2 No food (including chewing gum and confectionary items) or drink is to be taken onto or consumed on the play equipment
8.3 No smoking on or near the play equipment
8.4 No animals on or near the play equipment
8.5 No glitter, party poppers, coloured streamers, paint, pens, play dough, slimes or silly string is to be taken, thrown or sprayed onto play equipment as these can stain and you may be liable for cleaning or in extreme cases, replacement costs
8.6 You must not allow anyone onto the play equipment wearing shoes, spectacles, carrying sharp objects, key-rings, metal studded clothing or any other similar items which could cause damage to others or the hired goods
8.7 No face paint is to be worn, used or on play equipment
8.8 No person(s) over 5 years of age to be on the bouncy castle
8.9 No person(s) over 5 years of age to be on soft play equipment
8.10 No objects to be connected by hirer to Bouncy Castles, Bubble House and/or soft play equipment ie- garlands, balloons, sticky tape or likes of unless agreed on by Te Whare Tākaro – House of Play
8.11 You must pay to us the cost of replacing any equipment if it is lost or stolen or damaged beyond economic repair (that is if the repair would cost more than the equipment is worth). An invoice will be sent to the client, to advise of the cost and where possible Te Whare Tākaro – House of Play reserve the right to take this from the bond payment
8.12 In cases where the bond payment is not available or the cost of repair, damage or replacement of item exceeds the bond payment amount, the invoice provided to the client must be paid within fourteen (14) days. If the client fails to pay the invoice, the matter will be referred to a collection agency and/or law firm to recover damage costs, the client will be liable for all costs which would be incurred as if the debt is collected in full
9. Liability and Insurance:
9.1 Our public liability covers the equipment only and not the users/client
9.2 The client agrees to indemnify the company for any damage or theft of the company’s equipment whilst on hire. Our insurance theft cover doesn’t cover our equipment whilst on hire therefore the client is responsible for the cost of repair or replacement in full
9.3 The client agrees to indemnify the company from any property damage claim
9.4 The client agrees to indemnify the company from any claim of accident or injury from users of the equipment
10. Delivery and Set Up:
10.1 All equipment booked will be delivered, inspected and set up on site by us. We do not offer an option for self-collection and self set-up
10.2 On delivery the equipment will be set up on one agreed location and will not be moved once unloaded and erected. Under no circumstances should the client attempt to move, relocate or reposition the equipment as this could then make the equipment unsafe and cause injury and/or death
10.3 The client must provide Te Whare Tākaro – House of Play with clear and safe access to transport items from our delivery vehicle to the designated set up space. Where the delivery needs to go through a house, property or any other area we will take the upmost care; however, any damage caused will not be accepted as our responsibility (unless negligence has taken place on our part) and this will be down to the client to repair, replace and take responsibility for
10.4 The space required to operate the equipment safely may be larger than the equipment size and this information can be found online under the individual product descriptions. It is the client’s responsibility to check that they have enough space and also the correct surface to operate the equipment booked
10.5 The client must provide Te Whare Tākaro – House of Play with an empty parking space as close to the entry point of the venue as possible
10.6 Clients are liable for any extra time that it may take for setting up due to limited or un-safe access to the venue and/or no clear near-by vehicle parking space provided. If the grounds, space or venue isn’t suitable, the equipment will not be set up and Te Whare Tākaro – House of Play reserve the right to cancel the booking. In this case, the full booking fee will be held with no refund provided. This includes any provisions the client has failed to inform the company of such as steps, obstructions, narrow access, excess distance to site (over 50m) etc.
11. Delivery Fees:
11.1 Pricing for delivery has been set by Te Whare Tākaro – House of Play and is not for negotiation. We offer free delivery within a 20km radius of Porirua City Centre
All other areas will incur an additional delivery fee as below:
20km to 30km from Porirua City Centre $40
30km to 40km from Porirua City Centre $60
40km to 50km from Porirua City Centre $80
50km to 60km from Porirua City Centre $100
60km + to be negotiated
11.2 Distance will be measured using google maps with the starting point being “Porirua CBD” and destination being the address where the hired equipment will be delivered and set up
11.3 If you are late to arrive at the agreed booking location at the agreed time for set up this may incur a fee of $50 per every 30mins after the agreed set up start time
12. Pack down and retrieval of equipment:
12.1 If we arrive to pack down and retrieve our equipment at the agreed time and cannot retrieve our items for any reason this may incur a fee of $50 per every 30mins after the agreed pack down start time
12.2 All balls must be returned to ball pits and all equipment ready for us to be taken at the agreed time of pack down i.e. food and personal items removed from tables so that we can pack down as swiftly as possible, kids off play areas etc
12.3 Please avoid deflating items such as bouncy castles and bubble houses as these will need to be inspected for cleanliness and damages by Te Whare Tākaro – House of Play prior during pack down
12.4 We may enter any land or premises where we reasonably believe the goods are. We can only have this access if we need to inspect, test, repair, service, replace or repossess the goods. We may do this at reasonable times and after giving reasonable notice
13. Hours of business operation
13.1 Our normal hours of business operation are Monday – Sunday 9am to 5pm
13.2 If you require a set up time earlier than 9am this will incur an additional early set up fee of $50
13.3 If you require a pack down time later than 5pm this will incur an additional late pack down fee of $50
14. Outdoor Usage and cancellation due to weather or location:
14.1 Indoor venues such as halls or large homes are preferred. Te Whare Tākaro – House of Play does allow our equipment to be set up outdoors but only on dry, flat ground and in fine weather. We highly recommend you have a backup indoor venue option in case of wet weather/high wind
14.2 Te Whare Tākaro – House of Play reserve the right to cancel a booking on the day of the event if weather conditions do not permit i.e. rain, muddy/dirty grounds or strong winds. Strong winds are extremely dangerous and it is important to us that we ensure your children’s safety comes first. We have reserved our equipment for your exclusive use on the agreed date and due to this we cannot offer a refund if we need to cancel on the day due to unsafe weather conditions or location/grounds conditions
14.3 The area allocated for setting up equipment does not need to be perfectly level however a reasonably flat area is desirable. For safety reasons bouncy castles will NEVER be set up on a hill
14.4 The space required to operate the equipment safely may be larger than the equipment size and this information can be found on our website under the individual product descriptions. It is the client’s responsibility to check that they have enough space and also the correct surface to operate the equipment booked. All bouncy castles and the foam matting for the play area need to be set up on a reasonably level grassed area free from any objects that may cause damage such as stones, wire, thorns etc and away from potential dangers such as electric cables, wire fencing, washing lines, trees etc. On delivery, if the surface, space or venue isn’t suitable the equipment will not be set up and the full booking fee will be held by Te Whare Tākaro – House of Play. This includes any provisions the client has failed to inform the company of such as steps, obstructions, narrow access, excess distance to site (over 50m) etc.
14.5 In circumstances where Te Whare Tākaro – House of Play have agreed to outdoor use and unexpected rain or strong winds occur during an event, the client is responsible to cease use of the equipment immediately and to move/cover the equipment with a tarpaulin in the event of unexpected rain. The client must wait for the period of rain to pass and then dry all equipment before using again. If any equipment is left to get wet and is damaged, we may hold your bond as per section 8.11 & 8.12
15. Power requirements:
15.1 All bouncy castles and bubble houses require connecting to a standard power supply or petrol generator in order to operate. You will need to take the location of the power source into consideration when identifying your site.
15.2 This is normally taken via a standard household plug and the number of these required will depend on the type and number of items you have hired.
15.3 If you are requiring a generator, you must inform Te Whare Tākaro – House of Play at the time of booking so this can be arranged. An additional charge will be made for this.
15.4 Extension leads are supplied and a RDC (circuit breaker) for extra safety
15.5 We test all our electrical products prior to bookings. We ask you do not turn off any power before we arrive to pack down unless discussed with us directly
16. Change of location:
16.1 A change of delivery fee may apply to that of the originally agreed event location. This fee is in accordance with the applicable changes in which the amount will be addressed on a case-by-case basis
16.2 Te Whare Tākaro – House of Play will take all necessary steps to work with the client to assist with the change, however if a location change causes disruption to any other confirmed booking/time frames to that of other bookings and/or other events on the same day, Te Whare Tākaro – House of Play has the right of refusal
16.3 Where refusal is given by Te Whare Tākaro – House of Play and we have been notified within 14 daysof the event hire date, the booking total will be held in full and no refund will be provided
16.4 Where refusal is given by Te Whare Tākaro – House of Play and we have been notified between 14 -30 daysof the event hire date, 30% (which is the securing date deposit) will be held in full with the option of a rescheduled date of hire at an available time, or a 70% refund on the total booking, not a full refund
16.5 Where refusal is given by Te Whare Tākaro – House of Play and we have been notified outside 30 daysof the event hire date, we can offer the option of a rescheduled date of hire at an available time or a full refund
17. Additional Cleaning Fees:
17.1 Te Whare Tākaro – House of Play prides itself on providing clean, hygienic and high-quality products to its clients. As part of our standard up-keep and general maintenance of all the equipment we will wipe all surfaces regularly before and after use with a disinfectant surface cleaner
17.2 Following a booking, Te Whare Tākaro – House of Play will observe all equipment at the earliest opportunity and within three (3) days after the product is retrieved and in the event that the equipment is deemed unacceptable to the business or excessively dirty in a way that it requires additional cleaning time, labour and cleaning products we will charge the client an extra cleaning fee of up to $250
17.3 Excessive dirtiness can be but is not limited to, food or drink spillages, face paint, glitter, play dough, slimes, silly strings, muddy foot prints, dirt, scuff marks or residue left by animals
17.4 An invoice will be sent to the client, to advise of the extra fee and where possible Te Whare Tākaro – House of Play reserve the right to take this from the bond payment
17.5 Te Whare Tākaro – House of Play will make every effort to clean products back to its original state. However, if the product is unable to be cleaned back to its original state this will be classed as “damage” and will incur a damage fee as described in section 8.11 and 8.12
18. Limit of liability:
18.1 If due to illness, accident or unforeseen circumstances, Te Whare Tākaro – House of Play is unable to provide equipment as contracted in the booking agreement, Te Whare Tākaro – House of Play agrees to refund the full amount paid by the client immediately through bank transfer
19. Payment charges:
19.1 All payments are to be in made by direct payment to our nominated bank account as referenced on the invoice provided to you
19.2 Please note if paying via ‘Afterpay’ your booking will be charged in full including booking, delivery and bond payment
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