Terms & Conditions of Hire

Accessible toilet facilities

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

  1. to the hire of equipment from AccessoLoo (a trading style of Disability Pride NI, a charity registered with the Charity Commission for Northern Ireland, registration number 107513) whose main trading address is 8 Riverdale Lane, Saintfield, Co. Down, BT24 7JG (“Us” / “AccessoLoo”).
  1. where You are hiring Units from AccessoLoo 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

  • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Attendant(s)” means Our attendant or attendants, as may be the case, allocated by Us to supervise and assist in the use and deployment of the Unit(s) on site, pursuant to any contract for Hire under these Terms, and during the Hire Period;

 
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;

 
“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 the Unit(s) from AccessoLoo 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 Unit(s) 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: 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; pandemic; or other natural disaster;

 
“Unit(s)” means AccessoLoo unit(s) or equipment supplied by Us and hired by You subject to these Terms and Conditions;

 
“Hire Period” means the period for which You will hire the Unit(s);

 
“Month” means a calendar month;

 
“Price” means the VAT-exclusive price payable for the hire of the Unit(s), which shall at all times be subject to the addition of VAT where VAT is applicable;

 
“Order” means Your order for the hire of the Unit(s);

 
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3;

 
“We/Us/Our” means “Us” as defined above;

 
“You” means you, the hirer of the Unit(s).

 
  • Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
  • Each reference to the singular number shall include the plural and vice versa where appropriate.
  • An individual placing an Order (“signatory”) on Your behalf as the hirer hereby represents and warrants that the signatory has Your / the hirer’s authority to do so, and We are entitled to rely on that representation and warranty. If the signatory does not have such authority, the signatory shall also be deemed to be the hirer and may be held jointly and severally (and personally) liable with You as the hirer.

2.           Information About Us

  • Our VAT number is GB 289 1707 63.
  • We are regulated by the Charity Commission for Northern Ireland. We are a member of ‘AccessoLoo Worldwide’. Our Charity Registration Number is 107513.

 

3.       The Contract

  • These Terms and Conditions govern the hire of the Unit(s) from Us and will form the basis of the Contract between You and Us.
  • 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.
  • 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 (where applicable). Order Confirmations will be provided in writing by email.

 

4.           Our obligations relating to the Unit(s)

  • We use all reasonable endeavours to ensure that Unit(s) are regularly maintained, cleaned, repaired and safety checked, and/or replaced as necessary.
  • We will advise You on any outstanding faults.
  • Each Unit will have a hoist, a changing bed, a toilet, and a sink with running water.

 

5.           Your Order and Rules of Hire

  • When making Your Order, You will be required to supply the following information:
  • 5.1.1 Date of delivery to site;
  • 5.1.2 Date of removal from site;
  • 5.1.3 Times of the event when the AccessoLoo will be in use;
  • 5.1.4 Name and contact details of site manager;
  • 5.1.5 Address and location on site for the AccessoLoo Unit;
  • The following rules apply to Your hire and use of AccessoLoo:
  • 5.2.1 The Unit(s) must be located in a safe and accessible position;
  • 5.2.2 You are responsible for the security of the Unit(s) located at events, for overnight or downtime periods and when the Unit(s) is or are not in use;
  • 5.2.3 You are responsible for the health and safety of the Attendant(s) during the Hire Period and while they are on-site, and You agree to maintain a suitable policy of employers’ and public liability insurance with respect to all risks relating to the health and safety of the Attendant(s) while they are on-site, and to the health and safety of all or any users of the Unit(s) while they are on-site.
  • 5.2.4 You must make clear at the point of booking if the Unit(s) are for non-disabled family use;
  • 5.2.5 You must provide adequate crowd control to preserve the integrity of and ensure proper use of the Unit(s) and to ensure the safety and wellbeing of the Attendant(s), including protection from and prevention of abuse of the Attendant(s) by Your own event staff or event patrons.
  • 5.2.6 The Attendant(s) on-site will have exclusive authority and full discretion to refuse to allow any patron(s) or person(s) at an event to access or to use the Unit(s), for the following reasons:
  • (a) The patron(s) or person(s) attempting to access or use the Unit(s) is in the view of the Attendant(s) not disabled, and You have not notified Us that the Unit(s) will be for the use of non-disabled persons in advance;
  • (b) The patron(s) or person(s) attempting to access or use the Unit(s) is in the view of the Attendant(s) inebriated, abusive, or otherwise unfit to access or use the Unit(s) (regardless of their being disabled or non-disabled).
  • 5.3 Event identification, entrance bands and/or tickets must be supplied free of charge to facilitate the work of AccessoLoo Unit Attendant(s) at Your event.

 

6.           Hire Period

  • 6.1 The proposed Hire Period should be confirmed in Your Order. The contractual Hire Period shall be confirmed in Our Order Confirmation.
  • 6.2 Unless it is expressly stated otherwise, the Hire Period begins at the time the Unit(s) arrive at location, if it is to be pre-located prior to the event, or otherwise on the first day of the Hire Period, and ends at the agreed time on the final day of the Hire Period.
  • 6.3 Unless We expressly agree otherwise (and confirm that agreement in writing), the Hire Period cannot be extended.
  • 6.4 You may request that We extend the Hire Period by contacting Us via email, telephone or post although email is the preferred method. If We agree, then any extension of a Hire Period shall be made subject to an additional charge at Our normal daily rate.

 

7.           Fees and Payment

  • 7.1 When placing Your Order, You will be required to pay a Deposit of 50% of the Price to secure Your Order, unless You have an existing account. If You have an existing account with Us, this requirement may be waived at our discretion.
  • 7.2 The Price for the Unit(s) will be that shown in Our price list current at the time of Your Order. The final Price for the Contract shall be confirmed in Our Order Confirmation, which shall include all elements of the Contract, including the provision of the Attendant(s), and shown on Our invoice.
  • 7.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
  • 7.4 The balance of the Price (i.e. the amount required to ensure full payment of the Price) must be paid prior to when You want the Unit(s) at the start of the Hire Period.
  • 7.5 We reserve the right to apply VAT to the Price where it is applicable. Where VAT is chargeable for a hiring, the amount of the Price plus VAT will be included on the 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 the invoice and Order Confirmation. You are responsible for discharging the Price together with all or any amounts of VAT, where VAT is applicable.
  • 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.
  • 7.7 Subject to Clause 7.4, You shall pay the Price or any outstanding balance of the Price within thirty (30) days from the date of the invoice issued by Us.
  • 7.8 If You fail to make any payment due to Us under a Contract by the due date for payment, then We shall be entitled to interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
  • 7.9 In the event of late payment, We shall be entitled to recover from You all reasonable costs and expenses incurred in the collection of the overdue amount, including but not limited to legal costs, court fees, and any other expenses incurred at our exclusive discretion in the recovery process. You hereby indemnify Us in respect of all such costs and expenses.
  • 7.10 You agree that the provisions in the above Clauses 7.8 to 7.9 constitute a substantial remedy for the purposes of section 8(2) of the Late Payment of Commercial Debts (Interest) Act 1998.
  • 7.11 We shall be entitled as part of the Contract to supplement the Price, and to invoice You for, and You shall indemnify Us in respect of, any parking, congestion, ULEZ, or any other charges, fines, or penalties that We incur as a result of or in connection with Your hire of the Unit(s) or transportation of Unit(s) to and from the site.

 

8.           Cancellation

  • 8.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following conditions:
  • 8.1.1 You must provide Us with written notice of cancellation, and a request for cancellation will only be effective if sent to Us in writing.
  • 8.1.2 For Orders cancelled more than 1 week before the start of the Hire Period, there will be a cancellation charge of 50% of the full Price and Your Deposit will not be refunded.
  • 8.1.3 For Orders cancelled less than 1 week before the Hire Period begins, We will retain Your Deposit and the balance of the full Price will also be payable as a cancellation charge.
  • 8.1.4 Once Your written notice of cancellation has been sent, the cancellation fees at Clauses 8.1.2 and 8.1.3, above, are immediately due and payable. This is notwithstanding whether or not We have received Your Deposit.
  • 8.1.5 Once Your written notice of cancellation has been sent, it cannot be revoked (without Our prior consent) and shall have the effect of cancelling all or any Order(s) to which it relates. Reinstatement of a previously cancelled Order may only occur with Our express consent, at Our sole discretion.

 

9.           Loss and Damage

  • 9.1 You are responsible for, and hereby indemnify Us for, any loss, theft, or damage, including accidental damage, which may occur to any Unit(s) during the Hire Period or while the Unit(s) remain on hire by You.
  • 9.2 Any charges due under this Clause 9 will be assessed and invoiced separately, after the Unit(s) have been returned to Us at the conclusion of the Hire Period.
  • 9.3 You will not be responsible for any pre-existing damage to AccessoLoo Unit(s) that has been identified to Us by You on or before commencement of the Hire Period.
  • 9.4 Assessment of and quantification of the cost of repair or replacement of the affected Unit(s) pursuant to this Clause 9 shall be at Our sole discretion. The burden of proof with respect to any damage You claim is not subject to Clause 9.1, but rather is subject to Clause 9.3, shall rest with You.
  • 9.5 You must report any loss, damage, or theft of the Unit(s) to Us within 24 hours of its occurrence.
  • 9.6 Full details of all charges are available on request.

 

10.        Our Liability

  • 10.1 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.
  • 10.2 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:
  • 10.2.1 loss of use or unavailability of the Unit(s);
  • 10.2.2 interruption to business;
  • 10.2.3 loss of income, revenue or business;
  • 10.2.4 loss of business opportunity;
  • 10.2.5 loss of profit or contracts;
  • 10.2.6 loss of anticipated savings;
  • 10.2.7 wasted expenditure; or
  • 10.2.8 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.
  • 10.3 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.
  • 10.4 Without prejudice to any of the above provisions of this Clause 10, 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.

 

11.        Force Majeure

  • 11.1 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:
  • 11.1.1 We will inform You as soon as is reasonably possible;
  • 11.1.2 We will inform You when that event is over and provide details of any new dates, times or availability as necessary;
  • 11.1.3 If that event continues for more than 1 hour We reserve the right to cancel the Contract and inform You of the cancellation in writing;
  • 11.1.4 If that event continues for more than 1 hour and You wish to cancel the Contract, You may do so by informing us in writing;
  • 11.1.5 If the Contract is cancelled under this Clause 11 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.

 

12.        Termination

  • 12.1 Where You are an individual, We shall be entitled to terminate the Contract in the event that:
  • 12.1.1 You are in breach of these Terms and Conditions;
  • 12.1.2 You have had Your personal belongings confiscated in order to satisfy debts; or
  • 12.1.3 You have a receiving order made against You.
  • 12.2 Where You are a company, We shall be entitled to terminate the Contract in the event that:
  • 12.2.1 You are in breach of these Terms and Conditions;
  • 12.2.2 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.
  • 12.3 In the event of termination for any of the above reasons:
  • 12.3.1 all payments required under the Contract shall become due and immediately payable; and
  • 12.3.2 We shall have the right to request the immediate return of the Unit(s) or to repossess the Unit(s) and may charge You for any reasonable costs involved in such repossession, including Our legal costs if such action is necessary.

 

13         Communication and Contact Details

  • If You wish to contact Us with questions or complaints, You may contact Us in person at Our business premises, by telephone on 028 9751 2670, from Northern Ireland or 048 9751 2670 from the Republic of Ireland, by email at info@accessoloo.org, or by pre-paid post at AccessoLoo, 8 Riverdale Lane, Saintfield, Co. Down, BT24 7JG.

 

14         Complaints and Feedback

  • 14.1 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.
  • 14.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from info@accessoloo.org.
  • 14.3 If You wish to complain about any aspect of Your dealings with Us, excluding the contents of these Terms and Conditions, but including the Contract, or the Unit(s), please contact Us using the details set out in Clause 13, above.

 

15         Data Protection

  • 15.1 We will collect, process and hold Your personal data in accordance with Our rights and obligations and Your rights arising under the provisions and principles of the Data Protection Act 1998.
  • 15.2 We will not share that data with any third parties for any reasons without Your prior consent except that We may pass on any such data to credit reference agencies and debt recovery agencies in the event that You are in breach of these Terms and Conditions.

 

16.        Entire Agreement

  • 16.1 The documents comprising the Contract, these Terms and Conditions and any other documents expressly incorporated into the Contract, 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.
  • 16.2 Each Party acknowledges that, in entering into the Contract, neither Party gives any warranty or relies on any representation, warranty or other provision except as expressly provided in the documents comprising the Contract.

 

17.        Other Important Terms

  • 17.1 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.
  • 17.2 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.
  • 17.3 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.
  • 17.4 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, those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  • 17.5 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.

 

18.        Governing Law and Jurisdiction

  • 18.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Northern Ireland.
  • 18.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland.