These Terms and Conditions are the standard terms which apply:
A. to the hire of AccessoLoo, [operated by Disability Pride, 8 Riverdale Lane, Saintfield, County Down, BT24 &JG] whose main trading address is 8 Riverdale Lane, Saintfield, County Down, BT24 7JG and 93 Upper George’s Street Upper, Dún Laoghaire, A96 V1K8 (“Us”)
B. where You are hiring 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
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Accidental Damage Waiver” means a fee paid by You which covers any accidental damage to AccessoLoo that would otherwise incur charges, as explained in Clause 10;
“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 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 AccessoLoo 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 as an alternative to a Purchase Order;
© AccessoLoo General (Advance Booking) Hire Terms and Conditions 2
“Force Majeure” means any cause that is beyond the reasonable control of AccessoLoo including, but not limited to: power failure; internet service provider failure; strikes, lockouts 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 or other natural disaster;
“AccessoLoo” means AccessoLoo Units supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the AccessoLoo;
“Month” means a calendar month;
“Price” means the total VAT inclusive price payable for the hire of the AccessoLoo;
“Order” means Your order for the AccessoLoo;
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3;
“Security Deposit” means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the AccessoLoo;
“We/Us/Our” means “Us” as defined above; and
“You” means you, the hirer of the AccessoLoo.
1.2 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.
1.3 Each reference the singular number shall include the plural and vice versa where appropriate.
1.4 An individual placing an Order (“signatory”) behalf of the hirer hereby represents and warrants that the signatory has the hirer’s authority to do so, and We will rely on that representation and warranty. If the signatory does not have such authority, the signatory shall instead be deemed to be the hirer and personally liable as if s/he had placed the Order as the hirer.
2. Information About Us
2.1 [Our VAT number is GB 289 1707 63.]
2.2 [We are registered for charitable status by Charity Commission Northern Ireland. NIC107513]
2.3 [We are a member of AccessoLoo Worldwide.]
3. The Contract
3.1 These Terms and Conditions govern the hire of AccessoLoo Unit from Us and will form the basis of the Contract between Us and You.
3.2 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.
3.3 A legally binding contract between Us and You will only be created upon Our acceptance of Your Purchase Order, indicated by Our Order Confirmation, or Your payment of the Deposit. Order Confirmations will be provided in writing by email.
4. AccessoLoo Details
4.1 We use all reasonable endeavours to ensure that AccessoLoo units are regularly maintained, cleaned, repaired and safety checked, and/or replaced as necessary.
4.2 We will advise You on any outstanding faults.
4.3 Each unit will have a hoist, a changing bed, a toilet and a sink with running water.
5. Your Order and Rules of Hire
5.1 When making Your Order, You will be required to supply the following information:
5.1.1 Date of deliver 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.
5.2 The following rules apply to Your hire and use of AccessoLoo Ireland:
5.2.1 The AccessoLoo Unit must be located in a safe and accessible position;
5.2.2 You are responsible for the security of the AccessoLoo Unit for overnight periods located at events, when the AccessoLoo Unit is not in use;
5.2.3 Make clear at the point of booking if the AccessoLoo Unit is for none disabled family use;
5.2.4 Provide adequate crowd control to support the AccessoLoo Unit Attendants.
5.3 Event identification, entrance bands and or tickets must be supplied free of charge to facilitate the work of AccessoLoo Unit Attendants at Your event.
6. Hire Period
6.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
6.2 Unless it is expressly stated otherwise, the Hire Period begins at the time the AccessoLoo Unit arrives at location if it is to be pre-located prior to the event or 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), no Hire Period may exceed the agreed time.
6.4 You may request Us to the 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 charged 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 total Price to secure your Order, unless you have an account.
7.2 The Price for the AccessoLoo will be that shown in Our price list current at the time of Your Order.
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 full payment) should be made prior to when You want the AccessoLoo Unit at the start of the Hire Period. Unless you have an account.
7.5 A Security Deposit of £500 should be paid by credit or debit card when You take charge of the AccessoLoo Unit at the start of the Hire Period, if you are providing the attendant service. We will not release any AccessoLoo Unit to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any AccessoLoo Units are not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.
7.6 Where VAT is chargeable for a hiring, the VAT inclusive amount of the Price will be shown in 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.
7.7 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.
8. Cancellation
8.1 You may cancel Your Order at any time before the start of the Hire Period on and subject to the following conditions:
8.1.1 For Orders cancelled more than 1 week before the start of the Hire Period, there will be a 50% charge and Your Deposit will not be refunded.
8.1.2 [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.]
9. Loss and Damage
9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to AccessoLoo Unit that falls outside of the terms of the Accidental Damage Waiver described in Clause 10.
9.2 Any charges due under this Clause 11 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the AccessoLoo Unit is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
9.3 You will not be responsible for any pre-existing damage to AccessoLoo Unit that has already been identified under sub-Clause 9.2 at the time of collection.
9.4 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 AccessoLoo Unit;
10.2.2 interruption to business;
10.2.3 loss of income, revenue, 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 12, 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
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 We will inform You as soon as is reasonably possible;
11.2 We will inform You when that event is over and provide details of any new dates, times or availability as necessary;
11.3 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;
11.4 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;
11.5 If the Contract is cancelled by AccessoLoo 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 immediate right to request the immediate return of the AccessoLoo Unit or repossess the AccessoLoo Unit and may charge You for any reasonable costs involved in such repossession.
13. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us in person at [any of] Our store[s], by telephone at 028 9751 2670 from Northern Ireland or 1800 851088 from the Republic of Ireland, by email at info@accessoloo.org, or by pre-paid post at AccessoLoo, 8 Riverdale Lane, Saintfield, County Down, BT24 7JG or 93 Upper George’s Street Upper, Dún Laoghaire, A96 V1K8.
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, including, but not limited to, these Terms and Conditions, the Contract, or the AccessoLoo Unit, please contact Us in one of the following ways:
14.3.1 [In writing, addressed to Michael Holden Esq. 8 Riverdale Lane, Saintfield, County Down, BT24 7JG or 93 Upper George’s Street Upper, Dún Laoghaire, A96 V1K8;]
14.3.2 [By email, addressed to Graham Kenny, graham@accessoloo.org;]
14.3.3 [Using Our complaints form, following the instructions included with the form;]
14.3.4 [By contacting Us by telephone on 028 9751 2670 from Northern Ireland or 048 9751 2670 from Ireland]
15. Data Protection
15.1 We will only collect, process and hold Your personal data in accordance with Our rights and obligations 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 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 © AccessoLoo General (Advance Booking) Hire Terms and Conditions 8 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, that / those provision(s) 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 Northern Irish law.
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 Northern Irish Courts.