Summary Of Contract
This Agreement is between the Hirer and the Planet Booths. This Agreement is governed by the law of England and Wales and may only be enforced by the Courts of that jurisdiction. This Agreement forms the entire basis of the legal and contractual relationship between the parties and no other statements or representations express or implied may vary it. The Client conﬁrms that they have read, understood and accept the Terms of this Agreement. When hiring a Photo Booth or any of our Products from us you do so in accordance with this Agreement. You are deemed to have accepted the Hire Charge for the hire of the Photo Booth, and other terms such as delivery, which have been quoted to you at the time of placing your order. All Products shown on our website are subject to availability. The images of the Products on our website are for illustrative purposes only and may vary slightly from those images. The Terms and Conditions that you agree to shall apply to your booking. 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 that have been confirmed by us.
Once the Hirer has filled out the Booking Form on our website with respect to your hire requirements, we will confirm our availability, email the Hirer the formal Quote of the final costs, and a contract. A contract between us will only be formed once we confirm receipt of your Booking Fee for hire of the Product on the requested date. If a Product is no longer available for hire we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
All Private bookings must be made via our Online Booking Form and payments made through the online link provided to you via email. Particular care must be taken when completing the Online Booking Form as changes may only be made in writing and with our consent. All details stated on the Booking Form will be accepted by us as correct including spelling, punctuation and grammar, unless you notify us otherwise in writing. Any costs that we incur as a result of relying on incorrect information supplied by you must be reimbursed by you. Reservations are made on a strictly first-come, first-served basis.
The Client agrees to pay Planet Booths a £100 Booking Fee in order to secure the booking. The Booking Fee provides a service of; Planet Booths agreeing to reserve their Photo Booth to supply the Client on the Event date, Planet Booths stopping advertising their Photo Booth availability to provide service for anyone else on the same date and time as the Event, and Planet Booths declining to take any other booking for the Photo Booth for the same date and time as the Event. When the Client pays the Booking Fee, this service is deemed as delivered. Therefore the Booking Fee is non-refundable because the service has already been supplied and this portion of the contract fulfilled.
The Client agrees to pay the total balance no later than four weeks before the Event date. If the Client’s total balance due is not received by four weeks before the Event date, Planet Booths will be entitled to cancel the booking for this Event, be entitled to keep the Booking Fee, be released and held harmless from all other obligations in this Agreement. No photographs, albums, USB sticks or other Products will be delivered until all payments due have been paid in full. The Photographer has a no refund policy once the Event has taken place. Payment for additional images, services and Products are to be made at the time of ordering.
You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Photo Booth being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.
The Client may cancel this contract at any time. All cancellations must be in writing or by email. The contract is not cancelled until Planet Booths confirms receipt of the contract and has acknowledged the cancellation. If the Client cancels the contract, the Booking Fee will not be refunded as the Booking Fee service has already been supplied and the Booking Fee has been earned. If the Client cancels the contract, a cancellation fee will be charged based on the following rules, because Planet Booths will not have sufficient time to find alternative work for the date of the Event.
- More than 90 days before the Hire Period commences: £150
- 61 to 90 days notice before the Hire Period commences: 25% of the total Hire Charge
- 31 to 60 days notice before the Hire Period commences: 50% of the total Hire Charge
- 0 to 30 days notice before the Hire Period commences: 100% of the total Hire Charge
The applicable cancellation fee will be deducted from the total amount of fees already paid and any balance shall be refunded to you within 30 days of receipt of your cancellation notice.
At your option and provided you give us more than 30 days notice of cancellation, you may cancel the booking and request that the Booking Fee is transferred to an alternative booking, providing we are available.
We reserve the right to cancel your booking without liability to you and without any obligation to refund your Booking Fee if:
- You do not pay us the balance of your Hire Charge by the date due for such payment.
- We have reasonable grounds to believe that you may not pay us the balance of your Hire Charge by the due date and we have requested you to explain the position and you have not done so satisfactorily.
- We discover before you have paid the balance of your Hire Charge, that you have deliberately concealed information, or deliberately given us incorrect information, about your booking in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your booking.
If we cancel your booking under any of the circumstances above, the cancellation fees set out in the table above shall apply.
Basis of Hire
Photo Booths or Products hired from us are not intended for your commercial use (apart from promotions) and must only be used in accordance with these Terms and Conditions. The Hire Period for the Photo Booth and our Products is for the period specified on the Booking Form. This Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months. The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge. Planet Booths will recover with the prior agreement the cost of accommodation expenses and vehicle fuel where the Event is at a distance of 50 miles or greater from our base at postcode B73 6HA. Travel will be charged at 50p per mile. It may be necessary with prior agreement to travel on the evening prior to the Event to avoid traffic and other problems. Also, it may be necessary to stay overnight where an Event runs late. The cost of accommodation and any other additional charges incurred shall be recovered from the customer with regards to late and distant Events.
Planet Booths will arrive to set up approximately 1 hour before the Hire Period is due to commence. If you require the Photo Booth to be set up earlier than this, an idle time charge applies and will be included on your invoice. It is up to you to ensure that the venue agrees to Planet Booths being in attendance at the agreed time. We will be happy to liaise with the venue to assist if requested.
If we are unable to install the Photo Booth 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.
We will endeavour to attend any Event that you have hired our Product for. Where circumstances make this impossible due to, but not limited to adverse weather conditions, we will contact you as early as possible and a full refund will be made. We reserve the right to cancel any Booking because of adverse weather conditions.
We will always try to arrive at the venue location which you provide for the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, we will extend the time of the hire so that the Hire Period is the same with respect to the Booking made by you. If this is not possible we will refund you accordingly the amount of time delayed by and in proportion to the amount paid.
Installation And Use Of The Photo Booth
Planet Booths requires a minimum of 1 hour to set up and test the Photo Booth correctly. If you require the Photo Booth to be set up in a shorter period then we cannot be held responsible if it is not set up correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Planet Booths are permitted access to install the Photo Booth at the requested location. Planet Booths cannot be held responsible if, for any of the above reasons, we cannot deliver the Photo Booth on time for your Event.
You are responsible for providing the correct address for the venue and checking that the venue allows reasonable access for loading and unloading, as well as suitable parking once the Photo Booth and equipment have been unloaded.
You will acquire permission from the Event venue and arrange for an appropriate space for the Photo Booth. You must ensure that the space provided for the Photo Booth is suitable. All of our Photo Booths require a space of at least 8 feet width x 8 feet length x 8 feet height. If you are unsure about space restrictions at your venue for any of our Products, please contact us and we will be happy to advise you.
You are responsible for ensuring a mains electricity supply comprising of a single 13amp socket is located within the space designated for the Photo Booth.
All technical issues or other problems concerning the Photo Booth which cannot be resolved by the Hirer must be reported to Planet Booths as soon as possible in order to provide us with an opportunity to remedy the problem.
Planet Booths agrees to have a Photo Booth operational for a minimum of 80% during the Hire Period as operations may need to be interrupted for servicing of the Photo Booth. If the Photo Booth is out of use for more than 20% of the Hire Period due to technical difficulties, we shall refund the customer accordingly to the amount of time that the booth is not in operation and in proportion to the amount paid for the 3 hours of hire or more.
Some features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 1Mbps is required. Where we supply a 3G connection the speed of the connection will be dependent upon the ultimate service provider and we cannot be held liable for any delays in connection or connection failures as a result of using a 3G.
Where you have elected to transport the Photo Booth, you will be responsible for any damage to the Photo 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.
Where you have purchased a Guest Book as part of your package or as an additional add-on, it is not our responsibility if any pictures are not placed in the Guest Book, or any of your guests do night leave a message in the Guest Book. Any damage to the Guest Book during the Event is not our responsibility.
All prop boxes purchased as add-ons are set and themed but items may vary. Unless we have agreed on specific props with the Client in writing, the contents of the prop boxes will be chosen by Planet Booths based on our artistic opinion and to be consistent with the brand and image we wish to portray.
We cannot be held responsible for the number of times the Photo Booth, the social features are used or prints made. In this instance, no financial reimbursement shall be given.
If your venue has any specific requirements then this must be communicated and agreed upon with Planet Booths prior to booking. Planet Booths will not be liable for any requirements which do not allow us to operate, which were not communicated at the time of booking.
Risk And Ownership Of The Photo Booth
Full ownership in the Photo Booth shall remain fully vested in us at all times. You have no right, title or interest in the Photo Booth other than that you are entitled to hire the Photo Booth for the Hire Period. You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions and any loss or damage caused to the Photo Booth.
Planet Booths Staff
Staff supplied by Planet Booths are for the sole purpose of providing technical support and hosting (which shall include management of operating the Photo Booth and people using the Photo Booth and management of the Guest Book). As agreed with the Hirer prior to the start of the Hire Term, where staff are supplied by Planet Booths you must ensure that a minimum 30-minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. Planet Booths staff should not be requested to undertake any additional function without first obtaining our consent.
Food and beverages must be provided to all Planet Booths staff where attendance is over 5 hrs.
Termination Of Hire
Planet Booths will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Photo Booth or equipment. If this occurs Planet Booths retain the right to terminate the hire immediately. This applies equally to you and your guests. Planet Booths may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Planet Booths or the Photo Booth itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the Photo Booth(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 Photo Booth and or equipment howsoever caused, with the sole exclusion of damage caused by Planet Booths staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
We also reserve the right to terminate the 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.
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 Agreement.
Photograph Usage And Ownership
The 1988 Copyright Design & Patents Act – section 77 & 80 assigns copyright of photographs/digital images to Planet Booths. It is contrary to the Act to copy or allow to be copied photographs captured by Planet Booths by any means.
All digital files remain the property of Planet Booths unless copyright has been purchased by the Client for personal use only.
Unless otherwise notified and agreed with you, you agree that all pictures taken in the Photo Booth may be uploaded to a web gallery unless otherwise stated and exempt us from the responsibility of publishing the pictures. Photos taken in the Photo Booth during the Event may be used by us to assist with the promotion of Planet Booths. 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. Planet Booths cannot be held responsible for the content of these pictures. We will not use any pictures that we think may cause offence or embarrassment to the people in the picture. We will remove any picture from our website if requested to do so.
Any directions issued to Client, their guests or employees during a photographic shoot are deemed to be at said persons own risk. Planet Booths cannot be held responsible for any personal accidents during a photographic shoot.
Supplied Prints, Albums and Merchandise
Planet Booths takes the utmost care whilst producing supplied prints, albums and other merchandise purchased through our website. Our Products are subject to rigorous quality inspections and are dispatched in perfect condition. On receiving our Product(s) the customer will have 7 working days to report any fault or problem due to shipping or handling to Planet Booths. Planet Booths will rectify any fault free of charge during this time period. Faults reported outside 7 working days will be subject to costs.
Limitation of Liability
We disclaim any and all liability to you for the supply of the Photo Booth 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. We shall not be held liable for any failure or delay in performing the service and hiring the Photo Booth where such failure arises as a result of a Force Majeure Event. In such circumstances, our liability shall be limited to a refund of your payments, excluding the Booking Fee. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the hire of the Photo Booth. We do not make any representation or guarantee that the use of the Photo Booth in any promotional context will generate revenue or customers for you or your business. Our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the hire price of the Products. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. We shall not be liable for any misrepresentations other than fraudulent misrepresentations. Nothing in this Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.
Force Majeure And Safe Environment
If Planet Booths cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including but not limited to COVID-19), the action of any governmental authority or Government Order, a national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Planet Booths staff illness or injury, whether or not foreseeable (“Force Majeure Event”), then Planet Booths will give notice to the Client as soon as reasonably practicable after we determine that a Force Majeure Event will or may prevent us from performing under this Agreement. Planet Booths shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but we will work with the Client to find an alternative date for the Event that is suitable to both the Client and Planet Booths. To the extent the Hirer and Planet Booths cannot agree on a suitable replacement date consistent with our availability, Planet Booths will refund any monies paid to the Client under the Agreement minus the Booking Fee and any other expenses which can be demonstrated as being directly related to this Event, such as, but not limited to, pre-event communications, planning, procurement or preparation of equipment. In the case of a Force Majeure Event, Planet Booths shall have no additional liability to the Client with respect to this Agreement beyond that described in this Section.
In the case of a Force Majeure Event that impacts the Planet Booths individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Planet Booths staff, we shall make reasonable efforts to suggest a replacement supplier for the Event. Should the Client not accept a replacement supplier selected by Planet Booths to perform our obligations under the Agreement, we shall refund all monies paid and shall have no further obligation to perform under the Agreement.
The Client understands that Planet Booths work to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). The Client further understands and agrees that Planet Booths shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or our participation in the Event would violate a Governmental Order. The Client also understands and agrees that the Planet Booths is not obligated to continue to perform under this Agreement if our personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
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. We may alter or vary the Terms and Conditions at any time without notice to you. The 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 Agreement and any other term or provision, this Agreement shall prevail. If any term or condition of the 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. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. It is not intended that the undertakings and obligations of the parties set out in this 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.