The Legal Bit
Standard terms and conditions for the supply of hire equipment.
PLEASE NOTE THAT THESE TERMS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:
Part A: General Terms applying to Traders and Consumers;
Part B: Terms applying only to Consumers; and
Part C: Terms applying only to Traders.
A "Trader" means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
A "Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
Before placing an order, the Hirer should read these Terms carefully as they contain important information about PARTYBOXRENT and the Contract.
1.1 In these Terms the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:
"Additional Charges" means charges applicable to the provision of the Equipment which are charged in addition to the Charges including those additional costs and expenses referred to in these Terms;
"Booking Deposit" has the meaning given in clause 7.3;
"Business Day" means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
"Charges" means the charges set out in the Contract or, if no charges are detailed in the Contract, PARTYBOXRENT's standard charges for the relevant Equipment in force on the date PARTYBOXRENT issues a written acceptance of the Order to the Hirer;
"Commencement Date" means the date on which the relevant Contract is formed in accordance with clause 3.2;
"Contract" means the contract between PARTYBOXRENT and the Hirer formed in accordance with clause 3.2;
"Equipment" means the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, cabling, stands, power-banks, flight cases, covers, manuals and instructions provided for the equipment;
"Hire Period" means the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between PARTYBOXRENT and the Hirer;
"Hirer" means the Consumer or Trader set out as such in the Contract;
"PARTYBOXRENT" means PARTYBOXRENT, the trading name set out in the Contract;
"Order" means the individual orders for the hire of Equipment placed by the Hirer from time to time over the telephone or on www.partybox.rent in accordance with these Terms;
"Replacement Cost" means the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by PARTYBOXRENT covering the cost to PARTYBOXRENT of administering the replacement;
"Security Deposit" has the meaning given in clause 7.5;
"Site" means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;
"Terms" means these terms and conditions.
1.2 References to the singular include the plural and vice versa and references to any gender include every gender;
1.3 references to a "person" include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4 in the event that there is a conflict between Part A, Part B and Part C, Part A shall prevail and then Part B in the case of a Consumer and Part C in the case of a Trader; and
1.5 any words following the words "include", "includes", "including", "in particular" or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.
2.1 Who is PARTYBOXRENT. The name and address of PARTYBOXRENT is set out in the Contract.
2.2 How to contact PARTYBOXRENT. If the Hirer has any questions or complaints, the Hirer should contact PARTYBOXRENT via any of the methods available at www.PartyBox.Rent/contact.
2.3 How PARTYBOXRENT may contact the Hirer. If PARTYBOXRENT has to contact the Hirer, PARTYBOXRENT will do so by telephone or by writing to the Hirer at the email address or postal address the Hirer provides to PARTYBOXRENT in the Order.
3.1 The Hirer's Order is an offer to hire from PARTYBOXRENT. Each Order placed by the Hirer will be an offer by the Hirer to hire the Equipment on these Terms. The Hirer will ensure that each Order is accurate and complete and that the Equipment is suitable for the Hirer's requirements.
3.2 How we, PARTYBOXRENT, accept the Order. A Contract will be formed between PARTYBOXRENT and the Hirer for the provision of the Equipment set out in the Order, when PARTYBOXRENT issues a written acceptance (including by email) of the Order to the Hirer.
3.3 PARTYBOXRENT may not accept your Order. If PARTYBOXRENT is unable to accept an Order for any reason, PARTYBOXRENT will inform the Hirer of this and will not charge for the Equipment.
3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms.
3.5 Availability of Equipment. If we cannot supply the Equipment at the start of the Hire Period, we may need to substitute it with an alternative of equivalent standard. You may elect to refuse a substitute we offer in which case we will refund any money you have paid in advance for the Equipment.
3.6 Minimum Hire Period. A minimum hire period may apply to the Equipment. The Hirer may not terminate any Contract in respect of the hire of Equipment prior to the expiry of any minimum Hire Period. Where the Hirer purports to cancel or terminate the Contract where PARTYBOXRENT is not at fault prior to the expiry of any minimum Hire Period, the full charges for the Equipment shall continue to be chargeable for the remainder of the minimum Hire Period.
4.1 PARTYBOXRENT retains ownership of the Equipment. The Hirer acknowledges that the Equipment remains at all times the property of PARTYBOXRENT. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.
4.2 The Hirer will have quiet possession of the Equipment. PARTYBOXRENT shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer's quiet possession of the Equipment during any Hire Period.
4.3 Hirer to notify PARTYBOXRENT of issues with, or caused by the Equipment. The Hirer shall immediately notify PARTYBOXRENT 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.
4.4 PARTYBOXRENT may access a Site to inspect and repair the Equipment. Where the Hirer is a Trader, the Hirer shall grant access to the Site at all reasonable times on reasonable notice to PARTYBOXRENT or its authorised representatives to:
4.4.1 inspect the Equipment and ensure the Hirer's compliance with its obligations under the Contract; and/or
4.4.2 carry out any inspections or repairs of the Equipment.
Where the Hirer is a Consumer, PARTYBOXRENT will only seek access to a Site that is the Consumer's home with the Consumer's prior agreement and at a mutually convenient time, save where access is required to recover Equipment following termination or expiry of the Contract.
4.5 Use and storage of the Equipment by Hirer. The Hirer:
4.5.1 shall keep the Equipment in good repair and condition (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party to repair the Equipment and shall notify PARTYBOXRENT immediately if any repair is necessary;
4.5.2 shall ensure that the Equipment is supplied with proper, conditioned mains power at the correct voltage; the Equipment shall not be powered from a generator or other non-mains source without PARTYBOXRENT's prior written consent;
4.5.3 shall not operate the Equipment beyond its rated power, volume or output limits, or in any manner liable to cause distortion, overheating or damage to drivers or amplifiers;
4.5.4 shall not use the Equipment in any wet, damp, sandy or excessively dusty environment without PARTYBOXRENT's prior written consent and the use of appropriate weather protection;
4.5.5 shall comply with all applicable noise, licensing and venue regulations and any specific conditions imposed by the venue at which the Equipment is used, and shall indemnify PARTYBOXRENT against any third party claims arising from the Hirer's breach of such regulations or conditions;
4.5.6 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;
4.5.7 shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by PARTYBOXRENT;
4.5.8 shall not make any alteration to the Equipment (including defacing or covering up any name plate or mark);
4.5.9 shall not, without the prior written consent of PARTYBOXRENT, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;
4.5.10 shall not, without the prior written consent of PARTYBOXRENT, part with control of the Equipment;
4.5.11 shall not do or permit to be done anything which could invalidate PARTYBOXRENT's insurances;
4.5.12 is responsible for the security of the Equipment whilst in the Hirer's possession; and
4.5.13 will take all appropriate measures to secure the Equipment, including when not in use. The Hirer is strongly advised to ensure that hired Equipment is covered by appropriate insurance during the Hire Period; the Hirer's standard household contents insurance may not cover hired equipment.
4.6 Damage to or loss of Equipment. The Hirer shall pay PARTYBOXRENT:
4.6.1 all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer's risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by PARTYBOXRENT, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and/or cleaning have been completed; and
4.6.2 the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair, and the Hirer will continue to pay the Charges until the Replacement Cost has been received by PARTYBOXRENT.
4.7 Late return charges. If the Equipment is not returned by the agreed end of the Hire Period, the Hirer shall, in addition to any other amounts payable, pay PARTYBOXRENT a late return charge equal to the single daily Charge for the relevant Equipment for each day or part-day of late return, until the Equipment is returned or, where applicable, deemed lost.
4.8 Inventory check. The Equipment is supplied complete with the accessories listed on the Order or delivery note (including cabling, stands, power-banks, covers and flight cases). At the end of the Hire Period the Equipment will be checked against that inventory. The Hirer shall be liable for the Replacement Cost of any missing accessory.
4.9 Electrical safety. PARTYBOXRENT shall ensure that the Equipment is supplied in a safe condition and, where appropriate, has been tested in accordance with relevant electrical safety standards. The Hirer shall not use any Equipment which appears to be damaged, has frayed or exposed cabling, or which the Hirer reasonably believes to be unsafe, and shall report any such concern to PARTYBOXRENT immediately.
4.10 Consequences of expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to PARTYBOXRENT.
4.11 PARTYBOXRENT requires access to recover or substitute the Equipment. The Hirer will grant, and will ensure that the owner of any third party premises will grant, to PARTYBOXRENT, its agents, employees and sub-contractors the right at any time on reasonable notice to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.11 are without prejudice to any rights and remedies of PARTYBOXRENT.
4.12 Substitution of the Equipment. PARTYBOXRENT may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. PARTYBOXRENT will give the Hirer reasonable notice if it intends to do this.
5.1 Requirement to provide identification. As a condition of release of the Equipment, whether on delivery to the Hirer or on collection by the Hirer, the Hirer must produce to PARTYBOXRENT:
5.1.1 a valid, in-date photographic identity document (a UK or EU/EEA driving licence, a UK or EU/EEA passport, or another government-issued photo ID acceptable to PARTYBOXRENT); and
5.1.2 a utility bill, council tax bill or bank or building society statement dated within the three (3) months immediately preceding the date of delivery or collection, showing the Hirer's name and current residential address.
5.2 Matching details. The name shown on the photographic identity document and the name and address shown on the document produced under clause 5.1.2 must match the name and billing address of the credit or debit card used to pay the Booking Deposit and/or the balance of the Charges. Where the photographic identity document does not itself show an address (for example, a passport), the address match will be taken from the document produced under clause 5.1.2.
5.3 Consequences of failure to provide identification. If the Hirer fails or refuses to produce documentation that satisfies PARTYBOXRENT under this clause 5, PARTYBOXRENT may refuse to release the Equipment. In such circumstances:
5.3.1 PARTYBOXRENT shall be treated as ready, willing and able to perform the Contract;
5.3.2 the failure shall be treated as a cancellation of the Order by the Hirer; and
5.3.3 the Booking Deposit shall be forfeit and PARTYBOXRENT shall be entitled to recover any further losses arising from the cancellation in accordance with these Terms.
5.4 Photographs of identification documents. The Hirer acknowledges and agrees that PARTYBOXRENT will photograph the documents produced under clause 5.1 and, where appropriate, the person presenting them, for the purposes set out in clause 5.5.
5.5 Use and retention of identification data. PARTYBOXRENT processes the identification data collected under this clause 5 as a data controller under applicable data protection laws. The lawful basis for processing is PARTYBOXRENT's legitimate interests in:
5.5.1 verifying the identity of persons taking possession of the Equipment;
5.5.2 preventing fraud and the unauthorised use of payment cards;
5.5.3 recovering the Equipment in the event of loss, theft or non-return; and
5.5.4 defending payment card chargebacks and similar disputes.
PARTYBOXRENT will retain the identification data for a period of one hundred and eighty (180) days following the end of the Hire Period, after which the data will be securely deleted, save where PARTYBOXRENT is required to retain it for longer in connection with an ongoing dispute, claim, investigation or legal obligation. Further information about how PARTYBOXRENT processes personal data, and the Hirer's rights in relation to that data, is set out in PARTYBOXRENT's privacy policy.
6.1 When PARTYBOXRENT will provide the Equipment. During the order process PARTYBOXRENT will let the Hirer know when PARTYBOXRENT will provide the Equipment.
6.2 PARTYBOXRENT is not responsible for delays outside of PARTYBOXRENT's control. If the supply of the Equipment is delayed by an event outside PARTYBOXRENT's control (including but not limited to severe weather, fire, flood, transport disruption, supply chain disruption, industrial action, acts of government or any form of health epidemic), then PARTYBOXRENT will contact the Hirer as soon as possible to let the Hirer know and PARTYBOXRENT will take steps to minimise the effect of the delay. PARTYBOXRENT will not be liable for delays caused by any event outside PARTYBOXRENT's control, but if there is a risk of substantial delay the Hirer may contact PARTYBOXRENT to end the Contract and receive a refund for any Equipment paid for but not received.
6.3 If the Hirer does not allow access to provide the Equipment. If the Hirer does not allow or procure PARTYBOXRENT access to its property to provide the Equipment as arranged, PARTYBOXRENT may charge the Hirer additional costs incurred by PARTYBOXRENT as a result. If, despite PARTYBOXRENT's reasonable efforts, the Hirer is not contactable or access to the Hirer's property cannot be re-arranged within a reasonable period of time, PARTYBOXRENT may end the Contract. It is the Hirer's responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow PARTYBOXRENT to access it to effect delivery in a safe manner without causing damage. If the Hirer has any concerns around access and safe delivery, this should be raised with PARTYBOXRENT prior to completing an Order and noted on the Order, failing which PARTYBOXRENT shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.
6.4 When the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at PARTYBOXRENT's premises or at the Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to PARTYBOXRENT once loading of the Equipment onto the collection vehicle is complete, or the Equipment is received by PARTYBOXRENT at their premises.
6.5 What will happen if the Hirer does not give required information to PARTYBOXRENT. PARTYBOXRENT may need certain information from the Hirer so that PARTYBOXRENT can supply or arrange the supply of the Equipment, for example, delivery details. PARTYBOXRENT will contact the Hirer to ask for this information. If the Hirer does not give PARTYBOXRENT this information within a reasonable time of PARTYBOXRENT asking for it, or if the Hirer gives PARTYBOXRENT incomplete or incorrect information, PARTYBOXRENT may either end the Contract or make an additional charge of a reasonable sum to compensate PARTYBOXRENT for any extra work that is required as a result. PARTYBOXRENT will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving PARTYBOXRENT the information PARTYBOXRENT needs within a reasonable time of PARTYBOXRENT asking for it.
6.6 If the Hirer does not allow access to collect the Equipment. The Hirer shall grant or procure the grant of access to the Site to PARTYBOXRENT to allow the collection of the Equipment and make the Equipment available for collection by PARTYBOXRENT on the date and time agreed between PARTYBOXRENT and the Hirer. If PARTYBOXRENT is unable to collect the Equipment as arranged PARTYBOXRENT may charge the Hirer any additional costs incurred by PARTYBOXRENT as a result.
6.7 Hirer collections and returns. When a Hirer wishes to collect or return Equipment from or to PARTYBOXRENT's place of business, it shall be the Hirer's responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by PARTYBOXRENT staff and the Hirer shall hold PARTYBOXRENT harmless in the event of contravention of this. Should the Hirer have any doubt as to whether these requirements can be complied with, it should ask PARTYBOXRENT to arrange a collection/delivery, subject to Charges (as applicable).
7.1 Where to find the Charges. The Charges will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.
7.2 Variation of the Charges. PARTYBOXRENT will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:
7.2.1 any variation in the Hirer's requirements for the Equipment;
7.2.2 any information provided by the Hirer being inaccurate or incomplete; or
7.2.3 any failure or delay by the Hirer in providing information.
7.3 A Booking Deposit or other payment information may also be required. At the time the Equipment is ordered, PARTYBOXRENT may require the Hirer to pay a Booking Deposit and/or require the Hirer to provide details of a valid credit or debit card and allow PARTYBOXRENT to take a Booking Deposit.
7.4 Status of the Booking Deposit. The Booking Deposit secures the Equipment for the Hire Period. Cancellations made more than forty-eight (48) hours before the start of the Hire Period will result in the Booking Deposit being refunded in full. If the Hirer cancels less than forty-eight (48) hours before the start of the Hire Period, the Booking Deposit is non-refundable.
7.5 A Security Deposit may also be required. At the time payment for the balance of the order is completed, the Hirer may be required to pay a Security Deposit.
7.6 Status of the Security Deposit. The Security Deposit shall be a deposit against default by the Hirer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.
7.7 PARTYBOXRENT may off-set the Security Deposit against amounts owed by the Hirer to PARTYBOXRENT. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), PARTYBOXRENT shall be entitled to apply the Security Deposit in part or in whole against any such costs and by providing the Security Deposit the Hirer specifically consents to this.
7.8 Return of Security Deposit. Unless PARTYBOXRENT is entitled to make a deduction from the Security Deposit in accordance with clause 7.7, the full amount of the Security Deposit will be returned to the Hirer at the end of the Hire Period, by the same payment method by which it was received.
7.9 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by PARTYBOXRENT shall be paid by the Hirer within a period of fourteen (14) days from the date when the relevant invoice is issued. PARTYBOXRENT reserves the right at any time, by giving notice to the Hirer, to review and change the payment terms if the Hirer does not pay to terms; this shall be without prejudice to PARTYBOXRENT's other rights for late payment or breach of contractual terms.
7.10 PARTYBOXRENT can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause 15 shall apply. If the Hirer is a Trader, the provisions of clause 19.5 shall apply.
7.11 Other remedies of PARTYBOXRENT for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by PARTYBOXRENT in the recovery of amounts due or the recovery of the Equipment. In addition PARTYBOXRENT is entitled to suspend further services to the Hirer.
8.1 Maximum hire period for individuals. Where the hire is to a Hirer who is an "individual" (which includes without limitation a sole trader or partnership) within the meaning of the Consumer Credit Act 1974, the Hire Period shall not exceed three (3) months, after which time the relevant Contract shall be deemed to have automatically terminated. The Hirer must return the Equipment by the end of that period; any continued use thereafter requires a new Order and Contract.
8.2 Grounds for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract without payment of compensation if the other party:
8.2.1 commits a material breach of the Contract which is incapable of remedy;
8.2.2 commits a material breach of the Contract which can be remedied but fails to remedy that breach within seven (7) days of a written notice setting out the breach and requiring it to be remedied being given by the other party; and/or
8.2.3 becomes Insolvent (and each party shall notify the other party immediately upon becoming Insolvent).
8.3 Termination on Notice. Subject to clause 3.6, either party may terminate the Contract on giving the other party not less than five (5) days' notice in writing.
8.4 PARTYBOXRENT's rights to terminate. PARTYBOXRENT may terminate the Contract immediately on giving written notice to the Hirer if:
8.4.1 the Hirer does not, within a reasonable time of us asking for it, provide PARTYBOXRENT with information that is necessary for PARTYBOXRENT to provide the Equipment;
8.4.2 the Hirer does not, within a reasonable time, allow PARTYBOXRENT to deliver or collect the Equipment, or the Hirer does not collect the Equipment from PARTYBOXRENT;
8.4.3 the Equipment is lost, stolen, seized, confiscated or in PARTYBOXRENT's reasonable opinion or the opinion of its insurer(s), damaged beyond repair;
8.4.4 the Hirer fails to pay any of PARTYBOXRENT's invoices within fourteen (14) days from the due date for payment;
8.4.5 (in relation to Traders only) the Hirer (or its associated persons, agents or subcontractors) is shown not to be running its business in accordance with applicable law and regulations and with high levels of governance and ethical standards or cannot evidence such standards by way of appropriate policies and controls (or otherwise) to PARTYBOXRENT's reasonable satisfaction, including but not limited to compliance with the Bribery Act 2010, the Modern Slavery Act 2015, the Criminal Finances Act 2017 (anti-facilitation of tax evasion) and applicable data protection laws; or
8.4.6 the Hirer otherwise breaks these Terms.
8.5 The Hirer's right to the Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of the Contract PARTYBOXRENT's consent to the Hirer's possession of the Equipment shall terminate and PARTYBOXRENT may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located on reasonable notice (save in the case of urgent recovery of unreturned Equipment).
8.6 Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.
8.7 Consequences of termination or expiry. Upon the termination or expiry of the Contract, howsoever caused, without prejudice to any other rights or remedies of PARTYBOXRENT:
8.7.1 PARTYBOXRENT shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;
8.7.2 the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and
8.7.3 the Hirer shall pay on demand all costs and expenses incurred by PARTYBOXRENT in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).
8.8 Definition of Insolvent. "Insolvent" means where a person ceases to trade, is unable to pay its debts as they fall due or where a person becomes, or is likely to become, insolvent or bankrupt including where a person has a receiver, administrative receiver, administrator or provisional liquidator appointed; is subject to a notice of intention to appoint an administrator; passes a resolution for its winding-up; has a winding up order made by a court in respect of it; enters into any composition or arrangement with creditors (save in respect of a solvent restructuring) or has any steps or actions taken in connection with any of these procedures in any jurisdiction.
9.1 Statutory cancellation right does not apply. The hire of Equipment under these Terms is a service related to leisure activities to be performed on a specific date or during a specific period as set out in the Order. Accordingly, by virtue of regulation 28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the 14-day cancellation right under regulation 29 of those Regulations does not apply to the Contract.
9.2 Cancellation under these Terms. The Hirer may cancel an Order in accordance with the cancellation and deposit provisions set out in clause 7.4.
9.3 How to cancel. To cancel, the Hirer must inform PARTYBOXRENT by a clear statement (for example, a letter sent by post or by email) using the contact information in clause 2.2.
9.4 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return it to PARTYBOXRENT or allow PARTYBOXRENT to collect it. Please contact us using the information in clause 2.2.
9.5 What PARTYBOXRENT charges for collection. If the Hirer is responsible for the costs of return and PARTYBOXRENT is collecting the Equipment from the Hirer, PARTYBOXRENT will charge the Hirer the direct cost to PARTYBOXRENT of collection.
10.1 Which version of our Terms apply to your order. PARTYBOXRENT amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order and available at www.PartyBox.Rent will apply to the Contract between the Hirer and PARTYBOXRENT.
10.2 Amending the Terms applicable to your Order. PARTYBOXRENT may revise these Terms as they apply to an existing Order only where necessary to reflect changes in relevant laws or regulatory requirements. If PARTYBOXRENT has to revise these Terms as they apply to an Order, PARTYBOXRENT will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or only for any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, the Hirer will have to return (at PARTYBOXRENT's cost) any relevant Equipment already received and PARTYBOXRENT will arrange a full refund of the price paid by the Hirer.
PARTYBOXRENT is the data controller of any personal information a Hirer provides to us. PARTYBOXRENT will collect and process such information in order to process and fulfil an Order.
If the Hirer is an individual providing PARTYBOXRENT with its own personal information, please see PARTYBOXRENT's privacy policy for further information on how personal information is used and rights in relation to that information.
If the Hirer is providing personal data of another individual to PARTYBOXRENT, the Hirer must tell that individual that the Hirer is providing their information to PARTYBOXRENT and show them a copy of this notice.
12.1 Even if PARTYBOXRENT delays in enforcing a Contract, PARTYBOXRENT can still enforce it later. If PARTYBOXRENT fails to insist that the Hirer performs any of its obligations under a Contract or if PARTYBOXRENT does not enforce its rights against the Hirer, or if PARTYBOXRENT delays doing so, that will not mean that PARTYBOXRENT has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If PARTYBOXRENT does waive a default by the Hirer, PARTYBOXRENT will only do so in writing, and that will not mean that PARTYBOXRENT will automatically waive any later default by the Hirer.
12.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.3 Nobody else has any rights under a Contract. The Contract is between the Hirer and PARTYBOXRENT. No other person shall have any rights to enforce any of its terms.
12.4 Transfer of rights. 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 PARTYBOXRENT. PARTYBOXRENT may assign or transfer any or all of its rights and obligations under the Contract to any successor in title to PARTYBOXRENT's business and shall give written notice to the Hirer on or after such event.
13.1 Which laws apply. Subject to clause 13.2, these Terms and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.
13.2 Where you may bring legal proceedings. PARTYBOXRENT and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if: (13.2.1) the Hirer is a resident of or has its registered office in Scotland, in which case either party may bring proceedings in Scotland in accordance with Scottish law; or (13.2.2) the Hirer is a resident of or has its registered office in Northern Ireland, in which case either party may bring proceedings in Northern Ireland in accordance with Northern Irish law.
14.1 PARTYBOXRENT is responsible to the Hirer for foreseeable loss and damage caused by PARTYBOXRENT. If PARTYBOXRENT fails to comply with the Contract, PARTYBOXRENT is responsible for loss or damage the Hirer suffers that is a foreseeable result of PARTYBOXRENT 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 PARTYBOXRENT knew it might happen, for example, if the Hirer specifically drew it to our attention during the sales process.
14.2 PARTYBOXRENT does not exclude or limit liability where it would be unlawful to do so. This includes liability for:
14.2.1 death or personal injury caused by PARTYBOXRENT's negligence or the negligence of PARTYBOXRENT's employees, agents or subcontractors;
14.2.2 fraud or fraudulent misrepresentation;
14.2.3 breach of the Hirer's legal rights in relation to the Equipment including the right to receive the Equipment; and
14.2.4 any matter for which PARTYBOXRENT is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability.
14.3 Use of the Equipment by Consumers. Where the Hirer is a Consumer, PARTYBOXRENT supplies the Equipment for the Consumer's domestic and private use only. The Consumer agrees not to use the Equipment for any commercial, business or re-sale purpose. PARTYBOXRENT will have no liability to the Consumer for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from use of the Equipment in breach of this clause.
14.4 PARTYBOXRENT's aggregate liability. Subject to clause 14.2, PARTYBOXRENT's liability to the Hirer for loss, destruction or damage to goods or property is limited to a total of £1 million whether due to our breach of contract, negligence or otherwise. If the Hirer thinks that there is a possibility that goods or property could be damaged which have a higher value, the Hirer must notify PARTYBOXRENT in writing before the Equipment is delivered to the Site. On receipt of such notification, PARTYBOXRENT may choose to make additional coverage available and this will involve an increase in the Charges.
14.5 Hirer's legal rights.
15.1 If the Hirer does not make any payment to PARTYBOXRENT by the due date, PARTYBOXRENT may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of Barclays Bank plc. This 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. The Hirer must pay PARTYBOXRENT interest together with any overdue amount.
No Hirer Terms will apply to any Contracts. Each Contract will be subject to these Terms to the exclusion of all other terms and conditions, including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
17.1 Trader insurance. The Hirer shall, at its own cost, maintain throughout the Hire Period appropriate insurance covering the Equipment for its full Replacement Cost against loss, theft and damage, and public liability insurance with a limit of not less than £2,000,000 per claim. The Hirer shall provide evidence of such insurance to PARTYBOXRENT on request.
17.2 Liability for damage to Hirer's property. PARTYBOXRENT shall have no liability to the Hirer for damage to the Hirer's property if the Hirer fails to comply with clause 4.3.
17.3 Consequences of parting with control of the Equipment. If the Hirer without the prior written consent of PARTYBOXRENT parts with control of the Equipment, the Hirer shall, immediately upon PARTYBOXRENT's request, procure the return of the Equipment to the Hirer. If the Equipment is not returned to the Hirer within five (5) days of PARTYBOXRENT's request, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the Replacement Cost of the Equipment and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of PARTYBOXRENT.
17.4 Equipment will comply with the Contract. PARTYBOXRENT shall:
17.4.1 during each Hire Period, ensure that the Equipment shall be of satisfactory quality and shall be reasonably fit for its intended purpose where that purpose has been notified to PARTYBOXRENT in advance; and
17.4.2 on the Commencement Date, ensure that the Equipment complies with all applicable laws and statutory regulations relating to the Equipment's manufacture and electrical safety.
17.5 What to do if the Equipment fails to comply with the Contract. If, at any time during the Hire Period, the Hirer becomes aware of a breach of clause 17.4 the Hirer shall give written notice of the breach to PARTYBOXRENT as soon as reasonably possible once the Hirer has become aware of the breach.
17.6 Remedies if the Equipment fails to comply with the Contract. Following receipt of written notice under clause 17.5 PARTYBOXRENT will:
17.6.1 repair the Equipment;
17.6.2 replace the Equipment with equipment of an equivalent or similar specification; or
17.6.3 reduce the Charges of the relevant Equipment by a sum which is fair in the circumstances.
These are the Hirer's only remedy for a breach of clause 17.4.
17.7 Circumstances where PARTYBOXRENT will not be liable. PARTYBOXRENT shall not be responsible to the Hirer for any breach of clause 17.4 and shall not be required to repair or replace the Equipment in accordance with clause 17.6 if:
17.7.1 the breach arose directly as a result of any act or omission of the Hirer; and/or
17.7.2 the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment.
In such circumstances, and without prejudice to its other rights including those in clause 4.10, PARTYBOXRENT shall be entitled to charge the Hirer for attending Site to repair or replace Equipment.
18.1 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Site where the Equipment is to be delivered. Acceptance of delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has accepted such delivery.
18.2 Save where PARTYBOXRENT has expressly agreed in writing that delivery is required by a specific date and time tied to a specific event, time of delivery of the Equipment and/or performance of the Contract will not be of the essence.
18.3 If the Equipment is unavailable for inspection or collection by PARTYBOXRENT within five (5) days of the scheduled date for inspection or collection (as agreed between PARTYBOXRENT and the Hirer), the Equipment shall be deemed to be lost and the Hirer shall be responsible for the Replacement Cost of the Equipment in accordance with clause 4.6.2 and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of PARTYBOXRENT.
18.4 If PARTYBOXRENT delivers a quantity of the Equipment less than the quantity specified in the Order, the Hirer shall agree the shortages with PARTYBOXRENT and note the same on the delivery document. The Hirer may elect to:
18.4.1 refuse to take delivery of or reject the Equipment and the Hirer shall have liability for the cost of delivery only; or
18.4.2 take delivery of and keep the lesser quantity of Equipment or any part thereof and pay for them at the rate specified in the Order subject to a pro-rata reduction in the relevant Charges.
18.5 If PARTYBOXRENT delivers a quantity of Equipment greater than the quantity specified in the Order, the Hirer may elect to:
18.5.1 accept and pay for all the Equipment delivered at the Charges; or
18.5.2 accept and pay for the quantity specified in the Order and reject the excess.
19.1 Withholding tax. If the Hirer is required in accordance with the relevant tax laws to make any withholding in respect of taxes from payments made or due to PARTYBOXRENT, it shall provide PARTYBOXRENT with a certificate evidencing that withholding has been made and properly accounted for to the relevant tax authorities and shall provide PARTYBOXRENT with such assistance as may reasonably be required to enable PARTYBOXRENT to reclaim such taxes.
19.2 Hirers with Credit Accounts. If PARTYBOXRENT has granted a credit account to the Hirer:
19.2.1 payment of any Charges or any other sums due under the Contract shall be made in full cleared funds by the payment date shown on the invoice; and
19.2.2 PARTYBOXRENT may set a reasonable credit limit.
19.3 PARTYBOXRENT may terminate if the credit limit is exceeded. PARTYBOXRENT reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding its credit limit or the Hirer has already exceeded its credit limit.
19.4 Invoice queries. The Hirer should notify PARTYBOXRENT in writing of any queries concerning invoices within 14 days of the invoice date. PARTYBOXRENT will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after such date.
19.5 Late payment. If the Hirer does not make any payment to PARTYBOXRENT in full by the due date, without prejudice to any other rights of PARTYBOXRENT, PARTYBOXRENT may charge the Hirer interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend further services to the Hirer or any of its associated companies.
20.1 Non-excludable liability. Neither party excludes or limits its liability, if any, to the other party for:
20.1.1 death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable;
20.1.2 any breach of its obligations implied by section 2 of the Supply of Goods and Services Act 1982;
20.1.3 its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
20.1.4 any matter which it would be illegal for it to exclude or to attempt to exclude its liability.
20.2 Tangible property liability. Subject to clauses 20.1 and 20.4, PARTYBOXRENT's maximum aggregate liability to the Hirer for loss of or damage to tangible property caused by its negligence or act or omission shall be limited to five million pounds (£5,000,000).
20.3 PARTYBOXRENT's aggregate liability. Subject to clauses 20.1 and 20.4, PARTYBOXRENT's maximum aggregate liability to the Hirer arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of PARTYBOXRENT's obligations under the Contract but excluding any liability which falls within clause 20.2, shall be limited in respect of each Contract to the greater of (a) the Charges and other sums paid or payable in respect of that Contract as specified in the Order; and (b) one thousand pounds (£1,000).
20.4 Excluded types of liability. Subject to clause 20.1, neither party shall have any liability to the other party for any:
20.4.1 loss of profit (direct or indirect);
20.4.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
20.4.3 loss of goodwill, loss of reputation, loss of opportunity and/or loss of operation (in each case whether direct or indirect);
20.4.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect);
20.4.5 liability of the other party to third parties (whether direct or indirect); or
20.4.6 indirect, consequential or special loss,
arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of that party's obligations under the Contract and/or any defect in or breakdown of the Equipment or the Equipment's unsuitability for the Hirer's intended purpose.
20.5 The effect of clause 20.4 on the Hirer's liability. Clause 20.4 shall not limit or exclude PARTYBOXRENT's ability to claim against the Hirer in respect of:
20.5.1 any loss of or damage to Equipment;
20.5.2 the ability to recover the Charges applicable for any remaining Hire Period on early termination of any Contract as set out in these Terms; and/or
20.5.3 costs and expenses in respect of recovery of the Equipment as set out in these Terms.
20.6 PARTYBOXRENT's entire liability. The Contract sets out the full extent of PARTYBOXRENT's obligations and liabilities in respect of the Equipment including the hire of Equipment to the Hirer. There are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on PARTYBOXRENT except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded to the extent permitted by law.
No right or licence is granted to the Hirer in respect of any intellectual property rights of PARTYBOXRENT, except the right to use the Equipment in the Hirer's ordinary course of business for the purpose for which it was supplied.
22.1 Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party. Where disclosure is made to any employee, consultant, sub-contractor or agent who needs to know the confidential information for the purposes of the Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub-contractor or agent complies with such obligations.
22.2 Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:
22.2.1 is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under the Contract;
22.2.2 is independently disclosed by a third party entitled to disclose the same; or
22.2.3 is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.
23.1 Method and address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by pre-paid first class post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with this clause 23.1 shall be deemed to have been served:
23.1.1 if delivered by hand, at the time of delivery; or
23.1.2 if sent by pre-paid first class post or recorded delivery, at 9.00 a.m. on the second Business Day after the date of posting.
23.2 Clause not applicable where the Civil Procedure Rules apply. This clause 23 shall not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply.
24.1 Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
24.1.1 neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and
24.1.2 nothing in this clause 24.1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.
24.2 No Partnership. Nothing in the Contract and no action taken by the parties in connection with it shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
24.3 Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.
Version: May 2026