Terms and Conditions

Tuk Tuk Smiles Contract

The Provider

Tuk Tuk Smiles Limited (“Us, We, Our”)

The Customer

The person booking Tuk Tuk Smiles Limited for their event (“Customer, Client, You”)

About these Terms and Conditions (“Terms”)

The following are the Terms of use for Tuk Tuk Smiles Limited, which applies to all of our hire products. When you purchase any of our products, you are entering into a legally binding contract between ‘The Provider’ and ‘The Customer’ based on these Terms (collectively referred to as the “Agreement”).

This written contract sets out the full intentions of the parties and supersedes any previous written or oral agreement made between the parties.

Who We Are

Tuk Tuk Smiles Limited is a Limited Liability Company incorporated in the UK.

Products

We require online forms to be completed and returned by email in order to place a booking. All details stated on the booking form will be taken as given unless we are otherwise notified in email or writing. You are solely responsible for providing accurate details with respect to any booking you make.

Once you have sent us your booking form, you will receive an acknowledgement email from us. This does not mean the booking has been accepted. We will send you a confirmation email with our contact details, details of the Product you would like to hire and any additional extras for the requested event date (“Date”), the final full cost and an invoice for the deposit. A contract between us will only be formed once we confirm receipt of your deposit for hire of the Product on the event Date (“Booking”). 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.

Price and Payment

A non refundable deposit of 50% of the final full cost is required to secure any booking, if the booking is made more than 28 days prior to the Date. A receipt and acknowledgement email will be sent to the customer once the deposit payment has been made. The Product for hire will only be reserved once a receipt for the deposit payment has been sent by the provider to the customer.

The full payment of the Booking must be paid no later than the 28th day prior to the event Date, along with any extra costs that have been agreed. Full payment is required for any bookings made less than 28 days prior to the event Date. We will send an email confirming the details of the booking, along with an invoice for the final payment. It is the customers responsibility to ensure these details are correct. If the customer thinks any of the details are incorrect in the final email confirmation, we must be notified as soon as possible.

Amendments and Cancellations

In order to cancel a confirmed booking, you must inform us in writing. The cancellation charges you must pay shall be determined by the table below. The charges must be paid within 20 working days of our invoice.

Cancellation Charges

Length of time before the Date

Less than 4 months – 50% of Total Package Price
Less than 2 months – 75%% of Total Package Price
Less than 1 month – 100% of the Total Package Price.

Amendments to your event Date can be made at the cost of £60, as long as we have been notified a minimum of 3 months from your Date and as long as the new date requested is available.

We reserve the right to cancel your Booking without liability to you and without any obligation to refund your deposit if:

you do not pay us the balance of your Booking by the date due for such payment;
we have reasonable grounds to believe that you may not pay us the balance of your Booking by the due date and we have requested you to explain the position and you have not done so satisfactorily;
where any of our employees has received threatening or abusive behaviour from you or anyone attending the event with respect to the Booking we have reasonable grounds to believe that your behaviour or that of any third party is likely to result in damage to our Product or injury to people.

If we cancel your Booking under any of the circumstances above, the cancellation charges set out in the table above shall apply. You are fully responsible for any deliberate damage to our Product caused by you or a third party with respect to your Booking.

Venue Access and Location

We must be provided with the full correct address for the chosen venue, and it is your responsibility to ensure this. There must be suitable parking facilities at your chosen venue for the duration of your Booking for reasonable access for both loading and unloading of equipment. We are happy to liaise with your venue if requested to arrange access at the agreed time on the Date, but you must provide a contact number for the venue or an email address.

Space and Power Requirements

The Customer will arrange for an appropriate space to be made available for the Photo Booth at the event venue. A minimum floor area of 3mx3m is required for booth only bookings. For guestbook bookings, a 4x4m space is required. The customer is required to provide a trestle table and table cover for the guestbook table.

The Customer will provide a mains electricity supply comprising of a single 13amp, 240v socket located in the space designated by the Customer for the Product to be placed.

Service Period and Idle Hours

The hire period for the Booking will be stated on the confirmation email we provide to you. Use of our Product will start at the agreed time and will finish at the agreed time. We will arrive to set up between 45 minutes to 1 hour prior to the specified start time of hire, unless agreed otherwise. If you require us to set up earlier than this then you must notify us at least 7 days before the Date. If we set up our Product prior to the agreed start time and the Product is not in use then there will be an additional charge of £40 for each hour the Product is not in use.

The Provider agrees to provide a photo booth operational and available for the use of a minimum of 80% of the agreed service period, to permit maintenance of the photobooth, should this be necessary.

If for any instance we are delayed in providing the hired Product due to poor access or venue restrictions, the agreed hire period will remain unchanged. If your event starts or runs late, the period of hire will still be for the agreed period, unless we have agreed to provide additional hours as per an addition charge, set by the Provider.

If the Provider uses the Product for a period in excess of the agreed service period, additional hire charges will be payable by the Customer to the Provider, which will be calculated on a

pro-rata basis. Payment of additional rental charges must be made by the customer before the commencement of the additional hire period.

Loss or Damage to Providers Equipment

The Customer assumes complete responsibility for any loss of or damage to the Provider’s equipment (other than fair wear and tear) caused by any misuse of the equipment by the Customer, third party employees or their guests.

The Customer shall be responsible for any loss of or damage to the Providers equipment caused by Theft, Fire, Flood, or Accidental Damage.

Events Beyond Our Control

We will endeavor 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.

Where you have purchased a guestbook as an additional add-on, it is not our responsibility if any pictures are not placed in the guestbook. Any damage to the guestbook during the event is not our responsibility. Guestbook designs may vary. All prop boxes are included in the package; however, items may vary.

Indemnification

The Customer agrees to, and understands the following:

The Customer will indemnify the Provider against any and all liability related to the Customer’s Event and use of the Provider’s equipment
The Customer will indemnify the Provider against any and all liability associated with the use of any pictures taken at the Customer’s event by any booth or by its operative’s employees or affiliates

The Customer agrees to, and understands the following:

All persons using the designated Product at the Customer’s event hereby gives Tuk Tuk Smiles Limited the right and permission to copyright and to reproduce or otherwise use any photographic portraits or pictures of any booth user who may be included in whole or in part, via any or all media now or hereafter known for illustration, art, promotion, advertising, trade, or for any other purpose.

In addition, the Customer, hereby releases, discharges and agrees to maintain Tuk Tuk Smiles Limited free from any liability arising out of the taking of said picture or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.

Miscellaneous terms

Where the rental includes a photographic printer and for any reason printed photographs cannot be provided on site at the time of the event, the Provider will place the photographs on a web site which the Customer and their guests can access and download.

Your Obligations

You must comply with the terms of the Agreement as set out in these Terms.

You warrant that you: are over 18 and have full authority to enter in this Agreement
You confirm you are not currently restricted from contracting with us; that you shall not infringe our rights; and that you shall only submit information that you are entitled to submit, which is accurate and not confidential
You are responsible for complying with the laws of the country from where you are booking and to ensure you have all necessary permission and consents in place in relation to your use of our services and Products
You should not create a false identity or submit inaccurate, false or misleading information
You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement

Termination

The terms of this Agreement, other than the sections dealing with our respective rights and obligations, shall survive termination.

Liability

Our liability if you are a business customer

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes. Nothing in this Agreement limits or excludes our liability for:

death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation;

However, beyond that we exclude all other liability to the extent permitted at law.

We will under no circumstances whatever be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.

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.

Our liability if you are a consumer

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in this Agreement limits or excludes our liability for:

death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation;

however, beyond that we exclude all other liability to the extent permitted at law.

General legal provisions

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.

You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.

If there are any disputes relating to the Agreement then these will be governed by the laws of the United Kingdom. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in the United Kingdom.

This is the entire agreement between the Provider and the Customer relating to the subject matter herein and shall not be modified except as agreed in writing by both parties.