Marquee and Gazebo Hire Terms and Conditions (B2C)

Designed for the hire of a range of marquees, gazebos and large tents, these Marquee and Gazebo Hire Terms and Conditions (B2C) cover a range of important points to allow for smooth and efficient transactions between hire businesses and their consumer customers.

For smaller (camping-style) tents an alternative set of terms and conditions is also available from Simply-Docs for use by hire businesses with their consumer customers.

This template is for use only where the customer of the hire business acts as a “consumer” in relation to the marquee hire. However, where the customer of the hire business is not acting as a consumer (i.e. the customer is hiring the marquee wholly or mainly for business purposes), we have provided an accompanying alternative set of terms, the Marquee and Gazebo Hire Terms and Conditions (B2B).

“Consumer” is defined in the Consumer Rights Act 2015 as an individual who receives services for his/her personal use and for purposes wholly or mainly outside the business of that individual or another.

This document is designed for use in situations where marquees, gazebos and other large temporary outdoor structures are being booked in advance for hire and will be set up or installed by your staff or contractors.

Details are required of customers including the dimensions and location of the site on which the structure will be set. More importantly, customers are subject to a number of obligations to ensure that the site will be fit for use and that no damage will be likely to occur.

Payment in this terms and conditions template takes the form of an initial deposit, followed by the balance of the hire fees and a refundable security deposit.

Cancellation provisions are included, allowing customers to cancel within various time windows before the hire period begins. For each window, different refund and/or payment terms apply, ensuring that the closer to the hire period the cancellation takes place, the more money your business is entitled to – reflecting the level of inconvenience and loss of opportunity to hire the goods out to a different customer.

Customers might damage hired items, whether accidentally or otherwise. Provision is therefore made for an accidental damage waiver, and there is also provision for a refundable security deposit to cover loss or damage where the customer is at fault. 

However, these payment, loss, damage, and cancellation provisions need to be considered carefully in view of the following points. These terms and conditions are written for use when dealing with consumer customers. Applicable consumer law constrains the extent to which a supplier may limit or exclude their liability. It also limits a supplier's ability to take and forfeit any deposit/s that the supplier requires as security against loss or damage of items hired and against cancellation of the contract by the customer. 

This document contains limits on the supplier's liability (see Sub-Clause 14.6). It also provides for a “Security Deposit” against loss or damage (see Clause 8) and a “Deposit” against customer cancellation of an advance booking (see Sub-Clause 9.1 and Clause 10). Whilst these provisions are intended to comply with the applicable consumer law, users of this template are advised to exercise great care and to take legal advice as to what in the particular circumstances will be legally permissible and enforceable before proceeding. In particular, users will need to focus on the following. 

Firstly, they should consider whether to include Clause 14.6 (which sets a fixed cap on total liability) and if they do decide to do so so, they should consider whether the proposed amount of the limit under that Sub-clause would be legally permissible and enforceable. 

Secondly, if they wish to include any limits on or exclusions of liability not already included in this document, they should consider whether such additional limits or exclusions would be legally permissible and enforceable. 

Thirdly, they should consider what would be a legally acceptable and appropriate amount of Security Deposit.  

Finally, they should consider whether the proposed amount of Deposit (Sub-Clause 9.1) and each of Sub-Clauses 10.2.2, 10.2.3 and 10.2.4  would be appropriate and legally permissible and enforceable, and this will involve considering the total to be charged for cancellation in each case and also the stage and time at which cancellation occurs - the 72 and 48 hour periods suggested may or may not be appropriate in the particular circumstances.

Please note that while this template can also be placed on a website for hire to Consumer customers only, it is not designed to serve as terms and conditions for e-commerce and has not been written with distance selling and e-commerce laws in mind.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Marquee and Gazebo Hire Terms and Conditions (B2C) contain the following clauses:

1. Definitions and Interpretation
2. Information About Us
3. The Contract
4. Tents/Gazebos/Marquees
5. Use and Care of Tents/Gazebos/Marquees
6. Your Obligations
7. Hire Period
8. Security Deposit
9. Fees and Payment
10. Changes and Cancellation
11. Delivery, Hire and Collection
12. Accidental Damage Waiver and Insurance
13. Loss and Damage
14. Our Liability
15. How We Use Your Personal Information (Data Protection)
16. Termination 
17. Events Outside of Our Control (Force Majeure)
18. Communication and Contact Details
19. Complaints and Feedback
20. Regulations
21. Information
22. Other Important Terms
23. Governing Law and Jurisdiction
[Schedule - Privacy Notice]
[Schedule - Standard form of Order]

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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