These Terms & Conditions, together with the Application Form, constitute a binding contract between the Hirer (as detailed overleaf) and Yellow Cactus (hereafter referred to as YC) which shall be deemed to be accepted and shall commence on the date Deposit is paid to YC. No changes or alterations can be made unless agreed in writing by YC. This contract supersedes any prior agreement or understanding, either oral or in writing.
- 1. The Hirer is the person named on the booking form, and he / she declares that he / she is over eighteen years of age and is legally entitled to enter into this agreement on their own behalf. Persons entering into this agreement on behalf of another individual or on behalf of a company / organisation declare that they have full authority to do so.
- 2. By opening an account with YC and by providing the information required on the booking form and paying the booking fee the Hirer is agreeing to our terms and conditions of hire.
- 3. Unless specified, hire charges are based on a period of one day, or part thereof, irrespective of whether the equipment is in use or not.
- 4. A refundable deposit (the amount stated in each agreement under the section “Deposit”) will act as the booking fee and may be deducted as stated in clause 6. YC reserves the right to withhold booking fees paid to them to secure a booking should the booking be cancelled.
- 5. If a booking is cancelled 48h prior to the shooting dates the full deposit (booking fee included) is returned to the borrower. If the cancellation is made after 48h prior the rental, YC reserves the right to decide to keep or to return the deposit/booking fee.
- 6. YC reserves the right to deduct from the Deposit if: The Hirer delays the drop-off time as stated in line with clause 11; Any Consumables need replacement; and/or for Damages lesser than the value of the Deposit.
- 7. YC opens Monday to Sunday from 9am to 6pm. In the event the Hirer requires our services out of hours, a fee of £20 per hour shall be charged to the Hirer.
- 8. Upon rental the Hirer must provide 2 forms of ID; a current UK driving licence and Passport (or other official ID), and a current utility bill or bank / card statement confirming your address.
- 9. The Hirer undertakes to insure the equipment at full replacement value, when away from the YC premises, or will otherwise personally indemnify YC for the full cost of repair or replacement of the equipment. The full replacement value is the amount stated under the section “Insurance Value” in each agreement.
- 10. YC does not warrant that the goods supplied in the rental are necessarily fit for the Hirer’s purpose or purposes. The Hirer warrants that they have satisfied themselves that the goods will be fit for every purpose for which they require them, and that they do not rely on any skill or judgement of YC in this regard.
- 11. In the event that the Hirer is late for the return, YC reserves the right to charge a fee, as follows: 30min to 1 hr after scheduled time of return (25% of deposit), 1hr to 2hrs after scheduled time of return (50% of deposit), 2 hrs to 3hrs scheduled time of return (100% Deposit), more than 3 hrs scheduled time of return (one full day of rental)
- 12. The Hirer will provide proof of insurance when the value of the equipment hired is over £5000. Proof of insurance shall be provided to YC in all cases. Equipment valuation is available on each Agreement under the section “Insurance Value”. Should the equipment become faulty in any way, including where any parts are missing, YC shall be entitled to keep the Deposit and if the value of replacement is greater, YC is entitled to draw upon the Hirer’s insurance taken out in accordance with clause …
- 13. YC reserves the right to charge for repair or replacement of any equipment damaged, lost or stolen, howsoever arising, during the period of hire. The Hirer’s liability is for the full replacement value of the equipment.
- 14. All equipment is tested before dispatch and on return. In the event that the hired equipment is faulty, YC shall not be liable for any consequential losses or damages whether financial or otherwise arising there from.
- 15. By opening an account with YC the borrower is agreeing to share his email and details to Yellow Cactus for marketing purposes.
- 16. The terms above and the contract to which this document relates, shall in all respects be construed and operate in accordance with English Law.