1. The contract is the document or documents that set out these Conditions and all other details about your agreement with us. The contract is formed on our acceptance of your order. “We”, “Us” and “Our” means ‘MKD Leisure’. “You” or “hirer” means person, firm, company, corporation or public authority or body to whom we supply Equipment on hire. “Equipment” means the hired items referred to in the Contract. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977, or any statutory modification of that Act. The Contract will be governed by and interpreted with English Law.
2. You will provide the prize that will be presented to the winner of the fun casino.
3. No cash prizes will be awarded.
4. Chips utilized at the event have no cash value and therefore cannot be redeemed for cash.
5 `MKD Leisure` COMPLY WITH THE LOTTERIES & AMUSEMENTS ACT 1976 UNDER SECTION 15 & THE NATIONAL LOTTERIES ACT 1993. GAMES ARE PLAYED FOR AMUSEMENT ONLY, ALTHOUGH PRIZES MAY BE GIVEN.
6. Casino nights are lawful if held as part of an “exempt entertainment”, as laid down in section 15 of the Lotteries and Amusements Act 1976. A copy of the Act can be obtained from the Office of Public Sector Information (formerly HMSO). Under Section 15, the promoters of an “exempt entertainment” (i.e.: a fete, dinner, dance, sporting event or bazaar etc) may lawfully provide as part of the entertainment any “amusement with prizes”, whether it is a lottery or gaming or both, provided the following conditions are met: That the whole proceeds of the entertainment, after deducting the expenses of the entertainment, shall be devoted to purposes other than private gain; That the facilities for winning prizes at such amusements are not the only or substantial inducement to persons to attend the entertainment.
7. Due to insurance restrictions children who wish to take part must be accompanied by a parent.
8. You will pay the hire charge stated in the Contract. Hire charges will begin at the time of delivery or time stated in the Contract and will continue during the period of hire until you have restored the Equipment to us in a clean and serviceable condition. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four per cent above the prevailing base rate of Natwest Bank plc, calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of money and Equipment.
9. It is the duty of the Hirer to provide at such destination or site, adequate access to the site and a duly authorised representative to accept the goods. If the Hirer fails to provide for this, he will not be permitted to dispute subsequently the facts of the delivery and be deemed to have accepted the delivery and these conditions.
10. Quotations are subject to equipment availability at time of confirmation. Once an order has been confirmed, cancellations will incur the following charges less than 21 days – 100%, 21-60 days – 50%, 61 days or more – deposit only.
10a. If you choose the discounted option to pay the full amount at time of booking, the full amount paid will be deemed as your deposit and refunds will not be given on cancellations.
10b. Postponement of bookings maybe allowed subject to our discretion for up to 6 months from the original date the entertainment was to be provided, at least 70 days notice needs to be given if you intend to postpone.
11. A final invoice will be sent approximately 35 days before the entertainment is to be provided requesting full and final payment. The final balance will be due for full payment no later than 21 days before the entertainment is to be provided. If a block booking has been made the date of the first booking will be deemed as `the date the entertainment is to be provided`. If the final balance is not received within 21 days of the event date the booking will be deemed as cancelled and the cancellation charges above in section 10 will apply.
12. The Hirer undertakes to keep the hired goods in good order and condition and to return all of them to us in such order and condition.
13. During the period of hire, the Hirer is solely responsible for the hire goods and must insure against all risks, for block bookings where our equipment is left at the hirer's premises, the period of hire will be from the first date stated on the booking form up to 11pm on the day after the last date on the booking form.
14. It is your responsibility to make sure that all people who use the equipment while in your possession / hired by you, do not misuse or damaged it.
14a. Our staff are there to entertain you and your guests. Should our staff be subjected to any physical or verbal abuse we have the right to terminate the casino/entertainment at any stage during the specified (dealing) time with no refunds being given.
15. We will make every endeavour to effect delivery and collection of hired items at the time indicated by the Hirer, but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect nor for any expense caused to the Hirer by such delay. All times which we state or quote for delivery or collection are approximate. Our normal delivery and set up time is 2 hours before the agreed commencement of the entertainment unless otherwise agreed in writing.
16. You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, if for reasons beyond our control the entertainment cannot take place on the agreed date, if for any reason the entertainment cannot be provided a full refund of the hire charge will be given to the hirer and no other claims will be entered into.
17. If an additional delivery and collection charge is applicable it will be confirmed at the time of the order it writing and an extra charge will be applied for deliveries outside the normal working hours. Should extra labour, set-up or breakdown be required this will be charged accordingly, as will parking tickets, fines and all fees where ample parking has not been provided.
18. If the Hirer fails to give us adequate access to collect the goods or fails to return any goods hired by him at the end of the agreed period of hire or within the seven days from the Company making a written demand, the Hirer shall pay to us the current replacement cost of the items which have not been returned. The replaced cost will be deemed to be the insurance value.
19. You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever or damage to or loss of property arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it.
20. It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for complying with requirements of the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment.
21. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person. All damage must be paid for by the hirer within 21 days of the event as well as any losses the company incur as a result of the damage.
22. We reserve the right to make substitutes without prior warning for the items that may be unavailable.
23. We will be entitled at any time if you break this Contract or if any proceedings are commenced in which your solvency is called into question we will be entitled at any time to terminate this Contract will immediate effect and to repossess any or all of the Equipment. Such termination will affect our right to recover from you any money due to us under this Contract or damages for breach of contract.
24. You authorise us or your agent to enter any land or premises where we reasonably believe any Equipment to be, in order to inspect, test, repair or repossess it.
25. Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
26. Payments made by pay pal should be made to info@mkdleisure.co.uk, a 3.7% credit card charge will be added to your invoice for all payments using paypal. Payments via BACS should be made to our account, details of which will be supplied on your invoice. If you wish to pay using cash please ask us for details.
27. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977, or any statutory modification of that Act. The Contract will be governed by and interpreted with English Law.
28. An additional supplement per table will apply to all December bookings (please ask for details). New Years Eve & Christmas Eve will be subject to a 100% supplement.
29. COPYRIGHT
The copyright to fun money, all footage and finished DVD material including any still photography taken by our representative at your function is owned by ‘MKD Leisure’ and may be used for any promotional activity including promotional photos / video and web photos / video.
E-mail: info@mkdleisure.co.uk