TERMS & CONDITIONS | Green Cockatoo

Green Cockatoo Events

Terms and Conditions

Welcome to Green Cockatoo Events (“we” “us” or “our”) Terms and Conditions (the “Terms”). The Terms you find below are important as they outline your legal rights and obligations as well as our rights when you use the website, our Equipment and/or Services. These Terms shall apply to all bookings with us for the hire of Equipment or Services to the exclusion of all other terms and conditions.

Please read these Terms carefully. By paying your non-refundable deposit and confirming your booking with us, you acknowledge you have read these Terms and agree to be bound by them.

We reserve the right to make any amendments or variation to these Terms, our website and our policies (including any special terms and conditions). Should we make any variations, we shall endeavour to notify you in writing as soon as practicable.

We retain all property title and interest in Equipment used by you during your Hire Period. Reference in these Terms to “us” includes our employees, agents or representatives.

DEFINITIONS

In this document the following words shall have the following meanings:

“Booking” means your order for Equipment and/or Services as set out in your booking invoice, provided in accordance with these Terms;

“Equipment” means all hireable or hired items as detailed in your Booking, and any other additional equipment used in the organisation or setting of your event;

“Hire Period” has the meanings as detailed in Condition 3;

“Services” means our support and/or coordination services in the organisation and performance or your event to the degree agreed in writing, which may be varied from time to time;

“Site” means the event location where Services as required and/or the ground floor of the premises or site specified by you where the Equipment is to be delivered;

“You” means the company, firm or person who has booked to hire Equipment or Services as detailed in your booking invoice(s).

2. SERVICES

We agree to provide you with the Equipment and Services and you agree to pay the Charges (as stated below) in accordance with these Terms, for the Equipment and Services in relation to your Booking.
We agree to use our reasonable endeavours to deliver your Booking in conformity with the booking invoice and these Terms.
In relation to Services, we act solely as a coordinator or facilitator. We can recommend and coordinate third-party vendors and suppliers (including but not limited to caterers, entertainers, florists, audiovisual providers, decorators, and rental services). See Condition 14 in relation to third-party vendors.
The Equipment and Services will comply with all applicable laws, standards and best industry practice and shall be supplied in accordance with your Booking and with reasonable care, and skill within the meaning of the Supply of Goods and Services Act 1982, Part II s.13 and/or the Consumer Rights Act 2015, as applicable.

To the best of our ability we may address any incident, injuries or emergencies that may arise during our provision of Equipment or Services, however, you remain responsible and liable in accordance with the provisions of these Terms

3. DISCLAIMER

We make no warranty or representation that the use of this website will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. To avoid any doubt, articles and other information are for general guidance only and should not be specifically relied on without taking advice.

4. HIRE PERIOD

The standard Hire Period for Equipment is 3 days, unless otherwise arranged, such days to be specified to us and set out in your booking invoice.
The Hire Period of the Services shall be agreed between the parties and set out in your booking invoice.
You agree to hire the Equipment and Services for the Hire Period only, unless otherwise agreed. Should you wish to extend the Hire Period, you must contact us and we reserve the right to charge 10% of your total Booking cost for each additional day.
You acknowledge that the Equipment may be vintage, pre-owned, and hired in their present condition, which may include signs of age, wear, fading, deterioration, or other imperfections inherent to items of this nature. We make no representations or warranties, express or implied, regarding the condition, functionality, safety, or suitability of the Equipment or Services for any purpose. You accept full responsibility for the use of the Equipment and our provision of Services during the Hire Period and waive any claims, demands, or rights against us arising from the condition, performance, or characteristics of the Equipment or Services, except in accordance with these Terms or where prohibited by law.

5. DELIVERY, RETURNS AND RISK

Unless otherwise provided in writing, delivery will take place on your collection of the Equipment, or delivery of the Equipment to the Site, as agreed by the Parties.
Where the Equipment is to be delivered by us to the Site, unless otherwise agreed, Equipment shall be delivered on the first day of your Hire Period.
The risk in the Equipment shall pass to you at the time of delivery and you shall thereafter be liable for all loss and damage to the Equipment once delivered.
Delivery of Services shall be agreed between the parties.
Time shall not be of the essence for any delivery.
Unless otherwise agreed in writing, you are responsible for loading, transporting and unloading the Equipment at the Site and returning it to us, and for all costs incurred in connection therewith.
Upon delivery of the Equipment, any defects or dissatisfaction must be notified to us within 24 hours. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with these Terms, any terms as set out in your booking invoice and to your satisfaction.
All Equipment must be returned in accordance with Conditions 6.7.
All Equipment will be checked within three (3) days of its return to us and we reserve the right to charge for any damage in accordance with Condition 7.

6. YOUR OBLIGATIONS

You must and undertake to:

Provide us with as much information and details about your event and your requirements in relation to the Equipment and Services (including a designated contact person for your Hire Period).
Use the Equipment in a reasonable and proper manner and not use the Equipment for any purpose beyond its capacity;
Be responsible for any damage or loss arising from the continued use of Equipment;
During the Hire Period ensure the security and safekeeping of the Equipment;
Allow us access to inspect, repair or replace the Equipment upon reasonable notice at any time;
Ensure we have access to, or authority to access, as required, any venue and relevant venue areas (including but not limited to main hall, kitchen, office etc.)
Immediately inform us of any breakages, damages or breakdown of Equipment or any problem affecting the working of the Equipment;
Not repair the Equipment without our prior written consent;
Read any relevant operating, packaging and safety instructions supplied in our correspondence and only use the Equipment or any accessories in accordance with those instructions. Instructions are provided on the website and will also be sent by email with receipt of full balance;
Unless otherwise agreed in writing with us, keep the Equipment in your own possessions or a secure location at the Site;
Return the Equipment in the same condition as when it was supplied to you, reasonable wear and tear excepted. In accordance with Condition 8 Equipment damaged, broken or not returned will be charged;
Not sell or offer for sale, assign, or pledge the Equipment to any third party;
Ensure all health and safety measures are in place and that you, guests and third-party vendors comply with all relevant policies, laws and regulations.
Remain responsible for the acts and omissions of all those attending your event including any third-party vendors;
Comply with any relevant Government or Local Authority Regulations and ensure all necessary permits and licences have been obtained.

7.CHARGES

Subject to Condition 7.2, to confirm your Booking, a non-refundable deposit of 30% of your total Booking cost is due within fourteen (14) days of you receiving an initial invoice. Your Booking will not be confirmed until your non-refundable deposit has been received by us. Subject to Condition 9, any refund request for any bookings paid in full will be subject to the 30% non-refundable deposit, unless alternative agreement has been made.
Payment is required in full for all bookings of £75.00 or less, or if the Hire Period commences within 21 days of the date of your booking invoice.
Subject to Condition 7.2, all bookings are made on the understanding that full and final payment is due no later than twenty one (21) days prior to the first day of the Hire Period (the “Due Date”), unless alternative agreement has been made.
Your Booking as at the Due Date is considered your final order and cannot be reduced in quantity.
Charges for your Booking will be as per the invoice provided, subject to amendment where necessary from time to time. We will endeavour to accommodate any special requests regarding theme or colours, however this cannot be guaranteed.
Amendments, but no reduction in quantity subject to Condition 7.4, may be made to your final Booking up to twenty four (24) hours prior to the first day of your Hire Period. You will be invoiced for any amendments made to your final Booking in the period between the Due Date and 24 hours prior to your Hire Period, with payment for amendments due no later than fourteen (14) days following the last day of your Hire Period.
Where full and final payment is not made in accordance with Condition 7.3 and Condition 7.6, we reserve the right to charge interest at the statutory rate on the amount that is overdue. The payment of such interest shall not affect and be without prejudice to any other rights or remedies we have.
Payment should be made by direct bank transfer per the detail on each invoice and any legal or other charges (including bank charges) incurred in your payments or the recovery of money for your Booking shall be paid by you.

8. DAMAGES, BREAKAGES, LOSS AND REPAIRS

We do accept minor damage can be inevitable however, where breakages or damage (including serious marks and stains) of the Equipment have been caused by you or your guests, we reserve the right to issue you with an invoice for the following sums payable within fourteen (14) days of the end of your Hire Period:
1. champagne glasses - five times (5x) the hire cost of each broken or lost item;
2. other Equipment - three times (3x) the hire cost of each damaged, broken or lost item.
Subject to Conditions 5.2, where repairs to any Equipment during your Hire Period are reasonably required, we shall endeavour to replace the Equipment with equipment of a similar type. Where no replacement Equipment is available we shall be entitled to terminate your Booking of that Equipment.
Should we accumulate any equipment that does not belong to us, you shall be notified and it shall be retained for a period of 30 days.

9. TERMINATION/CANCELLATION

We must be notified of any Booking cancellation.
CONSUMER ONLY [Subject to Condition 9.3, if you are agreeing to these Terms as a consumer so that the Equipment and Services will not be acquired by you in the course of a business, you may cancel your Booking within fourteen (14) days of confirming your Booking in accordance with Condition 7.1 receiving a full refund however, we reserve the right to charge you an administration fee of 10% of the total cost, set out in your Booking. If you seek to cancel your Booking after the initial 14 days cancellation period, you will be subject to the remainder of this section 9.]
If you have received any Equipment or Services prior to your cancellation you shall pay for the Equipment and Services received and/or reimburse us for any incurred costs and expenses associated with our provision of the Equipment and Services prior to cancellation, and we reserve the right to retain your non-refundable deposit.
Should you cancel your Booking prior to the Due Date, we shall retain your non-refundable deposit in accordance with Condition 7.1.
Should you cancel your Booking within the 14 days after the Due Date, we reserve the right to retain 50% of your total Booking cost.
Cancellations in the 7 days prior of your Hire Period (or any time after the commencement of your Hire Period) will at our discretion, incur the full charge for the Booking.
If you default in the prompt payment of any sum due under these Terms or are in breach of any of these Terms, or if you do or cause to be done or permit or suffer any act or thing whereby our rights in the Equipment or Services may be prejudiced or put in jeopardy, we shall be entitled to terminate your Booking immediately by notice in writing to you and it shall thereupon be lawful for us to retake possession of the Equipment and for that purpose to enter into or upon any Site where the same may be and the termination of your Booking under this condition shall not affect our right to recover from you any monies due under these Terms or damages for breach thereof.
The period of hire may be terminated by us giving you three (3) days’ notice in writing. In the event of termination your obligations under these Terms shall continue until any Equipment is returned to us.
We reserve the right to cancel your Booking due to unforeseen and unavoidable circumstances, you will be notified as soon as practicable.

10. LIABILITY

We shall not be liable to you or any third party for any loss, claim, costs or damage (including any loss of profit, revenue or business and any indirect consequential or special damages, costs, claims or expenses) arising in relation to your Booking other than as a result of our gross negligence or wilful misconduct.
In the event of Services, we accept no liability for third-parties, including guests, suppliers or venues and neither we nor our employees or agents shall be liable for any damage, loss, delay or expenses caused to you, your guests, any third-party, any other persons attending the event except insofar as it results from our gross negligence or wilful misconduct.
Should we be held liable, our total aggregate liability (inclusive of reasonable expenses and legal fees) for any loss, claim, costs or damages caused by, or contributed to by us shall in no circumstance exceed the total cost of your Booking, subject to Condition 10.7.
We are not liable for any indirect or consequential losses including profit, revenue, goodwill or any other economic loss suffered.
We do not assume responsibility for the health, safety, or conduct of you, any guest, attendee, or participant at the event. All attendees participate at their own risk.
We shall not be liable for any loss, theft, or damage to personal or property during your event, whether belonging to you, guests, third-party vendors, or any other party.
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury caused as a result of our gross negligence, or otherwise may not be excluded by law.

11. INDEMNITY

You agree to indemnify and hold us and our employees, representatives and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims, or actions brought against us in connection with or arising as a result of your Booking and any associated events, including any injury to person or property in connection with or arising out of the storage, transit, unloading, loading, provision of, or use of our Services or the Equipment during the Hire Period.

12. DISTANCE AND INTERNATIONAL

We may agree to bookings outside of Scotland by special agreement. Where bookings are requested outside of Scotland you are responsible for the costs associated. We will itemise those costs which will be added to the quote and booking invoice.
You shall be responsible for:
1. transportation costs;
2. our travel costs (including our employees) as required;
3. accommodation costs; and
4. food and drink.

13. THIRD-PARTY VENDORS

All contracts, agreements, services, and transactions entered into with third-party vendors (including venues) are solely between you and the third-party vendor.
We will not be liable or held responsible for:
1. the performance, quality, or delivery of services by any third-party vendor;
2. delays, disruptions, or cancellations by third-party vendors; or
3. any breach of contract or negligence by third-party vendors.
You are responsible for verifying the availability and credentials of all third-party vendors.
We do not represent, operate, or manage any venues used for your Booking.
We accept no liability for (or any issues related to) venue or third-party vendor:
1. access, capacity, condition, facilities, equipment or suitability;
2. the availability of equipment and facilities;
3. safety, cleanliness, or maintenance; and
4. actions or omissions, including of their employees or representatives.
All arrangements with third-party vendors are subject to their own terms and conditions.
We do not endorse any third-party vendor.

14. PERSONAL DATA

We may collect, process, and store personal data provided by you in connection with your engagement of us including contact details and payment details, for the purposes of administering the hire of Equipment and provision of Services, complying with legal obligations, and protecting our legitimate interests. All personal data will be handled in accordance with our Data Privacy Policy, which is available at [https://www.thegreencockatoo.com/privacy-policy], and you are deemed to have read and understood that policy before entering into contract with us.

15. FORCE MAJEURE

Notwithstanding anything else contained in these Terms, we shall be liable for any delay in performing, or non-performance of, our obligations hereunder if such delay or non-performance is caused by circumstances beyond our reasonable control, including but not limited to strikes, labour disputes, acts of God, war, riot, malicious damage, compliance with any law or government order, regulation or direction, accident, disease and illness, epidemic and pandemic fire, flood, storm or adverse weather conditions and such we shall be entitled (subject to using all reasonable endeavours to resume full performance with avoidable delay) to a reasonable extension of time for performance of such obligations.

16. SEVERENCE

If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.

17. SUBCONTRACTOR

We reserve the right to engage subcontractors to perform all or any part of the Services, or to support provision of the Services. We shall be fully responsible for the acts and omissions of our subcontractors as though they were our own actions.

18. SOCIAL MEDIA

We use social media to promote and advertise our Equipment and Services. These are not endorsed, sponsored or administered by social media, nor is any social media provider associated with us in any way. All social media providers are released from any responsibility in relation to the Equipment and Services and all social media providers are held harmless for any claim raised in relation to the Equipment or Services.

19. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.