TERMS AND CONDITIONS OF BUSINESS
1. Definitions
The meaning of some words used in these terms and conditions:-
“We”, “Us” or “Our” is a reference to BEC Locations, a company registered in England and Wales under Company Number:, with a registered office at 86-90 Paul Street, London, EC2A 4NE
1. “Hirer” or “You” or “Your” is a reference to the company from which we are accepting a Booking for the Location and who is required to pay for the Booking.
2. “Booking” means the agreement between You and Us, as specified in the Booking form.
3. “Property” or “Location” means the single Property that you will be hiring as specified in the Booking form.
4. “Property owner” is the individual owner or representative for the Location.
2. Contract
2.1. A Booking becomes a binding contract when the completed Booking form is returned to Us and We accept the Booking in writing, by email.
2.2. We take Bookings on behalf of Property owners which means that the contract is between You and BEC Locations. Any conversations or agreements made between You and the Property owner will in no way affect the details of this Booking and Our contract will overrule in the event of a dispute.
2.3. By making the Booking, You are agreeing to hire the Property from Us for the date(s) and usage specified and at the price specified in the Booking form.
2.4. In the unlikely event that the Location becomes unavailable after the Booking is confirmed, then BEC Locations will source an alternative Location, or refund 100% of the agreed hire rate + Booking fee. BEC Locations will not be responsible for any further remuneration or compensation in this instance.
2.5. A Property owner has no standing or authority to change or alter any details contained in this Booking.
3. Terms of Use
3.1. The Location is hired for the purposes as detailed in the “Particulars of Hire” section of the Booking form. The Property owner grants You a non-exclusive licence to use the Property for the agreed purposes during the hire period. Nothing in this agreement shall amount to a tenancy of the Property.
During Your occupation of the Location, You agree that You will:-
· Take photographs of the Location on arrival to record the current condition of the Property, and as reference to assist in returning all furniture and property back to how it was found;
· Be responsible for the supervision of all persons and the property at the Location, and ensure sufficient security measures are in place to manage people coming in and out of the Property;
· Not allow any persons under Your control to loiter outside of the Property or in communal areas, or to cause any disruption to neighbouring properties/residents;
· Not alter the Property without Our prior agreement;
· Report to Us any damage to the Property immediately as it occurs;
· Not exceed the number of persons specified in the Booking form as attending at the Property;
· Allow Us or the Property owner and/or any authorised third party agent or contractors to access the Property for any purpose, providing it does not interfere with the hire, and/or to exercise any of Our rights under this contract;
· Be responsible for all utility costs, charges and fees incurred during the hire period;
· Repair and restore the Property to the condition it was in when the hire commenced;
· Vacate the Property promptly at the end of the hire period.
If these conditions are not fulfilled then We will be entitled to suspend the hire until such controls are in place. We will charge You all costs, charges and fees incurred in returning the Property to the state and condition it was in before the hire and in addition We will charge You an additional hire fee equivalent to Your daily hire rate for each day when the Property is not in its original state and condition.
4. Access Hours and Overtime
4.1. The access hours are specified in the Booking form. The access times cannot be amended unless discussed and agreed with Us prior to the date of hire.
4.2. Location hire outside of the specified times is charged at a standard additional overtime rate of 20% of the day rate, per or part of the hour, or at the agreed rate as quoted in the Booking form.
4.3. You will be billed for additional time over and above the agreed hours in the event of a team arriving before or leaving after the specified access hours.
5. House Rules
5.1. The house rules, if available, will be sent to You along with this contract, and will set out specific rules relating to the Property. These rules must be distributed and read by all of Your crew. Breach of these rules may give rise to a claim for damage or misuse during the shoot, and the owner may stop the hire until the team agree to adhere to such rules.
6. Equipment
6.1. Storage of equipment and props overnight must be agreed in writing prior to the hire and may carry an additional fee. Any such storage must not intrude on the Property owner’s free enjoyment and use of the Property outside of Your agreed access hours. If the agreement in writing is not obtained before the hire, then an additional charge of 20% of the hire fee will be added to Your final invoice.
6.2. Any equipment or valuables left at the Location are at Your own risk. We / Property owner are not liable for any loss or damage to equipment whilst at the Property.
7. Disclosure
7.1. If full details of the hire are not disclosed before the hire date, We and the Property owner have the right to suspend the shoot until the contract can be renegotiated.
7.2. The Agreed hire fee is based upon the information stated in the Use/Permissions section of the Booking form. If You require further use of the filming and / or photography material outside of what has been discussed and agreed, then additional fees relative to extended permissions will apply. Any additional fees will be due before further use of material will be permitted.
8. Drop Offs and Pick Ups
8.1. Drop offs and pick ups are not possible before or after the hire date(s) unless agreed with Us prior to the event.
8.2. Additional charges based on the hourly hire rate may be added to the invoice in respect of the Property owner’s time and inconvenience caused by drop offs and pick ups.
9. Your Obligations
9.1. You must inform Us of any changes to the decorations or furnishings You wish to make and must obtain Our agreement before any changes are made.
9.2. You must reimburse Us forthwith on written demand for any costs or losses sustained or incurred by Us or the Property owners arising directly or indirectly from breach of this contract by You.
10. Cancellation
10.1. Confirmed hires, which are cancelled, must be done so with as much notice as possible. Notice of cancellation must be provided within working hours, i.e. 10:00am – 5:30pm, Mon-Fri. Cancellations will incur the following charges:
· More than 48 hours prior to commencement of the hire will be charged at 25% of agreed fee.
· 48 hours prior to hire charged at 50% of the agreed fee.
· 24 hours prior to hire charged at 100% of the agreed fee.
11. Booking / Administration Fee
11.1. A Booking fee of £95 will be added to every Location hire invoice. In the event of cancellation the Booking fee will still be payable.
11.2.An Administration fee of £45 will be added to every invoice issued for the recovery of costs relating to damage claims.
12. Pre-Visits / Recces
12.1. The photography displayed on Our website is intended to give a general overview of the style of the Property. The images and description should not be relied upon as an exhaustive list of the contents or current decoration of the Property. BEC Models make no warranty or representation that the Property is fit for purpose. You are advised to visit the Property prior to making the Booking. If no pre-visit is made, no compensation can be requested if the Property does not meet Your requirements.
12.2. A recce may be chargeable if its activities are outside that which have been agreed in writing prior to the appointment, or if it exceeds the time allocated for the appointment.
12.3. Any room dimensions or measurements requested from Us or the Property owner are for general guidance only and do not form part of the contract. It is Your responsibility to visit and take exact measurements where required.
12.4.Paint colours, if requested by You from Us or the Property owner do not form part of the contract.
13. Insurance / Damages
13.1. You must ensure that You have Public Liability Insurance of a minimum of £2,000,000 and a copy of Your current insurance policy document must be made available to Us on request. Any loss or damage to the Property due to Your negligence is Your responsibility and You accept that You are liable to reimburse Us for any direct or indirect loss caused to the Property or Property owner by such damage or loss.
14. Payments
14.1. All Location hire invoices sent by Us to You must be paid BY RETURN. You will not be provided access to the Property if payment has not been received in accordance with our terms. Funds must have cleared in our account, and proof of payment will not be accepted as evidence that payment has been processed.
14.2. Invoices for damage claims must be paid within 7 days.
14.3. Payments outstanding after the invoice term may incur interest at a rate of 8% per annum and costs under the Late Payment of Commercial Debts (interest) Act 1998 and the Late Payment of Commercial Debts regulations 2013.
14.4. If any part of the payment is withheld for any reason, We retain the right to restrict use of all imagery or footage captured whilst on Location.
14.5. We accept payment by BACS transfer, cheque, or cash paid directly at the bank. Payment by company card is permitted subject to a processing fee of 1.5% for UK Visa and Mastercard, and 3.2% for non-UK card transactions and AMEX. Payment from personal debit/credit cards is not accepted.
14.6.Payments outstanding after 90 days will be passed to Our appointed debt recovery agent.
15. Deposit
15.1.The Deposit paid will be held by BEC Models during the hire period and any over-run. The deposit will cover in the event of any claim for damage or loss to the Property owner, and/or BEC Models or any failure by the Hirer to reinstate the Property within the agreed access hours to the condition that it was in before the hire commenced, or in the event that You incur overtime or any other additional costs for which You are responsible based on the terms of this contract.
15.2.After deducting from the deposit any agreed cost of damage or loss to the Property owner and/or BEC Models or any other sums outstanding, including without limitation, overtime, consumables, utilities and parking costs, the balance remaining, if any, shall be repaid to the Hirer by BEC Models, by BACS transfer within 7 working days of re-instatement being complete.
15.3.In the event that monies are due for any damage or loss, or re-instatement costs to the Property owner from the deposit, BEC Models will charge the Hirer a damage administration fee in addition to the agreed sum for damage, loss or re-instatement.
15.4.In the event that all costs for damage, loss, reinstatement, overtime or additional charges, are not covered by the deposit held, then the Hirer must pay the outstanding balance, within 7 days on receipt of a VAT invoice from BEC Models
16. General
16.1. Governing Law: this contract and any dispute or claim arising out of or in connection with it or its subject, matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
16.2. Jurisdiction: Each Party irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter (including non-contractual disputes or claims).
16.3. For the purposes of the Contract (Rights of Third Parties) Act 1999 the Property owner has been authorised by Us and has the right to enforce any of the terms and conditions in this contract against You.