Terms of service
TERMS OF SERVICE
These terms of service apply to all bookings for Equipment hired from Little Rides Limited. It is your responsibility to make sure you understand these terms and are prepared to comply with them at the time you confirm your booking.
1. DEFINITIONS
1.1 In these Terms: (a) Agreement means any booking or order relating to the Equipment, together with these Terms. (b) Customer or You means the person, firm, company or entity hiring Equipment from Little Rides Limited. (c) Equipment means the Equipment, rides and accessories specified in your booking. (d) Little Rides Limited, We or Us means Little Rides Limited and its successors and assigns. (e) Price means the price to hire the Equipment stated in our booking documentation, plus Goods and Services Tax. (f) Terms means these Terms and Conditions of Hire.
2. BOOKINGS
2.1 Bookings: You will place your booking and pay the Price via our booking platform. Each booking we accept will constitute a separate contract on the terms of this Agreement.
2.2 Unavailability: If your chosen Equipment becomes unavailable due to damage during a prior booking (and cannot be replaced with an identical item) you will be entitled to either select another item of Equipment, receive a full refund, or receive a credit with us. While we will do everything in our power to repair or replace any damaged equipment, we cannot guarantee it will be available and do not accept any liability if it is not.Â
2.3 Bond: We may require a bond payment before we supply Equipment to you. We are entitled to deduct any additional costs incurred under this Agreement from the bond (such as those referred to in clause 5). We will repay the bond (or balance of the bond) using the same method by which it was paid to us 2 working days after we collect the Equipment.
2.4 Rescheduling: (a) We are happy to reschedule bookings at your request on at least 21 days’ notice as long as the chosen Equipment is available on the requested dates. (b) Where your event needs to be postponed because of COVID-19 isolation requirements on your or members of your household we will give you either a credit with us to be used within 12 months OR a refund of 50% of the Price if you are not able to reschedule. We reserve the right to require proof of a positive COVID-19 test result.
2.5 Cancellation: Except as set out below we do not accept cancellations, and we do not offer refunds. (a) If your event is cancelled you must give us at least 21 days’ written notice in order to cancel your booking and receive a full refund. If you give us less than 21 days’ notice we will give you either a credit with us to be used within 6 months OR a refund of 50% of the Price.
3. PAYMENT
3.1 Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”). If you pay by credit card, you agree to indemnify us against any default by your credit card company to make payment to us in full.
3.2 Buy now pay later: We also offer payment via buy now pay later providers in accordance with those providers’ terms and conditions.
3.3 Payment defaults: In cases where we provide you with credit, failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any of our other rights or remedies, simple interest at 1% per month will be payable on demand from the due date until payment.
3.4 Collection costs: You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
4. DELIVERY AND SET UP
4.1 Delivery and set up: We will deliver the Equipment to your location on the day of your event. You agree to ensure we have access to the site at least 2 hours before your scheduled event time to allow adequate time for set up. You agree to give us convenient access to the delivery site and ensure the site is clear and unobstructed. If the site has unsuitable or obstructed access and we are required to undertake additional work, we reserve the right to charge for such additional work. If we cannot access the site at the required time to set up the equipment, we reserve the right to cancel your booking and not refund your payment.Â
4.2 Defects: If Equipment you have hired is damaged, faulty or spoiled at the time you wish to use it, we will comply with our obligations under the Consumer Guarantees Act 1993.
4.3 Failure to supply: Where we fail to make the Equipment available or where you incur any loss in relation to availability as a result of our conduct our liability will be restricted to replacing the Equipment.
5. USE, CARE AND COLLECTION
5.1 Use: You agree to ensure the Equipment is used in accordance with our instructions and rules.Â
5.2 Safety: It is up to you to ensure that the Equipment is used safely and for the purposes for which it is hired to you. We will not be liable for any injuries or damage arising from misuse of the Equipment for the full duration of the hire period.
5.3 Collection: We will collect and pack down the Equipment on your booking date four hours after your event start time unless agreed otherwise. If your event has a shorter duration you must tell us. You agree to ensure the Equipment is ready for collection at the agreed time. If we cannot access your site at the required time on the event date, we may charge you an additional fee (as this may interfere with subsequent bookings of that Equipment).
5.4 Damage: If the Equipment is damaged you must notify us right away. We will inspect the Equipment on return and charge you for any repairs or replacement. If the Equipment needs cleaning, we may charge you for the additional cleaning fee.
5.5 Replacement: Equipment must be in its original condition when we collect it. If the Equipment is damaged beyond repair, lost or stolen we will require you to pay the full cost of replacement. Replacement costs must be paid within 7 working days.
6. GUARANTEES AND LIABILITY
6.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 (the Act) and the Fair Trading Act 1986. If you are hiring Equipment for business purposes, you acknowledge that the provisions of the Act will not apply and that we will have no liability for any loss you suffer.
6.2 To the full extent permitted by law you hereby release Little Rides Limited from any liability for any loss or damage suffered, or for any injury sustained, by you or any other person(s).
7. GENERAL
7.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with our obligations under this Agreement then we may, at our sole discretion, suspend our performance of any such obligation or cancel this Agreement and will not be liable to you in any respect.
7.2 Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
7.3 Variation to Terms: We may vary or replace these Terms from time to time by updating them on our booking platform.
7.4 Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
7.5 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in operating our business. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with this Agreement and any future like arrangement or arrangements.
7.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages, please use the “unsubscribe” function and we will remove you from the mailing list.
7.7 Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand. *
Questions about the Terms of Service should be sent to us at info@littlerides.co.nz.Â
Our contact information is posted below:
Little Rides LimitedÂ
info@littlerides.co.nzÂ
30 West Belt, CAN, Rangiora, New ZealandÂ
027 976 0648
By making payment for your booking, you are acknowledging that you agree with the above terms and conditions for hire