Terms & Conditions

The “Owner” is Luxe Play

The “Hirer” refers to the person, corporation or group hiring the equipment from the Owner

The “Equipment” means all the equipment and accessories supplied to the Hirer

“Terms” means these Terms and Conditions of Hire

These terms are the only terms and conditions whereby the Owner will provide the goods and services to the Hirer. They are deemed to be accepted by the Hirer on payment of a deposit and must be marked as “agreed to” in the booking form by the Hirer in order to proceed.

The Owner collects the Hirers personal information to process the booking and communicate with the Hirer. If the Hirer doesn’t provide this information, the Hirer cannot make a booking. Please refer to the Privacy Policy page for further information.

1.   HIRE TERMS

The Hirer accepts full responsibility for the use and or operation of the hire equipment and hereby agrees to sign a liability waiver, at least seven (7) days prior to the event, to release and fully indemnify the Owner against any third party claims, actions, demands, suits, costs, and expenses for damage or injury or death to a person or persons or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or persons associated with the Hirer. The Owner has the right to cancel a booking if a liability waiver is not received within seven (7) days prior to the booking as per Clause 4.4.

1.1   Before booking

1.1.1   The Hirer will ensure there is flat ground for the designated area. Slopes or uneven surface will jeopardize the Owners ability to safely set up and could result in the Owner having to cancel the booking as per Clause 4.3.

1.1.2   The Hirer will ensure that there is sufficient space and time allocated for setting up the chosen package as outlined in the listing details. The Owner cannot be held responsible for not being able to set up if the space and time is not sufficient to do so. A failure to comply will jeopardize the Owners ability to set up and could result in the Owner having to cancel the booking as per Clause 4.3.

1.1.3   The Hirer will ensure that there is a power supply within 10 metres of the designated equipment if the Hirer is hiring a balloon dome. A failure to provide power supply will jeopardize the Owners ability to set up and could result in the Owner having to cancel the booking as per Clause 4.3.

1.2   During booking

1.2.1   The Hirer will ensure there is a suitable parking space for the Owners delivery vehicle. The parking space will be required to be as close as possible to the the booking location.

1.2.2   The Hirer is required to ensure that the set up area is empty and ready for the Owner to set up and pack the equipment and that access to the space is clear of any obstacles (objects and people / party attendees).

1.2.3   To ensure an efficient set up the Hirer will ensure that children do not interfere with the set up process and remain outside of the set up area until it is completed.

1.2.4   Once set up by the Owner the Hirer reserves the right to inspect the equipment to ensure the set up meets the agreement outlined in the booking details and the equipment is in good working order. Once agreed it is the Hirers responsibility to ensure no equipment, or any part thereof, is removed or repositioned from the play area at any time.

1.2.5   The Hirer will ensure that there is no overcrowding on the equipment. The recommended number of children as outlined in the packages details are permitted at any one time.

1.2.6   Strictly no shoes at any time. All shoes must be removed before entering the soft play area(s).

1.2.7   Strictly no food, drink, chewing gum, smoking, sharp objects, face paint, party poppers, coloured streamers, silly string and pets are permitted in or near the equipment.

1.2.8   The soft play equipment is strictly for the use of children under the age of 5 years old only.

1.2.9   The balloon domes can be used by persons of all ages and do not have a weight limit. It is highly recommended, however, that no more than 4-5 children/adults go inside at one time. Clauses 1.2.8.1 - 1.2.8.4 outline additional terms and conditions that apply specifically to balloon dome equipment hire. If any breaches are observed to these conditions it will render the balloon dome unsafe and it is the Hirers responsibility to evacuate all kids from the balloon dome until it can be rendered safe again.

1.2.9.1   It is the Hirers responsibility to ensure supervision of children in and out of the balloon dome is done by a competent person of at least 18 years of age. A demonstration for safe operation will be relayed from the Owner to the Hirer. For outdoor bookings this may involve the use of an anemometer.

1.2.9.2   The Hirer will ensure kids stay away from the sides of the bubble, as well as the entrance and exit sides.

1.2.9.3   The Hirer will keep kids clear from the back of the inflatable at all times so there is no temptation for them to tamper with the electric blower or detach the power supply plugs.

1.2.9.4   If required the Hirer will ensure to keep track of the wind speed using the provided anemometer, evacuate the dome and turn off blower if the provided anemometer reads > 30km/hr.

1.2.10   The Hirer of the equipment is responsible and liable for any damage or injuries occurring from, or as a result of misuse. These guidelines are for the safety of all persons during hire, and it is the sole responsibility of the Hirer to ensure that they are adhered to. The Owner cannot accept responsibility for any damage or injury to anyone using the equipment howsoever caused.

1.3   After booking

1.3.1   The Hirer will ensure there is a suitable parking space for the Owners delivery vehicle. The parking space will be required to be as close as possible to the the booking location.

1.3.2   The Hirer is required to ensure that the pack down area is empty and ready for the Owner to pack down the equipment and that access to the space is clear of any obstacles (objects and people / party attendees).

1.3.3   To ensure an efficient pack down the Hirer will ensure that children do not interfere with the pack down process and remain outside of the soft play area.

1.3.4   The Hirer will ensure all ocean balls are returned to the ball pit.

2.   PAYMENT TERMS

2.1    Payment methods accepted by the Owner include Credit and Debit cards such as Visa and Mastercard. The Owner uses a Stripe payment processer to complete transactions. For further information regarding data sharing please refer to the Privacy Policy.

2.2    The Owner requires a non refundable deposit of $200 from the Hirer to secure the booking.

2.3    The Owner will review the Hirers booking form and issue a final invoice. The final invoice may contain additional charges. For example charges in line with the Owners Delivery Policy.

2.4    The final invoice is payable at least seven (7) days before the date of the Hirers booking. If a booking is placed less than seven (7) days from the required date, then payment in full is required within 24 hours of the final invoice.

2.5    If the Hirer does not settle the final invoice by the due date; the Owner reserves the right to cancel the booking and no refund will be given as per Clause 4.4.

3.   SECURITY BOND

3.1    A security bond applies to all bookings and will be pre-authorised, using the same account details used for the deposit, two (2) days prior to the Hirers booking. The Owner reserves the right to pre-authorise the card provided and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking.

Value of booking $0 to $499 - Pre-authorisation amount of $200
Value of booking $500 to $999 - Pre-authorisation amount of $300
Value of booking $1,000 to $1,999 - Pre-authorisation amount of $400

3.2    The Owner has the right to cancel a booking if a security bond is not received within two (2) days prior to the booking as per Clause 4.4.

3.3    The Owner will notify the Hirer in writing within three (3) days after the booking as to the release or non-release of the security bond. In the event that a bond is not released reasons will be provided alongside photographic evidence (where possible).

3.4     Where the equipment is returned in the condition it was provided to the Hirer, and Terms and Conditions during (Clause 1.2) and post booking (Clause 1.3) are adhered to, the pre-authorisation hold will be released in full back to the Hirer within seven (7) to ten (10) business days of the event. The time this takes to process is dependant on the Hirers bank processing times.

3.5     In the event that Terms and Conditions during booking (Clause 1.2) are not adhered to the Owner reserves the right to charge $100 from the security bond.

3.6     In the event that Terms and Conditions after booking (Clause 1.3) are not adhered to the Owner reserves the right to charge $100 from the security bond.

3.7     In the event that there are losses, damages and additional costs associated with the booking, the Hirer is liable for full repair/replacement fees and/or cleaning costs and the Owner reserves the right to charge the card the security bond amount at a minimum.

3.8     If the additional damage / loss charges exceed the pre-authorised security bond amount, the Owner reserves the right to charge the balance owing on the credit card provided at the time of booking. The Owner must notify the Hirer in writing, however, in the event the Hirer is non-compliant or non-responsive the additional charges can be made, as per acceptance of the Owner’s Terms and Conditions at the time of booking.

Ball pit deep clean (when food and drink has entered the ball pit) - $200
Hopper - $150 each
Moon rocker- $200
Push car - $300 each
Soft play cubes / circles - $100 each
Soft play mat - $50 each

4.   CANCELLATIONS

4.1   The Hirer acknowledges that by booking the equipment the Owner will suffer a loss in the event the Hirer needs to cancel the agreement. Other potential bookings are declined for the same date and/or package when a deposit is received from the Hirer.

4.2   A Hirer can cancel the booking by notifying the Owner in writing at luxeplayperth@gmail.com. A $50 cancellation fee will apply when refunds are required to be processed as well as applicable fees outlined in Clause 4.2.1 - 4.2.4.

4.2.1   If a cancellation request is received with at least fourteen (14) days notice, the deposit will be credited by the Owner to the Hirer to be used as a deposit for a future booking within a twelve (12) month period. If the Hirer has already paid in full in advance the Owner will refund the Hirer minus the $200 deposit paid.

4.2.2    If a cancellation request is received with less than fourteen (14) days but at least seven (7) days notice, the deposit is forfeited by the Hirer. If the Hirer has already paid in full in advance the Owner will refund the Hirer minus the $200 deposit paid.

4.2.3    If a cancellation request is received with less than seven (7) days but at least three (3) days notice, the owner will refund the Hirer 50% of all booking costs.

4.2.4    If a cancellation request is received with less than three (3) days notice, the Hirer forfeits any rights to a refund.

4.3   The Owner reserves the right to cancel the Hirer’s booking due to non-payment, inadequate surfaces, inadequate space, parking restrictions, lack of permissions or permits that means the booking cannot go ahead, the Hirer will forfeit any rights to a refund of any monies paid minus the $200 security bond (if applicable).

4.4    The Owner reserves the right to cancel the Hirer’s booking without notice if there is a breach of these conditions. A breach of conditions forfeits the right to a refund of any monies paid.

4.5    In the unfortunate event that the Owner needs to cancel the Hirer’s booking at any point, the Owner will refund the Hirer any monies paid.

5.   WEATHER

5.1   In winter, indoor bookings are accepted only.

5.2   In autumn and spring, good weather is never guaranteed. The soft play is not waterproof and the Owner cannot set up outdoors if it rains, is going to rain or the ground is damp due to soaking the previous day. Additionally the balloon dome cannot be set up in windy conditions (wind speeds >30km/hr). In the event of poor weather, the Hirer is required to have an indoor space alternative or suitable undercover space provided. The Owner will keep an eye on the weather forecast the week leading up to the Hirer’s event and will notify the hirer as soon as they believe alternative indoor arrangements need to be made. If no suitable back up option is made available to the Owner a cancellation will apply.

5.3   In summer, the equipment will get hot if left outdoors in direct sun. The soft play equipment will be uncomfortable to touch and the balloon dome will be uncomfortable for breathing. Additionally the balloon dome cannot be set up in windy conditions (wind speeds >30km/hr). The Hirer needs to ensure the space is shaded for safety reasons. In the rare occasion that rain and wind is expected the Hirer is required to have an indoor space alternative or suitable undercover space provided. As outlined in Clause 5.2 above the Owner will be keep an eye on the weather forecast the week leading up to the Hirer’s event and will notify the hirer as soon as they believe alternative indoor arrangements need to be made. If no suitable back up option is made available to the Owner a cancellation will apply.

6.   MARKETING

6.1   The Owner may capture media related to the Hirer’s booking for advertising and promoting purposes.

6.2   The Hirer allows the Owner to use media captured from the booking for advertising and promotion using the Owners business social media accounts and/or the Owners website.

6.3   The media captured will be strictly in relation to the services and equipment of the Owners business. The Owner will not publish any personally identifiable information.