Terms & Conditions of Sale
Please read all of the following terms and conditions.
In order to process your order and make a legally binding agreement, please read these terms and conditions and make sure that they do not contain anything you are unhappy with. If there is anything you are not sure about then please contact us.
These Terms and Conditions will apply to the Customer upon the purchase of the services and associated goods advertised in our website, catalogues, brochures or other form of advertisement by SpaNation Ltd.
These are the Terms and Conditions on which we sell all Services to you. By ordering any of the following Services, you agree to be bound by these Terms and Conditions.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Customer means an individual buying our Good and Services;
Hirer means the Customer;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Customer’s premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as set out in the order confirmation;
Services means the services, including any Goods, of the number and description set out in the Order.
Supplier means the owner of the Services and Goods.
- The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
BASIS OF SALE
- The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
- A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer and us, the Supplier. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law.
FEES AND PAYMENT
- The fees (Fees) for each type of (if applicable) the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
- You must pay a booking deposit upon receipt of us sending you an Order confirmation to secure your Order. You can pay by credit/debit card or bank transfer. Instructions of how to pay will be included in your Order confirmation. Any delay in paying the deposit may result in you losing your preferred date of hire.
- Full balance payment must be made no later than 7 days prior to the delivery date of the Services. If full payment is not received before the delivery date we will not deliver, SpaNation Ltd will not refund the booking or delivery fee.
- If a customer is not present during the arranged collection window, and SpaNation Ltd have made reasonable efforts to contact the customer, then a £50 charge will be made for any additional hire nights incurred.
- Deposits are non-refundable and will be credited from your final bill.
- If for any reason you wish to cancel your order, deposit and delivery fee will be forfeited. SpaNation Ltd will not refund the booking or delivery fee. SpaNation Ltd will endeavour to re-arrange your booking subject to availability.
- Any cancellations made within 48 hours before the date of hire will result in losing 50% of all hire fees.
- Any cancellations made within 24 hours before the date of hire will result in losing 100% of all hire fees.
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay.
- In any case, with the exception of events out of our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, with the exception of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not deliver to addresses outside England, Wales or Scotland.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- Damage to Goods in the duration of the booking leaves you liable to a fee up to the full and current retail value of the damaged Goods.
- You do not own the Goods. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right for you to use the Goods, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
DURATION, TERMINATION AND SUSPENSION
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
SUCCESSORS AND OUR SUB-CONTRACTORS
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other properly as soon as reasonably practicable; and
b. the party’s obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) any injuries that have been caused whilst anyone using the Services and Goods is under the influence of alcohol and/or drugs, (iii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution promptly.
Further Hot Tub Hire Agreement Terms
DROP OFF & DELIVERY
- On the day we drop off the hot tub we will set it up with chemicals and a filter while leaving you with spares.
- It is your responsibility to provide a suitable electrical supply, the hot tub cannot be plugged into an extension lead.
- We will begin to fill the hot tub and will get the water level over the sensors so we can demonstrate how to use the controls. We will then leave you to continue filling it up to a suitable level (between the minimum and maximum markers). We recommend checking the water level every half an hour to make sure it doesn’t over flow.
- We will talk you through how to use the hot tub, including the controls, how to change the filters and chemical tablets.
- From cold, the hot tub will usually take around 24hours to heat up fully. This can vary depending on climate and initial water temperature on filling.
- You will be left with a hand pump to inflate the hot tub if needed. This must be returned at the end of the hire.
- Once we leave the site the hot tub and all associated accessories becomes your responsibility.
- The hot tub will also be disinfected.
- When we come to collect the hot tub we will pump the water out into the drain specified. We use a submersible pump to empty the water, this drains the water until there is around an inch depth left. We will have to tip the remaining water where the hot tub is situated.
- We will disinfect the hot tub again.
- We will also collect any unused chemical tablets and/or filters and any accessories left with you.
- We will inspect and check all items when we collect. Charges will apply for any items which are lost and/or damaged.
YOUR RESPONSIBILITY WHEN HIRING THE HOT TUB
- You must provide us with safe access and clear instructions prior to arrival via email. We will not accept any responsibility for any damage or injury caused.
- You must provide details of location of the working electric and water supply close to the set up area and hose with a drain nearby or alternative instructions of where the water is to be drained.
- The power supply must be within 7m of the hot tub. The hot tub cannot be plugged into an extension lead.
- We will need a relatively flat level area to set up on.
- The area must be structurally stable and able to safely support the weight of the filled hot tub and added weight of the people using it.
ACCIDENTS AND INJURY
- As the hirer you accept and acknowledge that you take full responsibility for the use and users of the hot tub at all times.
- SpaNation Ltd will not be liable for any accidents, injuries, illness or death.
- SpaNation Ltd will not be liable for any accidents relating to use of our hot tubs such as wet surfaces causing slip hazards, running or jumping in and around the hot tub.
- SpaNation Ltd prohibits the use of glass items within the hot tub and will not take responsibility for injury caused by glass breakages within or around the hot tub area.
- CHILDREN UNDER THE AGE OF 16 MUST BE SUPERVISED AT ALL TIMES.
- If you’re pregnant, have high blood pressure or any cardiovascular conditions you must seek medical advice before using a hot tub.
HELATH & SAFETY
- You must enter the hot tub with safety in mind at all times, checking the temperature first.
- Do not jump in or out or dive into the hot tub.
- Do not attempt to sit or stand on the outer rim of the hot tub.
- Never enter the hot tub with sharp objects.
- Never use glass or any other breakable items within or near the hot tub.
- Always wear the correct attire when entering the hot tub such as a bathing costume or any swimwear. Never wear shoes or heels as this could cause injury and damage to the hot tub.
- The hirer accepts responsibility for all who use the hot tub that they are in sound medical health. If in doubt please seek medical advice.
- The hirer takes responsibility that users are not impaired by alcohol or drugs.
- The hirer takes responsibility that users are clean when using the hot tub.
- The hirer takes responsibility for making sure the hot tub cover is secured back on the hot tub when not in use. This will not only stop the hot tub losing heat but will help keep the hot tub secure from accidents when not in use.
- If you have booked a gazebo and high winds are forecast we will cancel this element of your booking and deliver the hot tub only. If unforeseen high winds occur during the hire period, you should take down the gazebo and store it in a safe place. Flying gazebos can cause damage and it is your responsibility to act accordingly and take down or secure any equipment should the weather take a turn for the worse.
UPKEEP AND CHEMICALS
- We will provide enough chemicals for the duration of your hire, you must use them to keep the hot tub hygienic.
- The filter must be regularly inspected and cleaned or replaced as required. We will provide a spare filter should you need it.
- It’s really important that everyone is clean when entering the hot tub. All traces of dirt, grease, make up, moisturisers and creams must be removed before using the hot tub.
- When it’s filled with clean water we all want it to stay as clean as humanly possible for both hygiene and unnecessary wear on the pump and hot tub.
- We are sorry to say, but if you use a fake tan you cannot use the hot tub as it will cause lasting discolouration of the hot tub and result in a damages charge.
- If we find the hot tub unreasonably dirty on collection a fee of £25 will be charged.
- DO NOT USE bubble bath or soaps, washing up liquid or any other chemicals within the hot tub. This also means products such a silly string! These chemicals or foreign objects will ruin the pump. If this occurs it will be classed as gross misuse and we will be looking to reclaim the cost of any damage.
DAMAGES TO YOUR PROPERTY
SpaNation Ltd will not be held responsible for any damages to your property through the entire hire period. This includes weight or water damage to any or all structures, fixings & fittings, garden or grass areas. It is your responsibility to make sure that the space provided is fit for purpose.
- On agreeing a delivery/collection time on the given date we will not be held responsible or liable for any delays that are out of our control.
- If a hot tub stops working you must notify us immediately so we can be given the opportunity to identify the problem and resolve it.
- We will not be held responsible for damage to persons or property.
LOST, STOLEN, DAMAGED OR UNCLEAN HOT TUB
- It is you the hirer who is responsible for returning the hot tub in the same condition in which you received it.
- You will be held responsible for a lost, stolen or damaged hot tub whether it’s minor damage or damaged beyond economical repair.
- If you do not willingly pay the costs we will pursue you through the courts.
OUR RIGHT OF ACCESS
I the hirer do hereby give SpaNation Ltd the right to enter the premises or land where they believe the hot tub to be on the agreed date and time of the collection.
By placing an order you the hirer signify acceptance this contract and you agree to release SpaNation Ltd and any of its employees from any and all liability. You the hirer agree to and accept all of the terms and conditions in this agreement and acknowledge that the use of the hot tub is at you the hirers own risk.
Last updated: July 27th 2021