Please read the terms and conditions (“Terms and Conditions”) set out below carefully
before ordering any Goods or Services from us. By ordering or making payment for any
Goods or Services from us you agree to be bound by these Terms and Conditions.

 


1. Definitions
“Agreement” is a reference to these Terms and Conditions;
“Equipment” means the party related equipment which we may hire to you as detailed on
the invoice and which shall be provided in accordance with these Terms and Conditions;
“Event” means the activity that is planned for a special purpose, for example, a meeting,
party, trade show,, wedding, birthday, baby shower or conference
“Goods” is a reference to any balloons and party related goods which we may offer for
sale from time to time;
“Services” is a reference to the balloon or party related services that we may arrange to
provide you including the hire of Equipment;
“you”, “your” and “yours” are references to you the person ordering Goods or Services or
hiring Equipment from us;
“we”, “us” and “our” are references to us, the business providing the Goods, Equipment or
Services and which is named at the beginning of this document.
2. Booking
2.1 Any contract for the supply of Goods or Services from us is between you and us. You
agree to take particular care when providing us with your details and warrant that these
details are accurate and complete at the time of ordering.
2.2 All reservations made with us are provisional until your deposit or payment has been
received, as specified on the invoice.
2.3 A non-refundable deposit is required in order to secure your booking.
2.4 The invoice will detail all of the Goods or Services to be supplied by us including the
Equipment to be hired by you and the event date. Please check this to ensure that it is
accurate and that it reflects your requirements. You must notify us immediately if you
spot any errors or if the order does not reflect your requirements.
2.5 Any variation to the Goods or Services stated in the invoice must be notified to us as
soon as possible prior to the event date. Any amendments required by you after the
deposit or payment has been made, may incur additional fees or costs and new invoice
will be issued.
2.6 We reserve the right to cancel the booking if full payment has not been received and
funds cleared 4 days prior to the date of the event without any penalty or refund due.

2.7 Our normal balloon products may contain latex. If you or anyone in your party are
allergic to latex, you're likely to have symptoms after touching latex rubber balloon
products. Latex allergy symptoms range from mild to severe. It is your responsibility to
advise us at the time of booking if you require non-latex products.
3. Prices and Payment
3.1 All prices quoted to you are correct at the time of quotation and are valid for 30 days
and we reserve the right to alter our prices after this time. Prices are inclusive of value
added tax, if applicable.
3.2 All invoices must be paid in full 14 days prior to the date of your event specified on
the invoice.
3.3 Cancelled bookings may be subject to cancellation charges which will be set out in the
Clause 6.
3.4 Please note that any changes to bookings must be made in writing and we will use
our reasonable endeavours to accommodate these changes however we cannot
guarantee that we will be able to accept the alteration. Where the change results in an
increase in the overall cost a revised invoice will be issued to you.
3.5 Payment must be made by one of the methods accepted by us as notified to you.
3.6 Failure to pay on time may result in late payment charges which shall be calculated in
accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended)
from the date the payment was originally due until the date of actual payment.
3.7 We reserve the right to charge an administration fee for any late payment notices
which we send to you in the event of your late payment. We also reserve the right to
cancel any discount that we may have offered to you, to alter your payment terms and/or
to suspend or cancel future deliveries in the case of late payment.
3.8 If we are not paid we may instruct a debt collection agency or law firm to collect our
payment (including any interest and/or late payment charges) on our behalf. In such
circumstances you will be liable to pay an additional sum to us which will not exceed the
reasonable costs that we may have to pay the debt collection agency or law firm, who will
add the sum to your outstanding debt on our behalf.
3.9 In the unlikely event that we have to cancel a booking due to reasons beyond our
control, we will do so in writing or by email providing you with as much notice as possible
In the event that we, acting reasonably in our sole discretion, identify a material issue (i)
impacting large areas of the United Kingdom that significantly inhibits our ability to
accommodate the booking on the agreed date, then we shall identify a number of
alternative dates on which the booking can be accommodated, and you shall promptly
identify your preferred option, or (ii) specific to The Balloon Event Company that
significantly inhibits our ability to accommodate the booking on the agreed date, then we
shall make all reasonable endeavours to identify another reputable company that can
accommodate the booking on that date. In either case, we shall not be liable for any
losses directly or indirectly caused by such delay or alternative company.
3.10 We reserve the right to alter our pricing on our literature and website at any time
without prior warning.
4. Equipment Hire
4.1 The hire period for the Equipment is for the period specified on the invoice. The hire
of the Equipment is not covered by the Consumer Credit Act, 1974 as the hire period is
less than 3 months.
4.2 The hire period shall commence and end on the dates specified on the invoice. No
extension to the hire period is permitted without our express written consent and receipt
by us of the appropriate charge.
4.3 Full ownership in the Equipment shall remain fully vested in us at all times. You have
no right, title or interest in the Equipment other than that you are entitled to hire the
Equipment for the hire period.
4.4 You are responsible for the Equipment from the time we deliver the Equipment until
the time you return the Equipment to us or is collected by us. Full risk in the Equipment
shall lie with you during this time.
4.5 You are responsible for ensuring all equipment is stored inside in bad weather (rain,
drizzle, snow, high winds) and overnight.
4.6 You are not permitted to hire, sub-let, sell, lend, or part with possession of the
Equipment at any time.
4.7 Please ensure that the venue has in place adequate insurance to cover the
Equipment against fire, theft, loss or damage at all times during the hire period.
4.8 You hereby indemnify us against any losses, costs, damages or expenses that we may
reasonably incur as a result of your breach of any of these Terms and Conditions.

5. Loss of or Damage to the Equipment
5.1 If the Equipment is returned to us in bad repair, damaged, unclean or defective in any
way then you are liable for any additional costs that we may incur in repairing, cleaning or
replacing the Equipment.
5.2 In the event that any item of Equipment is lost, stolen or damaged beyond economical
repair you are liable to pay us the cost of the replacement items as new. A new invoice
will be raised with immediate payment required.
5.3 All covers and draping fabrics are laundered prior to fitting and any minor accidental
staining is acceptable such as food, drink and shoe marks from guests on the bottom of
the fabric. However, any damage which we reasonably consider to be caused outside of
the above such as staining foodstuffs, standing on covers, tears, rips, ink stains (drawing),
burns, candle wax etc. may result in additional charges for laundering, repair or
replacement.
5.4 In the event of loss or damage, we will notify you in writing of the reasons and an
invoice will be issued to you to cover the cost of the damaged/missing property which
must be paid in accordance with the terms stated on the invoice.
Cancelled between 0 to 7 days prior to the booking – 100% of the invoice total
Cancelled between 8 to 14 days prior to the booking – 80% of the invoice total
Cancelled with 15 or more days prior to the booking – 50% of the invoice total
6. Cancellation Rights for Consumers
6.1 Cancellations (For customers who are purchasing the Goods or Services not in the
course of a business and who are based within the UK only):
If you ordered the Goods or Services off-premises then you have the right to cancel your
order within 14 days without giving any reason. The cancellation period will expire 14
days after the day you placed your order provided that you have not asked us to perform
the Services or deliver the Goods before this date.
To exercise your right to cancel you must notify us immediately preferably by email or by
calling us. You must provide us with a clear statement of your decision to cancel an order.
Please note that you have no right to cancel an order for balloons or hire Equipment
once these have been delivered.
6.2 Effects of Cancellation under clause 6.1:
If you cancel this contract, we will reimburse to you all payments received from you,
including the costs of delivery (except for the supplementary costs arising if you chose a
type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without delay and not later than 14 days after the day
on which we are informed about your decision to cancel this contract.
We will make this reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event you will not
incur any fees as a result of the reimbursement.
6.3 In the event of cancellation by you, we reserve the right to claim for lost revenue,
administration, and design planning costs. All cancellations must be received in writing. In
the event of you cancelling the booking, the following charges will be applied and
inclusive of the deposit
7. Delivery
7.1 The Goods or Equipment will be delivered by us to you on the agreed date and at the
event location specified, as stated on your invoice.
7.2 You must ensure that at the time of agreed delivery of the Goods or Equipment
adequate arrangements, including labour and access where necessary, are in place. We
cannot be held liable for any damage, cost or expense incurred to the Goods, Equipment
or premises where this arises as a result of a failure to provide adequate access or
arrangements for delivery. An extra charge may be made by us where we spend
additional time due to delays with access to the venue.
8. Balloon Displays & Decoration
8.1 Most balloon inflation takes place at the venue. Please ensure that there is sufficient
time allocated for this at the venue and for subsequent decoration to take place. We will
not be held responsible for balloon damage due to rare atmospheric conditions. All
balloon decorations and weights become your property and responsibility upon
completion of the set-up with the exception of decorations that use a balloon frame of
any type.
8.2 Whilst the choice of colours and types of balloon for balloon displays is your
responsibility, we reserve the right to make substitutions in an emergency such as in the
case of a faulty batch of balloons supplied from the manufacturer or unprecedented
shortage of stock.
8.3 Care must be exercised to ensure that all decoration items are safely and securely
disposed. On no account should helium balloons be inhaled or released into the
atmosphere.
8.4 Please note that the Goods supplied are not toys and are not suitable for children to
use unsupervised. Balloons and balloon decorations may cause choking if used
incorrectly. It is your responsibility to ensure that all children are appropriately supervised
when handling all items.
9. Title
9.1 Full title in all Goods and Equipment supplied by us shall remain fully vested in us until
we receive payment in full for all monies owed to us. We shall be entitled to re-take
possession of the Goods and Equipment the event of non-payment and you hereby grant
us a non-revocable licence to enter your premises for the purposes of recovering the
Goods and Equipment.
9.2 Until such time as the property in the Goods and Equipment passes to you, you shall
hold all Goods and Equipment supplied to you as our fiduciary agent and bailee, and shall
keep all of the Goods and Equipment properly stored, protected and insured (against the
risks for which a prudent owner would insure them and hold the policy on trust for us) and
clearly identified as our property. You hereby grant us permission to enter any premises
where the Goods and Equipment may be stored at any time to inspect them.
9.3 Until such time as the property in the Goods and Equipment passes to you, we shall be
entitled at any time to require you to return the Goods and Equipment to us at your cost,
and if you fail to do so forthwith, to enter upon any of your premises or any third party
premises where the Goods and Equipment are stored and repossess the Goods and
Equipment using reasonable force if necessary.
9.4 You shall not be entitled to pledge or in any way charge by way of security for any
indebtedness any of the Goods and Equipment which remain our property, but if you do
so all monies owing by you to us shall (without prejudice to any other right or remedy we
may have) forthwith become due and payable.
9.5 Until such time as you have paid us all monies owing to us, if you become bankrupt or
insolvent, enter into any arrangement with your creditors, or being a company, go into
liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable
opinion, one of the aforementioned events is likely to occur and we notify you of such
belief in writing you will no longer be entitled to use and sell any of our Goods and
Equipment and these must be returned to us immediately at your cost or we shall be
entitled to re-take possession in accordance with Clause 9.3.
11. General
11.1 We may subcontract any part or parts of the Goods, Equipment or Services that we
provide to you from time to time and we may assign or novate any part or parts of our
rights under these Terms and Conditions without your consent or any requirement to
notify you.
11.2 We may alter or vary the Terms and Conditions at any time without notice to you.
11.3 The Terms and Conditions together with the invoice and payment instructions
constitute the entire agreement between you and us. No other terms whether expressed
or implied shall form part of this Agreement. In the event of any conflict between these
Terms and Conditions and any other term or provision on the Website, these Terms and
Conditions shall prevail.
11.4 If any term or condition of our Agreement shall be deemed invalid, illegal or
unenforceable, the parties hereby agree that such term or condition shall be deemed to
be deleted and the remainder of the Agreement shall continue in force without such term
or condition.
11.5 These Terms and Conditions and our Agreement shall be governed by and
construed in accordance with the laws of England and Wales. The parties hereto submit
to the exclusive jurisdiction of the courts of England and Wales.
11.6 No delay or failure on our part to enforce our rights or remedies under the
Agreement shall constitute a waiver on our part of such rights or remedies unless such
waiver is confirmed in writing.
11.7 It is not intended that the undertakings and obligations of the parties set out in this
Agreement shall be for the benefit of and capable of being enforced by any other person
by virtue of the Contracts (Rights of Third Parties) Act 1999.
10. LIMITATION OF LIABILITY
10.1 IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS
LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT SERVICES. WE EXCLUDE
LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE
CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON
OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR
DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
10.2 WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR
OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER
CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR
COMPUTER SYSTEM VIA OUR WEBSITE EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR
NEGLIGENCE.
10.3 WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH
IS OUTSIDE OUR REASONABLE CONTROL SUCH AS THOSE OF THIRD PARTIES.
10.4 WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE,
INCLUDING ANY DIRECT OR INDIRECT LOSS SUCH AS LOSS OF PROFITS, TO YOU
HOWSOEVER ARISING. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL
INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
10.5 WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS,
LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR
LOSS FROM CLAIMS OF THIRD PARTIES ARISING FROM THE GOODS, EQUIPMENT OR
SERVICES PURCHASED FROM US.
10.6 WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING
GOODS, EQUIPMENT OR SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY
ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF
GOD OR THOSE OF THIRD PARTIES.
10.7 WE SHALL NOT BE LIABLE FOR ANY MISREPRESENTATIONS OTHER THAN
FRAUDULENT MISREPRESENTATIONS.