Terms & Conditions
Effective Date: 27 August 2024
These Terms and Conditions (the “Terms”) govern the installation, rent and disassembly of any tent and/or any furniture, heaters, lighting, cabling and other equipment taken on rent by any person or entity (“You”) via bohotents.ee, bohotents.eu or bohotents.com (the “Website”) or otherwise from Boho Tents OÜ, an Estonian company, registry code 16929436 (“Us”, “We”, “Our” or “Boho”) (You and Boho together also the “Parties” and separately a “Party”).
1. ORDER
Together with a booking form for the rent of any tent and/or equipment (the “Booking”), these Terms form an agreement governing the installation, rent and disassembly of such tent and/or equipment (the “Agreement”). The following terms of the Agreement are to be specified in the Booking:
1.1. the particular model of the tents that You are renting from Us (the “Tent”);
1.2. the particular configuration of the Tent, including whether the Tent is rented with or without any particular flooring, with or without any particular side-walls or with or without any other attributes relevant to the Tent and whether the Tent is to be installed with all corners and sides up or some corners and/or sides down (the “Configuration”);
1.3. the particular equipment that You are renting from Us, including any lights, heaters, furniture, plants and/or other equipment (the “Equipment”);
1.4. the start and end date of the rent (the “Rent Period”);
1.5. the fees payable for the installation, rent and disassembly of the Tent and Equipment (the “Fees”);
1.6. the deposit payable by You as security for any loss We may incur as a result of Your use of the Tent and/or Equipment (the “Deposit”);
1.7. the location at which the Tent and Equipment is to be installed (the “Location”).
2. MAKING A BOOKING
You can make a Booking via the Website or via e-mail. In order to make a Booking via the Website, just fill in the booking form on the Website. In order to make a Booking via e-mail, just reach out to us at info@bohotents.ee. The Booking and the Agreement will take effect only if We have sent You a confirmation by e-mail confirming that Your Booking has been accepted (a “Booking Confirmation”) and We have received payment for amounts due before the Rent Period (the “Prepayment”). You can withdraw Your Booking at any time without charge until We have sent You a Booking Confirmation and We have received the Prepayment.
3. CHANGING A BOOKING
If You wish to change any terms of the Booking following the submission of the Booking, then we cannot guarantee that we will be able to facilitate any such changes, but if We do agree to any such changes, then such changes will take effect only after We have confirmed our agreement to such changes and You have confirmed Your agreement to any changes to the Fees (if applicable), in each case, by signing an amended Booking or by giving relevant confirmations by e-mail or in any other form of written messaging.
4. INSTALLATION AND DISASSEMBLY PERIOD
Unless We agree otherwise, provided that the Site meets the requirements set out in Section 5 and the weather meets the requirements set out in Section 6, We shall:
4.1. install the Tent and the Equipment between 08.00 and 15.00 of the first day of the Rent Period (the “Installation Period”); and
4.2. disassemble the Tent and the Equipment between 08.00 and 21.00 of the last day of the Rent Period (the “Disassembly Period”).
5. SITE
You shall procure that, unless We have explicitly agreed otherwise, the area where the Tent is to be installed (the “Site”) complies with the following requirements (the “Site Requirements”):
5.1. the Site is at least the size of the Tent plus an additional 3m on each side;
5.2. the Site is grass or sand;
5.3. the Site is clear of any trees, bushes and any other obstacles;
5.4. the Site is sufficiently level – meaning that the Site does not differ in altitude by more than 50cm;
5.5. the Site does not have any holes or bumps wider than 50cm;
5.6. the Site does not sink, including by reason of being wet;
5.7. there are no cables, pipes or other infrastructure under the Site, unless they are lower than 70cm beneath the Site ground;
5.8. the Site is accessible by a vehicle, including a minivan and a car with a trailer, such that the vehicle can be parked at a spot that is no more than 100m from the Site and the path from the parking spot to the Site is accessible on foot and with a garden cart;
5.9. the Site is available for at least 5 of Our representatives for installing and disassembling the Tent and the Equipment during, respectively, the Installation Period and the Disassemblying Period;
5.10. where the Equipment includes lighting or any other electrical equipment, there must be a single phase power source of at least 240v and 15amp within a maximum of 70m from the Site which is protected with a residual current breaker.
6. SITE INSPECTION
You must ensure that Our representative is able to visit the Location and the Site and inspect the Location and the Site (“Site Inspection”) at such time as We may agree with You. If required by Us, You must ensure that We are able to conduct the Site Inspection at a time that is on a business day, between 08.00 and 20.00 and at least 3 days prior to the Rent Period.
7. WEATHER
You acknowledge that We do not have an obligation to install or disassemble the Tent nor the Equipment if, during, respectively, the Installation Period or the Disassembly Period, the weather at the Site does not meet the following requirements (the “Weather Requirements”):
7.1. the Site must not be exposed to winds exceeding 10m/s;
7.2. the Site must not be exposed to rain in excess of 8mm/h.
8. USE
You must procure that Your use of the Tent and the Equipment meets the following requirements (the “Use Requirements”), unless We have explicitly agreed otherwise:
8.1. the Tent must not be disassembled, the Configuration of the tent must not be changed and the structure and rigging of the Tent must not be otherwise altered in any way;
8.2. no weight may be hanged on or otherwise applied on any of the constructive elements of the Tent, unless such weight is below 1kg at any single point of contact and below 50kg in total;
8.3. no bonfire, barbeque, gas heater or any other sort of live fire or any other sort of fire hazard may be set up inside or near the Tent – except for reasonably sized candles, provided that they are placed at least 50cm from the Tent’s sidewalls and at least 100cm from the tent’s ceiling and provided that the Tent’s floors are protected from candle wax;
8.4. if the Tent is installed with four side-walls, then there must be no smoking inside the Tent;
8.5. where hosting an event or using the Tent or the Equipment at the Site during the Lease Period requires any permit or consent from any third party, there must be a relevant permit and hosting the event and use of the Tent and the Equipment must comply with the relevant permit;
8.6. if required by Us, then You must allow Our representative to visit the Site and inspect usage of the Tent and the Equipment for at least 1h during each day of the Rent Period.
9. NOTICES
If at any time before submitting the Booking or at any time before, during or after the Rent Period, you become aware of any of the following, then You must notify about it in reasonably sufficient detail by, respectively, specifying it in the Booking or notifying us by e-mail:
9.1. the Site does not or will not meet the Site Requirements during the Installation Period;
9.2. the weather at the Site does not or will not meet the Weather Requirements during the Installation Period or the Disassembly Period;
9.3. You intend to or have used the Tent or the Equipment in any way which does not meet the Use Requirements;
9.4. any of the constructive elements of the Tent’s has broken down or fallen out of place;
9.5. the Tent or the Equipment has suffered any damage;
9.6. any part of the Tent or the Equipment has been stolen.
10. LIABILITY
Our liability under the Agreement shall be limited as follows:
10.1. We shall not represent, warrant or guarantee that any particular Configuration is suitable for any particular weather, location or event and we shall not bear any liability in connection thereof;
10.2. We shall not be liable for any loss incurred as a result of or in connection with the Site not meeting the Site Requirements and/or the weather at the Site not meeting the Weather Requirements, in each case, during Installation Period, the Rent Period or the Disassembly Period, including in case, despite the aforesaid, We agree to install the Tent and/or the Equipment, but the Installation or Disassembly Period is delayed or the Tent is installed in a different Configuration;
10.3. We shall not be liable for any loss incurred as a result of use of the Tent and/or the Equipment not meeting the Use Requirements, including in case We have agreed to use of the Tent and/or the Equipment in breach of the Use Requirements;
10.4. We shall not be liable for any loss incurred as a result of the termination of the Agreement by any Party on the grounds set out in Section 12;
10.5. Our liability under this Agreement shall be limited to 100% of the Fees;
10.6. any claims which You may have against Us under this Agreement must be raised within 3 months as of the Rent Period and in writing – otherwise any such claims will be deemed expired and waived.
11. COMMUNICATION
All communication under the Agreement shall be in the English or the Estonian language. All notices and other communication under or in connection with the Agreement shall be deemed to have been duly given or made if sent by e-mail or delivered to the relevant Party’s address. Where any such communication is addressed to Us, such communication shall be deemed to have delivered if it is sent by e-mail to info@bohotents.ee or delivered to J. Vilmsi tn 14-5, 10126 Tallinn, Estonia.
12. TERMINATION
Either Party may terminate the Agreement by sending the other Party a respective e-mail as follows:
12.1. You may terminate the Agreement at any time before the Rent Period without reason, provided however, that in case You terminate the Agreement later than the date that is 14 full days before the Rent Period (i.e. later than the 23.59 on the 15th day from the Rent Period) or any other relevant date specified in the Booking (the “Free Cancellation Date”), then We may charge You the Cancellation Fee stipulated in Section 13;
12.2. We may terminate the Agreement:
12.2.1. at any time until the expiry of the Installation Period, if:
12.2.1.1. the Booking specifies that You must make a Prepayment and You have not made such payment by such date (“Payment Reasons”);
12.2.1.2. it becomes apparent that the Site will not or does not meet the Site Requirements during the Installation Period (the “Site Reasons”);
12.2.1.3. it becomes apparent that the weather at the Site will not or does not meet the Weather Requirements during the Installation Period (“Weather Reasons”);
12.2.2. at any time during the Rent Period, if there has been a breach of the Use Requirements.
13. CANCELLATION FEE
If You or We terminate the Agreement or withdraw from the Agreement, then We shall return You any Fees which You may have paid Us, except that, where You have terminated the Agreement or withdrawn from the Agreement after the Free Cancellation Date or We have terminated the Agreement for Payment Reasons or Site Reasons, where, in case of termination for Site Reasons, You did not specify the relevant Site Reasons in sufficient detail in the Booking or by e-mail before the Free Cancellation Date, We shall, unless the Booking explicitly stipulates otherwise, be entitled to a cancellation fee in the amount of up to the higher of 20% of the Fees or EUR 250 (the “Cancellation Fee”). We shall not have the right to the Cancellation Fee in case We terminate the Agreement for Weather Reasons. The Cancellation Fee is a fee which We charge You for having reserved the Tent and/or the Equipment for You for the Rent Period and it is intended to cover our losses for not being able to rent the Tent and/or the Equipment to third parties during the Rent Period and for having to pay our employees and service providers despite the Tent and/or the Equipment not being installed (or being partly installed and having to be disassembled). If, in accordance with the Agreement, the Cancellation Fee is payable, then it is payable also in cases where You have terminated the Agreement or withdrawn from the Agreement because of or in connection with force majeure, including because of unforeseen general restrictions on public events for health or security reasons, or where You have withdrawn from the Agreement by way of exercising any consumer withdrawal right. We may charge You the Cancellation Fee as a separate payment or set-off, withhold and debit the Cancellation Fee against and from any amounts which we are to return to You in connection with the termination of or withdrawal from the Agreement.
14. PENALTY
If during the Rent Period there has been a breach of the Use Requirements, then, unless the Booking explicitly stipulates otherwise, We will have the right to charge You for a contractual penalty in the amount of up to EUR 200 (the “Penalty for Breach”). Where, as a result of or in connection with the breach, We have suffered damages in excess of the Penalty for Breach, We may also charge You for relevant damages. We may charge You for the Penalty for Breach within a period of up to 3 months as of the expiry of the Rent Period.
15. DEPOSIT
If the Booking stipulates that You are to pay Us a Deposit, then We shall return You the Deposit within 5 business days following the expiry of the Rent Period or the termination of or withdrawal from the Agreement, provided, however, that We shall have the right to set-off, withhold and debit against and from the Deposit any amounts which You owe Us under the Agreement.
16. CONFLICTING TERMS
Where there is any conflict between these Terms and the Booking, the terms stipulated in the Booking shall prevail.
17. FINAL TERMS
Should any of the provisions contained in this Agreement prove to be inconsistent with law or invalid the Parties shall make their best efforts to replace such invalid provision with a valid one closest in the meaning to the original provision. Unless explicitly specified otherwise in these Terms or the Booking (including in Section 3), the Agreement may be changed, amended or modified only by the written agreement of the Parties. This Agreement shall be governed by Estonian law. Any disputes arising out of the Agreement shall be resolved by the negotiations of the Parties. If an agreement is not reached, the dispute shall be settled by the Harju County Court (Harju Maakohus).
18. CONSUMER PROTECTION
If You are a natural person and You have a claim against Us under the Agreement, then You may also seek resolution from the Estonian Consumer Protection Authority. However, because the Agreement is involves scheduled services of transportation and leisure activities, then, in accordance with § 47 subsection 3 subsection 12 of the Estonian Law of Obligations Act (the “LOA”), You do not have the right to withdraw from the Agreement under § 49 subsection 1 of the LOA or any other provision concerning a consumer’s right to withdraw from an agreement.