1. These Terms and Conditions form the basis of a legally binding contract between you (the “Hirer”) and The Bubba Hub (the “Owner”) and apply to your hire of equipment from us. Owner and Hirer are thus collectively referred to as “Parties”. “Equipment’’ or “Item(s)’’ refers to any and all items supplied by The Bubba Hub LTD and hired by you subject to these Terms and Conditions. “Hire Period” means the first day of the Hire Period and ends at the time the equipment is returned in a working, undamaged condition on the final day of the Hire Period. Please ensure you read and understand these Terms prior to placing your order. Placing an order signifies your consent to these Terms and Conditions and you agree to be legally bound by them and any additional terms or conditions, rules or instructions contained in electronic correspondence between yourself and The Bubba Hub LTD
2. Ownership
2.1 All equipment is and will always remain the property of the Owner.
3. Hire Start Date
3.1 Hire Start Date is the first day of hire and the day hired items will be delivered to you.
3.2 Delivery times will be agreed in advance between the Owner and Hirer between the hours of 9am & 5pm, an additional charge may apply for bank holiday delivery.
4. Hire End Date
4.1 Hire End Date is the last day of hire when hire items will be collected from you.
4.2 Birth Pools maybe collected before the initial hire period end date, once no longer required.
4.3 Collection times will be agreed in advance between the Owner and Hirer between the hours of 9am & 5pm, an additional charge may apply for bank holiday collection
5. Rent and Deposit
5.1 The Hirer agrees to pay:
5.1.1 The agreed full hire cost at the point of booking and prior to taking possession of the equipment
5.1.2 A deposit on the day of delivery prior to taking possession of the equipment. The Owner will refund the deposit to the Hirer at the end of term providing that the hirer has performed all of the Hirers obligations under this agreement
5.1.3 Charges for delivery & collection, if applicable
5.1.4 Charges for hire extensions
5.1.5 Full costs associated with loss, theft, destruction, damage, diminution of the equipment’s value caused by damage, repair and loss of use of the equipment
5.1.6 Late returns: for equipment not returned on the agreed hire end date, a £25 late fee will be charged each day the equipment is not returned unless an extension has been agreed in advance between the Owner and Hirer
5.1.7 In the event of non-return, all costs associated with locating and recovering the equipment or failing this, the cost of replacing the equipment at the current recommended retail price
5.2 Birth pools can be reserved from 32 weeks EDD at which point a £30 deposit is required.
5.2.1 The remaining balance for birth pool hire will be due at 35 weeks EDD
6. Confirmation of Order
6.1 Upon receipt of the order, we will confirm the booking by email. This confirmation should be checked thoroughly by the Hirer and any errors, omissions or queries sent to us within 24 hours of receiving the booking confirmation. If we receive no such notification we will assume the details of the confirmation are correct and delivery will be booked as agreed.
7. Hire extensions
7.1 Depending on availability, the Hirer may extend the period of the hire and the charge for this is due before the commencement of the hire or on the date of the extension. If an extension is not available then the Hirer agrees to return the equipment per the original hire period. Extended hire periods are charged at the normal daily rate.
8. Availability
8.1 Hire is subject to availability.
8.2 Colours may vary depending to those shown depending on availability
8.3 Should the items booked not be available a suitable alternative will be provided, where possible.
9. Delivery
9.1 Proof of identification must be provided upon collection of the equipment and must include a photo ID and proof of address e.g. driving licence or passport and recent utility bill. Failure to provide this will not result in any form of refund.
9.2 Delivery across postcodes BH1 – BH24 will be made by The Bubba Hub
9.2.1 Delivery via the Bubba Hub LTD is currently available 7 days per week between 9am and 5pm excluding bank holidays.
9.2.2 Deliveries to BH1 - BH17 will incur a fee of £10
9.2.3 Deliveries to BH18 - BH24 will incur a fee of £15
9.2.4 The Bubba Hub LTD will deliver the items within a two hour window, one hour either side of the selected time
9.3 A courier fee will be applied for postcodes outside of postcodes BH1 – BH24, these fees will be applied at the best rates available to us by the courier service.
9.3.1 Delivery via courier is available Monday - Friday only
9.3.2 Delivery times by courier may fall outside of 8am – 8pm
9.4 Bank holiday delivery may incur an additional cost
9.6 Express delivery options may be available at an additional cost
9.7 The Bubba Hub LTD are not liable for any delivery delays caused by our third party delivery provider.
9.8 It is the Hirer’s responsibility to ensure that the address provided is correct and if delivery or collection of the hire equipment is frustrated (for example, if the Hirer or representative is not at the delivery point when agreed, or if the Hirer or representative is not ready to take delivery at the time advised to us, or if we cannot gain access to the delivery point), then we reserve the right to charge a re delivery or recollection fee.
10. Returns
10.1 Equipment remains on hire, and therefore chargeable, until it is returned.
10.2 It is the responsibility of the Hirer to ensure the equipment is available for collection/return at the end of the Hire Term at the agreed location.
10.3 Return instructions will be confirmed via email to the Hirer and the equipment must be returned to the Owner on the last day of the Hire Period (or earlier by agreement).
10.4 Any equipment returned late will incur a daily rental charge of £25 (with the first day taking effect the day after the original return date as stated in the order confirmation.)
10.5 If equipment is not returned, the Owner reserves the right to take any and all necessary actions to locate, recover and regain possession of the equipment. This includes but is not limited to law enforcement and legal proceedings.
10.6 Items returned early for any reason are not eligible for a refund for unused time.
10.7 Local returns may be made on the last day of the Hire Period at a time convenient to both parties at the Owner’s premises.
11. Cancellations
11.1 If the Supplier is unable to deliver or provide the Equipment, then it may cancel the Hirer’s order (even if it has been accepted) by written notice to the Hirer. No purported cancellation or suspension of an order or any part of it by the Hirer is binding on the Supplier once the order has been accepted. A full refund would be provided
11.2 Cancellations by the Hirer must be in writing or electronic means, then cancellation policy applies:
11.3. Non-use of the hired Pool is entirely at the discretion of the Client and no refund will apply, unless the booking is cancelled prior to the start date.
12. Equipment- Provision
12.1 The Owner will provide all equipment in clean, good working order and undamaged at the beginning of the Hire Term.
12.2 The Owner’s safety and sanitisation procedures begins with a rigorous quality assurance inspection and documentation of each item between every hire to ensure it functions safely and per the manufacturers specifications. Items that do not meet these specifications are removed from our inventory and repaired or replaced as needed.
12.3 Items are cleaned per the manufacturer’s specifications between every rental. We use a variety of cleaning products and materials that are child safe, eco-friendly and less harmful to the environment.
13. Equipment Check at Delivery
13.1 The Owner will deliver the equipment with a full condition report including and visible wear and tear supported by photographic evidence.
13.2 The Hirer is responsible for checking the condition report and ensuring that they are satisfied with the condition of the equipment delivered. If there are any discrepancies with the condition report, missing items or if there is any visible damage to the equipment, the Hirer should inform us within 12 hours of receipt.
13.3 We will use all reasonable endeavours to replace missing items or damaged equipment. If we are unable to replace or repair the equipment, we will offer a refund equal to the remaining, unused part of the Hire Period. Any refund due will be made within 7 calendar days from the date on which we agree that the Hirer is entitled to a refund. Refunds will be made using the original payment method.
14. Equipment – Due Care
14.1 The owner will ensure that’s All equipment will be delivered with manufactures instructions
14.2 The Hirer is responsible for reading the manufacturer’s instructions carefully prior to using the equipment and for complying with these instructions whilst using the equipment.
14.3 The Hirer is responsible for ensuring that it is used in a safe and sensible manner, used only for the purpose for which it is supplied and in accordance with the manufacturer’s instructions.
14.4 The Hirer has full responsibility for the care and safekeeping of the equipment and will retain it in their possession and under their control at all times.
14.5 It is the Hirer’s responsibility to provide adequate supervision where appropriate.
14.6 The Hirer must not use or store the equipment in a manner likely to cause or inflict damage to the equipment.
14.7 Car seats will be fitted by a qualified advisor, however, it remains the driver’s responsibility to ensure the safe carriage of all passengers. Any damages, losses or harm caused by the incorrect fitting of a child seat are your full liability.
14.8 Birth Pools - The success of a water birth is neither guaranteed or implied.
14.9 The Bubba Hub is not responsible or liable for any injury, damage or death caused by the birth pools or accessories included with the hire. On the hand over of the goods, the liability then falls on the Client to read all instructions and use all the accessories correctly. The midwife in attendance of the birth is responsible for the liability of care.
14.10 The liability for design and manufacturing defect is with The Good Birth Company/Edel Immersys.
15. Damage
15.1 The equipment should be returned in a similar condition to when it was delivered at the start of the hire except for normal wear and tear. The Hirer is not responsible for any pre-existing damage to the equipment that has already been identified. The equipment will remain the responsibility of the Hirer until returned in full working order to the Owner’s premises.
15.2 If during the course of the Hire Period equipment becomes faulty or stops working properly so that is not safe to use or is damaged, please discontinue use and report the problem to the Owner
15.3 Where damage has occurred during the Hire Period, the Hirer is responsible and agrees to pay the cost of repairing any and all damaged parts or the cost of replacing all damaged parts whichever is most economical, including labour, materials, parts, VAT, and delivery charges to and from the repair establishment plus any administrative costs for processing legal claims and associated expenses so that the equipment is returned in full working order.
15.4 Where the equipment is damaged beyond repair, the Hirer will pay for the full replacement cost of the equipment at the current recommended retail price. The Hirer agrees to pay any diminution of the equipment’s value caused by damage.
15.5 The Hirer is responsible for any damage incurred in transit due to the items being incorrectly or inadequately packaged by the Hirer.
16. Repair
16.1 Under no circumstance should the Hirer repair, attempt to repair, service or replace any parts on the equipment unless authorised by the Owner.
17. Loss
17.1 The Hirer will immediately inform the Owner of any loss, destruction or theft of the equipment and will pay the Owner on demand, the full replacement cost of equipment at the current recommended retail prices.
17.2 The Hirer also agrees to pay the Owner for loss of use of this equipment.
17.3 Hire fees will continue to be billed to the Hirer at the quoted daily rate until such time as the Owner is fully reimbursed with the value of the goods as per this schedule.
18. Non-return of equipment
18.1 If equipment is not returned, the Owner reserves the right to take any and all necessary actions (including law enforcement and legal action) to locate, recover and regain possession of the equipment.
18.2 If recovery of the equipment is not possible, the Hirer will be responsible and agrees to pay for the cost of replacing the equipment at their current recommended retail price.
18.3 If the Hirer breaches the Terms of this Agreement by not returning the hired equipment or not paying for the cost of replacing the equipment, the Owner reserves the right to take any and all measures necessary (including lawfully entering upon the Hirer’s premises and repossessing the equipment or otherwise) to terminate this agreement at any time. Any expense incurred by the Owner in the recovery of the equipment or any fees or expenses payable by the Hirer under this contract shall be payable in full by the Hirer with interest from the date incurred or due until payment at a daily rate equivalent to 4% above the Base Rate of the Bank of England over the equivalent period. Payment of any lesser sum than the amount due shall not discharge the Hirers obligations under this agreement.
19. Insurance
19.1 The Hirer must obtain adequate insurance equal to the value of the equipment hired to cover loss or damage for the full value of the equipment.
19.2 The Bubba Hub is not responsible or liable for any injury, damage or death caused by the birth pools or accessories included with the hire. On the hand over of the goods, the liability then falls on the Client to read all instructions and use all the accessories correctly. The midwife in attendance of the birth is responsible for the liability of care.
19.3 The liability for design and manufacturing defect is with The Good Birth Company/Edel Immersys.
20. Assignment
20.1 The Hirer may not sublease, loan or lend the equipment to any person or party.
20.2 Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties.
21. Termination
21.1 This agreement will terminate on the date the booking end date
21.2 The Owner shall be entitled at any time, if the Hirer is in breach of contract, to terminate this contract (such termination to be effective immediately) and to repossess the equipment or any part thereof.
21.3 On any termination of this Agreement the Hirer will immediately pay to the Owner:
22. Indemnification and Liability
22.1 The Owner accepts no liability for the loss, damage, injury or death to any person arising in connection with the possession, operation or use by the Hirer or other persons of the equipment including without prejudice the failure of the equipment.
22.2 The Owner shall not, under any circumstance, be liable for any consequential, exemplary, special, incidental or punitive damages claimed by any Party under the terms of or due to any Breach of this Agreement.
22.3 The Hirer indemnifies the Owner for any loss or damage which may occur to the equipment (including legal costs) in relation to any breach of this agreement by the Hirer.
22.4 The Hirer, indemnifies, defends and holds harmless the Owner from and against any claims, demands, losses, damages, punitive damages, costs, expenses, liabilities, causes of action, judgements of any kind or character including, without limitation, any interest, penalty, reasonable legal fees and other costs and expense incurred in connection or with the defence of all liabilities and obligations or alleged or threatened liabilities and obligations caused by, related to, attributable to or arising out of the operation and use of the equipment by the Hirer including any property damage or personal injury, except to the extent caused by Owner’s gross negligence or wilful misconduct.
22.5 The provisions of this clause shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. Subject to the provisions of the Unfair Contract Terms Act 1977 (as amended) the Owner is not responsible for any direct or indirect damage, injury, loss, claim, cost or expenses (including inconsequential loss) incurred by the Hirer or any other person arising out of the Hirer’s, or any other persons use of the equipment.
22.6 The Hirer will be liable for any breach of this Agreement.
22.7 The Bubba Hub is not responsible or liable for any injury, damage or death caused by the birth pools or accessories included with the hire. On the hand over of the goods, the liability then falls on the Client to read all instructions and use all the accessories correctly. The midwife in attendance of the birth is responsible for the liability of care.
22.8The liability for design and manufacturing defect is with The Good Birth Company/Edel Immersys.
23. Waiver
23.1 No waiver of any breach of any term or provision of this Agreement shall be binding unless in writing and signed by the party waiving the breach.
23.2 The failure to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Agreement.
23.3 The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.
24. Severability
24.1 Should any provision of this Agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; the remaining provisions of this Agreement shall be unaffected and shall continue to be valid and enforceable.
25. Entire Agreement
25.1 This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
25.2 No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the change is to be asserted.
26. Governing Law
26.1 The parties to this Agreement irrevocably agree that the courts of England shall have the non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement and that accordingly any proceedings may be brought in such courts.
27. Amendments to Terms and Conditions
27.1 The Owner reserves the right to amend these terms and conditions at any time.
27.2 Amendments will be effective immediately upon notification on this website.
27.3 The Hirer’s continued use of the website will represent an agreement by the Hirer to be bound by the Terms and Conditions as amended.
28. Disclaimer
28.1 Whilst every precaution has been taken in the preparation of this document the publisher assumes no responsibility for errors and omissions.
28.2 Neither is any liability assumed for damage resulting from the use of the information contained within this document.
29. Contact Details
If you have any queries please contact The Bubba Hub Ltd
Email: Enquiries@thebubbahub.com
Tel: 01202 939815
Defamation & Libel
A defamatory statement is one which is false and causes damage to a person or businesses reputation or otherwise does harm. Libel is the term given to defamation in a permanent form, such as print. We strive to ensure ALL of our customers are happy with their rental experience. If for any reason you are unhappy with an aspect of our service we ask you come to us first so we can resolve the issue in a timely manner. We take any false statements or accounts regarding The Bubba Hub LTDseriously and will pursue any slanderous comments via the court of law. Please see our Google reviews to be assured of our customer satisfaction, these are reviews that cannot be edited or removed by The Bubba Hub LTD
