Interpretation
This agreement is between Cabin King and the person or persons listed in section 1 of the cabin hire agreement.
If the Hirer is a business or organisation, i.e. not a person, the person who signs this contract on behalf of the Hirer confirms that they have the required authority to bind the Hirer and will be personally liable for the obligations of the Hirer.
General obligations
The Hirer acknowledges that they have the required authority for the cabin to be placed on the designated property.
The Hirer does not need to renew this agreement at the end of the minimum hire period. The Hirer is required to give Cabin King 14 days notice of their intention to return the cabin, whether before or after the agreed rental period.
The Hirer acknowledges that placement of a Cabin King Cabin on a property, and/or the use of a Cabin King Cabin for some activities may require the consent of a local authority. The Hirer acknowledges that it is their responsibility to obtain any required consent and meeting all the costs involved in obtaining such consent.
The Hirer acknowledges that at the time of delivery the Cabin was in a good, clean and undamaged condition and the Hirer was issued with at least one key to the door, and electric power lead, carpet, curtain rails and curtains.
The Hirer shall take proper and reasonable care of the Cabin and ensure that (except for fair wear and tear) it is in a good, clean and undamaged condition when returned. The hirer acknowledges that they are responsible for making good any damage and that the cost of any damage may be taken from any rent paid in advance by the Hirer.
The Hirer shall not make any structural or decorative changes to the Cabin, If any structural or decorative changes are made, the cost of returning these changes to the Cabins original condition will be met by the Hirer.
The Hirer is responsible for repairing any damage to the Cabin. This includes replacing any cracked or broken glass, repairing the door handle, window catches and locks, replacing inoperable light bulbs, smoke alarms, damaged curtains or carpet and returning the key, the electric power lead to Cabin King.
No animals, explosives, or any other dangerous goods are permitted in the Cabin.
There is no smoking in the Cabin. Naked flames are prohibited in the Cabin, including candles, electric bar heaters, gas heaters and similar appliances. The Hirer is libel for any damage caused by these prohibited activities.
The Hirer shall immediately notify Cabin King of any damage caused to the Cabin.
Minimum hire period
Unless stated on the reverse side of this agreement the minimum hire period is six months. Shorter hire terms can be negotiated at a higher rental price at the discretion of Cabin King.
Should the Hirer end this contract and return the cabin before the end of the minimum six month hire period, the Hirer shall pay a surcharge calculated at one-third of the hire fee for the entire period remaining of the hire period or the difference between the agreed cabin rental and the equivalent rental rate for the period that the cabin was actually used.
Charges
In addition to any delivery fee that may apply, rental payments will be made by automatic bank transfer organised by the Hirer.
The Hirer shall make payments to Cabin King at the time of delivery on the following basis:
Weekly payers shall pay four weeks rent in advance. Subsequent payments shall be made on an agreed day one week after delivery and then on that day every week for the duration of the hire period.
Fortnightly payers, unless otherwise agreed, shall make an additional initial payment for any extra days until the first fortnightly payment will begin so that they are at least three weeks in advance at the time of each regular fortnightly pay period.
Monthly payers shall make an additional initial payment for the remaining days until the next 20th of the month. Subsequent payments shall be made in advance on the 20th day of each month for the duration of the hire period, or as agreed.
Hire rate adjustment
Price increases cannot occur during the first six months of hire. After this six month period, Cabin King can adjust the hire rate by giving the Hirer 28 days notice of the rate change.
Payment of default interest.
Without prejudice to Cabin King's other remedies hereunder or at law or otherwise the Hirer will pay default interest at Cabin King's current overdraft interest rate (as certified by Cabin King's bank) plus two percent (2%) on a day to day basis on all outstanding amounts until all money has been paid in full.
Debt Collection Clause
If at the end of the tenancy there is any money owing by the Hirer, then the hirer agrees that the hirer will be liable for and pay for all costs involved in pursuing the debt. Costs payable by the hirer include Cabin King's contracted collection agency costs, legal fees, commissions, fees and disbursements, and /or court filing fees and disbursements.
Delivery and Removal
The Hirer shall pay the stated Cabin King delivery fee, as specified on the reverse side of this agreement, for the delivery and removal of a Cabin. This fee shall be paid at the time of the first payment.
If a hiab crane or any additional costs are required in delivering the Cabin, this will be the responsibility of the Hirer. If a Hiab is required, the Hirer will pay Cabin King the equivalent Hiab delivery charge for Cabin King to hold and use for the Hiab removal cost.
If Cabin King organises the Hiab delivery/removal on behalf of the Hirer, the Hirer acknowledges that the agreement is between the Hirer and the Hiab company and that Cabin King is not responsible for any damage caused by the Hiab company. Cabin King may require the Hirer to sign a Hiab delivery form to confirm this.
The Hirer indemnifies Cabin King against any cost, claim, damage expense incurred or action against Cabin King arising from Cabin King delivering or removing the cabin.
Owner's right to cancel
If Cabin King believes the Cabin is at risk of damage or the the Hirer is unable or unwilling to pay any hire charge, Cabin King may take whatever action Cabin King considers necessary to retake possession of the Cabin. accordingly, the Hirer grants Cabin King irrevocable right and authority to enter at any time on to any property or place where the Cabin is situated or thought to be situated and to remove the Cabin.
Cabin King shall retain the right to enter the Cabin for the purpose of security or removing the Cabin. Prior to removing the Cabin, Cabin King will give notice to the Hirer of Cabin King's intention. Notice will comprise a letter, txt or email to the hirer at the contact details as stated on the reverse side of this contract and sent or posted not less than seven days prior to the removal of the Cabin.
No assignment
This contract relates to the Hirer. The Hirer cannot assignment this agreement to another person either in whole or in part without the express permission of Cabin King.
Hirer shall indemnify Owner
The Hirer shall indemnify and continue to indemnify Cabin King in respect of any claim, action, damage, expense or cost (including full solicitor/client costs) incurred or threatened as a result of Cabin King exercising the powers of this agreement or otherwise acting to recover the Cabin or monies payable by the Hirer pursuant to this contract.
Limitation of Liability
On return of the cabin, all items shall be removed from the cabin. Any item(s) removed from the cabin by Cabin King at the time the cabin is collected shall be placed nearby the site where the Cabin was situated. The Hirer acknowledges that in no circumstances whatsoever shall Cabin King be liable for any theft or consequential damage, loss or any expense whatsoever and howsoever arising and whether suffered by the Hirer and/or any third party, of any items removed from the Cabin.
Insurance
The Hirer is responsible for insuring the possessions that they keep in their Cabin.
The Hirer is responsible for insuring themselves for any damage they cause to the Cabin, including total destruction of the Cabin.
Cabin King will insure the cabin for acts of god that damage the Cabin, including weather events and earthquakes.
Rights of entry
Cabin King shall enter the property to inspect, maintain or repair the cabin only with the Hirers consent, in an emergency situation or by giving 48 hours' notice to the Hirer.
