Effective date: [08/02/2026]

Business: Ember & Phoenix is a trading name of Delite Event Creations UK Limited (Company No. 15948532), registered in England and Wales with its registered office at Oakview Trading Estate, Lombard Street, Horton Kirby, Dartford, DA4 9DF. The terms “we”, “us” and “our” refer to Delite Event Creations UK Limited trading as Ember & Phoenix.

Customer: the person placing the order (“you”, “your”)

This Damage Waiver Policy forms part of our Terms and Conditions of Hire. By placing an order you confirm you have read and agree to this Policy.

1) Purpose and nature of the Damage Waiver

1.1. All hires are subject to a mandatory Damage Waiver (“Waiver”). The Waiver is a non-refundable fee charged per order.
1.2. The Waiver is not a deposit, and it is not an insurance policy. It is a limited waiver of certain charges for accidental damage only, subject to the exclusions and limits set out below.
1.3. You remain responsible for all hired items while they are in your possession, custody or control, including where items are handled by your guests, venue staff, or third parties.

2) Calculation of the Waiver

2.1. The Waiver is charged at 10% of the hire subtotal (rental charges for items only). Delivery/collection, setup, labour, and other service charges are excluded from the hire subtotal unless we state otherwise at checkout.
2.2. A minimum Waiver of £12 per order applies.

3) Excess

3.1. All Waiver claims are subject to a fixed excess of £50 per order (“Excess”).
3.2. The Excess is payable by you in all cases where a claim is made under the Waiver.

4) What is covered

4.1. Subject to this Policy, the Waiver may apply to accidental damage occurring during the hire period, including reasonable costs of cleaning and/or repair associated with such damage.
4.2. Examples of potentially covered accidental damage include minor scuffs, scratches, chips, and minor stains where cleaning is possible.

5) Coverage limit

5.1. Where the Waiver applies, we will waive covered accidental damage charges in excess of the £50 Excess, up to a maximum amount equal to 1× your hire subtotal, capped at £300 per order (“Coverage Limit”).
5.2. Any chargeable amounts that exceed the Coverage Limit remain payable by you.

Worked example (illustrative only):
Hire subtotal £150 → Coverage Limit £150 (cap not reached).
Accidental damage assessed at £260 → you pay £50 Excess + £60 above the Coverage Limit. We waive up to £150.

6) Exclusions (not covered)

The Waiver does not apply to, and you will be liable for, all costs relating to:

6.1. Loss, theft, disappearance, or missing items/parts, including partial loss (e.g., missing components, accessories, or sets returned incomplete).
6.2. Deliberate damage, vandalism, or reckless conduct.
6.3. Misuse, negligence, or failure to follow care instructions, including use outside agreed conditions (e.g., outdoor use where an item is indoor-only).
6.4. Burns, heat damage, candle wax flooding, smoke damage, or chemical damage.
6.5. Water damage or liquid ingress, including to electrical items.
6.6. Major or structural damage, including any damage that renders an item unsafe, unusable, or not fit for hire.
6.7. Damage arising from failure to provide reasonable supervision or security of hired items.

For excluded events, you will be charged the full applicable costs, including replacement cost where relevant.

7) Assessment, repair, cleaning, and replacement

7.1. We will assess the condition of items on return/collection. We may document condition at dispatch/delivery and on return using photos or video.
7.2. Where an item is damaged, we may determine (acting reasonably) whether it is suitable for cleaning/repair or must be replaced.
7.3. Charges may include reasonable costs of cleaning, repair, and/or replacement, and may include reasonable administration, sourcing, and logistics costs associated with making items hire-ready again.
7.4. For missing, stolen, or unrepairable items, you will be charged replacement cost (not the hire fee). If an item is discontinued, replacement cost will be based on the closest available equivalent.

8) Deposits and how amounts are collected

8.1. Certain items may require a separate refundable security deposit.
8.2. If any sums are payable by you (including the £50 Excess and any amounts exceeding the Coverage Limit), we will apply those sums in the following order:
a) first, by retaining amounts from your refundable security deposit /refundable deposit paid at checkout and
b) second, if the deposit is insufficient, the remaining balance becomes payable by you.
8.3. Any unused portion of the security deposit will be refunded following inspection and confirmation of return in acceptable condition.

9) Reporting issues on delivery

9.1. You must inspect items on delivery (or as soon as reasonably practicable) and notify us immediately of any issues. Failure to do so may affect our ability to verify pre-existing damage.

10) General

10.1. We may amend this Policy from time to time. The version in force at the time you place your order will apply.
10.2. If any provision of this Policy is found unenforceable, the remainder shall remain in full force.
10.3. This Policy is governed by the laws of [England and Wales], and the courts of [England and Wales] shall have exclusive jurisdiction, subject to any mandatory consumer rights.