User Terms & Conditions

Introduction

Thank you for using Enni!

The Enni Platform offers an online platform that enables users (“Users”) to publish, offer, search for, and book facilities.

As the provider of the Enni Platform, Enni does not own, control, offer or manage any Listings. Enni is not a party to the contracts entered into directly between Operators and Hirers, nor is Enni a real estate broker, travel agency, insurer or an organiser or retailer of any other services.

Enni is not acting as an agent in any capacity for any User, except for the purposes of payments processing.

These Terms of Service (“Terms”) are a binding legal agreement between you and Enni that govern your right to use the websites, applications, and other offerings from Enni (collectively, the “Enni Platform”).

0. Definitions

In these terms and conditions, the following expressions have the following meanings:

We/Us: Enni Online Ltd (company number: 12684982) whose registered office address is 26 Minford Gardens, London, W14 0AN
Operator: A person or other legal entity that operates a Venue, and which hires one or more Facilities to Users for them to carry out a specified Activity
Hirer: A person or other legal entity that hires a facility from an Operator in order to carry out a specified Activity there.
User: Both Operators and Hirers, collectively.
Guest: Anyone explicitly or implicitly invited by a Hirer into a Venue, whether or not they are taking part in the booked Activity
Venue: A location with a postal address comprising one or more Facilities available for hire, managed by an Operator
Facility: A defined physical space within a Venue that can be exclusively hired by a User. A facility may be indoors or outdoors.
Activity: The use to which a Facility is put by a User and their Guests during a Booking
Booking: A contract between an Operator and a User for the hire of a Facility for an Activity
Booking Request: An online submission made by a User to another User requesting a booking

1. Searching and Booking on Enni

1.1 Searching.

Hirers can search for facilities by using criteria like the facility type, activity type, location and price. Hirers can also use filters to refine search results.

1.2 Making A Booking.

When the Hirer books a Facility, the Hirer is agreeing to pay all charges for the booking comprising the hire price, the booking fee, and VAT.

When the Hirer receives the Booking confirmation, a contract for hire (a "Booking") is formed directly between the Hirer and the Operator.

Once the booking is made, both Hirer and Operator become subject to, and responsible for complying with, all terms of the Booking. It is the Users’ responsibility to read and understand these terms.

1.3 Booking Details

The booking details cover:

the activity
the number of people the Hirer will bring on site
the presence of any children (<18)
food and drink consumption
footwear worn
equipment used
services requested
fire control restrictions

It is the Hirer’s responsibility to ensure that the booking is consistent with booking details that the Hirer has submitted.

Any variation from these details renders the Booking void and entitles the Operator to terminate the booking immediately and without notice.

2. Licence To Use

2.1 License Details

The Booking grants the Hirer a limited license to enter, occupy and use the Facility. The Operator retains the right to re-enter the Facility at any time during the Booking.

The Operator has the right to require the User and/or all or any Guests to leave the Venue at any time in a manner consistent with applicable law.

2.2 No Tenancy

The license granted under these Ts & Cs is not intended to create the relationship of landlord and tenant.

The Hirer is not entitled to a tenancy, or an assured shorthold or assured tenancy, or any statutory protection under the Housing Act 1988 or under the Landlord and Tenant Act 1954 or any other statutory security of tenure now or when the Booking ends.

3. Hirer Obligations

3.1 Hirer’s Positive Obligations

The Hirer shall co-operate with the Operator in all matters relating to the Booking, including obeying all of the Operator’s reasonable instructions and requests.

The Hirer shall be solely responsible and liable for their Guests. Hirer and Guests shall only be permitted entry and access to the Facilities during the Booking Period.

The Operator reserves the right to refuse any person entry to the booked facility and to require them to leave, such right to be used reasonably and in a non-discriminatory manner.

If the performance of an Operator’s obligations under these Ts& Cs is prevented or delayed by any act or omission of the Hirer or Guests, the Operator shall not be liable for any costs, charges or losses sustained or incurred by the User arising directly or indirectly from such prevention or delay.

The User may only bring equipment, furniture and vehicles onto the Operator’s premises where this has been specified in the Booking. The User must remove them at the end of each Hire Period.

The Hirer agrees that the Hirer and Guests shall treat the Venue and its Facilities with respect and shall pay the full cost of any cleaning, reinstatement, repair or replacement to the Operator’s reasonable satisfaction in the event of issues, damage or loss caused by the Hirer’s use of the facilities.

The Hirer shall ensure that the Facilities are left at the end of the Booking in the same condition as that in which they were found at the beginning of the Hire Period.

3.2 Hirer’s Negative Obligations

Whilst at the Venue, The Hirer and Guests shall not:

do anything dangerous, offensive, noxious, illegal, immoral or which is or may become a nuisance
do anything which may invalidate any insurance maintained by the Venue
do anything that supports extremist ideologies or promotes hatred
do anything to damage the Venue’s reputation or to bring it into disrepute
make any alterations or attachments or additions to the Venue or the Facilities, without the Operator’s prior consent by email
smoke, or consume food or drink unless this is explicitly contracted for in your Booking details
prevent Operator access to the Facilities

4. Operator Obligations

4.1 Use of Platform

Enni offers Operators the right to use the Enni Platform to share Facilities with Hirers.

4.2 Contracting with Hirers

When an Operator accepts a booking request, or receives a Booking confirmation through the Enni Platform, the Operator is entering into a contract directly with the Hirer and is responsible for providing the Facility under the terms and at the price specified in the Booking.

The Operator agrees to pay the Enni Service Charge for each booking.

Enni will deduct amounts the Service Charge from the Operator payout.

4.3 Independence of Operators.

The Operator’s relationship with Enni is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Enni, except that Enni acts as a payment collection agent as described in the Payments Terms.

Enni does not direct or control the Operator, and the Operator understands that is has complete discretion whether and when to provide Facilities and at what price and other details to offer.

4.4 Creating and Managing A Listing.

The Enni Platform provides tools that make it easy for the Operator to set up and manage a Venue and the Facilities within it. The listing must include complete and accurate information about the Facility, price, any rules or requirements that apply to Hirers.

The Operator is responsible for their own acts and omissions as well as for keeping the Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times.

4.5 Auto Acceptance

Enni Online Ltd provides Operators with the option of accepting certain bookings automatically without requiring manual intervention.

It is the Operator’s entire responsibility to set auto-acceptance at the level appropriate for their Venue and Facilities.

4.6 Compliance With Local Legal Obligations.

Operators are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to their Listing or Facilities. For example, planning restrictions may affect the times at which some Facilities can be used.

Operators are responsible for handling and using personal data of Hirers and others in compliance with applicable privacy laws. If Operators have questions about how local laws apply they should always seek legal advice.

4.7 Off Platform Arrangements

Operators may not collect any additional fees or charges outside the Enni Platform for Facilities listed in this Platform.

4.8 Tax

Operators are responsible for reporting and paying VAT generated by the hire of facilities to the tax authorities.

Enni assists Operators in this responsibility:

Enni assesses whether or not VAT is applicable in every booking, and applies it directly to the booking price paid by the customer
Enni payouts to Operators are inclusive of all VAT generated by the bookings
Operators may view the exact amount of VAT generated in the “My Payments” section of the Operator pages. The VAT amount displayed here is the quantity to be declared and paid to HMRC

Enni takes no responsibility for any other taxes that may be incurred by operators as a result of bookings, for instance corporation tax. Operators are responsible for ensuring they are adequately advised and are compliant with their tax obligations.

5. Payments, Cancellations, Terminations, Refunds and Booking Modifications

5.1 Payments

Payments for Bookings are taken in advance.

A Hirer may pay in advance for all Bookings in a Booking Request by card or by direct debit

For a series of Bookings that run for more than 5 weeks, Hirers may choose to pay by monthly instalments. Instalments are only available via direct debit.

Monthly instalments are charged 5-10 days before the month starts.

5.2 Non-Payment

If a customer payment for a new series of Bookings fails, then the Booking Request is not accepted and no contract for Booking is created. The Hirer is informed of the failure and invited to use a different payment method to complete the Booking.

If a Hirer’s monthly instalment payment fails for any reason, all unpaid Bookings are suspended. The Hirer may not take up any suspended Bookings and their licence to access the Venue is removed.

The Hirer is informed by email of the suspension and given three days’ notice to resolve the payment issue.

If the payment issue is resolved, then the suspension if revoked, and the Bookings are confirmed.

If the payment issue is not resolved, then the suspended Bookings are terminated.

5.3 Cancellations by the Hirer

Hirers can cancel a Booking at any time prior to the commencement date of the Booking. Cancellation is performed online in Enni, by selecting the action “Cancel” in My Bookings.
If a Hirer cancels a Booking fewer than 28 days before the scheduled date of occurrence, the Hire Fee and Booking Fee are non-refundable (or in the event it has not already been paid, still payable).
If a Hirer cancels a Booking 28 days or more before the scheduled date of occurrence, the Hire Fee and Booking Fee are refundable in full (if it has already been paid).
Any refunds due under this clause 5.3 shall be made within 7 working days from the date of cancellation using the payment method provided at the time of Booking.

5.4 Terminations by the Operator

The Operator may terminate a Booking at any time. Termination is performed online in Enni, by the Operator selecting the action “Terminate” in Bookings.
The Operator must provide a reason for the termination in writing (sent by an email from Enni to the email address you have provided in Enni) at the time of termination.
The Hire Fee and Booking Fee for all paid-for Bookings that are terminated by the Operator are fully refundable.
Any refunds due under this clause 5.3 shall be made within 7 working days from the date of termination using the payment method provided at the time of Booking.

5.5 Booking Modifications.

Once a booking is made, it cannot be modified.

However, Enni provides a simple process to cancel/terminate and rebook any booking which allows Hirers and Operators to replace a current booking with a new booking that has the same details.

This process is subject to the same rules regarding refunds as described above.

5.6 Enni Online Ltd as Payment Collection Agent

Enni acts as a payment collection agent on behalf of the Operator and remits Hirer payments to the Operator in accordance with these Terms & Conditions.

Enni makes payouts to Operators monthly in arrears (standard Operators) and in advance (trusted Operators) of payments received from Hirers.

Enni subtracts any applicable Booking Fees and Service Charges from the Hirer payment prior to payout.

5.7 Enni Fees.

Enni may charge fees (and applicable Taxes) to Operators and Hirers for the right to use the Enni Platform. Any applicable fees are disclosed to Operators before publishing a listing and to Hirers before making a booking.

6. Insurance & Liability

6.1 Responsibility To Be Insured

Hirers are responsible for assessing the insurance requirements necessary for their Activity and maintaining adequate insurance in relation to this from a reputable insurance company. The Operator may require Hirers to provide evidence to Us of this insurance.

Operators are responsible for obtaining appropriate insurance for their Venue and Facilities, including public liability insurance. Enni suggests that all Operators carefully review policy terms and conditions like coverage details and exclusions

6.2 Scope

This clause sets out the Operator’s entire financial liability to Hirers (including any liability for the acts or omissions of their employees, agents, consultants, and subcontractors) to the Hirer in respect of:

any breach of these T & Cs;
any representation, recommendation, statement or tortious act or omission (including negligence) arising under or in connection with these T & Cs; and
any loss or damage suffered by a Hirer or their Guests.

6.3 Limitation of Liability Permitted By Law

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these T & Cs.

6.4 Acknowledgement of Liability

Nothing in these Ts & Cs limits or excludes the Operator’s liability:

for death or personal injury resulting from the Operator’s negligence; or
for any damage or liability incurred by the User as a result of the Operator’s fraud or fraudulent misrepresentation

6.5 Operator Disclaimer of Liability

Subject to clause 6.4, The Operator shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods or property, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses incurred by any Hirer or Guest at or in connection with the booking.

6.6 Operator Total Liability

The Operator’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of these Ts and Cs shall be limited to the total Booking payment received for the Booking.

6.7 Indemnity

The Hirer indemnifies the Operator against all liabilities, costs, expenses, damages and losses (including any direct or in direct consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Operator arising out of or in connection with these T & Cs or out of any claims made against the Operator by the Hirer’s Guests.

6.8 Enni Disclaimer of Liability

Enni is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health.

6.9 Enni Total Liability

Enni’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of these Ts and Cs shall be limited to the total Booking Fee and Service Charge received for the Booking.

6.10 Indemnification.

To the maximum extent permitted by applicable law, Users agree to release, defend (at Enni’s option), indemnify, and hold Enni harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) the User’s breach of these Terms (ii) the User’s improper use of the Enni Platform, (iii) the User’s interaction with any other User, of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) the User’s failure to remit Taxes, or (v) the User’s breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by the User’s culpable breach of a contractual obligation.

7. Enni Platform Rules

7.1 Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the Enni Platform

Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Enni Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Enni Platform or Content.
Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Enni Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Enni Platform.

Only use the Enni Platform as authorized by these Terms or another agreement with us

You may only use another User’s personal information as necessary to facilitate a transaction using the Enni Platform as authorized by these Terms.
Do not use the Enni Platform, our messaging tools, or Users’ personal information to send commercial messages without their express consent.
You may use Content made available through the Enni Platform solely as necessary to enable your use of the Enni Platform as a Hirer or Operator.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make or accept a booking or any payment outside of the Enni Platform to avoid paying fees, taxes or for any other reason.
Do not require or encourage Hirers to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a booking, unless authorized by Enni.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not use, copy, display, mirror or frame the Enni Platform, any Content, any Enni branding, or any page layout or design without our consent.

Honour your legal obligations

Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information
Do not use the name, logo, branding, or trademarks of Enni or others without permission
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Enni branding.

7.2 Reporting Violations.

If you believe that a User, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Enni. In addition, if you believe that a User, Listing or Content has violated our standards you should report your concerns to Enni. If you reported an issue to local authorities, Enni may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

7.3 Copyright Notifications.

If you believe that Content on the Enni Platform infringes copyrights, please notify us.

8. Termination, Suspension and other Measures

8.1 Term.

The agreement between Users and Enni reflected by these Terms remains in effect until either the User or we terminate the agreement in accordance with these Terms.

8.2 Termination.

Users may terminate this agreement at any time by sending us an email or by deleting their account. Enni may terminate this agreement for any reason by giving Users 30 days’ notice via email or using any other contact information you have provided for your account.

Enni may also terminate this agreement immediately and without prior notice and stop providing access to the Enni Platform if (i) you materially breach these Terms or (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Enni, its Users, or third parties (for example in the case of fraudulent behavior of a User), or (iv) your account has been inactive for more than two years.

8.3 Effect of Termination.

If you are a Operator and terminate your Enni account, any confirmed booking(s) will be automatically cancelled and your Hirers will receive a full refund. If you terminate your account as a Hirer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of our cancellation policy.

When this agreement has been terminated, Users are not entitled to a restoration of their account or any of their Content. If User access to or use of the Enni Platform has been limited, or a the Enni account has been suspended, or this agreement has been terminated by us, the User may not register a new account or access or use the Enni Platform through an account of another User.

9. Other Matters.

9.1 Modification of these Terms.

When we propose changes to these Terms, we will post the revised Terms on the Enni Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Enni, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Enni Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.

9.2 User Accounts.

You must register an account to access and use many features of the Enni Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Enni Platform under the laws of the United Kingdom, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Enni if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Enni Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

9.3 Disclaimer.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Hirer, Operator or Listing and we do not warrant that verification, identity or background checks conducted on Users (if any) will identify past misconduct or prevent future misconduct. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Enni Platform. Enni may, temporarily and under consideration of the Users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Enni Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Enni Platform.

9.4 Notice.

Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Enni via email, Enni Platform notification, or any other contact method we enable you to provide.

9.5 Enni Platform Content.

Content made available through the Enni Platform may be protected by copyright, trademark, and/or other laws of the United Kingdom. You acknowledge that all intellectual property rights for that Content are the exclusive property of Enni and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Enni Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Enni grants you a limited, non-exclusive, non-sublicensable, revocable, non- transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Enni Platform and accessible to you, solely for your personal and non-commercial use.

9.6 Force Majeure.

Enni shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

9.7 Emails.

You will receive administrative communications from us using the email address or other contact information you provide for your Enni account.

9.8 Entire Agreement

This Agreement contains the entire understanding between the User and the Operator and any variation of or addition to or deletion from the provisions of these T & Cs shall not be valid unless the same shall have been reduced into writing and signed by the User and the Operator.

9.9 No Assignment

Neither the Operator nor the User are entitled to assign or otherwise part with the whole or any part of the benefit of these T & Cs.

9.10 Rights of Third Parties

A person who is not a party to these T & Cs may not rely upon or enforce any rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

9.11 Invalidity

Illegality and/or unenforceability of any part of these T& Cs shall not affect the enforceability or legality of the balance of these T & Cs.

9.12 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T & Cs or its subject matter or formation (including non- contractual disputes or claims).

10. Contact Us

If you have any questions about these Terms please email us on assistance@enni.space

Version 2024.10.04 · Last updated 4 October 2024