1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Booking Deposit: shall mean the sum of £100.
Order: your order for the hire of a Vehicle
Hire Confirmation: shall mean when we issue you with written or email acceptance of an Order.
Hire period: shall mean referred to in the Hire Confirmation.
Price List: shall mean the Price List annexed to these Terms.
The Security Deposit: shall mean the vehicle security deposit of £750.
Terms: the terms and conditions set out in this document.
Vehicle: means the vehicle defined in the Hire Confirmation.
The Vehicle Rental Insurance Agreement: shall mean the Vehicle Rental Insurance Agreement which must be signed on collection.
We or Us: shall mean Katy’s Campers Limited.
Writing: or written does not include faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 These Terms, The Vehicle Rental Insurance Agreement, the Hire Confirmation and our Price List are considered by us to set out the whole agreement between you and us for the hire of one of our vehicles. Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask any member of staff at the place you rent the Vehicle from.
2.2 If any of these Terms are inconsistent with any term of the Order, these Terms shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. Once we have received your Order and the Booking Deposit, we will send you a Hire Confirmation, the balance of our charges will be due 30 days prior to hire date, and the Security Deposit will be taken on collection and subject to the these Terms, refunded 1 week after safe return of the van. Photo driving licence or passport and paper licence plus a utility bill must be produced for each driver on collection of the van.
2.4 Notwithstanding clause 2.3, if you’re the date for hire requested in your Order is for a date within 31 days from date of Order then payment for hire will be required in full.
2.5 These Terms shall become binding on you and us when we issue you with a Hire Confirmation at which point a contract shall come into existence between us.
2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. CANCELLATION POLICY
3.1 If you cancel your pre-paid reservation within 24 hours of placing the booking We will issue a full refund. If you cancel your reservation more than 24 hours from time of making the booking no refund will be made. All bookings cancelled less than 48 hours from the pick up date and time are non refundable.
3.2 All cancellations should be made direct to us (by telephone or email).
3.3 If you cancel at any other times not listed in clause 3.1, you hereby consent that we may charge your credit or debit card subject to a maximum amount equal to the value of the hire.
If you do not arrive to collect your vehicle:
3.4 Unless you have cancelled your reservation in accordance with the above terms, if you do not collect your vehicle at the time specified on the Hire Confirmation, no refund will be made.
3.5 We will however, purely at our discretion, use reasonable endeavours to hold a hire vehicle available for you for up to 2 working hours after the time of the reservation (unless this is outside our opening hours).
3.6 If you do not arrive to collect your vehicle at the time specified in the Hire Confirmation, and you do not let us know that you are cancelling your hire as above, we may charge your credit or debit card subject to a maximum amount equal to the value of the hire.
4. THE VEHICLES
4.1 The Vehicle must only be driven by you and any other driver named on the Hire Confirmation, or by anyone else we authorise in writing. Anyone driving the Vehicle must have a full valid driving licence.
4.2 You or any other authorised driver must not:
(i) use the Vehicle for hire or reward;
(ii) use the Vehicle for any illegal purpose;
(iii) use the Vehicle for racing, pacemaking, testing the Vehicle reliability and speed or teaching someone to drive;
(iv) breach the Highway Code or break any speed limits whilst driving the Vehicle but in any event the Vehicle must not be driven in excess of 50mph;
(v) use the Vehicle while under the influence of alcohol or drugs;
(vi) drive the Vehicle outside England, Scotland and Wales, unless we have given you written permission;
(vii) load the Vehicle beyond the manufacturer maximum weight recommendations and make sure that the load is secured safely;
(viii) use the Vehicle or allow it to be used off road or on roads unsuitable for the Vehicle;
(ix) drive in restricted areas including, but not limited to, airport service roads and associated areas;
(x) use the Vehicle for driver training activities; or
(xi) drive the Vehicle with the roof elevated.
5. DELIVERY AND RETURN
5.1 You acknowledge that you have received the Vehicle in a clean condition and in sound working order with a full tank of fuel. You will be charged £3 per litre to refill the tank if it is not full upon return.
5.2 You agree to return the Vehicle in clean coniditon and in sound working order, with a full tank of fuel on the Return Date specified in the Hire Confirmation.
5.3 You acknowledge that refund of any monies will solely be at the discretion of us and on the conditions set out in these Terms.
6. YOUR OBLIGATIONS
6.1 You must look after the Vehicle and the keys to the vehicle. You must always lock the Vehicle when you are not using it, and use any security device fitted to or supplied with the Vehicle. You must always protect the Vehicle against bad weather which can cause damage. You must always make sure that you use the correct fuel. You must not release the handbrake by any means other than twisting the handbrake handle towards the steering wheel before releasing fully. You must not change down from second to first gear whilst the Vehicle is in motion and only select first gear when the Vehicle has come to a complete stop.
6.2 You are responsible for any damage to the Vehicle caused by hitting low-level objects, such as bridges or low branches.
6.3 You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the Vehicle.
6.4 You must not let anyone work on the Vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
6.5 You must let us know as soon as you become aware of a fault in the Vehicle.
6.6 You must bring the Vehicle back to the place referred to and the time agreed in the Hire Confirmation. One of our staff must see the Vehicle to check that it is in good condition. If we have agreed that you may return the Vehicle outside business hours, you will remain responsible for the Vehicle and its condition until it is re-inspected by a member of staff.
6.7 You will have to pay for reasonable costs of repair if we have to pay extra costs to return the Vehicle to its condition when the pre- hire inspection was carried out (for example, if extra valet time or special material or equipment is needed to restore the Vehicle to its pre-hire condition) or the vehicle has been damaged internally or externally whilst in your care. This will also incur a £50 charge for damage to the van, and £25 for damage to the equipment provided for the hire regardless of the value of the piece of equipment.
6.8 Before you bring back the vehicle you must check that you have not left any personal belongings in the Vehicle.
6.9 You are responsible for any loss or damage to additional equipment hired at the time of hire.
7. OUR OBLIGATIONS
7.1 Our obligations to you are as set out in the Vehicle Rental Insurance Agreement.
8. PRICE AND PAYMENT
8.1 You agree to pay the charges based on our price list at the time of Order and all charges referred to in the Vehicle Rental Insurance Agreement.
8.2 On taking delivery of the Vehicle you agree to pay The Security Deposit in cash and You hereby agree that if the Vehicle is not returned in the condition in which it left our premises subject to a satisfactory inspection by us, or you are in breach of these Terms or the Vehicle Rental Insurance Agreement terms, we may charge up to the value of £750 to your credit/debit card of which we will hold the details until the Vehicle is safely returned. This must be done to cover the possibility of negligent damage to the vehicle or the fixtures and fittings therein or equipment included in the rental. The Vehicle and equipment must be returned in good condition, with no damage to it, its contents or any third party property.
8.3 Should there be any damage, costs for any repair, replacement or special cleaning, the costs will deducted from The Security Deposit before the balance is returned to you. In the event that there is a claim we reserve the right to retain The Security Deposit for a longer period as is necessary to quantify the charges incurred which are to be deducted from The Security Deposit. The Security Deposit will be used towards funding any loss or damage what so ever to equipment, fixtures and fittings or negligent damage to the vehicle. Where charges are incurred which result in your security deposit being debited we will provide you with an itemised invoice detailing the charges incurred by you.
8.4 The charges stated on the rental invoice reflect your use of the vehicle during the rental and include basic rental charges, insurance, charges for any optional or ancillary services chosen by you, and any applicable taxes at the prevailing rate. Additional charges may arise from your use of the vehicle during the rental, and may include loss of or damage to the vehicle and its contents, the insurance excess, refuelling service charge and fuel cost, late return charge, additional driver charge, extra cleaning charge and any road tolls or fines for charges arising from traffic or parking offences during the rental. All charges are subject to final calculation after the rental.
8.5 Payment for all Orders must be made in advance by credit or debit card or bank transfer. We accept payment with Visa, Mastercard, Switch, Solo or Maestro. We may also be prepared to accept payment by cheque or in cash at our discretion.
Should you book and pre pay on line you must present your prepaid voucher in exchange for the hire
8.6 By booking online and accepting these Terms you consent to us applying charges to your credit or debit card account. Your initial rental charges are paid for at the time of your Order. You will not be required to make the excess deposit payment or pay for any possible additional rental costs until you collect the Vehicle.
8.7 When you collect the Vehicle you will be required to present a credit or debit card, which will be charged as follows:-
8.7.1 if you choose to pay by credit card (Mastercard, Visa, American Express) your card will be pre-authorised for our hire charges and the Security Deposit and any additional charges as agreed. When you return the Vehicle at the end of the Hire Period, the total additional charges, including any charges for fuel, damage, etc will be calculated, and your card will then be charged for the final amount. At this point the pre-authorised amount will be released back to your credit card account. This may take up to 10 days, depending on your card issuing bank.
8.7.2 if you choose to pay by debit card (Switch, Solo, Maestro, Visa Electron, issued on UK banks only) your card will be charged at the start of the hire for our charges and any additional charges agreed to plus the value of the damage liability excess on the vehicle. In the event that you have pre paid only any additional charges plus the value of the damage liability excess will be charged. When you return the Vehicle at the end of the Hire Period, the total additional charges, including any charges for fuel, damage, etc will be calculated, and any overpayment will be credited to your card. Please note this process may take up to 5 working days.
In the event that you return the vehicle earlier than the date originally specified on the voucher, no refund will be made.
8.8 If you do not make any payment due to us by the due date for payment we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
8.9 You further agree to pay all collection costs in recovering the vehicle including all reasonable legal costs. Where the customer has a joint credit or debit card, both names on the account are jointly and severally liable to us.
9. LATE RETURNS
9.1 If a Vehicle is returned to us later than the agreed time, without our prior agreement, our Late Return Charges will be payable. Should the late return of the Vehicle make us liable for any additional costs, these costs will be charged to you. All charges arising from your late return of the Vehicle will be deducted from The Security Deposit and where there is any shortfall in the balance due to us after deduction of The Security Deposit, you hereby agree to indemnify us for the balance of the charges owed to us.
10. LIMITATION OF LIABILITY
10.1 Subject to clause 10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
10.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 We offer no service or warranty in respect of installing or laying the Goods. It is your sole responsibility to arrange for the installation or laying of the Goods at your own cost and your own terms.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Katy’s Campers Limited at [ADDRESS AND/OR E-MAIL ADDRESS]. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.