Terms and Conditions of Hire
The parties to this agreement are:
(1) Camping Kit Hire (referred to in this agreement as We/Us or any similar description) and
(2) The Hirer (who is the person or persons identified in the booking confirmation to whom the Goods are hired and/or in whose possession they are at any time) and the words You/Us in these Terms and Conditions apply to that party or those parties accordingly.
1) HIRE OF EQUIPMENT. We are letting and you are hiring the equipment, together with any accessories described in the booking confirmation or other appropriate equipment list (the Goods) for the period of hire shown in the hire booking confirmation, upon the terms and conditions set out in this agreement including those set out in the hire booking confirmation.
2) YOUR CONTRACTUAL OBLIGATIONS. You will:
i) Keep the goods in your possession and under your control at all times.
ii) Permit our representative access to the Goods at all reasonable times, for the purpose of inspecting, repairing and removing the Goods.
iii) Be responsible for any loss or damage to the Goods or caused by the Goods arising out of or in connection with any negligence, misuse, mishandling of the Goods or otherwise caused by you (or if appropriate your officers, employees, agents or contractors) and you will indemnify and keep indemnified us on demand against the same including all losses, liabilities, claims, damages, costs or expenses, of whatever nature arising out of or in connection with any failure to comply with the terms of this agreement.
iv) Not sell, underlet or dispose of the Goods, and will indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.
v) Return the Goods (complete and in good order and condition) at the agreed time and place to the specified shipping agent for return to us.
3.1) Without prejudice to clause 3.2 our maximum aggregate liability for any breach of this agreement (including any liability for the acts or omissions of our employees, agents or sub-contractors) whether arising in contract tort (including negligence) misrepresentation, breach of statutory duty or otherwise shall in no circumstances exceed the hire charge.
3.2) Nothing in this agreement shall exclude or in any way limit:
(a) either parties liability for death or personal injury caused by its own negligence;
(b) either parties liability for fraud or fraudulent misrepresentation; or
(c) liability for any breach of the terms implied by Section 8 of the Supply of Goods (Implied Terms Act 1973) or any other liability which cannot be excluded by law.
3.3) This agreement sets out the full extent of our obligations and liabilities in respect of the Goods and its hiring to you. In particular there are no conditions, warranties or other terms expressed or implied including its quality, fitness for a particular purpose or any other kind whatsoever that are binding on us except as specifically stated in this agreement. Any condition, warranty or other term concerning the Goods which might otherwise be implied into or incorporated within this agreement whether by statute, law or otherwise are expressly excluded, to the maximum extent permitted by law.
3.4) Without prejudice to clause 3.2 neither party shall be liable under this agreement to any for:
(a) loss of profit;
(b) loss or revenue;
(c) loss of business; or
(d) indirect consequential loss or damage, in each case however caused and even if foreseeable.
4) DELIVERY. We will deliver and collect the Goods to and from the addresses specified by you on the dates requested. We accept no responsibility for consequential loss or damage howsoever arising from the shipping or transportation of the Goods, including if you miss the delivery.
5) GENERAL. You will ensure the Goods are only used for the purposes for which they are designed and operated in a proper manner:
(a) erect and install the Goods in accordance with any instructions supplied;
(b) make no alteration to any of the Goods and not remove any component parts;
(c) not suffer to permit any of the Goods to be confiscated, seized or taken out of your possession or control under any legal process
(d) not use the Goods for any unlawful purpose.
6) BREACH. Should you commit any breach of this agreement we may terminate the agreement and you will no longer be in possession of the Goods with our consent.
7) TERMINATION BY YOU. You have the right to terminate this agreement at any time, however unless we agree otherwise you will not be entitled to any abatement or refund. Extra carriage charges may have to be made if the Goods have to be collected. We may at our discretion offer a refund if termination is more than 14 days prior to commencement of the hire period.
8) JOINT HIRERS. Where the hirer is in one or more named parties then you are all jointly and severally liable and responsible for the performance of this agreement.
9) DAMAGE. We reserve the right to deduct such sums as required from the security deposit for damage to the Goods or the late return of the Goods to us. The security deposit will be taken at the time the booking is confirmed and returned minus any deductions within 7 days following the return of the Goods.
10) DATA PROTECTION. We do not store credit card details nor do we share customer details with any 3rd parties unless requested to do so.
11) SEVERENCE. If any provision or part provision in this agreement is or becomes invalid, illegal or enforceable it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provisional part provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
12) GOVERNING LAW AND JURISDICTION. 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 laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.