TERMS AND CONDITIONS
‘THE COMPANY’ is Gwdihw Camping.
‘THE HIRER’ is the person hiring the equipment from the Company and whose name appears on the booking form. The Hirer must be at least 18 years of age.
‘THE PERIOD OF HIRE’ means the time commencing with the arrival of the equipment onsite, and terminating when the equipment is removed by the Company.
‘A BOOKING’ is the contract entered into by the hirer and the Company.
These terms and conditions apply to all contracts entered into between the Company and the Hirer unless expressly stated otherwise by the Company and upon payment of the deposit the Hirer is deemed to have accepted them. Any offer of equipment is subject to stock being available on receipt of a deposit at time of booking.
DELAY OR FAILURE BY THE COMPANY TO COMPLETE THE CONTRACT
The Company will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible the company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment and where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.
LIMITATION OF LIABILITY OF THE COMPANY
In the event that the Company fails to fulfil any terms of the hire contract the Company’s liability is limited to refund or cancellation of any hire charge and in no circumstances will the Company be liable for any indirect, special or consequential loss or damage (whether loss of profit or otherwise), costs, expenses or other claim whatsoever which arises out of or in connection with the hire of the equipment. The Company’s entire liability under and in connection with the hire contract shall not exceed the amount of the hire charge. The Company shall not be liable for damage or loss of any of the equipment. Your statutory rights are not affected.
LOSS OR DAMAGE
(a) The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the Company’s equipment from completion of erection until dismantling.
(b) The Hirer must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.
(c) The Hirer shall leave the Equipment in a clean and tidy state, a reasonable surcharge will be applied for cleaning if it is not and will be deducted from the damage deposit and / or charged directly to the Hirer.
THE HIRERS RESPONSIBILITY
(a)The Hirer should not enter the equipment whilst the Company is erecting it.
(b) The Hirer should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.
(c) The Hirer should not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.
(d) The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind, other than what is provided for and appropriate to use, inside the Company’s tents without the previous consent in writing of the Company. No cooking or use of gas appliances of any kind should be used inside the Company’s tents.
(e) The Hirer is responsible for any damage and loss caused to the equipment regardless of culpability, and therefore should the security deposit be insufficient to cover costs incurred by the Company, the Hirer will be liable for all costs associated with this damage.
(f) Any naked flames used on site in proximity to the tent are entirely at the Hirers own risk.
(g) No animals are allowed inside the Company’s tents, without the previous consent in writing of the Company.
(h) No smoking is allowed inside the Company’s tents.
(i) The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered during the period of your usage. Your statutory rights are not affected.
(j) Barbecue equipment or open fires outside are to be placed a minimum of eight feet from the marquee or tent and not left unattended whilst in use.
(k) In certain circumstances, such as the use of private land, The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Hirer. Where appropriate obtain a license from the Local Authority. Any requirements under the license must be notified to us in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.
(l) The hirer will be responsible for any additional costs incurred to the company as a result of any booked equipment not being able to be erected/laid due to incorrect measurements, varying height levels or undisclosed site complications of which the company were not informed in writing.
(m) The hirer will be responsible for any costs incurred by the company due to changes being requested once the erecting of tents has begun.
All equipment remains at all times the property of the Company. The Hirer may not sub-hire or part with possession of the equipment or any part of it and may not allow any lien or encumbrance to be created over the equipment.
LIABILITY TO THIRD PARTIES
The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence of the Company.
ERECTION AND DISMANTLING
The Company normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property. In these exceptional circumstances The Hirer agrees that the Company, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered from erecting and / or dismantling the Company’s property.
The Hire charges do not include attendance by the Company’s workforce, employed or sub-contracted, except during the actual processes of erecting and dismantling the tent age.
The Company will not be liable for any: Act of God including but not limited to tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.
While every effort will be made by the Company to carry out any booking accepted, however, the full performance of it is subject to variation or cancellation by the Company consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.
CHOICE OF LAW
This contract will be governed by the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales.
Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.
50% of the Hire price for notice less than 28 days prior to the Hire period.
25% of the Hire price for notice more than 28 days prior to the Hire period.
The Company reserves the right to amend their website and terms and conditions at any time, without prior notice, the Hirers obligations not being limited to the above.
The contract will be terminated in the event of non-payment, or if there is a breach of the terms and conditions.
If any clause is deemed invalid it will not affect the rest of the terms and conditions.
This contract constitutes the entire agreement between the Company and the Hirer. No verbal representations or arrangements are recognised by the Company.
Nothing in this agreement shall exclude or in any way limit:
either party’s liability for death or personal injury caused by its own negligence;
(b) either party’s liability for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded by law.
This agreement sets forth the full extent of the Company’s obligations and liabilities in respect of the equipment and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Company except as specifically stated in this agreement. Any condition, warranty or other term concerning the equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.
A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Customer.