(1) These terms and conditions (the “Hirer Terms and Conditions or Ts&Cs”) govern the relationship between Caravans Direct (NW) Ltd (Company number 06007935), Banks House, Ty Isa Road, Llandudno, LL30 2PL (“Provider”) and any user of this website and of the content or services available through it (this, or the “site”) who is not using it in his/her/its capacity as a Caravan Owner (“Hirer”). Hirer’s include people who use the site to access information about, or to rent, Caravans.
(2) The Hirer Ts&Cs constitute a legally binding agreement between the Provider and the Hirer.
(3) By using or accessing this site, you agree to the Hirer Ts&Cs.
(4) The Provider does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
2. The Basics
(1) This site is a place where Hirers can view advertising of, and obtain information about, Caravans offered for rental (“Caravans”) by others, including Caravan owners and managers, (collectively, “Owners”), and communicate with those Owners.
(2) The Provider is not, and does not become, party to any contractual relationship between the Hirer and the Owner, and does not mediate between the Hirer and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Hirers to interact. Neither the Owner nor the Hirer of any Caravan shall have any claim whatsoever against the Provider in respect or the hire or other arrangements made between them in relation to the hiring of any Caravan.
3. Caravan Listings
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Caravans they offer (“Listings”). Thus, it is the Owner’s responsibility to ensure that the Listing is accurate, and to correct any deficiencies in it.
(2) The Provider has no responsibility for, or involvement in, the communication between the Owner and Hirer.
4. Rights and obligations of the Provider
(1) The Provider shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Caravan that Owners have submitted to the Provider are as true and accurate a representation of those photos as practicable. However, Hirers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, Hirers also acknowledge that Owners – and not the Provider – are responsible for the accuracy with which the photos depict the relevant Caravan.
(3) The Provider may occasionally undertake upgrades and maintenance of the site. These works may result in restrictions on the usage on the site. The Provider will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when usage is least affected. The Hirer shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
(4) Each Hirer acknowledges that the Provider is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Caravan.
(5) The Provider reserves the right to suspend, or terminate provision of services to any Hirer which is or appears in the reasonable opinion of the Provider to be in breach of the Hirer Ts and Cs
(6) The Provider reserves the right to transfer these Hirer Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Hirer Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Hirer under these Hirer Ts & Cs.
5. The Provider’s limited liability and indemnity
(1) In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site, you do not agree with any part of these Hirer Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. In all events, our liability, to you or any third party in any circumstance arising out of or in connection with the Site is limited to £100.00 in the aggregate.
(2) Nothing in these Hirer Ts and Cs shall be construed as limiting liability for death or personal injury caused by the negligence of the Provider, the Provider’s fraud, fraudulent misrepresentation or any other matter for which it would be permitted by law for us to exclude or attempt to exclude our liability.
(3) The Provider reserves the right to remove from sale any goods or services, to cancel or withdraw Listings or to suspend or cancel all or any of the services for technical, legal or regulatory reasons without penalty or compensation to any Owner or Hirer.
(4) The Hirer shall indemnify and hold Provider harmless against any claims by third parties brought against the Provider or any Provider arising out of or in connection with any breach of these Hirer Ts&Cs on the part of the Hirer.
(5) The Provider does not generally conduct identity checks. If the Hirer suspect that the Owner has supplied false information, they are invited to notify the Provider.
The Owner shall not directly or indirectly:
(a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes: exploit, copy, distribute, reproduce, edit, make publicly accessible or decompile any of the same;
(b) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
(c) Use the site for purposes other than those referred to in these Hirer Ts & Cs;
(d) interfere with, damage or disrupt the site.
(e) Transmit content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
(f) Use or access the site in any way that might endanger any computer system or network, including by making available any virus, worm, Trojan horse or any other contaminating or destructive features.
(g) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered „phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
(h) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
7. Hirer Information and Third Parties
(2)We may provide links on our website to the websites of other companies. We cannot give any undertaking that products or services you may purchase from these websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
(1) All content that appears on this site, and the site itself, is protected by copyright. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Hirers are permitted to download, display or print individual pages of the site. The relevant file or the relevant printout must clearly bear the text “© 2014 Rent My Caravan All Rights Reserved”.
9. Governing Law and Entire Agreement
(1) These Hirer Ts & Cs, and the relationship between the Hirer and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English and Welsh courts.
(2) These Hirer Ts & Cs contain the entire agreement between the Provider and Hirer relating to their subject matter.
(1) The Provider’s failure to act with respect to a breach of these Hirer Ts & Cs by the Hirer or others does not waive the Provider’s right to act with respect to subsequent or similar breaches.
(2) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Hirer Terms and Conditions.
(3) The invalidity of one or more provisions of these Hirer Terms and Conditions shall not affect the validity of the other provisions.