TERMS AND CONDTIONS OF BOOKING AND HIRE
SCAMPERHOLIDAYS: TERMS AND CONDITIONS OF BOOKING
This Agreement is made between SCAMPERHOLIDAYS LTD of 24, Bwlch y Gwynt, Machynys, Llanelli, SA15 2AQ
And the person/persons making and confirming the Booking
- By making your booking you agree that you have read, understood and accept this document and that you will comply with them. The rights and obligations contained in these terms and conditions govern your use of our Accommodation and are not transferable by you. You acknowledge that the Accommodation is owned by us and that any attempted transfer or sub-letting of the Accommodation by anyone other than us is prohibited and a criminal offence. You should not make any representation that may lead third parties to believe otherwise. We permit you to use the Accommodation on the terms of this Rental Agreement only.
- Except as otherwise stated the following words have the following meanings in this document:
- Rental Agreement means the Agreement signed or confirmed by you together with all and any other documents expressly referred to in this Agreement including insurance documents.
- The Accommodation means the accommodation rented to you under the Rental Agreement together with all accessories and equipment.
- Security deposit means the sum of £150.00
- Booking Deposit means the sum of 50% of the total booking
- Any reference to 'I','me' and 'my' refers jointly and severally to the person or persons who are the customers and who sign the Rental Agreement
- Any reference to “we” and “us” means Scamperholidays Ltd
Scamperholidays Ltd rents the Accommodation (including any replacement accommodation) to you subject to the Rental Agreement which incorporates these terms and conditions and the information and conditions contained on the booking form that you completed and confirmed on-line or verbally by telephone. In entering into this Rental Agreement you accept these terms and conditions and confirm that you will strictly comply with them. The rights and obligations contained in these terms and conditions govern your use of our Accommodation and are not transferable by you. You acknowledge that the Accommodation is owned by us and that any attempted transfer or sub-letting of the Accommodation by anyone other than us is prohibited and a criminal offence.
We permit you to use the Accommodation on the terms of this Rental Agreement only.
Dos and Don’ts You agree that you shall not:
- carry more occupants than the advised capacity of the Accommodation,
- use the Accommodation or goods for hire or reward,
- tow or push the Accommodation,
- use the Accommodation for any illegal purpose, or carry any object or any substance which is illegal or, because of its condition or smell may harm the Accommodation and/or delay our ability to rent the Accommodation again,
- damage the Accommodation by immersion in water,
- Deliberately damage or tamper with the Accommodation and/or its appliances
You agree that you shall:
- Abide by the rules and regulations of the campsite on which your Accommodation is located
Please note this is not an exhaustive list.
We will acknowledge receipt of your order without undue delay by e-mail. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing. Please note that our acknowledgement of receipt of your order is not our acceptance of your order which we will send separately.
On receipt of a non-refundable booking deposit of 50% of the total cost of the holiday (payable by credit/debit card) this contract shall have effect. The balance of the holiday charge (full charge less deposit) is due 42 days (6 weeks) before the start of the rental period. Accommodations will not be accessed without cleared payment received in full.
If we need to vary the total rental price to take account of any changes in taxes and duties, site errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order without any cost to you.
A security deposit of £150 is payable (by credit/debit card) on collection of your Accommodation keys.
You acknowledge that we may ask a third party to provide a credit/fraud report on the basis of the credit/debit card details and other personal details that you provide.
For late bookings (less than 6 weeks before the holiday start date) the full price is payable on booking. All payments and deposits will be made in pound sterling. We reserve the right to place restrictions on the volume of Accommodations or additional services ordered.
Choice of Accommodation
We do not offer any guarantee as to which specific accommodation you will receive. The Accommodations that appear on our website and e-mail correspondence are for guidance only and are intended merely to present a general idea of our services. We reserve the right to provide you with a suitable comparable or superior alternative, without notice, upon collection. If you are dissatisfied in any way with the standard of the accommodation you must advise us immediately or in writing within 30 days of your departure. Should you be dissatisfied or a substitute not be available upon arrival, our liability is limited to a full refund of monies received by us. We will not have any other liability to you and you shall have no further claims against Scamperholidays Ltd.
All rights are reserved by us to refuse any rental under any circumstance. No refunds are payable on accommodation, or Accommodations not being available where you change, cancel or seek to vary the Agreement after the holiday rental has commenced. We take no responsibility for any detention, delay, loss, damage that you might experience no matter how it is caused or by whom.
Cancellation In the event of a cancellation the following applies:
All cancellations must be advised immediately by telephone, followed as soon as possible by written confirmation.
- Cancellations between the time of confirmed reservation and 42 days before the rental period- the booking deposit is forfeited.
- Cancellations between 42 and 14 days of start of the rental period - a fee of 50% of the balance of the payable holiday rental charge will be incurred.
- Cancellations less than 7 days before the rental period commences - 100% of the total holiday rental charges are forfeited.
However, if we receive another booking for the same Accommodation, for the same rental period we will waive the cancellation fee but not the booking deposit.
If you change your booking date, we will only honour booking deposits for a period of 1 year from receipt after which time the booking deposit is forfeited.
Security Deposit The £150 security deposit is refundable upon departure of the Accommodation, in the condition in which it was handed to you (with the interior clean, including all cooking utensils and appliances) subject to an inspection satisfactory to us. This deposit is to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to the Accommodation or the fixtures and fittings therein or the living equipment and windows, wheels, tyres, decking etc. included with the Accommodation. The Accommodation and all its equipment must be returned in good condition, with no damage to it, its contents or any third party property. The Accommodation must be emptied of all your personal rubbish and all dishes/cooking equipment must be washed-up.
The security deposit will normally be refunded at the end of the rental period (as long as terms and conditions are met).
Should there be any damage or requirement for any repair, replacement or special cleaning; the costs will be deducted from the security deposit before the balance is returned to you. You irrevocably authorise us to deduct from the Security Deposit any amounts due to us arising out of this Agreement. You agree irrevocably to pay all charges upon request. In the event that there is a claim we reserve the right to retain the security deposit for such period as is necessary to quantify the charges incurred which are to be deducted from the deposit.
The security deposit will be used towards funding any loss or damage whatsoever to the Accommodation, equipment, fixtures and fittings as well as payment for the insurance excess.
Where the security deposit is insufficient to cover the costs, you will pay any additional amounts due. These will be invoiced as appropriate and you agree to pay any sums due by card in respect of such amount. 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. If we are not holding your card information then you agree you to pay all charges upon presentation of the invoice.
Charges The charges stated on the rental invoice reflect your use of the Accommodation during the rental period and include basic rental charges, insurance, campsite fees, 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 Accommodation during the rental period, and may include (but are not limited to) loss of or damage to the Accommodation and its contents during the rental period and/or until the Accommodation is examined, the insurance excess, any late check-out charge, any pet damage charge, and any extra cleaning charge. All charges are subject to final calculation within 14 days of the end of the rental period.
Payment of Charges All charges and expenses payable by you under this Agreement are due on demand by us. If you do not pay all charges due, a late charge of 3.5% per calendar month on the outstanding balance and any collection costs incurred by ourselves and our agents, including reasonable legal fees, will be added. When you comprise more than one person, each person is jointly and severally liable for all obligations of you pursuant to this Agreement.
Payment by Credit/Debit Card Where payment is paid by credit/debit card, you agree that:
a) We are irrevocably authorised to complete any documentation and to take any other action to recover from the credit/debit card issuer all amounts due pursuant to this Agreement in respect of the Security Deposit and the rental charges payable;
b) You will indemnify and keep us indemnified against any loss incurred (including legal costs) by reason of notifying a credit/debit card issuer of a dispute;
c) We may process the credit/debit card voucher. In the event that we elect to accept payment of the Security Deposit by holding an open security payment (which may be cancelled
5 0 days after the completion of the Rental Period) you agree that we are entitled to obtain payment from the credit/debit card issuer pursuant to the paragraph above (a) in respect of any amounts due which are not known at the time of cancelling the open security payment.
Insurance The Accommodations all have comprehensive insurance. Insurance is only for our Accommodations. The interior equipment and other items as specified in the Accommodation Manual are not covered by the Insurance and any damage will incur costs in addition to the Excess.
You are advised to take out your own personal effects and travel insurance to cover items not part of the insurance, last minute cancellations etc.
We are not responsible for any damage in connection with any accident caused by you nor are we responsible for any loss from the Accommodation. In the event that any third party suffers death, personal injury or damage to property caused by use of the Accommodation which involves a breach by you or any authorised occupant of any of the terms and conditions of this Agreement, and that of our insurance policy, or our Health and Safety Guidelines, you agree to reimburse us if we are obliged to compensate (a) the insurers for any payment they make to a third party on your behalf and/or (b) any third party. Our Insurance Company terms and conditions can be sent to you by post or email and can be viewed at our offices.
You should not exceed the maximum number of occupants suggested for the Accommodation. If you do, the insurance will be invalid and you will be responsible for any payments that would have been normally made by the insurer.
Theft protection does not apply beyond the rental date agreed with us therefore if you do not return the Accommodation on time you will be responsible for any costs that we may incur against any theft.
If an insurance claim is made, you are responsible for a £250.00 excess (or excess of a greater amount if you are notified before the rental period commences about such change to the excess due) which is due in each and every incident and includes loss or damage to equipment, fixtures and fittings or to third party property. The excess applies in respect of each claim.
All Scamperholidays accommodations are static. The Insurance does not apply to towing or where the Accommodation is driven or taken off road or on unsurfaced roads or without due care and attention, negligently, recklessly or where the hirer is under the influence of alcohol or other drugs. Your liability to pay the cost of the damage will therefore not be waived in these cases and you may be liable for the full cost.
You warrant that all information supplied to us in connection with this agreement is true and complete. In particular, on collection of the Accommodation keys you warrant that information supplied with the original booking has not materially changed.
Our Obligations We will supply the Accommodation to you in good overall and operating condition, complete with all necessary documents, parts and accessories. You agree to return the Accommodation to us in the same condition as you rented it, subject to fair wear and tear, with the same documents, parts and accessories, at the location and on the date and time designated in this Rental Agreement or sooner upon demand by us. Failure to do so may result in further charges becoming due and payable by you.
Condition You and we will check the condition of the Accommodation at the start of the rental term and on departure of the Accommodation. You acknowledge receipt of the Accommodation which appears, upon visual inspection, to be in good, clean condition and sound working order on arrival. It is your responsibility to check the Accommodation for existing damage, upon collection of the keys and to inform us of such before your holiday rental commences.
Collection When you arrive to collect your Accommodation keys, please ensure you allow at least half an hour for us to show you around the Accommodation and how to operate the cooker, sink, fridge, propane gas, (oven, grill and hob), water storage and other accessories and to brief you on our health and safety guidelines. We will also need to complete the paperwork in that time.
We reserve the right to refuse to provide Accommodation to you if, when attempting to collect the Accommodation keys, if, in our reasonable opinion, you do not meet the eligibility requirements. In such case the contract will terminate immediately and, unless we rent the Accommodation allocated to you to a third party for the relevant rental period, we will have no further liability towards you. We shall be under no obligation to take any steps to actively seek a third party to rent the Accommodation allocated to you.
Please also note that the Accommodation will be held for 59 minutes after the agreed time of arrival on your Booking Confirmation Letter. If you are going to be later you must contact us in advance.
Check-in times are allocated on booking between 3pm and 5pm.
Late check-ins up to 10pm are available by request.
Departure times are by 10:30am latest unless prior permission has been given. A time slot will be allocated for your arrival and departure times at booking. Please return the Accommodation keys by the agreed time. Please allow half an hour for the departure hand over. This time is required to perform all the after holiday checks to ensure that all terms and conditions have been upheld. No Accommodation keys can be collected outside our normal business hours (i.e. after 22.00 on a weekday/weekend). A check will be undertaken to identify any potential malfunctioning of the Accommodation or its equipment or any other relevant matter requiring attention.
If you depart the Accommodation outside normal business hours, you must comply with the out of hour’s departure instructions, in which case you will remain fully responsible for the Accommodation until the departure location re-opens for business. If you fail to comply with these instructions, you will remain responsible for the Accommodation until we are able to access it.
You are responsible for any costs incurred should you abandon the Accommodation.
We will not refund the holiday rental charge if the Accommodation is returned prior to the departure date due to weather, personal circumstances or any other reason whatsoever.
Late Return If an Accommodation & keys are returned later than the agreed time, without our prior agreement, £100.00 per hour will be payable. You will also be affecting the holiday rental of the next person to rent your Accommodation. Should the late return of the Accommodation make us liable for extra costs, we reserve the right to pass on these costs to you. Charges and costs for late return will be deducted from your security deposit. By confirming your acceptance of this Agreement online or verbally by phone booking you agree to us making such deductions. Should the late return be due to accident you will be liable for any revenue lost due to the Accommodation being unavailable for rental.
No refund is given for early return of the Accommodation.
Cleaning You agree that we are entitled to charge you an additional cost, if the Accommodation requires more than our standard cleaning on its return, to restore it to its pre-rental condition, allowing for fair wear and tear.
Occupying the Accommodation You must inform us on booking and arrival of the quantity of people who will occupy the Accommodation during your stay. Failure to do so will be a breach of these Terms and Conditions and may invalidate insurance.
Tyres You agree that the tyres on the Accommodation where applicable are visibly sound and appear within legal limits. Any damage caused to the tyres is your responsibility, unless it can be shown that damage is due to invisible defects in the manufacture of the tyre which are covered by a manufacturer’s warranty.
Health and Safety You must follow the health and safety guidelines when operating the Accommodation and its appliances and when using any equipment in the Accommodation or on the decking or private parking area. The instructions for using the Accommodation and its accessories and facilities including the health and safety guidelines are provided to you upon receipt of the Accommodation verbally, and are to be found in the Accommodation Manual in your Accommodation.
Propane gas cylinders Propane Gas is provided for the cooker and grill. We will meet the cost of one additional cylinder of gas on production of a valid VAT receipt. We will not pay for an incorrect size or make of gas cylinder and will charge you £70 for replacing the incorrect size or make of gas cylinder.
Smoking It is illegal to smoke inside our Accommodations or on the outer deck area. You will be liable for any damage or smoke contamination caused to the Accommodation, the deck area or their contents through smoking.
Drinking Water We cannot be held responsible for the cleanliness of drinking water obtained from the campsite on which your accommodation is located and you are advised to check this with the site owners on arrival. The water stored in the Accommodation water tank is drinking water, however we do advise that you drink bottled water.
Pets We welcome pets. We charge £30.00 - £40.00 per holiday rental for up to 3 dogs. This is for additional cleaning. Pets must be disclosed on our Booking Form and only pets that we confirm are acceptable may be brought into the Accommodation. All damage, however caused by your animals, will be charged to you. You undertake to comply with current law concerning the carriage of animals when travelling at all times. Pets must never be left alone or unsupervised in the Accommodations.
Keys AccommodationAccommodationIn the event that keys are lost or damaged you will be liable for the reasonable costs of obtaining replacement keys, and any costs associated with providing the keys to you during the holiday rental period. You must lock the Accommodation at all times when not in use.
Your Car During the period of the rental you may park your car in the designated private parking area but do so at your own risk. We cannot accept responsibility for the loss of, or damage to your car or its contents unless caused by us.
Use of the Accommodation You are authorised to use the Accommodation on the conditions of this Agreement including, at all times, to use the Accommodation in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or loss incurred by us or any damages or reasonable expenses we suffer or incur as a result of your breach of the Agreement. We reserve the right to take back the Accommodation at any time, and at your expense, if you are in breach of this Agreement. You must look after the Accommodation, make sure it is locked, secure and safe when not in use. You must remove and/or keep in a safe place any personal valuable items when the Accommodation is unoccupied.
Loss or Damage You will be liable to us for all losses and costs incurred by us in the event of loss, damage to or theft of the Accommodation, its parts or accessories, while on rental, if this damage, loss or theft involves the deception of or by you or another party, or as a result of the keys remaining in the Accommodation whilst it is unoccupied, or was caused intentionally or negligently by you or your party. Your liability may include the cost of repairs, loss in value of the Accommodation, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the Accommodation unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or our breach of this Rental Agreement. You will be liable for the loss or damage to any equipment – cover for these items (i.e. the TV/DVD player) is not provided by our insurers.
Breakdown A replacement Accommodation may be offered but this will be subject to availability. We cannot accept liability for any costs arising from accident, breakdown or any other cause, e.g., replacement Accommodation costs, travel, accommodation, telephone calls, etc. Our liability extends to either replacing your Accommodation with a similar one or refunding your rental charge for any days you lose the total use of the Accommodation. If you have caused the breakdown through your own actions you will be liable for all costs incurred and we will not refund you any unused days of rental.
Accidents, theft and vandalism You must, where possible, report any accident involving the Accommodation to us as soon as practicable and report loss, damage or theft involving the Accommodation to the police (and us) within 24 hours of the incident or discovery of the incident. In the event of third party damage our insurance requires that you must not admit to any liability, release any party from liability, settle any claim or accept any disclaimer in the event of the accident, but should, if possible, take the names and addresses of everyone involved, including witnesses, together with all the details of the accident, time, place, how it came about, damage caused etc. If you have a camera, take photos of the scene.
An accident or theft report form must always be completed and submitted to us when you return the Accommodation or within 3 days of departure of the Accommodation, containing all the above information, plus diagrams if possible. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings, providing evidence and attending court if necessary, arising out of any loss of or damage to the Accommodation.
Return of items left in the Accommodation We will be happy to return your belongings left in the Accommodation at an administration charge of £10 plus postage and packing per item. This will be invoiced as necessary.
Your Liabilities You are personally liable for any charges subsequently notified to us. These will be immediately invoiced to you and we will require payment within 14 days. If we are still holding your security deposit at this time, we will deduct this sum from that deposit. You are liable for any losses or damage caused by you and/or your group and we cannot accept liability for any losses or damage or liability caused by you to yourselves or third parties, or their property.
You must use the Accommodation and its contents responsibly and comply with our instructions and Health and Safety Guidelines. Where no instructions or advice or guidelines are given you must assume that ‘normal’ and ‘common sense’ rules apply.
Breaches of these Terms and Conditions If you commit a breach of these Terms and Conditions or our Health and Safety Guidelines, we will have the right to terminate your booking without notification, and if you are already in the Accommodation, we may require you to return or vacate it immediately. In the event of you committing a breach of these Terms and Conditions no refund of the fees you have paid will be returnable to you. You will also be liable for any costs incurred. Breaches in our Terms & Conditions or Health and Safety Guidelines may invalidate your insurance and you will be liable for all losses howsoever sustained including claims by third parties.
Our Liability to You We will only be liable for any loss or damage suffered by you or any member of your party or to your or their property, where such loss or damage is due to our negligence. Except in the case of death or personal injury resulting from our negligence, our total liability to you in respect of any breach of these Terms and Conditions or tort or other act or omission by us in connection with this contract shall be limited in aggregate to the price agreed to be paid by you for the right to use the Accommodation for the period agreed.
Where you are a customer acting in the course of a business, this paragraph shall apply instead of the one above. (You will have obtained our permission and that of our insurance company to use the Accommodation for business purposes.) We do not accept liability to customers acting in the course of a business for losses of profits, business, contracts, goodwill, anticipated savings, expenses, or other similar losses, for any reason whatsoever. To the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of our liability to business customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by you for the right to use the Accommodation for the period agreed.
We will supply the Accommodation free from mechanical defects for the period of the rental agreed in the Booking Confirmation. This guarantee does not cover repairs, replacements, adjustments or other works that are necessary as a result of:-
-wilful or accidental damage, misuse or neglect by you; or
-unauthorised alterations or additions; or
-any unforeseeable circumstances which are not due to our fault or negligence; or
-any attempted repair which you have made without our approval; or
-any failure to follow our instructions.
We shall not be held responsible for you or any of your party being under the influence of alcohol or drugs, causing wilful damage, or behaving without due care and attention. If we do suffer damages as a result of your actions, you agree to indemnify us against all losses, costs, expenses or liability we may incur in respect of your or your party’s actions.
Whole Agreement These Terms and Conditions override and supersede all previous versions and any previous course of dealing between the parties and incorporate the whole Agreement together with any insurance conditions notified to you at the time of booking or arrival (and which are available to view at our premises). In the event of any inconsistency between these Terms and Conditions and any other of our literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms and Conditions will prevail. If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
Personal Data When you book your Accommodation, we collect personal information such as your name, email address, home address, telephone number, credit or debit card number, security code and the card’s expiry date. This allows us to book the Accommodation for you. We will also collect non-transactional data should you enter a competition, request a brochure or take part in a survey, for example. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest brochure, supplements, newsletters and special offers. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post. We may reveal your identity information to our insurance company. We will not sell your information to another company.
If you are uncertain as to your rights under these terms and conditions or you want an explanation about them please e-mail us at email@example.com
In the event that you have any cause for complaint with regard to the services provided please email us at Kathryn@scampervanhire.co.uk. We will investigate your complaint and try to resolve it as soon as possible.
Governing law and jurisdiction We and you agree that the Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. We and you 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 the Agreement or its subject matter.