OUR HIRE TERMS AS REGARDS OUR HIRING CAMPING AND CYCLING RELATED EQUIPMENT TO YOU
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we will hire Equipment to you; being the person hiring the equipment as indicated in the relevant order unless agreed otherwise writing by us. No other terms and conditions shall apply. 1.2 You must be 18 years old or older to enter into a hire contract with us. 1.3 Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide hired equipment to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business customer or an individual consumer. 1.5 You are a consumer if you are an individual and you are hiring equipment from us wholly or mainly for the personal use of you and/or others; that is not for use in connection with your trade, business, craft or profession. All of the provisions in these terms apply to consumers save for clause 19 which only applies to business customers. 1.6 You are a business customer if you do not fall within the description of a consumer in clause 1.5 above. All of the provisions in these terms apply to business customers save for clause 18 which only applies to consumers.
2. Information about us and how to contact us
2.1 Who we are. We are Pannier Limited a company registered in England & Wales with registration number is 08029243 and our registered office is at 19 Highfield Road, Edgbaston, Birmingham B15 3BH. 2.2 Our VAT number is GB 134 4614 31. 2.3 How to contact us. To contact us, please email email@example.com or see our contact information in the website footer. 2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our hire contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you an order confirmation. Only at this point a contract will come into existence between you and us subject to the terms and conditions of these hire terms. 3.2 If we cannot accept your order. If we are unable to accept your order for any reason, then we will inform you of this on the telephone or in writing. All orders are acceptable at our discretion. 3.3 Your order number. We will assign an order number to your order and tell you what it is in our order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
4. Hire periods and 8 day blocks from Wednesday to Wednesday
4.1 The hiring of the equipment is in 8 day blocks from Wednesday to Wednesday; this is to allow us to dispatch hire equipment to you in time for weekend use, and also allows you time to send the hire equipment back after weekend use. This means that you receive the hire equipment on a Wednesday and you must return it back for us to receive not later than the applicable Thursday. 4.2 If some or all of the hire equipment has not been returned to us by the agreed date (or some or all of the hire equipment is not available for collection on the agreed date as the case may be), then you will be charged additional hire fees for such period until all the hired equipment have been returned or collected, plus any additional collection / postage costs incurred.
5. Hire Equipment
5.1 Equipment may vary slightly from their pictures. The images of the equipment on our website are for illustrative purposes only and the equipment we hire may vary slightly or in non-material ways from those images, including as to its colour or manufacturing brand. 5.2 Making sure your measurements are accurate. If in hiring the equipment you have provided any measurements, then you are responsible for ensuring that these measurements are correct.
6. Changing your order
6.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible or not. 6.2 If it is possible we will let you know about any changes to the hire fees, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.1 Delivery. We only deliver hire equipment to addresses in the UK and in mainland EU. 7.2 Delivery costs. The delivery of the hire equipment will be subject to additional delivery charges. If delivery costs are not provided to you at the time that you place an order then once your order is received we will contact you and advise you of the delivery costs and seek confirmation as to whether you wish proceed with your order. However no hire contract will be formed until we issue an order confirmation under clause 3. 7.3 When we will deliver the hired equipment. We will instruct our courier company to deliver (and where applicable collect) hired equipment as per the days confirmed in the order confirmation. 7.4 Being present for delivery. It is your responsibility to ensure that you are present for the delivery of the equipment. 7.5 Instalments. We may on occasion need to deliver in instalments on differing dates and if this applies we will discuss this with you first. 7.6 If you are not at home when the hire equipment is delivered. If no one is available at the address you have designated for delivery purposes and the hired equipment cannot be posted through the letterbox, then we or our courier will leave you a note informing you of how to collect the products from a local depot. 7.7 If you do not re-arrange delivery. If you do not collect the hire equipment from us as arranged or if, after a failed delivery to you, you do not collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs incurred and any further delivery costs. If, despite our reasonable efforts, we are unable to contact or you do not collection the hired equipment we may end the contract and clause 15.2 will apply. 7.8 We are not responsible for delays outside our control. If the delivery of the hired equipment is delayed by an event outside our reasonable control then we will contact you as soon as possible on becoming aware of the same to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such an event, but if there is a risk of substantial delay you may contact us to end the hire contract and receive a refund of any sums you have paid us in relation to the terminated hire contract. 7.9 Collection by you. If you have asked to collect the hired equipment from our premises and we have agreed to the same, then you can collect them from us at any time during our working hours of 09.30 and 17.00 Monday – Friday. 7.10 Your legal rights if we deliver hired equipment late. You have legal rights if we deliver any hired equipment late. If we miss the delivery deadline for any hired equipment then you may treat the contract as at an end straight away if any of the following apply: 7.10.1 we have refused to deliver the hired equipment; 7.10.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or 7.10.3 you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.10.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. 7.11 Period during which you are responsible for the hire equipment. 7.11.1 The hired equipment will be your responsibility from the time we deliver it to the address you gave us or when you (or a representative of yours or a carrier organised by you) collects it from us. 7.11.2 From the time you have responsibility for hired equipment then you have responsibility for (and shall bear the risk of) any loss, theft, damage or destruction of the hired equipment. 7.11.3 The hire equipment (or any part thereof) shall remain your responsibility during the hire period and during any further time during which it is your possession, custody or control and until such time as the hire equipment is redelivered back to us at our return address. 7.12 Ownership of hire equipment. We retain legal ownership at all times of the hired equipment. 7.13 We may also suspend supply of the products if you do not pay. If you do not pay us any part or instalment of the hire fees when you are supposed to (see clause 16.7) then we may suspend supply of the hire equipment until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the hire products. As well as suspending the products we can also charge you interest on your overdue payments (see clause Error! Reference source not found.).
8. Equipment and its limitations
8.1 We do not expressly or otherwise guarantee or warrant the hire equipment for any specific performance or purpose other than as is described by the manufacturer of the equipment in relation to its normal and ordinary use. 8.2 The use of outdoors equipment such as bikes and tents requires special considerations and cautions associated with their use included as to the weather and local conditions. It is your responsibility to familiarize yourself with the user manuals for each item and the manufacturer’s guidance, to ensure proper use of the hire equipment, including having regard to its limitations.
9. Your obligations as regards the hired equipment
9.1 In relation to the hired equipment you have the following responsibilities and obligations: 9.1.1 to ensure that you have hired the right equipment (including as to its capability, capacity, grade and/or specification) having regard to the nature and location of the activity that you (and members of your party as applicable) will be undertaking. 9.1.2 to promptly check upon delivery or collection that all hired equipment has been received. In particular you will acknowledge receipt, and report any items missing, shortages or excesses and/or equipment defects to us immediately and in any event within 24 hours. Such report must be by email to firstname.lastname@example.org. 9.1.3 to look after the hire equipment so as to return it to us in the same condition that it was in upon its delivery to you (excluding fair wear and tear); 9.1.4 to use and operate the hired equipment in a proper manner and in accordance with applicable law (including as to the use of front and rear cycle lights) and only for the purposes for which it is designed; in particular you are responsible for the safe and correct operation of hired equipment by competent persons not under the influence of alcohol or drugs. You will also ensure that any non-Pannier equipment used in conjunction with the hired equipment also conforms to any safety standards. 9.1.5 in relation to the use of cycles you should consider wearing a helmet and gloves when riding for health and safety reasons. 9.1.6 to maintain at your own expense the hire equipment in good and substantial repair in order to keep it in as good an operating condition as it was on delivery to you (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the hire equipment. Legal ownership / title and property in all substitutions, replacements, renewals made in or to the hired equipment shall vest in us immediately upon installation; 9.1.7 to keep us fully informed of all material matters relating to the hire equipment and its condition. In particular you must inform us of any loss, defects, or damage beyond fair wear and tear to the hired equipment as soon as possible. Please note that we will treat all hired equipment not returned after the hiring period as lost and the provisions of clause 16.5 shall apply. 9.1.8 theft of hired equipment must be reported to us and to the Police without delay and we reserve the right to ask you for proof of notification to the police. 9.1.9 to take all reasonable steps to protect the hire equipment against loss or theft (including the use of bike locks as applicable); 9.1.10 not part with possession or control of, sell or offer for sale or lend the hire equipment to anyone; 9.1.11 ensure that at all times the hire equipment remains identifiable as being our property and not remove our identification marks, badges or labels; 9.1.12 deliver up the hire equipment at the end of the hire period or on the earlier termination of this contract in accordance with the terms of this contract; and 9.1.13 to return all hire equipment to us clean and dry.
10. Consider taking out insurance
10.1 There are inherent dangers associated with cycling, camping and outdoor activities. As such you should consider taking out insurance to cover: 10.1.1 any personal injury or death (whether to you, members of your party (as applicable) and/or to third parties; and 10.1.2 in respect of any loss of or damage to the hired equipment.
11. Your rights to end the contract
11.1 Ending your contract with us. You can terminate your hire contract by providing written notice in the following circumstances: 11.1.1 if the hire equipment is faulty or misdescribed; or 11.1.2 if you have a legal right to end the contract because we are in serious breach of the contract; including because we have delivered late (see clause 7.10) or 11.1.3 you wish to cancel the order, but cancellation must be in accordance with clause Error! Reference source not found. below. 11.2 Order Cancellation 11.2.1 You may cancel your order and the hire contract by emailing us with your cancellation notice provided that we receive your email before the expiry of the cancellation period. The cancellation period expires at midnight on the Tuesday which is two weeks (blocks) before the date the hire period is due to start. For example, if your hire period is due to start on Wednesday 22nd of a month, then we must receive your cancellation notice by not later than midnight on Tuesday 7th of that month. 11.2.2 Refunds will exclude an administration fee of £10.
12. Buying hired equipment
12.1 It may be possible to buy some or all of the hired equipment from us at the end of the hire period. If you are interested please contact us before the end of the hire period. Whether we sell any hired equipment at the end of the hire period is at our total discretion.
13. Returning the hired equipment to us
13.1 At the end of the hire period (or upon the earlier end / termination of the hire contract) you must return all hired equipment to us by the due date (unless you wish to purchase items of the hired equipment, in which case clause 12 shall apply). 13.2 Failure to return the hired equipment in full, on time will result in charges (at the standard hire rate) being added on a daily basis until all the equipment is received at our return address. 13.3 You will ensure that all hired equipment is packed when clean and dry, so as not to cause undue damage to the material during transit. It is your responsibility to ensure the hire equipment is re-packed suitably and safely for transportation back to us, using the original packaging. 13.4 Returns label. We will provide a free returns label within the original Equipment package and you should use this label and the original packaging, and drop the hired equipment off at your local Royal Mail collection point. 13.5 Courier collection services. Alternatively, at our discretion a courier collection can be arranged by us at extra cost and we will charge you this additional cost unless we have been at fault. If a courier option is selected, collection should be from the same address as the original delivery address, unless agreed otherwise. You or a representative must be present so as to enable collection and return.
14. Our obligations
14.1 We will provide appropriate printed and/or downloadable practical instructions for the safe and correct operation and assembly of hire equipment. 14.2 Hired equipment will be inspected, checked, and cleaned after each hire, to have ready for the next hire in good and usable condition. 14.3 All hired equipment is cleaned and disinfected prior to any hire. Sleeping bags are all cleaned, tents, sleeping bags and sleeping mats are ventilated and disinfected, cookware is washed and sanitized,
15. Our rights to end the contract
15.1 We may end the contract at any time by writing to you if one or more of the following applies: 15.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; 15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to perform our obligations under the hire contract; 15.1.3 you do not, within a reasonable time, allow us to deliver the hired equipment to you or collect it from us; and 15.1.4 we have a legal right to end the contract because of something you have done wrong such as you being in serious breach of the contract. 15.2 If we end the contract in the situations set out in clause 15.1 then we also reserve the right to claim compensation for the losses and costs (including loss of business) that we will incur as a result of your breaking the contract.
16. Price and payment
16.1 Hire fees. The fees for the hire of the equipment will be the fees indicated on our website order pages when you placed your order and stated in Pannier’s order confirmation. We take all reasonable care to ensure that the hire fees advised to you are correct. However please see clause 16.6 for what happens if we discover an error in the hire fees relating your order. 16.2 The hire fees are the ones indicated on the Pannier website’s listing pages and stated in Pannier’s order confirmation, and they remain fixed for the duration of the hire contract; 16.3 VAT. Value added tax will, as applicable, be charged in addition on all orders. If the rate of VAT changes between your order date and the date we supply the hire equipment we will adjust the rate of VAT that you pay, unless you have already paid for the hired equipment full before the change in the rate of VAT takes effect. 16.4 Deposit 16.4.1 We will require a security deposit in addition to the hire fees. Details of the deposit and the amount will be set out as part of the order process. 16.4.2 The deposit will be charged to the Hirer’s credit card. Accordingly, credit card details of the Hirer will be required before the hire equipment can be dispatched; such details will be received and stored securely, and used exclusively in relation to the hire contract. 16.4.3 The deposit shall be payable / taken by us in accordance with clause 16.7. 16.4.4 The deposit will provide us with security against one or more of the following: (a) your failing to make any payments required under the contract (b) any loss of, or damage to, the hired equipment and (c) your breaking the terms of our contract and our suffering loss or damage as a result. In these circumstances we shall be entitled to apply the deposit against such default loss or damage. We shall also be entitled to claim additional sums from you where our loss or damage exceeds the amount of the deposit. 16.4.5 Once the hired equipment is returned to us, we will inspect it, and if it is all in good condition, then the deposit will be released and the credit card details will be securely deleted, all within 7 working days. 16.5 If hired equipment is not returned and/or damaged and/or not returned in good condition. If hired equipment is not returned and/or damaged ands/or not returned in good condition then we may deduct from the deposit such sum as is necessary to recompense us. In particular the costs of repair, extreme cleaning, replacement of lost or damaged equipment or parts and any other related and reasonably incurred costs shall be borne by you. Accordingly we reserve the right to use the deposit to cover all such costs and in cases where such costs exceed the deposit, such extra costs will be charged against your credit card. You will be notified of the charging of such costs before payment is taken. Replacement of equipment or parts will be for the recommended retail price of the product(s) at the time of their replacement. Excessive cleaning costs will be determined by us. 16.6 What happens if we have got the hire fees wrong. It is always possible that, despite our best efforts, some of hire fees may be incorrectly priced. We will normally check hire fees before accepting your order so that where the correct hire fees at your order date are less than our stated price at your order date, we will charge you the lower amount. If the correct hire fees at your order date are higher than the hire fees stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where an error in the hire fees is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any hire equipment provided to you. 16.7 When and how you pay the hire fees. 16.7.1 You can only pay for the hire of the equipment using a debit card or credit card. 16.7.2 Payment of all sums due from you under the hire contract (including the deposits) shall be withdrawn from your debit / credit card within 2 working days from the issue of our order confirmation. Payment shall not be deemed to have been made until we have received all sums due in cleared funds. If payment is not received by us for any reason within this timeframe then your order and the hire contract will be automatically ended (terminated). We will also notify you of this by email.
17.1 Where we need to make a refund to you for any reason, we will do so by the method you used for payment. Refund will be made promptly and in event within 7 working days.
18. Our responsibility for loss suffered by a Consumer hirer
THIS CLAUSE 18 ONLY APPLIES TO A CONSUMER WHO HIRES EQUIPMENT
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. 18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
19. Our responsibility for loss suffered by a business hirer
THIS CLAUSE 19 ONLY APPLIES TO HIRERS WHO HIRE EQUIPMENT FOR BUSINESS PURPOSES
19.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. 19.2 Subject to clause 19.1 we shall not under any circumstances whatever be liable to you whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any one or more of the following suffered by you that arises under or in connection with this hire contract: 19.2.1 loss of profit, goodwill, revenue and business (in all such cases whether direct or indirect loss); and 19.2.2 special, indirect or consequential damage; 19.3 Subject to clauses 19.1 and 19.2 the total liability of our liability to you in respect of all other claims for loss or damage arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 120% of the hire fees paid or payable under or in connection with the hire contract. 19.4 These terms constitute the entire agreement between us in relation to your hire.
20. How we may use your personal information
20.1 How we will use your personal information. We will use the personal information you provide to us (a) to supply the hire equipment to you and to process your payment for the same; and if you agreed to this during the order process, to give you information about our business and its products, but you may stop receiving this at any time by contacting us. 20.2 Third parties. we will only give your personal information to other third parties where the law either requires or allows us to do so. 21. Other important terms 21.1 Transferring your rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and we will act reasonably in considering any such request. 21.2 Who may enforce this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 21.3 Invalid clauses. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 21.4 Exercising our rights. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the hired products, we can still require you to make the payment at a later date. 21.5 Which laws and courts apply to this contract. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.