Terms and Conditions for Suppliers
This Website is owned and operated by Ukcaravans4hire.com Limited ("UKC4H"), a company registered in England with company number 7061010 and registered office address of Unit 12, Dyson Wood Way, Bradley Business Park, Huddersfield, West Yorkshire, HD2 1GN. Access to and use of the listing service on this Website is conditional on your acceptance of these Terms & Conditions. We recommend you read them carefully and print out and keep a copy of them for your future reference.
UKC4H acts as an intermediary providing an online listing service, and in some circumstances, a payment platform, for the hire and rental of mobile holiday homes within the United Kingdom for short-term holiday purposes.
1.1 The following words in these Terms & Conditions have the meanings assigned to them as follows:
a) “Caravan” means the mobile holiday home, its contents and all facilities as detailed in the Caravan Listing available to Customers for short term holiday hire;
b) “Caravan Listing” means the online profile for the Caravan as available and viewable to Customers as amended from time to time by the Supplier/Principal;
c) “Chargeback” means a charge arising where a bank debits UKC4H’s account for the amount of a transaction that has previously been credited to that account by reason of a payment error, booking change or cancellation or the cardholder disputing the transaction for any reason;
d) “Customer” means any person or persons who use or view the Website, regardless of whether such person makes an actual booking with the Supplier/Principal or not;
e) “Listing Fee” means the annual fee payable by Supplier/Principal to UKC4H in return for a Caravan Listing on the Website;
f) “Marks” means trade marks, trade names, logos, URLs and any other identifying marks or slogans of each party, whether or not registered;
g) “Payment Platform” means UKC4H’s online payment platform on the Website allowing customers to make online payments via credit or debit card for the hire of the Caravan;
h) “Supplier/Principal”, “you”, “your” means the owner/supplier of the Caravan listed on the Website and the principal in the contract with the Customer for the Caravan hire;
i) “Terms & Conditions” means these terms and conditions;
j) “UKC4H”, “we”, “us” means Ukcaravans4hire.com Limited;
k) “Website” means www.ukcaravans4hire.com.
2. The Contract
2.1 These Terms & Conditions, along with the information you provide in the Caravan Listing form the basis of the contract between the Supplier/Principal and UKC4H. In order to register with the Website, you will be required to confirm that you have read and accept these Terms & Conditions and agree to be bound by them and at that stage, a legally binding contract between you and UKC4H shall exist.
2.2 The person accepting these Terms & Conditions warrants that they have full legal authority to accept and enter into this contract with UKC4H on behalf of the Supplier/Principal and to legally bind the Supplier/Principal to the obligations herein, and there is no restriction known to the Supplier/Principal of any kind preventing them from entering into this contract with UKC4H.
3. UKC4H’s Obligations
3.1 UKC4H shall feature the Caravan Listing on the Website subject to payment of the Listing Fee and where applicable, the Commission, in accordance with these Terms & Conditions.
3.2 The Supplier/Principal accepts that the Website is merely an advertising portal permitting the Supplier/Principal to advertise its Caravan thereon and facilitating communication between the Supplier/Principal and Customers in relation to Caravan hire bookings. UKC4H accepts no liability in relation to the Caravan, any bookings made or any contract entered into between the Supplier/Principal and a Customer in relation to the provision of a Caravan. For all bookings, the Supplier/Principal’s contract will be with the Customer making the booking and in no circumstances shall UKC4H be a party to any contract with the Customer or between the Customer and the Supplier/Principal, nor shall UKC4H have any liability to either party in relation to any such contract.
3.3 UKC4H shall not be responsible for communicating with any Customers nor shall UKC4H mediate or assist with any disputes between the Supplier/Principal and Customers.
3.4 Where the Supplier/Principal elects to use the UKC4H’s Payment Platform, the Supplier/Principal hereby appoints UKC4H to act as its agent in relation to the collection of Customer payments and to provide Customers with a receipt for payments received and a booking confirmation on the Supplier/Principal’s behalf.
4. Application & Registration
4.1 In order to use the Website, the Supplier/Principal is required to apply to register with UKC4H by creating an online account on the Website and submitting brief details to UKC4H about the Supplier/Principal and the Caravan, including the Supplier/Principal’s name, address, email address, mobile telephone number and other contact details, as well as brief details of the Caravan(s). Where the Supplier/Principal is a company, the Supplier/Principal must also provide its full company name, registered office address, company registration number and country of incorporation. The Supplier/Principal is able to list more than one caravan, however each Caravan must have its own separate Caravan Listing and a Listing Fee will be payable for each Caravan Listing.
4.2 UKC4H shall consider the Supplier/Principal’s application and notify the Supplier/Principal of whether their application has been accepted. UKC4H reserves the right to decline an application for any reason whatsoever, entirely at its own discretion.
4.3 If UKC4H accepts the Supplier/Principal’s application, UKC4H will notify the Supplier/Principal and the Supplier/Principal must then complete a Caravan Listing for each Caravan being made available to hire on the Website, as well as complete the applicable Due Diligence checks and make payment of the Listing Fee.
4.4 Verification:the Agent shall send a verification letter to the UK home address provided by the Supplier/Principal in its listing application. The verification letter shall include a security code which the Supplier/Principal must input on its online account within 7 days of the date of the letter in order to verify the Supplier/Principal’s address. Failure to do so will result in the Supplier/Principal’s account and listing being suspended without any liability for a refund.
4.5 Payment: the Supplier/Principal must pay the applicable Listing Fee(s) which will be notified to the Supplier/Principal at the time of registration. Payment of the Listing Fee can be made using Paypal, bank transfer, cheque or such other payment method as is notified to the Supplier/Principal by the Agent from time to time.
4.6 In the event the Supplier/Principal fails to pay the applicable Listing Fee by the date stipulated to the Supplier/Principal, or in the event the Supplier/Principal fails to complete the due diligence checks to UKC4H’s satisfaction, UKC4H reserves the right to reject the Supplier/Principal’s application and delete their online account without notice.
4.7 Only mobile holiday homes are permitted to be listed on the Website. UKC4H reserves the right to refuse to list or remove any listing which includes accommodation that is not classed as a mobile holiday home which is defined as a mobile holiday home as a prefabricated structure, built in a factory on a permanently attached chassis. Structures attached to permanent foundations are not normally allowed, however UKC4H may approve certain accommodation fitting this description at its sole discretion. You must contact UKC4H for prior approval in these circumstances.
5. Caravan Listing
5.1 Upon acceptance of the Supplier/Principal’s application, the Supplier/Principal will be required to complete the Caravan Listing and submit this to UKC4H. It is the Supplier/Principal’s sole responsibility to complete the details of the Caravan on the Caravan Listing and warrants that it shall complete all details fully, accurately and without errors and that all details submitted shall be true, genuine, up to date and shall not be misleading in any way.
5.2 UKC4H shall not check the details for accuracy or errors and this remains the sole responsibility of the Supplier/Principal. In the event any details on the Caravan Listing become outdated or are no longer accurate for any reason whatsoever, or the Supplier/Principal becomes aware of any errors, it is the Supplier/Principal’s responsibility to amend all details and rectify all errors to ensure the Caravan Listing remains true, accurate and up to date at all times.
5.3 UKC4H reserves the right to require the Supplier/Principal to amend the details in the Caravan Listing for any reason whatsoever, or make certain minor amendments itself, without notice to the Supplier/Principal.
5.4 The Supplier/Principal warrants that all photographs submitted are a true likeness of the Caravan, its features, facilities and contents. In the event any photographs featuring on the Caravan Listing no longer show a true likeness of the subject matter, the Supplier/Principal shall remove or update the photographs without delay. UKC4H reserves the right to reject any photographs which are not of a good quality or which UKC4H has reason to believe are not a true likeness of the Caravan. The Supplier/Principal warrants that it holds all necessary consents and authorisations to allow UKC4H to publish any photographs provided to it by the Supplier/Principal either on the Website or as part of any other advertising material that UKC4H may publish from time to time.
5.5 The Supplier/Principal warrants and represents that it owns or otherwise is licensed to use the entire contents and subject matter contained in the Caravan Listing, including, without limitation, (i) the names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights; and (iii) any testimonials or endorsements contained therein.
5.6 It is the Supplier/Principal’s responsibility to ensure it advertises a price for the Caravan in the Caravan Listing. Approximate and guide prices are permitted provided they include all taxes, fees and non-optional extras relating to the Caravan and these are confirmed to the Customer before any booking is made.
5.7 The overview description section of a Caravan Listing may not contain the following information; text advertising a 3rd party website, text advertising a Caravan other than the one being advertised, text prompting a Customer to leave our Website, contact information such as email address or telephone number.
5.8 The photograph shown alongside the overview description may not contain any of the following information; telephone numbers, website links or promotional text. Only text describing the caravan name or business name may be included over the image for copyright protection purposes.
6. Listing Fee
6.1 Upon acceptance by UKC4H of the Supplier/Principal’s application, the Supplier/Principal must pay the Listing Fee to UKC4H in return for UKC4H displaying the Caravan Listing on the Website.
6.2 The Listing Fee is payable on an annual basis and the Supplier/Principal must ensure payment of the Listing Fee on an annual basis to continue being featured on the Website. Failure to pay the Listing Fee by the annual due shall result in the Caravan Listing being removed from the Website and termination of the contract between the Supplier/Principal and UKC4H.
6.3 Listing Fees are non-refundable in the event the Supplier/Principal chooses to remove the Caravan Listing from the Website and/or terminate its contract with UKC4H, for any reason whatsoever.
7. Intellectual Property
7.1 The entire copyright and any other intellectual property rights in the Website throughout the world shall be and shall remain the sole and exclusive property of UKC4H. The Supplier/Principal will not acquire any title, copyright or other proprietary rights in the Website.
7.2 As between UKC4H and the Supplier/Principal, all copyright and other intellectual property rights in the Caravan Listing shall belong to the Supplier/Principal.
7.3 Each party acknowledges and agrees that all Marks used by the parties, remain that party’s sole and exclusive property and subject to clause 7.4, nothing in these Terms & Conditions does or is intended to transfer ownership of any Mark to the other.
7.4 For the purpose of these Terms & Conditions, the Supplier/Principal grants to UKC4H a non-exclusive royalty-free licence for the term of this Agreement to use the Supplier/Principal’s Marks solely for the purpose of UKC4H performing its obligations under these Terms & Conditions.
7.5 The Supplier/Principal confirms that it owns all intellectual property rights in or otherwise has the legal right to use all information and material it supplies to UKC4H for the purposes of this Agreement (including for the avoidance of doubt and without limitation, all names, logos, text, photographs, video and images of any nature).
7.6 Each Party agrees that they shall not acquire any goodwill or rights to the other Party's Marks or brands.
7.7 The Supplier/Principal shall not, without obtaining UKC4H’s prior written consent use the names, Marks or logos of UKC4H or the Websitein any form of advertising, marketing or publicity (including but not limited to paid listings in search engines, meta tags, keywords, or links) or otherwise in connection with any PPC (pay per click) or SEO (search engine optimisation) activities. The Supplier/Principal agrees that unless expressly permitted to do so by UKC4H in writing, it shall do nothing which is intended to, or may, influence the results for internet searches involving UKC4H’s Marks or any other UKC4H names or trademarks (or those which are similar), which may prejudice the rights or interests of UKC4H.
7.8 The Supplier/Principal hereby permits UKC4H to use any photographs uploaded by the Supplier/Principal on other areas of the Website and in other marketing and promotional materials, as UKC4H sees fit, and entirely free of charge.
7.9 The Supplier/Principal acknowledges that all conversations between the Supplier/Principal and Customers made through the Website may be monitored and/or stored.
8. Supplier/Principal’s Obligations to Customers
8.1 The Supplier/Principal must ensure that the availability calendar for the Caravan in the Caravan Listing is and remains up to date at all times. It's the responsibility of the Supplier/Principal to ensure any “black-out” periods and confirmed bookings are shown within the availability calendar. Where the Owners uses the UKC4H Payment Platform, the Agent shall update the availability calendar once a booking confirmation is sent to the customer by the Agent.
8.2 Supplier/Principal must respond to any customer booking request within 48 hours of receipt indicating whether the customer’s booking request has been accepted or not. Where the booking has been accepted, a booking confirmation will be sent to the customer. In the event the Supplier/Principal fails to respond within the 48 hour time period, the booking request will automatically expire and be declined.
8.3 The Supplier/Principal must ensure it complies with all applicable laws and regulations in its dealings with Customers, including but not limited to those relating to data protection and direct marketing. In the event the Supplier/Principal sends Customers any marketing communications and alerts, the Supplier/Principal must only do so with the Customer’s explicit consent and must comply with any request from the Customer in the event they ask the Supplier/Principal to stop sending such communications.
8.4 It is the Supplier/Principal’s responsibility to fulfil the Customer’s booking in accordance with the Supplier/Principal’s contract with the Customer and ensure the Caravan is provided as detailed and in accordance with the Caravan Listing, including complying with the cancellation policy as specified in the Caravan Listing (in the event the Customer cancels their booking). UKC4H shall not be liable for any breach or failure by the Supplier/Principal to properly fulfil its contract with the Customer.
8.5 The Supplier/Principal will ensure that the Caravan is as detailed in the Caravan Listing, clean, in full working order and safe for occupation and use by Customers and all other third parties.
8.6 The Supplier/Principal certifies that the Caravan conforms to and complies with all applicable laws, regulations, licensing requirements and codes of practice, in particular those relating to hygiene, fire and the general safety and security of those using the Caravan.
8.7 The Supplier/Principal shall permit UKC4H’s representatives to inspect the Caravan at any reasonable time on request.
8.8 It is the Supplier/Principal’s responsibility to deal with complaints made by Customers relating to the Caravan and/or the Customer’s stay. Customers can register a guest account on the Website and use this to register a complaint directly with the Supplier/Principal. The Supplier/Principal must respond to the Customer’s complaint and any follow-up correspondence within 5 days of receipt of each correspondence. The Agent shall provide an online communication tool on the Website which can be used by the Customer and the Supplier/Principal to communicate with each other in relation to any complaints and resolutions to complaints. UKC4H shall not deal with any such complaint on behalf of either the Supplier/Principal or the Customer and will not arbitrate between the Supplier/Principal and Customer should either party refuse to deal with the other. However, UKC4H reserves the right to request details of any such complaint from either party for the purposes of monitoring Customer complaints and quality assurance. The Supplier/Principal remains liable for any refunds and/or compensation payments agreed with or awarded to Customers.
8.9 The rates offered to the Customer must include all taxes, charges, dues, fees, utilities and all other sums of whatever nature which relate to the Caravan.
8.10 All facilities and amenities included as part of the Caravan Listing must be in good working order and free to use unless otherwise expressly stated on the Caravan Listing.
8.11 The Supplier/Principal shall be responsible for dealing with all Customer communications and enquiries and, except where the Supplier/Principal has elected to use UKC4H’s Payment Platform (see clause 9), collecting the necessary payment from the Customer.
9. UKC4H’s Payment Platform
9.1 Where the Supplier/Principal elects to use the Payment Platform, UKC4H shall collect all payments from the Customer via the Payment Platform, in accordance with the following payment terms:
a) Caravan Hire commencing more than 56 days from the date of booking: £50 deposit at the time of booking followed by the balance payment no later than 42 days from the start date of the Caravan Hire;
b) Caravan Hire commencing 56 days or less from the date of booking: full payment at the time of booking.
9.2 Where the Supplier/Principal elects to use the UKC4H Payment Platform, the Supplier/Principal is prohibited from taking payment directly from the Customer or otherwise trying to circumvent or bypass the UKC4H Payment Platform.
9.3 Where the Supplier/Principal elects to use the Payment Platform, UKC4H is entitled to a service fee from Customers on all bookings made using the Payment Platform.. The amount of the booking fee will be entirely at the Agent’s discretion and responsibility for payment of the service fee shall rest with the Customer. The booking fee shall be shown as a separate charge.
9.4 In the event of cancellation by a Customer, the Agent shall be entitled to Commission at the agreed rate on any cancellation and/or amendment charges collected from the Customer.
9.5 UKC4H shall forward the Customer payments less UKC4H’s booking fee to the Supplier/Principal’s nominated bank account as follows:
a) Deposit payments: shall be held by UKC4H in its capacity as agent on behalf of the Supplier/ Principal and transferred to the Supplier/Principal one business day after commencement of the Caravan Hire;
b) Balance payments and payments in full at the time of booking: shall be transferred to the Supplier/Principal one business day after commencement of the Caravan Hire.
9.6 If a Chargeback is made against UKC4H in relation to the booking or hire of any Caravan, the Supplier/Principal shall be liable for and shall indemnify and keep indemnified UKC4H against all costs, charges or expenses arising from such Chargeback. If UKC4H is holding funds in respect of the Caravan hire booking to which the Chargeback relates or in respect of any other Caravan hire booking then UKC4H is expressly authorised to deduct an amount equivalent to the Chargeback plus any costs, charges or expenses in relation to such Chargeback from those funds.
9.7 In the event the Supplier/Principal cancels the Customer’s booking for any reason, the Supplier/Principal remains liable to the Customer for any refund or compensation (if any) payable to the Customer and shall indemnify and keep indemnified UKC4H against all costs, charges or expenses arising from such cancelled booking (including any refunded service fees). If UKC4H is holding funds in respect of the cancelled Caravan hire booking or in respect of any other Caravan hire booking then UKC4H is expressly authorised to refund an amount equivalent to the refund amount owed to the Customer without further recourse or liability to the Supplier/Principal.
9.8 Where the Supplier/Principal elects to use the UKC4H Payment Platform, and the Customer cancels for one of the reasons set out in the Customer Payment Protection Policy (as attached at Schedule 1 and as amended from time to time in the Customer Booking Terms) the Customer shall be entitled to a full refund. The Supplier/Principal remains liable to the Customer for any refund or compensation (if any) payable to the Customer and shall indemnify and keep indemnified UKC4H against all costs, charges or expenses arising from such cancelled booking (including any refunded service fees).
9.9 For the purposes of this clause, a business day shall mean a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
9.10 UKC4H shall have no liability to the Supplier/Principal for a Customer’s failure to make payment or failure to make payment on time.
9.11 In order to use the Payment Platform, the Supplier/Principal will need to read and accept UKC4H’s payment provider’s terms and conditions which will be made available to Supplier/Principal during the on-boarding process.
10. UKC4H’s Liability
10.1 The Supplier/Principal accepts that UKC4H cannot ensure that the Caravan Listing is visible in all browsers and versions of these browsers. UKC4H shall use its reasonable endeavours to ensure that the Caravan Listing is visible in the most commonly used internet browsers.
10.2 UKC4H does not guarantee the placing of the Caravan Listing in any specific location on the Website or the ranking of the Caravan Listing on the Website or in any search results on the Website.
10.3 In no event shall UKC4H be responsible for interruptions in the operations of, or access to, the Website resulting from events or circumstances beyond UKC4H’s control.
10.4 Without prejudice to any other provision in this Agreement, UKC4H’s entire liability to the Supplier/Principal arising out of or in connection with these Terms & Conditions, including without limitation breach of contract, misrepresentation (except where fraudulently made) and tort (including negligence but subject to clause 9.7), is limited to the Listing Fee paid by the Supplier/Principal under these Terms & Conditions in the preceding 12 months.
10.5 UKC4H expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to these Terms & Conditions and/or the Website, whether arising from any failure to publish the Caravan Listing in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if UKC4H has been advised as to the possibility of such damages.
10.6 UKC4H will use reasonable skill and care in performing its duties hereunder but subject thereto: (i) UKC4H hereby excludes any warranty, express or implied, as to the performance, quality, accuracy or fitness for a particular purpose of the Website; (ii) UKC4H will not be liable for any losses or damages arising, whether in tort (including negligence), contract or otherwise, directly or indirectly as a result of use of the Website including without limitation from any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to the Website; (iii) UKC4H makes no warranty that the contents of the Website are free from infection by viruses, worms or trojans or anything else that has contaminating or destructive properties; and (iv) certain links on the Website may lead to resources located on servers maintained by third parties over whom UKC4H has no control and UKC4H accepts no liability arising from access to or use of any material contained on those servers.
10.7 UKC4H does not limit or exclude liability for death or personal injury caused by negligence, fraudulent misrepresentation or anything else which cannot be excluded under applicable law.
10.8 UKC4H reserves the right at any time, without notice and without liability, to remove any Caravan Listing from the Website if it reasonably believes the Caravan Listing would or would be likely to put the Supplier/Principal in breach of these Terms & Conditions or would otherwise be detrimental to the interests, reputation or goodwill of UKC4H. Any such action shall be without prejudice to UKC4H’s other rights and remedies under these Terms & Conditions.
11. Term & Termination
11.1 The contract between UKC4H and the Supplier/Principal shall continue in full force and effect on an annual rolling basis, subject to payment by the Supplier/Principal of the Listing Fee. If the Supplier/Principal fails to pay the Listing Fee within 7 days of the renewal date, the Caravan Listing will be suspended and no longer displayed on the Website until such time as the Supplier/Principal pays the Listing Fee. In the event the Listing remains suspended for 12 months or more, UKC4H reserves the right to treat the contract as terminated and delete the Caravan Listing.
11.2 UKC4H shall be entitled to terminate the contract between the Supplier/Principal and UKC4H at any time and for any reason upon giving written notice to the Supplier/Principal.
11.3 In the event of any breach by the Supplier/Principal of these Terms & Conditions, UKC4H shall be entitled to immediately terminate the contract between UKC4H and the Supplier/Principal upon written notice to the Supplier/Principal, without any liability to the Supplier/Principal. Such termination shall be without prejudice to any other rights or remedies available to UKC4H.
11.4 UKC4H shall be entitled to immediately terminate the contract upon written notice to the Supplier/Principal where, in UKC4H’s reasonable opinion, there is any repeated or persistent failure by the Supplier/Principal to provide service of a sufficiently high standard to Customers.
11.5 The Supplier/Principal shall be entitled to terminate the contract between UKC4H and the Supplier/Principal upon giving written notice of termination to UKC4H.
11.6 Termination of the contract for any reason whatsoever shall result in deletion of the Caravan Listing from the Website from the effective date of termination. No refund of the Listing Fee shall be payable in any circumstances. Termination shall not affect any bookings made by the Supplier/Principal prior to the effective date of termination, such bookings being a separate contract between the Supplier/Principal and the Customer.
11.7 Termination of this contract for any reason will not affect the rights or liabilities accrued prior to termination or expiry, or any terms intended expressly or by implication to survive termination or expiry. For the avoidance of doubt the benefit of any indemnity given under these Terms & Conditions shall survive termination.
12.1 Without prejudice to its liability to indemnify UKC4H (and its employees), the Supplier/Principal shall, at its own cost, effect and maintain, at all times during the validity of this contract, with a reputable insurance company, comprehensive insurance to cover all risks relating to the Caravan and all risks arising out of the hire of the Caravan including(but not limited to) any liability for damages for the death, injury or illness of Customers, employees, agents, sub-contractors howsoever arising. The Supplier/Principal shall on demand provide a copy of all insurance policies and schedules to the same to UKC4H together with a copy of the receipt for the payment of the current premium. UKC4H will not check the policy documentation for suitability and it remains the responsibility of the Supplier/Principal to ensure that they are adequately insured at all times.The Supplier/Principal shall forward any renewal documents to the UKC4H upon request.
13.1 The Supplier/Principal agrees to indemnify UKC4H for the full amount of all claims, liabilities, demands, damages, expenses, losses, refunds, fines, costs (including all legal costs) and all other sums of whatever nature which UKC4H incurs, suffers or becomes responsible for as a result, directly or indirectly, of:
(i) any breach of these Terms & Conditions by the Supplier/Principal;
(ii) the publication by UKC4H of any Caravan Listing or other materials supplied by the Supplier/Principal;
(iii) any act and/or default of the Supplier/Principal;
(iv) any third party claim (including but not limited to Customer claims) received by UKC4H relating to the Caravan, the Caravan Listing or the Supplier/Principal.
13.2 This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of these Terms & Conditions.
14. Data Protection
14.1 In this clause, the following words have the following meanings:
a) Agreed Purposes: for Customers to make bookings for Caravan hire with the Supplier/Principal via the Website.
b) Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time.
c) Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended; any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
d) Permitted Recipients: The parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.
e) Shared Personal Data: the personal data to be shared between the parties under clause 14.2 of this agreement. Shared Personal Data shall be confined to the following categories of information relevant to Customers:
i. Name, address, email address, telephone number and any other contact details;
ii. Health/medical/mobility requirements.
14.2 Shared Personal Data.
This clause sets out the framework for the sharing of personal data between the parties as independent data controllers. Each party acknowledges that one party (the Data Discloser) will regularly disclose to the other party (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
14.3 Effect of non-compliance with Data Protection Legislation.
Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
14.4 Particular obligations relating to data sharing.
Each party shall:
a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
b) give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
c) process the Shared Personal Data only for the Agreed Purposes;
d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
f) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
g) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor complies with the provisions of Article 26 of the GDPR (in the event the third party is a joint controller) or Article 28 of the GDPR (in the event the third party is a data processor); and ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
14.5 Mutual assistance.
Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
a) consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
b) promptly inform the other party about the receipt of any data subject access request;
c) provide the other party with reasonable assistance in complying with any data subject access request;
d) not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
e) assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
f) notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
g) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
h) maintain complete and accurate records and information to demonstrate its compliance with this clause 14 and allow for audits by the other party or the other party's designated auditor.
15. Security Bond
15.1 All Customers may be required to provide a security bond, the requirement and amount of which the Supplier/Principal must indicate in the Caravan Listing. It is the Supplier/Principal’s responsibility to complete a full review of the condition of the Caravan before and after every booking, and to complete an inventory of contents/facilities in the Caravan.
15.2 The Supplier/Principal authorises UKC4H to administer the Customer’s security bond on your behalf, this will include collecting, holding and refund the Customer’s security bond , acting as an agent on your behalf. UKC4H shall hold the Customer’s security bond for a period of 5 days after the Customer’s departure, after which the security bond shall be refunded to the Customer without recourse to the Supplier/Principal unless the Supplier/Principal makes a claim in accordance with clause 15.3 below.
15.3 After a Customer’s departure, if the Supplier/Principal finds any damage, the Supplier/Principal must make a claim on the Customer’s security bond within 5 days of the Customer’s departure date. All claims must be made to UKC4H and must be supported by photographic and written evidence showing the damage caused, as well as receipts (where applicable) or written evidence signed by the Supplier/ Principal evidencing the costs incurred by the Supplier/Principal in repairing/cleaning the damage.
15.4 The Supplier/Principal must stipulate the amount of the cost. Provided the Supplier/Principal provides sufficient evidence in accordance with clause 15.3, UKC4H will then pay out the requested amount to the Supplier/Principal from the security bond, before refunding the remainder of the security bond (if any) to the Customer.
15.5 UKC4H will not assess any claim by the Supplier/Principal for validity, nor will UKC4H mediate between the Supplier/Principal and Customer in relation to any disputed security bond. UKC4H provides this service for convenience to both the Customer and Supplier/Principal only.
15.6 The Supplier/Principal warrants that it shall act in good faith in relation to its dealings with Customers and security bonds and that it shall only submit genuine and valid claims against the Customer’s security bonds.
16. Force Majeure
16.1 Neither party shall be liable to the other for any contractual default which they could not foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside the affected party’s or their Supplier/Principals’ control.
16.2 If either party is affected by Force Majeure it shall immediately notify the other party in writing of the matters constituting force majeure and shall keep that party fully informed of their continuance and of any relevant change of circumstances whilst such force majeure continues.The party affected by force majeure shall take all reasonable steps available to minimise the effects of the force majeure on the performance of its obligations under this contract.
17.1 If any provision of these Terms & Conditions is held to be invalid or void for any purpose, it shall for that purpose be deemed to be omitted from the Terms & Conditions. Such omission shall not affect or prejudice the validity, effectiveness or enforceability of the rest of the provisions of these Terms & Conditions.
18.1 The rights of UKC4H under this Agreement shall not be prejudiced or restricted by any indulgence or forbearance extended to the Supplier/Principal.No waiver of any breach operates as a waiver of any subsequent breach.
19.1 These Terms & Conditions may be varied at any time by UKC4H and all subsequent use of the Website will be governed by the newer version.
20. No Partnership
20.1 These Terms & Conditions shall not operate so as to create a partnership or joint venture of any kind between the parties. Neither party shall have any authority to make any commitments on the other party’s behalf.
21. Third Party Rights
21.1 The Terms & Conditions do not confer any rights on any person or party (other than the parties to these Terms & Conditions) under the Contracts (Rights of Third Parties) Act 1999.
22. Law & Jurisdiction
22.1 These Terms & Conditions and contract between the parties and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English Courts in relation to any disputes.
Schedule 1 – Customer Payment Protection Policy
Where you choose to make payment for your Caravan Hire via the Website’s online payment service ("Online Payment Platform") using your credit or debit card, you will benefit from our payment protection policy whereby you may be eligible for reimbursement of the amount you paid via the Online Payment Platform, in certain circumstances should you have to cancel your booking.
Our payment protection policy shall only apply in the following circumstances:
- Fraudulent Listing: the Supplier/Principal does not own or manage the Caravan, or the Caravan does not actually exist or the Caravan is not legally permitted to be rented.
- You are denied entry to the Caravan or otherwise cannot access the Caravan: You have paid for the Caravan Hire in compliance with these Terms & Conditions and any terms and conditions stipulated by the Supplier/Principal but you have been denied entry to the Caravan Hire as a result of intentional and wrongful conduct of the Supplier/Principal (which is deemed to include the Supplier/Principal’s bankruptcy, insolvency or fraudulent activity). You will not be covered for any delay in accessing the Caravan Hire during your rental period. You must notify us of this condition no later than the first day of your expected rental period.
- Park Closure: You cannot access the Caravan because it is sited on a park which is closed to guests for any part of your Caravan Hire.
- Non-Essential Travel Restrictions: You cannot access the Caravan because travel to the Caravan would breach government imposed travel restrictions.
- Misrepresented Caravan: the Caravan Hire has Significant Material Differences or Defects compared with the advertised Listing, and: (i) you are unable to rent the Caravan as intended; (ii) you describe and provide photographic evidence of the Material Differences or Defects; and (iii) you notify the Supplier/Principal and us of this condition no later than the first day of your rental period. The meaning of "Significant Material Differences or Defects" shall be determined in our sole discretion and, among other exceptions, it shall not cover cleanliness of the Caravan; minor maintenance issues with the Caravan; minor differences in the Caravan advertised and the actual Caravan; the presence or availability of local attractions; or maintenance issues with amenities or services.