1.1 In these conditions the following words have the following meanings:
“Contract” means the contract which incorporates these conditions and made between the Customer and the Supplier for the hire of
“Customer” means the person named in the Contract who is hiring the Equipment;
“Deposit” means any advance payment required by the Supplier in relation to the Equipment which is to be held as security by the Supplier;
“Equipment” means the equipment specified in the Contract which is hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Equipment on hire (including Saturdays Sundays and Bank
Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Equipment by the Customer into the
Supplier’s possession; or (ii) the physical repossession or collection of Equipment by the Supplier; or (iii) the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5;
“Rental” means the Supplier’s charging rate for the hire of the Equipment which is current from time to time during the Hire Period;
“Supplier” means La Fuga and will include its employees, servants, agents and/or any duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of
Equipment including any delivery and/or collection service for the Equipment.
“Working Days” means all days other than Saturday, Sunday and public holidays.
2 BASIS OF CONTRACT
2.1 The Equipment is hired subject to being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due to circumstances beyond the Supplier’s control.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
3.1 The Customer shall pay the Deposit (if any), the Rental, and charges for any Services to the Supplier at the time and in the manner stated in the Contract.
3.2 The Supplier’s prices are, unless otherwise stated, inclusive of any applicable VAT.
3.3 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Equipment as a form of deposit, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
3.4 Full payment of the Rental will be required at time of booking. Cancellation of the Contract is subject to the conditions presented in Section 9.
3.5 If the Customer has failed to return the Equipment at the end of the Hire Period the Supplier may charge the Customer the full
replacement cost for the Equipment.
4 RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the Equipment will pass to the Customer when they are collected or received by the Customer, unless the Customer has arranged for delivery in which case risk in the Equipment shall pass to the Customer when they leave the physical possession or control of the Supplier.
4.2 Risk in the Equipment will not pass back to the Supplier from the Customer until the Equipment is back in the physical possession or control of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Equipment remains at all times with the Supplier. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer.
4.4 The Customer must not deal with the ownership or any interest in the Equipment. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. The
Customer may not re-hire the Equipment to a third party without the prior written consent of the Supplier.
4.5 The Supplier may provide reasonably priced insurance in respect of the Equipment at an additional cost to the Rental. Please find our insurance options here: La Fuga Travel Insurance
Alternatively the Supplier may require the Customer to insure the Equipment on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Equipment shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Equipment and/or any associated insurance without the Supplier’s written consent.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Equipment from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Equipment to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Any delivery date quoted by the Supplier will be an estimate only and is neither guaranteed nor an essential term or condition of this Contract.
6 CARE OF EQUIPMENT
6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them and shall take reasonable care of the Equipment and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Equipment;
6.1.3 take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Equipment;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Equipment including procuring access to any property where the Equipment is situated;
6.1.6 keep the Equipment at all times in its possession and control and not to remove the Equipment from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any
6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related
to the Equipment;
6.1.9 not continue to use the Equipment where it has been damaged and will notify the Supplier immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person; and
6.2 The Equipment must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all user manuals relating to the Equipment.
7 FAULTY EQUIPMENT
7.1 The Customer must not repair or attempt to repair the Equipment.
7.2 It is the Customer’s responsibility to inspect the Equipment immediately upon receipt and inform the Supplier of any damage or faults.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Equipment during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Equipment. The Supplier may at its option choose to replace the Equipment if the cost of repair is not economically viable.
7.4 The Supplier shall not be liable to repair or replace the Equipment in the event of a fault that is caused by the Customer, including but not limited to the Customer’s failure to use the Equipment in accordance with the operating instructions supplied with it or the Customer’s failure to comply with any instructions given to it by the Supplier.
7.5 If the Equipment is unusable due to an inherent fault the Customer will be granted a Rental credit in respect of the period between the date on which it notifies the Supplier of the fault and the date of repair or replacement.
8 LOSS OR DAMAGE TO THE EQUIPMENT
8.1 If the Equipment is returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Equipment the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire.
8.2 The Customer will pay to the Supplier the replacement cost of any Equipment which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with this Contract.
8.3 The Customer shall pay the Rental for the Equipment up to and including the date it notifies the Supplier that the Equipment have been lost, stolen and/or damaged beyond economic repair.
9.1 The Customer shall have the right to cancel the Contract without penalty by giving written notice to the Supplier more than 30 days before the Hire Period is due to commence.
9.1.2 Where the Contract is cancelled between 15 and 30 days of the commencement of the Hire Period, the refund of 50% of the Rental shall be forfeited.
9.1.3 Where the Contract is cancelled less than 15 days before the commencement of the Hire Period, the total amount of the Rental shall be forfeited.
9.1.4 These conditions shall equally apply to partial cancellations.
9.3 Notwithstanding notice of termination from Customer, the Hire Period will only end when the Equipment is returned to or repossessed by the Supplier, or the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5.
10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
10.1.3 is rude, abusive or threatening to the Supplier’s directors or employees;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Equipment or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
10.1.6 appears reasonably to the Supplier to be about to suffer any of the above events
then the Supplier may immediately cancel, terminate and/or suspend the Contract by written notice to the Customer.
10.2 Any repossession of the Equipment shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract.
10.3 Upon termination of the Contract the Customer shall immediately:
10.3.1 return the Equipment to the Supplier or make the Equipment available for collection by the Supplier as requested by the Supplier; and
10.3.2 pay to the Supplier all arrears of Rentals and Charges for any Services.
11.1 Upon termination of the Contract the provisions of Sections 3, 4, 6 and 8 shall continue in full force and effect.
11.2 All third party rights are excluded and no third parties shall have any rights to enforce the Contract.
11.3 This Contract is governed by and interpreted in accordance with English law and the English courts have exclusive jurisdiction in relation to any dispute arising out of or in connection with this Contract.