Terms & conditions of hire

TERMS AND CONDITIONS OF SELF-DRIVE BOOKING AND HIRE

‘This Agreement’ is made between Happier Campers (Trading name of VanWurks Ltd) and the person/persons signing the Booking Form.

Happier Campers hires ‘the Van’ (including any replacement vehicle) to you subject to this ‘Rental Agreement’ which incorporates these ‘Terms and Conditions’ and the information and conditions contained on the ‘booking form’ that you completed and agreed online or completed and signed on paper.  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 ‘the Van’ and are not transferable by you.  You acknowledge that ‘the Van’ is owned by us and that any attempted transfer or sub-letting of ‘the Van’ by anyone other than us is prohibited and a criminal offence.   We permit you to use ‘the Van’ on the terms of this ‘Rental Agreement’ only.

Except where otherwise stated the following words have the following meanings in this ‘Agreement’:

“The Van” – This means the VW camper van hired to you under this ‘Agreement’ and as specified to you by us including all tyres, tools, accessories and equipment.

”You” – The person or persons signing ‘this Agreement’.

“The Agreement”, “The Rental Agreement” and “Terms and Conditions” – This ‘Agreement’ and any document expressly referred to in this ‘Agreement’ including an insurance document and self-drive booking form.

“Security Deposit” – The sum of £500 as detailed below paid by Bank Transfer, credit or debit card.

“Booking deposit” – agreed sum paid at the time of booking to secure the date.

“We / us” – Happier Campers (Trading name of VanWurks Ltd)

 

  1. Booking - The van hire ‘booking form’ must be completed online or sent to us with a non-refundable booking deposit (agreed at the time of the booking, and payable by bank transfer or credit/debit card). On receipt of the ‘booking form’, the signed ‘Terms and Conditions’ (or ‘Terms and Conditions’ confirmed as agreed online), completed insurance form, your deposit and receipt of written confirmation from us, this ‘Agreement?’ contract shall have effect. The balance of the hire charge (full charge less deposit) is due 28 days (4 weeks) before the start of the rental period.  A ‘Security Deposit’ of £500 is payable (by bank transfer or credit/debit card) in the week leading up to the collection of your van.
  2. Choice of Van - Although we want you to have ‘the Van’ of your choice, we must allow for unforeseen circumstances. We reserve the right to provide you with a suitable comparable or superior alternative, without notice, upon collection.  Should a substitute not be available upon collection, we will be responsible for a full refund of monies received by us.  All rights are reserved by us to refuse any hire if in our reasonable opinion you are not suitable to take possession of the vehicle. No refunds are payable on accommodation, or vans not being available where you change, cancel or seek to vary ‘the Agreement’ after departure.  We take no responsibility for any detention, delay, loss, damage that you might experience unless caused by our negligence.
  3. Cancellation - In the event of a cancellation the following applies:
    • Cancellations between the time of confirmed reservation and 28 days (4 weeks) before the rental period, the booking deposit is forfeited.
    • Cancellations between 28 days and 7 days of start of the rental period – a fee of 50% of the balance of the payable hire charge will be incurred.
    • Cancellations less than 7 days before the rental period commences – 100% of the total hire charges are forfeited. However, if we do manage to get another booking for the same van, 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 one year from receipt after which time the booking deposit is forfeited.
  4. 'Security Deposit’ - The £500 ‘Security Deposit’ is refundable on safe return of ‘the Van’, in the condition in which it left our premises subject to an inspection satisfactory to us. This must be paid to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to ‘the Van’ or the fixtures and fittings therein or the living equipment and windows, wheels, tyres etc included with ‘the Van’.  ‘The Van’ and all its equipment must be returned in good condition, with no damage to it, its contents or any third party property.   ‘The Van’ must be returned with the fuel refilled to its agreed pre-hire level.  Your ‘Security Deposit’ will normally be refunded within 5 days of the end of the rental period.  Should there be any damage or requirement for any repair, replacement or special cleaning, the costs will 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’.  If we are not holding your card information, then 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 long a period as is necessary to quantify the charges incurred which are to be deducted from the deposit.The £500 ‘Security Deposit’ will be used towards funding any loss or damage whatsoever to ‘the Van’, equipment, fixtures and fittings as well as payment for the insurance excess.Where the ‘Security Deposit’ is insufficient to cover the insurance excess and costs for damaged equipment, fixtures and fittings, living equipment and windows, wheels, tyres etc. included with ‘the Van’, you will pay any additional amounts due.  These will be invoiced as appropriate. 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.  With your signature below you agree you to pay all charges upon presentation of the invoice.
  5. Charges - If, on arrival to collect ‘the Van’, your licence is unacceptable due to endorsements or defacement, you will be unable to hire ‘the Van’ and no monies will be refunded to you. The charges stated on the rental invoice reflect your use of ‘the Van’ during the rental period and include basic hire charges, insurance, 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 Van’ during the rental period, and may include (but are not limited to) loss of or damage to ‘the Van’ and its contents during the rental period and/or until ‘the Van’ is examined, the insurance excess, refuelling service charge and fuel cost, any late return charge, any additional driver charge, any pet damage charge, extra cleaning charge and any road tolls or fines for charges arising from traffic or parking offences during the rental period.  All charges are subject to final calculation within 14 days of the end of the rental period. Parking/speeding fine durations.In some cases, we will incur additional charges if the drivers to be insured have traffic convictions, or are using a foreign driver’s licence or works in what our insurers consider to be a high risk occupation or is aged younger than 25 or older than 70, or has criminal convictions, or any physical or mental conditions which may inhibit driving, or has had an accident in the previous 3 years.  These charges will be passed to you and will be notified in advance.
  6. 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 1.5% per calendar month (30 days) on the outstanding balance and any collection costs incurred by VanWurks Ltd T/A Happier Campers, 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’.
  7. Payment by Credit Card - Where payment is paid by credit card, you agree that: a) we are irrevocably authorised to complete any documentation and to take any other action to recover from the credit card issuer all amounts due pursuant to ‘this Agreement’ in respect of the ‘Security Deposit’ and the hire charges payable; the open security payment. b) you shall indemnify and keep us indemnified against any loss incurred (including legal costs) by reason of notifying a credit card issuer of a dispute; c) we may process the credit 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 days after the completion of the ‘Rental Period’), you agree that we are entitled to obtain payment from the credit card issuer pursuant to the paragraph above (a) in respect of any amounts due which are not known at the time of cancelling.
  8. Insurance – ‘The Vans’ all have comprehensive insurance for the first and any other named drivers.  Insurance is only for ‘the Van’. The interior equipment and other items as specified in the ‘Van Handbook’ are not covered by the Insurance and any damage will incur costs in addition to the Excess.Failing to provide information may invalidate your insurance and render you liable for all losses howsoever sustained including claims by third parties.You must provide true and complete information for our insurers as requested on the booking and insurance form (paper form and online) at least 10 days before the hire period commences.  If you make your hire booking less than 10 days before the hire is due to commence, all information required by the insurance company must be provided at the time of booking.  This is to ensure that the insurance company can confirm they are willing to insure your chosen driver(s).  Failure to provide this information within the time specified may result in us being unable to proceed with your booking.Should you fail to provide the required information in time and your booking is cancelled as a consequence, our policy on cancellation fees as set out above applies.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 or breakdown caused by you, nor are we responsible for any loss from ‘the Van’. Our insurance policy protects us and any authorised driver against legal claims from any other person or for death or personal injury or damage to any other person’s property caused by use of ‘the Van’ on the road, on condition you report all such incidents to us during the rental period or on return of ‘the Van’ (and you are using ‘the Van’ within the ‘Terms and Conditions’ of ‘this Agreement’).  In the event that any third party suffers death, personal injury or damage to property caused by use of ‘the Van’ which involves a breach by you or any authorised driver 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.The insurance on ‘the Van’ is limited to 50% of cover for consequences resulting from fire due to cooking or heating.  In this instance you will be liable for the outstanding 50%.
  9. Insurance excess: Our insurers may increase the excess payable by you if you are under 25 or over 70, hold a foreign licence, have driving offences on your licence or have criminal convictions. We will inform you before the hire period commences of any increases in the excess the insurance company intends to make. For your information, this excess is usually set at about £800.If an insurance claim is made, you are responsible for a £500 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.The Insurance does not apply to windscreens, windows, wheels, tyres, the underside, the roof and the interior of ‘the Van’, towing charges, or where ‘the Van’ is driven off road or on unsurfaced roads or without due care and attention, negligently, recklessly or where the driver 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. In respect of windscreen damage a separate policy excess charge of £500 may be levied.
  10. Drivers’ Licence, Health and History - Drivers must be over 21 years of age and under 79, in good health and hold a full driving licence. “Good Health” means that you have no mental or physical disabilities which would interfere with your ability to drive, for example stroke/deafness/heart condition/diabetes/loss of limb/loss of sight in an eye/epilepsy.  In addition, you must not be taking drugs likely to affect your driving or drugs prescribed by a registered medical practitioner for treatment of drug addiction.You will need to have held a UK or European Union driving licence for at least three years. We will require the driving licence numbers and other identification information for all those who intend to drive, when you make your booking.  We will need to see the driving licences for all named drivers, plus two forms of address identification such as a recent utility bill (for each driver) on collection of ‘the Van’. We are also required to run a DVLA check on your license. This can be performed by you visiting the DVLA website to generate a ‘check code’.  A maximum of 3 drivers per rental is allowed by our insurers.  All drivers must be present on collection of ‘the Van’. You cannot drive away with ‘the Van’ without us having sight of your licences and ID documents.‘The Van’ must only be driven by you or any other person who has first been authorised by us, for whom you have provided the insurance, driving licence and personal identification information.  Failure to provide accurate information may invalidate the insurance and render you liable for all losses howsoever sustained including claims by third parties.You warrant that all information supplied to us in connection with ‘this Agreement’ is true and complete.In particular, on collection of ‘the Van’ you warrant that information supplied with the original booking has not materially changed, including but not limited to the number of points on a driver’s licence.
  11. Our Obligations - We will supply ‘the Van’ to you in good overall and operating condition, complete with all necessary documents, parts and accessories. You agree to return ‘the Van’ 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 the ‘Booking Form’ or sooner upon demand by us.  Failure to do so may result in further charges becoming due and payable by you.
  12. Condition - You and we will check the condition of ‘the Van’ at the start of the rental term and on return of the vehicle. You acknowledge receipt of ‘the Van’ which appears, upon visual inspection, to be in good, clean condition and sound working order on collection.    It is your responsibility to check ‘the Van’ for existing damage, upon collection of the vehicle and to inform us of such before you depart.
  13. Collection and Return - When you arrive to collect ‘the Van’, please ensure you allow at least an hour for us to show you around ‘the Van’, how to drive ‘the Van’, how to operate the cooker, roof, camping gaz, and other accessories and to brief you on our ‘Health and Safety Guidelines’.  We will also need to complete the paperwork in that time.  You will also need time to load your luggage into ‘the Van’.
  14. Return - Please return ‘the Van’ by the agreed time on the ‘booking form’. Please allow sufficient time to get back to our base so that you do not push ‘the Van’ too hard trying to get back in a hurry.  No van can be collected outside our normal business hours without prior arrangement. Out-of-hours collections can be arranged, when staff are available, for an extra £35. This charge is in addition to the agreed hire tariff.If you return ‘the Van’ outside normal business hours, you must comply with the out of hours return instructions, in which case you will remain fully responsible for ‘the Van’ until the return location re-opens for business.  If you fail to comply with these instructions, you will remain responsible for ‘the Van’ until we are able to access it.If at any time we have agreed that you may return ‘the Van’ to a place other than our premises, or if we have agreed to collect it, you will remain fully responsible for ‘the Van’ until it is collected by us or the designated recovery company.  You are responsible for any costs incurred in returning ‘the Van’ to our workshop should you abandon the vehicle.We will not refund the hire charge if ‘the Van’ is returned prior to the return date due to weather, personal circumstances or any other reason whatsoever.
  15. Late Return - If ‘the Van’ is returned to our base later than the agreed time, without our prior agreement, £35 per hour will be payable. You will also be affecting the holiday of the next person to hire ‘the Van’.  Should the late return of ‘the Van’ 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 signing ‘this Agreement’ 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 Van’ being unavailable for hire (remove?). No refund is given for early return of the vehicle.
  16. Cleaning - You agree that we are entitled to charge you an additional cost, if ‘the Van’ requires more than our standard cleaning on its return, to restore it to its pre-rental condition, allowing for fair wear and tear.
  17. Occupying ‘the Van’ - You must inform us on the ‘booking form’ or subsequently in writing 7 days before the start of the rental period of the names and ages of all the people who will occupy ‘the Van’ during your stay. Failure to do so will be a breach of these ‘Terms and Conditions’ and may invalidate insurance.
  18. Good Driving (suggestions for an enjoyable ride) - Keep the speed down, ‘the Van’s’ top speed is 50 mph – our Classic VW campervans were built in the 1970s when vehicles were very different! You will find the gears and brakes very different to modern cars and it is advisable to leave lots of space and allow lots of time for braking and gear changing.   Don’t let ‘the Van’ struggle up hills, better to change down and keep the revs up.
  19. Engine Care - If there is damage or breakdown caused by your own actions, you will be liable for the cost of repair/replacement. This could be such things as pushing the engine too hard, or putting diesel in a petrol engine or vice versa, or burning out the clutch.  This list is not exhaustive. You must take all reasonable and practicable steps to properly and safely maintain the camper including regular checks on; batteries, engine oil and other gauges, bulbs and tyre pressures and condition when driven more than 500 km, refilling or replacing as necessary.   If you cause damage to the engine through driving too fast (over 50 mph) over too long a period of time, and ignoring the warning lights, you will be liable for any repairs required or even the cost of a replacement engine.
  20. Tyres - You agree that the tyres on ‘the Van’ are visibly sound and appear within legal limits. Any damage or repair to tyres is the responsibility of you, 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, in which case we may reimburse you. For any reimbursement you must: a) Return the defective tyre to us for inspection and return; b) Produce appropriate receipts; and c) Accept the decision of the manufacturer as to whether reimbursement is made.
  21. Health and Safety - You must follow the ‘Health and Safety Guidelines’ when operating ‘the Van’ and its appliances and using any equipment in ‘the Van’ or tent. The instructions for using ‘the Van’ and its accessories and facilities including the ‘Health and Safety Guidelines’ are provided to you upon receipt of ‘the Van’ verbally and are to be found in the ‘Van Handbook’ in ‘the Van.
  22. Seat Belts, Booster and Baby Seats - You must carry only as many passengers as there are seat belts in ‘the Van’.  Passengers travelling in the buddy seats do so at their own risk.  You are legally responsible for obtaining and using a child or baby seat.   For each child under 135cm or under 12 years of age you must use a booster seat or baby seat as appropriate.  For further info, visit www.gov.uk/child-car-seats-the-rules.  Van comes with 4no seatbelts.
  23. Dos and Don’ts - You agree that you shall not:
    • Carry more passengers than the seat belt capacity of ‘the Van’,
    • Carry more passengers than the seat belt capacity of ‘the Van’,
    • Tow or push any vehicle, trailer or other object,
    • Drive off road, on unsurfaced roads or on roads unsuitable for the vehicle,
    • Drive when it is overloaded or when loads are not properly secured,
    • Use ‘the Van’ for any illegal purpose, or carry any object or any substance which is illegal or, because of its condition or smell may harm ‘the Van’ and/or delay our ability to rent ‘the Van’ again,
    • Damage ‘the Van’ by submersion in water or contact with salt water, don’t drive on the beach,
    • Take part in any race, rally, test or other contest, drive or park in contravention of any traffic or other regulations,
    • Drive or allow to ‘the Van’ to be driven in restricted areas including, but not limited to, airport runways, airport service roads, and associated areas,
    • Undertake driving training activity or put ‘the Van’ through a rotary car wash.
  24. Extent of Hire - We would ask that you remain within the North West of England, within a 120 mile radius of Happier Campers HQ, during your hire period, however if you would like to go farther afield, please let us know and we will consider your request.
  25. Fuel - On collection, we will agree the fuel level with you. You need to return ‘the Van’ refilled to that same level at the end of the hire. An administration charge of £25, plus the cost of the missing fuel will be deducted from your ‘Security Deposit’ if ‘the Van’ is returned with missing fuel.  The campervans take unleaded petrol. It is your responsibility to keep the fuel tank topped up during your hire. Refer to the handbook for fuel type.
  26. Camping gaz/batteries Camping Gas is provided for the cooker.  The light/torch is battery operated. 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.
  27. Smoking - It is illegal to smoke inside ‘the Van’ or awning/tents. You will be liable for any damage caused to ‘the Van’, the awning/tent or their contents through smoking.
  28. Pets - We welcome pets. We charge £25 per hire.  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 Van’.  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 in ‘the Van’ at all times.  Pets must never be left alone or unsupervised in ‘the Van’.  Use of seatcovers, small dogs. Vehicle dependant. Prior arrangement required.
  29. Keys - In 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 hire period.  You must lock ‘the Van’ at all times when not in use.
  30. Your Car - During the period of the hire you may park your car at our premises 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.
  31. Prohibited use of ‘the Van’ - You are authorised to drive ‘the Van’ on the ‘Terms and Conditions’ of ‘this Agreement’ including, at all times, to use ‘the Van’ in a responsible manner. If you do not comply with these ‘Terms and 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 Van’ at any time, and at your expense, if you are in breach of ‘this Agreement’.  You must look after ‘the Van’, make sure it is locked, secure and parked in a safe place when not in use.  You must remove and keep in a safe place any removable radio and/or radio/CD face plate when ‘the Van’ is unoccupied.  You must use seat belts, child seats and other child restraints as appropriate and required by law.
  32. 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 Van’, 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 Van’ 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 Van’, 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 Van’ 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 in- car entertainment equipment – cover for these items is not provided by our insurers.
  33. Breakdown - If you have any difficulties report these immediately to us. In the event of breakdown, recovery or repair services will be provided.  All ‘the Vans’ have AA relay.  If you incur any minor repair bills (reasonably incurred rectifying mechanical failure to the drive train and engine of the vehicle) we will reimburse you up to £50.  This will not include repairs to audio equipment.  Just produce your valid VAT receipt on the completion of your hire (provided the hirer was not directly responsible for any damage).  Repairs costing in excess of £50 must be authorised by us PRIOR to the work being undertaken.A replacement van may be offered but this will be subject to availability.  Where a replacement is not available we will be liable for refunding your hire charge for any days you lose the total use of the vehicle. Where we are able to provide a replacement vehicle, you will need to return to our premises, preferably with the AA Relay service returning your original ‘Van’, to collect a replacement vehicle.   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 hire.  If you have broken down you must remain at a safe distance from ‘the Van’ until the AA Recovery Vehicle arrives.  You may not abandon ‘the Van’ at the roadside.  You must hand over the keys to the authorised AA Recovery Vehicle Driver.  If you abandon ‘the Van’, we will deduct any transport and labour costs incurred in returning ‘the Van’ to our premises and any costs arising from loss or damage to ‘the Van’ whilst it is unattended from your ‘Security Deposit’.
  34. Accidents, theft and vandalism - You must, where possible, report any traffic accident involving ‘the Van’ to the police (and us) immediately and report loss, damage or theft involving ‘the Van’ to the police (and us) within 24 hours of the incident or discovery of the incident.  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, car registration numbers, together with all the details of the accident, time, place, how it came about, damage to vehicles etc.  If you have a camera, take photos of the scene.  Please do not move the vehicles before the police arrive, as long as keeping them in situ is a safe thing to do.An accident or theft report form must always be completed and submitted to us when you return ‘the Van’ or within 3 days of return of ‘the Van’, containing all the above information, plus diagrams if possible.  In the event of theft, you must return the keys to us where 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 Van’.
  35. Return of items left in ‘the Van’ - We will be happy to return your belongings left in ‘the Van’ at an administration charge of £10 plus postage for each item.  This will be deducted from your ‘Security Deposit’ or invoiced as necessary.
  36. Your Liabilities - You are personally liable for all road tolls, fines and legal penalties (e.g., parking tickets, speeding) which are incurred during your period of hire.  Any charges subsequently notified to us, will be immediately communicated to you for payment within their terms. By signing (or confirming online) ‘this Agreement’, you accept this. 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 are liable for any damage above cab height – you are fully responsible for damage caused by failure to assess the height of ‘the Van’ and striking overhead or overhanging objects.   Bike racks. You will indemnify us against any liability, caused by damage to overhead or overhanging objects and subsequent damage to third parties and their property.  You will also be responsible for any damage to third parties and their property that arises through your negligence; for example and without limitation: damage caused through loaded luggage.You must use ‘the Van’ 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.
  37. 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 Van’, 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 in returning ‘the Van’ to our base.    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.
  38. Our Liability to You - We 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. 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 Van’ 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 Van’ for the period agreed?
  39. 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 hire or collection (and which are available to view at our base). In the event of any inconsistency between these ‘Terms and Conditions’ and any other of our literature, whether found 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’.
  40. Personal Data - When you book your ‘Van’, 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 Van’ and insurance 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.  Where you have opted in on our ‘booking form’, 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 either using the “unsubscribe” link on the email correspondence, telephone or post.  We reveal your identity information to our insurance company.  We will not sell your information to another company.
  41. 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.

                             

                            Health and Safety Guidelines

                            Below is an outline of our ‘Health and Safety Guidelines’.  You will be given more detail about health and safety when you collect ‘the Van’.  Our ‘Van Handbooks’, which reside in each campervan, also provide details of health and safety guidelines for driving the vans, and using the van facilities, etc.   We suggest you read our ‘Van Handbook’ once you have collected your van as, in addition to the health and safety considerations, they provide useful information about your van and its facilities.

                            Our Premises When you arrive at our premises to collect your van, please keep your children supervised at all times.  We try to ensure your van can be parked outside, next to your car where possible when you arrive, to facilitate meeting your van and loading your luggage. Please only park in front of our premises, and do not block road access.

                            General Safety Please take all precautions to protect your own health and safety and that of anyone else in the campervan or tent, including the health and safety of persons not in your party that may be affected by your conduct and actions. Do not leave your children unattended in the campervan or tent at any time.  Ensure a responsible adult is in the vehicle at all times when the appliances are being used.   Ensure you are aware of the location of safety equipment such as the fire extinguisher (under front passenger seat).

                            Fire, accidents, breakdown, etc See our ‘Van Handbook’, provided in the van.  You will also be given verbal instructions when you collect the van.  It is imperative that you and your party are familiar with these instructions.

                            Health and Safety at Campsite When you arrive at each Campsite, ensure you familiarise yourself, and all members of your party, with the health and safety arrangements applicable on the site.  It is imperative you are aware of the following:

                            Fire – to include assembly point, systems for raising the alarm, etc.

                            First Aid – location of the first aid box, details of the first aiders, etc

                            Accident Reporting.

                            Seat Belts You must carry only as many passengers as there are seat belts in the van and ensure all passengers are strapped into the seatbelts when the vehicle is moving.  Passengers travelling in the buddy seats do so at their own risk.  You are legally responsible for obtaining and using a child or baby seat.

                            Roof Please remember to strap the roof down before driving anywhere.   Please only raise the elevating roof when the vehicle is stationary – the ignition is switched off, the hand brake is on and you are parked on level ground.  Please always ensure the elevating roof is down and strapped into place before moving off.

                            Roof Rack If you are using the roof rack, we cannot accept responsibility for any injury to yourself or anyone else, or loss or damage to your own or anyone else’s property.  If you do decide to put something on the roof rack, it is your responsibility to secure it well and to take the objects on and off, being mindful of the risks involved in lifting large or/and heavy items.

                            Use of Appliances and Equipment Ensure you read the instructions for the use of the appliances and facilities in the campervan before using any of them.  You will have been told how to use these when you collected the van.  The instructions are to be found in the ‘Van Handbook’.  Please exercise caution at all times when using the appliances and facilities.

                            Ensure the gas is turned off at the gas cylinder at all times when the cooker, is not in use.  Please ensure all the appliances are switched off and the gas is turned off at the cylinder before retiring at night and before driving.  To turn the gas off at the cylinder, turn the black knob on the regulator clockwise.  Turning this black knob anti clockwise turns the gas on.  Only use the appliances and facilities whilst the vehicle is parked on level ground, with the handbrake on.  Before starting to drive the van, always ensure the electrical supply is disconnected.

                            Use of a disposable BBQ Do not use any disposable BBQ in the campervan or awning and keep it at a distance of 3 metres from the awning and van when used.  Please seek permission before using a disposable BBQ on someone’s land, be it a campsite or a farm.

                            Towing Towing with the campervan is prohibited.  Tow bars are provided for use inconjunction with cycle rack only (hired by us)

                            Driving After the power steering and ABS of modern cars these vans are a totally different driving experience.  You are driving something that was designed in the 60s and built in the 70s.  Please bear this in mind and relax into a different pace of life.  The top engine speed for these vans is 50 mph!!!  Please allow ample time for all your journeys.  As your vehicle does not have ABS, please leave lots of space, be vigilant on the road and allow more time for braking and gear changing.  The van does not have the capability to accelerate out of any situation, so again, drive carefully and remain extra vigilant, being aware that this is a totally different driving experience!

                            Please do not drive or operate anything in the vehicle when you are under the influence of drink or drugs or any medication that may cause drowsiness.

                            Finally

                            We ask that you exercise caution at all times in the use of the campervan and its equipment, following instructions (given verbally on collection and provided in your ‘Van Handbook’) where appropriate.  Please do not hesitate to contact us (0161 6374882) if you are unsure about how to operate anything.  VanWurks Ltd T/A Happier Campers cannot be held responsible for any customer negligence where instructions have not been followed, or where unauthorised equipment has been used.