Terms and Conditions for use of Carefree Campers Platform and arrangements between Owners and Hirers.
These Terms and Conditions
These Terms and Conditions (comprising these Terms and Conditions and the Schedule) are the Terms and Conditions which apply to all Users of the Carefree Campers Platform in relation to their use of the Website and any arrangements made through the Platform, including any Hire Agreement.
Terms used in these Terms and Conditions
In these Terms and Conditions and the Schedule the following terms have the following meanings:
Accident: an unintended and unforeseen collision between the Carefree Campers Campervan and any other object, including another Vehicle, which results in Damage or Third Party Loss.
Authorised Driver: any driver of the Campervan notified in accordance with the booking procedure on the Platform and approved by the Owner in writing prior to the start of the Rental Period;
Booking Form: a document issued by the Owner to the Hirer setting out specific terms relating to the Hire of their Campervan.
Campervan: an Owner’s campervan, motorhome or other recreational vehicle or other item as set out in the Owner’s Listing;
Carefree Campers or We or Us: Carefree Campers Limited, UK company number 11510820 whose registered office is at 3 Appleby Gardens, Dunstable, England, LU6 3DB;
Carefree Campers Platform or Platform: the website operated by Carefree Campers Limited at www.carefreecampers.com/;
Comprehensive Insurance Policy or Policy: comprehensive insurance cover for the Hirers to drive the Campervan covered by Hire Agreement.
Damage: any damage to a Campervan including its parts, components and accessories including any Loss of Use which is calculated on a daily basis at the daily rate shown in the Tax Invoice because the Campervan is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Damage Log: is a record kept by the Owner that can be shared with the Hirer of any existing damage that has been caused to the Campervan.
Dispute Resolution Policy: the policy by which disputes are handled between Owners and Hirers of Campervans booked through the Platform.
Hire Agreement: an agreement entered into between an Owner and a Hirer relating to the hire of a Campervan;
Hirer or Hirers: anyone who uses the Platform to hire a Campervan;
Listing or Listed: information listed by an Owner on the Platform;
Booking Fee: the fee payable by an Owner or Hirer to Carefree Campers for the use of the Platform.
Outstanding Charges: any Rental Charges not already paid at any relevant time together with any additional fees, charges and liabilities incurred by the Hirer including but not limited to late return fees.
Owner or Owners: anyone who uses the Platform to list any information relating to their Campervan;
Rental Charges: the charges payable under a Hire Agreement in relation to a Campervan for a Rental Period as indicated on the relevant Listing, together with any VAT payable and any other taxes and levies;
Rental Location: the location from where the Campervan is collected and returned.
Rental Period: the period of hire of a Campervan under a Hire Agreement;
Rental Checklist: the form on the Platform that list of things to check off before taking receipt of the Campervan.
Schedule: the schedule attached to these Terms and Conditions, as amended by Carefree Campers from time to time;
Security Deposit: the security deposit payable by a Hirer to be held by Carefree Campers;
Sealed Road: a road sealed with a hard material such as tar, bitumen or concrete;
Tax Invoice: a document issued by Carefree Campers to the Hirer setting out costs, dates and applicable terms relating to the Hire Agreement as specified on the Platform.
Third Party Loss: loss or Damage to third party property, including other motor vehicles and any claim for Third Party Loss of income;
User or Users or You or Your: any Owner or Hirer;
Use of the Platform by Users
Users must comply with these Terms and Conditions and with any other requirements set out in the Schedule or elsewhere on the Platform regarding use of the Platform.
Users agree that these Terms and Conditions and the Schedule will apply to any Hire Agreement entered into between an Owner and a Hirer.
Role of Carefree Campers
Carefree Campers provide the website (www.carefreecampers.com) as a Platform to enable Owners to list information and to enable Owners and Hirers to enter into Hire Agreements.
Owners agree to appoint Carefree Campers as their Agent to provide the services provided by Carefree Campers on their behalf as set out on the Platform.
Users accept that Carefree Campers is not a party to any Hire Agreement and will have no liability to any Owner or Hirer arising out of its provision of the website as a Booking Platform, or out of any services provided by it in relation to the hire of any Campervan.
Carefree Campers do not exclude or limit in any way liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Listings
Owners are solely responsible for the content of their Listing on the Platform, and will comply with any instructions set out in the Schedule or elsewhere on the Platform regarding their Listing.
Obligations of Owners and Hirers in relation to booking of Campervans using the Platform
Users will comply with any instructions set out in the Schedule and elsewhere on the Platform regarding the procedures relating to any Hire Agreement between an Owner and a Hirer.
Owners will be responsible for ensuring that their Listed Campervans comply with any requirements set out in the Schedule or elsewhere on the Platform.
Owners shall pay Carefree Campers a Booking Fee of 10% plus VAT of the amount of any Rental Charges.
Carefree Campers may deduct any Booking Fee from Rental Charges received by it in relation to the relevant Hire Agreement.
Users will comply with Carefree Campers’ policies as shown on the Platform.
Breaches
The Hirer will be liable for any loss caused as a result of the Hirer’s breach of these Terms and Conditions, including without limitation any Damage or Third Party Loss.
If the Hirer or any Authorised Driver commits a material breach of these Terms and Conditions in a way that causes Damage or Third Party Loss, or drives the Campervan in a reckless manner so that a substantial breach of any UK laws, rules, regulations and other requirements of UK regulatory authorities, or equivalent has occurred, the Owner (or Carefree Campers as the Owner’s agent) may terminate any Hire Agreement immediately without notice and the Owner (or Carefree Campers as the Owner’s Agent) may take immediate possession of it if a material breach has occurred.
Governing Law
These Terms and Conditions are governed by English law and Users agree that courts in England and Wales have exclusive jurisdiction to determine any dispute that arises between them and Carefree Campers.
Dispute Resolution Policy
We welcome every opportunity to resolve any concerns you may have with the service from Carefree Campers. Where an issue is identified by the Hirer or Owner of the Campervan, in the first instance the Hirer or the Owner should raise the issue with the other party, (the Hirer or the Owner). Where the issue cannot be resolved between the two parties, either party may contact Us to discuss their concerns. Your concern will be investigated by a representative from Carefree Campers with full authority to deal with the complaint. We will inform you of the outcome within 15 working days of receiving your letter or email.
Each party must bear its own costs of resolving the dispute under this clause and, unless the parties otherwise agree, the parties must bear equally the costs of any mediator engaged for that purpose.
Schedule to Terms and Conditions
Listings
Listings of any Campervan must include the following:
The Rental Charges for hiring the Campervan.
Dates on which the Campervan is available for hire.
Detailed and representative photos of the inside and outside of the Campervan.
A full inventory of everything that is included in the Campervan.
Carefree Campers may request any further information it requires to see included in any Listing, and reserves the right at any time for any reason to decline to accept any Listing or to remove any Listing.
Requirements applicable for all Listed Campervans
All Campervans must be registered in the Owner’s name or a registered UK Company that they have written permission from to offer the Campervan for Hire.
All Campervans must be covered by a Comprehensive Insurance Policy that provides:
Indemnity for the market value of the Campervan;
Indemnity for Third Party Loss;
Includes cover for use of the Campervan by a Hirer; and
A public liability policy that provides cover for at least £2 Million per claim.
The Owner must provide a certificate of insurance to the Hirer evidencing the cover required above and their insurance cover to drive the Campervan for the duration of the Rental Period.
Owners must also take out and maintain statutory or compulsory insurance cover for claims involving personal injury or death and ensure that their Campervan is fully registered for use by a Hirer.
All Campervans must:
be registered with the DVLA, insured for the Hirer to drive, legal to drive on UK roads, roadworthy, in a good operating condition and cleaned in line with our COVID-19 Policy.
have a fully functional smoke alarm (if the Campervan has an indoor kitchen);
have a fire blanket;
have a fully functional fire extinguisher;
have a first aid kit; and
have a valid Gas Safe® Certificate
any gas bottles must be in good condition and in date.
Carefree Campers’ responsibilities as Agent for an Owner
Carefree Campers will check all Hirers to ensure they have a current and valid driver’s licence.
Procedure for entering into a Hire Agreement
Owners are responsible for ensuring that the dates on which their Campervans are available for hire are correctly stated in their Listings.
A Hirer may make a provisional booking of a Listed Campervan by completing the Booking Form on the Platform against a Campervan Listing, including the Rental Period for when the Campervan is required.
A Hirer may cancel a provisional booking at no cost by emailing cancelations@carefreecampers.com at any time before a booking is confirmed. At the point of confirmation a binding Hire Agreement comes into effect.
On making a provisional booking the Hirer shall pay the Rental Charges and the Security Deposit for the Campervan for the proposed Rental Period as shown on the Listing and recorded on Tax Invoice issued by Carefree Campers as Agent for the Owner using the credit card/payment gateway. The Rental Charges and Security Deposit will be returned to the potential Hirer if no Hire Agreement is subsequently entered into.
Potential Hirers shall provide their driving licence details to Carefree Campers by sending a DVLA licence sharing code from the DVLA website www.gov.uk/view-driving-licence by email to bookings@carefreecampers.com. We shall provide a copy of this information to the Owner to satisfy itself that the potential Hirer has a current and valid driver’s licence.
Carefree Campers may ask the potential Hirer for any further information to satisfy itself as to whether to notify the Owner of the provisional booking, and may decline to do so for any reason.
Unless Carefree Campers has declined to notify the Owner, within two working days of any provisional booking being made, the Owner will confirm the booking through the Platform. The Owner will then have two working days (or if later, two working days after it has been sent a copy of the potential Hirer’s driving licence) to decide whether to accept the booking, during which time the Owner may make enquiries about the Hirer.
If within two working days of the provisional booking being made the Owner has not declined the booking, by notifying Carefree Campers in writing against the provisional booking, a binding Hire Agreement shall be deemed to have come into effect subject to Carefree Campers having received the Rental Charges and Security Deposit.
Carefree Campers will issue an appropriate invoice to the Hirer for the Rental Charges.
Some Owners who offer separate insurance policies for their Campervans and may ask the Hirer to make a Damage Deposit payment to them to ensure they are compliant with their policy supplier. This transaction will take place outside of the Carefree Campers Platform.
If the Owner operates a commercial hire business with its own terms and conditions the Owner may also require the Hirer to agree to the Owner’s terms and conditions and to the extent that there is any inconsistency with these Terms and Conditions the Owner’s terms and conditions will prevail.
At the end of the Rental Period the Hirer must return the Campervan no later than 12 noon on the date shown on the Tax Invoice, or as agreed with the Owner in writing prior to the start of the Rental Period.
If the Hirer returns the Campervan more than one hour after the time set for its return, Carefree Campers as agent for the Owner will charge the Hirer £10 per hour up to one full day, and a further two day’s full rental for each 24 hour period thereafter until the Campervan is returned to the Owner. If the Hirer returns the Campervan at any time other than during normal business hours the Hirer will be responsible for the daily Rental Charges and all Damage until the Rental Location next opens for business.
At the End of the Rental Period the Hirer must pay for all amounts owing. All monies payable under the Hire Agreement are payable to Carefree Campers as agent for the Owner in full at the end of the Rental Period and any monies owed thereafter accrue interest at the rate of 10% per annum commencing 7 days after the End of the Rental Period.
The Security Deposit will be released within two working days of the end of the Rental Period provided that all Outstanding Charges have been paid, the Campervan has been returned to the Owner at the agreed location at the date and time set in the Hire Agreement, and there is no Damage or Third Party Loss or breach of the Hirer’s obligations under the Hire Agreement.
Carefree Campers shall pay the Owner by bank transfer the balance of any Rental Charges (after deducting any applicable Listing Fee) at the end of the Rental Period.
Cancellation by Hirer after a Hire Agreement has been entered into
At any time after a binding Hire Agreement has come into effect a Hirer may cancel the Hire Agreement by emailing cancelations@carefreecampers.com stating the booking reference number that relates to that booking.
Any entitlement to a refund is subject to the Carefree Campers Booking Fee (as detailed on our Platform), which is non-refundable and any and all taxes will be retained and remitted.
When the cancellation has been accepted, the date of cancellation shall determine the refund in the following ways:
Up to 90 days prior to the Rental Period the Hirer will receive a full refund;
Between 89 Days and 30 days to the Rental Period the Hirer will receive a 50% refund minus the Booking Fee; or
Less than 30 Days from the Rental Period the Hirer will receive no refund.
As a Campervan Owner you must agree to comply with these cancellation policies and work in accordance to these.
If there is a dispute from either party relating to cancellation, the Owner and the Hirer must give Carefree Campers notice of the dispute within two working days of the dispute arising and allow Carefree Campers to help resolve the dispute through its dispute resolution process set out in the Dispute Resolution Policy.
An Owner may cancel the booking for any reason, any funds provided to the Owner must be returned to Carefree Campers via Bank Transfer within two working days. A booking is deemed to have been cancelled at the time when the Owner emails cancelations@carefreecampers.com stating the booking reference number relating to that booking.
Where an Owner cancels a booking after a binding Hire Agreement has come into effect, the Owner shall pay Carefree Campers, who will compensate the Hirer in the following ways:
Up to 90 days prior to the Rental Period the Owner pays the Booking Fee;
Less than 89 Days from the Rental Period the Owner pays the difference between the agreed Rental Fee and the cost of any other arrangement that is required to fulfil the contract plus the Booking Fee;
In extenuating circumstances, Carefree Campers in its sole discretion may waive the operation of the cancellation policies above.
If there is a dispute with the Owner regarding cancellation, the Hirer or the Owner must notify Carefree Campers within two working days of the dispute arising and allow Carefree Campers to help resolve the dispute.
Insurance
The Owner must have a Comprehensive Insurance Policy that provides the Hirer or any Authorised Driver with cover for Damage and to the outside of the Campervan or its theft.
The Hirer is liable for Damage to the Campervan, or its theft, so at the start of the Rental Period the Hirer must obtain a copy of the Policy from the Campervan Owner and:
confirm that that the Policy is current for the Rental Period;
confirm that it provides the Hirer and any Authorised Driver with the appropriate level of cover to protect the Hirer and any Authorised Driver from liability where there is Damage to the Campervan or it is stolen;
obtain from the Owner a copy of the Policy terms, conditions and exclusions (NB Carefree Campers do not review the Owner’s insurance cover); and
confirm if the Policy has an excess and the value of the applied to any claims made against the Policy.
during the Rental Period observe and comply with the Policy terms, conditions and exclusions.
The Owner must provide cover for Third Party Loss or Damage caused by a fire in the Campervan, provided that the cause of the fire is accidental.
If the Owner operates a commercial hire business, insurance cover for the Campervan is in accordance with the terms and conditions under which the Campervan is hired by the Hirer from the Owner and the Hirer must ensure that the insurance cover is sufficient, effective and adequate.
Carefree Campers accept no liability for personal items that are left in or stolen from the Campervan and the Hirer is strongly recommended to take out their own insurance policy to cover any such loss.
The sufficiency, effectiveness and adequacy of insurance cover for the Campervan during the Rental Period is The Hirer’s responsibility and Carefree Campers do not review the Owner’s or the Hirer’s insurance cover and have no liability to the Owner or the Hirer in the event that such insurance cover is insufficient, ineffective or inadequate, or if indemnity under the relevant policy is denied.
Procedures for delivering the Campervan at start of hire period
The Owner is responsible for making the Campervan available and the Hirer is responsible for taking delivery of the Campervan at the time and place as set out in the Listing or as agreed with the Owner in writing in advance of the start of the Hire Agreement.
The Owner shall induct the Hirer into the safe use, operation and handling of the Campervan.
The Hirer is responsible for checking the Campervan is provided as specified in the Listing and noting any defects or omissions.
The Hirer must check that the Campervan complies with all UK laws, rules, regulations and other requirements of UK regulatory authorities.
The Hirer must inspect the Campervan and compare any pre-existing damage against the current Damage Log provided by the Owner. If damage is identified that is not recorded in the Damage Log the Hirer must report it to the Owner immediately and take photographs of the Damage for their own records. The Owner must record the Damage in the Damage Log before the Campervan is driven by the Hirer.
The Owner in conjunction with the Hirer must:
complete the Rental Checklist, including agreement that any pre-existing Damage matches the current Damage Log;
take photos of the interior and exterior of the Campervan
take a photo of all Authorised Driver’s licenses and maintain a copy for your records; and
conduct an inventory review.
Any disputes relating to the condition of the Campervan at the start of the Rental Period should be resolved in accordance with the Dispute Resolution Policy.
The Owner must thereafter be reasonably available during the Rental Period to assist the Hirer by answering any questions and resolving any issues that arise during the Rental Period.
Use of Campervans and other provisions applying during the Rental Period
Authorised Drivers
Only the Hirer or an Authorised Driver can drive the Campervan. Any Authorised Driver must be included in the Booking Form on the Platform, or subsequently in writing prior to the start of the Rental Period. If any driver not added to the insurance causes Damage the Hirer will be required to pay all costs involved including potential loss of income from missing hire of the Campervan by the Owner.
The Hirer and any Authorised Driver must be at least 25 years of age and have 6 penalty points or fewer, unless the Owner has agreed to a variation of that restriction in writing before the start of the Rental Period.
The Hirer and any Authorised Driver must have a full licence valid to drive the Campervan in the UK that is not subject to any restriction or condition. Probationary licence holders and learner drivers are not permitted to drive a Campervan.
When driven in Europe the Hirer and any Authorised Driver must have a licence that authorises them to drive in Europe.
Prohibited Use
The Campervan must not be driven if the driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law (and the driver must not fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment); recklessly or dangerously; or whilst the Campervan is in un-roadworthy or unsafe condition.
The Campervan must not be used: for any illegal purpose; to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate; in quantities above that used for domestic purposes; to carry passengers for hire, fare or reward; or in connection with the motor trade for experiments, tests, trials or demonstration purposes.
The Hirer and any Authorised Driver must not: modify the engine or the mechanics of the Campervan in any way; sell, rent, lease or dispose of the Campervan; or register or claim to be entitled to register any legal or beneficial interest in the Campervan.
No-one may smoke in the Campervan or use the Campervan to transport any animals except assistance animals without the Owner’s prior written approval.
Unless otherwise agreed in advance of the Rental Period in writing the Campervan must only be driven on a Sealed Road at all times with the exception of well-maintained access roads that are used for access to recognised camping grounds, or a road where roadworks are being conducted by a statutory road authority.
The Campervan must not be used in any area that is prohibited by the Owner. Prohibited areas include:
roads that are prone to flooding or are flooded;
beaches, streams, rivers, creeks, dams and floodwaters;
any road where the police or an authority has issued a warning;
any road that is closed;
any road where it would be unsafe to drive the Campervan;
any area where significant amounts of snow has fallen and the road has not yet been cleared by the Highways Agency or Emergency Services or is likely to fall; and
any area that is off-road.
Accidents and breakdowns
If the Campervan breaks down because of a mechanical defect the Hirer must contact the Owner or the Owners nominated vehicle recovery service to arrange for the vehicle to be repaired or recovered. Where the Owner or the Owners vehicle recovery service cannot be reached the Hirer may contact their own vehicle recovery service at their own cost and liability.
In the event of a breakdown, when applicable, Carefree Campers will provide practical assistance in the provision of a replacement Campervan for the duration of the Hire Period. The availability of a replacement Campervan is conditional upon any entitlement to a replacement in the Owner’s insurance policy.
If the Hirer or an Authorised Driver has an Accident or if the Campervan is stolen, the Hirer must report the Accident or theft to the Owner within 24 hours of it occurring and fully complete an Accident/Theft report form.
If the Hirer or an Authorised Driver has an Accident the Hirer and the Authorised Driver must:
exchange names and addresses with the other driver;
obtain the names and addresses of all witnesses;
not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
forward all third party correspondence or court documents to Carefree Campers within 7 working days of receipt; and
co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against the Hirer or Carefree Campers as a result of an Accident, including attending Our lawyer’s office or any Court hearing.
If the Campervan is stolen or if the Hirer or an Authorised Driver has an Accident where any person is injured, the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses, or the other party appears to be under the influence of drugs or alcohol, the Hirer or the Authorised Driver must also report the theft or Accident to the Police and obtain from the Police an incident log number.
The Hirer and any Authorised Driver must pay all fines, charges and tolls that are accrued during the Rental Period. If the Owner or Carefree Campers pay for any fines or infringements incurred by the Hirer, We or the Owner, will charge the Hirer an administrative fee for all such payments as well as charging the Hirer for the fine or infringement.
The Hirer and any Authorised Driver must make sure that the Campervan is parked in a safe place and locked when not in use or unattended. The Hirer and any Authorised Driver must keep the keys in their possession.
The Hirer and any Authorised Driver must take reasonable care of the Campervan by preventing it from being damaged, making sure that it is protected from the adverse weather conditions, maintaining the tyre pressures and making sure that it is not overloaded.
If during the Rental Period the Campervan develops a fault, the Hirer must inform the Owner as soon as is safe and practical to do so, and not drive the Campervan unless the Owner has authorised the Hirer to do so. The Hirer must not let anyone else repair or work on the Campervan without the Owners prior written authority to do so.
Carefree Campers and the Owner are not responsible for any consequential loss the Hirer may suffer if the Campervan breaks down.
Procedure on delivering the Campervan at end of hire period
The Hirer is responsible for delivering the Campervan in as good condition as it was on collection, fair wear and tear accepted, and with a full tank of fuel, at the time and place set out in the Rental Agreement, or as separately agreed in writing with the Owner.
The Owner is responsible for being available to accept delivery at the time and place as set out in the Rental Agreement or as separately agreed with the Hirer.
The Owner is responsible for checking the condition of the Campervan, and may take photos of the interior and exterior of the Campervan as required by the Carefree Campers Dispute Resolution Policy as shown on the Platform.
The Hirer must repeat the procedures for taking photographs as required at the start of the Rental Period. Where Damage or missing inventory has been identified, the Hirer and the Owner should attempt to agree a way of resolving the identified Damage through the use of the Dispute Resolution Policy. Where a resolution cannot be agreed the Hirer and or Owner may contact Carefree Campers to request mediation and must email the original photos, unedited and in the highest resolution available, along with a description of the identified Damage or missing inventory to Us within five working days of Our request. The Hirer is responsible for Damage to, or theft of, the Campervan and subject to the benefits of any Insurance Policy that may be in place. You must pay the Owner for any Damage to the Campervan, or its theft, that occurs during the Rental Period.
Unless Carefree Campers is notified of a potential issue due to Damage or missing inventory by the Owner against the Hirer within two working days of the due time for return of the Campervan, Carefree Campers will return the Security Deposit to the Hirer via the payment gateway/credit card.
If the Owner notifies Carefree Campers of any dispute regarding the condition or inventory of the Campervan on its return Carefree Campers may at its entire discretion retain the Security Deposit until such time as it is notified by both the Owner and the Hirer that the dispute has been resolved and have agreed to release it.
Any disputes relating to Damage should be resolved in accordance with the Dispute Resolution Policy.
Any punctures or other Damage to a tyre during the Rental Period which is caused by driving over foreign objects is Your responsibility and You must repair or replace the punctured or Damaged tyre at Your own expense. Regardless of the cause of the flat tyre or puncture, if You drive the Campervan with a flat tyre You will be responsible for any resulting Damage to the wheel or the Campervan.
Other provisions relating to Hire Agreements
At the end of a Rental period:
the Owner must notify Carefree Campers of any additional charges that may be due
the Hirer must pay Carefree Campers the balance of any Outstanding Charges
the Hirer must pay for any Damage to the Campervan, of for its loss as a result of theft, subject to the benefit of insurance.
