By listing your RV on Camplify you agree to the following terms and conditions between and CAMPLIFY CO (UK) LTD (Camplify) THE CARAVAN OWNER IDENTIFIED AS PER THEIR CREATED LISTING (Owner) Now it is agreed as follows:
1. Definitions and interpretation
1.1 Definitions In this agreement:
Anniversary Date means 11.59 pm on the day that is 12 months after the date as shown on profile go live.
Business Day means
(a) for the purposes of receiving a Notice, a day which is not a Saturday, Sunday, public holiday or bank holiday in the city in which the Notice is to be received; and
(b) for any other purpose, a day on which the banks are open for business in London, England.
Camplify Caravan Rental Services means the Caravan rental services provided by Camplify set out in clause 3 of these Terms and Conditions.
Camplify Website means the website at [www.camplify.co.uk].
Caravan means the Owner’s caravan, camp trailer, motor home or other recreational vehicle as described in their listing which is made available for rental to customers who book through Camplify.
Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this agreement;
Hirer means an individual whose membership has been accepted by Camplify, who is bound by these terms and conditions and who seeks to hire a Caravan pursuant to the Camplify Caravan Rental Services.
Insolvency Event means the occurrence of any one or more of the following events regarding any party to this agreement:
1. a meeting has been convened, resolution proposed, petition presented or order made for the winding up of that party;
2. a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
3. a security holder, mortgagee or chargee has taken attempted or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
4. an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it; Owner’s Rental Fee means the rental charges payable and received by Camplify from the Hirer less a service charge of 10 per cent of the rental charges for the services and administration provided to the Owner by Camplify pursuant to this Agreement.
Lister Fee means a 8% fee deducted from the Rental Charges which is payable to Camplify for the provision of the Camplify Caravan Rental Services.
Rental Charges means the charges payable as agreed between you and the Hirer, with regard to the price per night indicated on your listing profile, for renting the Caravan from you as the Caravan Owner together with any VAT payable and any other taxes, levies or opted insurance which are all fully set out in the Tax Invoice.
Tax Invoice means the invoice produced and emailed to you as the Caravan Owner, setting out all Rental Charges as well as VAT charges.
1.2 Interpretation In this agreement, unless the context otherwise requires a reference to:
(i) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to this agreement and references to this agreement include any recital, schedule or annexure;
(ii) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(iii) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
(iv) time is a reference to legal time in London, England;
(v) a reference to a day or a month means a calendar day or calendar month;
(vi) money (including ‘£’, ‘GBP’ or ‘pounds’) is to English currency;
1.3 Unless expressly stated, no party enters into this agreement as agent for any other person (or otherwise on their behalf or for their benefit);
1.4 Headings and the table of contents are for convenience only and do not form part of this agreement or affect its interpretation;
1.5 If the last day for doing an act is not a Business Day, the act must be done instead on the next Business Day;
1.6 A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this agreement or the inclusion of the provision in this agreement.
1.7 Subject to the terms and conditions of this Agreement, during the term of this Agreement the Owner appoints Camplify, and Camplify accepts its appointment, as the Owner’s third party agent to market and procure the sale of the Camplify Caravan Rental Services.
1.8 It is expressly agreed that neither party has authority to enter into agreements or make any commitments on the other party’s behalf, except to the extent necessary for Camplify to operate the Camplify Caravan Rental Services as contemplated by this Agreement.
2. Our information and how to contact us
2.1 We are Camplify Co (UK) Ltd a company registered in England and Wales, a subsidiary of Camplify Co Pty Ltd a company registered in Australia. Our company registration number is 10710562 and our registered office is at Excel House, 3 Duke Street, Bedford, MK40 3HR.
2.2 You can contact us by writing to us at firstname.lastname@example.org or by telephoning our customer service team at 0330 808 1811.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us when you created your Owner profile.
3. Our contract with you
3.1 The contract between you and Camplify is for the provision of an online platform that connects you with Hirers seeking to rent out Caravans and to secure and manage the Bond and payment for the rental and is regulated by the Terms and Conditions. The contract between you and the Hirer is for the rental of your Caravan.
3.2 The Terms and Conditions and the Tax Invoice form the entire contract for the hire of the Camplify Caravan (Camplify Contract). The date of the Camplify Contract is the date shown in the Tax Invoice. If you operate a commercial hire business with your own terms and conditions, the Hirer must also agree to them, and to the extent that there is any inconsistency with these Terms and Conditions your terms and conditions will prevail.
3.3 Acceptance of these Terms and Conditions will take place upon Creating a listing profile OR accepting the Hirer’s booking request.
3.4 If you choose to accept the Hirer’s request to rent your Caravan, you agree and understand that you will be required to enter into an agreement with the Hirer.
3.5 You acknowledge and agree that you, not Camplify, will be responsible for performing the obligations of any such agreements with the Hirer, that Camplify is not a party to such agreements, and that, with the exception of Camplify’s obligations pursuant to these Terms and Conditions, Camplify (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreement.
3.6 Upon receipt of a Hirer’s request to hire a Caravan, it is then up to you as the Owner whether to accept or reject the booking request. Camplify only provides the platform to you and the Hirer.
3.7 Our contract with you will end when all of the following has been completed:
a) the Caravan has been returned to you satisfactorily;
b) Photos have been taken of the interior and exterior of the Camplify Caravan as required by the Camplify Damage Policy and any damage has been reviewed and agreed with the Hirer; and
c) The inventory has been reviewed for any missing items.
4. Our liability
4.1 We are not responsible for any loss or damage that is not foreseeable.
4.2 Our liability under or in connection with this Camplify Contract shall be limited to £2,000,000 in the aggregate in any year of professional indemnity insurance. This limit shall apply however that liability arises including a liability arising out of a breach of contract, tort or arising by statutory duty.
4.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
5.1 This Agreement commences on the date of this Agreement and, unless terminated earlier in accordance with this Agreement, continues in force until the Anniversary Date.
5.2 The Agreement may be extended by mutual agreement by the Owner leaving their Caravan listed on the Camplify system.
6. Eligibility and membership
6.1 The Owner must create a profile listing of their Caravan on the Camplify Website and must include detailed pictures inside and out showing all aspects of all angles of their Caravan as required by the Camplify Damage Policy.
6.2 The Caravan must be registered and covered by a comprehensive insurance policy acceptable to Camplify throughout the Term of this Agreement.
6.3 The Owner must make their Caravan available for hire for a minimum of 8 weeks per year.
6.4 All Caravans must be submitted by the Owner to Camplify for approval before being added to the Camplify Website and approval and acceptance is entirely at Camplify’s discretion and is based on quality of the Caravan.
6.5 For the Caravan to be approved and accepted by Camplify, and for the duration of the Term, it is the Owner’s responsibility to ensure that the Caravan has:
a) a fully functional smoke alarm (if the Caravan has an indoor kitchen);
b) a fire blanket;
c) a fully functional fire extinguisher;
d) a first aid kit; and
e) any gas bottles are be in good condition and in date.
6.6 The Owner must provide Camplify with towing requirements of the Caravan via their listing profile. Should the Owner provide the wrong requirements of the Caravan and the Hirer is then impacted due to any damage caused, the Owner may be held responsible for any loss.
7. Camplify’s Obligations
7.1 Camplify agrees that until the Anniversary Date it will provide:
a) an online platform that connects Caravan Owners who create listings for Caravan Rentals that are made available for booking by holiday makers seeking to book a caravan rental;
b) liability cover for Caravan Hirers which provides them with third party cover for major accidental damage caused by fire or accident. This cover is only active from the completion of the rental check list on pick up and drop off;
c) secure and manage the security deposit (deposit) from £1000 from the Hirer; and
d) Provide the Owner with up to £1000 for any damages caused through hiring the Caravan in accordance with the Hiring terms and conditions.
7.2 Camplify will check all Hirers to ensure:
a) tow vehicles are covered by insurance and are registered;
b) tow vehicles are suitable to tow the Caravan; and
c) Caravan Hirers have a current and valid driver’s licence for any towing requirements
7.3 Camplify will endeavour to promote:
a) the Camplify Caravan Rental Services on the Website as appropriate;
b) Camplify Caravan Rental Services though advertising as appropriate;
c) develop opportunities through its customer base;
d) promote the Camplify Caravan Rental Services at trade shows and through its literature; and
e) administer the rental of the Camplify Caravan, including managing bookings for Camplify Caravan Rental Services, co-ordination of the drop off of the Camplify Caravan at the commencement and conclusion of each rental and collection of rental fees from Hirers.
8. Your Obligations
You agree until the Anniversary Date, to:
8.1 comply with Camplify’s policies as follows:
a) Camplify Damage Policy;
c) Camplify Dispute Resolution Policy.
8.2 list the Caravan using a smartphone or camera to take a minimum of 4 photos inside the Caravan. There must be a minimum of 4 photos outside of the Caravan and a photo of the registration plate. All photos must be less than 1 month old;
8.3 maintain registration of the Caravan as required by law; and comprehensive insurance of the Caravan with an insurer acceptable to Camplify and with a sum insured for no less than the market value of the Caravan;
8.4 provide Camplify with:
a) a copy of the registration certificate;
b) a copy of the Caravan’s comprehensive insurance policy and current policy schedule;
c) a full inventory of everything that is included in the Caravan; and
d) completed Camplify check-list.
8.5 ensure that the Camplify Caravan is registered, roadworthy, clean and in a good operating condition;
8.6 make available the Owner’s Camplify Caravan for the Camplify Caravan Rental Services;
8.7 make available the Camplify Caravan for Camplify to use for trade shows and any other promotional opportunities that present themselves;
8.8 supply images and text for Camplify to use for the Website and marketing activities;
8.9 follow the branding guidelines of Camplify when required to do so (and agreed); and
8.10 acknowledge that this is an agency agreement and that they will not take any leads provided by Camplify for offline payment.
8.11 The Owner appoints Camplify as its third party agent to market and promote Camplify Caravan rentals, and Camplify accepts that appointment on the terms and conditions of this Agreement.
9. Owner’s booking obligations
9.1 Upon receipt of a Hirer’s request to hire the Owner’s Caravan the Owner will:
a) contact the Hirer;
b) ask and answer questions to assess the suitability of the Hirer to hire the Owner’s Caravan; and
c) approve or reject the Hirer’s request for a booking.
9.2 Upon receipt of notification of a confirmed booking Camplify will collect payment of the rental charges and Security Bond from the Hirer; and undertake any checks required to ensure the Hirer meets the minimum standard required to hire the Caravan.
9.3 Upon confirmation from Camplify as to the Hirer’s suitability, the Owner must agree with the Hirer to meet at a mutually acceptable location for the hire to commence; and induct the Hirer into the safe use, operation and handling of the Caravan.
9.4 The Owner in conjunction with the Hirer must:
a) complete the rental checklist, including agreement that any pre-existing damage matches the current damage log;
b) take photos of the interior and exterior of the Caravan as required by the Camplify Damage Policy;
c) take a photo of all authorised driver’s licenses and upload to the checklist and
d) conduct an inventory review.
9.5 The Owner must be reasonably available during the rental to assist the Hirer by answering any questions and resolving any issues that have arisen during the rental.
9.6 At the end of the rental, the Owner must:
a) agree with the Hirer to meet at a mutually acceptable location;
b) complete the post rental check list;
c) take photos of the interior and exterior of the Caravan as required by the Camplify Damage Policy;
d) review and agree with the Hirer on any damage caused during the rental; and
e) review the inventory for missing items.
9.7 If any damage has been caused to the Caravan during the rental or if there are any other issues raised by the Owner as to the Hirer’s obligations or the Hirer as to the Owner’s obligations these must be reported to Camplify within 24 hours using the dispute form found at disputeresolution
10. Parties’ Conduct
Each party acknowledges and agrees that it will not do anything which could give rise to a claim against the other party for loss or damage from any person including by:
a) making misleading or deceptive or untrue statements; or
b) acting unconscionably or unfairly; or
c) acting in a manner which brings the reputation of the other party into disrepute.
11. Fees payable by Hirers and to Owners
11.1 Upon confirmation of the booking the Hirer will pay to Camplify the Rental Charges and up to £1000 to be secured against the Hirer’s credit card for the Bond, which is payable on completion of the rental via the Braintree payment gateway. Some owners whom offer their own insurance policy for their listing may ask the hirer to make a damage deposit directly to them to ensure they are compliant with their policy supplier. This transaction will take place outside of the Camplify platform.
11.2 The Security Deposit will be released to the Hirer within 24 hours of completion of the rental, subject to there being no damage to the Camplify Caravan and no breach of the Hirer’s obligations under the Camplify Contract.
11.3 Camplify will pay to the Owner the Owner’s Rental Charges (after deducting the Lister Fee and any insurance taken through Camplify) from amounts received by Camplify for completed Camplify Caravan Rental Services that originate from sales generated by Camplify. Camplify may at its sole discretion amend the daily fee upon 14 days’ notice to the Owner.
11.4 Camplify will provide the Owner with all relevant information reasonably required by the Owner for the calculation of the Owner’s Rental Fee.
12. Cancellation Policy
12.1 Camplify provides for all Hirers that a booking is deemed as cancelled when the Hirer clicks the cancel button on their profile page relating to that booking.
12.2 The Hirer must pay the cancellation fee notified to Camplify when the cancellation is accepted.
12.3 When the cancellation has been accepted, the date of cancellation shall determine the refund in the following ways:
a) Up to 90 days prior to the Rental Period the Hirer will receive a full refund;
b) Between 89 Days and 30 days to the Rental Period the Hirer will receive a 50% refund; or
c) Less then 30 Days from the Rental Period the Hirer will receive no refund.
As a Caravan Owner you must agree to comply with these cancellation policies and work in accordance to these.
12.4 Services fees are refunded if a cancellation is made in accordance with this clause 12.
12.5 If there is a dispute from either party relating to cancellation, you and the Hirer must give Camplify notice of the dispute within 48 hours of the dispute and allow Camplify to resolve the dispute.
12.6 If the Owner cancels the booking for any reason, any funds provided to the Owner must be returned to Camplify via direct deposit within 24 hours. A booking is deemed to have been cancelled at the time when the Owner clicks the cancel button on their profile page relating to that booking.
12.7 In extenuating circumstances, Camplify in its sole discretion may waive the operation of the Cancellation policies in clauses 12.2 and 12.3.
13. Relationship of Parties
This Agreement does not imply that the parties intend constituting a partnership, joint venture or other form of association in which any party may be liable for the acts or omissions of another, and no party has authority to pledge the credit of another.
14. Intellectual Property
14.1 Each party acknowledges and agrees that this Agreement does not transfer to either party any Intellectual Property Rights.
14.2 Each party acknowledges that it will have no rights and will not acquire any rights in respect of any trademarks, brands or trade names used by any other party or of the goodwill associated with them and that all such rights and goodwill are, and will remain, with the relevant Owner.
14.3 Each party will, at the expense of the requesting party, take all such steps as a requesting party may reasonably require to assist that party in maintaining the validity and enforceability of its Intellectual Property Rights.
15.1 During the currency of this Agreement the Owner must, at the Owner’s expense, take out and maintain with an insurer approved by Camplify a comprehensive policy that provides:
a) indemnity for the market value of the caravan;
b) indemnity for third party loss;
c) includes cover for use of the Caravan by a Hirer; and
d) a public liability policy that provides cover for at least £5million per claim.
15.2 Clause 15.1 can be fulfilled in one of the following ways:
a) you find an approved policy that covers both Owner and Hirer for all insurance outlined;
b) you provide a fully comprehensive policy and add the Camplify Top up Hiring Insurance policy via the management dashboard; or
c) you insure your Caravan via the Camplify Premium Membership.
15.3 You must also, at your own expense, take out and maintain during the currency of this Agreement statutory or compulsory insurance cover for claims involving personal injury or death and ensure that the Camplify Caravan is fully registered for use by a Hirer.
15.4 12.5% Owner Co-Insurance clause to apply in respect of Theft by Hirer.
16.1 Unless expressly stated otherwise, all amounts specified in this Agreement are VAT exclusive.
16.2 If VAT is payable for Camplify Caravan Rental Services, the party providing the consideration for those services must also pay the amount of any VAT payable in respect of those services as additional consideration. Clause 16 does not apply to the extent that the consideration for the services is expressly agreed to be VAT inclusive.
16.3 You will elect whether you are an individual or a business owner which will determine what you will need to pay VAT on. Individuals will pay VAT on the Camplify Fees only, and businesses will pay VAT on the entire amount.
17. Confidential Information
17.1 We will use the personal information you provide to us:
a) to supply the services to you; and
b) to process payment for the services.
17.2 We will only give your personal information to third parties where the law either requires us or allows us to do so.
18.1 Camplify or the Owner may end the contract at any time if:
a) the other party breaches any material term of this Agreement capable of remedy and fails to remedy the breach within 10 Business Days after receiving a notice requiring it to do so;
b) the other party breaches any material term of this Agreement not capable of remedy in the terminating party’s reasonable opinion;
c) the other party repeatedly breaches any term of this Agreement and, within 10 Business Days after receiving a notice requiring it to do so, fails to satisfy the terminating party that a breach of that term will not recur; or
d) the other party is subject to any form of Insolvency Administration.
18.2 Termination of this Agreement will not affect any accrued rights or remedies a party may have as at the date of termination, unless explicitly stated otherwise in this Agreement.
19. Dispute Resolution
19.1 We welcome every opportunity to resolve any concerns you may have with Camplify’s service. In the first instance contact Camplify to discuss your concern. If any dispute arises between you and Camplify in relation to Damage to a Camplify Caravan, Camplify’s ‘Complaints and Member Dispute Resolution Policy’ will apply.
19.2 The Complaints and Member Dispute Resolution Policy is available on Camplify’s Website or by writing to iLab Bedford, Stannard Way, Priory Business Park, Bedford MK44 3RZ. Your concern will be investigated by an officer with full authority to deal with the complaint and Camplify will inform you of the outcome within 15 working days of receiving your letter.
19.3 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.
20. Other important terms
20.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the other person is not eligible under clause 6 or is not suitable for any reason under these Terms and Conditions.
20.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.