Terms and Conditions

1. DEFINITIONS

In these Terms and Conditions:
(a) “Agreement” and its constituent parts means the agreement to hire the Vehicle, more fully defined in clause 8.
(b) “we”, “us” “our” and “the Company” means Firefly Campers Limited named as the Lessor on the Rental Agreement whose registered office and registered number is shown on the Rental Agreement. “you”, “the customer” and “the hirer” mean the person or organisation named as the hirer on the Rental Agreement.
(c) “Living Equipment” includes but is not limited to CD player, crockery, cutlery cooking utensils, pillows and sheets.
(d) “Rental Period” means the period starting with the date shown under Rental Start on the Rental Agreement and ending on the Due Back Date (or such other later date as is agreed between the parties) given on the Rental Agreement.
(e) “Vehicle” means the vehicle detailed on the Rental Agreement and includes any additional tyres, tools, accessories, Living Equipment and any replacement/substitute vehicle which may be provided by us.

2. USE OF VEHICLE

2.1 The Vehicle must not be:
(a) taken outside England, Wales, Scotland, Northern Ireland and any British Isle on which the hiring commenced, without our prior written permission.
(b) used otherwise than on a public highway or a suitably paved area which is designed to carry motor vehicles.
(c) used to propel or tow any other vehicle or trailer.
(d) used to carry passengers for hire or reward or for any driving tuition.
(e) used for any unlawful purpose, or for racing, pacemaking, competitions or speed testing.
(f) used in breach of any relevant legislation, regulation, or by law from time to time in force.
(g) used by any person who is not licensed or insured to use it.
(h) used by any person who is under the influence of alcohol or drugs.
(i) used in the event of any mechanical, electrical or structural failure or damage, if further damage might be caused as a result.
(j) altered or added to in any way whatsoever without our prior written permission.
(k) left unoccupied with the ignition key in the vehicle.
(l) left unoccupied without the CD faceplate being first removed and the steering wheel security lock being put into place.
(m) left unlocked at any time when unattended.
(n) used to carry more passengers or goods than it was designed to carry or may lawfully carry.
(o) used in such a way as to make the insurance on the vehicle invalid.
(p) used to carry volatile liquids or gases (other than LPG canisters provided with the Vehicle), explosives or other flammable materials.
(q) driven with the LPG gas canister or the leisure battery switched on.
(r) driven in unsuitable terrain. You will be responsible to cover the cost for the recovery of a vehicle that has become bogged down.
(s) taken through a car wash, or washed using a pressure wash on the paintwork. Should this be ignored, damage to the paintwork and the resulting costs incurred by a specialist bodyshop shall be passed on in full to you
(t) left with the stopcock on the regulator attached to the gas bottle switched on when the cooker is not in use
(u) driven with the pop-top roof elevated. The elevated roof can only be used when the vehicle is static an must be secured with the safety pins
2.2 The Company operates a no smoking policy inside all their Vehicles.
2.3 Pets
(a) Pets are only allowed in the Vehicle if previously agreed by us. If you allow pets into the Vehicle without prior approval you will lose the Security Deposit.
(b) If our agreement is given for you to allow pets into the Vehicle, you should note that if they cause any damage a deduction may be made from the Security Deposit to cover the cost of cleaning and repair.
2.4 Sewerage
The hirer is responsible for emptying the toilet and waste tanks prior to returning the Vehicle. Failure to do so will lead to a charge of £50.00
2.5 Fuel type
The fuel used by the Vehicle is specified on the front of the Rental Agreement. The Hirer will be liable for repair costs if the incorrect fuel type is used
2.6 Tyres
The hirer is responsible for the cost of replacement tyre(s) unless the tyre(s) is defective and returned to the Company for inspection and the manufacturer accepts liability under his warranty

3. YOUR OBLIGATIONS TO US AND GENERALLY

(a) Named drivers (max of 2 additional drivers allowed) must be aged between 25-70 years and have held a valid driver’s licence for a minimum of 2 years.
(b) When collecting the Vehicle, drivers must produce a valid drivers licence together with an additional form of identification.
(c) You are not allowed to keep the Vehicle beyond the Rental Period, and in any event, the maximum period for which you can hire the Vehicle is 90 days.
(d) We are entitled to provide you with a comparable vehicle, earlier than the due in date, and collect from you the current vehicle, even if you have not broken any of the Terms and Conditions of this Agreement.
(e) If you keep the Vehicle beyond the end of the Rental Period (or after we have required its return as above) then, in addition to any claim for compensation which we may bring, you will have to pay charges in accordance with our current tariff which can be inspected at our office.
(f) We do not accept responsibility for any property which you leave in the Vehicle when you return it, unless we agree negligence. If any third party brings a claim against us for property which is carried or left in the Vehicle you must indemnify us for that claim.
(g) You must:
1) pay the hiring charges published in our current tariff (which can be inspected at our office) or those agreed between us in writing if different.
2) pay for all fuel and refuelling charges.
3) pay for any accessories, tyre, or equipment which are lost, stolen or damaged.
4) pay our costs of recovering the Vehicle in the event that you fail to return it to us as required by clause 3 (g) 9) below.
5) pay any penalties, fines and court costs incurred in the use of the Vehicle before it is returned to us.
6) ensure that the correct tyre pressures, and engine fluid levels are maintained throughout the Rental Period.
7) take all reasonable steps to prevent loss of or damage to the Vehicle.
8) inform us immediately if the Vehicle is damaged, lost or stolen, or develops a fault or requires any servicing.
9) return the Vehicle to our representative at the return address specified during our business hours, at or before the end of the Rental Period if we are entitled to it. The Vehicle must be in the same condition as when you hired it (fair wear and tear excepted) and must be reasonably clean and tidy, otherwise a deduction may be made from the Security Deposit.

4. INSURANCE

(a) You will be provided with Fully Comprehensive insurance for the duration of the Rental Period, covering damage to the Vehicle and the property of a third party.
(b) This Agreement is subject to, and includes all the terms of our current insurance policy, a copy of which can be inspected at our office.
(c) The Vehicle may only be driven by the hirer named on the Rental Agreement and any additional drivers authorised by us
(d) Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess, and is shown on the Rental Agreement. The insurance does not cover the windscreen, damage to tyres, or loss or theft of the Living Equipment.
(e) If you or anyone on your behalf deliberately causes damage to or loss of the Vehicle then you will have to pay for the cost of repair or replacement of the Vehicle, even though it was insured at the time.
(f) It is the hirer’s responsibility to provide their own insurance to cover personal items and belongings and personal injury in the event of an accident.

5. ACCIDENTS/BREAKDOWNS

5.1 In the event of any accident, loss or damage to the Vehicle you must:
(a) safeguard our interests in the event of an accident involving the Vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, details including registration numbers or any other vehicles involved, securing the Vehicle and report the event to the nearest police station;
(b) not make any admission of liability to other parties, settlement offer or other like offer
(c) assist us in handling any claim arising from the event, including providing all relevant information and attending court if necessary.
5.2 You will pay any costs relating to the delivery of a replacement vehicle as a result of an accident regardless of fault
5.3 In the event of a breakdown or an accident, a breakdown service is at the disposal of the hirer, details of which will be given out at the start of the Rental Period. The breakdown service covers breakdown and relay back to the point of hire (or to a garage specified by us). The Hirer will be charged for anything that is deemed by us to be driver-induced error (e.g. running out of petrol, wrong fuel added, locking keys inside van, losing keys etc).
5.4 The Company is not responsible for any consequential expenses or additional costs incurred in hiring alternative vehicles, late arrival, missed ferries, accommodation, travel expenses or any third party claims in connection with a breakdown accident
5.5 For faults and repairs in the first instance call the Company between 9am-5pm Mon-Fri and 9am-1pm Sat. Emergency contact details will be given at point of collection
5.6 You are not allowed to carry out any repairs to the Vehicle (or let anyone else do so) if the cost of those repairs is more than £40.00, unless you obtain our permission first. If we do authorise repairs then we will refund the cost to you if you produce a VAT receipt.
5.7 We will reimburse the hirer for expenditure up to £40 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio equipment) Provided that:
(a) you produce relevant receipts;
(b) you have received the prior consent to rectify the fault from us; and
(c) the damage is not due to the fault of the hirer or any breach of these Terms and Conditions

6. SECURITY DEPOSIT

A refundable deposit must be given by you on/prior to collection of the Vehicle. The amount is specified on the Rental Agreement (currently it stands at £500). You can pay either by cheque or BACS providing the payment is made 7 days before the start of your Rental Period, or in cash on collection of your Vehicle. If the Vehicle is returned in a good clean condition with a full tank of petrol the deposit will be returned to you within 7 working days. If any deductions need to be made any outstanding balance will be returned within 30 days. Should any damages exceed the Security Deposit you will be responsible in settling the additional costs

7. TERMINATION

(a) You may terminate this Agreement at any time during the Rental Period by giving notice to the Company at the address stated on the Booking Form/Rental Agreement or such other address as may have been notified to you at any time as the current address of the Company for this purpose. No refund of any payment made by you will be made in those circumstances.
(b) We are entitled to terminate this Agreement and to repossess the Vehicle, and keep the Security Deposit if:
(1) you break any of its terms
(2) the Vehicle has been obtained by fraud or misrepresentation
(3) the Vehicle has been abandoned
(4) we reasonably consider the safety of the passengers and/or the condition of the Vehicle to be in danger.
(c) You hereby authorise us to enter on your property to do so if necessary.

8. CONTRACT TERMS

8.1 What does the contract between the parties consist of?
It is our intention that the following will make up the terms and conditions of the contract between us:
(a) These Terms and Conditions;
(b) The Rental Agreement.
(c) The Booking Form and provisos to it.
We will refer from now on to the whole contract between us (i.e. all of the above) as ‘the Agreement’.
8.2 How the Agreement between us is formed
You, by submitting a booking form (‘Booking Form’), will be making us an ‘offer’ i.e. an offer to hire the Vehicle in accordance with the Agreement terms. We will then either ‘accept’ or ‘reject’ your offer (usually depending upon availability). If your ‘offer’ is accepted, we will notify you as soon as possible by delivering information to screen or by e-mail, telephone, post or other appropriate method, to confirm this and we will at the same time confirm the extra charges and the total amount that will be payable. As soon as we ‘accept’ your ‘offer’, there will be a contract between us.
8.3 What if we do not accept your offer to enter into a contract with us?
We might reject an ‘offer’, as mentioned above, for a number of reasons, for example, lack of availability or if you are based in a country, the inhabitants of whom we are unable to enter into contracts with. If we do not or are unable to accept your ‘offer’, we will notify you immediately on screen or will contact you, by e-mail, telephone, post or other appropriate method, to inform you of this. If your offer is not accepted, there will be no contract between us.

9. MISCELLANEOUS

Title to the Vehicle remains with the Company.
(b) All prices include VAT at the current rate in the UK (‘VAT’).
(c) If you do not pay all charges when due under this Agreement, you agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by us, including reasonable legal fees. When the hirer is comprised of more than one person, each person is liable jointly and severally for all obligations of the customer pursuant to this Agreement.
(d) Any amendment, modification or variation to this Agreement shall be recorded in writing and signed by or on behalf of both parties.
(e) This Agreement constitutes the entire agreement and supersedes any previous agreements between you and us. No representations, warranties or undertakings shall be deemed to be incorporated in these conditions save as specifically set out herein.
(f) Any person signing this Agreement on behalf of a company must be authorised to do so, and if not so authorised will be personally liable to pay all sums due under this Agreement to the extent that the company fails to pay them.
(g) Any failure on our behalf to enforce any of the provisions of this Agreement cannot be taken by you as a waiver by us of such provision and will not effect the validity of this Agreement or any part of it or our right subsequently to enforce any such provisions. In the unlikely event that any provision of this Agreement is found by a Court of Law to be invalid, the remainder of the Agreement shall remain in full force and effect.
(h) The operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
(i) This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
(j) How we use your information is set out in our Privacy Statement online, a hard copy of which is available on request.
(k) Changes to these Terms and Conditions
We may change these Terms and Conditions from time to time which means that you will need to check the Terms and Conditions on our web site (which will always be our most current ones) and preferably print off a copy each time you want to enter into a new contract with us.
(l) Disclaimer
We promise to exercise reasonable care and skill in carrying out our obligations under this Contract. If any breach of this promise causes death or personal injury, we will accept full liability. Neither do we in any way wish to avoid liability in relation to any other claim which you might have against us in respect of services which we have provided (or failed to provide) to you and where this is the result of our own negligence. Where we do accept that we are liable or where we are found to be liable, in relation to any claim you might have against us, we do however limit that liability to the following:
To direct and foreseeable losses (including which result from our negligence) which you may suffer. We will not be liable for losses, which are indirect. By ‘indirect losses’ we mean, for example, loss of profits or loss of contracts, damage to any of your property or damage to anyone else and personal injury which you or someone else might suffer which is not a result of our negligence.

10. COLLECTION AND RETURN

Confirmation of the time for collection will be agreed prior to booking. Below is a guide:
(a) Vehicles on a weekend hire shall be available for collection on Friday between 2pm and 6pm and should be returned on Monday between 4pm and 6pm unless previously agreed by us.
(b) Vehicles on a midweek hire period shall be available for collection on Tuesday between 2pm and 6pm and should be returned on Thursday between 4pm and 6pm unless previously agreed by us.
(c) Vehicles on a weeks hire shall be available for collection on a Saturday between 1pm and 4pm and should be returned on Friday between 4pm and 6pm unless previously agreed by us
(d) If the Vehicle is returned late (i.e. outside the times stated above), the hirer will be surcharged at the rate of £50 per hour or part thereof (correct at time of print) together with any additional costs incurred by us (e.g. compensation to the next hirer)
(e) If you find you are unable to collect the Vehicle within the times stated above, please contact us as soon as possible and we will try to be available outside these hours. However we cannot guarantee that we will be available, and if we are not the Vehicle will be available for collection the following day, or whenever is arranged between you and us
(f) Please note that we are unable to give a refund if you return the vehicle early
(g) The hirer will be given the opportunity to check the Vehicle for defects and shall notify the Company of any obvious defects before commencing the hire. The hirer is advised to check the Vehicle thoroughly before signing the Rental Agreement
(h) The breakdown or malfunction of equipment after the Vehicle has left the premises will not be accepted as a reason to abort or cancel the Rental Agreement, and any such fault will be rectified as soon as possible
(i) Any accidental damage caused to the Vehicle once the Rental Agreement is signed, but still on our premises shall be deemed the hirers responsibility
(j) Upon the Vehicles return our representative will check the Vehicle for damage, cleanliness, a full tank of fuel, condition of tyres, windscreen, bumpers, roof lights, mirrors, doors, internal habitation equipment
(k) If the Hirer’s vehicle is left with us it is done so entirely at the Hirer’s own risk. Firefly Campers cannot accept liability for any damages or losses
(l) Collection: Please allow 1 hour for the hand-over at the depot - to complete the documentation, to demonstrate the Vehicle to you and to transfer your luggage to the Vehicle. Please allow the same on your return
(m) The Vehicle will be provided with one partially used LPG canister already connected, and one spare full LPG canister at the commencement of the Rental Period. The cost of any refills thereafter shall be the responsibility of the hirer who shall ensure that the same size and make of gas bottle as taken out are returned with the Vehicle. These are widely available from most garages and Calor gas outlets in the UK

11. IP RIGHTS

Unless otherwise stated, any intellectual property rights arising in respect of this Site’s design, text, graphics, its selection and arrangement, software and all other material (the ‘Content’) on or in this Site belong to us and/or our licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under these Terms and Conditions. Permission is hereby granted to electronically copy and store and print individual pages of the Content on paper from this Site only for the purpose of your private and personal non-commercial use.