BACKGROUND:

These Terms and Conditions (‘Terms’) are the standard terms which apply:

A.               To the rental of all camper vans from HALLEY & MCKENZIE LTD, trading as Alba Campers, a company registered in Scotland under number SC597843, whose registered address is 113 St. Johns Road, Edinburgh, Scotland, EH12 7SB, trading as Alba Campers (“Alba Campers”, “we”, “us”). 

B.               Where the Customer renting the Vehicle is a “Consumer” as defined in clause 1 of these Terms and Conditions.

1.               Definitions and Interpretation

1.1            In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

1.2            Unless the context otherwise requires, each reference in these Terms and Conditions    to:

1.2.1      “writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2      a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3      “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4      a Clause or paragraph is a reference to a clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and,

1.2.5      a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3            The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4            Words imparting the singular number shall include the plural and vice versa.

1.5            References to any gender shall include the other gender.

2.               Information About Alba Campers

2.1            HALLEY & MCKENZIE LTD, trading as Alba Campers, is a private limited company registered in Scotland under number SC597843, whose registered address is 113 St. Johns Road, Edinburgh, Scotland, EH12 7SB.

2.2            VAT Registration number: 414 1234 46

3.               Vehicle Classes

Subject to the provisions of clause 4, Alba Campers offers the following Classes of Vehicle (among others):

4.               Driver Eligibility Requirements

4.1            The Customer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least two (2) years at the commencement date of the Rental. In the case of UK driving licences the photocard licence must be produced before the Vehicle will be released to the Customer. Copies of licences will not be accepted. We will also require the Customer to provide a DVLA license check code, which we will use to check your license via the DVLA website.

4.2            The Customer must be at least 21 years of age to rent a Vehicle from Alba Campers.

4.3            The Customer must present one form of identification and two forms of proof of address when collecting the Vehicle. Acceptable forms include, but are not limited to, passports, bank statements and utility bills.  Details of our specific requirements will be notified to the Customer on booking.

5.               Rental Term

5.1            The Vehicle will be made available for collection by the Customer at the time, date and location shown in the Rental Agreement.  At our discretion, arrangements can be made for pick-up of Customers and transfer to the depot when we receive advance notice of the Customer’s arrival.

5.2            The agreed Rental term will be set out in the Rental Agreement and will be referred to in these Terms as the ‘Rental Term’. The Customer must return the Vehicle to Alba Campers at the location shown in the Rental Agreement (which may or may not be the collection location) at the end of the Rental Term.

5.3            If the Customer is late in returning the Vehicle, Alba Campers may charge the Customer for an additional day’s rental at the normal daily rate for that Vehicle plus any additional relevant charges, surcharges or excesses. The Rental Term will be extended by one day. The provisions of this sub-clause 5.3 shall continue to apply daily until the Vehicle is returned.

5.4            If the Customer wishes to extend the Rental Term, they may do so at any time prior to the end of the Rental Term. The Customer must contact Alba Campers to arrange such an extension. Extensions may be made for up to thirty (30) days subject always to the existence of prior reservations made by other customers. Alba Campers shall use all reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Vehicle to the Customer beyond the end of the pre-existing Rental Term.

5.5            Alba Campers reserves the right to recall the Vehicle immediately at any time. In the event that Alba Campers exercises this right the Customer will be reimbursed for any and all full days remaining in the Rental Term or will be issued immediately with a replacement Vehicle of the same Class or of the closest Class thereto at no additional cost. If the Vehicle is not returned to Alba Campers on request, Alba Campers will seek the recover the Vehicle. The Customer shall be charged for any costs associated with such recovery.

5.6            Alba Campers is required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Alba Campers. If the Customer discovers any damage (pre-existing) or fault with the Vehicle during the Rental Term, the Customer should inform Alba Campers as soon as is reasonably possible. Please also refer to clause 8. Alba Campers will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing the Customer any inconvenience, Alba Campers will repair the Vehicle (or have it repaired). If Alba Campers is unable to replace or repair the Vehicle (or have it repaired), or if the Customer would prefer to reject the damaged or faulty Vehicle, whether before or after a repair or replacement (if the replaced or repaired Vehicle is still damaged or faulty), Alba Campers will offer the Customer a refund equal to the remaining, unused part of the Rental Term. Any refund due to the Customer will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which Alba Campers agrees that the Customer is entitled to a refund. Refunds will be made using the same payment method originally used by the Customer unless the Customer specifically requests a different method. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.

6.               Fees and Payment

6.1            The Rental Fees will be determined by reference to the length of the Rental Term, the Class of the Vehicle, any relevant surcharges and any additional items which may be included in the Rental.  The Rental Fees include rental of the Vehicle, public liability insurance, third party vehicular insurance cover for one named driver over 21, cooking utensils and cutlery, a gas cooker, outside table and chairs and unlimited mileage.

6.2            Bookings are completed online or by phone or e-mail or in person at Alba Campers’ depot.  Payment may be made by either credit or debit card using our online third-party payment processor.

6.3            As security, a pre-authorisation will be held by us on your payment card at least three (3) days prior to the commencement of your Rental Term.  If you book within three (3) days of the commencement of your Rental Term, the pre-authorisation will be held on your payment card immediately on booking.

6.4            By providing your card details during booking, you are authorising and agreeing:

6.4.1.   that we may charge to your payment card any fees, costs or charges that may be due from you to us under these Terms and the Rental Agreement;

6.4.2.   that we may pre-authorise a hold on your payment card for any sum we may decide in our reasonable discretion reflects a necessary financial security and contingency for the performance and observance of your duties and obligations under these Terms and the Rental Agreement;

6.4.3.   that we may renew the pre-authorisation in sub-clause 6.4.2 above at any time during the Rental Term; and,

6.4.4.   that we may, in our reasonable discretion, at any time during the Rental Term and for a period of seven (7) days following the Rental Term vary the pre-authorisation amount in sub-clause 6.4.2 to a lower or higher amount to reflect your actual or anticipated liabilities to us, whether or not any amount has already been recovered from you

6.5.      The amount in sub-clause 6.4.2 above will be agreed and displayed during online booking or notified to you at commencement of the Rental Term. This amount, or the varied amount under sub-clause 6.4.4, will be released to you at the end of the Rental Term provided no costs have been incurred during the Rental Term under sub-clauses 7.9, 8.2, and 8.8. If such costs are incurred, they will be charged to your payment card, and only after we have recovered those costs will we release the pre-authorisation hold. 

6.6.      The amount we recover in clause 6.5 above may be more or less than the amount of the pre-authorisation hold and you acknowledge and agree this.  Where you have insufficient funds available on your payment card to cover those costs, or clause 6.7 below applies, we will invoice you for the shortfall and will require immediate payment.

6.7.      Where you cannot give us a pre-authorisation hold on a payment card and we nevertheless agree to a Rental, we will ask you to pay a cash security deposit to us, in an amount that we will notify to you and which must be received as cleared funds prior to the commencement of the Rental Term. 

6.8. Under the extra liability reduction option, Alba Campers may, in its absolute discretion, offer you the option of:

6.8.1.   waiving or reducing the amount of the pre-authorisation hold and any maximum hold we may place on your account under sub-clause 6.4.4 above; and,

6.8.2.   certain additional cover,

in consideration of payment of higher Rental Fees.

6.9. When you book with us in advance of your Rental Term, we may in our discretion offer you the option of paying a deposit, but in all cases the full Rental Fees will be taken at least fourteen (14) days prior to the Rental Term. If you book within fourteen (14) days of the commencement of the Rental Term, the full Rental Fees will be payable on booking, or as soon as possible thereafter.

6.10. In all cases, by booking with us and providing your card details during checkout you are giving us your agreement to take payment from your card of the full Rental Fees.

6.11. On payment of additional fees and surcharges, the Customer may select various optional extra features, benefits and services, such as pets, vehicle accessories, additional insurances and Additional Driver.6.12. All additional fees will be charged prior to the commencement of the Rental Term, if not already paid at the time the optional extra is requested.

6.13. If full payment cannot be made on the due date for any reason other than the fault of Alba Campers or the failure of its systems, the Customer shall be charged interest at the rate of eight percent (8%) above the base rate of the Bank of England on the outstanding balance from the due date up to and including the actual date of payment.

7.               Vehicle Usage

7.1            The Customer may only use the Vehicle for the normal purpose for which it is intended, which is the carrying and accommodation of passengers (up to the maximum number permitted for that particular Vehicle as indicated to the Customer at the start of the Rental Term) and associated luggage within the passenger compartment and luggage compartments of the Vehicle.

7.2            The Customer may not fit a roof rack, roof box or any other form of external carrier other than those approved and provided by Alba Campers.

7.3            Towing is permitted only where the Vehicle has been fitted with a towbar. Alba Campers will inform the Customer of the maximum towing weight for the Vehicle and provide instruction on the correct usage of the towbar at the time of collection, if applicable.

7.4            The Vehicle must not, under any circumstances, be used for the transportation of inflammable, toxic, corrosive, radioactive, biohazardous or other dangerous goods or substances.

7.5            Subject to the prior approval of Alba Campers, Customers are permitted to transport domestic pets in the Vehicle. The transportation of other animals is not permitted (save for those in trailers which are being towed as permitted under sub-clause 7.3).

7.6            Use of the Vehicle on anything other than normal public roads (the definition of “normal public roads” includes private roads, driveways, car parks etc.) is not permitted. This prohibition includes, but is not limited to:

7.6.1      Off-road driving (this applies even where the Vehicle is capable of such activity);

7.6.2      Participating in racing or other competitions of any kind; and

7.6.3      Speed testing or time trials.

7.7            Further restrictions apply to the Customer’s use of the Vehicle. The Customer may not:

7.7.1      Use the Vehicle for any illegal purposes (including exceeding speed limits and other breaches of the Highway Code);

7.7.2      Use the Vehicle whilst under the influence of alcohol or drugs;

7.7.3      Use the Vehicle for the purposes of instructing learner drivers;

7.7.4      Allow any other person to drive the Vehicle;

7.7.5      Use the Vehicle for the carrying of passengers for financial gain;

7.7.6      Use the Vehicle wholly or partly for the purpose of any Business; or

7.7.7      Sub-rent the Vehicle.

7.8            Unless otherwise agreed at the time of Rental, the Customer may only drive the Vehicle within mainland Great Britain.

7.9            During the term of the Rental the Customer shall ensure that they use the correct fuel. The Vehicle must be returned to Alba Campers with of approximately the same amount of fuel in the tank as there was on collection of the Vehicle. Failure to do so will result in the Customer being charged for the required amount of fuel.

7.10        In the event that the Customer uses incorrect fuel in the Vehicle they must neither drive it nor attempt to remove the fuel. The Customer must contact Alba Campers and Alba Campers shall dispatch its Recovery Service to take the necessary action. The Customer will be charged at the full rate for any expenses incurred by Alba Campers in this regard.

7.11        The Customer must always lock the Vehicle and activate any installed security systems when leaving it unattended, irrespective of the length of time for which it will be so left.

8.               Vehicle Care and Maintenance

8.1            The Vehicle will be supplied in a clean and road-worthy condition with a valid MOT certificate, having been fully valeted, and having had a visual safety inspection which includes topping up all necessary fluids and oil and checks on all tyres.

8.2            The Customer shall ensure that the Vehicle is returned to Alba Campers in a similarly road-worthy condition. Alba Campers will inspect the vehicle following its return and notify the Customer of any issues that may result in charges to the Customer under clauses 6.5 and 6.6 above.  Whilst the Customer is not required to clean the Vehicle under normal circumstances, any spillages or stains inside the Vehicle which occur during the term of the Rental will incur an additional charge. No replacement of fluids by the Customer is required however the Customer may (but not must), if necessary, refill the screen wash reservoir with suitable pre-mixed or diluted screen wash.

8.3            If the tyres on the Vehicle become damaged during the term of the Rental for any reason other than normal wear and tear the Customer must replace, at their own expense, that / those tyre(s) with tyres that are of adequate quality (for which, in the case of doubt or dispute, the recommendation of a reputable mechanic or tyre fitter will be considered sufficient) and of the same type and dimensions. The Customer must inform Alba Campers of any such replacements.

8.4            Where the Rental is agreed to be inclusive of breakdown cover, this shall be provided by Alba Campers’ Recovery Service. The Customer will be provided with contact details for the Recovery Service at the time of collection. Under no circumstances should the Customer use any other recovery service.

8.5            If any mechanical failure occurs during the Rental Term the Customer must immediately cease driving the Vehicle and contact Alba Campers whereupon Alba Campers shall dispatch its Recovery Service to take the necessary action. Alba Campers will bear the expense of any remedial work required provided the damage or failure is not found to be the fault of the Customer and provided such remedial work is carried out by an authorised repairer.

8.6            The Customer should not attempt to make any repairs to the Vehicle. This includes, but is not limited to, mechanical repairs and bodywork repairs.

8.7            In the event of vehicular failure under sub-clause 8.5, Alba Campers shall have the option of repairing the Vehicle or making a replacement Vehicle available to the Customer.

8.8            Alba Campers shall ensure that the Vehicle is insured pursuant to clause 9. If any damage occurs to the Vehicle for which an insurance claim cannot be made, the Customer shall be deemed fully responsible.

9.           Insurance

Standard insurance cover is provided as part of the Rental.

10.            Accidents and Theft

10.1        In the event of an accident, the Customer must not admit any fault or responsibility. The Customer should take the following steps:

10.1.1   Make a detailed note of the names, addresses, telephone numbers and car registration numbers of any other parties involved in the accident – indicating also whether those parties are the owners of their respective vehicles;

10.1.2   Make a detailed note of the names, addresses and telephone numbers of any witnesses;

10.1.3   Contact the police in the event of any suspected injuries or any disputes over responsibility;

10.1.4   Contact the rental office of Alba Campers from which the Vehicle was collected and inform them of the accident, following any further instructions Alba Campers may issue;

10.1.5   Secure the Vehicle in a safe location, with police assistance if necessary.

10.2        If the Vehicle is stolen the Customer must firstly inform the police of the incident, providing all details requested. The Customer must then inform Alba Campers by contacting the rental office from which the Vehicle was collected, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.

11.            Fines, Penalties, Tolls and other Charges

11.1        In the event that a penalty charge notice, fine or similar penalty is issued which concerns the Vehicle during the Rental Period, Alba Campers will pass the customers details on to the issuing authority.  The customer is solely responsible for all such Fines, Penalties, Tolls and Other charges during their rental period.

11.2        If the Customer receives any parking fines while the Vehicle is in their possession, full payment of such fines must be made by the Customer directly to the relevant authority.

11.3        If the Customer takes the Vehicle on any toll road or other chargeable route, including but not limited to the London Congestion Charging Zone, the Customer shall be solely responsible for paying the requisite charges.

11.4        For any such incidents as referred to in clauses 11.1, 11.2 and 11.3 above (and similar that involve the imposition of statutory fines, charges and fees), the Customer accepts full responsibility and liability and acknowledges and agrees that Alba Campers shall have the right to pass the Customer’s name and address details (and the name and address details of any named driver, if different) on the relevant authority and to any other agency or authority or private company or other person for law enforcement purposes.

12.            How We Use Your Personal Information (Data Protection)

12.1        All personal information that Alba Campers may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR.

12.2        For complete details of Alba Campers’ collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Alba Campers’ Privacy & Cookie Policy, which is available on our website.

13.       Cancellation of Rental

13.1.    Cancellations must be notified to us in writing, which may be by post or e-mail, using the business contact details displayed on our website from time-to-time.

13.2.    For the avoidance of doubt, we reserve the right to treat requests to vary the Rental Term as ‘cancellations’:

13.2.1.             where clause 5.4 above does not apply; and,

13.2.2.             we consider it reasonable to do so;

 in which case we will apply the provisions of this clause 13, the deemed date of cancellation shall be the date we received your request to vary the Rental Term, and the Customer will be required to re-book the Rental and enter into a new Rental Agreement.

13.3.    Where the Rental Agreement is not made “on Our premises”, the Customer has a statutory right to a “cooling off” period.  This period begins once the contract is formed and ends at the end of fourteen (14) calendar days after the date on which the contract is formed.

13.4.    If you exercise your right to cancel the Rental during the cooling-off period, then provided the Rental Period has not commenced, you will be refunded in full less any costs reasonably incurred by us in reserving your Vehicle.

13.5.    If your Rental Period commences during the cooling-off period, then you will be deemed to have waived your statutory right to cancel the Rental.

13.6.    After the cooling-off period in clause 13.3 above expires, or where the rights in clause 13.1 do not apply, the following shall apply, at all times to reasonably reflect our costs in reserving Vehicles for Customers:

13.6.1. If your notification of cancellation is received by us at least thirty (30) days prior to the commencement of the Rental Term, you will be refunded in full, less any costs reasonably incurred by us in reserving your Vehicle.

13.6.2. If your notification of cancellation is received by us less than thirty (30) days but more than fourteen (14) days prior to commencement of the Rental Term, we will refund to you a sum equal to ninety percent (90%) of your total reservation amount.

13.6.3.. If your notification of cancellation is received by us less than fourteen (14) days but more than seven (7) days prior to commencement of the Rental Term, we will refund to you a sum equal to fifty percent (50%) of your total reservation amount.

13.6.4. If your notification of cancellation is received by us less than seven (7) days prior to the Rental Term but not on the day of commencement of the Rental Term, we will refund to you a sum equal to twenty five percent (25%) of your total reservation amount.

13.6.5. If your notification of cancellation is received by us on the day of the Rental Term or you otherwise refuse or fail to take up the Rental, there will be no refund to you.

13.7.   Where clause 13.2 above applies, any refund due to you under clause 13.6 will be held by us to your order for a period of up to thirty (30) days.  If during this period you re-book a Rental with us, the refund amount will be set-off against the Rental Fees then payable and any surplus will be refunded to you within thirty (30) days of the date of the new Rental.  If you do not re-book with us or you otherwise request that the refund amount is returned to you, it will be refunded to your payment card within thirty (30) days of the deemed date of cancellation defined in clause 13.2 above.

13.8.   Where clause 13.2 does not apply, all refunds shall be made to the payment card within thirty (30) days of the date of your cancellation notice.

14.       Termination

14.1.    The Rental Period shall not exceed six (6) weeks (‘the Maximum Rental Period’) and any Rental Period that continues for the Maximum Rental Period shall automatically terminate and may be renewed at the discretion of Alba Campers.

14.2.    Alba Campers shall be entitled to terminate the Rental Agreement in the event that:

14.2.1. the Customer is in breach of these Terms and Conditions;

14.2.2. the Customer has had their personal belongings confiscated in order to satisfy debts; or

14.2.3. the Customer has a receiving order made against them.

14.3.    In the event of termination for any of the above reasons:

14.3.1. all payments required under the Rental Agreement shall become due and immediately payable; and

14.3.2. Alba Campers shall have the immediate right to request the immediate return of the Vehicle or repossess the Vehicle and may charge the Customer for any reasonable costs involved in such repossession.

15.       Alba Campers’ Liability

15.1.    Alba Campers shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of Alba Campers’ breach of these Terms or as a result of Alba Campers’ negligence. Loss or damage is foreseeable only if it is an obvious consequence of Alba Campers’ breach or negligence or if it is contemplated by the Customer and Alba Campers when the Rental Agreement is formed. Alba Campers will not be responsible for any loss or damage that is not foreseeable.

15.2.    In any event, Alba Campers’ total liability under these Terms shall be limited to the value of the contract between Alba Campers and the Customer, that is, the total Rental Fees payable by the Customer.

15.3.    Nothing in these Terms seeks to exclude or limit Alba Campers’ liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

15.4.    Nothing in these Terms seeks to exclude or limit Alba Campers’ liability with respect to the Customer’s rights as a consumer. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.

16.       Events Outside of Alba Campers’ Control (Force Majeure)

Alba Campers shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Alba Campers’ reasonable control.

17.       Communication and Contact Details

The Customer may contact Alba Campers in person at Alba Campers’ depot, by telephone on 0131210003, by email at info@albacampers.com

18.       Complaints and Feedback

18.1.    Alba Campers always welcomes feedback from its customers and, whilst Alba Campers always uses all reasonable endeavours to ensure that its customers’ experience is a positive one, Alba Campers nevertheless welcomes the opportunity to resolve any complaints.

18.2.    All complaints are handled in accordance with Alba Campers’ complaints handling policy and procedure, available by e-mailing us at info@albacampers.com.

18.3.    If the Customer wishes to complain about any aspect of its dealings with Alba Campers, including, but not limited to, these Terms and Conditions, the Rental Agreement, or the Vehicle, please contact Alba Campers in one of the following ways:

18.3.1. By email, to info@albacampers.com

18.3.2. By contacting Alba Campers by telephone on 0131 210003.

19.       Other Important Terms

19.1.    Alba Campers may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) to a third party (this may happen, for example, if Alba Campers sells its business). If this occurs the Customer will be informed by Alba Campers. The Customer’s rights under these Terms will not be affected and Alba Campers’ obligations under these Terms will be transferred to the third party who will remain bound by them.

19.2.    The Customer may not transfer (assign) their obligations and rights under these Terms (and under the Rental Agreement, as applicable) without Alba Campers’ express written permission.

19.3.    The Rental Agreement is between the Customer and Alba Campers. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

19.4.    If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms shall be valid and enforceable.

19.5.    No failure or delay by Alba Campers in exercising any of its rights under these Terms means that it has waived that right, and no waiver by Alba Campers of a breach of any provision of these Terms means that it will waive any subsequent breach of the same or any other provision.

20.       Governing Law and Jurisdiction

20.1.    These Terms and Conditions, the Rental Agreement, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.

20.2.    As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in sub-clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3.    Any dispute, controversy, proceedings or claim between you and us relating to these Terms, the Rental Agreement, or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.