These terms and conditions (Terms) govern the relationship between, SF Parks Ltd (Company number 07412860), Banks House, Ty Isa Road, Llandudno, LL30 2PL (“Provider”) and any caravan Owner (collectively, “Owners”) who uses the Whenever Check-In Application (Application).
(1) The Whenever Caravan Check-in Application offers a Service where Owners can arrange for customers who have privately hired the Owner’s caravans (Hirers) to check-in to the Owner’s caravan.
(2) The Owner can log-in to the Application using their log-in details and provide the required check in information to the Provider. These details will then be sent to the Provider, which will arrange the check-in, and release the caravan keys to the Hirer.
(3) The Provider will only provide the Owner’s caravan keys to the Hirer who is named on the booking form.
(4) The Provider offers a check-in service only. All up-keep and maintenance of the caravan is the responsibility of the Owner. Owners must ensure that their caravans are in a suitable condition to rent to Hirers. The Provider asks all Owners to ensure they have the relevant insurance in place to cover hiring out a caravan, and also any relevant testing has been undertaken (i.e. gas certificates, electrical testing etc.)
(5) No responsibility will be held by the Provider for any loss/damage to the Owner’s caravan during the hire period.
(6) The Provider is not, and does not become, party to any contractual relationship between the Hirer and the Owner, and does not mediate between the Hirer and the Owner in the event of any dispute arising between them. Neither the Owner nor the Hirer of any Caravan shall have any claim whatsoever against the Provider in respect of the hire or other arrangements made between them in relation to the hiring of any Caravan. The Provider will not get involved with regards to no-shows, disputed payments, cancellations, refunds, compensation or complaints of any nature whatsoever.
(7) The Provider reserves the right to decline to check in any Hirer if it appears, in the Provider’s discretion, that the Hirer may infringe, or be associated with the infringement of, any Caravan Site Rules.
3.Rights and obligations of the Provider
(1) The Provider shall be entitled to change the layout and content of the Application without prior notice.
(2) The Provider may occasionally undertake upgrades of the Application in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions of use. The Provider will, where possible, aim to ensure that maintenance that causes any such restriction is undertaken at a time when most Owners’ usage is least affected. The Owner shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
(3) The Provider does not guarantee that the Application or any content will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
(4) The Provider complies with its data protection obligations. The Owner authorises the Provider to provide the Owner’s contact details, including telephone number to Hirers in connection with a check-in. The Owner must comply with data protection obligations and ensure that Hirers are informed that their details are given to the Provider for the purpose of checking-in.
(5) The Provider reserves the right to suspend, or terminate provision of services to any Owner which is or appears in the reasonable opinion of the Provider to be in breach of the Terms.
(6) The Provider reserves the right to change the Terms at any time. Owners will be notified via the Application.
4.The Provider’s limited liability and indemnity
(1) In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Application, your use of the Application and/or any transaction between Owners and Hirers, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the service, you do not agree with any part of these Terms, then your sole and exclusive remedy against the Provider is to discontinue using the Application. In all events, our liability to you, or any third party in any circumstance arising out of or in connection with the Application is limited to £100.00 in the aggregate.
(2) Nothing in these Terms shall be construed as limiting liability for death or personal injury caused by the negligence of the Provider, the Provider’s fraud, fraudulent misrepresentation or any other matter for which it would be permitted by law for us to exclude or attempt to exclude our liability.
(3) The Provider reserves the right to remove from sale any goods or services, to cancel, withdraw, or suspend all or any of the services for technical, legal or regulatory reasons without penalty or compensation to any Owner or Hirer.
(4) The Owner shall indemnify and hold the Provider harmless against any claims by third parties brought against the Provider arising out of or in connection with:
a) any breach of these Terms on the part of the Owner;
b) Any breach or inaccuracy in the Owner’s representations and warranties to the Hirer.
The Owner shall not directly or indirectly:
(a) With respect to the Application, its content, and databases comprised in the Application, in any form, whether by using automatic devices or manual processes: exploit, copy, distribute, reproduce, edit, make publicly accessible or decompile any of the same;
(b) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
(c) Use the Application for purposes other than those referred to in these Terms;
(d) interfere with, damage or disrupt the Application.
(e) Transmit content on the Application that breaches any applicable criminal or other laws, or encourages any such breach;
(f) Use or access the Application in any way that might endanger any computer system or network, including by making available any virus, worm, Trojan horse or any other contaminating or destructive features.
(g) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
(h) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
7.Usernames and Passwords
Owners are required to keep their account login details secret and not to pass them on to third parties. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that information.
8.Information and Third Parties
(2) We may provide links to the websites of other companies. We cannot give any undertaking that products or services you may purchase from these websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
9.Governing Law and Entire Agreement
(1) These Terms, and the relationship between the Owner and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English and Welsh courts.
(2) These Terms contain the entire agreement between the Provider and Owner relating to their subject matter.
(1) The invalidity of one or more provisions of these Terms shall not affect the validity of the other provisions.
(2) The Provider’s failure to act with respect to a breach of these Terms by the Owner or others does not waive the Provider’s right to act with respect to subsequent or similar breaches.
(3) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms.
(4) The Provider reserves the right to transfer these Terms, and to assign or subcontract any or all of its rights and obligations under these Terms, to a third party.