ALBA OUTDOORS

EQUIPMENT RENTAL TERMS AND CONDITIONS

VERSION 1 – APPLICABLE from 01/07/2023 onwards

BACKGROUND:

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

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

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

• Definitions and Interpretation

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

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

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

1.1.2. 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;

1.1.3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules (if any) as amended or supplemented at the relevant time;

1.1.4. 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,

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

1.2. 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.

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

1.4. References to any gender shall include the other gender.

• Information About Alba Outdoors

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

1. VAT Registration number: 414 1234 46.

1. Alba Outdoors may from time-to-time publish the range of Equipment offered for rental, but the fulfilment by Alba Outdoors of all bookings shall be subject to availability and Alba Outdoors reserves at all times the right to decline a booking for any reason or no reason.  

1. No assurance can be offered that any Equipment provided for rental shall match precisely the description or specification advertised.  All published specifications and descriptions are for the purpose of guidance and information only.

• Eligibility Requirements

1. The Customer must be at least 21 years of age to rent the Equipment from Alba Outdoors.

3.2. Alba Outdoors reserves the right to require that the Customer present proof of identity and proof of address when collecting the Equipment.  Details of our specific requirements may be published from time-to-time on our website.

• Rental Term

4.1. The Equipment will be made available for collection by the Customer at the time, date and location shown in the Booking Confirmation.  The Customer must sign a Release Form at collection to confirm that the Customer is satisfied with the state and condition of the Equipment and that the Equipment is free of faults and defects.

4.2. The agreed Rental term will be set out in the Booking Confirmation and will be referred to in these Terms as the ‘Rental Term’. The Customer must return the Equipment to Alba Outdoors at the location shown in the Booking Confirmation (which may or may not be the collection location) at the end of the Rental Term and sign a Returns Form to confirm that the Equipment is being returned undamaged and without fault, or declare any fault with or damage to the Equipment, as the case may be.

4.3. If the Customer is late in returning the Equipment, Alba Outdoors may charge the Customer for an additional day’s rental at the normal daily rate for that Equipment plus any additional relevant charges, surcharges or excesses. The Rental Term will be extended by one day. The provisions of this sub-clause 4.3 shall continue to apply daily until the Equipment is returned.

4.4. 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 Outdoors to arrange such an extension. Extensions shall be at the absolute discretion of Alba Outdoors and may be made for up to thirty (30) days subject always to the existence of prior reservations made by other customers. Alba Outdoors shall use all reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Rental Term.

4.5. Alba Outdoors reserves the right to recall the Equipment immediately at any time. In the event that Alba Outdoors 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 replacement Equipment of the same specification or of the closest specification thereto at no additional cost. If the Equipment is not returned to Alba Outdoors on request, Alba Outdoors will seek the recover the Equipment. The Customer shall be charged for any costs associated with such recovery.

4.6. Alba Outdoors 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 Outdoors. If the Customer discovers any damage (pre-existing) or fault with the Equipment during the Rental Term, the Customer should inform Alba Outdoors as soon as is reasonably possible. Please also refer to clause 8. Alba Outdoors will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing the Customer any inconvenience, Alba Outdoors will repair the Equipment (or have it repaired). If Alba Outdoors is unable to replace or repair the Equipment (or have it repaired), or if the Customer would prefer to reject the damaged or faulty Equipment, whether before or after a repair or replacement (if the replaced or repaired Equipment is still damaged or faulty), Alba Outdoors 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 Outdoors 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.

• Fees and Payment

5.1. The Rental Fees will be determined by reference to the length of the Rental Term, the Equipment, any relevant surcharges and any additional items which may be included in the Rental.  The Rental Fees include rental of the Equipment, public liability insurance, and third party insurance cover (if applicable).

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

5.3. 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. 

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

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

5.4.2. 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;

5.4.3. that we may renew the pre-authorisation in sub-clause 5.4.2 above at any time during the Rental Term; and,

5.4.4. 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 5.4.2 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

5.5. The amount in sub-clause 5.4.2 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 5.4.4, 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.  

5.6. The amount we recover in clause 5.5 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 5.7 below applies, we will invoice you for the shortfall and will require immediate payment.

5.7. 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.  

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

5.8.1. waiving or reducing the amount of the pre-authorisation hold and any maximum hold we may place on your account under sub-clause 5.4.4 above; and, 

            5.8.2. certain additional cover, 

            in consideration of payment of higher Rental Fees.

5.9. 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.

5.10. 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.

5.11. If full payment cannot be made on the due date for any reason other than the fault of Alba Outdoors 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.

• Equipment Usage

6.1. The Customer must adhere to any instructions provided for the safe and proper use of the Equipment and may only use the Equipment for the normal purpose for which it is intended.

6.2. The Customer may not modify the Equipment without the express prior written consent of Alba Outdoors.

6.3. Restrictions apply to the Customer’s use of the Equipment. The Customer may not:

6.3.1. Use the Equipment for any illegal purposes;

6.3.2. Use the Equipment wholly or partly for the purpose of any Business; or 

6.3.3. Sub-rent the Equipment.

6.4. The Customer must always keep the Equipment in locked storage.

• Equipment Care and Maintenance

7.1. The Customer shall ensure that the Equipment is returned to Alba Outdoors in substantially the same condition as at commencement of the Rental Term, excepting normal wear and tear, together with any documentation provided with the Equipment by Alba Outdoors. Alba Outdoors will inspect the Equipment 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.  Any damage, spillages or stains which occur during the term of the Rental will incur an additional charge. 

7.2. If the Equipment becomes damaged during the term of the Rental for              any reason other than normal wear and tear, the Customer may optionally replace, at their own expense, Equipment that is of the same quality and of the same type and dimensions. The Customer must inform Alba Outdoors of any such replacements.

7.3. If any mechanical failure occurs during the Rental Term, the Customer must immediately cease using the Equipment and contact Alba Outdoors. Alba Outdoors 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.

7.4. The Customer will carry out all routine daily maintenance tasks applicable to the Equipment and if necessary familiarise him- or herself with the tasks required by reading any instructions issued by Alba Outdoors or the manufacturer or other responsible party.  The Customer shall not attempt to make any repairs to the Equipment. 

7.5. In the event of vehicular failure under sub-clause 7.3, Alba Outdoors shall have the option of repairing the Equipment or making a replacement Equipment available to the Customer.

7.6. Alba Outdoors shall ensure that the Equipment is insured for third party risks, and where appropriate, public liability. If any damage occurs to the Equipment for which an insurance claim cannot be made, the Customer shall be deemed fully liable and responsible for prompt payment to Alba Outdoors of the reasonable commercial replacement value of the Equipment.

• Theft

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

• How We Use Your Personal Information (Data Protection) 

12.1. All personal information that Alba Outdoors 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 Outdoors’ 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 Outdoors’ Privacy & Cookie Policy and our GDPR Compliance Statement,which are available on our website, which are available on our website and form part of these Terms.

1. Cancellation of Rental 

          10.1. 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.

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

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

10.2.2. 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.

1. Where the Rental is not entered into “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.

1. 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 Equipment.

1. 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.

1. After the cooling-off period in clause 10.3 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 Equipments for Customers:

10.6.1. If your notification of cancellation is received by us at least forty-eight (48) hours  prior to the commencement of the Rental Term, you will be refunded in full, less any costs reasonably incurred by us in reserving your Equipment.

10.6.2. If your notification of cancellation is received by us less than forty-eight (48) hours prior to the Rental Term or you otherwise refuse or fail to take up the Rental, there will be no refund to you.

           10.7. Where clause 10.2 above applies, any refund due to you under clause 10.6 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 10.2 above.

1. Where clause 10.2 does not apply, all refunds shall be made to the payment card within thirty (30) days of the date of your cancellation notice.

• Termination

11.1. The Rental Period shall not exceed fourteen (14) calendar days (‘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 Outdoors. 

11.2. Alba Outdoors shall be entitled to terminate the Rental in the event that:

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

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

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

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

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

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

12. Alba Outdoors’ Liability

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

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

12.3. Nothing in these Terms seeks to exclude or limit Alba Outdoors’ 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.

12.4. Nothing in these Terms seeks to exclude or limit Alba Outdoors’ 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.

13. Events Outside of Alba Outdoors’ Control (Force Majeure)

Alba Outdoors 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 Outdoors’ reasonable control.

14. Communication and Contact Details

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

15. Complaints and Feedback

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

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

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

15.3.1. By email, to info@albacampers.com 

15.3.2. By contacting Alba Outdoor by telephone on 0131 210003.

16. Other Important Terms

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

16.2. The Customer may not transfer (assign) their obligations and rights under these Terms without Alba Outdoors’ express written permission.

16.3. The Rental is between the Customer and Alba Outdoors. 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 .

16.4. The Booking Confirmation, Release Form and Returns Form shall form part of these Terms and be considered incorporated in these Terms when produced or signed.

16.5. 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.

16.6. No failure or delay by Alba Outdoors in exercising any of its rights under these Terms means that it has waived that right, and no waiver by Alba Outdoors 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

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

1. 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 or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.