Terms and Conditions of Booking
A copy of our standard terms of contract is set out below. Making a booking constitutes your agreement to these terms and conditions.
TERMS OF CONTRACT
- 1. King’s Lynn Storage, 15 Common Road, Kings Lynn, Norfolk, PE34 3EN.
- (‘The Operator’). This agreement is made between
- o 1.1. The Operator;
- o 1.2. (‘the
- 2. The Site is that part of the Operator’s premises at 15 Common Road, Kings Lynn, Norfolk, PE34 3EN, designated by the Operator for the storage of caravans.
- 3. The Operator agrees during the subsistence of this Licence to allow the Customer to park [ ] caravan(s) on a specifically allocated part of the Site
(‘the Allocated Area’), as specified in the Schedule for a period agreed, from [date] until [date] (‘the Expiry Date’) subject to the conditions set out below.
- 4. For this service the Customer will pay the Operator the agreed sum.
- Payment may be made Monthly, Quarterly, or Yearly.
- 5. This Licence is personal to the Customer and cannot be assigned nor the benefit passed on by the Customer to any other person, firm or company.
Use of the Allocated Area
- 6. The Allocated Area may be used for storing the caravan(s)/motorhomes only and no other purpose. In particular, and without limiting the generality of the foregoing the stored caravans must
remain unoccupied and no repairs, filling or emptying of gas bottles, tanks or toilets or caravan washing or cleaning may be undertaken without the specific permission of the Operator.
- o 7.1. All caravans are
to be parked correctly within their Allocated Area(s), or left secure in the collection/delivery area.
- o 7.2. All caravans and
the allocated plot area must be kept tidy and no litter left behind.
- o 7.3. No trading is
permitted from The Site, and caravans must not be offered or advertised for sale while on The Site without the operators permission.
Indemnity and insurance
- 8 Storage of the Customer’s caravan(s) is at the Customer’s risk and the Operator is not to be responsible for loss or damage of any caravan or contents or for death or injury or damages to
persons or property arising from the storage of the caravans specified in the Schedule.
- 9 The Customer must:
- o 9.1 indemnify the
Operator against all actions, proceedings, costs, claims and liabilities arising from the storage of the caravans in the Allocated Area; and
9.2 insure against such liability, with a reputable insurer against fire and other usual risks and third party liability.
- 10 For the avoidance of doubt, the Operator shall not have any liability to the Customer for any of the following whatsoever or howsoever caused or arising:
- o 10.1.1 loss of profit,
loss of use, goodwill or, business interruption;
10.1.2 indirect, consequential or special loss or damage.
10.1.3 any liability arising from vermin infestation. However a recognised vermin control regime is in place and will be maintained and monitored regularly by the Operator.
- 11 Neither party excludes or limits liability to the other party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation nor where liability cannot be
excluded or limited as a matter of law (e.g. breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 (as amended), Section 2 of the Supply of Goods and Services Act 1982 nor for
damage caused by defective products within the meaning of the Consumer Protection Act 1987 Part 1)
- 12 If the Operator is prevented from providing its obligations by reason of a Force Majeure Event then the Operator shall have no liability to the Customer in respect of the delay or failure to
perform its obligations.
- o 12.1.1 If the Operator
is likely to be affected by a Force Majeure Event it shall give notice in writing to the Customer.
- o 12.1.2 If the Force
Majeure Event continues for a continuous period in excess of one (1) Month either party shall be entitled to give notice in writing to the other to end the arrangements between the parties under
- o ‘Force Majeure Event’
means an act beyond the reasonable control of the Operator, including, but not be limited to, war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes or
other industrial action, accident, technical problems with transportation, natural disaster, storm, flood, fire.
- 13 VAT
All sums payable under this agreement, unless otherwise stated, are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums are to be payable in
addition to them.
- 14 Termination
This Licence is to determine:
- o 14.1 if the Customer
fails to keep any of the above terms; and
14.2 upon the Expiry Date unless the Licence term is extended as hereafter provided.
- 15 This Licence may be extended to continue after the Expiry Date by agreement in writing between the parties. If so extended the Licence will determine upon the expiration of one month’s written
notice expiring at any time in which may be served by either party on the other.
- 16 Upon the determination of the Licence in accordance with the provisions of either clause 12 or 13 the Customer must remove the caravan(s) from the Site and this Licence will determine without
prejudice to any rights the Operator may have against the Customer for breach of the terms of this Licence or otherwise.
- 17 Overdue payments
If any part of the Licence Fee or other payments by the Customer provided for in this Licence shall be unpaid for 30 days after becoming payable (whether lawfully demanded or not) or if the Customer
shall become bankrupt or enter into any composition or arrangement with his creditors or (being a company) shall enter into liquidation whether compulsory or voluntary it shall be lawful for the
Operator to enter the Allocated Area or any part thereof and levy distress on any of the Customer’s goods in such Space, to dispose of such goods and fixtures in due course of law and to apply the
proceeds from such distress in or towards payment of the Licence Fee or other payments which may be in arrears and all costs charges and expenses incurred in the exercise of such distress and
disposal of the goods.
- 18 General
- o 18.1 Where under any of these Conditions notice is required to be given by either party to the other such Conditions shall be satisfied by a written
notice signed by an officer of the relevant party and transmitted either by post, telex or facsimile to the registered office in the case of King's Lynn Storage or such other address as King's Lynn Storage shall notify to the Customer and to the address that the Customer shall notify
to King's Lynn Storage as set out on the Front Sheet.
- o 18.2 If any wording in any provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction, such wording shall be severed from these Conditions, and the remainder of that provision and the other remaining provisions hereof shall continue in full force and effect as if these
Conditions had been executed with the invalid, illegal or unenforceable wording eliminated.
- o 18.3 No variation of these Conditions (or to any contract made pursuant to these Conditions) shall be binding upon the parties unless the same shall
be in writing duly signed by an authorised representative of King's Lynn Storage and the Customer on its behalf and such variation
shall be particular to the circumstances mentioned by such writing and shall not be regarded as a general variation.
- o 18.4 The failure of a party to insist upon strict performance of any provision of these Conditions (or to any contract made pursuant to these
Conditions), or the failure of either party to exercise any right or remedy to which it is entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the
obligations established by these Conditions (or to any contract made pursuant to these Conditions).
- o 18.5 Subject to the specific limitation set out in these Conditions, no remedy conferred by any provision of these Conditions is intended to be
exclusive of any other remedy except as expressly provided for in these Conditions and each and every remedy shall be cumulative and shall be in addition to every other remedy given there under
existing law or in equity by statute or otherwise.