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Customer Terms

These terms are between the Operator, the customer (you) and us (USkip Ltd).

DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Balance Due Date the date on which the balance (being the difference between the Deposit and Price) is due by you.

Business Day a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Business Hours 08:00 to 18:00 on any Business Day.

Collection Date the date (and time) on which the Product will be collected from you, being no more than 2 weeks after the Delivery Date as set out in the Reservation.

Delivery Date the date (and time) on which a Product will be delivered to you by the Operator as set out in the Reservation.

Deposit the sum required from you when making the Reservation to secure the Product for Services.

Events Outside of Control as defined in clause 9.

Location the address at which the Services are to be provided, as set out in the Reservation.

Operator the provider of the Services, whose details have been provided to you via the USkip Platform, and which USkip agrees to enter into this agreement with.

Price the total price as advertised on the USkip Platform payable prior to Reservation, including Operator Price and Customer Service Charge.

Product the skip or any other item provided to you by the Operator in order to fulfil the Services.

Reservation your request for the Services as submitted through the USkip Platform.

Service the provision of a Product at the Location for between the Delivery Date and Collection Date by the Operator.

Specific Terms specific restrictions applicable to a Reservation as specified by the Operator or us.

Terms the terms and conditions set out in this document, the Specific Terms and any other terms provided to you by us or the Operator.

USkip Platform The website USkip.com and any application provided by USkip via which the Services are advertised.

we/our/us USkip Limited (Company No 08361160) whose registered office is at 5 Ducketts Wharf, South Street, Bishop's Stortford, Hertfordshire, United Kingdom, CM23 3AR.

1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail but exclude fax unless we say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which the Services are supplied to you.

2.2 We market Products for consumer (i.e. non-commercial) use. While you may reserve a Product via us, the Products are provided by an Operator, the details of which will be given to you upon payment of the Deposit and successful confirmation of your Reservation.

2.3 You are solely responsible for the arrangement and provision of all necessary permits and permissions for the Operator to provide the Product between the Delivery Date and Collection Date.

2.4 Please ensure that you read these Terms carefully, and check that the details on the Reservation (including the Delivery Date and Collection Date) and in these Terms are complete and accurate, before you submit the Reservation. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.

2.5 When you submit the Reservation to us, we will send you a Reservation confirmation email. This does not mean we or the Operator has accepted your order for Services. Acceptance of the Reservation will take place as described in clause 2.6. If we or the Operator is unable to supply you with the Service, we will inform you of this in writing and we will not process the Reservation.

2.6 These Terms will become binding on all parties when the Operator issues you with acceptance of a Reservation via email, at which point a contract will come into existence between all parties.

2.7 If any of these Terms conflict with any term contained within the Reservation, the acceptance of a Reservation, or the Specific Terms, the most recent issues document will take priority.

2.8 We may assign a reference number to the Reservation and inform you of it when we confirm the Reservation. Please quote the reference number in all subsequent correspondence with us.

2.9 You guarantee that you will be present at the Location (or a suitable individual shall be present) at the Location on the Delivery Date and Collection Date. The Operator reserves the right to make a reasonable additional charge (being not more than £75) in the event that you, or another individual appointed by you, is not at the Location at the Delivery Date or Collection Date.

2.10 Any illustrations, photographs and other imagery displayed are for illustrative purposes only are subject to change and not warranty or other representation is made as to the quality of the Services by the Operators.

2.11 You confirm that you are over the age of 18.

3. OPERATOR’S CONTRACT WITH YOU

3.1 Once the Operator has accepted your Reservation (see clause 2.5) the Operator agrees to provide Services in accordance with these terms.

3.2 The Operator agrees to meet the minimum standards as required by us to ensure the Service is suitable, including but not limited to, health and safety measures, waste disposal legislation etc., but we make no guarantee and you use the Service entirely at your own risk.

3.3 You or the Operator can cancel this contract in accordance with clauses 12 and 13.

4. CHANGES TO BOOKING OR TERMS

4.1 We may revise these Terms from time to time in the following circumstances:

4.1.1 changes in how we accept payment from you; or

4.1.2 changes in relevant laws and regulatory requirements; or

4.1.3 if we have a valid commercial reason to do so.

4.2 If we have to revise these Terms under clause 4.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12.

4.3 You may request a change to the Reservation for Services by contacting the Operator or us via the Resolution Centre on the USkip Platform. Any changes to the Reservation:

4.3.1 are permitted at the sole discretion of us or the Operator;

4.3.2 that results in a change in the total price of the Services, we will notify you of the amended price in writing. If you do not wish to accept the amended price then the Reservation shall remain as originally placed.

4.4 If you wish to cancel a Reservation before the start date for Services, please see your right to do so in clause 12.

5. RESTRICTIONS ON USE OF THE SERVICES

5.1 The Operator will supply the Services to you between Delivery Date and Collection Date, as set out in the Reservation.

5.2 The Operator may provide you with Specific Terms prior to or upon Reservation, if you do not agree to those Specific Terms, you must notify us and the Operator and cancel your Reservation

5.3 Provision of the Services is subject to your adherence to the terms of this Agreement and the Specific Terms, where provided.

5.4 The Operator will make every effort to make the Services available to you on time. However, there may be delays due to an “Event Outside of Control”. See clause 11 for our responsibilities when an Event Outside of Control happens.

5.5 If you do not pay us or the Operator for the Services when you are supposed to, the Services will not be provided.

5.6 Any Specific Terms provided to you upon Reservation, shall be incorporated into these Terms and breach of any of the Specific Terms will be treated as a breach that entitles us and/or the Operator to cancel the contract.

5.7 You must adhere to the Terms of Use in relation to the Services provided by the Operator. Breach of any of the Terms of Use will be treated as a breach that entitles us and/or the Operator to cancel the contract.

6. DEPOSIT

6.1 A Deposit may be required to be paid by you in respect of the Reservation.

6.2 Where a Deposit is required, it must be paid by you before the Delivery Date.

6.3 We or the Operator may invoice you and/or attempt to charge your card details (where provided) in order to recover reasonable costs if the Deposit or Price paid under this clause 6 is insufficient to repair or replace any damage caused to the Operator’s Product or during your use of the Services.

7. PRICE AND PAYMENT

7.1 The Price will be set out at the time you place your Reservation and at the time we confirm your Reservation.

7.2 All Payments may be made by debit card or credit card.

7.3 Cheques, American Express, bank transfers and postal orders are not accepted as payment.

7.4 Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes between the date of the Reservation and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

7.5 If payment fails from your provided method we will notify you and we will reattempt to take payment from you within approximately 24 hours.

7.6 If you do not make any payment due to us when it is due for payment, we and/or the Operator may cancel your Services and terminate this contract. In these circumstances, your rights to a refund are set out in clauses 13 and 14.

8. LEGAL RIGHTS AND COMPLAINTS

As a consumer, you have legal rights in relation to Services not offered to you with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.1 In the event of a complaint about the Services:

8.1.1 you must first raise your complaint with the Operator; the Operator must address any issues reported within a reasonable period of being notified (no more then 5 Business Days) and take reasonable steps to reach a satisfactory resolution for all parties; and,

8.1.2 if a resolution cannot be reached between the parties then we will decide the outcome given the evidence presented. Our authority will be absolute and binding on both parties.

8.2 For the avoidance of doubt, any claim that follows as a result of a complaint raised by you (whether deemed resolved or not) shall be the sole responsibility of the Operator.

8.3 In the event of a complaint by the Operator, as notified to you via your preferred method of contact:

8.3.1 you must address any issues reported as quickly as possible (and no more than 5 Business Days of being notified) and take reasonable steps to reach a satisfactory resolution for all parties; and,

8.3.2 if a resolution cannot be reached between the parties then we will decide the outcome given the evidence presented. Our authority will be absolute and binding on both parties.

8.4 For the avoidance of doubt, any claim that follows as a result of a complaint raised by the Operator (whether deemed resolved or not) shall be the sole responsibility of the

9. OUR LIABILITY TO YOU

9.1 If we or the Operator fail to comply with these Terms, the party which failed to comply shall be responsible for loss or damage you suffer that is a foreseeable result of the breach of the Terms or negligence, but neither we or the Operator are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of a breach or if they were contemplated by you and the Operator at the time of entering into this contract. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.

9.2 Neither we nor the Operator exclude or limit in any way liability for:

9.2.1 death or personal injury caused by negligence or the negligence (ours of the Operator) of the Operator’s employees, agents or subcontractors;

9.2.2 fraud or fraudulent misrepresentation; and

9.2.3 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

9.3 Neither we or the Operator have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.

10. OPERATORS LIABILITY TO YOU

The Operator only supplies the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and the Operator has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. EVENTS OUTSIDE OF CONTROL

11.1 No party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one month, the parties not affected may terminate this Agreement by giving no less than 24 hours notice to the affected party.

11.2 Should any event or circumstance beyond the Operators reasonable control occur which means the Services cannot be provided to you, the Operator must inform us as soon as possible so that an alternative Operator or a refund can be arranged for you.

12. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.1 You may cancel a Reservation before the Delivery Date by contacting the Operator. Depending on when you cancel a Reservation, you will be liable to pay a percentage of the Reservation Price as set out in clause 12.2 below.

12.2 If you cancel a Reservation under clause 12.1, the following charges will apply to you:

Period of time before Delivery Date (Business Days) Cancellation charge payable by you
10+ Up to 5% of Price
9-5 30% of Price
4-2 50%< of Price
48 hours or less 90% of Price
After 7pm the Business Day beofre the Delivery Date 100% of Price

12.3 Clause 12.2 also applies where payment of the full balance is not made by the Due Date, thus resulting in the cancellation of your Reservation.

12.4 Please note that Operators have the right to override the above and provide a more substantial refund, but this is at the Operators discretion and will be communicated to you via the Resolution Centre.

12.5 Where you have cancelled a Reservation because of our or the Operators failure to comply with these Terms or if we change these Terms under clause 4.1 and you elect to cancel the contract (except where we have been affected by an Event Outside of Control), you do not have to make any payment to us.

12.6 After the Delivery Date, you may only cancel the contract for Services by giving us or the Operator notice:

12.6.1 the Operator breaks this contract in any material way;

12.6.2 the Operator goes into liquidation or a receiver or an administrator is appointed over our assets; or

12.6.3 we change these Terms under clause 4.1 and you elect to cancel the contract.

13. OPERATORS RIGHT TO CANCEL

If the Operator cancels the Reservation before the Delivery Date, you will have the option to either have a full refund, to transfer the funds we hold to another Reservation or we can hold the funds on account as credit until you find a suitable alternative Reservation.

14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

14.1 We or the Operator may have to cancel a Reservation before the start date for the Services, due to an Event Outside of Control or the unavailability of key personnel or key materials without which the Operator cannot provide the Services. We or the Operator will promptly contact you if this happens.

14.2 If we have to cancel a Reservation under clause 14.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

14.3 We or the Operator may cancel the contract for Services at any time with immediate effect by giving you notice if you:

14.3.1 do not pay when you are supposed to; or

14.3.2 break the contract in any other material way.

15. INFORMATION ABOUT US AND HOW TO CONTACT US

15.1 If you have any questions about these terms of the USkip Platform, please contact us. You can contact us using the contact details .

15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us clicking on the above link to our “Contact us” page. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in the Reservation.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 We will use the personal information you provide to us in accordance with our Privacy Policy and to:

16.1.1 provide the Services;

16.1.2 process your payment for Services; and

16.1.3 process identity checks where necessary.

16.2 We will not give your personal data to any third party other than the Operator except where that transfer is required for the provision of the USkip Platform or the Services.

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.

17.2 These Terms are between you, us and the Operator. The Operator may enforce any and all of the Terms of this agreement against you and where the Operator is at fault you must pursue the Operator for breach of these Terms.

17.3 Except for you, us and the Operator, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Reservation may enjoy the Services.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 If we or the Operator fail to insist that you perform any of your obligations under these Terms, or if we or the Operator do not enforce our respective rights against you, or if there is a delay in doing so, that will not mean that those rights are waived and will not mean that you do not have to comply with those obligations.

17.6 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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