SKI CARRIAGE LIMITED – TERMS AND CONDITIONS OF SERVICE
The Customer's attention is drawn to the Clauses hereof which exclude or limit the Company's liability and those that require the Customer to indemnify the Company in certain circumstances. In placing an order with skicarriage.co.uk The Customer agrees to these Terms and Conditions of Service
1. DEFINITIONS AND APPLICATION
In these Conditions:-
"The Company" means ski carriage limited trading as skicarriage.co.uk. Registered office, 5 Thames Road, Wellingborough, Northants. NN8 5WU Co Reg No 6996249 VAT No 976 0158 02
"The Owner" means the owner of the goods to which any business concluded under these Conditions relates and any other person who is or may become interested in them.
"Customer" means any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.
“Partner shop” means any outlet which The Company has an agreement with to store and service The Customer’s equipment.
“Equipment” means skis, poles, snowboards and boots that Customers have registered with The Company for storage, transportation and service.
"Economy Package" means our carriage only package.
"Standard Package" means our storage, carriage and servicing package.
2. (A) Subject to Sub-Paragraph (B) below, all and any activities of the Company in the course of business whether gratuitous or not are undertaken subject to these Conditions.
(B) If any legislation is compulsorily applicable to any business undertaken, these Conditions shall, as regards such business, be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such part shall as regards such business be overridden to that extent and no further.
3. The Customer warrants that he is either the Owner or the authorised Agent of the Owner and also that he is accepting these Conditions not only for himself but also as Agent for and on behalf of the Owner.
4. The Company shall be entitled to procure any or all of its services as an Agent or to provide those services as a Principal.
(B) The Company shall on demand by the Customer provide evidence of any Contract entered into as Agent for the Customer. Insofar as the Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a Principal for the performance of the Customer's instructions.
5. When the Company contracts as a Principal for any services, it shall have full liberty a) to perform such services itself or b) to subcontract the whole or any part of such services to third parties (including supplier or associated companies).
6. When the Company acts as an Agent on behalf of the Customer, the Company shall be entitled (and the Customer hereby expressly authorises the Company) to enter into all such Contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer's instructions and subject to the trading conditions of the parties with whom such contracts are made.
7. The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
8. (A) Subject to Sub-Clause (B) hereof, the Company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
9. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.
9.1. The Company shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as may be reasonable in all the circumstances):-
9.1.1.on 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the goods) without notice, any goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and
9.1.2.without prior notice, goods which have perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company or Third Parties or to contravene any applicable laws or regulations.
10. The Customer warrants:
10.1.that the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
10.2.that all goods have been properly packed into the Sportube(s) as per the instructions supplied by the Company. Furthermore for customers using the Standard Package that a Condition Report has been properly filled out and signed for each set of equipment and placed back into the Sportube(s) with the equipment.
10.3.that the return (for Standard Package) or onward journey (Economy Package) delivery note is put onto the front of the tube as per the instructions supplied by the Company.
10.4.for the Standard Package that, should the Condition Report not be filled in by the Customer, on receipt of the equipment back into Company’s storage facility, skicarriage.co.uk will complete a Condition Report on behalf of the Customer and send this via email to the Customer for approval. In addition a photograph will also be recorded. Should the customer not agree to the Condition Report in writing, then the Company holds no responsibility for the condition of the Customer’s equipment whilst being stored or in transit.
10.5.that no other items apart from the agreed ski/board equipment agreed is placed into the Sportube or boot box. Should any Customer nevertheless deliver any such items to the Company, the Customer accommodation or cause the Company to handle or deal with any such items the Company shall be under no liability whatsoever for or in connection with such goods howsoever arising.
10.6.that they will inform The Company of their holiday destination a minimum of 10 days before the day they travel. Failure to do so will mean that the equipment will not be shipped to this destination unless agreed in writing with the customer. In this event, in relation to the Standard Package The Company cannot guarantee that the equipment will be serviced in time for the start of The Customer’s holiday.
10.7.that they will be available to receive the tube for collection. Furthermore will arrange for the filled tube to be collected by The Company’s appointed carrier (Standard Package), or collected at the allotted time (Economy Package).. In the event of the carrier being unable to deliver or collect the tubes as described after 3 attempts, then the Company will make a charge of £15. If the carrier has been unable to collect on the specified day the Customer was given, then The Company will not be liable for goods being received in resort late, after the Customer has arrived.
11. The Customer will be charged at retail value for the storage tube supplied if it fails to be returned by the customer, with their equipment included or not included within 30 days of the original delivery of the tube to their chosen address.
12. It is The Customer’s responsibility to check the condition of the tube on delivery via the Company’s appointed carrier before signing for it. Should The Customer damage the tube whilst in their possession and prior to it being collected from them, they must inform The Company prior to collection being made. The Company reserves the right to charge for such damage.
13. When in resort the Customer is responsible
a) (Standard Package) for the Sportube and its contents once they have collected their Equipment from their accommodation or Partner shop until it is returned. Should the tube become lost or damaged during this time then the customer is liable for the associated costs. The Customer is also responsible for ensuring that they return their equipment on their day of departure as confirmed to Company by the Customer, back to where they collected it from. The Customer will also be required to sign for receipt of their equipment within the resort.
b) (Economy Package) for the Sportube and its contents from when it has been delivered to the Customer’s accommodation until the Company’s carriers pick it back up.
c) (Economy Package) it is the Customer’s responsibility to arrange directly with their accommodation to ensure safe receipt of their equipment prior to their arrival and then safe storage until such time as the Company’s carrier collects the equipment after the Customer’s holiday has finished.
14. The Company where applicable will inform the Customer of additional repairs which the Company or a related partner believes will be needed in addition to the standard service provided by The Company’s partners. It is the Customer’s choice whether they authorise these additional repairs, any such authorisation will be requested in writing (email accepted) prior to the despatch of the equipment to the resort partner shop. Any charges for additional repairs authorised and undertaken by a partner shop, will need to be paid by the Customer directly to the shop on collection of their equipment. Should the customer refuse to pay the additional costs and where authorisation was given to The Company by the Customer to undertake these repairs, then the Partner shop reserves the right to hold onto the Customer’s equipment until payment is received. In this circumstance no provision of hire equipment will be made by The Company or its Partner shop.
15. Renewal of annual membership is assumed and membership and storage charges will be requested 20 days prior to the membership expiring. Should payment not be received by the due date then membership will expire and it will be the responsibility of the Customer to arrange collection of their equipment from The Company at their expense. The Company will not provide any form of insurance from the date the membership expires.
16. Should the Company damage or lose the Customer’s equipment whilst at the storage unit within the UK and in transit, then the Company shall reimburse the Customer up to the current second-hand value.
17. (Standard Package) One member can only store a maximum of 6 pieces of Equipment with The Company (One pair of skis with poles is considered as 1 piece of equipment. A pair of boots is considered as 1 piece of equipment). In the event that the Customer wishes to store more than the 6 pieces then additional membership charges will be incurred.
18. No refunds will be given to Customers who do not go on a holiday for which a booking has been made for any reason, if they have not informed the Company a minimum of 14 days before the holiday arrival date.
19. Should the Customer’s holiday be cut short for any reason then no refunds will be made.
20. The Customer undertakes that no claim shall be made against any Director, Servant, or Employee of the Company that imposes or attempts to impose upon them any liability not in connection with any of the services described herein.
21. The Customer shall save harmless and keep the Company indemnified from and against:-
21.1.All liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the Company acting in accordance with the Customer's instructions or arising from any breach by the Customer of any Warranty contained in these Conditions or from the negligence of the Customer, and
21.2.Without derogation from Sub-Clause 21.1 above, any liability assumed or incurred by the Company when by reason of carrying out the Customer's instructions the Company has reasonably become liable or may become liable to any other party, and
21.3.All claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these Conditions regardless whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of the Company, its Servants, Sub-Contractors or Agents.
22. The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
23. In respect of all sums which are overdue, the Customer shall be liable to pay to the Company interest calculated at 10% above the prevailing Base Rate of Lloyds TSB bank PLC
LIABILITY AND LIMITATION
24. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.
25. The Company reserves the right to attach a permanent identification label to each piece of the Customer’s equipment for identification purposes. The Company’s liability shall only extend to such identified equipment.
26. The Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:-
26.1.strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence;
26.2.any cause or event which the Company is unable to avoid and the consequences whereof the Company is unable to prevent by the exercise of reasonable diligence.
27. Subject to clause 2(B) above and clause 30 below the Company's liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed the current second-hand value of the equipment being stored or transported or be restricted to a maximum value of £80, whichever is the lower amount.
28. Subject to Clause 2(B) above, and Clause 30 below, the Company's liability for loss or damage as a result of failure to deliver or arrange delivery of goods in a reasonable time or (where there is a special arrangement under Clause 26) to adhere to agreed departure or arrival dates shall not in any circumstances whatever exceed a sum equal to the hire charges for the duration of the customers original holiday in the resort.
29. Save in respect of such loss or damage as is referred to at Clause 28 and subject to Clause 2(B) above and Clause 30 below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
30. By special arrangement agreed in writing, the Company may accept liability in excess of the limits set out in Clauses 27 to 29 above upon the Customer agreeing to pay the Company's additional charges for accepting such increased liability. Details of the Company's additional charges will be provided upon request.
31. (A)Any claim by the Customer against the Company arising in respect of any service provided for the Customer or which the Company has undertaken to provide shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this Time Limit and that he has made the claim as soon as it was reasonably possible for him to do so.
(B) Notwithstanding the provisions of Sub-Paragraph (A) above the Company shall in any event be discharged of all liability whatsoever howsoever arising in respect of any service provided for the Customer or which the Company has undertaken to provide unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.
JURISDICTION AND LAW
32. These Conditions and any act or contract to which they apply shall be governed by English Law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English Courts.
33. Skicarriage.co.uk reserves the right to pass onto it's customers charges received in relation to taxes or customs duties levied against each, and all, items delivered on behalf of the customer, for whatever reason, and wherever any breach of terms is made, in any event, by the customer. All customers accept these charges from skicarriage.co.uk whenever they enter into a contract to deliver any items, as requested by the customer. These terms apply to retrospective charges also.
Where the Customer supplies any and all information for the collection and/or delivery of items they shall indemnify the company for non-delivery of consignments due to:
A) Incorrect information
B) Persons not present at specified addresses for the collection of, or, to receive goods
ACTS OF GOD
The customer also indemnifies the company against all costs involved or incurred through Acts Of God.
CANCELLATION, AMENDEMENTS and REFUNDS
Once a booking has been made and accepted skicarriage.co.uk will incur costs for materials, and will order pick-up and delivery services with our couriers. We will however accept cancellation, collection and delivery amendments once a booking has been made free of charge, where the cancellation or amendment has been made prior to 10 days prior to the despatch of the equipment to the resort. Where cancellation is made in respect of the collection of the equipment then the storage charges paid will be refunded but not the annual membership fee. Where the Customer wishes to change the collection address, if the Sportubes have already been despatched to the previous address, the customer will be required to pay for another Sportube to be sent out to the new address. Where an amendment or cancellation is made after despatch of the empty tubes to the Customer, or equipment to the resort, then the Customer will be required to pay for these services in full.
In the event of cancellation of membership, The Company will issue a pro-rata refund for each total month where the goods are not stored, after the return of the goods back to the Customer less a charge of £20 per set of equipment for the return of the Customer’s equipment back to the Customer upon cancellation of membership. The Company reserves the right to terminate any booking prior to the actual collection date if circumstances occur whereby delivery will not be possible due to amendments to any countries import requirements which would entail delays or potential delays or failure to complete a door to door delivery. If such instances occur, re-imbursement of charges shall be issued to the client's credit card accordingly.
Where bookings are cancelled within 10 days of the customer’s planned arrival date in resort, no refunds will be given.
LOST, DELAYED OR DAMAGED GOODS
Once a booking has been made The Company strongly recommend that clients take out suitable travel insurance that will cover them for costs associated with unforeseen cancellation of their travel plans.
Customer consignments shall be protected up to their current second-hand value or a maximum of £80, whichever is the lower amount, for loss or damage of Sportube(s)’ contents only, arising through provision of services by the company from the time of verified collection to the time of verified delivery only. All claims must be made in writing to The Company (email accepted) within 7 days of the occurrence. Any claims outside this period will not be accepted in any instance.
We will collect your equipment from your nominated pick up point and deliver it to
a) (Standard Package) our storage facility within the UK. We will then deliver your equipment to your accommodation (provided full postcode is supplied) or partner resort shop at The Company’s sole discretion.
b) (Economy Package) your accommodation in resort.
In the unlikely event that your equipment is lost or damaged in the course of transit, we will provide up to its current second-hand value.
Where the equipment is delayed in transit and therefore does not arrive in resort in time for the first day of the Customer’s holiday, then The Company will arrange free of charge hire of suitable replacement equipment. Once the Customer’s equipment has arrived, then the Customer will be responsible for returning the hire equipment to the shop and taking delivery of their own equipment.
Wherever Customs/Security officials, of any destination, check any items being delivered, The Company will make every attempt to ensure that luggage is delivered as per the requested delivery date. However if such instances do occur, the client, by agreeing to our terms and conditions, accepts that delays may occur, and that they will not receive compensation, or discounted rates, where such instances do occur.
LUGGAGE IDENTITY AND DESCRIPTION
The Company’s appointed carrier will provide carrier labels to be attached to each Sportube and boot box for the collection and delivery of such items.
LUGGAGE COLLECTION/DELIVERY ACCESS
All items being collected MUST be able to be lifted by one person. Access to multi-storey buildings must be via a lift/elevator. Any items deemed too heavy or large by the collecting agent may result in refusal to accept the goods for carriage. This would result in a delay of delivery and may incur additional charges, for which the client would be liable.
IMPOSSIBILITY OF PERFORMANCE
The Company and its appointed carriers shall be relieved of their obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of skicarriage.co.uk or its appointed carriers.