General (Same Day) Hire Terms and Conditions (B2C)
This template is designed for use in situations where products are hired at the point of sale with no advance booking required.
Designed for the hire of a range of different product types, these General (Same Day) Hire Terms and Conditions (B2C) cover a range of important points to allow for smooth and efficient transactions between hire businesses and their consumer customers. (“Consumer” is defined in the Consumer Rights Act 2015 as an individual who receives services for his/her personal use and for purposes wholly or mainly outside the business of that individual or another.)
However, where the customer of the hire business is not acting as a consumer (i.e. the customer is hiring the product wholly or mainly for business purposes), we have provided an accompanying alternative set of terms, the General (Same Day) Hire Terms and Conditions (B2B).
Payment in this terms and conditions template takes the form of the hire fees themselves, payable in advance in full, along with a refundable security deposit designed to cover damage to, or loss of, hired products. Customers might damage hired items, whether accidentally or otherwise. Provision is therefore made for an accidental damage waiver. Damage (or loss) outside of that waiver, i.e. where loss or damage is due to customer fault) should be covered by the aforementioned security deposit.
However, these provisions need to be considered carefully in view of the following points. These terms and conditions are written for use when dealing with consumer customers. Applicable consumer law constrains the extent to which a supplier may limit or exclude their liability, and it also limits a supplier's ability to take and forfeit any amount that the supplier requires as security against loss or damage of items hired - see below. This document contains limits on the supplier's liability (see Clause 11). It also provides for a “Security Deposit” against loss or damage (see Clause 7.4).
Whilst these provisions are intended to comply with the applicable consumer law, users of this template are advised to exercise great care and to take legal advice as to what in the particular circumstances will be legally permissible and enforceable before proceeding. In particular, users will need to focus on the following.
Firstly, they should consider whether to include Sub-Clause 11.2 (which sets a fixed cap on total liability) and if they do decide to do so so, they should consider whether the proposed amount of the limit under that Sub-clause would be legally permissible and enforceable. Secondly, if they wish to include any limits on or exclusions of liability not already included in this document, they should consider whether such additional limits or exclusions would be legally permissible and enforceable. Liability in this document is limited to a reasonable level. Users are advised to exercise great care should they wish to limit liability further as these terms and conditions are written solely for use with consumer customers. Thirdly, they should consider what would be a legally acceptable and appropriate amount of Security Deposit.
As a general purpose template, these terms contains more blank spaces for you to fill in than most of its companions in this subfolder. In particular, space is provided to specify rules applying to customers’ use of the hired products.
Please note that while this document can be placed on a website for hire to Consumer customers only, it is not designed to serve as terms and conditions for e-commerce and has not been written with distance selling and e-commerce laws in mind.
For an advance booking/reservation B2C scenario (rather than walk-up-and-hire), an alternative set of terms and conditions is also available from Simply-Docs.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These General (Same Day) Hire Terms and Conditions (B2C) contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. The Contract
4. Product Details
5. Your Obligations
6. Hire Period
7. Fees and Payment
8. Collection, Hire and Return
9. Accidental Damage Waiver
10. Loss and Damage
11. Our Liability
12. Events Outside of Our Control (Force Majeure)
13. Communication and Contact Details
14. Complaints and Feedback
15. Regulations
16. Information
17. How We Use Your Personal Information (Data Protection)
18. Other Important Terms
19. Governing Law and Jurisdiction
[Schedule - Privacy Notice]
[Schedule - Form of Hire Agreement ]
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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General (Same Day) Hire Terms and Conditions (B2C) is part of Business Documents. Just £35.00 + VAT provides unlimited downloads from Business Documents for 1 year.