Please read these terms and conditions carefully before ordering any services. You should understand that by ordering any services you agree to be bound by these Terms and Conditions.
"Hirer" means the person whose order for the Services is accepted by tripmobility, as identified in the Contract;
"Conditions" means the standard terms and conditions of supply set out in this document;
"Contract" means the Hirer's order and tripmobility's acceptance of it, which shall at all times be subject to and incorporate these Conditions;
"Duration" means the duration of the Contract, including any extension;
"Equipment" means any mobility, bathing or toileting aid supplied in accordance with the Contract;
"Services" means the hire of Equipment arranged by tripmobility to the Hirer for the Duration, subject at all times to these Conditions;
"Supplier" means any individual, business,company or organisation engaged by tripmobility to provide the Equipment in accordance with the Contract of Hire;
"Website" means the tripmobility website currently located at www.tripmobility.com
"tripmobility" is based at Pontefract, West Yorkshire, and full contact details are set out in Clause 15 below;
"Working Days" means all days excluding weekends and public holidays .
2.1 All Contracts for Services between tripmobility and the Hirer are subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. After placing an order, the Hirer will receive an email or letter from tripmobility acknowledging receipt. Please note that this does not mean that the order has been accepted. All orders are subject to acceptance by tripmobility and shall commence in accordance with Clause 4.1 below.
2.2 No variation to these Conditions shall be binding unless expressly agreed in Writing between authorised representatives of the Hirer and tripmobility.
2.3 The Hirer should print and keep a copy of the Contract and these Conditions for his or her records.
2.4 tripmobility may update these Conditions periodically by giving you at least 30 days' advance notice in writing ("Notice Period") to your registered email or home address. If tripmobility makes a change to the Contract which would reasonably be regarded as being to the Hirer's material detriment, the Hirer may terminate the Contract by giving tripmobility written notice within 14 days of receipt of notice of the change from tripmobility, such termination to take effect on expiry of the Notice Period.
2.5 tripmobility's employees are not authorised to make any representations nor give any advice concerning the Equipment and Services unless confirmed by tripmobility in writing. In entering into the Contract the Hirer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.6 By placing an order with tripmobility, the Hirer warrants that he or she is:
(a) legally capable of entering into binding contracts;
(b) at least 18 years old;
3.1 tripmobility will arrange the Service for the Hirer with the most suitable Supplier for the Contract Duration.
3.2 While tripmobility will use all reasonable endeavours to meet requested delivery dates for Equipment, tripmobility shall not be liable for any delay in delivery howsoever caused. Time of day for delivery shall not be of the essence.
3.3 If tripmobility fails to deliver the Equipment for any reason other than any cause beyond tripmobility's reasonable control or the Hirer's fault and tripmobility is accordingly liable to the Hirer, tripmobility's liability shall be limited to (at its option) either (a) using its reasonable endeavours to supply replacement Equipment as soon as possible or (b) refunding to the Hirer any amounts which have been paid by the Hirer under the Contract in advance.
4.1 The Contract with tripmobility commences when the Hirer places its order and gives its authorization to process payment for the Contract, subject to any notification of non-acceptance from tripmobility. The Contract will last for at least the Minimum Contract Duration of the Supplier.
4.2 The Contract will continue automatically after the Minimum Contract Period expires, unless and until it is cancelled or terminated pursuant to these Conditions.
5.1 If the Hirer is a consumer, the Hirer has the right to change its mind and cancel the Contract by giving notice to tripmobility within 7 Working Days following the day after the date that the contract is concluded under Clause 4.1. However, if tripmobility has activated the Service by providing the Hirer with the Equipment before the end of this cancellation period and has notified the Hirer as such, then the Hirer will no longer have the right to cancel the Contract. The Hirer's rights under Clause 11 will not be affected by this right to cancel being extinguished.
5.2 If the Hirer exercises its right to cancel as set out above:
(a) the Contract will be terminated and tripmobility will refund to the Hirer all charges which the Hirer has already paid under the Contract; and
(b) the Hirer shall be responsible for reasonable costs of returning the Equipment to the Supplier safely and in the condition in which it was delivered to the Hirer, in accordance with Clause 7 of these Conditions. The Hirer has a legal obligation to take reasonable care of the Equipment while it is in the Hirer's possession, and the Supplier and/or tripmobility may take action against the Hirer for compensation where the Hirer has failed to comply with this obligation.
6.1 The Hirer shall sign to acknowledge receipt of the Equipment on delivery. Any Equipment shortages must be agreed and noted on the delivery note at the point of delivery. Equipment defects should be reported to tripmobility as soon as possible after delivery, and the Hirer should use all reasonable efforts to notify tripmobility of any defects within 7 days of delivery.
6.2 The Hirer will provide adequate delivery and collection access to enable the Supplier to provide the Services. Equipment transported in the Hirer's own vehicle or by the Hirer's own arrangements is entirely at the Hirer's risk.
6.3 The Hirer acknowledges that it does not own the Equipment and accepts responsibility for keeping the Equipment safely and in good repair for the Duration and in any event until its return to the Supplier. The Supplier shall be entitled to periodically inspect the Equipment and the Hirer shall co-operate with the Supplier in this regard.
6.4 Risk of damage to or loss of the Equipment shall pass to the Hirer at the time of delivery or, if the Hirer wrongfully fails to take delivery of the Equipment, the time when the Supplier has tendered delivery of the Equipment.
6.5 Notwithstanding delivery and the passing of risk in the Equipment or any other provision of these Conditions, the Equipment remains the property of the Supplier at all times.
6.6 The Hirer shall at all times hold the Equipment as the Supplier's fiduciary agent and bailee, and shall keep the Equipment separate from those of the Hirer and third parties and properly stored, protected and insured and identified as the Supplier's property. The Hirer shall not be entitled to resell, hire or lend the Equipment to any third party without the Supplier's prior written consent.
6.7 The Hirer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Equipment, but if the Hirer does so all moneys owing by the Hirer to tripmobility shall (without prejudice to any other right or remedy of tripmobility) forthwith become due and payable and tripmobility shall be entitled to terminate the Contract with immediate effect and repossess the Equipment.
6.8 The Hirer is responsible for ensuring that:
(a) Equipment is operated in conformance with all relevant legislation, health and safety notices at any sites which are visited and in accordance with any operating and safety instructions which are supplied to the Hirer by the Supplier from time to time;
(b) Equipment is not operated by persons who are under the influence of alcohol or drugs or who are otherwise not in a suitable condition to operate the Equipment;
(c) Equipment is under constant supervision within the range of children; and
(d) any equipment or items not supplied by the Supplier under a Contract which are used in conjunction with or attached to Equipment also conform with safety requirements and applicable legislation, and do not affect the safe and proper functioning of the Equipment.
6.9 The Hirer will immediately notify the Supplier of any Equipment breakdown or shortcoming promptly and without any attempt to repair. The Hirer will not use the Equipment if it reasonably suspects that the Equipment is damaged or defective in any way.
7.1 For any collection or return of Equipment (whether as a result of the Hirer's cancellation of a Contract, termination for any reason, for the purposes of repair, replacement or repossession of Equipment or otherwise):
(a) the Hirer is responsible for storing any reusable delivery materials in which the Equipment is sent; and
(b) the Hirer hereby grants the Supplier, its agents and employees an irrevocable licence to enter any premises where the Equipment may be stored on reasonable prior notice.
7.2 Where collection has been requested by the Hirer under these Conditions:
(a) the Supplier will use reasonable endeavours to collect Equipment on the next Working Day following the Hirer's request, provided that the request has been made before the next day cut off time as notified by the Supplier;
(b) the Hirer shall remain responsible for Equipment until actual collection; and
(c) the Hirer will remain liable for on-going hire charges until the Equipment is collected by the Supplier or its employees or agents (unless collection is as a result of the Hirer's cancellation pursuant to Clause 5 or termination by the Hirer in accordance with Clause 12).
7.3 If the Hirer does not comply with its obligations under Clauses 7.1, the Supplier reserves the right to charge the Hirer for the repair or replacement cost of the Equipment or to take legal action against the Hirer to recover the Equipment (as appropriate) and to charge the Hirer its reasonable costs incurred in doing so.
8.1 The hire charges for the Equipment which are set out in the quotation, and as confirmed in an order acknowledgement by tripmobility, shall apply for the Duration of the Contract, subject to these Conditions. tripmobility reserves the right to correct any typographical or other error in the prices set out in the quotation without liability and to accept or reject any orders made via the Website.
8.2 The hire charges do not include Value Added Tax. The hire charges do not include delivery and collection costs, which the Hirer shall be additionally liable to pay to the Supplier at the rate set out in the quotation.
8.3 The Hirer will pay all monies due under the Contract to tripmobility at least 7 calendar days before the Hire period begins.
8.4 tripmobility reserves the right, by giving 30 days' prior notice to the Hirer, to increase the price of the Equipment and Services to reflect any increase in the cost to tripmobility whether due to any factor beyond the control of tripmobility or otherwise. If tripmobility exercises this right, the Hirer has the right to cancel the Contract within 30 days of the date of the notice of price increase from tripmobility.
9.1 If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to tripmobility, tripmobility shall be entitled to:
(a) cancel the Contract and suspend any further supply of services to the Hirer until such time as the Hirer has paid in full;
(b) recover any Equipment already delivered to the Hirer for which payment has not been received;
(c) utilise any payment made by the Hirer to tripmobility against payment due under this Contract (even if this payment has been made under any other contract between the Hirer and tripmobility) as tripmobility may think fit;
9.2 The Hirer shall not be entitled to withhold any payment (or part thereof) or make any deduction from the amount invoiced by tripmobility in respect of any set-off or counterclaim unless such deduction or withholding is agreed in advance by tripmobility in writing.
10.1 The Supplier will provide reasonable written and/or practical instruction regarding safe and correct operation of Equipment.
10.2 The Supplier will comprehensively test all Equipment before delivery of such Equipment.
11.1 All Equipment supplied under the Contract is subject to the Warranties and Liabilities set out by the Supplier in their Terms and Conditions, which take precedence over those laid out below.
11.2 The warranty in Clause 11.1 does not apply where the defect arises from wilful damage, negligent use of the Equipment, abnormal usage conditions, failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Supplier's prior approval.
Procedure and Liability in the case of damage / loss / theft of Equipment:
11.3 The Hirer shall contact the Supplier promptly in the event of any Equipment fault, damage, loss or theft and the Supplier will use reasonable endeavours to supply the Hirer with replacement Equipment by the next day, without prejudice to the Supplier's right to compensation for any such fault, damage, loss or theft in accordance with this Contract.
11.4 The Supplier will not waive any of its rights to claim compensation or levy charges to repair or replace Equipment unless:
(a) the Hirer demonstrates to the Supplier's satisfaction that reasonable care has been taken to prevent loss, theft or damage. The Supplier may treat any Equipment which is unavailable for its inspection after reasonable notice as lost;
(b) any theft or suspected theft of Equipment is reported to the police without delay and a crime reference number is obtained; and
(c) the Hirer notifies the Supplier within 48 hours of any theft, suspected theft or loss.
11.5 Without limitation, the Supplier will not waive any of its rights to claim compensation from the Hirer in relation to any theft from a vehicle where the Equipment was left visible and unattended.
11.6 Nothing in any Contract or these Conditions shall exclude or limit either party's liability for death or personal injury caused by its negligence, for fraudulent misrepresentations or for any other liability which cannot be legally excluded or limited.
11.7 tripmobility will not be responsible for any delay in, or failure of, the Service or in relation to performance of a Contract which is due to any occurrence beyond tripmobility's reasonable control, including severe weather, strikes, war, terrorist action, governmental or regulatory action, civil disturbance or other such event.
11.8 Where any valid claim in respect of any of the Equipment which is based on any defect in the quality, condition or quantity of the Equipment is notified to tripmobility in accordance with these Conditions, tripmobility shall be entitled to replace the Equipment (or the part in question) free of charge, but this shall be the Hirer's sole remedy and tripmobility shall have no further liability to the Hirer in this regard.
11.9 Prior authorisation of tripmobility must be obtained before returning any Equipment, which in any event must be done in accordance with Clause 7. Where Equipment is found to have been supplied in compliance with these Conditions and has been unreasonably returned, tripmobility shall reserve the right to charge an administration fee of two weeks rental to cover the delivery and collection charges.
11.10 Subject to Clause 11.6:
(a) tripmobility will not be liable for any indirect, consequential, special or punitive losses or damages (whether in contract, tort or in any way otherwise and whether as a result of late or non-delivery of Equipment, unsuitability, breakdown, stoppage or repossession of Equipment) arising in connection with any Contract; and
(b) where tripmobility is liable for direct loss this will be limited to a maximum of (i) £100 or (ii) the total charges payable for the Minimum Contract Period (whether or not actually paid by the Hirer at such date) whichever is the greater amount.
11.11 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by the statute or common law or otherwise in any way, whether as to quality, fitness for purpose or otherwise, are excluded to the fullest extent permitted by law. The following express conditions apply:
(a) conditions implied by section 12 of the Sale of Equipment Act 1979
(b) where the Hirer is a consumer, the Hirer's statutory rights under the following are not adversely affected:
(i) the implied conditions in sections 13, 14, and 15 Sale of Goods Act 1979;
(ii) section 2 (3) of the Consumer Protection Act 1987; and
(iii) Sale and Supply of Goods to Consumers Regulations 2002.
12.1 If the Hirer does not pay any Charges due to tripmobility, or remedy any other breach by the Hirer of the Contract within 14 days after notice from tripmobility of such breach, then tripmobility may terminate the Contract without further notice. In such circumstance, any amounts that may already have been paid to tripmobility by the Hirer by way of deposit or advance shall be used by tripmobility towards meeting any liabilities of the Hirer to tripmobility.
12.2 The Hirer may terminate the Contract if tripmobility does not remedy any breach of its obligations under the Contract which it has notified to tripmobility within 14 days of notice of such breach. Where the Hirer legitimately exercises its right of termination under this Clause 12.2, it will be refunded any Charges that it may have paid in advance for Service that it would otherwise have received after the effective date of such termination.
12.3 Either the Hirer or tripmobility can terminate a Contract by written notice to the other:
(a) with immediate effect, if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by or in relation to the other party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed over any of the other party's assets or undertaking or a resolution or petition to wind up the other party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which would entitle any court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in relation to the other party; and
(b) giving the other party at least 1 days' prior notice of termination (and stating the effective date of termination), such termination to take effect no earlier than the expiry date of the Minimum Contract Period. No pre-paid hire charges will be refundable in these circumstances. Any purported termination or cancellation with effect during the Minimum Contract Period shall be dealt with in accordance with Clause 12.5.
12.4 Upon termination or cancellation of the Contract for any reason whatsoever the Hirer no longer has the right to use the Equipment and must surrender the Equipment to tripmobility and/or allow the Supplier to repossess that Equipment.
12.5 If the Hirer cancels the Contract before expiry of the Minimum Contract Period, the Hirer shall be liable to pay tripmobility the remaining hire charges for the Equipment for that Minimum Contract Period (and any money paid in advance in respect of such period shall not be refunded).
14.1 All notices (save where otherwise provided in this Contract or in applicable legislation) from either party to the other shall be sent by first class prepaid post or by email. tripmobility shall send all notices to the Hirer's billing address or to the email address notified to tripmobility by the Hirer. The Hirer shall send all notices to tripmobility's address or email address, as set out in the "Contacting tripmobility" section below.
14.2 No waiver by tripmobility of any breach of the Contract by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole, or in part, the validity of the other provisions of these Conditions, and the remainder of the provision in question, shall not be affected thereby.
14.4 The Contract is made between tripmobility and the Hirer as principals and is not assignable by the Hirer without the express written consent of tripmobility.
14.5 The Contract is governed by and interpreted in accordance with the laws of England (or the laws of Scotland where the Hirer (being a consumer) is domiciled there). Disputes arising in connection this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales unless the Hirer (being a consumer) chooses the jurisdiction of its domicile in Scotland or Northern Ireland.
14.6 No term of these Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party, but this shall not affect any right or remedy of any third party which exists apart from that Act.
Tel No: 01977 618043
Fax No: 01977 618681
1. Acceptance of terms of website use
2. Information about us
2.1 www.tripmobility.com is a site operated by tripmobility("We", ''our'' or ''us'').
2.2 We are a partnership trading as tripmobility from the above address.
3. Accessing our site
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual property rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7. Our liability
7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Information about you and your visits to our site
9. Transactions concluded through our site
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply as outlined above.
10. Prohibited uses
You may only use our site for lawful purposes. You may not use our site:
10.1 in any way which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party, in the UK or any other country in the world, or in any way breaches any applicable local, national or international law or regulation (including without limitation the Computer Misuse Act 1990).
10.2 in any way which is threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights, or which may cause annoyance or inconvenience.
10.3 for any unlawful or fraudulent purposes, or any use which has any unlawful or fraudulent purpose or effect.
10.4 for the purpose of harming or attempting to harm minors in any way.
10.6 in any way for which You have not obtained all necessary licences and/or approvals;
10.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
11. Viruses, hacking and other offences
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. Linking to our site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any website that is not owned by you.
12.4 If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
13. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Jurisdiction and applicable law
16. Your concerns
If you have any concerns about material which appears on our site, please contact:
Tel: 01977 618043
Fax: 01977 618681
Thank you for visiting our site.