Terms of service.
Terms and Conditions
Thank you for choosing to hire a Vehicle from Kin and Cairn LLC doing business as Union Outfitters.
Please read the following Terms and Conditions carefully as, together with the online Booking Forms and Booking Confirmation, they form the basis of your contract with us. Please raise any questions you may have prior to paying the Booking Deposit. In paying the Booking Deposit you confirm that you have read and understood these Terms and Conditions and you agree to be bound by them. You further confirm in doing so that you agree to be bound by the terms and conditions of the Insurance. If you would like a full text copy of the Insurance Policy, please request this prior to booking.
1 Definitions
In this document the following words and phrases shall have the following meanings:
1.1 “Driver(s)” means the person or persons named as the driver(s) on the Booking Forms.
1.2 “You” and “your” means the driver(s) together with all other persons named on the Booking Forms (including anyone added or substituted later) and any person whose credit card is presented for payment of the Hire Charge or Security Deposit.
1.3 “Union Outfitters” or “we” or “us”, means Kin and Cairn LLC doing business as Union Outfitters registered in the state of Colorado (Company Number 535886) having its registered office at 4149 Mountain Shadow Way, Timnath, Colorado, 80547, and its successors and assignees whomsoever.
1.4 “Hire Period” means the agreed rental period as defined in the Booking Confirmation and any additional period during which the Vehicle is in your possession or control.
1.5 “Vehicle” means the Vehicle hired by you, including but not limited to the roof rack; roof tent(s); awning(s); racking; refrigerator and all other equipment, accessories, documents or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided by us.
1.6 “Vehicle User Guide” means the instruction manual provided with the Vehicle.
2 The Rental Agreement
2.1 The Rental Agreement comprises the online Booking Forms, the Booking Confirmation and these Terms and Conditions.
2.2 The Rental Agreement comes into existence when we send the Booking Confirmation to you in written form by letter or by email and payment of the Booking Deposit stated therein is received by us.
2.3 Upon receipt, you should carefully check the details on the Booking Confirmation to ensure that it reflects the booking you have requested and inform us immediately (and in any event within 7 days of the date of the Booking Confirmation) of any discrepancies. In particular, you should ensure that the collection / return times are correct as charges may be applied in the event of late collection / return of the Vehicle.
2.4 If you wish to change any details including collection / return times from those stated in the Booking Confirmation, we will endeavor to accommodate any such reasonable requests but this cannot be guaranteed. Additional charges may apply depending upon the nature of any such amendments.
2.5 If you commit any breach of the Rental Agreement, we may treat the Rental Agreement as being terminated with immediate effect. In such circumstances, we will not be liable for any refunds, compensation or other losses or expenses, including return or onward travel arrangements.
3 Rates and Conditions
3.1 Prices and conditions quoted on our website or documentation are subject to change without notice.
3.2 All prices are quoted and payable in US Dollars (USD), net of any currency variances and bank charges.
3.3 Once the Rental Agreement has been entered into, the cost of your hire will not normally be subject to any change. This does not apply to invoice errors or omissions.
3.4 The Booking Deposit, as set out in the Booking Confirmation, will be payable immediately. The balance of the cost of your hire, as set out in the Booking Confirmation, must be paid a minimum of 4 weeks prior to the collection date. If you are booking within 4 weeks of the collection date, full payment is due at the time of booking.
3.5 If the balance referred to in paragraph 3.4 above is not paid in time, we will cancel your booking. Your deposit is non-refundable.
4 Hire Period
4.1 We calculate the Hire Charge on the basis of the duration of the Hire multiplied (pro rata) by the relevant Hire Rate. Vehicles must be collected and returned at the times specified in the Booking Confirmation or as otherwise agreed in advance.
4.2 Except as otherwise expressly provided in these Terms and Conditions, late collection or early return of the Vehicle does not entitle you to any refunds.
4.3 If you are 1 to 2 hours late in collecting or returning a Vehicle, a fixed fee of $100 may be charged. If you are more than 2 hours late in returning the Vehicle, one full day’s hire rate will apply.
5 Collection of the Vehicle
5.1 Drivers: At the commencement of the Hire Period each driver named on the Booking Forms must provide a valid Driver’s License. and two forms of proof of address. The proof of address documents must be a utility bill, plus a bank statement / credit card statement / mortgage statement dated within 90 days of the start of the Hire Period. Failure to provide these documents will result in the delay in commencement of the Hire Period and may result in cancellation of your booking.
5.2 In some circumstances, our Insurance Company may also request further documentation
regarding your driving history.
6 Return of the Vehicle
6.1 You will return the Vehicle in a clean condition and with a full tank of fuel on the return date and at the time and location specified in the Booking Confirmation. All rubbish / recycling must be disposed of prior to returning the Vehicle. Charges may otherwise be applied.
7 Drivers
7.1 To be insured to drive one of our Vehicles all drivers must:
7.1.1 be aged between 25 and 70 for standard rates, or aged 23 to 24, or 71 to 74 subject to our
discretion and the specific approval of our insurers. We cannot hire to anyone under 23 or over75 years of age;
7.1.2 hold a full valid US, driving licence (or other licences subject to specific approval by our insurers on a case by case basis) and have never been disqualified;
7.1.3 have held a full valid US, (or other licenses subject to specific approval by our insurers on a case by case basis) driving license for more than 2 years;
7.1.4 not have been convicted of any offences in connection with the driving of a motor vehicle or Motorcycle.
7.1.5 not have had any motor accidents in the last 3 years except where full details of any such accidents are disclosed in the Booking Form. Accidents where the driver was not at fault muststill be declared;
7.1.6 not suffer from any physical or mental defects or infirmity which may affect the driver’s ability to drive the Vehicle in accordance with legal requirements and / or the driver has not been advised not to drive on medical grounds by the driver’s doctor or other medical personnel and / or does not suffer from fits, diabetes or any heart complaint;
7.1.7 never have had motor insurance declined and / or renewal refused and / or special insurance terms imposed as a result of claims experience and / or has never had motor insurance cancelled by any insurer;
7.1.9 be named as a driver on the Booking Forms and Booking Confirmation;
7.1.11 have never obtained a Disqualification; Dangerous/Reckless Driving or UT Unauthorized Taking conviction.
7.4 It is illegal for an undeclared driver, or any driver not approved by us, to operate the Vehicle as they will not be insured.
8 Changes to Booking / Cancellations by Hirer
8.1 If, after we have sent the Booking Confirmation, you wish to change your travel arrangements in any way, we will do our best to accommodate any such changes (subject to availability). The cost of your hire may increase or decrease to reflect any such changes made.
8.2 Subject to paragraph 8.2 above, once the Rental Agreement has come into effect, you will incur the following charges if you cancel your booking:
8.2.1 the Booking Deposit set out in the Booking Confirmation is non-refundable in the event of cancellation;
8.2.2 cancellation between 2 and 4 weeks prior to the collection date set out in the Booking Confirmation will result in a cancellation charge of 75% of the total cost of the hire;
8.2.3 cancellation less than 2 weeks prior to the collection date set out in the Booking Confirmation will result in a cancellation charge of 100% of the total cost of the hire.
8.3 Subject to paragraph 8.3 above, you may cancel your booking at any time by giving notice in writing. The notice will take effect on the date upon which we receive it.
8.4 Where a refund is due after any cancellation charge has been taken into consideration (and provided we have received full payment from you) we will pay the refund to you within 28 days of receiving notice of cancellation.
9 Cancellations by Kin and Cairn LLC
9.1 The balance of your Hire Charge is payable on the date set out in your Booking Confirmation. If you fail to pay the balance of your Hire Charge when it falls due, we reserve the right to cancel your reservation and to release the dates to other clients.
9.2 If, on a previous hire, the Vehicle allocated to you has been involved in an accident, or has suffered a mechanical fault, we may have to cancel all or part of your hire while repairs are carried out. In such circumstances we will inform you at the earliest opportunity and refund the relevant portion of the Hire Charge. We are not responsible for any costs you have or may subsequently incur as a result of any such cancellation. This includes, but is not limited to, the cost of flights, ferries, fuel, hotels etc. We strongly recommend that you take out separate travel insurance and ensure that it will cover such an eventuality.
9.5 Except as expressly set out elsewhere, we regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss as a result of, “force majeure”. In these Terms and Conditions, “force majeure” means any event which we could not even with all due care, foresee or avoid. Such events may include threat of war; riot; civil strife; pandemic (except Covid-19), actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. We strongly recommend that you take out separate travel insurance. It is your responsibility to ensure that the travel insurance you purchase is suitable and adequate for your particular needs.
10 Warranties
10.1 During the Hire Period you warrant that you will not:
10.1.1 operate the Vehicle, or permit the Vehicle to be operated in any way that would violate the
Rental Agreement including, for the avoidance of doubt, for commercial or business purposes;
10.1.2 permit anyone other than the Driver(s) named in the Rental Agreement to drive the Vehicle;
10.1.3 engage in motor sports, including racing, pace making, rallying, reliability trials, organised off- road activities (including organised Land Rover Experience activities or organised off-roading tours) and / or speed testing;
10.1.4 drive in convoy with one or more other vehicles or propel or tow any Vehicle or trailer unless agreed by us in writing at the time of your booking;
10.1.5 drive or permit to drive any person unfit through drink or drugs or with blood alcohol concentration above the limit prescribed by road traffic legislation;
10.1.6 leave the Vehicle unlocked while unattended, or fail to secure the keys;
10.1.7 drive or otherwise operate the Vehicle and / or equipment in a negligent, reckless or imprudent manner taking into account road / track conditions; weather conditions; tides; currents and any warnings issued by (amongst others) the Highways Agency and the Met Office regarding adverse driving / weather conditions. It is your responsibility to check driving and / or weather conditions relevant to the areas in which you are travelling and to assess whether it is safe to use the Vehicle and / or equipment (including the roof tents) in such conditions;
10.1.8 carry more passengers than the legal seating capacity of the Vehicle;
10.1.9 allow the Vehicle to be overloaded;
10.1.10 carry passengers or goods for hire or reward;
10.1.11 smoke or permit anyone else to smoke in the Vehicle;
10.1.12 use the Vehicle in violation of any law, ordinance or regulation;
10.1.13 remove the Vehicle from US;
10.1.14 allow any animals in the Vehicle;
10.2 You will take all reasonable steps to maintain the Vehicle during the Hire Period, ensuring that the oil level, coolant level and tyre pressures are correctly maintained. You will contact us immediately should any Vehicle warning lights indicate a potential malfunction.
10.3 You will use the correct legal fuel type for the Vehicle as advised at the time of collection of the Vehicle.
11 Breakdown
11.1 If you get the Vehicle stuck or bogged this does not count as a breakdown. You are responsible for the costs of having the Vehicle returned to a sealed road surface. Please note that recovery of a stranded vehicle is not covered and you will be charged.
11.3 In the unlikely event that you are unable to us for Assistance, you are authorized to approve essential repairs up to a total cost of $200. Valid receipts must be provided in respect of any such repairs before any such costs will be reimbursed.
11.4 Any repairs in excess of $200 must first be authorized by us, prior to the work being undertaken. Valid receipts must be provided in respect of any such repairs before any such costs will be reimbursed.
11.5 You, not us, will be liable for the cost of any repairs, or other costs, resulting from reckless, negligent or imprudent use of the Vehicle or equipment by you or permitted by you including, for the avoidance of doubt, but not limited to the cost of towage, recovery, replacement Vehicle, equipment and / or car hire.
11.6 You will notify us by telephone of the breakdown as soon as possible in order to give us the opportunity to rectify the problem during the rental period.
11.7 If the repair cannot be completed within 24 hours, and it is not the result of reckless, negligent or imprudent use of the Vehicle by you or permitted by you, we will endeavour to provide a replacement Vehicle (if available). If your Vehicle cannot be repaired within 24 hours and a replacement Vehicle is not available, we will refund you the Hire Charge paid in respect of the remainder of the Hire Period. We are not responsible for any costs you have or may subsequently incur as a result of any such cancellation. This includes, but is not limited to, the cost of flights, ferries, fuel, hotels etc. We strongly recommend that you take out separate travel insurance and ensure that it will cover such an eventuality.
11.8 You will be liable for any cost associated with the incorrect or illegal use of fuel (fuel being petrol or diesel) or water contamination of fuel including, for the avoidance of doubt, any necessary repair or drainage work, towage, and the cost of hiring a replacement Vehicle or car hire. You will also pay Kind and Cairn LLC the daily rate for the period the Vehicle is undergoing repairs and therefore is unusable for hire.
12 Tyres / Windscreen
12.1 In the event of a puncture or damage to tyres / windscreen, you are liable for the cost of repair or replacement.
12.2 In the event that a tyre / windscreen is returned damaged at the end of your hire, it will be at our discretion whether to repair or replace it taking into account legal and safety requirements.
12.3 If you have a puncture / cracked windscreen during your hire, you may use any reputable garage to replace the tyre / windscreen with tyres / windscreen of equivalent specification and quality.
12.4 You will arrange for the tyre / windscreen to be repaired or replaced, as soon as possible after the incident.
13 Accidents
13.1 If you are involved in an accident the following procedures should be followed:
13.1.1 on no account admit or accept liability for the accident;
13.1.2 obtain the names and addresses of any third parties and witnesses;
13.1.3 obtain details of the insurers of any third parties;
13.1.4 report the accident to the police, regardless of estimated cost of repair;
13.1.5 if possible, photograph damage to all Vehicles involved and note the registration numbers of all Vehicles involved;
13.1.6 telephone Kind and Cairn LLC as soon as possible and not more than 24 hours after the incident using the details provided in the Vehicle User Guide to report the accident and complete the Accident Report Form in the Vehicle Information Pack;
13.1.7 upon returning the Vehicle to Kind and Cairn LLC, you will hand over all police reports or photographs and provide a full accident report;
13.1.8 depending on availability, and at our discretion, we will endeavor to provide a substitute Vehicle, subject to location, accident liability and remaining hire duration;
13.1.9 you are responsible for making your own way to Kind and Cairn LLC’s base to pick up a replacement Vehicle, we may at our discretion offer you the option of paying for an alternative Vehicle to be delivered to your location.
13.2 We will endeavor to ensure that any refund to which you may be entitled as a result of an accident is refunded as soon as reasonably practicable, bearing in mind that 3rd party claims can take a long time to resolve. Your Security Deposit will be retained in full and will not be refunded until such time and any insurance claims have been concluded.
13.3 You agree to provide all reasonable assistance to Kin and Cairn LLC and its insurers in handling any claim including providing information and, if necessary, attending Court to give evidence.
13.4 Under no circumstances should you attempt to start or drive a Vehicle that has been involved in an accident, rolled over or been submersed without our permission.
14 Vehicle Title and Ownership
14.1 You acknowledge that Kind and Kairn LLC retains legal title to the Vehicle at all times. You will not attempt, agree, offer or purport to sell; assign; sub-let; lend; let on hire or otherwise part with the possession of the Vehicle.
15 Limitation of Liability
15.1 We cannot accept any liability for any death or personal injury you or any member of your party sustain except where any such death or personal injury arose as a result of our failure to use reasonable skill and care in performing our obligations under the Rental Agreement.
15.2 You must take all necessary steps to safeguard your personal property and to cover any liability that you may incur to others during the course of your hire. We accept no liability in respect of damage to, or loss of, such personal property. We strongly recommend that you take out separate travel insurance and ensure that it will cover such an eventuality.
16 Insurance
16.1 You understand and accept that:
16.1.1 the Vehicle may only be used for social domestic and pleasure purposes and specifically cannot be used for commercial purposes unless prior agreement in writing has been obtained from Kind and Cairn and its insurers, further the Vehicle cannot be used for the carriage of passengers or goods for hire or reward, racing, pace-making, use of any track, test circuit or off road activity, use in any contest, reliability or speed trial, or use in connection with the motor trade;
16.1.2 only the Driver(s) are covered against liability for death, bodily injury, or damage to property during the period of hire. The most that will be paid is £2,000,000 related to any incident;
16.1.3 you are not covered for loss or damage to your own personal property or disruption to your travel arrangements
16.1.4 the Vehicle is covered against accidental damage by fire, theft or attempted theft during the period of hire;
16.1.5 there is a damage excess charge of $2,500 applicable to all claims;
16.1.6 for insurance purposes all Vehicles may be fitted with tracking devices and data recorded by the tracking devices may be disclosed to our insurers, the police and any other relevant authorities and used as evidence in relation to any damage/insurance claim or accident investigation.
16.2 The following are not covered by insurance:
16.2.1 damage to tyres, or damage or loss in respect of in-car entertainment systems;
16.2.2 theft involving deception. For the avoidance of doubt, theft as a result of keys remaining in the Vehicle whilst it is unoccupied is not covered by the insurance either;
16.2.3 damage to windows or a windscreen is not covered by insurance if this is the only damage to the Vehicle;
16.2.4 any claim on insurance will not be considered if the Vehicle was being used negligently and / or recklessly and / or in contravention of these Terms and Conditions.
16.3 The damage excess charge of $2,500 is applicable regardless of who is at fault. The damage excess charge will be refunded only if we are successful in recovering the cost of the damages from the third party. Please note that third party claims can take months or even years to resolve.
16.4 The Vehicle is insured for the agreed Hire Period only. If you return the Vehicle late, you may not be insured and you may be committing a traffic offence under the Road Traffic Act.
16.5 If you are forced to return the Vehicle late you must notify us by telephone as soon as possible.
16.6 Exclusions from the insurance policy, for which you will be totally liable and from which you indemnify us, include:
16.6.1 any damage to the Vehicle or the equipment that we provide to you (including scratches, dents, cigarette burns, spillages, marking) will be charged to you;
16.6.2 any costs resulting from the improper use of the Vehicle;
16.6.3 any costs or penalties resulting from an offence against the Road Traffic Regulations or or parking penalties incurred;
16.6.5 the cost to retrieve and / or recover and / or repair a Vehicle that has become bogged or submersed;
16.6.6 the cost of replacing keys which have become lost or stolen, or which have been locked in the
Vehicle;
16.6.7 the cost of repairing any damage caused by wilful misconduct;
16.7 You are strongly advised to take out additional travel insurance as you may be able to claim against it for such exclusions should the need arise.
16.8 In the event of an insurance claim you must provide full and accurate information in line with the disclosure requirements of the insurer. In the event of the Vehicle insurance being invalidated because of a breach of this provision you will be responsible for payment in full and indemnifying us (if applicable) for all losses, fines, expenses, costs and damages we or you suffer or incur as a result.
17 Security Deposit
17.1 Prior to your trip you must provide a Security Deposit of $1,500 unless optional damage reduction cover has been purchased from us to reduce this figure.
17.2 The Security Deposit will, unless otherwise agreed, be processed by way of a Pre-Authorisation on a valid credit card. Credit card details must be provided for this purpose prior to the Vehicle being released for delivery. Any delay in providing card details for this purpose may result in your trip being delayed or cancelled.
17.3 You authorise Kind and Cairn LLC and its partners to charge any amounts due in respect of any breakages or damage to the Vehicle or equipment or any other costs we incur as a result of your use of the Vehicle to the relevant credit card. This includes charges which may only become apparent up to 3 months after the Hire Period has ended, such as recovery costs, traffic offences and parking fines.
17.4 In addition to the above, we reserve the right apply charges to the card provided for the Security Deposit as follows:
17.4.1 soiling fee of $250 if the Vehicle is not returned with the interior and exterior in a reasonablyclean condition;
17.4.2 fuel surcharge if the tank is not returned full of $50 (in addition to the cost of the fuel required to fill the tank).
17.5 You agree that you will be responsible for full payment of any sums due to us should the Security Deposit not be sufficient to cover the cost of any damage or other costs as set out in these Terms and Conditions.
17.6 You agree to indemnify us for all costs, damages, expenses, claims and losses which we incur or suffer or become responsible for as a result of any act or omission by you which results in our being unable to receive full payment for such costs, damages, expenses claims and losses under the insurance cover referred to in clause 17 or for which we are unable to receive full payment under the insurance cover referred to in clause 17 above.
18 Road Traffic Legislation
18.1 You are entirely responsible for any speeding, parking, congestion charge or other road fines and penalties incurred during the hire period. In this regard, Kind and Cairn LLC reserves the right to provide the relevant authorities with your details and copies of the Rental Agreement.
18.2 The administration fee per incident will be £50.
19 Credit / Debit Card Payments
19.1 When payment of the Booking Deposit, Hire Charge and/or Security Deposit is made by credit / debit card you agree that:
19.1.1 we are authorized to charge any amounts due under the Rental Agreement to the credit / debit card including, for the avoidance of doubt, any damage excess charge costs and any fines that may be payable pursuant to clause 19 above;
19.1.2 you authorize Kin and Cairn LLC to recover payment from your credit / debit card of any charges pursuant to clauses 18 and 19 above which were not known at the time of the return of the Vehicle. As such, we reserve the right to process credit card charges pertaining to the rental after the hire period;
19.1.3 all transactions are in USD. Due to exchange rate fluctuations, for some non-USD denominated credit / debit card payments there may be some variance between the amount initially charged to a customer’s credit /debit card and any refund subsequently applied, we accept no responsibility for any loss attributable to such changes.
19.2 Personal cheques and cash are not an acceptable form of payment.
20 Privacy and Security
20.1 We respect your right to privacy. Please see our Privacy Policy in the Schedule below for full details.
21 Termination
21.1 You acknowledge that we may terminate the Rental Agreement with immediate effect and repossess the Vehicle in the circumstances set out below. You will the pay the costs of repossessing the Vehicle if:
21.1.1 you are in contravention of the Rental Agreement in any manner; or
21.1.2 we believe that you have hired the Vehicle through fraud or misrepresentation; or
21.1.3 the Vehicle appears to be abandoned; or
21.1.4 the Vehicle is not returned on the agreed date or we believe that the Vehicle may not be returned on the agreed date; or
21.1.5 on reasonable grounds, we believe that the safety of the passengers or condition of the Vehicle is endangered.
21.2 You understand that, in the event of such termination or repossession except as otherwise expressly set out in these Terms and Conditions you have no right to a refund of any part of the rental charges or the damage deposit.
22 Governing Law
22.1 This agreement is governed by the law of State of Colorado and any disputes arising under this agreement will be subject to the jurisdiction of the Colorado Courts.
22.2 The customer warrants that all information supplied by them to Kin and Cairn LLC and its contractors, employees and directors in connection with the Rental Agreement is true and accurate.
22.3 The Rental Agreement as defined in clause 2 above constitutes the entire agreement between the parties and there are no other undertakings or agreements between the parties relating to the subject matter of the Rental Agreement.