Guest Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Introduction
We, Annaga Limited (trading as “mohost”), a company incorporated in Scotland having company number SC653008 and having its registered office at 5 SOUTH CHARLOTTE STREET, Edinburgh, EH2 4AN, operate a Site connecting those who have an available motor home pitch with those seeking to book such a pitch for a break (“Services”). These Terms and Conditions apply to your use of our Site
Please also see the Substance of Contracts for a summary of the contractual obligations.
When you register as a Guest on our site you are agreeing the following:
1. Definitions and interpretation
2. Basis of contract
3. Supply of Services
4. Appointment as Agent
5. Our obligations
6. Exclusions
7. Your obligations
8. Charges and payment
9. Cancellation
10. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
11. Termination
12. Consequences of termination
13. General
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 10 (LIMITATION OF LIABILITY).
1. Definitions and interpretation
The following definitions and rules of interpretation apply in these Conditions. Terms defined in the Booking Terms and Conditions shall have the same definition in these Terms and Conditions except where expressly stated otherwise.
1.1 Definitions:
Booking: where You use Our Services to book a stay on a Host’s Pitch for one or more Nights.
Booking Period: those Nights over which You have booked to stay with Your Vehicle on a Host’s Pitch.
Booking Terms and Conditions: the booking terms and conditions made available to you on the Site at https://www.mohost.co.uk/terms-and-conditions/booking/.
Business Day: a day, other than a Saturday or Sunday, when banks in Edinburgh are open for business.
Charges: the charges payable to Us by You for the supply of the Services in accordance with clause 8.
Conditions: these terms and conditions as amended from time to time in accordance with clause 13.5
Contract: the contract between Us and You for the supply of Services in accordance with these Conditions and the Booking Terms and Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Customer: a User who has registered to use the Site as a Guest.
Customer Default: has the meaning set out in clause 7.2.
E-Hook-up: a 16 amp electric hook-up which is fully compliant with all safety and other relevant laws and regulations which provides electricity for vehicles when they are parked.
Guest: a User who has registered to use the Site to receive Services from Us so they can book a stay on a Host’s Pitch subject to Host Availability.
Host: an individual who has registered their interest on the Site to list their Pitch on the Site to let You make a booking subject to Host Availability.
Host Availability: the Nights that a Host marks their Pitch as available for You to book using the Site.
Intellectual Property Rights: copyright and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
List / Listing: where a Host has added their Pitch to the Site and set their price per Night for You to use.
Night: the period from the earliest arrival time set by the Host on their Listing on one day until the latest leaving time set by the Host on their Listing the following day.
Our: anything owned by, provided by or owed by Us.
Pitch: a designated area of ground listed on the Site that a Host has the relevant ownership or permission to allow You to stay on with an E-Hook-up made available for You to use.
Price / Pricing: the cost for You to stay on a Host’s Pitch per Night, with the minimum rate being £30 per Night.
Services: the use of Our Site to book a Pitch.
Site: our website at www.mohost.co.uk/.
Successful Booking: a Booking where You have used a Host’s Pitch for the Booking Period and paid the amount due under the Booking in full.
Us / We: ANNAGA Limited, a company registered in Scotland under company number SC653008 with its registered office at 5 SOUTH CHARLOTTE STREET, Edinburgh, EH2 4AN.
User: a person or firm who uses the Site.
Vehicle: a motorhome or campervan used/operated by you.
You: anyone who has registered on the Site to use Our Services as a Guest.
Your: anything owned by, provided by or owed by You.
1.2 Interpretation:
(a) References to clauses are references to the clauses of these Conditions.
(b) A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(c) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(d) A reference to writing or written includes email.
2. Basis of Contract
2.1 These Conditions will apply to anyone who views or uses the Site.
2.2 These Conditions relate to your use of the Site (whether passive or otherwise), if You wish to Book a Pitch through the Site you will also be bound by Our Booking Terms and Conditions.
2.3 Any descriptive matter or advertising issued by Us, and any descriptions or illustrations contained in Our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions and the Booking Terms and Conditions apply to the Contract between You and Us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. Supply of Services
3.1 We shall supply the Services to the Customer in accordance with the Contract.
3.2 We reserve the right to amend these Terms and Conditions and/or the Booking Terms and Conditions if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and We shall notify the Customer in any such event.
3.3 The Services will be provided using reasonable care and skill.
4. Appointment as Agent
4.1 You appoint Us as Your agent for the purposes of forming binding agreements between You and the Host in relation to Bookings. The Host grants You a licence to use their Pitch to which a Booking relates for the Booking Period. You also appoint Us to collect Your payment in relation to the Booking on behalf of the Host.
4.2 At the time the Booking of the Pitch is confirmed and payment is received from You (in accordance with clause 8), a binding agreement will be formed between You and the Host. The agreement between You and the Host will include the relevant terms and conditions of the Contract and will also include any additional restrictions relating to the Host’s Pitch if included in their Listing.
5. Our obligations
5.1 We shall:
(a) provide a registration process and capability for You to pay Hosts in exchange for them granting You a licence to use their Pitch for the duration of the Booking Period;
(b) provide a web experience where You can view and book an overnight stay through Hosts’ Listings;
(c) provide cancellation protection cover that You can opt-in and pay for, as set out in clause 9 below;
(d) provide a payment gateway for making payments; and
(e) make Host Listings available on the Site for You to book.
6. Exclusions
6.1 We do not test Hosts’ E-Hook-up to confirm they meet the relevant safety requirements. The Host is entirely responsible for ensuring that the E-Hook-up complies with all legislation and safety requirements.
6.2 We will not mediate in conflicts between You and Hosts.
7. Your obligations
7.1 You shall:
(a) when using the Host’s Pitch during the Booking Period, not park Your Vehicle outwith the boundaries of the Pitch;
(b) provide accurate dimensions of Your Vehicle;
(c) comply with all applicable national and local laws and regulations, and by-laws at all times;
(d) not cause excessive noise and be mindful of the Host’s and neighbouring properties;
(e) arrive no earlier and leave no later than the times stated on the Host’s Listing as stated at the time of booking, unless mutually agreed with the Host;
(f) act in a courteous and respectful manner when interacting with Hosts and anyone else; and
(g) leave the Host’s Pitch as You found it.
7.2 You:
(c) warrant that You are the owner of the Vehicle or You are in lawful possession of the Vehicle with the permission of the legal owner;
(e) warrant that You have in place a third-party or comprehensive insurance policy for the Vehicle that You will park on a Host’s Pitch;
(f) agree to Us using Stripe to process payments from You;
(g) agree to Stripe’s terms of service (available at www.stripe.com/gb/legal/end-users);
7.3 If the performance of any of Our obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, We shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve Us from the performance of any of Our obligations in each case to the extent the Customer Default prevents or delays Us performing of any of Our obligations;
(b) We shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Our failure or delay to perform any of our obligations as set out in this clause 7.3; and
(c) the Customer shall reimburse Us on written demand for any costs or losses sustained or incurred by the Us arising directly or indirectly from the Customer Default.
8. Charges and payment
8.1 The Charges for the Services shall be £3.00 per Booking.
8.2 You will also be required to pay in full the:
(a) Price for the entire Booking Period of the Booking;
(b) Charges for the Cancellation Cover for the Booking (set out in clause 9.2 below) if You elect to add that to the Booking;
at the time of placing the Booking.
8.3 We reserve the right to increase the Charges at any time by sending You a Notice of the change in accordance with clause 13.8 informing the Customer of the change to the Charges.
8.4 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. Cancellation
9.1 Subject to clause 9.3 below, Confirmed Bookings are not refunded if cancelled.
9.2 You can pay an additional charge at the time of placing Your Booking which provides You with the additional protection set out in clause 9.3 if You cancel Your Booking more than 48 hours before the start of the Booking Period (Cancellation Cover). The charge for this will be 12% of the cost under clause 8.2(a).
9.3 If You have paid for Cancellation Cover and cancel Your Booking more than 48 hours before the start of the Booking period You will receive a full refund for the amount You paid under clause 8.2(a) (excluding the booking fee and cancellation cover cost).
9.4 To cancel a Booking You must log into your account, then select the appropriate booking that you want to cancel.
9.5 In the unlikely event of a Host having to cancel a Guest’s Booking before the start of the Booking Period. You will receive a full refund of the sum paid under clause 8.2(a) (excluding the booking fee and cancellation cover cost).
9.6 Any refunds made under this clause 9 shall be made by Us to You within 10 Business Days of the acceptance of the cancellation request.
10. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 The Customer is responsible for making their own insurance arrangements.
10.2 Restrictions on liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, delict, under statute or otherwise (including liability arising from negligence).
10.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 11B of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.4 Subject to clause 10.3 (Liabilities which cannot legally be limited), Our total liability to the Customer:
(a) for loss arising from Our failure to comply with Our data processing obligations shall not exceed £200; and
(b) for all other loss or damage shall not exceed the lower of:
(i) £200; or
(ii) The sum paid by You for the Successful Booking that the claim relates to.
10.5 Subject to clause 10.3 (Liabilities which cannot legally be limited), We are not liable to the Customer for any:
(a) loss of profits;
(b) loss of sales, business, or revenue;
(c) business interruption;
(d) loss of business opportunity;
(e) loss of agreements or contracts;
(f) loss of anticipated savings;
(g) loss of use or corruption of software, data or information;
(h) loss of or damage to goodwill and/or reputation;
(i) indirect or consequential loss;
(j) property damage (including, for example, damage to a building or vehicles parked in the vicinity of the Pitch) and/or damage to Your Vehicle;
(k) loss in connection with the use of, the inability to use, the Site; and/or
(l) use of, or reliance on, any content displayed on the Site and/or any information or data provided to You through the Site or directly by Us.
10.6 Unless the Customer notifies Us that it intends to make a claim in respect of an event within the notice period, the We shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
10.7 The Customer is liable to pay any fines, penalty notices or similar they receive in connection with the making available, or using, a Pitch. We will under no circumstances be liable to the Customer for any loss or damage they may suffer in relation to any fines, penalties or similar applied by authorities in relation to their breach of any rules, regulations, road markings or other relevant legislation.
10.8 This clause 10 shall survive termination of the Contract.
11. Termination
11.1 If You do not comply with the terms of this Contract we may suspend or close Your account and You will not be able to use Our Services (including making Bookings). We may also cancel a Booking if You do not comply with the terms of this Contract (including Your payment obligation in clause 8), and may at Our discretion close Your account and terminate this Contract.
11.2 If We suspend Your account or access to the Site for any reason, We may refuse to provide You with any Services including the ability to make any further Bookings. If You attempt to circumvent this clause by attempting to create a new account, We reserve the right to terminate this Contract and any existing Account You may have.
11.3 Upon termination You will no longer be able to use Our Services or make Bookings through Us. If, when We terminate this Contract, You have any outstanding Bookings, the outstanding Bookings will be cancelled as if You had cancelled the Booking. You will be refunded in accordance with clause 9 (which may include there being no refund due).
11.4 In the event of termination the terms of this Contract will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).
12. Consequences of termination
12.1 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
12.2 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
13. General
13.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
13.2 Assignation and other dealings
(a) We may at any time assign, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without prior written consent from Us.
13.3 Confidentiality
(a) Each party undertakes that it shall not at any time disclose to any person any confidential information of any other party, except as permitted by clause 13.3(b).
(b) Each party may disclose the other party’s confidential information:
(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 13.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
13.4 Entire agreement
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
13.5 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and agreed by the parties (or their authorised representatives).
13.6 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract is deleted under this clause 13.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.8 Notices
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by email to:
(a) Us at support@mohost.co.uk; or
(b) You at the email address You have stated as the contact email address on Your account.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting notwithstanding any postal or other relevant strikes; or
(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 13.8(b)(iii) business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 13.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
13.9 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.
13.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Scotland.
13.11 Jurisdiction. Each party irrevocably agrees that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.