1. WHO WE ARE AND HOW TO CONTACT US
We are Equitow Ltd, a limited company (registration number 17024550 a company providing peer to peer marketplace services for horse transportation. You can contact us at info@equitow.co.uk. You can access our services via www.equitow.co.uk (Website)
2. WHEN THESE TERMS APPLY
2.1 These terms apply to visitors to our website as well as for those who own or hire, horse trailers (Trailers) via our online platform Equitow. To use the platform, you will have navigated to our website and registered as a User (whether as an Owner of a Trailer that you wish to rent out from time to time or as a User who wishes to hire a Trailer from time to time).
2.2 By using our website and / or platform, you confirm that you accept these terms of service and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
2.3 Terms which appear in bold when they are first used have specific meanings explained where they are first used (Defined terms).
2.4 The Terms are divided into 4 parts:
Part A: Website Terms of Use for site visitors
Part B: Terms of Use for Equitow’s registered Owners and Users
Part C: Terms and Conditions for Owners on Equitow
Part D: Terms and Conditions for Users on Equitow
2.5 Our site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals residing in the United Kingdom (Permitted Territory). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are resident in the Permitted Territory. If you are not resident in a Permitted Territory, you must immediately discontinue use of our site and any related content and services.
Part A: Website terms of use for site visitors
3.0 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of service refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy [https://www.equitow.co.uk/privacypolicy], which explains how we collect, use and store your personal data.
Our Cookie Policy [https://www.equitow.co.uk/privacy-policy], which sets out information about the cookies on our site.
4. WE MAY MAKE CHANGES TO THESE TEMRS AND/OR OUR WEBSITE
We amend these terms from time to time. If you are a website visitor, every time you wish to use our website, you may check these terms to ensure you understand the terms that apply at that time. If you use Equitow to hire out or hire Trailers, we will inform you by email when we change our terms or materially change our website functionality.
5. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
6. YOU MUST KEEP YOUR ACOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@equitow.co.uk.
7.0 HOW YOU MAY USE MATERIAL ON OUR SITE
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it save as specified under clause 11. All works we publish are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3 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.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
7.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).
8. NO TEXT OR DATA MINING, WEB SCRAPING OR COPYING ETC.
8.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
8.1.1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same;
8.1.2. any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
8.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
8.3 You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in our Terms.
8.4. This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
8.5. Except as permitted by any applicable law which you and we cannot agree to exclude, you must not:
8.5.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means;
8.5.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems;
8.5.3. access all or any part of our systems to build a Trailer or service which competes with them;
use our systems to provide services to third parties or allow or assist third parties to access our systems;
create multiple accounts to evade punishment or avoid restrictions.
9. RULES ABOUT LINKING TO OUR SITE
9.1. You may link to our website on reputable social media provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2. 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.
9.3. We reserve the right to withdraw linking permission without notice.
9.4. If you wish to link to or make any use of content on our site other than that set out above, please contact info@equitow.co.uk.
10. OUR TRADE MARK
Equitow™ is a trade mark belonging to Equitow Ltd. You are not permitted to use it without our approval.
11. WE ARE NOT RESPONSIBLE FOR WEBSITE TO WHICH WE LINK
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
12. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
13. YOU MUST NOT INTRODUCE VIRUSES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. 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 or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. 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.
14. COMPLIANCE WITH THE LAW AND MANDATORY PRACTICES
You must at all times when doing anything in connection with this agreement comply with all applicable laws (including but not limited to UK data protection law), statutes, regulations and codes, as well as our mandatory policies from time to time.
Part B: Terms of use for Equitow’s registered Owners and Users
This part applies to all those registered on Equitow, whether you are an Owner or a User.
15. WE ARE A MARKETPLACE PLATFORM ONLY
Equitow is a marketplace platform and, as such, we are merely facilitating Trailer hire between Owners and Users, and we assist you to receive and pay for bookings as the User’s agent in that regard only. We may offer further services from time to time but we shall never be party to the rental contract between Owner and User.
16. UPLOADING CONTENT TO OUR SITE
16.1. Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, you must provide precisely the sorts of images requested by our platform and no other images whatsoever. Contact with other Users on our site is only permitted for the purpose of Trailer hire.
16.2. You undertake that your content contributions and contact with other Users shall at all times comply with the requirements in clause 16.1 and you shall be liable to us and shall indemnify us for any breach of that undertaking. This means that you will be responsible for any loss or damage we suffer as a result of your breach of undertaking.
16.3. We will consider any content you upload to our site to be non-confidential and non-proprietary, that is, in the public domain. You own your content, but you are required to grant us and other Users of our site a limited licence to use, store and copy that content and to distribute and make it available to others as detailed in clause 17.
16.4. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.
16.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use requirements set out in clause 16.1.
16.6. If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact info@equitow.co.uk.
17. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
17.1. When you upload or post content to our site, you grant the following rights to use that content:
17.1.1. a worldwide, non-exclusive, royalty-free, transferable licence for Equitow to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service forever.
17.1.2. a worldwide, non-exclusive, royalty-free, transferable licence for other Users, partners or advertisers to use the content in accordance with the functionality of our site to expire when the user deletes the content from our site.
18. USER GENERATED CONTENT IS NOT APPROVED BY US
Our site may include information and materials uploaded by other Users which usually should not contain any views but should be factual descriptions of Trailers or their use. However, it is not always possible to monitor such content in real time and so the information and materials uploaded by others may have not been verified or approved by us. The views expressed by other Users on our site do not represent our views or values.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
19.1. Whether you are a consumer or a business User:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
19.2. If you are a business User:
Our website and platform is not intended for business use. It is a peer-to-peer marketplace. If you are, notwithstanding, a business User:
19.2.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
19.2.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
19.2.3. In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
19.3. If you are a consumer User:
19.3.1. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3.2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
19.4. How we may use your personal information
We will only use your personal information as set out in our [www.equitow.co.uk].
19.5. Which country's laws apply to a dispute
19.5.1. If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.5.2. If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
19.6. Your warranties about the information you give
You represent and warrant that:
19.6.1. You are resident in Great Britain (England, Wales or Scotland but not Northern Ireland). Should you no longer reside here, you may not use Equitow unless we have expanded to offer an international service.
19.6.2. The information you provide to us in connection with your application to become a seller on Equitow is complete and accurate and you will promptly notify us of any changes to it and keep the Owner profile you create on our Owner interface up to date.
19.6.3. Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.
19.7. Our rights to verify the information you give us and your compliance with these terms
19.7.1. We may at our option at any time require you to promptly provide us with reasonable evidence that any information you have given us is true and up to date and that such information and your behaviour is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to hire out a Trailer on Equitow, in your profile and in the listing(s) for your Trailer(s). We can suspend or restrict individual listings until you have supplied this evidence and end this agreement if you do not comply with this requirement.
19.7.2. You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the Trailer(s) you list on Equitow) and disclose it to tax or other governmental or regulatory authorities where required by such authority or for compliance with our legal obligations.
19.8. RULES GOVERNING YOUR USE OF OUR SYSTEMS
19.8.1. You may only use our platform interface and the other computer systems that support, operate and comprise Equitow (our systems) for listing and selling your Trailer and communicating with us and your Users as envisaged in these terms.
19.8.2. You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:
Making sure any devices you use to access our platform interface have up to date anti-virus protection and not introducing any viruses into our systems.
Ensuring that your log-in details and passwords for our platform interface:
are only used by your employees and subcontractors approved by us (as set out in who in each case are required to comply with these rules;
are not shared between Users; and
are changed as and when prompted by our systems.
Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.
19.8.3. User reviews can only be received and presented through our platform interface. We do not allow you to quote reviews or link to reviews generated anywhere else.
19.8.4. You must not directly or indirectly contact each other regarding reviews except via publicly viewable response functions on Equitow.
19.9. PLATFORM AVAILABILITY
We aim to make the Owner interface available to Owners and the public Equitow interface available to Users, on a 24/7 basis. We reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We will give you as much notice of such downtime as is reasonably possible under all the circumstances. All communications using the internet may be affected by events outside our reasonable control.
20. CHANGES TO THESE TERMS
20.1. We will let you know via email or via our interface about any changes we are making to these terms (including the policies referred to in them), unless they are just editorial changes which do not alter the terms' content or meaning.
20.2. Normally we will give you at least 15 days' notice before such changes take effect.
20.3. We will give you more notice if a change we are making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from Equitow, add a new feature or if you need to adapt your goods or reprogramme your services to continue using Equitow.
20.4. We will not give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect Equitow, our Owners or our Users from fraud, malware, spam, data breaches or other cybersecurity risks.
20.5. If you list or book a Trailer on Equitow after we have told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.
21. WHAT YOU CAN DO IF YOU ARE UNHAPPY ABOUT CHANGES WE HAVE MADE
If you are unhappy with any changes we tell you about, you can normally end this agreement. The exceptions are that you cannot end this agreement because of a change if:
21.1. you have active bookings for your Trailers on Equitow, or you have booked a Trailer as a User (although this will not prevent you from ending this agreement after completing your commitment to the User / Owner as the case may be);
20.2. you have previously told us that you accept the change.
**22. GOVERNING LAW AND JURISDICTION **
This agreement 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 England and Wales. Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.
23. Impact of events beyond your or our reasonable control (force majeure)
Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 3 months, the party not affected may end this agreement by giving 14 days' written notice to the affected party.
24. WE CAN TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT
We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.
25. PROTECTING EACH OTHER'S CONFIDENTIAL INFORMATION
25.1. Neither you nor we (the recipient) shall at any time during the term of this agreement, and for a period of two years after it ends (for whatever reason) disclose to any person any confidential information concerning the business, assets, affairs or clients of the other (the discloser) or of any member of the group of companies to which the discloser belongs, except:
25.1.1. to the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause;
25.1.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
25.2. The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
26. NETHER WE NOR YOU ARE BOUND BY ANYTHING SAID BUT NOT INCLUDED IN THIS AGREEMENT
26.1. This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.
26.2. Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
27. INFORMAL CHANGES TO THIS AGREEMENT ARE NOT VALID
No variation of this agreement shall be effective unless it is in writing and signed by you and us. We do not amend this agreement on request because it applies to all our Users. However, if you notice any problems with it, we will be glad to receive your input which we shall reasonably consider.
28. YOU AND WE CAN ONLY WAIVE OUR RIGHTS UNDER HIS AGREEMENT IN WRITING
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
29. INVALIDITY OF PART OF THIS AGREEMENT DOES NOT AFFECT THE REST OF IT
If any provision or part-provision of this agreement 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.
30. ONLY YOU AND WE HAVE RIGHTS UNDER THIS AGREEMENT
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for a person who is not a party to this agreement to enforce any term of it.
Part C: Terms and conditions for Owners on Equitow
31. OUR AGREEMENT WITH OWNERS
31.1. Our agreement between you governed by Parts A, B and C of these terms will come into force if and when we accept your application to become an Owner. Only the provisions of Part A and the documents referred to in that part will apply until that point.
31.2. Part D will also apply insofar as it explains the rights of consumers and most of the Users are likely to be consumers. The obligations to the Users under consumer law are your legal responsibility. We have endeavoured to make our processes complaint with consumer law but if you think we should make any changes, you must tell us so immediately, explaining your reasoning and the actions you suggest we take.
32. HOW TO APPLY TO BECOME AN OWNER ON EQUITOW
32.1. You can apply to join Equitow to hire out your Trailer on our online platform here [https://www.hire.equitow.co.uk. We have full discretion as to whether or not we accept your application. Criteria we may consider are the condition of your Trailer, the completeness of any documents and authorisations provided, and sufficient availability of your Trailer for hire.
32.2. The UK government has issued the following guidance for Trailer owners and you are required to comply with it. This is a condition of this agreement which means that we can terminate the agreement if you do not comply with relevant guidance.
33. OUR COMMUNICATIONS WITH EACH OTHER
33.1. When we accept your application to become an Owner, we will give you access to our platform interface. We will generally use email, SMS or telephone to tell you about User booking requests, questions, cancellations and complaints and also other things about our service, such as changes to these terms. We may also contact you via our platform interface or other methods.
33.2 . You should use our Owner interface to get in touch with us wherever possible, but we may also give you other ways of contacting us.
34. YOUR COMMUNICATIONS WITH USERS
34.1. You must always use the platform interface to communicate with Users who have hired your Trailer through Equitow or enquired about your Trailer through Equitow. Where this is not possible (for example, where a User, having hired your Trailer through Equitow finds and calls you directly), you should retrospectively record accurate details of any communications with Users on the Owner interface. This helps us to keep a full record of all communications in relation to any transaction, in case there are any disputes.
34.2. If a User contacts you about your Trailers through Equitow you must not in any way ask or encourage the User to source the Trailer(s) (or repeat bookings for a Trailer) either directly from you or from elsewhere. Note that we may terminate our agreement with you if you circumvent Equitow in this way.
35. CREATING OWNER PROFILE AND LISTING TRAILERS ON EQUITOW
35.1. Once accepted, you must create an Owner profile on Equitow. Once you have done this you can create listings to hire out your Trailers on Equitow through our Owner interface. You represent and warrant that you will:
35.1.1. only create listings for Trailers of the types approved by us;
35.1.2. only list Trailers which comply with all applicable legislation and regulations;
35.1.3. only list Trailers which are safe. You cannot list Trailers that are unsafe, that we reasonably believe to be unsafe or that have been or become the subject of a safety alert or recall. We will require safety compliance documentation before permitting you to list your Trailer(s). For information on your Trailer safety obligations, see:
https://www.gov.uk/government/publications/guidance-for-horsebox-and-trailer-owners
35.4.1. You must include in your listings, or where appropriate your Owner profile, all the information about you and your Trailers and how you will fulfil hire requests that is needed to comply with consumer protection law, as well as any relevant safety information about your Trailers. Our User interface will prompt you to provide this information, but you are responsible for making sure you comply with the law. For more on these information requirements, please see Part D and the Trading Standards' advice on online selling at www.businesscompanion.info.
35.2. You must ensure that your Owner profile and the listings for your Trailers:
35.2.1. only feature high quality images and descriptions for which you have all the necessary intellectual property and other rights to use in this way on Equitow and to license to us as set out in in this agreement;
35.2.2. are in the English language and are clear and comprehensible;
35.2.3. display real-time information about the availability of each Trailer you have listed for hire.
35.3. You may not include anything which would encourage or allow Users to contact you other than through the Owner interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.
35.4. You may not use any search engine optimisation techniques which breach search engines' guidelines or involve deception, including but not limited to keyword stuffing.
36. YOU MAY NOT LIST SOMEONE ELSE'S TRAILER WITHOUT WRITTEN AUTHORISATION
You may only list Trailers that belong to you and are appropriately registered to you. In every case, we will require proof of legal ownership before we agree to list your Trailer.
37. WHAT HAPPENS IF YOU WANT TO TRANSFER YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT
You cannot transfer any of your rights and obligations under this agreement.
38. PRICING YOUR TRAILERS (INCLUDING VAT WHERE APPLICABLE, AND DELIVERY AND CLEANING CHARGES)
38.1. How you price your Trailer hire is entirely up to you and you can change the price for your Trailers at any time using the Owner interface. Please allow a reasonable time for your revised prices to be displayed on Equitow.
38.2. We will charge Users the price shown on Equitow at the time they submit their booking which will be the total hire price.
38.3. On the checkout page we will state the total hire price for each Trailer which includes the following:
38.3.1. your charges;
38.3.2. our charges;
38.3.3. supply VAT, where applicable;
38.3.4. any other non-optional charges.
38.4. We will ensure that any Trailer listing or other pages which indicate the price of your Trailers give the total price inclusive of the elements listed above.
39. How we rank owner listings
Should we show rankings of Owner listings, we will show the average star rating by Users and no other criteria will be considered.
40. MARKETPLACE PROMOTIONS
We may invite you to participate in promotions on Equitow, for example, by paying us for a more visible listing (as explained in our ranking parameters policy) or offering free delivery for your Trailers or discounts. The terms of such promotions will be available through the Owner interface and by submitting any of your Trailers for such a promotion you agree to the relevant terms.
41. OTHER SALES CHANNELS AND AFFILIATES USED TO MARKET YOUR TRAILERS
We may use additional channels and affiliate programmes to market your Trailers, as sold on our site.
42. WE MAY OFFER USERS GOOD AND SERVICES WHIH COMPLIMENT TRAILER HIRE
When a User is booking your Trailer(s) on Equitow we may offer them other related goods or services being sold by us or on our behalf. We don't allow you to offer the same complementary goods or services to Users for your Trailers.
43. Dealing with User bookings, refunds and complaints
43.1. Users booking Trailers on Equitow must click to accept our Terms that apply to them, which are:
43.1.1. Part A: Website terms of use for site visitors,
43.1.2. Part B: Terms of use for Equitow’s registered Owners and Users, and
43.1.3. Part D: Terms and Conditions for Users on Equitow.
43.2. When a User books one of your Trailers from Equitow, we, acting as your agent in your name and on your behalf, will:
send the User a booking acknowledgement email in our standard format;
promptly inform you of the User booking request via the Owner interface.
43.3. You must let us know within 48 hours whether you confirm the booking request. If you confirm, we shall send the User a booking confirmation email in our standard format which will create a direct contract between you and the User for the use of your Trailer for the agreed duration.
43.4. If you tell us that you cannot fulfil a booking, we shall send the User a booking rejection email in our standard format.
43.5. We will pay you once the booking has been completed i.e. the Trailer has been used by the User and returned to you.
43.6. Our booking acceptance email will serve as the User's receipt issued in your name and on your behalf.
43.7. Our email will include all the information about the booked Trailer which you have included in your Trailer listing as well as separately showing the UK supply VAT collected as part of the booking. You are legally responsible for ensuring that this information meets legal information requirements and complies with all applicable legal, tax and regulatory requirements in connection with any User VAT receipt issued in your name, so please check the email and let us know if it requires amendment.
43.8. A booking will be considered confirmed when we have received payment from the User, and you have confirmed the booking.
43.9. You must ensure that the Trailer has been cleaned and disinfected before you provide it to the User and then make it available for collection for the agreed duration.
43.10. Note that you will need to read, understand and implement the User terms in Part D Terms and Conditions for Users that form part of the contract between you and the User.
44. DEALING WITH USER QUESTIONS ABOUT BOOKINGS
You must deal promptly and professionally with any User questions about bookings using the Owner interface. You must liaise with us if the question relates to any part of the process we're involved in. You and we will co-operate with each other in trying to resolve any such questions.
45. DEALING WITH USER CANCELLATIONS
45.1. We will tell you if a User contacts us to cancel a booking. As Users are consumers, you are obliged to follow consumer law in regard to their bookings. You can see further details in Part D clause 66 and here:
https://www.gov.uk/government/publications/what-businesses-need-to-know-about-unfair-commercial-practices/what-businesses-need-to-know-about-unfair-commercial-practices
45.2. When we tell an Owner that a User wishes to cancel, or when a User contacts an Owner directly to cancel a booking, the Owner must comply with the cancellations and refunds policy in Part D clause 66.2. You must promptly tell us of any refunds you have offered to Users who have cancelled, and these will be dealt with as described in Part D clause 66.2.
46. HOW YOU MUST HANDLE USER COMPLAINTS (COMPLAINTS POLICY)
46.1. We will tell you if a User complains to us about you or one of your Trailers, including (without limitation) any complaints that Trailers have not been made available or delivered or that cancelled bookings have not been refunded and we will provide you with all relevant details about the complaint.
46.2. You must deal with complaints we tell you about, and any complaints you receive directly from Users, in a way that complies with consumer law (see guidance above), and honour any additional commitments or guarantees you have made in your Trailer listing or other marketing or advertising. You must handle User complaints reasonably, honestly and fairly.
46.3. We offer assistance to Owners and Users to help them resolve disputes arising out of the supply or non-supply of Trailers through Equitow. You agree to co-operate fully in this process, but you and any User may at any time opt to refer any dispute to the third party mediator or to take the matter to court.
46.4. All of your communications with Users about complaints should be carried out through our Owner interface, or where this is not possible, they should be accurately logged with our Owner interface as near to the time of the interaction as possible.
46.5. If, in relation to any dispute with a User, you do not engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the User on your behalf. We can also do this if you do not abide by any commitment you have made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. You must reimburse us for payments made in compensation.
47. HOW USER REVIEWS ARE COLLECTED AND DISPLAYED
47.1. We will use the Owner interface to invite all Users who have hired your Trailers to review your Trailers and to remind them of this invitation twice.
47.2. Users submitting a review do so in a prescribed format which may involve a free text box. We may detect User reviews which breach our rules for acceptable use but we do not guarantee that we will do so. You are responsible for checking reviews and telling us if you consider that a review breaches acceptable use. If we agree, we will remove the review from the site and inform the User that we have done so.
48. ACCESS TO AND USE OF DATA GENERATED THROUGH USE OF EQUITOW
Your own and your Users' use of Equitow will generate data (including personal data), about bookings, User queries, ratings and reviews for your Trailers. Our Privacy Policy www.equitiw.co.uk sets out the extent to which and under what conditions we will access this data ourselves (including the data categories) and give you access to this data and how we will do this. The policy also sets out the extent to which we allow your third party service providers access to such data and how (and for how long) you can obtain access to such data after this agreement ends. it also describes your data protection rights including rights to object to certain types of processing activity.
49. FEES AND COMMISSION ON TRAILER RENTAL
49.1. We charge a commission of 10% on each booking transaction we facilitate (Commission). Our Commission is calculated as 10% percentage of the total price paid by the User for the Trailer, its delivery if applicable, and any optional extras) plus VAT.
49.2. We charge this Commission when a booking is confirmed by an Owner. The Commission on a confirmed booking is non-refundable unless:
49.2.1. the Owner cancels the booking in which case the Owner pays Equitow the Commission; and the User gets it back from Equitow; or
49.2.2. the Owner does not confirm the booking or does not accept it in which case the charges for the Trailer and Commission held by Equitow is repaid to the User without deduction.
50. PAYMENT PROCESS FOR OWNERS
50.1. We will pay Owners the sums received by us from Users for your Trailers less:
50.1.1. our commission and any VAT applicable to it.
50.2. We may also deduct:
50.2.1. any Commissions (and any VAT applicable to them) on refunded amounts where you have cancelled a booking and for which we have invoiced you (see clause 51) but which are unpaid at the time we pay you, whether or not the due date for payment has arrived.
50.2.2. any sums owed to us in connection with any third party claim which are unpaid at the time we pay you.
50.3. We charge Users in pounds sterling and account to you in pounds sterling.
50.4. Should any VAT and / or tax liability arise from your use of Equitow, you must account to HMRC for it and fully comply with your tax obligations in connection with it.
50.5. Within 7 days after the Trailer has been returned at the end of the booking period, we will send you an account statement and credit the sum due to the bank account you have notified to us via the Owner interface.
50.6. You must pay any invoices we submit to you within 7 days of receipt (see clause 51).
50.7. If either of us fails to make a payment due to the other under these terms by the due date, then, without limiting the other party's remedies, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 2% a year above the Bank of England's base rate from time to time, but at 2% a year for any period when that base rate is below 0%.
51. HOW USERS ARE REFUNDED FOR CANCELLATIONS
51.1. If an Owner cancels a booking and the User is due a refund in accordance with clause 66.2, the Owner is deemed to instruct us to refund the User, and so we will pay the User back their money we are holding. In such case, you will need to pay us the Commission as a cancellation fee.
51.2. If a User cancels a booking, we will refund them your charges, if refundable in accordance with clause 66.2, while retaining our Commission as a cancellation fee.
51.3. Our and your rights of set-off
Save as expressly provided in these terms, you and we shall each pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
51.4. BOOKINGS FROM OUTSIDE GREAT BRITAIN
Equitow only displays information to Users in the English language, only accepts payment in pounds sterling and only permits Users to enter delivery addresses in Great Britain (England, Wales and Scotland) and we make this clear to Users. Equitow also has a co.uk web address. Despite our taking these steps, Users from outside Great Britain may succeed in hiring your Trailers from Equitow. Users from outside Great Britain may have rights under their local laws which apply as well as or instead of their rights under English, Welsh and Scottish law and our standard terms for consumers. If you do not wish to accept such bookings, it is your responsibility to reject them.
52. USING EACH OTHER'S BRANDING AND OTHER INTELLECTUAL PROPERTY RIGHTS
Your use of our branding
52.1. You may publicise your listings on Equitow outside Equitow, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled or created by Equitow. You can share the urls for your listings and Owner pages and state that your Trailers can be bought on Equitow. However, you cannot use the Equitow stylised name or logos either on their own or in combination with another word or use the Equitow name in your social media profile name or photo. You also cannot create content with the same look or feel as that of Equitow.
52.2. As soon as reasonably possible after this agreement ends, you must remove any content that suggests you sell on Equitow from any places you control and use your best efforts to remove such content from any places owned by any third parties.
Our use of your branding and other intellectual property rights
52.3. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding) you provide to us in connection with you and your Trailers (your materials) for the purposes of listing your Trailer(s) on Equitow, marketing Equitow more generally on social media and other marketing channels, and for operating and improving.
52.4. As soon as reasonably possible after this agreement ends, we'll stop all further use of your materials on Equitow and in other sales channels described above. However, where we have used your materials for publicity and advertising, certain copies of these may continue to be published for some duration thereafter for which we reserve the right to continue using your materials.
52.5. Except as stated above, we will not acquire any rights to your materials and any goodwill generated by our use of your materials on Equitow or through our marketing activities will accrue to you.
53. SUSPENSION OF LISTINGS, ENDING THIS AGREEMENT AND DISPUTES
53.1. We can suspend or restrict any individual listing you make on Equitow if we become aware, or have reason to believe, that what you have told us about your Trailer or said about your Trailer in the listing for it is not true or up to date or that the Trailer or the listing does not comply with these terms or is otherwise unlawful. We can also display a warning to Users about any of these issues (or as required to comply with any regulator's directions), on or near your listings or your User facing Owner profile.
53.2 We can end this agreement and your rights to use Equitow for any of the following reasons:
53.2.1. You have not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
53.2.2. You have not paid one of our invoices by the due date stated on it.
53.2.3. You have become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
53.2.4. We reasonably consider that our continuing to provide services to you could expose Equitow to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on Equitow's reputation or the other Owners selling on Equitow.
53.2.5. We decide to stop providing Equitow or to stop selling your type of Trailers on Equitow.
53.2.6. We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations.
53.3. We will give you at least 30 days' notice that we are ending this agreement unless:
53.3.1. Our legal, tax or regulatory obligations require us to end this agreement without such notice.
53.3.2. It is imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your Trailers are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using Equitow to spam others.
53.3.3. You have repeatedly broken this agreement.
53.4. If we are suspending or restricting an individual listing or ending this agreement, we will normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you have broken. If we are acting in response to a notification from someone else, we will also share the contents of that notification with you. However, we will not give you such a statement if:
53.4.1. We are subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
53.4.2. We are ending this agreement because you have repeatedly broken it.
53.4.3. We will send our statement to you via email or another durable medium. Where we are suspending or restricting an individual listing, we will send the statement before or at the time of the suspension or restriction. If we are ending this agreement, we will send the statement at the same time that we give notice that we are ending this agreement.
53.5. If we restrict access to any content you generate or upload to or share on our service or suspend or ban you from using our service in a way that breaches this agreement, you have a right to bring a claim against us for breach of contract.
54. HOW TO CLAIM IF YOU ARE NOT HAPPY WITH OUR SERVICES OR ANY DECISIONS WE HAVE TAKEN
54.1. If you want to complain about our services or the way we have treated you, including because you disagree with us refunding or compensating a User, restricting or suspending a listing for your Trailers or ending this agreement, please contact us using the Owner interface complaint function [www.equitow.co.uk] or via info@equitow.co.uk.
54.2. You and we agree to try our best to resolve all complaints amicably and informally. If we cannot resolve your complaint in this way within 14 days, either of us can request mediation. In addition, we are both able to bring legal action at any time.
55. YOU OR WE CAN REQUEST MEDITATION OF DISPUTES
55.1. Either you or we can request that any dispute between us be referred to one of our preferred independent mediators, which are freemediations.org. Any such requests should be submitted through the Owner interface [www.equitow.co.uk] or by email to info@equitow.co.uk. Both you and we must act in good faith when considering any requests for mediation and engaging in any mediation.
55.2. We may refuse mediation of a dispute which has previously been mediated if the mediator determined you were not acting in good faith in that mediation. We may also refuse mediation of any dispute connected to other disputes in which a mediator has repeatedly found in our favour.
55.3. We will bear a reasonable proportion of the total costs of any mediation, taking into account all relevant elements of the dispute, as determined by the mediator.
56. HOW YOU CAN END THIS AGREEMENT
56.1. You can end this agreement if you decide to stop using Equitow at any time and for any reason or none, including because you are not happy with changes we are making to these terms. In these situations, you must give us notice that you are ending this agreement, using the Owner interface.
56.2. Your termination notice will become effective when you have informed us, using the Owner interface, that you no longer wish to use Equitow, and you have removed your Trailer listings. However, you must still comply with clause 57.
57. YOUR OBLIGATION AFTER THIS AGREEMENT ENDS
After this agreement ends (for whatever reason) you must (unless we tell you otherwise):
57.1. If you have active bookings for your Trailer(s) on Equitow, you must honour those bookings (although this will not prevent you from ending this agreement after completing your commitment to the User(s));
57.2. Immediately remove any listings for your Trailers from Equitow;
57.3. Leave your User facing Owner profile (excluding listings for your Trailers) live until 60 days after your fulfilment of the last booking you received through Equitow, to allow Users to contact you about bookings previously submitted. Once this period has expired you must remove your Owner profile; and
57.4. Continue to comply with these terms insofar as they relate to User bookings received through Equitow before removal of your Trailer listings. You need only comply with the version of these terms which applied when this agreement ended.
58. OUR OBLIGATIONS AFTER THIS AGREEMENT ENDS
After this agreement ends (for whatever reason) we:
58.1. May remove all listings for your Trailers from Equitow, if you have not already done so, and reject any booking received after this agreement ends;
58.2. May remove your User facing Owner profile from Equitow, if you have not already done so, except that we can keep it live until 60 days after your fulfilment of the last booking you received through Equitow, to allow Users to contact you about bookings previously submitted;
58.3. Will continue to comply with these terms insofar as they relate to User bookings received through Equitow before removal of your Trailer listings, including by paying sums due to you for such bookings. We will comply with the version of these terms which applied when this agreement ended;
58.4. Will give you access to data (including personal data) generated by your use of Equitow to the extent and for the period set out in our Privacy Policy [https://www.equitow.co.uk/privacypolicy].
59. LIMITATIONS ON LIABILITY AND PLATFORM AVAILABILITY
59.1. Meaning of liability in these terms
When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
1. Liabilities neither you nor we limit or exclude
Nothing in these terms limits any liability (whether yours or ours) which cannot legally be limited, including but not limited to liability for:
59.1.1. Death or personal injury caused by negligence, to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
59.1.2. Fraud or fraudulent misrepresentation;
59.1.3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
59.1.4. The limitations and exclusions set out in this agreement do not apply in respect of:
59.1.5. Any liability arising from your or our deliberate default;
59.1.6. Your liabilities to us under clause 60 (Claims and actions against us in connection with you or your Trailers);
59.1.7. Our and your payment obligations under this agreement.
59.2. Types of loss you and we exclude liability for
Except in respect of Liabilities neither you nor we limit or exclude, we will not be liable to you and you will not be liable to us for:
59.2.1. Loss of profits;
59.2.2. Loss of sales or business;
59.2.3. Loss of agreements or contracts;
59.2.4. Loss of anticipated savings;
59.2.5. Any indirect or consequential loss.
59.3. Caps on your and our liability to each other
Except in respect of Liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you and your total liability to us is capped as follows:
59.3.1. For loss arising from the other's failure to comply with the data protection provisions set out in clause 14 (Compliance with the law and our mandatory policies)), the cap is the amount paid for the relevant booking;
59.3.2. For all other loss or damage the cap is £1;
59.3.3. Payment of uncapped liabilities shall not reduce these caps.
59.4. Deadline for us to make claims against each other
Unless either of us notifies the other that they intend to make a claim in respect of an event within the notice period, the other shall have no liability for that event. The notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of the event having occurred and expires 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
60. CLAIMS AND ACTINS AGAINST IS IN CONNECTION WITH YOU OR YOUR TRAILERS
60.1. Dealing with claims against us
We will pass on to you any complaints we receive about you. However, if anyone, including (but not limited to) a User, any regulator, HMRC, or any third party makes a claim or takes any kind of action against us (a third party claim), in connection with:
60.1.1. Death or injury of User or horse or any other member of the public caused by your act or omission;
60.1.2. Your Trailers, their roadworthiness, defects, legal and regulatory compliance of any sort and booking them through Equitow;
60.1.3. Content you have uploaded to or otherwise distributed through our systems, including but not limited to your Owner profile, your Trailer listings, your communications with Users, advertising, and any omissions or inaccuracies in such content;
60.1.4. Things we have or have not done in reliance on information you have provided (or omitted to provide) to us, including our exercise of rights you have granted to us;
60.1.5. Things you have or have not done including but not limited to any breach of these terms and our policies,
then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.
60.2. Compensation for claims against us
You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (associated liabilities) we incur arising out of or in connection with any third party claim.
61. TRAILER INSURANCE
61.1. You are liable to Users for the Trailer and any malfunction of any of your Trailers and any loss or damage caused by your acts or omissions in relation to the use of your Trailer. We will provide you with information we hold about Users and your Trailers booked by them as reasonably necessary to assist you with your obligations.
61.2. You must maintain Trailer insurance and public liability insurance covering your Trailers, and any liabilities that may arise in connection with this agreement for as long as they are listed on Equitow and for two years after they are no longer listed with us. Such insurance must be comprehensive, be with a reputable insurer and the cover should be sufficient under all the circumstances. You must provide a copy of the insurance certificate and proof of payment of the current premium to us during your application process and when we ask for it.
61.3. Your insurances must cover compensation to us, Users and third parties for any claim reasonably foreseeable in connection with this agreement and as set out in this agreement.
61.4. You must give us evidence that you have promptly complied with your legal and insurance obligations before your application can be accepted to register as an Owner on Equitow. If you do not do this within a reasonable time, we will be unable to accept your application. You must always have up to date insurance and regulatory documentation uploaded on Equitow and we will suspend or remove your account if you do not.
62. WE CAN NOTIFY USERS AND OTHERS ABOUT UNSAFE TRAILERS
We may suspend or restrict listings for unsafe Trailers and notify the Users and the public of what we have done and why, by whatever means we consider appropriate. We may also include safety warnings about Trailers as part of your Trailer listings. We may use information from User complaints about your Trailers and User reviews when assessing the safety of your Trailers, require further information from you about the issues reported and share such information with regulatory and other governmental authorities.
PART D: TERMS AND CONDITIONS FOR USERS
63. THESE TERMS MAY CHANGE
These terms may change from time to time. When they do, we will let you know via a notification on our portal and provide a summary of changes.
63.1. Where to find information about us and our services
You can find everything you need to know about us, Equitow Ltd, and our services on our website, before you register to book a Trailer from an Owner. We also confirm the key information to you in writing before you book (on our User interface) and after you book, by email. A summary will also be available in your online account.
64. IMPORTANT THINGS TO NOTE FROM THE OUTSET - CONTRACTS AND INSURANCE
64.1. When you hire Trailers via Equitow from us you are agreeing that we are not the Owners and you are contracting directly with the Owners.
64.2. We will act as your agent in terms of holding payments on your behalf and releasing the amount due to Owners when the booking is complete, i.e. the Trailer has been used and returned to the Owner. This means that we charge you when you request a Trailer booking from an Owner, but we pay the Owner once you have returned the Trailer.
64.3. Each Trailer booking is an additional, separate contract between you and the relevant User and there is no ongoing contract between you and the Owner. However, in order to make bookings on our website, you must comply with the terms of our agreement (Parts A, B and D) between you and us, which is ongoing for as long as you use Equitow.
64.4. You can remove your profile from Equitow at any time as long as you have paid for all your bookings, returned any Trailers and paid out any claims. The relevant claims process is to be determined by your and the Owner’s insurance providers.
64.5. You must return the Trailer in the same condition as when you accepted delivery or collected it. You will be liable for any loss or damage to the Trailer howsoever caused while it is in your custody.
64.6. Each time you hire a Trailer from and Owner, you must prove you have comprehensive insurance to cover the Trailer and any third parties affected by a mishap with the Trailer that results from your act(s) or omission(s) or while it is in your custody and not due to the Owner’s act(s) or omission(s).
64.7. You must comply with all requirements with regard to using a Trailer and transporting a horse. Guidance is available here:
https://www.gov.uk/towing-with-car/trailer-and-towing-equipment
https://www.gov.uk/guidance/transporting-animals-in-great-britain#:~:text=navigation%20system-,Transporter%20authorisation,for%20journeys%20over%208%20hours
https://www.bhs.org.uk/
65. THE BOOKING PROCESS
65.1. We only accept bookings once we have checked them
Bookings are subject to the Owner’s charges and our Commission that we must receive before we process your booking request. We contact you to confirm when we have received your booking and then we contact you again (normally within 48 hours) to confirm whether the Owner has accepted it.
65.2. SOMETIMES WE REJECT BOOKINGS
Sometimes we reject bookings, for example, because a credit reference we have obtained is unsatisfactory, because we cannot verify your age or permission to drive a Trailer (you must have a valid UK driving licence and any required certifications), because you are located outside Great Britain or because the service was mispriced by us, or for another good reason. When this happens, we will let you know as soon as possible and refund any sums you have paid.
65.3. WE CHARGE INTEREST ON LATE PAYMENTS
If we are unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
65.4. WE PASS ON INCREASES IN VAT
If the rate of VAT changes between your booking date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
65.5. We are not responsible for delays outside our control
If your booking is delayed by an event outside our or the Owner’s control, such as adverse weather or damage to the Trailer, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our User Service Team: [https://www.equitow.co.uk/contact-us] to cancel the booking and receive a refund for any booking you have paid for in advance, but not received.
66. YOUR FURTHER RESPONSIBILITIES
66.1. You are responsible for making sure the Trailer is the right size for your requirements.
66.2. You cannot cancel a booking for delivery of a Trailer or for Trailer rental for a specific date or period, under applicable consumer laws. However, out of goodwill, Equitow and the Owners are offering the following refund policy:
Your legal rights: No right to change your mind or get a refund if you want to cancel your vehicle transport and / or vehicle hire booking
How our goodwill guarantee is more generous :
Cancellation by a User 14 or more days before the booking start date: 100% refund of the Use charge (Equitow’s Commission is non-refundable).
Cancellation by a User 7 or more days before the booking start date: 50% refund of the Use charge (Equitow’s Commission is non-refundable).
Cancellation by a User less than 7 days before the Use start date: no refund of the Use charge and Equitow’s Commission is non-refundable.
67. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR SERVICE
67.1. If you think there is something wrong with your service, you must contact our User Service Team: [https://www.equitow.co.uk/contact-us]. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.] Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
The Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
If a price has not been agreed upfront, what you are asked to pay must be reasonable.
If a time has not been agreed upfront, it must be carried out within a reasonable time.
68. WE CAN CHANGE SERVICES AND THESE TERMS
68.1. Changes we can always make. We can always change a service:
68.1.1. to reflect changes in relevant laws and regulatory requirements; and
68.1.2. to make minor technical adjustments and improvements, for example to address a security threat. These are changes that do not affect your use of the service.
68.2. Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the service or these terms, but if we do so we will notify you and you can then contact our User Service Team: [https://www.equitow.co.uk/contact-us]to end the contract before the change takes effect and receive a refund for any services you've paid for in advance, but not received.
68.3. [OUTLINE OF ANTICIPATED CHANGES].
69. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
69.1. We can suspend the supply of a service. We do this to:
69.1.1. deal with technical problems or make minor technical changes;
69.1.2. update the service to reflect changes in relevant laws and regulatory requirements; or
69.1.3. make changes to the service (see We can change services and these terms).
69.2. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we are suspending the website, unless the problem is urgent or an emergency. If we suspend the website or tell you we are going to suspend the website for more than [14] you can contact our User Service Team: [https://www.equitow.co.uk/contact-us] to end the contract and we will refund any sums you have paid in advance for services you will not receive.
69.3. We can withdraw services. We can stop providing a service. We let you know at least [6 months] in advance and we refund any sums you have paid in advance for services which will not be provided.
69.4. We can end our contract with you. We can end our contract with you and claim any compensation due to us if you do not, within a reasonable time of our asking for it, provide us with information, cooperation or access that we need in order to provide the service, or on any other reasonable grounds.
69.5. We do not compensate you for all losses caused by us or our services. We are not responsible for losses you suffer caused by us breaking this contract if the loss is:
69.5.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have expected it (so, in the law, the loss was unforeseeable).
69.5.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
69.5.3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
69.6. Our website is not intended for use for your trade, business, craft or profession. To the extent that you use a Trailer for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the Trailer and all claims for loss of profit or indirect or consequential loss are wholly excluded.
70. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
70.1. Our complaints policy. Our User Service Team: [https://www.equitow.co.uk/contact-us] will do their best to resolve any problems you have with us or our services. You can also email us at info@equitow.co.uk.
70.2. Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to which are freemediations.org. through their website which does not charge you for making a complaint. If you are not satisfied with the outcome you can still go to court.
70.3. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
71. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
71.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our User Service Team: [https://www.equitow.co.uk/contact-us] to end the contract within [30 days] of us telling you about it and we will refund you any payments you have made in advance for services not provided.
71.2. You cannot transfer your contract with us to someone else.
71.3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
71.4. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.