TERMS and CONDITIONS OF AGREEMENT – CARAVAN/VEHICLE STORAGE
@ SELF STORAGE WORCESTER

1.1 This Agreement shall not confer to the Licensee any right to exclusive possession of the land (or surrounding Property).
1.2 Clause and paragraph headings shall not affect the interpretation of this licence.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A reference to laws in general is a reference to all local, national, and directly applicable supra-national laws as amended, extended, or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
1.7 Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.8 A reference to writing or written includes e-mail.
1.9 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.10 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.
1.11 A working day is any day which is not a Saturday, a Sunday, a bank holiday, or a public holiday in England.
1.12 A pitch is the area allocated by the Licensor in which the caravan/vehicle is to be stored.
1.13 A site is any area accessible including the storage yard, land, driveways, or carparks.

2. Licence to Store
2.1 Subject to clause 3 and clause 5, the Licensor permits the Licensee to occupy the pitch for the sole purpose of storage for the Licence Period in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the pitch for the Permitted Use).
2.2 The Licensor permits the Licensee the following rights:
(a) The right to use the pitch for storage purposes only; and
(b) The right over such parts of the land for the purpose of access to and egress from the pitch as shall from time to time be designated by the Licensor for such purpose.
2.3 The Licensee acknowledges that:
(a) The Licensee shall occupy the pitch as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence.
(b) The Licensor retains control, possession and management of the pitch and the Licensee has no right to exclude the Licensor from the area.
(c) The licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause 2 may only be exercised by the Licensee; and
(d) Without prejudice to its rights under clause 5, the Licensor shall be entitled at any time on giving not less than 72 hours’ notice to require the Licensee to transfer to an alternative pitch elsewhere within the site and the Licensee shall comply with such requirement.
(e) In the event of a hazard or emergency, such as fire, high winds, flooding or water logging, staff may need to move, or arrange for the caravan/vehicle to be moved immediately to another area within our site. In such circumstances, we will give you as much notice as possible.
(f) The caravan/vehicle is to be parked in the allocated pitch only.
(g) The pitch must be occupied by the caravan/vehicle itself only and no property is to be left outside of the caravan/vehicle.
(h) Caravans/vehicles must NOT be inhabited during the storage period.
(i) Caravans/vehicles should be kept clean, mechanically sound, and in good condition when being stored.
(j) Where it may appear that a caravan/vehicle has been brought on our site to be abandoned, the Licenser reserves the right to arrange disposal of the caravan/vehicle and any costs incurred, will be recovered from the person who brought the vehicle into the site.
(k) The Licensor reserves the right to increase monthly rental and shall give one month’s notice for any rental increase.
(l) The Licensor may refuse access to the pitch where monies are owing by the licensee to the Licensor, whether or not a formal demand for payment of such monies has been made.
(m) In the event of an overdue monthly payment, the Licensor may retain possession of the caravan/motorhome until the arrears are settled or otherwise discharged.
(n) In the event of an overdue payment of 2 months or more the Licensor reserves the right to sell any caravan/vehicle, without obligation to obtain the best price and after deduction of the cost of such a sale retain the residue of the proceeds in payment of all charges due to Self-Storage Worcester.
(o) The Licensor does NOT provide any cover or insurance for the caravan/vehicle located at the pitch.
(p) It is advised that both wheel clamps and hitch locks are fitted to caravans/vehicles while stored at the pitch.
(q) Storage pitches are NOT transferable to third parties.
(r) No major repairs are to be carried out on the site; however, we accept that minor repairs may be necessary with the permission of the Licenser.
(s) No oral statements made by the Licenser, or its employees shall form part of this Agreement.

3. Licensee's obligations
The Licensee agrees and undertakes:
(a) To pay to the Licensor the Licence Fee payable without any deduction in advance on the first day of each month and proportionately for any period of less than a month the first such payment being for the period from and including the Licence Fee Commencement Date to the end of the month together with such VAT as may be chargeable on the Licence Fee.
(b) To ensure that all caravans/vehicles stored at the site are fully insured by the owner/licensee and to provide the Licensor with up-to-date insurance documentation for the caravan/vehicle being stored.
(c) To provide the Licensor with up-to-date personal information including home address, email address and telephone numbers.
(d) To provide the Licensor with up-to-date car, caravan/vehicle information including make, model and registration numbers.
(e) To ensure all water/sewage is emptied from caravan/vehicle before arriving on site to store.
(f) To remove gas cylinders and isolate electricity supplies before storing.
(g) To not store combustible fuel in the caravan/vehicle on the pitch or site whatsoever.
(h) To not use the pitch other than for the permitted use.
(i) To not make any alteration or addition whatsoever to the pitch, site, or storage yard.
(j) To not cause or permit to be caused any damage to the pitch, the site, the land, or any neighbouring property; or to obstruct any part of the site or make it dirty or untidy or leave any rubbish on it.
(k) To not do or permit to be done on the site anything which is illegal, or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience, or disturbance to the Licensor or to tenants or occupiers of the site or other pitches or any owner or occupier of neighbouring property.
(l) To not advertise or sell caravans/vehicles directly from any part of the pitch or site whatsoever.
(m) To be responsible for reporting any incidents including damage to a third party’s vehicle or property to the Licensor immediately.
(n) To not do anything that will or might constitute a breach of any Necessary Consents affecting the site or which will or might vitiate in whole or in part any insurance effected by the Licensor in respect of the site and the pitch from time to time; observe any reasonable rules and regulations the Licensor makes and notifies to the Licensee from time to time governing the Licensee's use of the pitch and land.
(o) To leave the site and pitch in a clean and tidy condition at the end of the licence period.
(p) To indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses, or other liability in any way arising from:
(i) This license.
(ii) Any breach of the Licensee's undertakings contained in clause 3; and/or
(iii) The exercise of any rights given in clause 2;
(q) To pay to the Licensor interest on the Licence Fee or other payments at the rate of three per cent per annum above the base rate of National Westminster Bank calculated daily, from the due date until payment if the Licensee shall fail to pay the Licence Fee or any other payments due under this licence within 14 days of the due date (whether formally demanded or not).
(r) Access to the storage compound is during opening hours: 7am to 7pm Monday to Saturday, 8am-6pm on Sundays. If you wish to access outside of these hours, please contact the Licensor via telephone.
(s) All caravans/vehicles are left/stored at their owner’s risk. The Licensor is not responsible or liable for any damage.
(t) The Licensor reserves the right to ask the licensee to remove their caravan/vehicle from the site if they do not abide by these terms and conditions.

4. Inspection and Entry by the Licensor
a) In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Licensor, threatened, the Licensor may enter the pitch without the written consent of the Licensee. The Licensee consent to such entry.

5. Termination
5.1 This licence shall end on the earliest of:
(a) the end of the licence period; and
(b) the expiry of any notice given by the Licensor to the Licensee at any time on breach of any of the Licensee's obligations contained in clause 3; and.
(c) the expiry of not less than two weeks’ notice given by the Licensor to the Licensee or by the Licensee to the Licensor.
5.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
5.3 The Licensee on the earlier of:
(a) termination of this Licence; or
(b) notice to terminate; or
(c) failure to pay rent in accordance with clause 3 (l).
shall remove the caravan/vehicle within 72 hours. Any remaining possessions shall be deemed to be abandoned goods and the licensee forfeits any claim to such abandoned goods. Please note, additional charges incurred for removal and disposal of goods will be claimed. .
5.4 The Licensee’s liability for outstanding monies, property damage, personal injury, environmental damage, and legal responsibility under the Agreement continues to run beyond the termination of this Agreement.

6. Notices
6.1 Any notice given under this licence or in accordance with clause 5.1 will be deemed to have been received:
(a) if sent by email to office@selfstorageworcester.co.uk, at such time and day the email was sent.
(b) if sent by first-class post or other next working day delivery service, at 9.00 am on the second working day after posting. If posting your notice, please send to our head office (address available on request).
(c) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address.
6.2 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
7. Limitation of Licensor's liability
7.1 Subject to clause 7.2, the Licensor is not liable for:
(a) damage to any items of the Licensee stored at the pitch be it theft, damage to and deterioration of the Goods, damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of materials from any other unit, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts of omissions, negligent deliberate or otherwise of the licensor or persons under its control.; or
(b) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee in the exercise or purported exercise of the rights granted by clause 2.
7.2 Nothing in clause 7.1 shall limit or exclude the Licensor's liability for:
(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.

8. Third party rights
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.

9. Governing law
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10. Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims). This licence has been entered into on the date stated at the beginning of it.