Terms & Conditions of Use

Kit Bag Terms of Use

Quick Summary

Updated: 4/11/19

Please take the time to read the Terms in full as you will need to agree to the Terms before making an order with us. We have made this little summary to highlight the key features:

KitBag reserves the right to perform any identity checks necessary to prove an order is genuine
KitBag reserves the right to refuse an order at any time
Any information we gather about you will be treated with the strictest of confidence and only shared with agencies such as the Police if there is a breach of these terms (eg. non return of Kit)
From the moment the Kit is delivered to the moment it is returned to DPD you (the Hirer) are completely responsible for the safety of the Kit
All damage or loss by whatever means will be the responsibility of the Hirer and will need to be paid for in full
You will need valid insurance which includes consequential loss of hire for the whole period of the hire (starts a day before and ends a day after the dates you book). This can be your own existing insurance or a policy from our insurance partner.
Cancellations made within a week of the hire will incur a cost, the costs are laid out in our FAQ and in the Terms
The Hirer is responsible for ensuring they accept the delivery at the agreed time and that they make arrange return as agreed

The Terms

By making a purchase through the KitBag website you agree to enter freely into a contact with KitBag according to the following terms of use.

These terms apply according to English Law.

New Hirers – Individuals

New Hirers will be subject to a thorough identification check. Identity checks are carried out through Mati and requires you to submit your details online directly to Mati. You are required to submit your Passport or Driving License and Proof of Address, and your likeness will be biometrical matched to your ID. The address on these documents must match the delivery address you are using. These checks will generally provide an instant outcome.

We reserve the right to perform additional checks to verify that it is a genuine hire. This may include, but is not limited to, asking about the purpose of your hire to ensure no unacceptable risks are taken with the equipment or to seek a customer reference. Hirers have the right to refuse identity checks but this may affect our decision to proceed with the hire.

We reserve the right to refuse an order at any time if any of these checks are not satisfactory. If you make an order and we are subsequently unable to contact you to perform any necessary checks, we reserve the right to cancel your order and cancellation fees may apply in accordance with our cancellation policy.

Keep us updated with any change of details such as change of name or address, you may need to repeat the identity checks in this case.

All information we hold will be treated in the strictest of confidence. We feel very strongly about your privacy and will always treat your data with the utmost care and in accordance with current data protection guidance. We will only share any data as necessary to perform the agreed identity checks. We do reserve the right to use the Hirer’s information if there is any perceived breach of these terms and conditions (eg. failure to return the equipment) resulting in an investigation. This will include sharing information with the police, our insurers, and industry groups set up to prevent fraudulent hire.

New Customers – Businesses

Businesses can enquire about the setting up of a Business Account (do this through email or web message). These are created at the discretion of KitBag and we reserve the right to ask smaller or start-up companies to go through the standard individual sign up process as described above. In this case an individual from the company will need to sign up as a Hirer and will then be liable for the Hire as an individual although they can pay using a business card or account.

Business accounts which have been set up through KitBag will not be subject to the same personal identity checks as described above however, we reserve the right to make any other checks we deem necessary to ensure that hires are genuine. In this instance an agreement will be made between KitBag and the company in question, details of this agreement are available on enquiry.

The “Kit”

All equipment and accessories which form the Kit which may be hired will remain the absolute property of KitBag, and the Hirer has no right, title or interest in the Kit, except that it is hired to them for the agreed Hire Period. The Hirer must accept full responsibility for the safe keeping of the Kit for the entirety of the Hire Period and it must be returned to KitBag in the condition it was received. The Hirer must take all practicable measures to ensure the Kit is safe from damage, theft or other risks and should not allow the Kit to be used in any hazardous circumstances except with the prior written agreement of KitBag.

All Kit is checked and photographed prior to dispatch. It is the responsibility of the Hirer to check Kit on receipt and ensure it is in good working order and undamaged. KitBag must be notified before 5pm on the day of delivery of any issues. If we are not made aware by this time, the Hirer will be held liable for any defects or deficiencies that are noted on return of the Kit.

KitBag is available to provide technical assistance and provides extensive signposting to sources of support including all users manuals for Kit supplied on its website. KitBag is not responsible for the quality of any footage or output created by the Kit. It is also not responsible for any damage caused to the Kit due to lack of knowledge or information about the correct use of the Kit. It is the Hirer’s responsibility to ensure they are familiar enough with the Kit to use it without causing damage and they are also responsible for any content they create.

The Hirer must not transfer, assign or otherwise part with possession of any hired Kit unless this has been agreed in writing with KitBag beforehand. KitBag reserves he right to inspect the Kit at any point during the Hire Period and the Hirer must take all reasonable actions to facilitate this if required. If requested the Hirer will need to provide details of the current location of the Kit.

Kit must not be taken outside of the UK unless the Hirers Insurance covers them for this. It is the responsibility of the Hirer to confirm the coverage of their insurance policy.

Delivery and Return

The Hirer shall accept delivery on the date agreed (the first day of the Hire Period) and at the time offered by the carrier. Where the Hirer is not available at the time of attempted delivery it cannot be guaranteed that the carrier will be able to reattempt delivery that day. Please contact the carrier immediately if there is any issue and we will work with you to make every attempt to ensure the Kit reaches you. If the Hirer does not accept delivery as agreed then the Hirer will remain liable for the whole cost of the hire as per the initial agreement. Any additional postage costs incurred as a result of a missed delivery shall be met by the Hirer. It is the responsibility of the Hirer to ensure that they themselves are available to accept delivery, where another person accepts delivery, with or without the written permission of the Hirer then the Kit remains the responsibility of the Hirer.

The Hirer shall return Kit on the date agreed (the final day of the Hire Period) either by dropping it to a DPD drop off point before 11am or by arranging a collection with DPD at an arranged time. Please contact DPD immediately if there is any issue and we will work with you to make every attempt to return the Kit. If the Hirer does not complete the return as agreed you will be charged at the full day rental cost of any Kit for every day until the Kit is returned. The Hirer may also be liable for additional associated costs including but not limited to consequential loss of hire or additional postage costs. The Hirer must have insurance to cover these costs.

Any of these additional charges will be due immediately and KitBag reserves the right to pursue the Hirer if payment is not received in full. Non or partial payment will be deemed as a breach of these terms.

If any failure on the part of the carrier company occurs then KitBag will do everything possible to get Kit to the Hirer in time for the agreed Chargeable Period. Any additional costs resulting from a failure with the carrier will be met by KitBag. The Hirer must contact KitBag immediately if there is any issue with the delivery or return. KitBag cannot be held liable for any costs such as loss of business or contracts resulting from a failure of the delivery company.

Cancellation and Refunds

If the Hirer needs to cancel or curtail an order KitBag will require you to notify us 7 days in advance. For cancellation this is 7 days before the first day of the Hire Period (the day the Kit will be delivered). If cancellation happens after this date then charges will apply as shown below. Please contact KitBag as soon as possible to cancel orders as we will always do our best to help you rearrange or put the booking on hold and let you select new dates later on where we can.

In the case of the customer wishing to curtail (end early) the hire then they will be charged in line with the cancellation policy (ie. 100% for the first 48 hours, 50% for the rest of the first week with a full refund for any remaining part of the hire). Cancellations or curtailments must be made in writing either by email or through the online chat service.

Where a refund is due this will be processed according to your payment method and will always strive to issue refunds within 24 hours of a request.

Paid with Stripe: If you have paid with Stripe you will have paid the full cost of the hire on booking. In this case you will be issued any refund due through Stripe and this will be credited directly back to the card you have paid with.

Paid with Klarna: If you have paid with Klarna and require to cancel your order your refund will submitted but held in an account with Klarna which you can use at all supported outlets by them.

Example hire & the way that charges for cancellation might apply

1st May	Last day to cancel without charges
2nd	50% of total hire cost if Hirer cancels on this date or after
3rd
4th
5th
6th
7th	100% of total hire cost due if Hirer cancels on or after this date
8th	Kit is shipped to you by KitBag
9th		Hire Period You receive the Kit of the first day before Noon and return it on the last day before Noon. These shipping days are not charged. The Hirer is responsible for the Kit and having it insured from the moment of receipt of the Kit to the moment of return to the carrier.
10th	Chargeable Period These are the dates you book the Kit for. You will have access to the Kit for the full 24 hours of each of these days. These are the dates for which you will be charged.
11th
12th
13th
14th
15th	Kit arrives back with KitBag & is checked. We will inform you ASAP of any issues. Legal agreement between KitBag and the Hirer ends once the Kit is checked in and found to be without damage and in good working order.

Damage / Loss / Theft / Non Return of Kit

Where the Kit is returned and it is damaged then the Hire agreement will continue until repair or replacement. The Hirer will be liable for any repair or replacement costs occurring due to damage caused during the Hire Period, they may also be liable for costs incurred as part of consequential loss of hire.

Where the Kit is lost, stolen, or not returned then the Hire agreement will continue until replacement of the Kit. The Hirer will be liable for any repair or replacement costs occurring due to loss / damage / theft / non returns occurring during the Hire Period, they may also be liable for additional costs incurred including, but not limited to, consequential loss of hire.

In the case of theft the Hirer shall contact police and report the theft as soon as practicable. In the case of loss / damage / theft the Hirer shall contact KitBag and the Hirer’s insurer as soon as practicable.

Any additional charges or costs will be due immediately and KitBag reserves the right to pursue the Hirer if payment is not received in full. Non or partial payment will be deemed as a breach of these terms & conditions.

Non Payment by the Hirer

KitBag reserves the right to pursue the customer for any amount due or any charges incurred as per these terms and conditions. This includes but is not limited to: involving the Police; the use of recovery agents and in doing so the seizure of assets owned by the Hirer to the value of any outstanding debt; and contacting the Hirer’s or KitBags insurance company.

Insurance

The Hirer must be in possession of valid insurance covering the full Hire Period. This insurance must cover for all loss or damage to the Kit including but not limited to; full replacement of the Kit, the full cost of repair and consequential loss of hire. A full breakdown of these costs can be provided on request. KitBag’s interest must be protected by the Hirer’s insurance on terms that are no less favourable than those provided by KitBag’s insurance (a copy of which is available on request). Proof of this insurance will be require prior to Hire, copies of your policies can be uploaded via the website or emailed to us. The Hirer should comply with all terms of their insurance and not do anything that would invalidate it or jeopardise a claim.

Pricing

Up to date pricing can be seen on the website. Any prices in online or print advertising are a guide price and can be confirmed by checking on the website. KitBag reserves the right to change the pricing at any time. Prices are shown in UK pounds and are inclusive of VAT.

Company Liabilities & Cancellations

We know the reliability is key, and KitBag will do their upmost to ensure the smooth running of all Hires. On occasions where, for reasons outside KitBag’s control, this is not possible. We shall inform the Hirer as soon as practicable. We will aim to provide a suitable replacement or alternative wherever possible. Alternatively the Hirer can choose to cancel all or part of the order in exchange for a full or partial refund, or to reschedule the order at no additional cost. Where this causes additional postage costs this will be met by KitBag. In this event no cancellation charges will be due from the Hirer and a full refund will be arranged.

Please note that KitBag is not be liable for any loss, damage, loss of profits or of contracts or any other consequential loss suffered by the Hirer or any third party as a result of a failure by any third party working on behalf of KitBag or any employee or staff member working for KitBag. This is with the exception of any guarantees made within these terms or any statutory responsibilities required of KitBag by English Law. KitBag possesses all necessary insurances to protect themselves, Hirers and third parties in any case where this may be required.

KitBag is not be liable for any delay or other breach of its commitments resulting from wars, strikes, lock-out restrictions, non-availability of goods/materials/labour, acts of god or any other cause beyond it’s control.

General

These terms are between the Hirer and KitBag and the liability of the Directors of KitBag for the activity of KitBag is limited in accordance with UK Law.

Any agreement made between the Hirer and KitBag is subject to these terms & conditions and not any terms provided by the Hirer unless with written agreement of one of the Directors.

Definitions

“Hirer” this refers to the person who enters into a hire agreement with “KitBag” by making a purchase through the website.

“KitBag” or “We” this refers to the hire company KitBag Hire Limited. Our registered office is 10 English Business Park, English Close, Hove, East Sussex, England, BN3 7ET. Our Company Number is 07460759.

“Chargeable Period” this refers to the shoot dates booked through the website, each of these days the “Hirer” will have full access to the “Kit” for the full 24 hour period. This is the time for which the “Hirer” is charged.

“Hire Period” this refers to the whole period of the hire which extends 1 day before the “Chargeable Period” when the “Kit” will be delivered to the “Hirer” before noon, and 1 day after the “Chargeable Period” during which the “Hirer” is required to return the “Kit” to “KitBag”

“Kit” refers to any piece of equipment, peripherals and accessories, including all packaging and PeliCases. Anything that arrives in the delivery forms part of the “Kit”.

“Hire Charges” the amount agreed at the point of sale and confirmed to you in email constitutes the Hire Charges.

I think these two should probably be their own documents? With links to them when you are asking for them. Eg. at checkout they need to confirm they agree to the above terms and to the privacy policy. When they accept cookies they could have a link to the privacy and consent policy? When they accept marketing emails they accept the consent policy?

Privacy Policy

We collect data to allow us to complete services as you request and this is done in accordance with English and EU Law, data will be stored safely and you can ask us to amend or remove your information at any time. By entering your data into the website you are going us consent to use that data to fulfil the order, but you can change your mind and withdraw your consent at anytime via email or the website. We may contact you via any of the methods you have given us for the purposes of fulfilling the order (non-marketing purposes) and we may share this with third-parties in order to fulfil the order for non-marketing purposes (eg. details shared with the delivery company to allow delivery of the Kit).

We are permitted to keep basic data about order we have fulfilled for the purposes of accounting for a number of years in line with current regulations. We may anonymise data and keep it indefinitely for the purposes of reflecting on or examining business statistics.

You will share data with our partner organisations, for example Mati, the delivery company or insurance company. These companies all have their own privacy policy which you can see on their website. Any information you give to them is not shared or stored with us directly other than as necessary to facilitate the hire. For example, we will not have access to the documents you share with Mati but we will receive a report about the outcome of the identity check. Where we require further information to perform additional identity checks we will keep you fully informed. You have the right to refuse any identity checks but this may affect our ability to hire to you.

The website collects data about users in the form of cookies and also anonymised statistics about website use. Cookies allows things such as remembering items you have in your basket. You can withdraw your consent at anytime for the use of cookies by emailing or messaging us.

We do reserve the right to share the details of Hirers who are in breach of these terms in order to pursue them for outstanding costs, this would include but is not limited to the Police, our Insurers, the Hirer’s insurers, and industry platforms for fraud prevention. In this instance we may also request your details from our partner agencies in order to assist us in recovering monies owed. We will make every effort to keep you informed in this case. If you have any queries about the way we handle your information please get in touch via email or our website.

You have the right to complain about our handling of your data at any time directly to us or to the Information Commissioners Office.

Statement of Consent

By giving your consent you agree that KitBag can contact you via email for the purposes of marketing. You understand that you can withdraw this consent at any time by emailing KitBag. We will keep your name, company and email address for up to 5 years or when you withdraw your consent. If you have any questions or queries about this please contact KitBag via email or the website.