Terms & Conditions

DERBYSHIRE 4x4 RESPONSE

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TERMS AND CONDITIONS FOR THE PROVISION OF VOLUNTEER LOGISTICAL SUPPORT SERVICES

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Version 1.2

 

1. DEFINITIONS

1.1 "D4x4R" means Derbyshire 4x4 Response, a registered charity and member group of 4x4 Response UK.

1.2 "Client" means any organisation, authority, business, event organiser, voluntary organisation or individual engaging D4x4R to provide Services.

1.3 "Deployment" means any agreed attendance by D4x4R personnel, vehicles and/or equipment.

1.4 "One Shift" means an agreed deployment period of up to twelve (12) consecutive hours undertaken by a responder, controller, vehicle or other resource.

1.6 Authorised Representative shall be appointed at the time of contracting and are authorized to request, approve or amend services. D4x4 shall be informed in writing by email of any subsequent changes of Authorised Representative.

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2. SERVICES PROVIDED

2.1 D4x4R provides volunteer-based logistical, transport and operational support services.

2.2 Services may include, but are not limited to:

• Vehicle recovery assistance

• Event support

• Transportation of personnel, equipment or supplies

• Adverse weather support

• Welfare checks

• Access to remote or difficult-to-reach locations

• Traffic management support

• Marshalling support

• Emergency response support

• Other agreed logistical services

2.3 D4x4R via the D4x4R Representative reserves the right to refuse, suspend or withdraw from any task considered unsafe, unlawful, beyond its capabilities, beyond the competence of available personnel, or outside agreed operating procedures.

 

3. VOLUNTEER STATUS

3.1 D4x4R responders and controllers are volunteers and are not employees, agents or subcontractors of the Client.

3.2 Whilst every reasonable effort will be made to provide the agreed number of personnel, vehicles and equipment, D4x4R cannot guarantee volunteer availability, particularly where the Client has not pre-booked the Deployment at least twenty-eight (28) days in advance.

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4. CLIENT RESPONSIBILITIES

The Client shall:

4.1 Provide D4x4R with accurate and complete information regarding the Services required.

4.2 Ensure suitable access to all locations where Services are to be provided.

4.3 Identify and communicate any known hazards, risks, restrictions or site-specific safety concerns.
Such information to be provided as soon as possible but in any event not less than 7 days before any Deployment, unless agreed in writing by D4x4

4.4 Provide appropriate site inductions, briefings and safety information where required.

4.5 In advance of any Deployment by D4x4 ensure that all licences, permits, permissions and statutory approvals required for the event or activity are obtained and maintained. Copies are to be provided upon reasonable request by D4x4

4.6 Maintain suitable public liability insurance and any other insurance required for the event or activity.

4.7 The Client shall cooperate fully with D4x4R and provide any information reasonably required to enable Services to be delivered safely and effectively.
 

5. HEALTH AND SAFETY

5.1 D4x4R personnel shall comply with relevant health and safety legislation applicable to their activities.

5.2 D4x4R reserves the right to suspend, modify or cease operations where conditions are considered unsafe by D4x4R.

5.3  The Client shall use best endeavors to ensure that its employees, contractors and representatives comply with all reasonable instructions given by D4x4 personnel

5.4 D4x4R personnel shall have absolute authority regarding the safe conduct of recovery, vehicle movement and off-road operations.

5.5 Refusal by the client to comply with safety instructions may result in Services being withdrawn immediately.

6. VOLUNTEER WELFARE
6.1 Provide reasonable welfare facilities for D4x4R personnel, including access to drinking water and toilets and access to onsite vendors, for multi-day Deployments, access to staff / volunteer
6.2 Where acceptable welfare facilities are not available, the Client shall provide a suitable location for a D4x4R welfare vehicle or trailer. The provision of a dedicated welfare vehicle or trailer may incur additional charges at the prevailing deployment rate.

 

7. VEHICLE RECOVERY OPERATIONS

7.1 Vehicle owners remain responsible for their vehicle at all times.

7.2 Recovery assistance is undertaken entirely at the vehicle owner's risk except where loss or damage results directly from the negligence of D4x4R personnel.

7.3 D4x4R accepts no liability for:

• Pre-existing vehicle defects

• Mechanical failures

• Hidden or latent damage

• Consequential losses

• Loss of earnings

• Loss of use of a vehicle

• Business interruption

• Damage arising from conditions existing before recovery commenced

7.4 D4x4R shall only be liable for loss or damage directly caused by its negligence.

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8. BOOKINGS

8.1 All bookings shall follow the booking procedure: Client emails or calls, D4x4R collect details of event requirements and client full contact details including accounting address and their authorised person - client will be setup on Zoho quoting system and Sarcad Clients. Once costings are confirmed an official quote will be sent including T&Cs. The client then accepts the quote through the Zoho system which will then also be an acceptance of T&C's

8.2 A booking shall be deemed accepted when the client accepts the quote through the Zoho system.

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9. CHANGES TO SCOPE

9.1 Any change to the agreed scope of Services may result in additional charges.

9.2 Additional personnel, vehicles, equipment, hours or services requested after booking may be charged at the prevailing deployment rate.

9.3 Verbal requests made by an Authorised Representative of the Client which result in additional Services being provided shall be deemed authorised and chargeable unless disputed in writing within seven (7) days.

9.4 D4x4R reserves the right to decline, postpone or cancel any booking where operational requirements, severe weather events, emergency incidents, or requests from emergency services, local authorities or resilience partners take precedence.

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10. CANCELLATION

10.1 Once a booking has been confirmed, the following cancellation charges shall apply:

More than 48 hours before deployment: No charge

24 to 48 hours before deployment: 50% of agreed charges as set out in the booking confirmation

12 to 24 hours before deployment: 75% of agreed charges as set out in the booking confirmation

Less than 12 hours before deployment: 100% of agreed charges as set out in the booking confirmation

10.2 Where personnel, vehicles or equipment have commenced travel to the deployment location, the full deployment charge shall be payable.

10.3 Where Services have commenced and are subsequently cancelled, all costs incurred up to the point of cancellation shall be payable.

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11. MINIMUM DEPLOYMENT CHARGE

11.1 Unless otherwise agreed in writing, a minimum deployment charge equivalent to one Shift for each deployed vehicle, responder and/or controller shall apply.

11.2 Any part Shift worked shall be charged as a full Shift.

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12. PAYMENT TERMS

12.1 Payment is due within twenty-eight (28) days of the invoice date unless otherwise agreed in writing.

12.2 D4x4R reserves the right to charge interest and debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended.

1. D4x4R may require advance payment, a deposit, or staged payments for larger or extended Deployments.

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13. LIMITATION OF LIABILITY

13.1 Nothing within these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, liability for fraud, or any liability that cannot lawfully be excluded.

13.2 Subject to Clause 12.1, D4x4R's total liability arising from any Deployment shall not exceed £5,000,000 or the limit of its public liability insurance, whichever is lower, in respect of any single claim or series of connected claims.

13.3 D4x4R shall not be liable for:

• Consequential losses

• Loss of profit

• Loss of business

• Loss of revenue

• Loss of opportunity

• Indirect losses

13.4 The Client shall indemnify D4x4R against any claim, demand, action, loss or liability arising from inaccurate information provided by the Client, unsafe site conditions under the Client's control, or the actions of third parties acting under the Client's direction.

13.5 D4x4R shall not be liable for delays, reduced attendance, or inability to provide Services caused by volunteer availability, severe weather, vehicle breakdown, road closures, fuel shortages, public emergencies or circumstances beyond its reasonable control.

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14. FORCE MAJEURE

14.1 D4x4R shall not be liable for any failure or delay in performing Services arising from:

• Severe weather

• Flooding

• Snow or ice

• Vehicle breakdown

• Fuel shortages

• Road closures

• Civil emergencies

• Industrial action

• Government restrictions

• Public health emergencies

• Any circumstance beyond its reasonable control

14.2 Where a Force Majeure event prevents or restricts performance of the Services, D4x4R shall be entitled to recover all reasonable costs incurred up to the date of suspension or termination.

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15. INSURANCE

15.1 D4x4R shall maintain Public Liability Insurance appropriate to its activities.

15.2 Evidence of insurance cover shall be provided upon reasonable request.

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16. DATA PROTECTION

16.1 Both parties shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and any subsequent legislation.

16.2 D4x4R shall only process personal data where necessary for operational management, responder safety, safeguarding, incident recording, legal compliance or the provision of Services.

16.3 Information may be disclosed where required by law, necessary to protect life or safety, required by emergency services or regulatory bodies, or necessary for insurance or legal purposes.

16.4 The Client warrants that any personal data supplied to D4x4R has been obtained and shared lawfully.

17. SAFEGUARDING

17.1 D4x4R is committed to safeguarding children, young people and vulnerable adults encountered during the provision of Services.

17.2 D4x4R reserves the right to record, report and share information relating to safeguarding concerns with appropriate agencies where necessary to protect an individual from harm.

17.3 The Client shall notify D4x4R of any safeguarding risks, concerns or requirements known to them prior to the Deployment.

17.4 D4x4R personnel shall not assume safeguarding responsibilities beyond their training, competence or operational remit.
 

18. PHOTOGRAPHY, VIDEO AND MEDIA

18.1 D4x4R personnel may utilise photographs, video recordings, dashboard cameras, body-worn cameras and other recording devices for operational, evidential, safeguarding, insurance, training and security purposes.

18.2 Images, recordings and media may be retained by D4x4R in accordance with its policies and applicable legislation.

18.3 D4x4R may use photographs, videos or other media obtained during Deployments for charitable, educational, promotional or public information purposes, provided that reasonable steps are taken to protect personal privacy where appropriate.

18.4 The Client shall notify D4x4R of any site-specific restrictions relating to photography, recording or media use prior to the Deployment.

 

19. OPERATIONAL CONTROL

19.1 D4x4R personnel remain under the operational control and direction of D4x4R at all times.

19.2 Whilst tasks may be requested by the Client, D4x4R reserves the right to determine how such tasks are undertaken and may refuse any instruction considered unsafe, unlawful or outside its capabilities.

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20. TERMINATION

20.1 Either party may terminate an agreement by written notice.

20.2 Where termination occurs after deployment planning, mobilisation or resource allocation has commenced, any applicable cancellation charges shall remain payable.

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21. DISPUTE RESOLUTION

21.1 Any dispute arising from these Terms and Conditions shall first be referred to senior representatives of both parties for resolution.

21.2 If a dispute cannot be resolved through negotiation as detailed in 21.1, resolution should then be attempted through mediation and shall be governed by and construed in accordance with the laws of England and Wales.

21.3 The courts of England and Wales have exclusive jurisdiction over any dispute arising from the Ts&Cs.

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22. ENTIRE AGREEMENT

22.1 Any prior discussions, negotiations, representations or communications, whether oral or written, are not intended to form part of the contract.[1] 
 

23. NOTICES

23.1 Acceptable means of communication i.e. email to eventsteam@d4x4r.co.uk, post to Derbyshire 4x4 Response, 40 Ebenezer Street, Ilkeston. Derbyshire DE7 8JN

23.2 A notice is deemed recived:
Email: At transmission, if during business hours; otherwise, when business hours resume
First class Post / next business day service: 9:00 am on the second Business Day after posting

24. SEVERANCE

24.1 If any provision or part of a provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal or unenforceable, that provision or part-provision shall, so far as possible, be modified to the minimum extent necessary to make it valid, legal and enforceable.

If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

Any modification or deletion under this clause shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall continue in full force and effect.

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25. ACCEPTANCE

25.1 Acceptance of a quotation, purchase order, booking confirmation, email instruction or request for Deployment shall constitute acceptance of these Terms and Conditions.

25.2 These Terms and Conditions shall prevail over any conflicting terms proposed by the Client unless expressly agreed in writing by an authorised representative of D4x4R.