Terms and Conditions
Updated on June 23, 2022
LITTA - Standard Contract Terms
Contract for Services
- These are the standard terms and conditions (the “Contract Terms”) on the basis of which of LITTA App Limited ("LITTA", "we", or “us”) provides waste collection and disposal services and the provision and collection of skips (the “Services”) to any purchaser of those Services (the “Customer” or “you”).
- These Contract Terms apply to each provision of the Services and each booking you make for Services (a “Booking”), whether you book through our website or through the LITTA mobile application (together, the "Platform").
- Please read these Contract Terms carefully before making a Booking for any Services. By placing the Booking, you agree to be bound by these Contract Terms. That creates a legally binding agreement between you and us (the “Contract”). If you do not accept these Contract Terms, you must not place a Booking and cannot access any Services.
- We reserve the right to change these Contract Terms from time to time by updating them on this page.
About LITTA App Limited
- LITTA App Limited is a company registered in England and Wales with registered company number 10882506, whose registered office is 171a Darkes Lane, Potters Bar, England, EN6 1BW and main place of business is at Media House, Sopers Road, Cuffley, Hertfordshire EN6 4RY . LITTA is registered with HMRC for VAT (No: 327650107).
- Any contact with LITTA should be by email to firstname.lastname@example.org, by phone on 020 38680455 and by the Live Chat that can be found on LITTA.co.
Basis of supply of Services
- A “Consumer” is any individual making a Booking on their own behalf as a private individual or on behalf of another private individual. It excludes any person making a Booking as a Business or in a commercial context (see paragraph 11 below).
- You are only considered a Consumer if you identify yourself as such at the time of making the Booking.
- If you are a Consumer, the following additional terms apply, which give you greater protection than if you were a Business: paragraphs 35-40 (inclusive) (which relate to cancellation and associated charges) and paragraphs 49-52 (inclusive) (which relate to limitations on LITTA’s liability) (the “Consumer Terms”)
- If you are a Consumer, the following terms do not apply: paragraphs 41-43 (inclusive) and paragraph 48. These terms apply only to Businesses.
- A “Business” includes any person contracting with LITTA in a commercial context, including on behalf of a company or as a sole trader for their business (or someone acting on behalf of a sole trader) including, in either case, where the Services are for the benefit of one of their clients or customers.
- If you are a Business, the following additional terms apply: paragraphs 41-43 (inclusive) and paragraph 48.
- If you are a Business, none of the Consumer Terms apply.
- LITTA subcontracts the provision of some or all of the Services to carefully selected and licensed waste service suppliers (each a “Supplier”). Where these Contract Terms use the words “we” or “us”, it refers to both LITTA and its Suppliers if the context requires or permits. LITTA remains responsible to you, as its Customer, for the performance of the Services by its Suppliers.
- We will provide the Services with reasonable care and skill and will take reasonable steps to ensure our Suppliers are appropriately qualified, licensed and hold the requisite registrations under Environment Protection Act 1990, the Waste Regulations 2011.
Timings and delays
- We will try to provide the Services or, for longer duration Services, commence provision of the Services on the date and at the time requested in the Booking or otherwise indicated by us (respectively the “Booked Date” and the “Booked Time”).
- In particular, if you order a skip, the Booked Date means the date on which we will try to deliver the skip to you. We will use reasonable endeavours to provide skips within a reasonable time frame but please note that Bookings for skips generally require at least three business days' notice. Business days are Mondays to Fridays (excluding all Bank Holidays anywhere in the UK).
- All Booked Dates and Booked Times are estimated only. Where you have requested or we have proposed a Booked Date and/or a Booked Time, this should not be construed as any form of guarantee or promise to provide the Services on that date or at that time. We will make reasonable efforts to stick to the Booked Date and arrive close to the Booked Time, but Booked Dates and Booked Times are dependent on a variety of factors (including the availability of our Suppliers and other resources, such as skips) and are, therefore, only indicative. We do not guarantee that clearances will be started on the Booked Dates or at the Booked Times, or that they will be completed within a given period. The following factors, in particular, will affect our ability to provide Services on the Booked Date or at the Booked time: short notice Bookings (e.g. requests for Services to be provided on the day the Booking is placed); or Bookings placed for Booked Dates or Booked Times that are in peak periods, or are close to or during public holidays.
- We are not responsible for, and have no liability to the Customer for, delays due to circumstances beyond our reasonable control and where we could not reasonably find a commercially viable work around (see paragraph 28).This includes, but is not limited to, the unexpected lack of availability of a licensed Supplier or any Supplier itself experiencing an event that is outside its control (including staff absences or shortages). We will use reasonable endeavours to find a replacement Supplier within a reasonable time frame if this happens.
- You must provide us with complete and accurate information and instructions at the time of making the Booking, including telling us about any special relevant facts or circumstances. If you don't, it may affect the price we charge you (see paragraph 28) or we may be entitled to cancel the Services and charge you accordingly (see paragraph 34).
- Unless otherwise agreed in writing by us, you must not include any Restricted Items or Materials in the waste to be cleared (including any waste you place in a skip provided as part of the Services). “Restricted Items or Materials” means any of the items or materials listed which shall include (but not limited to) the following: Asbestos, Clinical/ Medical Waste, Solvents, Liquids, Oil, Batteries, Hazardous/ Toxic Material, Gas Cylinders. If you include any Restricted Items or Materials without our prior agreement, it may affect the price we charge you or we may be entitled to cancel the Services and charge you accordingly (see paragraph 34).
- If we encounter any Restricted Items or Materials at the site, we are entitled to leave the site immediately and may not be able to, and are not obliged to, commence or complete the Services. If we have to leave the site because of the presence of Restricted Items or Materials, we may be entitled to cancel the Services and charge you accordingly (see paragraph 34).
- You agree to provide us with free and safe access to the site or premises where the waste is to be collected. If you do not or cannot, we are entitled to leave the site immediately and may not be able to, and are not obliged to, commence or complete the Services. If we have to leave the site because it is unsafe for us to be there, we may be entitled to cancel the Services and charge you accordingly (see paragraph 34).
- We (including our staff and those of our Suppliers) have the right to work safely and free from harassment and abuse. We can stop work if we feel threatened, are not treated with a reasonable degree of respect and professionalism, or if any conditions may endanger the public, the Customer, us or our Suppliers.
Price and quotes
- All prices and quotes are based upon the information you give us at the time of making your Booking.
- LITTA calculates the price for the Services on the basis of the quantity (weight or volume) and type(s) of waste materials, the permitted method(s) of disposal, the location(s) of disposal and the location from which collection is to be made, and the time and effort required for performance of the Services. Certain items or materials are subject to an additional charge. You will be prompted to confirm whether any of these items are included in your waste before you submit your quotation or complete your booking.
- Skips are priced based on their size and the period of time for which they are made available. Therefore, Bookings for skips are essentially a rental agreement that gives you access to a skip of a specified capacity for an agreed number of days. It is your responsibility to complete your use the skip within the rental period. At the end of that period, the skip will be collected regardless of whether or not it is full. Provided we agree, you may extend the rental period of a skip, before the expiry of your existing rental period, upon payment of an additional charge.
- We are allowed to make a reasonable adjustment to our charges if you fail to notify us of any special circumstances at the time of Booking, or if any information that you provided at the time of Booking later turns out to be untrue, inaccurate or misleading, or if the labour involved in the clearance is excessive due to circumstances outside our control and about which you did not, at the time of Booking, advise us. Examples of such information and circumstances include, if the volume or weight of the waste, the type(s) of waste, or the location (including access) are not as specified. If the implications of any such failure on your part are sufficiently serious, we shall be entitled to cancel the Services and charge you accordingly (see paragraph 34).
- If the special circumstances or the nature of the incomplete, inaccurate or misleading information is/are sufficiently material, we can (instead of adjusting our charges for provision of the Services) cancel the Services. If we cancel the Services for this reason, paragraph 34 (cancellation charges) applies.
- All prices include VAT at the applicable rate.
- Payment must be made in full at the time of Booking unless a later payment date, or payment by instalments, has been agreed in advance and in writing.
- Invoices are payable on presentation. We reserve the right to charge interest on balances owed, at a rate of 2% per month over the prevailing Bank of England base rate.
Cancellation or postponement by LITTA
- LITTA is entitled to postpone the Services for a good reason. A good reason includes, but is not limited to, any of the factors or circumstances described in paragraphs 18 or 19.
- LITTA is entitled to cancel the Services if paragraph 28 applies and it cannot commence or complete the Services because of your act, omission or default, or if any of paragraphs 20, 21, 22, 23, 24 or 29 applies.
Cancellation by, or in relation to, Consumers
- If you, as a Consumer, want to cancel a Booking, you must provide us with written notice by email to email@example.com, if the Booked Date is or the Booked Time 24 hours or more in the future, or by phone on 020 38680455 if the Booked Date or the Booked Time is less than 24 hours in the future. No cancellation is permitted to the extent that any part of the Services has been commenced or completed.
- Subject to paragraphs 37 to 39, Consumers can cancel a Booking without charge if they do so at least 24 hours before the Booked Date.
- Consumers have the right to cancel a Booking, without charge, at any time up to the end of 14 days after the day on which the Booking was placed. But you do not have the right to cancel the Booking without charge if, at the time of making the cancellation, the supply of our Services is due to begin in less than 14 days' time.
- Consumers who cancel a Booking within 14 days of the Booked Date must pay an administration charge of £20.
- Consumers who cancel a Booking within 24 hours of the Booked Time for collection or, if applicable, the Booked Date must pay an administration charge of £40 and any reasonable charges of our Supplier.
- If LITTA cancels the Services on the basis referred to in paragraph 34, we can charge you for our reasonable costs associated with such cancellation, including an administration charge of £30 and all the charges of our Supplier.
Cancellation by, or in relation to, Businesses
- Businesses who cancel a Booking within 14 days of the Booked Date must pay an administration charge based on the following scale: (i) £50 for Bookings with a value up to and including £1,000; (ii) £100 for Bookings with a value above £1,000.
- Businesses who cancel a Booking within 24 hours of the Booked Time for collection or, if applicable, the Booked Date must pay an administration charge equal to twice the relevant figure stated in paragraph 41 and all the charges of our Supplier.
- If LITTA cancels a Booking on the basis referred to in paragraph 34, we can charge you for our reasonable costs associated with such cancellation, including an administration charge of £100 and all the charges of our Supplier.
Cancellation - general
- No cancellation is permitted by a Consumer or Business to the extent that any part of the Services has been commenced or completed.
- If you validly cancel, where you have paid in advance we will refund you any monies you have already paid less the applicable administration charge and, where applicable, the charges of our Supplier.
- Cancellation does not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Contract Terms.
Limitation of Liability
PLEASE READ - THIS IS AN IMPORTANT CONTRACT TERM AS IT LIMITS OUR LIABILITY TO YOU
- We are not liable to any Customer for any loss of profit, loss of revenue, loss of opportunity, loss of goodwill or any indirect or consequential loss arising under or in connection with the Booking, the Services or otherwise under this contract (the “Excluded Losses”).
- For Businesses, our total liability in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the fees you have paid us for our Services.
- For Consumers, if paragraph 50 applies, the concept of Excluded Losses does not apply to any losses that are Associated Costs. In this context, “Associated Costs” means all reasonable costs or expenses relating to other plans you had which it would not have been reasonable to expect us to know about, which were dependent on the removal of the waste, and which could not reasonably be postponed (the “Special Plans”).
- If you, as Consumer, inform us in writing of Special Plans and we agree the terms of the Booking on that basis, and you are prevented from carrying through those Special Plans because of our non-performance of the Services on the Booked Date or at the Booked Time, then your Associated Costs will not be treated as Excluded Losses and will not be automatically excluded from our potential liability under the Contract.
- Unless you, as Consumer, inform us in writing of any Special Plans, and we confirm in writing our acceptance of the Booking on that basis, any Associated Costs will be Excluded Losses, and we will not accept any liability for them.
- For Consumers, our total liability in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the fees you have paid us for our Services together with, if (and only if) paragraph 50 applies, a reasonable contribution towards your Associated Costs capped at £200.
- The limitations in paragraphs 47, 48, 51 and 52 do not apply to the following types of loss:
- Death or personal injury caused by our (including our Suppliers’) negligence
- Loss caused by our (including our Suppliers’) fraud or fraudulent misrepresentation
- Any other loss that may not be excluded or limited by law
Third party rights and transfer of rights under these Contract Terms (assignment)
- The Contracts (Rights of Third Parties) Act 1999 does not apply to this Contract. No person other than you and us has any rights under it.
- You may not transfer any of your rights or obligations under these Contract Terms without our prior written consent. We may transfer any of our rights or obligations under these Contract Terms without your prior written consent to any of our affiliates or any entity or business that we purchase or are sold to or any joint venture to which we are or may become a party.
Governing law and jurisdiction
- These Contract Terms are governed by and construed in accordance with English law.
- Disputes or claims arising in connection with these Contract Terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the English courts.