Terms & Conditions of Hire
- Your Contract with Us.
1.1 In this agreement "us", "we", or "our" shall mean Motorhome Car and Trailer Hire. Any reference to "you" or "your" shall mean the hirer of the vehicle, trailer or both whose details appear on the hire agreement attached to this agreement ("the hire agreement") and on the signature clause at the end of this agreement.
1.2 In this agreement the following words and expressions shall be deemed to have the following meanings:
"Additional driver(s)" - the additional driver(s) as set out in the hire agreement or as otherwise agreed to by us in writing from time to time;
"Additional driver(s) fee" - the additional fee payable for the additional driver(s) as stated in the hire agreement;
"Deposit" - the deposit the amount of which is set out on the hire agreement;
"Per day" - any successive period of twenty four (24) hours;
"Rental fee" - the rental fee for the hire of the vehicle, trailer or both set out in the hire agreement;
"Reservation deposit" - the booking fee of £50 or such other amount as we shall require to book the hire of the vehicle, trailer or both from time to time;
"Vehicle" - the vehicle the details of which appear on the hire agreement;
"Trailer" - the trailer the details of which appear on the hire agreement;
"Both" - the vehicle AND trailer the details of which appear on the hire agreement;
- Rental Period.
2.1 You will have the use of the vehicle, trailer or both for the rental period shown in the hire agreement.
2.2 In the event that you fail to return the vehicle, trailer or both to us by the conclusion of the rental period, we shall be entitled to charge you for every day, or part-day, you have the vehicle, trailer or both in excess of the rental period at our daily rental rate PLUS a premium of 20% of the daily rental rate as set out in the hire agreement and deduct the same from the deposit. In the event that the deposit is insufficient to cover the rental fee for the extended period, you shall pay that excess forthwith on demand by us.
- Your Responsibilities.
3.1 You shall pay the total rental fee (less the reservation fee), any applicable additional driver fee and deposit in advance of the commencement of the Rental Period in cleared funds, and any other charges or amounts that you are required to pay under this agreement and any applicable VAT.
3.2 You must look after the vehicle, trailer or both and they keys to the vehicle and any security device. You must always lock the vehicle when you are not using it and you must use any security devices fitted or provided with the vehicle or trailer.
3.3 You must make sure that you use the correct fuel.
3.4 You are responsible for any damage to the vehicle, trailer or both caused by hitting any object or whilst loading/unloading the vehicle from the trailer.
3.5 You must not sell, rent or dispose of the vehicle, trailer or both or any of its parts. You must not give anyone any legal rights over the vehicle, trailer or both.
3.6 You must not let anyone carry out any maintenance or repair of the vehicle or trailer without our written permission. If we do give you such permission, we will only give you a refund if you have a receipt for the work.
3.7 You must let us know as soon as you become aware of any fault with the vehicle, trailer or both.
3.8 You must return the vehicle, trailer or both to the place as detailed on the hire agreement, during the opening hours detailed on the hire agreement. We will check and assess the vehicle, trailer or both condition. If we have agreed that you may return the vehicle, trailer or both outside business hours, you will remain responsible for the vehicle, trailer or both and its condition until we have inspected it.
3.9 You will have to pay for reasonable costs or repair if:
3.9.1 we have to incur extra costs to return the vehicle, trailer or both to its condition at the time the pre-rental inspection was carried out (for example if extra valeting time or special material or equipment is needed or repairs required to restore the vehicle, trailer or both to its pre-rental condition); or
3.9.2 you have damaged the interior of the vehicle and we shall be entitled to withhold the deposit until such repairs have been carried out and deducted these costs of the same from the deposit and subject to the deduction of any other costs that you are liable to pay us under the terms of this agreement we shall return the remainder of the deposit, if any, to you.
3.10 Before you return the vehicle to us, it is your responsibility to check that you have not left any personal belongings in the vehicle.
3.11 Other than the additional driver(s) and you, you shall not permit any other person to drive the vehicle.
3.12 You are solely responsible for any property you leave in the vehicle whilst in the rental period.
- Your warranty to us.
By signing this agreement you warrant to us that you and any additional driver(s);
4.1 Hold a full and valid British drivers license and have done so for at least thirty six (36) months.
4.2 Do not suffer from any physical or mental affliction that may hamper your driving ability.
4.3 Have not in the last 5 years been found guilty of a motoring offence resulting in imprisonment or a driving ban of more than one (1) month.
4.4 Do not have more than six (6) penalty points on your driving license.
4.5 Have not in the last 5 years been found guilty of any fraud or dishonesty offences.
4.6 Will not be using the vehicle for in connection with a courier business.
4.7 Will not take the vehicle outside of England, Scotland or Wales. In the event that it is the intention to take the vehicle outside of England, Scotland or Wales we may agree to the same subject to such additional terms and conditions as stated in the hire agreement; and
4.8 Are not less than twenty one (21) years old and not more than seventy two (72) years old.
- Our warranties and limits of liability.
5.1 We warrant to you that:
5.1.1 we have maintained the vehicle or trailer to at least the manufacturers recommended standard;
5.1.2 the vehicle or trailer is roadworthy and suitable for renting at the start of the rental period;
5.2 Save, in respect of death or personal injury caused by our negligence in which case no limit shall apply, our entire liability to you for breach of contract, tort or otherwise shall in no event exceed the rental fee paid by you and in no event shall we be liable for any indirect or consequential losses however caused even if you informed us of the same. We shall in no event be liable for any loss or theft of any property that you leave in the vehicle. Save as may be permitted in law, nothing in this clause shall be deemed to affect or limit any of your statutory rights.
- Conditions for using the vehicle or trailer.
6.1 The vehicle must only be driven by you and any approved additional driver. In the event that you wish any other person to drive the vehicle you must obtain our written consent where upon such person shall deemed to be an additional driver.
6.2 The trailer must only be towed by the vehicle detailed on the hire agreement. Under no circumstances should be trailer be towed by any other vehicle. In the event that you need to tow the trailer by another vehicle you must obtain our written consent.
6.3 You and/or any additional driver must not:
6.3.1 use the vehicle or trailer for hire or reward;
6.3.2 use the vehicle or trailer for any illegal purpose;
6.3.3 use the vehicle for racing, pace making, testing the vehicle's reliability and speed or teaching someone to drive;
6.3.4 use the vehicle whilst under the influence of alcohol or drugs;
6.3.5 load the vehicle beyond the manufacturers maximum weight recommendations and make sure that the load is secured safely;
You will be required to pay the following charges:
8.1 The rental fee and any other damages we work out according to this agreement.
8.2 Any charge for loss or damage resulting from you not keeping to condition 3.
8.3 A refuelling service charge if you have used and not replaced the quantity of fuel that we supplied at the start of the rental period. The charge will be based on the rates provided with this hire agreement or those shown at the place you rented the vehicle from which ever is applicable. You will also be charged for the fuel required to fill the tank to the level supplied to you at the start of the rental period at a rate per litre shown on the hire agreement;
8.4 All fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle or trailer is clamped/towed away or otherwise removed). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible for paying our reasonable administration charges that arise when we deal with these matters.
8.5 The reasonable costs of repairing any damage which was not noted on our damage control sheet with this agreement, whether you were at fault or not and the reasonable cost of replacing the vehicle or trailer if it is stolen, depending on any insurance you have (as set out in condition 9), if and when we demand this payment. Any losses that we may suffer which are not recoverable under any insurance policy that us relevant to your hire of the vehicle or trailer.
8.6 Any charges arising from Customs and Excise or any other body with authority to do with seizing the vehicle as a consequence of any act or omission of you, together with a loss of income charge while we cannot rent of the vehicle or trailer.
8.7 Any published rates for delivering and collecting the vehicle or trailer.
8.8 Interest which we will add every day to any amount you do not pay us on time, at a rate of 4% per year above the base lending rate of Barclays Bank from time to time.
8.9 VAT and all other taxes on any of the charges listed above, as appropriate.
8.10 You are responsible for all the charges even if you have asked someone else to be responsible for those charges.
8.11 We shall be entitled to deduct any damages, costs or charges that you are liable to pay to us from any deposit held by us from you and in the event that the deposit is insufficient to cover the same you agree that we may recover the same from you on demand.
- Our insurance and damage protection programme.
8.1 We will arrange fully comprehensive car hire through our broker, www.insurecarhire.co.uk, a trading name of Sky Insurance Services Group Ltd who is authorised and regulated by the Financial Conduct Authority.
8.2 We will require two items to prove your identity. These will be photocopied or scanned and retained for 3 years from the end date of the rental period. Acceptable evidence is shown in the following tables; you only need to provide one item from each table and these must be original documents, not printed off the internet.
TABLE A - ALL DOCUMENTS MUST INCLUDE THE HIRER'S FULL NAME
Current UK Full Photocard Driving Licence AND paper counterpart;
Current EU member state National ID Photocard and driving licence;
Current firearms certificate or shotgun licence;
Current old style UK Driving Licence;
TABLE B - ALL DOCUMENTS MUST INCLUDE THE HIRER'S NAME AND CURRENT ADDRESS
A credit card statement, dated within the last 3 months;
A notification letter from Benefits Agency/Local Authority confirming your rights to benefits (Department for Works and Pension, Jobcentre Plus, Benefits Agency or Veterans Agency), dated within the last 12 months;
Bank, Building Society, Credit Union statement, dated within the last 3 months;
Council Tax bill (valid for the current financial year);
Current Tenancy Agreement, from a local council or a recognised letting agency;
HMRC document (PAYE Coding Notice/Tax Notification/Self-Assessment/Statement of Account/NI Contributions Bill) issued in the last 3 months or valid for the current tax year - we cannot accept P45 or P60;
Mortgage statement from a recognised lender, dated within the last 12 months;
Sky or cable TV bills, dated within the last 3 months;
Telephone bill, dated within the last 3 months - we cannot accept mobile phone bills;
Utility bill - gas, electricity or water, dated within the last 3 months;
8.3 Full details of the policy terms, conditions and exclusions are available upon request from us.
- What to do if you have an accident.
9.1 If you have an accident you must not admit liability or responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
9.1.1 make the vehicle or trailer secure;
9.1.2 tell the police straight away if anyone is injured or if there is disagreement over who is responsible; and
9.1.3 call us immediately;
9.2 You must then fill in our accident report form and send it to us.
- Data protection.
You agree that we may use information you have given us to carry out our own market research. If you break the agreement we can give this information to credit reference agencies, the Driver and Vehicle Licencing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998.
- Termination of this agreement.
11.1 If you are a consumer we will terminate this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts or a receiving order has been made against you. We may terminate this agreement if you do not meet the main requirements of the agreement.
11.2 If you are a company, we will end this agreement straight away if:
11.2.1 you go into liquidation;
11.2.2 you call a meeting of creditors;
11.2.3 we find out that your goods have been taken away from you until you pay off your debts, or
11.2.4 you do not meet any of the conditions of this agreement;