Back to motorhome hire
This Rental Contract is made between the Owner John Hewitt and you (the
Hirer), subject to these Terms.
1. Definitions
Within these terms and conditions the following words and expressions shall
have the following meanings:
| "Booking Deposit" |
means the booking deposit of £200 per week payable by you to confirm
your booking of the motorhome; or full payment if lower than £200 for
the hire |
| "Daily Rate" |
means the daily rate used in the Website calculation and payable by
you for each day or part thereof that you are late in returning the
Motorhome to the Return Point; |
| "Handover Condition Report" |
means the joint report undertaken by you and the Owner prior to the
pick up of the Motorhome; |
| "Hirer" |
means you, the hirer of the Motorhome. All references to
"you" means the Hirer. |
| "Hirer Profile" |
means your details to be completed by you at the time of booking; |
| "Insurance" |
means the fully comprehensive road risk self drive hire insurance for
the Motorhome to be provided through the Motorhome Group; |
| "Motor Rental Agreement" |
means the schedule containing details of the Rental Contract which
forms part of these Terms; |
| "Motorhome" |
means the motorhome as is described in the Reservation Details; |
| "Pick Up Date" |
means the date and time stated upon which the Hirer is to collect the
Motorhome, the standard Pick Up Time is 12:00 hrs; |
| "Pick Up Location" |
means the place stated in the Reservation Details or subsequently
supplied to the Hirer from where the Motorhome is to be collected upon
the Start Date; |
| "Rental Contract" |
means the contract for the rental of the Motorhome in accordance with
and incorporating the Reservation Details and Terms; |
| "Rental Damage Deposit" |
means the deposit of £900 payable by you prior to the pick up of the
Motorhome; |
| "Reservation Details" |
means, inter alia, the details of the Motorhome, its location,
the hire period, the cost of hire, the number of named drivers and
travel region as described on the Website and which forms part of these
Terms; |
| "Rental Payment" |
means the payment due from you to the Owner for the hire of the
Motorhome in accordance with the Rental Contract; |
| "Rental Term" |
means the period commencing on the Pick Up Date and ending on the date
upon which the Motorhome is returned to the Return Point, the standard
return time is 18:00. |
| "Return Date" |
means the date and time stated in the Motor Rental Agreement upon
which the Hirer is to return the Motorhome to the Return Point; |
| "Return Point" |
means the location stated in the Reservation Details to where the
Motorhome is to be returned on the Return Date; |
| "Return Report" |
means the joint report undertaken by you and the Owner prior to the
return of the Motorhome; |
| "Terms" |
means these terms and conditions; |
2. Your contract with the Owner
| 2.1 |
When confirming your booking online, you will be required to confirm
your acceptance of these Terms which will govern your rental of the
Motorhome. Please read these Terms carefully as they are intended to be
and are legally binding. If there is anything you do not understand or
do not agree with, please contact the owner. |
| 2.2 |
If you decide to cancel your booking or do not arrive to collect the
Motorhome on the Pick Up Date, charges may be made as are explained in
these Terms. |
3. Term
The rental of the Motorhome is for the period from the Pick Up Date to the
Return Date. If you fail to return the Motorhome to the Return Point on the
Return Date you are in breach of these Terms and will be charged for every day
or part-day after the Return Date you fail to return the Motorhome to the Return
Point.
Depending on the season, there is a minimum 3 night, 4 night or 7 night hire
period. The minimum hire period when travelling overseas is 7 nights.
4. Bookings and deposit
| 4.1 |
To book a Motorhome you must:- |
|
4.1.1 |
complete the Motor Rental Agreement; |
|
4.1.2 |
complete the Hirer's Profile; |
|
4.1.3 |
confirm your acceptance of these Terms; |
|
4.1.4 |
authorise online payment from your credit/debit card. |
| 4.2 |
The owner will then confirm your booking by return email to the email
address stated on the Hirer's Profile whereupon the Rental Contract
between the Owner and you is established. |
| 4.3 |
The owner shall deduct from your credit/debit card:- |
|
4.3.1 |
the Booking Deposit upon confirmation of the booking; (minus any
payment already paid through Paypal if booked on ebay) and |
|
4.3.2 |
the Rental Payments less the Booking Deposit four weeks prior to the
Pick Up Date. If the booking date is less than four weeks prior to the
Pick Up Date, the Rental Payments will be taken upon the booking date
and will include the Booking Deposit; and |
|
4.3.3 |
on the Pick Up Date, the Rental Damage Deposit (pre authorisation for
this deduction having been given on booking). |
| If any one, any or all of these payments is rejected or denied then
the Owner shall be entitled to cancel the Rental Contract. |
| 4.4 |
Any documentation requested by the owner must be received by the owner
at least four weeks prior to the Pick Up Date or, if the date of booking
is less than four weeks prior to the Pick Up Date, within 4 days of the
booking date. If the date of booking is less than 4 days before the Pick
Up Date, you must contact the owner with regard to delivery of
documents. |
| 4.5 |
In the event that the owner does not receive any documents requested
at least 4 days prior to the Pick Up Date, the owner reserves the right
to cancel the Rental Contract and retain all payments made. |
| 4.6 |
Fees and Payment - In the event that the owner does not receive any
documents requested at least 4 days prior to the Pick Up Date, the owner
reserves the right to cancel the Rental Contract and retain all payments
made. |
|
4.6.1 |
It is the Hirer's responsibility to ensure that the Motorhome Fees,
Damage Deposit and any other fees and expenses relating to the Motorhome
hire (some of which may be subject to a separate agreement) are paid in
full. Unless the owner agrees otherwise in writing the Fees should be
paid in full within 4 weeks of the hire start date, whether directly by
the Hirer, or on the Hirer's behalf by a third party (such as a
relative, employer or other sponsor). The damage deposit pre
authorisation is due 7 days prior to the hire start date. |
|
4.6.2 |
All payments made through this Online Payment Facility must be made in
Pounds Sterling . Any currency conversion costs or other charges
incurred in making the payment or in processing a refund shall be borne
by the Hirer or the third party making payment, and shall not be
deductible from the Fees due to the owner |
|
4.6.3 |
Please read these terms carefully before using the online payments
facility. Using the online payments facility on this website indicates
that you accept these terms. If you do not accept these terms do not use
this facility. |
We may also want to consider to asking for a landline telephone number for
the card holder so that they may be called to confirm they agree to the
payment/pre authorisation being taken.
5. Your responsibilities
| 5.1 |
You must complete a Handover Condition Report of the Motorhome with
the Owner to identify the state of repair of the Motorhome and any
damage prior to its pick up. |
| 5.2 |
You must look after the Motorhome and the keys to it. You must always
keep the Motorhome locked securely at all times when unattended,
ensuring that you use any and all security device(s) fitted to or
supplied with the Motorhome. |
| 5.3 |
You must protect the Motorhome against any adverse weather conditions
which can cause damage to the Motorhome. |
| 5.4 |
You must ensure that you use the correct fuel for the Motorhome. |
| 5.5 |
You must not sell, rent or dispose of the Motorhome or any of its
parts, fixtures, fittings or items added by the Owner or otherwise. |
| 5.6 |
You must not grant to anyone legal rights over the Motorhome. |
| 5.7 |
You must not let anyone work on the Motorhome without the Owner's
permission. If the Owner does grant you permission to proceed with work,
you will only receive a refund if you have a valid VAT receipt for the
work and the works carried out have been authorised by the Owner. |
| 5.8 |
You must let the Owner know as soon as you become aware of any fault
in or with the Motorhome. |
| 5.9 |
You must return the Motorhome to the Return Point on the Return Date.
Until the Motorhome is safely returned to the Owner you will remain
responsible for the Motorhome. The Owner must inspect the Motorhome
before it is handed back to them so that the Owner can ensure that they
are satisfied with the condition in which it has been returned. |
| 5.10 |
You are responsible for any loss or damage to the Motorhome caused by
negligence, misuse or otherwise, whether or not such loss or damage was
caused by you. |
| 5.11 |
You must complete a Return Report with the Owner to identify the state
of repair of the Motorhome and any damage prior to its return. Any
points as to the state of repair on which you disagree must be clearly
identified. In the absence of such identification, you will be deemed to
accept the content of the Return Report in its entirely. |
| 5.12 |
You will have to pay for costs of repair of any interior or exterior
damage or loss to the Motorhome or its equipment. |
| 5.14 |
Before you return the Motorhome you must ensure you have not left any
personal belongings in the Motorhome. The Owner is under ano obligation to return any such belongings
left by you. |
6 Towing
You and any other driver must not use the Motorhome for towing.
7 The Driver
| 7.1 |
No-one other than you and or any other driver named in the Motor
Rental Agreement may drive the Motorhome. |
| 7.2 |
No-one may drive the Motorhome unless they are aged between 25 and 70
years of age inclusive during the Rental Term. |
| 7.3 |
Every driver must hold, and have held at the Pick Up Date for at least
3 consecutive years, a valid UK Driving Licence, other valid National
Licence or a valid International Driving Licence. |
| 7.4 |
Every driver must have completed a Hirer's Profile before driving the
Motorhome. |
| 7.5 |
You and any other driver of the Motorhome must not: |
|
7.5.1 |
use the Motorhome for hire or reward; |
|
7.5.2 |
use the Motorhome for any illegal purpose; |
|
7.5.3 |
use the Motorhome for either racing, pacemaking, testing the
Motorhome's reliability and speed and or teaching someone to drive; |
|
7.5.4 |
use the Motorhome whilst under the influence of alcohol and/or drugs;
or |
|
7.5.5 |
drive the Motorhome outside England, Scotland and Wales, unless you
have requested this in your booking request. |
8 Rental Damage Deposit
| 8.1 |
A refundable Rental Damage Deposit of £1000 is payable by credit or
debit card or cash in advance by you for any damage or loss caused to
the Motorhome or its equipment. |
| 8.2 |
The condition of the Motorhome upon its return will be compared
against the condition of the Motorhome upon its pick up by reference to
the difference, if any described in the Handover Condition Report and
the Return Report. |
| 8.3 |
Provided the Motorhome is returned to the Return Point on the Return
Date in the same condition as at the Pick Up Date with a clean interior
and there are no other extra charges, the Rental Damage Deposit will be
refunded within 7 working days of the date upon which the Motorhome is
returned. |
| 8.4 |
Should the Motorhome be returned in a worse condition as at the Pick
Up Date, then repairs, replacement or cleaning costs will be charged
against the Rental Damage Deposit, up to and including the full £1000. |
| 8.5 |
This paragraph 8 is without prejudice to the rights of the Owner to
recover from you, whether under these Terms or otherwise, any sums due
in excess of the Rental Damage Deposit for damage or loss howsoever
caused to the Motorhome during the Rental Term. |
| 8.6 |
The following charges are payable by you and if not paid will be
deducted from the Rental Damage Deposit: |
|
8.6.1 |
You must empty the toilet and renew the chemicals as provided at the end of the Rental Term. There is a £50.00
charge from the Rental Damage Deposit for un-emptied toilets. There is
also a £50 surcharge for dirty toilets including the toilet bowl |
|
8.6.2 |
Any item of stained upholstery will be charged up to and including £70.00
per item from the Rental Damage Deposit for cleaning. |
|
8.6.3 |
A £30.00 charge will be made from the Rental Damage Deposit for a
very dirty interior or exterior. |
|
8.6.4 |
A £60.00 cleaning charge from the Rental Deposit will be payable if
the ban on smoking and animals has been ignored. The smell of cigarettes
will be sufficient so it is your interest not to smoke near an open
door. |
|
8.6.5 |
You must pay any and all fines and costs (including court costs)
incurred for parking, traffic or other offences, congestion charges,
(including any costs which arise if the Motorhome is clamped). You must
pay to the appropriate authority any fines and costs if and when the
authority demands this payment. If you do not, you will be responsible
to pay any costs and reasonable administration charges incurred by the
Owner in dealing with these matters. |
|
8.6.6 |
You are liable for any charges arising from HMRC or Immigration
Authorities seizing the Motorhome, together with a loss-of-income charge
for the full period during which the Owner cannot rent out the Motorhome
as a consequence. |
|
8.6.7 |
Any published or agreed rates for delivering and collecting the
Motorhome. |
|
8.6.8 |
Interest which will be added every day to any amount you do not pay on
time, at the rate of 4% a year above the base lending rate of National
Westminster Bank plc from time to time. |
|
8.6.9 |
Value added tax and all other taxes on any of the charges listed
above, as appropriate. |
|
8.6.10 |
The Daily Rate for every day or part day for which you fail to return
the Motorhome to the Return Point. |
| 8.7 |
|
| 8.8 |
You are liable to pay the Insurance Policy excess of £1000 per
incident if costs of repairs are expected to exceed this amount. |
| 8.9 |
You are liable to pay a minimum administration charge of £100 to the
owner for any claim against the damage deposit. |
9 Insurance
| 9.1 |
Insurance for the Motorhome for the period from the Pick Up Date and
time to the Return Date and time as stated in the Motor Rental Agreement
is arranged by the owner. |
| 9.2 |
The cost of the Insurance is included within the Rental Payment. |
| 9.3 |
Full details of the Insurance is available from the offices of the
owner. |
| 9.4 |
Upon pick up of the Motorhome the Owner will supply you with your
Motor Rental Agreement as confirmation of Insurance Cover. |
| 9.5 |
The owner reserves the right to take action against you to recover the
full cost of all loss, repairs and damage suffered by the Motorhome
during the Rental Term which is not covered by Insurance. |
| 9.6 |
You shall be liable for the first £1000 of each and any claim(s) made
under the Insurance, such sums to be deducted from the Rental Damage
Deposit and if insufficient paid by you within 7 days of written demand. |
| 9.7 |
The following are excluded from the Insurance cover: |
|
9.7.1 |
Damage to the windscreen and windows; |
|
9.7.2 |
Damage to tyres caused by braking, punctures, cuts or bursts; |
|
9.7.3 |
Mechanical, electrical, electronic, computer failures, breakdowns or
breakages; |
|
9.7.4 |
Loss of use, wear and tear, depreciation in value of the Motorhome
after a claim has been made under the Insurance policy; |
|
9.7.5 |
Claims involving fraud or deception; |
|
9.7.6 |
Claims resulting from "taking away" incidents where the
Motorhome is taken by a member of your family, household or by someone
with a close personal relationship with you; |
|
9.7.7 |
Claims resulting from anyone driving the Motorhome with or without
your permission who has not been included in the Hirer's Profile; |
|
9.7.8 |
Theft as a result of keys remaining in the Motorhome whilst
unoccupied; |
|
9.7.9 |
The first 25% of the value of any claim for loss or damage following
theft or attempted theft of the Motorhome by the hirer; |
|
9.7.10 |
Loss or damage to, or theft of, the TV, radio, stereo equipment, and
aerials; |
|
9.7.11 |
Interior damage including burns to seats, carpets and other damage; |
|
9.7.12 |
Vandalism damage of any kind to the Motorhome; |
|
9.7.13 |
Damage or loss of personal effects within or from the Motorhome; |
10 Theft
You are entirely responsible for the security of the Motorhome. You must
ensure that, if the Motorhome is left unattended at any time, it is securely
locked and parked in a safe, well lit location. You must take every precaution
to prevent loss from or theft of the Motorhome.
11 Fuel, oil and gas
| 11.1 |
A full tank of fuel is supplied with the Motorhome upon pick up of the
Motorhome and you must return the Motorhome with a full tank of fuel.
Any fuel shortage will be charged to you against the Rental Damage
Deposit. You will be liable for all repair costs if the incorrect fuel
type is used. |
| 11.2 |
You are responsible for the regular checking of oil and water levels
and the use of the correct type of fluids during the Rental Term. |
| 11.3 |
Two gas cylinders are provided at the time of hire, at least one of
which will be full. The cost of any refills thereafter shall
be your responsibility and you shall ensure that two bottles of the same
size and make as taken out are returned with the Motorhome. A charge of
£25.00 from the Rental Damage Deposit will be made if at least one
completely full gas cylinder of the same size as and make as the one
taken out is not returned with the Motorhome. |
| 11.4 |
Transporting generators which require fuel can invalidate the
insurance. Therefore generators are not permitted. |
12 Mileage
| 12.1 |
Unlimited mileage is included with all bookings, subject to a fair
usage policy of 1000 miles per week. |
| 12.2 |
When making a booking you must supply a hire mileage estimate which
forms part of the Rental Contract. If your mileage estimate breaches the
fair usage policy, the owner may charge you £0.35 per additional mile. |
13 Cancellations
All cancellations must be in writing, addressed to the owner and are charged
as follows.
| 13.1 |
The Booking Deposit of £200 per week is not refundable in any
circumstances. |
| 13.2 |
If the cancellation notice is received 28 days or more before but
excluding the Pick Up Date, the owner shall refund the Rental Payment
less the Booking Deposit. The £1000 Rental Damage Deposit is not
charged if the hire is cancelled and provided no other sums are unpaid
by way of deposit or otherwise. |
| 13.3 |
If the cancellation notice is received within the period of 28 days
before and including the Pick Up Date the owner will be entitled to the
full amount of the Rental Payment. Provided no other sums are unpaid by
way of deposit or otherwise the Rental Damage Deposit shall not be
charged. |
14 Pick up and return
| 14.1 |
The Motorhome will be available for pick up from the Pick Up Location
on the Pick Up Date and must be returned to the Return Point by 17:00 on
the Return Date. Any delay in returning the Motorhome will result in you
being charged the Daily Rate for each day or part thereof for which you
fail to return the Motorhome to the Return Point. No refund is given for
an early return of the Motorhome. |
| 14.2 |
You acknowledge on pick up, the rental of the Motorhome and the
contents free from any defect or damage and complete other than as
specified in the Handover Condition Report. On pick up, you are advised
to check the Motorhome thoroughly before departure. The breakdown or
malfunction of equipment after the Motorhome has been handed over by the
Owner will not be accepted as reason to abort or cancel the Rental
Contract; any such fault will be rectified as soon as possible. If the
fault cannot be rectified within twenty four hours from the Pick Up
Date, the owner will seek to provide an alternative motorhome. If the
alternative arrangements are not acceptable to the Hirer, the balance of
the Rental Payment will be paid to the Hirer. |
| 14.3 |
Upon return of the Motorhome the Owner will check the Motorhome for
damage, cleanliness, fuel, condition of the tyres, windscreen, bumpers,
rooflights, mirrors, doors and internal habitation equipment and
complete the Return Report jointly with you. |
15 Availability
| 15.1 |
Every effort is made to ensure that the Motorhome reserved is
available. If, due to circumstances beyond the Owner's control
which could not reasonably have been foreseen or avoided at any point up
until the Pick Up Date, the booked Motorhome is not available, the Owner
reserves the right to offer a suitable alternative. This
may be a motorhome of similar size or larger. If an alternative is not
available, the Rental Payment will be refunded. |
| 15.2 |
If an alternative is not available the liability of the owner will be
limited to the refund of all monies paid to the owner by you. The Owner
cannot accept responsibility or pay any compensation, costs or expenses
where the performance of the Rental Contract with the Owner is prevented
or affected or you otherwise suffer any loss or damage as a result of
events beyond either the owner's reasonable control. Such loss or damage
includes any delays to and or restrictions to your rental to which you
may be subject. |
16 Suitable persons
| 16.1 |
The Owner reserves the right to refuse to hand over a Motorhome to any
person who, in the reasonable opinion of the Owner is not suitable to
take charge of the Motorhome. In such cases of refusal, all payments
made by the Hirer will be refunded in full, but the Owner will have
no further liability in relation to the
aborted hire, nor to the person to whom hire was refused. |
| 16.2 |
The Owner reserves the right to cancel the hire if at Pick Up Date or
at any time during the Rental Term it becomes apparent that any of the
drivers' licence(s) are invalid or not in accordance with the Hirer's
Profile. In these circumstances all payments made by the Hirer will be
forfeited. |
17 Animals
No animals may be taken into or on the Motorhome unless the Owner has
indicated acceptance within the description of the Motorhome as displayed on the
Website. Please be advised that breakdown recovery agents are not obliged to
carry animals in their vehicles.
18 Smoking
No smoking at any time. Any cleaning cost needed by breaching this condition
will be charged to the hirer.
19 Breakdown
In the event of a breakdown or an accident, an emergency service is at your
disposal.
| 19.1 |
You are authorised to spend up to and including £50.00 on minor
component replacements such as bulbs, hoses and belts. The cost will be
refunded to you on the submission to the owner of a valid VAT receipt.
You are not authorised to carry out work or request others to carry out
work on faults or repairs. |
| 19.2 |
For faults and repairs over and above the £50.00 threshold (including
damage to windscreens and tyres), in the first instance call the Owner
and organise and coordinate assistance. The Owner is not responsible for
any consequential expenses or additional costs incurred by, for example,
hiring alternative vehicles, late arrival, missed ferries, additional
accommodation, travel expenses or any third party claims in connection
with a breakdown or accident. |
| 19.3 |
You will bear all costs of breakdown or repair in circumstances where
the incident is the result of negligence on your part, for example by
running out of fuel, filling a tank with the wrong fuel, locking keys
inside the Motorhome or losing keys. |
20 Accident
| 20.1 |
No responsibility is or can be accepted by the Owner for any loss or
damage or expense which occurs as a result of any accident. |
| 20.2 |
If you have been involved in an accident you must not admit
responsibility. You should obtain the names and addresses of all
involved, including witnesses. You should also make the Motorhome
secure, contact the police immediately if anyone is injured or if there
is any disagreement regarding who is responsible. You must also contact
the Owner as soon as possible. |
| 20.3 |
It will also be necessary for you to prepare an accident report and
send copies to both the Owner and the Motorhome Group. |
21 Disclosure of Information
If you break the Rental Contract, we will make available the information you
have provided to us to credit reference agencies, the Driver and Vehicle
Licensing Authority (DVLA), debt collectors and any other relevant
organisations. We are also entitled to pass this information on to the British
Vehicle Rental and Leasing Association (BVRLA), who in turn can pass it on to
any of its members for any purpose stated in the Data Protection Act 1998.
22 Ending the Rental Contract
| 22.1 |
The owner is entitled unilaterally to terminate immediately the Rental
Contract by notice in writing to you if:- |
|
22.1.1 |
any of these Terms are breached by you; |
|
22.1.2 |
you fail to remedy any breach having been requested to do so by the Owner; |
|
22.1.3 |
you are made bankrupt. |
| 22.2 |
If the owner ends the Rental Contract it will not affect the owner's
right to receive any money owed under the Rental Contract, including
under these Terms. At any time after the owner has terminated the Rental
Contract in accordance with this clause 21 or if you fail to return the
Motorhome upon the Return Date the Owner is entitled to repossess
the Motorhome and charge you for doing so. |
23 General
| 23.1 |
These Terms, Rental Schedule and the Reservation Details set out the
entire agreement relating to the rental of the Motorhome. You confirm
that in entering into the Rental Contract you have not relied upon any
representation of either the Owner not set out in these Terms. |
| 23.2 |
These Terms are not intended to nor do they confer any right or
entitlement on any third party whether under the Contract (Rights of
Third Parties) Act 1999 or otherwise. |
24 Jurisdiction
These Terms are governed in all respects by English Law and you submit to the
jurisdiction of the English Courts.
Back to motorhome hire