BOOKING TERMS
1 RESERVATIONS & BOOKINGS
1. The Hire Charge for the Booking shall be as stated in the Booking Form or quotation. The Hire Charge is inclusive of VAT.
2. The Booking Deposit is 40% per week of Hire and payable at the time of making a reservation. The Booking Deposit is non-refundable under any circumstances and shall be deducted from the Hire Charge.
3. Confirmation of Booking will either be e-mailed to you within 24 hours, together with an invoice showing the balance of Hire Charges and the Security Bond. The Hire Charge invoice is due for payment no less than 4 weeks prior to the commencement of Hire. The Security Bond can be paid in advance or on the day of collection.
4. The Company reserves the right to make an Administration Charge of £25.00 for any changes requested to the original reservation details.
5. The Company reserves the right to vary the Hire Charges at any time without prior notice. Occasionally the Company is unable to supply the motorhome at the quoted price. If this is the case the Company will offer a full refund of any monies paid.
2 INSURANCE
1. Fully Comprehensive Insurance cover is provided for the duration of the Hire Period and covers the Vehicle, Vehicle Equipment, the Driver(s) and Permitted Passengers only. The cost of this insurance is included within the Hire Charge. The Customer’s personal property is not covered under such insurance.
2. The Company will in some cases, incur additional Charges if the Driver to be insured has, for example, a traffic conviction or using a non-UK driving licence. These Charges will be passed onto the Customer.
3. The Hire rate quoted includes a standard insurance excess of £750.00.
4. In the event of any damage to either the Vehicle or third party property, the Customer will be liable for the first £750.00.
5. Any damage to tyres, windows and windscreens and any theft of personal property are not covered by the Company’s insurance, and any such damage shall be at the Customer’s expense.
6. Driving by non-named Drivers and any late returns of the Vehicle renders the insurance invalid and the Driver therefore commits an offence under the Road Traffic Act, and will be solely responsible for any damage or personal injuries incurred.
7. Invalid insurance also means the Driver and Customer becomes personally liable for:
i. any accident or damage to the Vehicle.
ii. any injury or damage to any third party.
8. Any accident or any damage to the Vehicle must be reported to The Company immediately by telephone and in any event within 24 hours. The Customer must complete an accident form at the end of the Hire Period.
9. Travel insurance is the responsibility of the Customer and it is recommended that the Customer obtains such travel insurance to cover cancellation costs, personal luggage, money loss, personal accident and medical expenses.
10. Even though it may be covered by The Company’s insurance the Customer shall be liable to pay the cost of repair for any damage, which the Vehicle may suffer as the result of the wilful or negligent action of the Customer.
11. Prior permission from The Company must be obtained if the Vehicle is to be taken to festivals and concerts. An increased Security Bond may also be payable, if permission is granted.
12. Use for hire or reward is not permitted.
13. The Customer is responsible for all loss or damage arising from theft whilst the ignition keys of the Vehicle have been left in or on the Vehicle.
3 COLLISION DAMAGE WAIVER (CDW)
CDW insurance is available at an additional cost of £15.00 per day of hire (£75 minimum/£200 maximum) and will reduce the excess for any damage caused in a collision to either the Vehicle or third party property to zero. The Customer will however be fully liable for replacement or repair to windows or tyre damage or damage caused due to negligence. CDW Insurance is completely optional and can be decided upon collection of your Vehicle. After the Hire has commenced, CDW insurance cannot be taken out.
4 OVERHEAD DAMAGE
All Drivers must be aware of the unusual height of the Vehicle and are responsible for all damage caused if driven under an obstruction that is too low for it to clear – the obvious examples are low bridges and height restrictions into car parks etc. In this event neither the Basic Insurance nor Collision Damage Waiver Insurance will apply and the Customer will be responsible for the cost to repair of all damages.
5 SECURITY BOND
There is a refundable Security Bond from £1,000.00 payable on the day of Hire by debit/credit card. The transaction is charged as a pre-authorised payment which holds the money in your account. The hold is automatically cancelled by your bank within seven days of return of the Vehicle to the agreed location, on the agreed date and time, in the same condition as it was hired out, with the toilet empty, the interior clean including all cooking appliances, and the fuel tank full. The Company reserves the right to increase the Security Bond for specific events e.g. World Cup events, Festivals.
Note: Where the Customer has opted for the CDW option, no excess will be charged in the event of a collision, but they should be aware that the Security Bond will be used to fund any loss or damage whatsoever to equipment, fixtures and fittings, windows, tyres or negligent damage to the Vehicle. Should these damages exceed the Security Bond the Customer will be liable for the total cost and the difference will need to be settled within seven days of returning the Vehicle.
6 DRIVERS
1. The age of Drivers is restricted to those over 30 and under 70 years old, this is due to insurance restrictions, they must be of good health and have held a UK driving licence for at least 3 years. Persons outside this bracket may be insured with an additional premium and at our insurer’s discretion.
2. Only persons named as Drivers on the Booking Form at the time of Hire may drive the Vehicle.
3. Driving licences must be produced before the commencement of the Hire and should have no more than six penalty points (any endorsements may incur additional Charges).
4. An insurance proposal form shall be completed by each & every Driver.
5. Visitors from abroad must produce a valid unendorsed domestic driving licence or a current International Driving Permit or Licence. Foreign licence holders will incur an additional insurance surcharge
6. Proof of identity must be provided at the commencement of the Hire, 2 separate forms of identification. i.e. driving licence and passport (or other satisfactory photo ID) and recent utility bill (or other satisfactory proof of address).
7. Drivers must be able to demonstrate that they have driven on a regular basis for at least 3 years and feel confident to drive a Vehicle of the dimensions of the Vehicle Hired.
8. Drivers are personally liable for all legal penalties (e.g.: parking tickets, Congestion Charges, speeding fines) which are incurred during the Period of Hire.
9. Details of all additional Drivers are required and all Drivers must be present at handover of the Vehicle.
10. Maximum of 3 Drivers per Rental.
11. All current and previous motoring offences, including drink driving offences are to be disclosed to The Company upon Booking. Any current endorsements will incur an additional insurance surcharge. The insurance surcharge may vary depending on the offence endorsement code and when the endorsement was issued. The insurance surcharge will be notified to you prior to the Hire commencement. The insurance surcharge must be paid prior to the Hire commencement
12. The Company reserves the right, at its sole discretion, to refuse permission to Drivers to drive the Vehicle, for whatever reason.
7 BASIS OF THE HIRE
1. These Conditions shall govern the Contract and all other terms and conditions are excluded. No variation to these Conditions shall be binding unless expressly agreed in writing by the parties.
2. The Company’s employees or agents are not authorised to make any representations or recommendations or give any advice concerning the Vehicles unless expressly confirmed by The Company in writing.
3. All drawings, descriptive matter, specifications and advertising issued by The Company and any descriptions or illustrations contained in The Company’s catalogues, brochures or web site are issued or published for the sole purpose of giving an approximate idea of the Vehicles described in them. They will not form part of this Contract.
4. Hire rates quoted include:
i. VAT at the current rate
ii. Unlimited miles
iii. UK standard Vehicle insurance
iv. UK standard equipment & breakdown
8 MINIMUM HIRE PERIOD
The minimum Hire Period is 7 days depending on the season. Please check with The Company at the time of Booking.
9 CANCELLATION OF BOOKINGS AND NO SHOWS
1. Any cancellations must be made to The Company in writing and will be Charged as follows:
2. For cancellation, more than 6 weeks prior to the commencement of the Hire Period the Customer will forfeit the Booking Deposit.
3. For cancellation, less than 6 weeks prior to the commencement of the Hire Period or failure by the Customer to turn up for the commencement of the Hire Period the Customer will be liable for the full Hire Charge.
4. The Company recommend that the Customer takes out its own cancellation insurance.
5. The Company reserves the right to cancel the Booking before commencement of the Hire Period if the Named Driver(s) Licences are invalid or do not comply with the information stated on the Booking Form. In this case the Customer will forfeit the total Hire Charge will be forfeited.
10 VEHICLE CONDITION
1. The Customer acknowledges delivery of the Vehicle and the contents are free from any defect or damage and complete other than as specified by the Company and agreed at the date of commencement of the Hire. The Customer, is therefore, advised to check the Vehicle thoroughly before leaving The Company’s premises.
2. Upon return The Company’s representative will check the Vehicle for damage, cleanliness etc., including the condition of the tyres and windscreen which are not included in The Company’s insurance cover, any such damage being the Customers responsibility. An additional Charge may be made for cleaning the interior.
11 AVAILABILITY
1. Availability will only be confirmed at the time of reservation. A reservation is only binding after it has been confirmed by The Company and the Booking Deposit has been received.
2. Whilst every effort is made to ensure that the Vehicle reserved is available, if due to circumstances beyond The Company’s control the reserved Vehicle is not available, The Company reserves the right to offer a suitable alternative. If this is not available or acceptable the liability of The Company will be limited to the refund of any monies paid by the Customer.
12 PAYMENT
1. Once the reservation is confirmed, an invoice will be issued by e-mail for the remaining balance and Security Bond. Settlement of this invoice must be made no less than four weeks prior to departure. The Company reserves the right to cancel the Booking if payment is not received four weeks prior to departure.
2. Payment can be made by internet banking, credit card, debit card or in Pounds Sterling.
3. For late Bookings (less than four weeks before departure) the full Hire price is payable on Booking. Vehicles will not be released without full payment being made. For Bookings less than 2 weeks prior to departure cleared funds will be required.
13 CREDIT CARDS
For payments by credit card, The Company can only accept Visa and MasterCard.
14 COLLECTION & RETURN
1. Unless otherwise arranged in writing your Vehicle will only be available for collection at the set time stated on your booking confirmation (standard pickup time is 15:00) and is to be returned to us between 08:00 and 11:00 on the due date.
2. To complete the documentation and allow us to demonstrate your Vehicle to you, please allow 1 hour for the hand-over. It is the Customer’s responsibility to check that on collection of the Vehicle that any damage or defects are confirmed with The Company.
3. Please allow the same time on your return so that we can check the Vehicle for damage & cleanliness etc.
4. The Vehicle must be returned on the date, and on or before the time stated on the Rental Agreement.
5. Vehicles must be returned clean and in the same condition as they left, otherwise a Charge of £75.00 will be made.
6. The Customer is responsible for emptying the toilet prior to returning the Vehicle. Failure to do so will incur a surcharge of £75.00.
7. If you will be late returning, The Company must be advised immediately. Failure to advise us could result in a prosecution for driving whilst uninsured. An additional hourly Charge of £100.00 will be made for all late returns, together with any additional costs incurred by The Company.
8. No refund will be given for an early return of the Vehicle.
15 DELAYS
Whilst we will endeavour to make every effort to ensure the Vehicle is ready at the agreed time, circumstances may arise out of our control and we accept no liability other than, the refund of Hire hours or days lost.
16 THE COMPANIES OBLIGATIONS
1. The Company shall endeavour to make the Vehicle available to the Customer for the Hire Period.
2. The Vehicle is insured by the Company and is roadworthy and complies with the requirements of the Road Traffic Acts (and all regulations made under those Acts) relating to Vehicles. Details of the Company’s insurance are available on request.
17 Premises
Located at 360 Bitterne Road, Southampton SO18
18 OPENING HOURS
OFFICE:
Monday to Friday: 09:00 – 17:00
Saturday: 09:00 – 16:00 except winter months
Sundays & Public holidays: By arrangement
19 ONE WAY TRIPS
One way trips are not permitted.
20 BREAKDOWNS
1. Every effort is made to ensure the Vehicle is in a roadworthy and safe condition prior to each and every Hire. In the unlikely event of a breakdown, the AA Emergency Services is at the disposal of the Customer, and:
1. The Customer will pay for an AA call out when the vehicle hasn’t broken down due to a mechanical fault eg. being stuck in mud or having a flat battery due to charging items from the vehicle battery
2. The Customer is authorised to spend up to £50.00 on necessary repairs, which will be reimbursed to him on presentation of a valid VAT receipt.
3. Prior approval by the Company must be obtained in respect of repairs / replacements in excess of £50.00.
4. The Company is not under any circumstances responsible for any consequential expenses, curtailment of, or delay to the Period of Hire or any third-party claims for damages in connection with or consequent upon any accident or breakdown.
5. The Company will be entitled to Charge the Customer in circumstances where any request for a recovery and repair service is as a result of the Customer’s negligence, including but not limited to flat batteries, running out of fuel, wrong fuel used, keys locked inside the Vehicle or losing the Vehicle’s keys.
6. Any breakdown, malfunction or damage caused by the Customer’s negligence must be repaired/made good by the Customer at the Customer’s expense.
7. Minor running repairs such as tyres, bulbs, oil and aerials are the responsibility of the Customer.
8. The Company dissolves any responsibility for hotel or any other consequential expenses subsequent to a breakdown. However, we will refund the loss of any complete days use of the Vehicle providing you have documentation to support this claim.
21 ACCIDENTS
1. In the event of an accident involving the Vehicle, the Customer shall notify The Company immediately after the event or as soon as practically possible, thereafter a complete accident report form must be handed to The Company at termination of Hire.
2. The maximum height of your Vehicle is clearly stated. Any overhead damage is the responsibility of the Customer.
22 FUEL, OIL & COOLANTS
1. At the commencement of the Hire Period the Vehicle is supplied with a full tank of fuel. The Customer is expected to return the Vehicle at the end of the Hire Period with a full tank of fuel.
2. Any fuel shortage will incur a surcharge of £30.00 to the Customer plus the cost of fuel for any shortage.
3. The Customer will be liable if the incorrect fuel type is used.
4. The Customer is responsible during the Hire Period for the regular checking of oil and water levels, this should be undertaken at least at every fuel filling. Failure to do so may result in engine damage for which the Customer will be responsible.
23 GAS
1. Two gas bottles are provided with the Vehicle at the commencement of Hire, at least one will be full.
2. The cost of any refills thereafter shall be the responsibility of the Customer, who shall ensure that two bottles of the same type and size are returned with the Vehicle at the end of the Hire Period.
3. Any cylinders lost or incorrectly exchanged will be Charged to the Customer.
24 LIABILITIES
1. The Customer shall be responsible for damage to windscreens, tyres, punctures and all costs and expenses incurred as a result of offences against the Road Traffic Acts and / or regulations thereunder, and indemnifies The Company from any liability.
2. The Customer shall ensure that the Driver and all passengers required by law to do so shall at all times when the Vehicle is being driven wear the seat belts provided.
3. The Customer shall be responsible for all The Company’s uninsured losses, which may arise as a result of the Hire.
25 ADMINISTRATION CHARGES
The Customer agrees that should The Company receive penalty Charge notices for speeding, parking fines or Congestion Charges then a minimum administration fee of £25.00 will be added to the Charge to cover administration and postage costs.
26 SMOKING
The Company operates a strict no smoking policy and therefore smoking is strictly forbidden in all our motor homes. The Customer will automatically lose their entire Security Bond is there is evidence or we suspect that smoking has occurred in the Vehicle when it is returned.
27 THE CUSTOMERS USE OF THE VEHICLE
1. The Vehicle and its contents remain the property of The Company at all times.
2. The number of permitted passengers is shown on the Booking Form.
3. The Customer:
i. agrees to provide the names of its passengers and nominated Driver(s) to The Company at the time of Booking.
ii. is responsible for the security of the Vehicle. The Customer must ensure that if the Vehicle is left unattended at any time that it is securely locked and parked in a safe, well lit location.
iii. must take every precaution to prevent loss from or theft of the Vehicle.
iv. will be responsible for the control of the Vehicle during the Hire Period;
v. is liable for any cost incurred while using the Vehicle during the Hire Period for speeding or parking fines, Congestion Charges or any other offences committed against the Road Traffic Act regulations or any other applicable regulations;
vi. shall ensure that the Driver(s) shall at all times while driving the Vehicle drive in a cautious and prudent manner and will not use the Vehicle in a manner which is likely to cause damage to the Vehicle or to a third party;
vii. shall not carry more passengers than the number set out on the Booking Form and will ensure that the Driver(s) and all passengers required by law to do so shall, at all times when the Vehicle is being driven, wear the seat belts provided;
viii. will be liable for all overhead damage to the Vehicle resulting from any accident. The maximum height of the Vehicle is clearly stated in the Vehicle documentation;
ix. must ensure that the Driver(s) do not drink and drive;
x. must not tow any trailer or other Vehicles behind the Vehicle;
xi. must not allow the Vehicle to exceed the permitted Gross Vehicle Weight;
xii. must not use the Vehicle to carry passengers or goods for Hire or reward and shall not lend or Hire the Vehicle to a third party;
xiii. must not use the Vehicle for, or in conjunction with any race, competition or trial;
xiv. must not create a lien on the Vehicle for any reason.
28 FORCE MAJEURE
The Company shall not be liable for any failure to perform or delay in performance of its obligations under the Contract due to any event of Force Majeure. If any event of Force Majeure delays that prevents The Company’s performance of its obligations The Company shall notify the Customer as soon as reasonably possible and use reasonable endeavours to make acceptable equivalent substitute arrangements for the Hire Period.
29 ASSIGNMENT
1. The Hirer shall not be entitled to assign the Contract or any part of it without the prior written consent of The Company.
2. The Company may assign the Contract or any part of it to any person, firm or company.
30 PARKING
The Company offers free car parking for the Customer’s car during the Hire Period only. One allocated parking space is guaranteed per Booking. Additional vehicle parking may be available subject to spaces being available. All vehicles are left entirely at the owner’s risk.
31 DEFINITIONS & INTERPRETATION
1. DEFINITIONS
1. ‘I’, ‘me’ and ‘my’ refers jointly and severally to the person or persons who are the Customers. ‘This Agreement’ means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other The Company literature, the provisions of these Terms and Conditions apply.
2. ‘The Company’ or ‘The Company’ means Hampshire Executive Travel Ltd, 360 Bitterne Road, Southampton, SO18 1DR.
3. ‘Customer’ means the person or persons nominated as the Customer under the heading ‘Hire Details’ on the Insurance Motor Rental Agreement and any person whose credit card is presented in payment for the Customer’s Charges.
4. ‘Living Equipment’ includes but is not limited to Flat Screen TV/DVD, CD player, crockery, cutlery, cooking utensils, pillows, sheets and towels.
5. ‘Collision Damage Waiver’ (CDW) will reduce the excess for damage due to a collision to either the Vehicle or third party property to £0. The Customer will however be fully liable for replacement or repair to windows and windscreen, tyre damage or damage through negligence. Applies in respect of each claim, not Rental. Minimum term for CDW is five days.
6. Should the Terms and Conditions not be adhered to, the CDW will be void and the Customer will be liable in full for all damages.
7. ‘Rental Period’ means the Hire Period referred to under the heading ‘Booking Details’ on the Rental Agreement or any agreed variation thereof and any additional Period during which the Vehicle is in the Customer’s possession or control.
8. ‘Vehicle’ means the Vehicle described under the heading ‘Vehicle Details’ on the Rental Agreement and includes tyres, tools, accessories, the living equipment and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of The Company.
9. ‘Security Bond’ means the Vehicle Security Bond detailed under the heading ‘Vehicle Security Bond’ in the Insurance Motor Rental Agreement. Should any damages exceed the Security Bond the Customer will be responsible to settle all additional costs over and above the Security Bond value.
10. ‘Drivers’ and ‘Passengers’ are those listed on the ‘Booking Form’.
11. ‘Hire Charge’ means the amount Hampshire Executive Travel ltd charge for the Motorhome and any other additional items for the period agreed.
2. DELIVERY AND RETURN OF THE VEHICLE
1. I acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Departure Checklist, with a full fuel tank and two gas bottles.
2. I agree to return the Vehicle in a clean condition with a full fuel tank, and two gas bottles on the return date and time set out under the Rental Agreement.
3. I acknowledge that The Company will not refund to me any monies, nor have any obligation to provide a replacement Vehicle, if the Vehicle is returned or I cease to have use of the Vehicle or an item of equipment on the Vehicle prior to the return date for any reason e.g. accident, weather, theft or damage.
3. RENTAL AND OTHER CHARGES
1. All Rental Charges.
2. The Security Bond.
3. The nominated cleaning fee if the Vehicle is not returned with the interior in a suitably clean condition.
4. The nominated additional fee if the toilet and waste water tank are not emptied prior to the return of the Vehicle.
5. The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the Vehicle.
6. The cost of any damage to the Vehicle or the property of any third party, subject to the insurance or CDW cover.
7. The Collision Damage Waiver fee, if applicable.
8. All government fees and duties etc.
9. All parking fines, other fines or penalties, and/or accidents including third party property damage not reported on return of the Vehicle; and associated administration costs incurred in relation to the Vehicle during the Rental Period.
10. Any other fees or Charges payable by me pursuant to this Agreement. This includes any costs incurred by The Company as a result of any breach by me of the terms of this Agreement.
11. The daily Rental rate for the Period the Vehicle is off fleet for accident repairs (demurrage)
12. Any additional costs over and above the Security Bond value should damages exceed the Security Bond value.
13. The cost to recover a Vehicle which has become bogged.
4. ERRORS IN RENTAL CHARGES
Total Charges as set out therein are not final. I will pay any shortfall in Charges to The Company and I will receive a refund for any overcharge acknowledged by The Company;
5. PAYMENT OF CHARGES, JOINT AND SEVERAL LIABILITY
All Charges and expenses payable by me under this Agreement are due on demand by The Company. If I do not pay all Charges when due, I agree to pay a late Charge of 1.5% per month on the outstanding balance and any collection costs incurred by The Company, including reasonable legal fees. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this Agreement.
6. CREDIT CARD PAYMENT
1. The Company will accept payment by credit cards approved by The Company
2. When payment is paid by credit card, I agree that;
2.1. The Company is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the Vehicle or to property of a third party and all other additional Charges as they are incurred (including all parking and traffic infringement penalties, road toll fines, Congestion Charges, and associated administration costs);
2.2. I will not dispute my liability to The Company for any amount due under this agreement and I shall indemnify and keep indemnified The Company against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
2.3. The Company may process the credit card voucher; in the event that The Company elects to accept payment of the Security Bond by holding an open payment which will be cancelled at the completion of the Rental Period, I agree that The Company is entitled to recover payment from my credit card issuer pursuant to paragraph (1) in respect of any amounts due which were not known at the time of cancelling the open payment.
3. I acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card and the amount refunded within 7 days after the expiration of the Rental Period. I release The Company from any liability for such variation.
7. MY WARRANTIES
I warrant that all information supplied by me to The Company in connection with this agreement is true.
8. VEHICLE DAMAGE – INSURANCE COVER
1. I am aware that;
2. The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the Customer or their possessions.
3. I will have to pay an excess for any damage (unless CDW is used). The insurance excess is £750.00
4. The excess may be reduced or removed, in most circumstances, by taking out a CDW. The CDW, if any, accepted by me, is set out under the ‘Rental Description’ on the Rental Agreement
5. I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement
6. In the case of winter Hire, The Company will not be and cannot be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the Customer.
7. I will be responsible for any damage caused through negligence and will not be covered by the insurance including CDW should I drive into, or reverse into any objects e.g. bridges, overhead signs, trees etc or cause any other damage through negligence.
9. SECURITY BOND
1. On taking delivery of the Vehicle, I agree to pay the Security Bond
2. I irrevocably authorise The Company to deduct from the Security Bond any amounts due by me to The Company arising out of this Agreement.
3. The Security Bond will be refunded within 7 working days of the Vehicle being returned to the correct location, undamaged, with a clean interior with a full fuel tank. We reserve the right to retain a fee if the Vehicle is not returned with the interior in a clean condition. Also the toilet and waste water tank must be emptied prior to the return of the Vehicle or an additional fee will be retained.
4. Should any damages exceed the Security Bond the Customer will be responsible to settle all additional costs over and above the Security Bond value.
10. ROAD RESTRICTIONS
1. All Vehicles may only be driven on sealed / bitumen roads.
2. I acknowledge that The Company reserves the right at any time, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
11. USE OF THE VEHICLE
1. I agree that during the Rental Period, I will not and will not allow the Vehicle to be;
2. Driven otherwise than in a cautious, prudent and normal manner;
3. Used in a manner which could cause damage.
4. Driven in a prohibited area or in an area other than the areas indicated by me to The Company;
5. Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
6. Left with the ignition key in the Vehicle while it is unoccupied.
7. Left unoccupied without the steering wheel security lock applied and the DVD screen covered.
8. Driven by persons :
8.1. Under the age of 30 years; or
8.2. Who are not authorised by law to drive the Vehicle. Particulars of a proposed licensed Driver of the Vehicle are set out under the heading ‘Driver Details’ in the Motor Rental Agreement.
9. Damaged by :
9.1. Submersion in water
9.2. Contact with Salt Water
10. Used for any illegal purpose for any race, rally or contest.
11. Used to tow any Vehicle or trailer unless previously approved by The Company.
12. Used to carry passengers or property for Hire or reward.
13. Used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement.
14. Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material.
15. Otherwise used in breach of my obligations under this Agreement.
12. ALTERATIONS TO THE VEHICLE
I shall not make any alterations or additions to the Vehicle without the prior written consent of The Company
13. PETS
I will not allow any animals to enter in the Vehicle, unless previously agreed with The Company.
14. PASSENGERS
The Company authorises the use of these Vehicles up to the stated number of passengers. Each person is to use the safety restraints provided at all times whilst the Vehicle is in motion. Child seats are not available and it is the responsibility of the Customer to supply and fit them themselves.
15. MAINTENANCE
1. I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, coolant and batteries.
2. I acknowledge that The Company will reimburse me for expenditure up to £ 50.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD equipment) Provided That:
2.1. I produce relevant receipts: and
2.2. I have received the prior consent of The Company;
2.3. The damage is not due to my fault or my breach of this Agreement.
3. Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres damaged during the Rental Period PROVIDED THAT The Company will reimburse me for expenditure reasonably incurred if;
3.1. I produce relevant receipts;
3.2. The tyre is defective and is returned by me to The Company for inspection; and
3.3. The manufacturer accepts liability under his warranty,
4. I will be liable for any costs associated with the incorrect use of fuel. All The Company Vehicles run on DIESEL.
16. RESPONSIBILITY WHEN ACCIDENT OCCURS
1. In the event of any accident, loss or damage arising out of the use of the Vehicle, I will
1.1. Notify The Company within 12hrs of the happening of the event;
1.2. Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
1.3. Complete an accident report form as supplied;
1.4. Not make any admission of liability to other parties, settlement offer or other like offer;
1.5. Assist The Company in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
2. I acknowledge that the excess or other amount due by me in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the Rental Period.
3. I will pay for any costs relating to the delivery of a change over Vehicle as a result of an accident regardless of which party is at fault.
17. TERMINATING THE AGREEMENT
I acknowledge that The Company may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the Vehicle, including towing charges if;
1. I am in breach of any term of this Agreement;
2. I have obtained the Vehicle through fraud or misrepresentation;
3. The Vehicle appears to be abandoned
4. The Vehicle is not returned on the agreed return date or The Company reasonably believes that the Vehicle will not be returned on the agreed return
5. The Company considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is in danger. I understand that in the event of such termination or repossession, I have no right to a refund of any part of the Rental Charges or the Security Bond
18. CHANGE OF VEHICLE
The Company reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle hired. In that event, I shall not be liable for any increased Rental or other Charges save for any additional running costs pertaining to the substitute Vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.
19. RELEASE AND INDEMNITY OF THE COMPANY
1. Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, I release The Company, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:
1.1. Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
1.2. Any loss or damage to any property left in or on the Vehicle, in any service Vehicle or on any The Company premises or recovered or handled by The Company.
2. Subject to any insurance arrangements agreed with The Company, I hereby indemnify and shall keep indemnified The Company, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle.
20. TITLE TO VEHICLE
I acknowledge that The Company retains title to the Vehicle and its contents and that I possess the goods as a mere bailee only. I do not have any right to pledge The Company’s credit in connection with the Vehicle and agree not to do so. I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on Hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
21. CHANGES
Any changes to this agreement must be in writing and must be signed on behalf of The Company and by me.
22. FORCE MAJEURE
We will make every effort to ensure that the reserved Vehicle is available for you at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Vehicle is not available our liability is limited to the refund of all monies paid by you.
23. PROPER LAW
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement. The Company reserves the right to add or amend any Rental Charges without prior notice.