Motorhome Hire Terms and Conditions
(from March 2021)
1.1 The following definitions and rules of interpretation apply in Hire Agreement.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Collection Date: the first day of the Hire Period.
Collection Location: our premises situated at Lauriston Park, Pitchill, Evesham, WR11 8SN.
Conditions: these terms and conditions.
Deposit: the amount payable by you towards the Hire Payment upon signing the Hire Agreement.
Hire Agreement: the agreement whereby we agree to hire the Motorhome to you, subject to these Conditions.
Hire Payment: the payment due from you and payable to us to hire the Motorhome during the Hire Period.
Hire Period: the period of hire set out in the Hire Agreement.
Inventory: the list of items set out in the inventory which will be provided to you on the Collection Date.
Motorhome: the motorhome to be hired, brief particulars of which are contained or referred to in the Hire Agreement.
Order: your order to hire the Motorhome from us for the Hire Period.
Security Deposit: the amount payable by you against default of payment of any Hire Payment or any loss of or damage caused to the Motorhome as set out in the Hire Agreement.
Unauthorised Hire Payment Rate: £350 per day or such other rate which shall be set out on our website from time to time.
VAT: value added tax.
5.2 You shall pay the balance of the Hire Payment to us in the manner and in the amount set out in the Hire Agreement which in any event shall be not less than six weeks before the first day of the Hire Period unless we agree otherwise in writing. The Hire Payment shall be paid in sterling to our bank account, the details of which are set out in the Hire Agreement.
5.3 The Hire Payment is inclusive of VAT.
5.4 All amounts due under the Hire Agreement shall be paid in full without deductions.
5.5 If you do not make a payment to us on the due date we shall charge you interest on the overdue sum at the rate of 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after a court judgement has been made. You must pay us interest together with any overdue amount.
5.6 You shall pay the Security Deposit, on the Collection Date and, subject to clause 5.7, It shall be returned to you, less any deductions, within five business days of the end of the Hire Period.
In addition to being responsible to pay the Hire Payment, you shall be required to pay us:
7. Collection of Motorhome
8. Cancellation and Cancellation Fees
8.2 Notwithstanding the exemption referred to in clause 8.1, we will permit you to cancel this Hire Agreement upon giving us written notice, but if you do so, you will incur a cancellation fee calculated as follows (Cancellation Fee):
|Period before the Collection Date||Cancellation Fee|
|6 or more weeks before||25% of the Hire Payment|
|Between 3 and 6 weeks before||50% of the Hire Payment|
|Less than 3 weeks before||100% of the Hire Payment|
8.3 Where the Cancellation Fee is less than 100% of the Hire Payment and you have paid the Hire Payment on time in accordance with clause 5.2, we will refund the Hire Payment to you, less the applicable Cancellation Fee. This refund will be processed as soon as reasonably practicable to the same means of payment you used to pay the Hire Payment (e.g. same credit or debit card).
9. Risk and Insurance
9.2 The Motorhome will be your responsibility immediately upon its collection from us and you will be responsible for any loss, theft, damage or destruction of the Motorhome whilst it is in your possession and until it is returned to us.
9.3 We will arrange fully comprehensive insurance cover for the Motorhome during the Hire Period.
9.4 You must tell us immediately if the Motorhome is involved in an accident or suffers any damage or loss. You should:
(b) inform the police straight away if anyone has been injured or if there is a dispute over who might be responsible for the accident;
(c) take the name and address of any person with whom you have had the accident;
(d) take the name and addresses of any witnesses to the accident;
(e) (where you have the facility available e.g. using a mobile phone or camera) take photographs of the vehicles involved in the accident (including the Motorhome) and the surrounding area;
(f) not admit liability for the accident to any person; and
(g) as soon as reasonably practicable and in any event when we request, complete an accident report form and return this to us straight away.
10. Your responsibilities
10.1 You shall during the term of the Hire Agreement:
(b) comply with all of our lawful instructions issued or made available to you (e.g. on our website, contained within any FAQ or within any hire instructions);
(c) be responsible for the costs of any repairs arising as a result of damage caused to the Motorhome during the Hire Period where these are not covered by any of the insurances taken out and maintained in accordance with clause 9;
(d) make no alterations or additions to the Motorhome nor remove any existing items or components from the Motorhome;
(e) keep the Motorhome in your possession or control;
(f) keep the Motorhome clean and tidy;
(g) ensure that when the Motorhome is returned to us, the water system has been drained, the waste drainage container emptied, the toilet cleaned, and the toilet cassette emptied and cleaned;
(h) ensure that when the Motorhome is returned to us, the fuel and LPG are topped up to the same levels as they were when you collected the Motorhome; and
(i) return the Motorhome to the Collection Location at the end of the Hire Period. In the event the Motorhome is returned to us outside of our normal working hours, you will remain responsible for it until we have had the opportunity to inspect it.
10.2 You must not during the term of the Hire Agreement:
(b) allow any person who is not an authorised driver to drive the vehicle;
(c) use the Motorhome for any immoral, unlawful or illegal purposes;
(d) drive the Motorhome under the influence of alcohol or drugs;
(e) drive or use the Motorhome outside of mainland United Kingdom;
(f) drive to or use the Motorhome to attend any festival or large gathering;
(g) tow with the Motorhome;
(h) overload the Motorhome or travel with an unsecure or unsafe load;
(i) allow any person to service, maintain or carry out repairs on the Motorhome unless we have given our written permission;
(j) without our prior written consent, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Motorhome or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(k) do or permit to be done any act or thing which will or may jeopardise our rights, interests or ownership in the Motorhome;
(l) suffer or permit the Motorhome to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process; and
(m) do or permit to be done anything which could invalidate the insurances referred to in clause 9.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.3 We only supply the Motorhome for domestic and private use, it must not be used for any commercial purposes without our prior written consent.
11.4 In all other respects, our liability to you for breaking the contract, tort (including negligence) and failing to comply with any of our duties under the Hire Agreement is limited to the amount of the Hire Payment paid by you to us.
(b) you break any term of the Hire Agreement which, if capable of being remedied, is not remedied within 48 hours of the break arising;
(c) you do not collect the Motorhome on the Collection Date; or
(d) the Motorhome is damaged during the Hire Period to the extent it is no longer roadworthy or fit for hire.
12.2 If we end the contract in the situations set out in clause 12.1 we reserve the right to deduct or charge you reasonable compensation for the loss of hire charges we will incur as a result of your breaking the Hire Agreement.
12.3 We shall have the right to end the Hire Agreement at any time before the Collection Date for any reason. Where we end the Hire Agreement in this way, you will not be liable to make a payment otherwise due to us under clause 13.1(b) and shall be entitled to a refund of any payments made to us.
(b) without prejudice to any of our other rights or remedies, you shall pay to us on demand the Hire Payment and all other sums due but unpaid at the date of such demand together with any interest accrued.
13.2 Ending the Hire Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date the Hire Agreement ends, including the right to claim compensation from you for breaking the Hire Agreement which existed at or before the Hire Agreement comes to an end.
15.2 You shall not transfer your rights or your obligations under the Hire Agreement to another person unless we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of the Hire Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under the Hire Agreement or if we delay in taking steps against you in respect of your breaking the Hire Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and you and we can bring legal proceedings in the English courts.
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