For Hire Terms & Conditions

Motorhome Hire Terms and Conditions
(from March 2021)

Your attention is drawn to the terms set out and clause 11 in particular.
1. Interpretation

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.

1.2 A reference to writing or written includes email but not fax.

1.3 A reference to this agreement or to any other agreement or document referred to in this agreement is a reference to the Hire Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.

1.4 References to clauses are to the clauses of the Hire Agreement.

2. Basis of Contract

2.1 Your Order constates an offer by you to hire a Motorhome in accordance with these Conditions.

2.2 Your Order will only be accepted by us when we have accepted your Order at which point the Hire Agreement shall come into existence.

2.3 These Conditions apply to the Hire Agreement to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.4 For the avoidance of doubt any quotation given by us (whether online, over the telephone or in writing) shall not constitute an offer.

2.5 Once the Hire Agreement has come into existence, you will have no right of cancellation other than that set out in clauses 8.2 and 8.3 of these Conditions.

2.6 The Hire Agreement is exempt from the Consumer Contracts Regulations 2013. For more details, please refer to clause 8.1 of these Conditions.

3. Motorhome hire

3.1 We shall hire the Motorhome to you subject to the matters set out in the Hire Agreement which incorporate and are subject to these Conditions.

3.2 We cannot guarantee that the model of Motorhome or the specification you have requested in the Hire Agreement will be available on the Collection Date. We reserve the right to supply you with an alternative vehicle with a similar specification if we have one available. Full details of the Motorhome provided to you will be supplied on the Collection Date.

4. Hire Period

4.1 You will hire the Motorhome from us for the Hire Period set out in the Hire Agreement unless the Hire Agreement is terminated earlier in accordance with its terms. You must return the Motorhome to the Collection Location at the end of the Hire Period. If you fail to do so, in addition to any other rights and remedies we might have, you will pay for this unauthorised hire at the Unauthorised Hire Payment Rate on a per day or part thereof basis. You accept that it is fair and reasonable for us to charge the Unauthorised Hire Payment Rate to you as it foreseeable that we will incur the cost of having to hire another vehicle from another supplier to meet our commitments to other customers wanting to hire the Motorhome.

4.2 You must remove all of your personal possessions from the Motorhome when you return it at the end of the Hire Period. We shall be under no obligation to return these to you. Where we choose to return them to you, you shall be liable to pay us the costs of returning these to you.

4.3 The maximum Hire Period shall not exceed three months.

5. Hire Payment and Deposit

5.1 You will pay the Deposit when signing the Hire Agreement. This Deposit is non-refundable.

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.
5.7 If you
(a) fail to pay a Hire Payment due;
(b) cause any loss or damage to the Motorhome (in whole or in part);
(c) fail to return the Motorhome to us in a clean and tidy condition; or
(d) Incur any of the charges set out in clause 6
we shall be entitled to use the Security Deposit against such default, loss, damage or charge. If the loss or damage to the Motorhome or the charge (incurred pursuant to clause 6) exceeds the amount of the Security Deposit, we reserve the right to pursue you for any balance.

6. Charges

In addition to being responsible to pay the Hire Payment, you shall be required to pay us:

(a) Any costs incurred by us as a result of you failing to comply with your obligations under clause 10;
(b) The cost of fuel and LPG used if you have not replaced that which was in the Motorhome when you collected it from us;
(c) All fines and costs arising from parking, traffic and other offences;
(d) The cost of all repairs for damage occasioned to the interior or exterior of the Motorhome during the Hire Period, regardless of who was responsible for the damage;
(e) Compensation for lost income if we cannot hire the Motorhome out to other customers as a result of you breaking the Hire Agreement;
(f) The costs of recovering the Motorhome if you fail to return it to us at the end of the Hire Period to include the cost of accessing the Motorhome and making good any damage arising therefrom;
(g) The cost of valeting the Motorhome if it is not returned to us in a clean and tidy condition;
(h) The cost of replacing any items contained within the Inventory which were present at the beginning of the Hire Period; and
(i) The cost of any insurance excess arising under the insurance policy referred to in clause 9.3.

7. Collection of Motorhome

7.1 You shall collect the Motorhome from the Collection Location or such other location as we shall let you know in writing prior to the Collection Date. Our standard collection times will be made available on our website. If you wish to collect the Motorhome outside of these hours, you will need to contact us to make special arrangements but we cannot guarantee that we will be able to accommodate your request.

7.2 We shall use our reasonable efforts to make the Motorhome available for the Collection Date. However, if there is any delay in making the Motorhome available to you caused by an event outside of our control, we will contact you as soon as we become aware of the delay and will take steps to minimise the effect of the delay. Provided we do this, then we will not be liable for any delays caused by the event, but if there is a risk of a substantial delay you may contact us to end the Hire Agreement.

7.3 You must make sure that you are present on the Collection Date and we will not release the Motorhome to any other person. The collection of the Motorhome by you shall be conclusive evidence that you have examined the Motorhome and found it in good condition, complete, clean and undamaged. We will ask you to sign a handover acceptance form confirming your acceptance of the Motorhome in that condition.

7.4 You should also make sure that all items contained within the Inventory are present and correct. You must tell us if any items in the Inventory are missing and we shall use our reasonable efforts to provide these to you. If any item contained within the Inventory is not available, we will use our reasonable efforts to supply you with a replacement item or a suitable substitute as soon as reasonably practicable.

8. Cancellation and Cancellation Fees

8.1 You do not have a statutory “cooling off period” or other right to cancel this agreement. Regulation 28(1)(h) of the Consumer Contracts Regulations 2013 specifically excludes contracts for vehicle rental services if the contract provides for a specific date or period of performance.

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

9.1 The Motorhome shall at all time remain our property and you have no right to use it other than in accordance with the Hire Agreement.

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:
(a) make the Motorhome secure;
(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:

(a) ensure that the Motorhome is operated in a proper manner in accordance with the Motorhome manufacturer’s recommendations and all applicable laws;
(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:
(a) hire the Motorhome to another person, or use it for reward;
(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. Our responsibility for loss or damage suffered by you

11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen.

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.

12. Our rights to end the Hire Agreement

12.1 We may end the Hire Agreement at any time if:

(a) you do not make any payment due to us on the date for payment;
(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.

13. Consequences of ending the Hire Agreement

13.1 Following the end of the Hire Agreement:

(a) under clause 1(a) and (b): Our consent to your possession of the Motorhome shall end and we may, at your expense ( to include including any locksmith, storage, insurance, repair, transport and legal costs) and without notice, retake possession of the Motorhome and in order to do this, to enter any site of premises where the Motorhome is kept or stored with a view to removing it; and
(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.

14. Personal Information

We will only use your personal information as set out in our Privacy Policy. A copy of this policy may be found at https://www.nickwhalemotorhomes.co.uk/privacy-policy.

15. Other important terms

15.1 We may transfer our rights and obligations under the Hire Agreement to another organisation.

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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