DEFINITIONS In these Terms and Conditions: "Conditions" means these Terms and Conditions, "Hire Period" means the period for which you have agreed to hire the Vehicle, "Owner" means the owner of the Vehicle that you are hiring, "us or we" means Yorkshire Motorhomes Ltd., "Vehicle" means the vehicle that you have agreed to hire "you or your" means you, the hirer
YOUR CONTRACT WITH THE OWNER We offer motorhomes for hire strictly in accordance with these Conditions. We act solely as agent for the contract for hire between the Owner and you. Please read this agreement carefully. By placing an order with us and by taking the Vehicle you will be deemed to have read, understood and agreed to these Conditions. No additions, alteration or substitution of these Conditions shall bind us or the Owner unless they are expressly accepted in writing by a person authorised to sign on the Owner's behalf.
BOOKING CONFIRMATION AND PAYMENT Charges for the Hire Period ("the Hire Charge") are based on our price list at the time of booking. An initial payment of 20% for the total amount of the Hire Period is required to confirm the booking. This is a deposit ("the Deposit") which is non-refundable. A binding contract for the hire will come into existence when we issue your booking acceptance. We are under no obligation to accept any booking. The balance of the Hire Charge ("the Balance") is payable ten weeks prior to the start date of the Hire Period, or at the time of booking if you book less than ten weeks from the start date of the Hire Period. Where you choose to pay by credit card we will make a charge of 3.00% in respect of each payment by credit card. There is no charge for debit cards. Any amendments to a booking, once confirmed, will incur a £20 administration fee.
RENTAL PERIOD Unless otherwise agreed with the Owner, the Vehicle will be available on the day of collection from the agreed location at the agreed time and must be delivered back to the agreed location at the agreed time on the last day of the Hire Period. If you do not bring the Vehicle back on time you will be liable to be charged for every day or part day you have the Vehicle after you should have returned it at the daily rate of the Hire Charge plus 50%. Should the late return of the Vehicle make us liable for extra costs (e.g. compensation of the next hirer) we reserve the right to recover these costs from you. There are no refunds for Vehicles returned early.
YOUR CANCELLATION OF HIRE All cancellations must be notified in writing to us by first class post to our registered office but please call us immediately to inform us as this will improve the chances of rehiring the Vehicle. If notice of cancellation is received in writing to our registered office more than 6 weeks prior to the commencement of the Hire Period, the Deposit will be forfeited. Should you cancel within 6 weeks of commencement of the Hire Period all of the Hire Charge will remain due and payable.
OUR RIGHTS OF CANCELLATION
We and the Owner reserve the right to cancel the hire if, at the commencement of the Hire Period - the driver's licences are invalid - you have not provided the required documentation (referred to in Condition 10) to the Owner. In these circumstances the total Hire Charge will be forfeited.
If you fail to pay the Balance at least ten weeks prior to the commencement of the Hire Period or at the time of booking if your booking is less than 6 weeks from the commencement of the Hire Period or if you fail to provide any details that we request that you provide (referred to in Condition 10) we reserve the right to cancel the hire. In these circumstances you will forfeit the Deposit and we reserve the right to retain or require payment of an appropriate proportion of the Balance as compensation for loss of revenue.
We and the Owner have the right to cancel the hire and refuse to hand over the Vehicle to any person who, in the reasonable opinion of the Owner or Us, as applicable, is not suitable to take charge. In such cases, the Hire Charge paid will be refunded in full save for where it is reasonable for us or the Owner to cancel the hire in which case you will forfeit the Deposit and we reserve the right to retain or require payment of a proportion of the Balance as compensation for loss of revenue. Should the hire be cancelled under this Condition 6 neither the Owner nor us has any further liability. You are strongly advised to insure against unavoidable cancellation.
AVAILABILITY Occasionally motorhomes are not available as agreed. If your booking has to be cancelled because the vehicle that you booked is no longer available we, on behalf of the owner, will offer you the choice of an alternative vehicle. This may be of similar size to the vehicle booked or larger, and will be similarly equipped. In this event, you will not be liable for higher rental charges. If a smaller vehicle is offered and accepted, the difference in charges will be refunded. If a larger vehicle is offered, neither we nor the Owner are not liable for additional expenses e.g. higher ferry charges, fuel costs and road tolls Apart from as mentioned in this condition no liability will be accepted for any expenditure (including increased travel expenses to the vehicle) should you agree to the hire of the alternative vehicle.
THE HIRE INSURANCE The Vehicle is insured for the period of the hire ONLY and a copy of the insurance policy is available from our head office on request. By signing the attached form you are accepting the conditions of the hire insurance policy. Fully Comprehensive insurance is included within the Hire Charge. A late return of the Vehicle would incur a traffic offence under the road traffic act. You are advised to take out additional personal holiday insurance.
DAMAGE BOND You will be required to lodge with us your credit card details prior to the commencement of the Hire Period. The sum of £800 (£1,250 in certain circumstances) will be deducted from the details given and refunded within 7 working days of the vehicle return, undamaged. Costs will be taken to pay or part-pay for any loss or damage suffered as a result of your breach of these conditions (in particular you are referred to condition 20) or to cover the insurance excess on the insurance policy should it be necessary to claim on the insurance policy. You agree that any such costs will be released to us as agent for the Owner. The above is in respect of each separate incident of accidental damage. Overhead damage is deemed as any damage to any part of the vehicle which occurs above 6 feet (1.83 metres) and or any third party property. Where damage is caused by overhead objects above this height, this amount shall rise to £1500. The bond shall be held by Yorkshire Motorhomes for a 7 day period following the return of the vehicle. The 7 days does not include any time taken by the issuing bank to return the fee into the hirers account.
DRIVERS. Drivers must be over 25 and under 74 years of age and have held a domestic driving licence for at least 2 years. In certain circumstances at our discretion the lower age limit can be reduced to 23. The licence must be unendorsed (except for speeding and parking offences) although at our absolute discretion we may allow the hire to commence even if the licence is otherwise endorsed. The licence must be produced at the time of collecting the Vehicle. Visitors from abroad must hold a current international driving permit or licence. You must use our automated system to provide us with all necessary details of the driver that we request so that we can deal with the insurance of the Vehicle during the Hire Period. Two forms of proof of identity along with photographic identification (either a passport or photographic driving licence) must be produced by you at the start of the Hire Period i.e.: your most recent Utility bills, Bank statements or Credit Card statements. Mobile phone bills are not acceptable. Should you fail to provide the necessary information or produce the correct documentation in accordance with this Condition 10 the booking may be cancelled under Condition 6. There will be an additional charge to the standard Hire Charge should the licence be foreign or endorsed. This additional charge will be advised to you at the time of booking.
USING THE VEHICLE
The Vehicle must only be driven by you and any other driver named on the hire insurance policy, or by anyone else we authorise in writing. You and/or any other authorised driver will:
Not use the Vehicle for hire or reward;
Not use the Vehicle for any illegal purpose;
Not use the Vehicle for racing, pace-making, testing the Vehicle's reliability and speed or teaching someone to drive;
Not use the Vehicle while under the influence of alcohol or drugs;
Not drive the Vehicle outside England, Scotland and Wales, unless we have given you written permission;
Not overload the Vehicle;
Not if the Vehicle is a commercial vehicle, use it for a purpose for which you need an operator's licence if you do not have one.
Not carry more passengers than the seating capacity of the Vehicle or allow the Vehicle to be overloaded.
All drivers must be aware of the (unusual) height of the motorhome and are responsible for ALL damage if driven under an obstruction that is too low for the vehicle to clear. The obvious examples are low bridges, trees, height barriers into car parks etc. In this event neither the basic vehicle insurance nor the CDW (if applicable) will apply and the hirer will be responsible for the repair of all damages. Overhead damage is deemed as any damage to any part of the vehicle which occurs above 6 feet (1.83 metres) and or any third party property.
Be responsible for all fines and costs (including court costs) for parking, traffic or other offences, congestion/emission charges (including any costs which arise if the Vehicle is clamped) and you will pay the appropriate authority any fines and costs if and when the authority demands this payment.
CARING FOR THE VEHICLE
You must look after the Vehicle and the keys to the Vehicle. You must always lock the Vehicle when you are not using it, and use or activate any security device fitted to or supplied with the Vehicle. You must always protect the Vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel.
You must not sell, rent or dispose of the Vehicle or any of its parts. You must not give anyone any legal rights over the Vehicle.
You must not let anyone work on the Vehicle without the Owner's permission. If the Owner does give you permission, you will only receive a refund if you have a receipt for the work.
You must let the Owner know as soon as you become aware of a fault in the Vehicle.
You must ensure that the Vehicle is kept in good condition and repair.
You must bring the Vehicle back to the place agreed, at the time agreed and remain responsible for the Vehicle until this time. The Owner must see the Vehicle to check that it is in good condition.
Before you bring back the Vehicle you must check that you have not left any personal belongings in the Vehicle.
You must not tamper with the mechanics of the Vehicle at any time.
PETS All animals other than guide dogs have to be approved by us at the time of booking. If approved, all damage however caused by the animals will be charged to you in full.
SMOKING Smoking is strictly prohibited in all Vehicles
BED LINEN AND TOWELS Bed linen, pillows and towels are not provided with the Vehicle as standard. If you specifically require these items or are travelling from aboard please enquire about availability.
GAS Gas used by you will be charged at our current rate on your return but should you need to replace an empty bottle during the course of your hire, this is your responsibility.
WHAT TO DO IF YOU BREAK DOWN If you do breakdown you should: Contact the breakdown service that covers the Vehicle. Inform the Owner immediately. In the unlikely event of a breakdown, you should seek the help of the appropriate breakdown company quoting the registration number of the Vehicle. You are only authorised to request repairs up to a value of £50, repairs costing in excess of £50 must first be authorised by the Owner PRIOR to the work being undertaken.
WHAT TO DO IF YOU HAVE AN ACCIDENT If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also: a. Make the Vehicle secure. b. Tell the police straight away if anyone is injured or there is a disagreement over who is responsible; c. Contact the Owner immediately. You must produce an accident report sending one copy to the Owner and one copy to our head office.
LIABILITY AND LIMITATION
WINDSCREENS & TYRES You are responsible for any damage to windscreens and windows, punctures or other damage to tyres during the hire. Where possible it should be repaired or replaced as appropriate and paid for by you at the time but you should contact the Owner to seek instructions before carrying out the repair.
YOUR LIABILITY Where damage is caused to the Vehicle during the hire we may, at our absolute discretion, utilise the insurance policy to claim for the loss or damage sustained. In these instances you will be liable for the excess. If we claim under the insurance policy this will not reduce your liability under any other provision of this Condition 20. We will not claim under the insurance policy where damage to the Vehicle is caused by a breach of any of these Conditions. You agree that you will be liable for any damage sustained to the Vehicle during the hire where such loss or damage is not claimed under the insurance policy. You also agree that you will be liable for any loss or damage suffered by us or the Owner resulting from you breaching these Conditions Without limiting the generality of the above this includes the following charges:
Our reasonable administration charges for resolving damage to the Vehicle.
Charges for any loss or damage to the Vehicle (even if it is accidental or not your fault) subject to the cover provided by the hire insurance.
Charges for damages to windscreen and windows, punctures, or other damages to tyres
A standard £50 valeting fee if the Vehicle is not returned in the condition it was collected in with regards to interior cleanliness or if you do not comply with Condition 14.
The cost of making good any damage to the interior of the Vehicle (including cigarette burns) living or cooking equipment if not remediable under 16.c
The cost of making good any damage caused to the Vehicle caused by improper use.
A standard £50 fee for un-emptied toilet cassettes at the end of the hire.
A refuelling service charge if you have used, and not replaced, more fuel than was provided at the start of the hire. The charge is based on the cost of the fuel plus £25.
Any costs and reasonable administration charges which arise when we or the Owner deal with your failure to pay charges that you are responsible for under Condition 11(k).
Any charges arising from Customs and Excise or Immigration Authorities seizing the Vehicle, together with a loss-of-income charge while the Owner cannot rent out the Vehicle, if and when we demand this payment.
Any published or agreed rates for delivering and collecting the Vehicle
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 Bank of England from time to time. Value added tax and all other taxes on any of the charges listed above, as appropriate. You are responsible for all charges, even it you have asked someone else to be responsible for them. We will utilise the damage bond referred to in Condition 9 to meet any amounts for which you are liable under this Condition 20. Should the damage bond be insufficient to cover all of your liability you agree to pay the additional amounts for which you are liable within 28 days of our demand.
EVENTS BEYOND THE OWNER'S CONTROL Unfortunately, events beyond the Owner's control occasionally affect bookings. When reference is made to such events in these Conditions this means any event(s) or circumstance(s) which the Owner could not, even with all due care, foresee or avoid. Neither us nor the Owner can accept responsibility or pay any compensation, costs or expenses where the performance of your contract with the Owner is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond the Owner's control. This includes any delays to and/or restrictions to the hire to which you may be subject. However, if your booking has to be cancelled as a result, we, on behalf of the Owner, will offer you the choice of an alternative motorhome (if available) or refund as described in Condition 6. Our liability will be limited to the return of any monies paid by you.
PERSONAL BELONGINGS Neither we nor the Owner will be responsible for any claims in respect of any loss or damage to personal belongings or effects of you or any other person or persons.
BREAKDOWN AND ACCIDENT Neither we nor the Owner will be responsible for hotel costs, losses or any other expenses subsequent to a breakdown. You are strongly advised to take out personal travel insurance to cover against termination of the hire due to the unlikely event of a breakdown. No responsibility can be accepted by us or the Owner for any loss or damage or expense which occurs as a result of any accident.
PARKING Any vehicle that you park at the Owner's premises is parked solely and absolutely at your risk.
GENERAL LIMITATION Neither we, nor the Owner will be liable to you for any loss of profit or for any special, consequential or indirect damage or loss suffered. Nothing in this clause or in these Conditions shall be construed to operate so as to exclude or limit any liability for death or personal injury caused by our negligence or of our servants, employees or agents or to exclude or limit any liability in respect of fraud or fraudulent misrepresentation.
ENDING THE AGREEMENT Notwithstanding anything stated elsewhere in these Conditions .we will be entitled to end this agreement straight away if: a. We find out that your belongings have been taken away from you to pay off your debts, b. Being an individual you become subject to a bankruptcy order c. Being a company, you go into liquidation d. you make a proposal to enter into any voluntary arrangement e. You are in breach of any of these Conditions If we end the agreement if will not affect our right to receive any money we are owed under these Conditions.
INFORMATION If you are in breach of any of these Conditions we can give the information you have provided to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We may also disclose your information if we are required to do so by law.
COMPLAINTS Any complaints should be received in writing at our registered office (email or fax not included) within 7 days of the Vehicle being returned from hire.
NOTICES Any notice required to be given under these Conditions should be sent by prepaid first class post or facsimile or e-mail to that party's registered office or to its last known address.
SEVERABILITY If any provision of these Conditions is held to be void, illegal or unenforceable under any enactment or rule of law such term or provision shall to that extent be deemed to not form part of these Conditions but all other provisions of these Conditions shall remain in full force and effect.
GOVERNING LAW This agreement is governed by the laws of England and Wales. You agree that any dispute will be settled in the courts of England and Wales.