HIRER S AGREEMENT. Booking Terms & Conditions to Hire a Motorhome. Hirer s Agreement with the Owner

Transcription

1 HIRER S AGREEMENT Booking Terms & Conditions to Hire a Motorhome Hirer s Agreement with the Owner This agreement is between the Owner (Daily Solutions Ltd) and the Hirer (You). By completing and signing the booking form, you consent to these Terms & Conditions. Please read this Agreement carefully. You are advised to take independent legal advice on these terms. If there is anything you do not understand or would like to have clarification, please ask the Owner. Hirers/Drivers of the Motorhome The Vehicle shall be driven only by the Hirer or other permitted driver who has completed and signed a booking form and Hirer s Agreement immediately prior to any hiring. The Motorhome cannot be driven by: a) Hirers under 24 or over 75 years of age unless otherwise agreed, in writing, by the Owner. b) Hirers aged under age 24 or over 75 unless the person, who is not a student, and has held a full valid UK/EU driving licence for minimum period of 24 months and with no more than 6 points for SP, TS or CU. c) Persons who have had their licence revoked by DVLA due to medical grounds or convictions. d) Persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance or cover cancelled by any Motor Insurer. e) Persons engaged wholly or partly in professional entertainment or professional sports persons. f) Jockeys and persons connected with racing of any sort. g) Persons who, whilst driving, have been involved in more than one accident during the past 3 years. h) Foreign Service Personnel other than persons born in the United Kingdom.

2 A person requiring it to be used for the carriage of goods of an explosive, dangerous or hazardous nature or for the carriage of goods or passengers for hire and reward or any other form of profit or remuneration. Owner s rights The Owner reserves the right to cancel the hire if, at the commencement of hire, the Driver s licence becomes invalid or he is given penalty points exceeding 06 points, or the driver failed to produce required/valid proof of address. The Owner reserves the right to decline hire to any person at any time without furnishing any reason. The Owner reserves the right to vary the conditions of hire at any time. For the purposes of the DATA PROTECTION ACT 1984, the Owner or any subsidiary of the Owner may hold and process by computer or otherwise the information given to the Owner by the Hirer or any Additional Driver to identify other products or services which might be relevant and for statistical analysis. Hirer s liabilities The Hirer hereby warrants the accuracy of all information supplied to the Owner. The Hirer acknowledges and accepts his/her responsibility for all costs, expenses and fines (including parking and congestion violations) which may be incurred during the Hire Period. Booking Confirmation & Payment Reservations can be made by telephone/online but will only be completed once a completed booking form has been received with a non- refundable booking deposit of per week of hire (unless otherwise stated). The remaining balance must be paid at least 6 weeks prior to the start date of the Hire Period, or at the time of booking if there are less than 6 weeks remaining from the start date of the Hire Period. The security/damage deposit of 1000 for drivers over 30 years of age and 1200 for non UK driving licence holders as well as drivers between years of age is payable on top of full payment. This security/damage deposit or the remaining will be refunded three weeks after the return of the Vehicle. This is to secure payment for any possible fines, damages or losses that may have occurred during the hire of the Vehicle.

3 Payments can be made via bank transfer, electronically (by receiving a link to the payment page), by internet banking or over the phone. All payments made using a credit or debit card will incur a 2.5% payment processing fee. For late bookings (less than 6 weeks prior to departure) the full hire price is payable upon booking. A booking confirmation will be sent to you once your booking has been secured. The Hirer also agrees to pay the excess as mentioned in the insurance policy and increase in the premium in case the damage is to be compensated by making a claim to the insurer. Cancellations Any cancellation must be made in writing to the Owner. Should you cancel your confirmed booking more than 6 weeks prior to commencement of Hire Period you will forfeit your booking deposit. Should you cancel your confirmed booking less than 6 weeks but prior to 2 weeks of commencement of Hire Period, you will forfeit 50% of total hire fee. Should you cancel your confirmed booking less than 2 weeks prior to commencement of Hire Period, the cancellation will not meet the criteria for any refund whatsoever. Insurance Hire of the Motorhome comes with Fully Comprehensive insurance that is included in the hire price. Full and accurate background information is required to be disclosed for the Hirer and each named Driver. YOU ARE INFORMED that the vehicle is insured for the Hire Period ONLY. Late return of the vehicle will invalidate your insurance and will be an offence under the Road Traffic Act. The standard excess payable under the policy is 1000 for drivers over 30 years of age and 1200 for non UK driving licence holders as well as drivers between years of age. Insurance Surcharges Insurance surcharges are based on the circumstances and status of the Hirer and each Driver immediately prior to the commencement of the hire. The requirement for the payment of surcharges is dependent on the selected hire package purchased.

4 Relevant factors which will incur an insurance surcharge include but are not limited to: Non UK Mainland travel (written consent required) Drivers aged under 26 and over 69 Drivers with less than 2 years driving experience (written consent required) Drivers with non-uk driving licences Non-UK Residents Each current driving endorsement Each fault accident recorded in the past 3 years Existing medical conditions The Insurance Surcharge rate is between per day (per surcharge) and varies depending on the level of risk. The rate depends on the number of qualifying risk disclosures. The daily insurance surcharge is the sum of each applicable insurance surcharge. The total insurance surcharge is the daily insurance surcharge multiplied by the number of days of the Hire Period. Unless full payment is received for insurance surcharges and Security Deposit, we are unable to provide insurance cover. The Owner reserves the right to cancel a hire if the insurance surcharge(s) and Security Deposit are not paid in full prior to the commencement of hire. In these circumstances the total hire charge may be forfeited. Breakdowns In the event of a breakdown you need to contact the appropriate breakdown company, details of which are provided with the vehicle, quoting the registration number of the Vehicle. (Please see Breakdown Service information sheet) Inform the Owner immediately. Any breakdown, malfunction or damage caused by the Hirers negligence will be made good at your expense. The breakdown access payable is 35 at any case when the incident is reported to the appropriate breakdown company. Collection & Returns Our offices are closed on Saturdays so please be aware that there is no check in/out services provided on a Saturday. We fully operate Sunday Friday. The vehicle collection time should be agreed personally and is usually from 11:00 am.

5 On collection of Vehicle the Hirer and any other additional drivers must provide the following: Passport or other photo ID Valid Full UK, EU or International driving licence for each Driver originals must be provided on the day of hire Two items of proof of residential address for every Driver (Utility bill, Council Tax bill, bank statement or credit card statement less than 60 days old is acceptable) PLEASE NOTE: ALL insured drivers must be present at the time of collection. The Hirer agrees and understands that the vehicle return time is either before or at 13:00 PM on the final day of rental. It may be possible to return the vehicle at a later time (at an additional fee), but this is required to be agreed in writing no later than at the point of collection. Time is required to inspect the vehicle when you return it. We also require time to prepare the vehicle for the next hire. For this reason we request return of the vehicle at the prescribed time. No refund is given for the early return of the vehicle. Should the late return of the vehicle make the Owner liable for extra costs (e.g. compensation for the next hirer), we reserve the right to pass on these costs to you. The return of the vehicle is confirmed in writing, signed by the Hirer and the Owner. It is the Hirer s responsibility to check that on collection the Vehicle is free from damage and defects. If you do not bring the Vehicle back at the agreed time, you are breaking the Conditions of this Agreement and there will be a penalty charge of 45 per hour for Vehicles that are returned late. (Please see Extra Charges for more information) On return of the Vehicle all hirers are to ensure the Vehicle is clean and tidy and the chemical toilet is clean and free from waste. Each failure carries an additional charge of deductible from the security/damage deposit. Hirers Responsibility The diesel fuel level is recorded at the start of the hire. Upon return, the diesel fuel level is measured again. The vehicle is required to be returned with same level as at point of collection. Any Diesel shortfall is charged at 1.50 per litre plus a refuelling charge applies. There is no refund if the vehicle is returned with excess fuel. Tyre pressures, water levels and the engine oil have to be checked at least once in your hire week. At commencement of hire two gas cylinders will be supplied and at least one will be full. The Hirer will be responsible for the cost of refills thereafter and on return of Vehicle at least one of the gas cylinders should be full. Any cylinders incorrectly

6 exchanged or lost will be charged to the Hirer. We would recommend hiring an additional gas cylinder (or an adaptor) should you be going to the EU for longer than an average of 7 days. Please bear in mind that if used heavily, additional gas may be required sooner than 7 days. The Hirer Agrees: to protect the interests of the Insurer and the Owner by ensuring the vehicle is always locked when unattended and the keys are secure; to drive on a maintained public highway, private road or driveway; not to not carry more passengers than the capacity of the vehicle or allow the vehicle to be overloaded; not to operate vehicle or permit the vehicle to be operated in any way that would violate this contract, including but not limited to carrying passengers or goods for hire or reward; not to participate in motor sport events; not to propel or tow any vehicle or trailer; not to allow any person to drive when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by Road Traffic Legislation; not to violate any law, ordinance or regulation; not to allow any person to drive under authority of any licence other than his own; not to drive in a reckless or imprudent manner. The Hirer may not travel in war or disaster zones. In the interests of security and safety, all vehicles are fitted with a tracker. A motorhome is unstable over 70 mph. The Hirer will be charged if this limit is found to be is exceeded. Proper Care of the Vehicle The Hirer is responsible for the care and security of the vehicle for the duration of the Hire Period and agrees to return the Vehicle to the Owner in same condition received, ordinary wear and tear excepted, on the date specified. The Hirer will be liable for additional costs and charges if due care has not been taken. This includes: A charge of if there is evidence that smoking has occurred in the vehicle. A charge of up to for a valet if the vehicle is not returned in an acceptable state of cleanliness. The full cost of making good any damage to the vehicle caused deliberately, by improper use or by an act of negligence.

7 The full cost of making good any uninsurable damages as contained in the Non Insured Damages and Post Hire Charges document including but not limited to damage to internal damages or breakages. In the event of Recovery Assistance being required for any reason other than vehicle failure, the Hirer will be liable for all associated costs. Travel outside the UK and Eire The Hirer may travel in any European countries with the exception of Turkey. Prior notification of your intention to travel outside UK Mainland, with written permission is required to be obtained from the Owner. Any additional insurance premium is required to be paid prior to commencing your period of hire. An additional daily insurance premium for EU Travel may be required to be imposed but is dependent on hire package purchased. Travel in countries outside Europe may be possible with the written consent of the Owner. All vehicles will be provided with both full UK and EU Breakdown Cover and the appropriate level of fully comprehensive insurance. To comply with current EU traffic regulations, whilst travelling in Europe, you must carry the following items: Fluorescent/High Visibility Jacket Road Safety Triangle Spare Bulbs GB or EU sticker Head Light Angle Adjusters. Travel through France - Two Government Approved breathalyser test kits must be carried in the motor home failure to carry this kit may result in prosecution by relevant authority. These items are not provided with the Vehicle but can be purchased from the outbound port/ferry terminal or taken out as Extras for an additional fee. We would recommend hiring an additional gas cylinder should you be going to the EU for longer than 7 days. Please bear in mind that if used heavily, additional gas may be required sooner than 7 days. Replacement Vehicles and Circumstances beyond the Owners Control In the unlikely event the vehicle originally booked becomes unavailable the Owner reserves the right provide an alternative vehicle. The Owner will always endeavour to provide a vehicle of similar size to suit travelling party requirements which will be similarly equipped.

8 In this event, the Hirer is not liable for higher rental charges. If a smaller vehicle or lower grade vehicle is offered and accepted, the difference in charges will be refunded. Unfortunately, there are cases when circumstances beyond the Owner s control occasionally affect bookings. These are any event(s) or circumstance(s) which the Owner could not, even with all due care, foresee or avoid. Neither 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. However, if your booking has to be cancelled as a result, the Owner will offer you the choice of an alternative motorhome (if available) or refund. The Owner s liability will be limited to the return of any monies paid by you. Post Hire Charges All hires are subject to a post hire inspection and Post Hire Charges may apply. Please refer to the Non Insured Damages and Post Hire Charges document. Any Post Hire Charges arising will be deducted from the Security Deposit or if greater, charged to the Authorised Credit Card, or further terms of payment will be clarified upon invoice. We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. Liability in the Event of Damage In respect of each and every incident resulting in damage to the vehicle, the Hirer shall pay the Owner an amount up to the appropriate excess on the insurance (in case the damage is to be compensated by making a claim to the insurer), towards or in settlement of the cost of making good any such damage on a full indemnity basis. In the event of the vehicle being seized and detained at HM Customs beyond the contractual dates of hire, the Hirer s extent of liability will extend to the entire costs associated with the repatriation of the vehicle to the collection depot to enable its condition to be restored to the condition in which it was originally collected. The Hirer is responsible for any charges arising from Customs and Excise or Immigration Authorities seizing the Vehicle, together with a loss of revenue for the period during which the vehicle is held by the authorities and could not be rented, if and when the Owner demand this payment. Additional associated charges, such as transfer to warranty approved repairing garage and for the time incurred by the repairing garage to carry out the required repairs arising from an incident, even if an account is forwarded to a third party, may be applied, if applicable. The Hirer is liable as the bailee of the vehicle in respect of any fixed penalty offence committed in respect of that Vehicle under the Road Traffic Act 1988 and Road Traffic Offenders Act 1988; any excess parking charge which may be incurred in

9 respect of that Vehicle in pursuance of an Order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991 during the period of hire; All parking, road-traffic or other legal violations are subject to a minimum administration fee. In case of damage to the Vehicle, the Hirer will be liable for associated administrative fees, plus loss of revenue at the prevailing daily hire rate (max 10 days), transfer to warranty approved repairing garage and storage fees. If the Vehicle is stolen, it should be reported to the Owner immediately and in any event within 24 hours. It should also be reported to the Police immediately and a crime reference number should be obtained and provided to the Owner. The Security Deposit shall be forfeited. In the event of fresh water tank contamination, the Security Deposit will be forfeited. Although the vehicle is comprehensively insured, this does not cover personal items/losses. We strongly advise you to take out personal travel insurance cover prior to your hire. The Hirer is liable for any of the Owner s costs, including reasonable legal fees where permitted by law, incurred collecting payment due from the Hirer hereunder. If damages are due to negligence of the Hirer, the Hirer will be liable for the standard insurance excess liability, administrative fees, plus loss of revenue at the prevailing daily rate (max 10 days), diminishment of value, towing, transfer to warranty approved repairing garage, storage, impound fees, regardless of fault or negligence of the Hirer or any other person, and regardless of whether damages are a result of an act of nature during the hire period. The Security Deposit shall be forfeited. The Owner shall have the sole right and responsibility to repair the Vehicle. If the Vehicle is not returned to the original collection point (as indicated on the motor rental agreement) without the written consent of the Owner, the Hirer will be liable for full cost of repatriation of the Vehicle; If the Hirer breaches this agreement, the Hirer agrees to cease using the Vehicle and to pay all expenses incurred by the Owner in returning the Vehicle to the rental collection point. Extra Charges Extra Charges are based on the Owner s price list at the time of booking. Charges include: The hire and any other charges we discuss according to this agreement. An equivalent charge will be payable for any loss or damage to the Vehicle (even if it is accidental or not your fault). The Hirer is responsible for any administration charges incurred as a result of any loss or damage to the Vehicle. These will be clearly communicated to the Hirer in due course and will be taken out of the security/damage deposit, or, if greater, other terms of payment will be clarified.

10 The Vehicle will be pre-inspected for any obvious damages and/or losses upon return. However, the full inspection may be carried out at a later stage as necessary and Post Hire Charges may apply. Any damages discovered at a later stage of examination will be communicated to the Hirer in writing. The Hirer agrees to take liability for any damages discovered at a later stage providing the Vehicle will not have been rented out to another customer during that time when the damages were discovered. You must empty the toilet cassette & grey water tanks at the end of the hire period. There is a charge for un-emptied toilet cassettes and a charge per grey water tank. Any Diesel shortfall is charged at 1.50 per litre plus a refuelling charge applies. There is no refund if the vehicle is returned with excess fuel. Gas is included, but this is your responsibility should you need to replace an empty cylinder during the course of your hire. The Hirer is responsible for all fines and costs (including court costs) for parking, traffic or other offences, congestion charges, (including any costs which arise if the Vehicle is clamped). You must pay 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 which arise when the Owner deals with these matters. (Admin Charge per fine/penalty) The Hirer is responsible for 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 the Owner demand this payment. Any published or agreed rates for delivering and collecting the Vehicle. Late returns will be subject to a charge of per hour. Should the cost of repairing damages in relation to any given incident by the Hirer exceed the Security Deposit amount paid no Security Deposit will be refunded and additional charges for non-insurable items may be applied. A charge of will be applied if there is evidence that smoking has occurred in the vehicle. You are responsible for all charges, even if you have asked someone else to be responsible for them. Pets Pets are allowed to travel in some of the Vehicles with appropriate hire package purchase on condition that all Vehicles will be neatly cleaned from any hair/dirt. It is the Hirer s responsibility to make sure that during travel with Pets the Vehicle is maintained in its original condition. Any damage, howsoever, caused by the pet will be charged from the Hirer s Security Deposit.

11 Smoking Smoking is prohibited in all of our hire Vehicles. A charge will be payable to cover valeting costs if there is evidence that smoking has occurred in the vehicle. General Complaints should be submitted in writing to be received by the Owner within 28 days of the end of the period of hire to allow an effective investigation. This agreement is governed by and construed in accordance with the Laws of UK. All disputes arising out of or in connection with the agreement shall be subject to the non exclusive jurisdiction of the UK Courts. If full payment is not made after 28 days of invoice, a reminder will be sent, 14 days thereafter the account will be passed to our collections agency incurring an extra charge of 15 % (+VAT) of the total balance due. Hirer agrees as part of this contract to pay this sum which represents our reasonable costs in collecting the unpaid amounts. Inadequacy of damages Without prejudice to any other rights or remedies that either party may have, each party acknowledges and agrees that damages alone would not be an adequate remedy for any breach by the other party. Accordingly, the non-defaulting party shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach. Third party rights No one other than a party to this letter shall have any right to enforce any of its terms. Governing law This letter, and the negotiations between the parties in connection with the proposed Deal and all disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Jurisdiction The parties irrevocably agree that the courts at London (England and Wales) shall have jurisdiction to settle any dispute or claim arising out of or in connection with this letter or its subject matter or formation.

12 PLEASE NOTE THAT DAILY SOLUTIONS LTD RESERVES THE RIGHT TO VARY RATES AND CONDITIONS AT ANY TIME. WE RESERVE THE RIGHT TO REFUSE HIRE TO ANY PERSON(S) FOR ANY REASON AND NOT HAND OVER THE VEHICLE IF IT FEELS THE HIRER IS NOT SUITABLE FOR WHATEVER REASON. WE RESERVE THE RIGHT TO REPOSSESS THE VEHICLE AT ANY TIME, DUE TO MISUSE, DAMAGE OR ACCIDENT. It is strongly recommended that you take out your own holiday insurance policy as you would for any holidays. You further agree to be bound by the Terms and Conditions of the above Agreement which you have seen and read or have had the opportunity to see and read. By signing below you are agreeing to all the Terms and Conditions above. You are also authorising the Owner to irrevocably recover any monies due to them from credit/ debit card details, in the event of any damage/ loss incurred to the motorhome whilst on hire to you. I have seen and read or have had the opportunity to see and read the above Terms and Conditions: Driver 1 signature... Print name....date... Driver 2 signature... Print name... Date... Driver 3 signature... Print name... Date...