Abacus Motorhomes Terms & Conditions, dated 9th December 2014 Hire rates quoted include: •VAT (20%) •Unlimited miles •UK standard vehicle insurance* •UK Standard equipment & breakdown** *Insurance loading. In some cases, Abacus will incur additional charges if the driver to be insured has a traffic conviction, or is in an occupation which is deemed high risk. These charges will be passed onto the customer. Please note: If you have any serious convictions within the last 11 years, 6 or more penalty points, or any concerns regarding points on your licence, please contact us before hire **Abacus will supply full breakdown cover to cover any mechanical faults to the base chassis of the motorhome. Any call out charges necessitated by the client through operator error, e.g. a flat vehicle battery will be the responsibility of the client. 1.Definitions a.'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 Abacus literature, the provisions of these Terms and Conditions apply. b.'Customer' means the person or persons nominated as the hirer on the Rental Agreement and any person whose credit card is presented in payment of the customer's charges. c.'Living Equipment' includes but is not limited to DVD player, CD player, crockery, cutlery and cooking utensils.' d.Rental Period' means the hire period referred to 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. e.'Vehicle' means the vehicle as described 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 Abacus. 2.Eligibility & Licences I acknowledge that: a.Drivers must be between 25 to 70 years of age, of good health and have held a full valid driving licence for more than 2 years. b.Drivers of the Bailey Approach 760/765 and the Elddis Autograph 180 are required to have a C1 category licence. c.Production of a valid standard driver's licence is required from all drivers at the start of the hire. d.Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire. e.Details of additional drivers are required as above. f.There are a maximum of 3 drivers per rental. g.All Drivers must provide 2 separate forms of identification. e.g. passport (for European hire) and utility bill. Please note: If you have any serious convictions within the last 11 years, 6 or more penalty points, or any concerns regarding points on your licence, please contact us before hire 3.Charges a.I agree to pay Abacus: •All rental charges. •The security deposit. •The nominated cleaning fee of £50.00 if the Vehicle is not returned with the interior in a clean condition. •The nominated additional fee of £50.00 if the toilet is not emptied prior to the return of the Vehicle. •The cost to refill the fuel tank at 25% + VAT above current forecourt prices. The nominated cancellation fee in the event of cancellation of this agreement prior to the collection of the Vehicle. •Any amounts due in respect to damage to the Vehicle or to property of a third party. •All other additional charges as they are incurred, including but not limited to, government fees and duties, parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs. •Any other fees or charges payable by me pursuant to this Agreement. This includes any costs incurred by Abacus as a result of any breach by me of the terms of this Agreement. •The nightly rental rate for the period the Vehicle is off fleet for accident repairs (demurrage). •An additional charge of £50.00 per hour for all late returns. •The cost to recover a Vehicle which has become bogged. b.I acknowledge that: •Booking Deposit - A reservation is only binding after it has been confirmed by Abacus and a booking deposit of £200.00 per week of hire has been received. Once the reservation is confirmed, an invoice will be issued by post for the remaining balance. •Remaining Balance - Settlement of the remaining balance will be due six weeks prior to departure. For late bookings (less than six weeks before departure) the full rental price is payable on booking. Abacus reserves the right to cancel the booking if payment is not received six weeks prior to departure. •Security Deposit - There is a refundable £500.00 Security Deposit payable by credit or debit card only. The amount will be debited from my account immediately on collection of the vehicle. This is fully refundable within 7 working days of the return of the vehicle to the agreed location, on the agreed date and time, in the same condition as it was let out to me. I irrevocably authorise Abacus to deduct from the Security Deposit any amounts due by me should the conditions set out herein not be met. Abacus reserves the right to increase the security deposit for specific events (e.g. sports fixtures, music festivals, etc.) to £1000.00. •Cancellation charges More than 6 weeks before: booking deposit 6 weeks - 2 weeks: 50% of total hire charge 2 weeks - No Show: 100% of total hire charge 4.Payment a.Payment is by credit, debit card or a pounds sterling cheque. Vehicles will not be released without full payment being completed. Cheques will not be acceptable for late bookings (less than 2 weeks prior to departure).Payments by AMEX will be subject to a minimum 5% surcharge. b.Abacus 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. c.I will not dispute my liability to Abacus for any amount due under this agreement and I shall indemnify and keep indemnified Abacus against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute. d.I acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Where applicable and due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card and the amount refunded after the expiration of the rental period. I release Abacus from any liability for such variation. e.All charges and expenses payable by me under this Agreement are due on demand by Abacus. 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 Abacus, including reasonable legal fees. f. 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. g.Total charges as set out on the Rental Agreement are not final. I will pay any shortfall in charges to Abacus and I will receive a refund for any overcharge acknowledged by Abacus. 5.Collection and Return Abacus Motorhome depot is located at 286 Weyhill Road, Andover, Hampshire, SP10 3LS. The normal office opening hours are Monday to Friday 08:30-17:30, Saturday 08:30-16:00 and Sunday by Appointment only. Vehicle collections are normally from 14:00 and returns are between 08:30-10:30. a.I agree to: •Set aside 1 hour for the hand-over at Abacus to allow the staff to complete the documentation and demonstrate the vehicle to me. •Return the Vehicle on the date and time stated, on the rental agreement. Unless otherwise agreed this time is between 08:30-10:30. If I am late returning, I understand that Abacus must be advised immediately. Failure to advise Abacus may result in prosecution for driving whilst uninsured. b.I acknowledge that: •Having received the Vehicle in a clean condition, in sound working order, in accordance with the Departure Checklist and with a full fuel tank and the toilet empty I will return the vehicle in the same condition, otherwise a charge will be made. •Abacus 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 the use of the Vehicle prior to the return date for any reason e.g. accident, weather or theft. 6.Use of the Vehicle a.I acknowledge that: •Abacus 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. •Each person is to use the safety restraints provided at all times whilst the vehicle is in motion. •I will not allow any animals to be carried in the Vehicle, unless otherwise agreed with Abacus. I will also not allow any pets on the soft furnishings as this will result in a further cleaning charge. •I agree that during the rental period, I shall not make any alterations or additions to the Vehicle without the prior written consent of Abacus b.I will not allow the Vehicle to be; •Used for any illegal purpose, for any rally, race or contest. •Used to tow any vehicle or trailer. •Used to carry passengers or property for hire or reward. •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 the agreement. •Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material. •Otherwise used in breach of my obligations under this Agreement. •Driven otherwise than in a cautious, prudent and normal manner. •Used in a manner which could cause damage. •Driven in a prohibited area or in an area other than the areas indicated by me to Abacus. •Driven on roads that are not sealed / bitumen roads. •Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law. •Left with the ignition key in the vehicle while it is unoccupied. •Left unoccupied without closing the blinds/curtains for added security. •Driven by persons: •Under the age of 25 years; or •Who are not authorised by law or Abacus to drive the Vehicle. •Damaged by: •Submersion in water. •Contact with Salt Water. 7.Maintenance a.I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries. b.I acknowledge that Abacus will reimburse me for expenditure up to £40.00 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 TV/DVD equipment) provided that: •I produce relevant receipts. •I have received the prior consent of Abacus. •The damage is not due to my fault or my breach of this Agreement. c.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 Abacus will reimburse me for expenditure reasonably incurred if; •I produce relevant receipts. •The tyre is defective and is returned by me to Abacus for inspection. •The manufacturer accepts liability under his warranty. d.I will be liable for any costs associated with the incorrect use of fuel. All Abacus motorhomes run on DIESEL. 8.Responsibility if an accident occurs a.In the event of an accident, loss or damage arising out of the use of the vehicle, I will: •Notify Abacus within 24hrs of the happening of the event. •Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station. •Complete a European accident report form as supplied (when in Europe). •Not make any admission of liability to other parties, settlement offer or other like offer. •Assist Abacus in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence. b.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. c.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. 9.Insurance Cover I am aware that; a.The Vehicle is insured for damage to the Vehicle and the property of a third party. b.I will have to pay an excess for any damage. The insurance excess is £1250.00 c.The excess may be reduced, in most circumstances, by taking out Damage Limitation Waiver (DLW). d.The DLW, if any, accepted by me, will be set out on the Rental Agreement. e.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. DLW reduces your insurance excess from £1250.00 to £350.00 (UK) or £1250.00 to £600.00 (abroad) for a small fee of £15.00 per day. (A minimum charge of £75.00 and a maximum charge is £255.00 applies) NEITHER DLW OR BASIC RENTAL INSURANCE WILL COVER ANY DAMAGE OVER CAB HEIGHT (2M 6FT 6”). NEITHER WILL IT COVER DAMAGE TO AWNING, TYRES, BIKE RACKS OR ANY OTHER DAMAGE DEEMED AS NEGLIGENCE. 10.Negligence I am aware that; a.I am responsible for any damage above cab height as this is deemed as negligence. b.I am responsible for any damage howsoever caused to the awning. c.Any damage howsoever caused to the inside of the motorhome. d.I am responsible for the rectification of frozen pipe work. 11.Change of Vehicle Abacus reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle. In that event, I shall not be liable for any increased rental or other charges save for any addition 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. 12.Terminating the Agreement I acknowledge that Abacus 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; a.I am in breach of any term of this Agreement. b.I have obtained the Vehicle through fraud or misrepresentation. c.The Vehicle appears to be abandoned. d.The Vehicle is not returned on the agreed return date or Abacus reasonably believes that the Vehicle will not be returned on the agreed return date. e.Abacus considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered. 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 Deposit. 13.Release and Indemnity of Abacus a.Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release Abacus, 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: •Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose; •Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Abacus premises or recovered or handled by Abacus. b.Subject to any insurance arrangements agreed with Abacus, I hereby indemnify and shall keep indemnified Abacus, 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. 14.Title to Vehicle I acknowledge that Abacus retains title to the Vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge Abacus' 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. 15.Changes Any changes to this agreement must be in writing and must be signed on behalf of Abacus and by me. 16.Proper Law This agreement shall be governed by the law of Great Britain in which this agreement was signed. 17.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. Abacus reserves the right to add or amend any rental charges without prior notice. 18.My Warranties I warrant that all information supplied by me to Abacus in connection with this agreement is true.