Empire Motorhome Hire Terms and Conditions Terms and Conditions 1 - Definition The terms used throughout correspond to the following- 'Driver/Hirer' relates to the person(s) named under the terms of the Rental Agreement. 'Campervan/Motorhome' relates to the vehicle which has been hired under the terms of the Rental Agreement and any substitution vehicle that has been supplied under those terms. All items supplied with the vehicle including but not limited to toolkit, spare wheel or fast fix kit, fire extinguisher, first aid kit, vehicle documentation and any items supplied as part of the basic vehicle inventory including cooking and dining equipment. 'Rental Agreement' relates to the hire documentation as signed by the hirer on collection of the vehicle detailing the hire period as well as the full details for the hirer and vehicle. 'Rental Period' relates to the date and time of collection to the agreed date and return time and the time that the hirer legally has possession of the vehicle unless previous contact with EMPIRE MOTORHOME HIRE has been made and agreed to return at a time not stated on the Rental Agreement. 'Security Deposit' is the amount held at commencement of hire for any purpose. 2 - Insurance Fully comprehensive insurance cover is included for the hirer of the Campervan/Motorhome providing the hirer meets the conditions required by the insurance provider. There may be 1 additional driver added to the rental agreement, providing they meet the conditions as set out in Section 2 - Driver Qualification and the additional driver fee of £5.00 per day is paid. 2.1 - The insurance only covers damage to the exterior of the motorhome in the event of any accident with a 3rd party or property and excludes 'roof damage' which is deemed as wilful negligence. Interior furniture and fittings as well as any additional item included under the terms of the Rental Agreement are not covered for any loss or damage, these items will be charged at a cost of replacement and any related costs associated with the replacement, unless it is in direct relation to damage caused by an accident. 2.2 - The insurance is only valid for the period shown on the Rental Agreement. Any returns later than that shown on the Rental Agreement or allowing a person that has not been named on the Rental Agreement to drive, will invalidate the insurance cover and constitute a traffic offence under the Road Traffic Act in which the driver and/or hirer will be liable to prosecution. In the event of the insurance being invalidated, the hirer/driver accepts that they are liable in full for any damage to the motorhome, personal injuries, third party property as well as any other related liabilities after the expiration time of the insurance cover. An additional surcharge will also be applied to the hirer at a rate of £50 per hour for the first 3 hours or part thereof and the balance of the security deposit thereafter. Any additional cost incurred by EMPIRE MOTORHOME HIRE will also be re-charged in addition to the surcharge. 2.3 - In the event that it is discovered that the hirer/driver does not meet the criteria set out in Section 2 - Driver Qualification, the insurance cover will be invalidated and EMPIRE MOTORHOME HIRE will hold the hirer responsible for all fines, losses, damages, and other costs. 2.4 - In the event that any of the criteria set out in Section 2 - Driver Qualification has an insurance surcharge applied, the hirer agrees they will borne this additional expense. 2.5 - The hirer shall be responsible for any and all of EMPIRE MOTORHOME HIRE uninsured losses which may arise as a result of the hire. 2.6 - During the period of hire, the hirer/drivers agree that the Campervan/Motorhome shall not be- • Driven outside of Scotland, England or Wales unless given express permission and paid any relevant insurance charges. • Driven in a manner that is not cautious, prudent, or normal, or which could cause damage. • Driven on any unsealed or unauthorised roads or in an area that is designated as prohibited. • Driven on any beaches or in any salt water. • Driven by a person that is deemed to be unfit to drive through consumption of alcohol or drugs or where the legal limit of the blood alcohol level has been exceeded. • Driven by any person(s) not being named on the Rental Agreement at the commencement of the hire. • Driven by any person who has given a fictitious or false name. • Left unattended while being unlocked. • Left with the keys in any area of the vehicle. • Used for travel to rock festivals or unauthorised sporting events. • Used for any illegal purpose or for any speed trials, race, rally or contest. • Used to propel or tow any vehicle or trailer. • Used to carry any passengers or property for hire or reward. • Used to carry more passengers than is permitted by any relevant authority by exceeding the amount of fitted seatbelts. • Used to carry volatile liquids, gasses, explosives or other corrosive or inflammable material. • Used otherwise in accordance with the terms as stated and agreed under this Rental Agreement. • Used in the course or furtherance of a crime or as a means of escape from, or avoidance of lawful apprehension. • Used in any other unlawful manner. 2.7 - During the period of hire, the hirer is responsible for the following- • Keeping the motorhome under their control throughout the hire period. • Ensuring the vehicle is locked when unattended. • Keeping the keys safe at all times. All costs to replace lost or damaged keys will be the responsibility of the hirer. 1 set of keys is given to the hirer at the start of the rental. Duplication of the motorhome keys is expressly prohibited. 2.8 - In the event of more than one claim being presented, the hirer accepts that they are liable for the excess amount for each and every incident. The 50% excess reduction is only valid for the first claim, in the event of any subsequent claims, the full excess amount will be payable per incident. 2.9 - Claims involving 3rd parties also have the excess payable per incident, until re-imbursement has been received from the 3rd party insurers, after which time the amount will be returned. EMPIRE MOTORHOME HIRE cannot be held responsible for the time that insurance claims take to be settled. 3 - Cancellations In the event of a cancellation by EMPIRE MOTORHOME HIRE, the full paid amount will be refunded. In the event of a cancellation by the customer, the following fees will apply- • More than 4 weeks before the start date of the hire – loss of deposit • Between 2 and 4 weeks before the start date of the hire – 50% of total hire charge • Two weeks or less or in the event of a no-show – 100% of total hire charge All cancellations must be submitted in writing. • It is strongly advised that hirers take out their own insurance against any unavoidable cancellations, including but not limited to pandemics or other events outside our control. 4 – Collection/Drop off of Motorhome The collection of the motorhome is strictly between 2pm and 3pm. This is to allow for cleaning and preparation from the previous hire. Motorhome is due for drop off by 10am on the last day of hire. 4.1 - On collection of the campervan/motorhome, the hirer and any additional driver must present the following- • Driving licence held for a minimum of 2 years • If a UK resident, 2 utility bills or bank statements dated within 3 months prior to the start date of the rental in their name and a DVLA check code • If an international customer, a passport and either a utility bill or bank statement dated within 3 months of the collection date *If the above documents have already been sent to us, we still require to see the original driving licence, if you cannot produce this at the time of collection then the rental will be void and no refund will be due. • Credit or debit card in hirer's name for the stated security deposit. Failure to supply the required documents will be deemed as the customer no longer wishing to rent the motorhome and there will be no refund due. The hirer accepts liability for all drivers of the motorhome/campervan, and it is their responsibility to ensure that no one other than those stated on the rental agreement, having met the driver eligibility requirements as stated by the insurance company, are permitted to drive. 4.2 - The hirer acknowledges delivery of the motorhome and the contents free from any defect or damage and complete other than as specified by EMPIRE MOTORHOME HIRE. The hirer is advised to check the motorhome thoroughly before leaving the hire depot and any existing damage is recorded on the signed Vehicle Condition Report. 4.3 - EMPIRE MOTORHOME HIRE will endeavour to have your motorhome ready for the collection time stated, however, are unable to guarantee that it will be ready due to unforeseen operational issues. In the event that the motorhome is not ready at the stated collection time, EMPIRE MOTORHOME HIRE are under no obligation to offer any refunds or a revised return time nor any compensation for pre-booked ferries/events etc.. The motorhome must still be returned at the stated time. 4.4 - Motorhome keys and control. The hirer will be issued with one set of keys at the start of the rental, it is the hirers responsibility to ensure they are kept safe at all times. 4.5 - The hirer is responsible for ensuring that seatbelts are worn by all passengers in the manner they were designed for. 4.6 EMPIRE MOTORHOME HIRE - will not be responsible for any third party damages or claims in connection with or as a consequence of any accident or breakdown. 4.7 - Every effort is made to ensure the hire motorhome is in a roadworthy and safe condition before the commencement of the hire. The company shall not be liable for any consequences arising from any defects or mechanical failure of the motorhome which all reasonable precautions have been taken to prevent such occurrences. 4.8 - The motorhome is provided with a full tank of fuel, it is the hirer's responsibility to refuel the motorhome while on hire and prior to returning to EMPIRE MOTORHOME HIRE. 4.9 - A full gas cylinder is supplied with the motorhome. If additional gas is required, it is the hirer's responsibility for the cost. 4.10 - The hirer is responsible for checking the oil and water levels of the engine on a daily basis and any other necessary motorhome components such as, tyre pressures/condition etc. 4.11 - The hirer is responsible for the payment of any toll road charges as defined by the toll road authority. 4A - Substitution of Motorhome EMPIRE MOTORHOME HIRE will do everything to provide the motorhome/campervan as booked, however, in any instances out with our control, we reserve the right to offer a substitute vehicle subject to all the terms and conditions of the agreement. If the substitute vehicle is in a lower tariff, the difference of the rental costs will be refunded, if it is in the same or higher tariff, there will be no refund and no additional charge. EMPIRE MOTORHOME HIRE will not be held liable for any additional costs that may arise due to the substitution of the motorhome/campervan, this includes but is not limited to ferry crossings, campsite fees etc. 5 - Security Deposit On collection of the motorhome/campervan, a security deposit of £1,000 is required by cash, credit ,debit card,bank transfer. These funds will be returned once we are satisfied with the condition of the motorhome on its return. • In the event that the conditions are not acceptable, the following charges will apply- Issue Cost Fridge/Cupboards not emptied £25 Unclean Bathroom £50 Unclean Habitation Area £50 - £200 Unclean Toilet £100 Unemptied/Dirty Toilet Cassette £100 Smoking in the Vehicle £300 Late Return £50 per hour or part thereof for the first 3 hours then balance of the security deposit thereafter, together with any additional cost incurred by EMPIRE MOTORHOME HIRE. Any damages/breakages found during the vehicle return inspection will be charged accordingly with an administration fee of £25. • Any parking, speeding or other actions that contravene the Road Traffic Act, that include but are not limited to bus lane contraventions, driving through traffic lights while they are at red or any other endorsable citation will be charged at £25 per contravention for administration purposes, this applies whether on public or private land. • All payments are made in GBP EMPIRE MOTORHOME HIRE, cannot be held liable for any fluctuations in the exchange rate or for any charges applied by the payment provider. • The security deposit will be held in case of any incidents with the campervan/motorhome. In the event of an incident occurring, the security deposit will be retained immediately and a further authorisation will be required for the rental to continue. 6 - Breakdowns All motorhomes/campervans supplied by EMPIRE MOTORHOME HIRE are checked prior to the start of each rental. It is the hirer's responsibility to check the oil, water and tyres on a daily basis to reduce the risk of breakdowns. In the event of a mechanical breakdown, please contact the appropriate breakdown service for the vehicle- EMPIRE MOTORHOME HIRE must be made aware of any breakdown at the earliest convenience either by telephone to 07833 674311/ 07483 837257 or by email. EMPIRE MOTORHOME HIRE will reimburse the hirer for reasonable costs incurred up to £50 which must have a valid receipt provided on return. Any costs over £50 must be authorised by EMPIRE MOTORHOME HIRE prior to the expenditure. Any costs not authorised will be at the expense of the customer. EMPIRE MOTORHOME HIRE will not be held liable for any additional costs incurred for hotels, replacement vehicles or consequential expenses as a result of any breakdown. Any breakdown that is deemed to be operator error, for instance, leaving the vehicle headlights on causing the vehicle battery to go flat, will be at the cost of the customer. In the event a breakdown is caused by mis-fuelling, the hirer is liable for all costs incurred including draining and flushing the fuel system, any engine parts including seals that need replaced including the relevant labour charge due to the mis-fuelling along with a full tank of fuel. 7 - Accidents In the event of the motorhome being involved in an accident, however small, the full details must be filled out on an Accident Report Form which is included in the motorhome with a diagram drawn on the back. • The hirer participates as an insured driver under a comprehensive motorhome insurance policy. • The hirer agrees further to protect the interest of EMPIRE MOTORHOME HIRE and the insurance company in the event of an accident during the hire term by: • Notifying the police immediately if there is property damage or if people are injured and in order to determine fault for insurance purposes. • Not admitting any guilt or liability. • Obtaining names and addresses of parties involved and witnesses. • Not abandoning the motorhome without adequate provisions for safely guarding and securing same. • Notifying EMPIRE MOTORHOME HIRE immediately of any loss or damage occurring to the motorhome and of any fault. Please indicate if the motorhome is not roadworthy or is liable to cause danger to any person or property. • The motorhome should not be used until the damage has been repaired, corrected and fault determined. • The hirer is liable for any and all overhead damage however caused. • All incidents related to tyres including punctures are the hirer's responsibility. If the fix and go kit is used, the replacement will also be charged to the hirer. • Responsibility for damage to the contents of the motorhome while on hire lies with the hirer. • Personal possessions are not covered. The company shall not be liable for loss or damage to any property left, stored or transported by the hirer or any other person in the motorhome either before or after the return to EMPIRE MOTORHOME HIRE. The hirer hereby agrees to hold the company harmless from and indemnify EMPIRE MOTORHOME HIRE against all claims based upon or arising out of such loss or damage. Hirers are strongly advised to take out holiday insurance. 8 - Return of Motorhome The motorhome must be returned as shown on the rental agreement, failure to return at the specified time will incur a charge of £50 per hour for the first 3 hours or part thereof after which the full security deposit will be chargeable. There is no grace period. • There is no refund for returning earlier. • The vehicle must be emptied and ready to hand the keys over as printed on the Rental Agreement, otherwise the late return fee will be payable. • On return, the motorhome will be given an initial check over to look for any apparent damage or missing articles, a full check will be carried out during the cleaning process. Any issues including cleanliness, damage, missing items, fuel etc, will be communicated prior to the charge being taken and an invoice supplied showing the costs of repair/replacement. • Please ensure that you have refuelled prior to returning otherwise re-fuelling will be charged at £1.50 per litre plus £25 admin fee. • The security deposit will be automatically returned by the card provider after a pre-set number of days, the pre-authorisation can still be finalised with any charges as noted. Providing we have not finalised any payment from the pre-authorisation, the held amount will automatically go back to your account balance. We have no control over the time it will take to appear back in your account. If you have not received it within 28 days after your return date, please contact us and we will assist where we can. 9 - Damage to the Motorhome In the event that the campervan/motorhome is returned with damage, the cost will be charged at the retail price of the part plus the labour fee for fitting the replacement part. • Any damage to the bodywork will be sent to the bodyshop for assessment prior to the charge being made. • If damage has occurred to the roof section, (the roof considered to be any area above the level of the windscreen), will be charged at the full cost of repair out with the terms of the insurance, damage to this area is considered negligent and as such, is not covered by the insurance, these repairs can be in excess of £10,000. • In the event that diesel has been added to the water system, DO NOT RUN THE TAPS, return immediately to EMPIRE MOTORHOME HIRE where they will empty the water tank out to prevent damage to the water system. In this case, the rental will be deemed to be cancelled with any costs incurred being charged to the customer. If the taps have been run, the cost of replacing the water system is £6,500 which is fully payable by the customer. • In the event that charges, including damage repairs and replacement exceed the level of security deposit paid, you will be charged any additional sum to cover this excess and that sum which will be due immediately at the end of the hire. • Any damage to the engine due to the fluids not being checked regularly or due to filling with incorrect fuel will be charged at the full cost of the repairs. • Any event that deems the vehicle unusable, will be liable for loss of use which will be charged at the appropriate daily rate. 10 - Pets EMPIRE MOTORHOME HIRE welcome well behaved dogs into our hire motorhomes which have been designated pet friendly. The intentions to bring a pet needs to be brought to our attention prior to the booking being confirmed to ensure a pet friendly motorhome is being offered. it is the responsibility of the hirer to ensure that any dog travelling in one of our motorhomes/campervans is properly restrained and that any soft furnishings are covered. Failure to cover cushions will incur an additional cleaning charge. If, in the event that a hirer has a pet which has not been disclosed, they will be transferred into a suitable pet friendly motorhome if one is available and the difference in price for one in a higher group will be payable. No refunds for changing to a lower group if it is a suitable alternative. If no other pet friendly motorhomes are available, the hirer accepts that an increased pet surcharge will be levied for the deep cleaning that is required for the motorhome to become allergen free, this will be charged at the pet surcharge fee as displayed on the website plus an additional £150. It is the hirer’s responsibility to ensure that the motorhome is returned in the same condition and that any paw prints have been removed from furnishings. 11 - Mileage Our standard and premium range of campervans and motorhomes have no mileage restrictions. 12 - Smoking Smoking is strictly forbidden inside the motorhome, even with the windows open. Any infringement of this rule will incur a minimum charge of £300. 13 - Weather Conditions EMPIRE MOTORHOME HIRE cannot be held responsible in the event of any damage or inconvenience caused by inclement weather. This includes but is not limited to rooflights or windows being blown off. 14 - Availability Although every effort is made to ensure that the reserved motorhome is available, at times due to operational issues out with our control, a suitable replacement may be available. However, there may be circumstances where it is not possible for us to honour a reservation in which case all payments received by the company will be reimbursed and EMPIRE MOTORHOME HIRE will not be held liable for any additional costs incurred. 15 - Changes to Terms and Conditions We reserve the right to alter the rates and conditions at any time. We also reserve the right to refuse or cancel a hire to any person without warning or explanation. Additions to, or alterations of the terms of this agreement shall be null and void unless agreed upon in writing by all concerned parties. 16 - Ending the Agreement EMPIRE MOTORHOME HIRE will end the agreement immediately and repossess the motorhome is we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We will also end this agreement and repossess the motorhome if you do not meet any of the conditions of this agreement or have obtained the motorhome through fraud or misrepresentation, or the motorhome appears to be abandoned. If you are a company, we will also end this agreement immediately and repossess the motorhome if you go into liquidation or you call a meeting of creditors. If we end this agreement, it will not affect our right to receive any money we are owed under the conditions of this agreement. 17 - Governing Law This agreement is covered by the laws of England. Any dispute may be settled in the courts of that country. 18 - Data Use All customer details held by EMPIRE MOTORHOME HIRE will only be used for the purposes of any rentals and will not be passed to any 3rd party unless it is directly connected to a rental, for example, the police, insurance company or for the processing of any charge notices that are received by the company.