My Way High Way Ipplepen Weavering Street Maidstone Kent ME145JN My Way High Way’s Terms and Conditions Definitions ‘I’, ‘me’, ‘my’, ‘you’, ‘yours’, ‘yourself’ and ‘hirer’ refers jointly and severally to the person or persons who are the customers. ‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hirers Name / Contact’ on the Rental Agreement, any person whose credit or debit card is presented in payment of the customer’s charges, or any person who deems themselves to be the legal entity and ultimately responsible for the motorhome. Should the legal entity be different from the driver, then full name, address and contact phone numbers must be supplied. ‘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 My Way High Way literature, the provisions of these Terms and Conditions apply ‘Booking’ the confirmed reservation of a motorhome hire and includes the payment of the booking deposit (£200) and/ or full balance for the rental. ‘Booking Deposit’ means the monetary amount required to confirm the motorhome booking. ‘Office’ My Way High Way, Ipplepen, Weavering Street, Maidstone Kent ME145JN ‘Rental Period’ Means the hire period as stated 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. ‘Vehicle’ Means the vehicle as stated 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 My Way High Way. ‘Living Equipment’ Includes but is not limited to, TV and aerial, Oven, Microwave, Fridge, Radio, crockery, cutlery, cooking utensils. ‘Security Deposit’ Means the amount (£1000) held as security by My Way High Way in relation to this hire. ‘Overhead damage’ Is deemed as any damage sustained to any part of the vehicle, its equipment and or any third party property which occurs above 6 feet (1.83 metres) in height measured from the ground upwards. 1. Office My Way High Way, Ipplepen, Weavering Street, Maidstone, Kent ME14 5JN 2. Handover Times – Collection from 11am on the agreed date, unless otherwise agreed – All vehicles must be returned by 4.00pm on the agreed date, unless otherwise agreed Please allow 1hr for our detailed handover when collecting the motorhome. 3. Hire rates quoted include: – 1000 miles per week in UK (milage in excess of this will incur a fee of £0.20p per mile) 3.1 UK standard vehicle insurance Insurance loading. In some cases, My Way High Way will incur additional charges if the driver to be insured has a traffic conviction, more than 1 insurance claim or is in an occupation which is deemed high risk. These charges will be passed onto the customers. 3.2 UK Standard equipment & breakdown Inspired Motorhome Hire 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, wrong or insufficient fuel, keys locked in Motorhome etc will be the responsibility of the client. All prices quoted in the Agreement are gross prices. 4. Minimum Hire This ranges from 3 to 7 nights depending on the season. Inspired Motorhome Hire reserves the right to increase the minimum hire period for certain events. 5. Payment A booking is only binding after it has been confirmed by My Way High Way and a booking deposit of £100 has been received. Our terms and conditions including cancellation policy apply from this point onwards. Once the booking is confirmed, a confirmation email will be sent out to the client. Settlement of the remaining balance will be due 28 prior to departure. My Way High Way reserves the right to cancel the booking if payment is not received 28 days prior to departure. Payment is accepted by bank transfers. For late bookings (less than three weeks before departure) the full rental price is payable on booking. Vehicles will not be released without full payment being completed. My Way High Way reserves the right to increase the booking deposit for certain events or promotions. 6. Cancellation charges More than 6 weeks before: 25% of total hire cost or Booking Deposit (whichever is greater) 3 weeks – 2 weeks: 50% of total hire charge 2 weeks – No Show: 100% of total hire charge A No Show is deemed as the customer not presenting themselves on the first day of the rental period to collect their motorhome and not communicating to My Way High Way prior to this date that will be collecting the vehicles on an alternative date/time within the booked rental period. Should the hire be deemed a No Show, the booking will be automatically cancelled at close of business that day, the vehicle will be released for re-hire and no refunds what so ever will be due. My Way High Way cannot postpone or transfer money from one hire to another. My Way High Way reserves the right to amend our cancellation policy for certain events. 7. Extras extra driver is £10 per day. paid for the length of hire 10. Car Parking facilities My Way High Way does allow customers to leave their vehicles at their own risk onsite in for the duration of their motorhome hire as long as they do so at their own risk; My Way High Way cannot and will not be held liable for any damage caused to their vehicle whilst on site, the customer locks and secures their vehicle and removes any personal items on show. 11. Motorhome Collection & Return Collection: Please allow 1 hour for the hand-over at the office – to complete the documentation and demonstrate your vehicle to you. All drivers need to be present on collection of the motorhome and bring their full valid licence, passport and two forms of proof of address dated in last three months, i.e. utility bill, council tax bill or bank statement plus bank details for security deposit payment. Please see section 27, Drivers for further details. Return: The vehicle must be returned on the correct date, and before the time stated on the rental agreement – please allow 1 hour for the hand-over at the depot. Vehicles must be returned undamaged, with a full tank of diesel, empty waste water and toilet cassette and the interior clean and in the same condition as they left the depot, otherwise a charge will be made for additional Valeting and or Upholstery cleaning. In addition a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return. Please see section 17, Rental and other charges for further details. Please note: there are no toilet emptying facilities at My Way High Way office so this must be emptied prior to return Late return: If you will be late returning, My Way High Way must be advised immediately. Failure to advise may result in prosecution for driving whilst uninsured. An additional charge of £10.00 per hour will be payable for all late returns 12. Motorhome Systems My Way High Way will carry out a full Pre Checkout Inspection (PCI) on every motorhome before the commencement of hire. The PCI involves testing every system on board the motorhome to ensure they are operating correctly. In conjunction with this the hirer will be taken on a tour of the motorhome and shown how each system works. Should an onboard system fail during your hire, My Way High Way will make every effort to remedy the fault whilst you are away but in some circumstances this may not be possible and My Way High Way cannot be held responsible and will not refund any monies should a loss of service be encountered nor have any obligation to provide a replacement vehicle. In the case of winter hire, My Way High Way cannot and will not be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the hirer. 13. Vehicle acceptance You acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Motorhome Handover Checklist and with a full diesel tank, full LPG gas bottle and full fresh water tank You acknowledge that My Way High Way will not refund to you any monies if the Vehicle is returned or you cease to have use of the Vehicle or an item of equipment on the vehicle prior to the return date for any reason e.g. Accident, weather, theft or damage 14. Change of Vehicle My Way High Way reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle ordered. In that event, you shall not be liable for any increased rental pertaining to the substitute vehicle. Such substitution shall not entitle you to any refund and does not constitute a breach of this Agreement. 15. Rental and Other Charges You will pay My Way High Way All rental charges The security deposit The nominated valeting fee (£100) and /or upholstery cleaning fee (£200) 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 and/or an additional fee of £50 if grey water isn’t emptied. The cost of refilling the Diesel should the tank not be returned completely full Diesel charges: ¾ to full = £75.00 ½ to ¾ full = £90.00 ¼ to ½ full = £120.00 empty to ¼ full = £140.00 The Late fee of £50.00 per hour should the vehicle be returned after the agreed time as stated on the rental agreement The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance or delivery of the vehicle The cost of any damage to the Vehicle or third party property, subject to the insurance The insurance excess should there be damage involving third party property or the theft of the Vehicle. Applies in respect of each claim, not hire. All government fees and duties etc All parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period Any other fees or charges payable by you pursuant to this Agreement. This includes any costs incurred by My Way High Way as a result of any breach by you of the terms of this Agreement Demurrage; the nightly rental rate for the period the Vehicle is off fleet; for example for accident repairs Any additional costs over and above the security deposit value should damages exceed the security deposit value The cost to recover a Vehicle In the case of gross negligence My Way High Way reserves the right to recover full costs in order to return the motorhome to the state in which it was handed over 16. Security Deposit There is a refundable GB £1000 Security Deposit payable by bank transfer. The payment should be in the lead drivers name. Pre-paid currency cards cannot be accepted. My Way High Way reserves the right to increase the security deposit in certain circumstances or for specific events e.g. World Cup events, Festivals, for any other hire where the Motorhome is carrying 4 or more adults. Cheque payments and cash are not accepted against the security deposit. You agree to pay the Security Deposit via bank transfer 2 days prior to collecting the vehicle. You irrevocably authorise My Way High Way to deduct from the Security Deposit any amounts due by you to My Way High Way arising out of this Agreement The security deposit will be refunded within 2 working days of the vehicle being returned to the office as per the criteria set out in section 13, Motorhome collection and return and there are no outstanding insurance claims. It will not be refunded on return of the motorhome. Should any damages or costs exceed the security deposit the customer will be responsible to settle all additional costs over and above the security deposit value within 7 days of your hire end date 18. Use of the Vehicle You agree that during the rental period, you will not and will not allow the Vehicle to be: 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 you to My Way High Way Driven by a person under the influence of alcohol or drugs or with a blood alcohol level more than that permitted by law Left open whilst the vehicle is unoccupied Left with the ignition key in the vehicle while it is unoccupied Left unoccupied without the steering wheel lock applied Driven by persons Under the age of 21 years Over the age of 79 Who is not authorised by law to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading ‘Driver/Hirer’ on the Rental Agreement Damaged by: Submersion in water Contact with Salt Water Used for any illegal purpose for any race, rally 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 this agreement Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material Otherwise used in breach of my obligations under this Agreement 19. Road Restrictions All Vehicles may only be driven on sealed / bitumen roads You acknowledge that My Way High Way 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 20. Alterations to the Vehicle You shall not make any alterations or additions to the Vehicle without the prior written consent of My Way High Way 21. Title to Vehicle You acknowledge that My Way High Way retains title to the Vehicle and its contents and that you possess the goods as a mere bailee only. You do not have any right to pledge My Way High Way’s credit in connection with the Vehicle and agree not to do so. You 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. 22. Smoking All My Way High Way motorhomes are non-smoking vehicles. My Way High Way reserves the right to impose additional Valeting and or Upholstery cleaning fees and charge demurrage should smoke be detected in the motorhome. 23. Passengers My Way High Way authorises the use of these vehicles up to the stated number of passengers. Each person is to use the safety restraints always provided whilst the vehicle is in motion. Children up to 12 years of age or 135cm in height, whichever they reach first, must use the correct child restraints appropriate for their weight/height under UK law. 24. Dogs There is no charge for dogs, maximum of 2 per hire, All pets must be secured when travelling 25. Drivers Age limits: Standard insurance: 21 to 79 years Insurance for over 70’s drivers: 23-24 and 71- 75 years. This is by special request and agreement only with My Way High Way & their insurer. My Way High Way must be notified at the time of booking should any driver be over the age of 70. Additional information will need to be provided. Cover is not guaranteed. Maximum of 3 drivers per rental. All drivers must have held a valid licence for more than 2 years than entitles them to drive a UK category B vehicle up to 3500kg GMW Driver must be able to demonstrate that they have driven on a regular basis (More than 3 times per week) for at least 3 years and feel confident to drive a vehicle of the dimensions of our largest motorhome 7.3m long 2.6m wide and 3m high Drivers must hold a manual licence. All drivers must be present at checkout of the Motorhome. No exceptions can be made Production of a full, valid standard driver’s licence, as well as a valid passport are required from all drivers at the start of hire Copies will be taken of all identification presented and will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s) If you have a photocard GB licence we require the photocard and your NI (National Insurance) number to check your licence details on the DVLA’s online system. We are unable to insure you if we have not DVLA checked your licence details. We need to physically see your driving licence prior to the hire commencing. If you have a modern Northern Ireland licence we require both the photocard and paper counterpart Your licence address must be your current home address. We require two forms of proof of address for each named driver from within the last three months. Examples include utility bill, bank statement, council tax bill. All drivers who licences are issued outside of the EU or Commonwealth are required to supply a valid International driving permit alongside your standard licence at the start of hire. This must be issued in the country your standard licence was issued and confirm you are able to drive a UK category B vehicle up to 3500kg GMW. Should any driver fail to present all correct documentation and identification on collection of the motorhome or do not meet the driver requirements stated in the terms and conditions, then My Way High Way will be unable to release the motorhome and no refunds will be given Endorsements on licences: you must declare at the time of booking if there are any endorsements on your licence. Inspired Motorhome Hire can accept up to 6 speeding points that occurred within the last 3 years (charges may apply). For more than 6 points, for any conviction other than for speeding, including, but not limited to the following codes: AC, BA, CD, DD, DR, IN, LC, MS, UT, MR and TT or for any driver disqualification within the last 5 years Inspired Motorhome Hire may not be able to get cover for. No refund will be given if the hire is cancelled because we are unable to insure you to drive. Insurance claims: You must declare at the time of booking if you have made or had vehicle insurance claim made against you within the last 5 years. My Way High Way may not be able to get cover should you have had 1 or more claims within the last 3 years Driver occupations: you must declare your occupation on collection of the vehicle. My Way High Way may not be able to offer cover for the following occupations: Celebrities Sports personalities Musicians Entertainers Serving Foreign Armed services personal/ Embassy employees based in the UK Students under the age of 30 Should the driver not disclose that they fulfil one of the above occupations even in a part time capacity, this will render the agreement as void and the hirer will be fully liable. Drivers are personally liable for all legal penalties (e.g.: parking tickets, congestion charges, speeding fines) which are incurred during the period of hire My Way High Way is unable to insure any driver with no fixed abode 26. Insurance (provided all the personal information supplied is correct) The Vehicle is insured for theft and damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer (including death or bodily injury to the driver) or cover any personal possessions. The hire rate quoted includes a standard excess of GB £500.00 per accident, reported incident or Vehicle theft. In the event of any damage to either the vehicle or third party property, the hirer will be liable for the first GB £500.00 per claim. Please note that no insurance cover is offered for overhead damage, any damage deemed as gross negligence ( i.e. fuel in the water tank or misfiling , or any internal damages, including fire caused by a cooking/heating incident, therefore the hirer accepts fully liability for these which is in addition to the standard vehicle excess should that apply. Windscreens and /or tyre damage is not covered by the standard vehicle insurance and therefore excess. My Way High Way will be responsible should damage to personal possessions or bodily injury occur (including death) as a result of proven gross negligence on My Way High Way’s part i.e. our actions or failure to act. My Way High Way will not be responsible for any loss which is a side effect of the main loss e.g. loss of profits or opportunity. This is separate from the vehicle insurance provided. Holiday Insurance All customers are advised to take out their own holiday insurance upon booking. My Way High Way are unable to refund any booking deposits/payments received, if any events are cancelled or you are unable to go ahead with your motorhome hire for any reason. 27. Vehicle Damage – Insurance Cover You are aware that: The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer or their possessions Standard Insurance does NOT cover overhead damage. The hirer will be responsible for the cost to repair all damages You will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is £500.00 per claim, not per rental You will not have any insurance cover and you will be responsible for the total cost of any damage if you breach any of the terms of this Agreement You will be responsible for any damage caused through gross negligence and will not be covered by the insurance. 28. Responsibility when accident occurs In the event of any accident, loss or damage arising out of the use of the vehicle, you will Notify My Way High Way within 2hrs 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 Not make any admission of liability to other parties, settlement offer or other like offer Assist My Way High Way in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence You acknowledge that the excess or other amount due by you 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, regardless of which party is at fault You 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 No security deposit or insurance excess will be refunded until claim is settled 29. Maintenance You shall take all reasonable steps to properly maintain the Vehicle, including checking oil, coolant, tyre pressures and batteries. You are aware that the vehicle will be supplied with a full tank of diesel, a full tank of gas and that it is my responsibility to replenish these throughout my hire and return these all full otherwise charges will apply. My Way High Way will not be held responsible should you run out of any of these during my hire You acknowledge that My Way High Way will reimburse you for expenditure up to UK £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 DVD equipment, provided that: You produce relevant receipts: and You have received the prior consent of Inspired Motorhome Hire The damage is not due to my fault or my breach of this Agreement Subject to the terms of this agreement, you will pay for the cost of repairing or replacing tyres damaged during the Rental Period. My Way High Way will reimburse you for expenditure reasonably incurred if: The tyre is defective and is returned by you to My Way High Way for inspection; and You produce relevant receipts; and The manufacturer accepts liability under his warranty You will be liable for any costs associated with allowing the engine oil, coolants to run empty and cause damage to the vehicles engine You will be liable for any costs associated with the incorrect use of fuel. All My Way High Way motorhomes run on DIESEL 30. Payment When payment is paid you agree that: My Way High Way is irrevocably authorised to complete any documentation and to take any other action to recover all amounts due by you pursuant to this Agreement, including but not limited to those outlined in section 17, Rental and other charges You will not dispute your liability to My Way High Way for any amount due under this agreement and you shall indemnify and keep My Way High Way indemnified against any loss incurred (including legal costs) The Security Deposit will be returned within 7 days after the completion of the Rental Period, as per section 19. The Customer agrees that My Way High Way is entitled to recover payment from the Customer, in respect of any amounts due which were not known at the time of returning the Security Deposit. You acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially paid as a security deposit and the amount refunded within 7 days after the expiration of the rental period. You release My Way High Way from any liability for such variation 31. Payment of Charges, Joint and Several Liability All charges and expenses payable by you under this Agreement are due on demand by My Way High Way . If you do not pay all charges on time, you agree to pay interest at 2.5 per month above the base rate as published by My Way High Way on the outstanding balance and any additional costs incurred by My Way High Way , including reasonable legal fees to recover the outstanding money owed. 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. 32. Terminating the Agreement You acknowledge that My Way High Way may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that you will pay the reasonable costs of repossessing the Vehicle, including towing charges if: You are in breach of any term of this Agreement You have obtained the Vehicle through fraud or misrepresentation Any statement, representation or warranty made by you in respect to yourself or additional drivers is incorrect The Vehicle appears to be abandoned The Vehicle is not returned on the agreed return date or My Way High Way reasonably believes that the Vehicle will not be returned on the agreed return date My Way High Way considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger. You understand that in the event of such termination or repossession, you have no right to a refund of any part of the rental charges or the Security Deposit 33. Release and Indemnity of I My Way High Way Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, you release My Way High Way , its employees and agents, from any liability to you (regardless of who is at fault) for any loss or damage incurred by you 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 My Way High Way premises or recovered or handled by My Way High Way. Subject to any insurance arrangements agreed with My Way High Way, you hereby indemnify and shall keep indemnified My Way High Way, 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 34. Changes Any changes to this agreement must be in writing and must be signed on behalf of My Way High Way and by me 35. Force Majeure My Way High Way will make every effort to ensure that the reserved Motorhome is available for you at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Motorhome is not available our liability is limited to the refunds of all monies paid by you. 36. My Warranties You warrant that all information supplied by you to My Way High Way in connection with this agreement is true. 37. Proper Law This agreement shall be governed by the law of Great Britain in which this agreement was signed. 38. Data Protection Your personal data and information that you have provided to My Way High Way will be processed for the following purposes and in accordance with our Privacy Policy. By entering into this agreement, you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle which may include your location(s) from our vehicle tracking system and also diagnostics (telematics). We may use your information to analyse statistics, for market research, credit control and to protect our assets. You agree that if you break the terms of this agreement we can pass your personal information to any relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998. We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and our own privacy policy and any other applicable data protection legislation. 39. 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. Inspired Motorhome Hire reserves the right to add or amend the vehicle specifications and rental charges without prior notice. This agreement does not affect your statuary rights under civil law. Signed by Driver 1…………………………………………………………………….Date …………………………….. Driver 2…………………………………………………………………….Date ……………………………… Driver 3…………………………………………………………………….Date …………………………… Staff member of My Way High Way ……………………………………………….Date ……………………