Document 1 Terms and Conditions 1. YOUR CONTRACT WITH THE OPERATOR Threeways Motorhome Hire offers motorhomes for hire strictly in accordance with the following terms and conditions. By taking the vehicle the hirer declares to have read, understood and agreed to this document in its entirety. The hirer is therefore legally deemed to have agreed and accepted all of these terms and conditions and agrees to abide by them. Please read this agreement carefully. 2. GENERAL All Quotations are made, and Bookings accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by Threeways Motorhome Hire in writing. The placing of any booking with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Bookings. In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing. The Client acknowledges that any contract or agreement entered into by the Company with any other body corporate or firm or individual whatsoever for the provision by it or them of facilities or services in connection with the Company’s services shall be entered into by the Company as agent for the client. 3. PRICE The company reserves the right to do the following: (a) Amend any accidental error or omission in a Quotation (b) Amend any quotation in order to reflect a change in circumstances beyond the reasonable control of the company (c) Vary its schedule of charges from time to time (d) Amend its prices in accordance with any changes to the rate of VAT 4. BOOKING CONFIRMATION AND PAYMENT An initial payment of £250 per week is required to confirm the booking, which is non-refundable. A binding contract for the hire will come into existence when Threeways Motorhome Hire issues your booking acceptance. The balance of your hire money is payable six weeks prior to the start date of your hire, or at the time of booking if you book less than six weeks from the start date of your hire. Any documentation you are requested to provide by Threeways Motorhome Hire must be received six weeks prior to the start date of your hire or within two days of booking if less than 6 weeks from the start date of your hire. Failure to provide full payment and documents as above will result in the booking being cancelled and the loss of your initial payment. 5. CANCELLATION All cancellations must be notified in writing to Threeways Motorhome Hire, but please call us immediately to inform us as this will improve the chances of rehiring the motorhome. If cancellation is received more than 6 weeks prior to the commencement of hire, the deposit will be forfeited. All monies due and received within 6 weeks of the commencement of hire are not refundable. Threeways Motorhome Hire reserves the right to cancel hire, if; at the commencement of hire the driver’s licences are invalid or not according to the conditions set out above or if the required documentation is not provided upon request by the vehicle owner. In these circumstances the total hire charge will be forfeited. Hirers are strongly advised to insure against unavoidable cancellation. Threeways Motorhomes Ltd, Faenol Avenue, Abergele, LL22 7HT Tel. 01745 827607 www.threewaysmotorhomes.com Email: [email protected] Vat No. 841 0547 50 Company No. 564339 Wales 6. COLLECTION AND DELIVERY TIMES Unless otherwise agreed with the operator, the motorhome will be available on the day of collection from Threeways Motorhome Hire in Abergele between 11am and 3pm and must be delivered back to us at Abergele by 3.30pm on the last day of hire. Late returns can have significant impact on the next hire. If you fail to return the motorhome on time you may be liable to an extra charge at the discretion of the operator, but typically £50 plus any additional costs incurred by the operator of Threeways Motorhome Hire as a result. There are no refunds for motorhomes returned early. Should the late return of the vehicle make us liable for extra costs (e.g. compensation of the next hirer) we reserve the right to pass on these costs to you. It is also the responsibility of the hirer to allow a time period of 1 hour upon collection of the motorhome and 1 hour upon return of the motorhome for the necessary documents and safety checks to be carried out. Threeways Motorhome Hire is not responsible or liable for any extra charges incurred as a result of late arrivals at any future destination due to motorhome handovers taking place. 7. AVAILABILITY Occasionally motorhomes are not available as agreed, which is almost always due to events beyond the motorhome operator’s control (see below). If your booking has to be cancelled (which the motorhome operator has the right to do) Threeways Motorhome Hire will provide a full refund of all monies, you have paid for your booking. The liability of Threeways Motorhome Hire will be limited to the return of any monies paid by the hirer. 8. EVENTS BEYOND THE OPERATOR’S CONTROL Unfortunately, events beyond Threeways Motorhome Hire’s control occasionally affect bookings. When reference is made to such events in the Conditions of Hire, this means any event(s) or circumstance(s) which the motorhome operator could not, even with all due care, foresee or avoid. Threeways Motorhome Hire can not accept responsibility or pay any compensation, costs or expenses where the performance of your contract with Threeways Motorhome Hire is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond our control. This includes any delays to and/or restrictions to your hire to which you may be subject. However, if your booking has to be cancelled as a result, Threeways Motorhome Hire will of course offer you a refund as described above. The liability of Threeways Motorhome Hire will be limited to the return of any monies paid by the hirer. Hire vehicles are subject to change and a selected vehicle at the time of booking might not necessarily be available at the point of collection. This means that certain vehicle layouts may differ. Please be assured that if your selected vehicle is not available a suitable replacement of equal or sufficient sleeping berths for your party will be made available. Please make sure you explain your vehicle needs with our hire representative at the time of booking to avoid disappointment. 9. SUITABLE PERSONS Threeways Motorhome Hire has the right to refuse to hand over a motorhome to any person who in the reasonable opinion of Threeways Motorhome Hire, is not suitable to take charge. In such cases, all hire charges paid will be forfeited. No one other than the driver(s) named in the insurance proposal form may drive the hired vehicle. 10. PETS No animals other than guide dogs are permitted in our motorhomes. If you are found to ignore this policy, a standard valeting charge of £200 will be applied along with a £250 penalty. 11. SMOKING Threeways Motorhome Hire operates a strict NO SMOKING policy. If you decide to ignore this policy, a standard valeting charge of £200 will be applied as will the cost of replacing items that have been damaged by or from the smell of tobacco products. A penalty of £250 will also be applied. 12. BED LINEN AND TOWELS Bed Linen, pillows and towels are not provided with the motorhome as standard. 13. RENTAL PERIOD You will have the vehicle for the rental period shown in the agreement. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. You can be charged for every day or part day you have the vehicle after you should have returned it. Until the vehicle is returned you will be charged the daily rate of your hire plus 50%. There are no refunds for motorhomes returned early. 14. YOUR RESPONSIBILITIES (a) You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted to or supplied. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel. You are responsible for any damage to the vehicle caused by hitting low level objects, such as bridges or low branches. (b) You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle. (c) You must not let anyone work on the vehicle without Threeways Motorhome Hire’s Permission. If Threeways Motorhomes Hire does give you permission, you will only receive a refund if you have a receipt for the work. (d) You must notify Threeways Motorhome Hire as soon as you become aware of a fault in the vehicle. (e) You must bring the vehicle back to the place agreed, at the time agreed and remain responsible for the vehicle Until this time. We must see the vehicle to check that it is in good condition. (f) You must return the vehicle with a FULL TANK of DIESEL You will have to pay for repairs if: (a) The vehicle needs more than our standard valeting see 17(b) (b) You have damaged the vehicle, inside or out Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle. You must not tamper with the mechanics of the vehicle at any time. 15. CONDITIONS FOR USING THE VEHICLE The vehicle must only be driven by you and any other driver named on the hire insurance policy, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence and the permission of Threeways Motorhome Hire. You or any other authorised driver will: (a) Not use the vehicle for hire or reward (b) Not use the vehicle for any illegal purpose (c) Not use the vehicle for racing, pace making, testing the vehicle’s reliability and speed or teaching someone to drive (d) Not use the vehicle while under the influence of alcohol or drugs (e) Not use the vehicle to travel to rock festivals or unauthorised sports events (f) Not drive the vehicle outside England (excludes Northern Ireland), Scotland and Wales (g) Not use the vehicle to propel or tow any other motorhome or trailer (h) Not overload the vehicle (i) Not use it for a purpose for which you need an operator’s licence if you do not have one (j) Not carry more passengers than the designated seatbelts of the vehicle or allow the vehicle to be overloaded (k) Ensure that when the vehicle is in motion, passengers are seated in the designated seats wearing the seat belt provided or necessary child restraints. The gas must be turned off and any items not bolted down are made secure and stowed correctly (l) Be responsible for the cost of making good damage caused to the vehicle caused by improper use (m) Understand that he/she is responsible for any fines (including parking fines), which may be incurred during the hire period (n) Understand that no claim by the hirer for loss or damage to personal belongings or effects of the hirer or any person or persons will be considered. The hirer will indemnify Threeways Motorhome Hire from any liability (o) Understand that any damage to the interior of the vehicle (including cigarette burns) living or cooking equipment will be charged to the hirer in all cases Threeways Motorhome Hire reserve the right to use the GPS tracker system fitted to the vehicle to identify the location of the motorhome at any given time during the hire period. 16. CHARGES Charges are based on Threeways Motorhome Hire tariffs at the time of booking. You will be charged for: (a) The rental and any other charges we work out according to this agreement (b) For any loss or damage to the motorhome (even if it is accidental or not your fault) Threeways Motorhomes Hire reserves the right to charge up to £1000 to repair the vehicle (equal to the vehicles insurance excess). If the motorhome is not returned in the condition it was collected with regards to interior cleanliness a £200 standard valeting fee will be charged to the hirer. All charges are subject to final audit (c) Any charge for loss or damage resulting from you not keeping to condition 15 (your responsibilities) up to £1000 (equal to the vehicles insurance excess) (d) You must empty the toilet cassette at the end of the hire period. There is a £250 charge for un-emptied cassettes (e) Vehicle is supplied with a FULL tank of fuel, Hirer to re-fill to a FULL tank on return. (f) Gas is included, but should you need to replace an empty bottle during your hire, you must use a gas that is like for like. If you retain a valid receipt a full refund for replacement Gas can be reimbursed when you return your vehicle (g) 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 Threeways Motorhome Hire deal with these matters. (h) Any charges arising from Customs and Excise, Immigration Authorities or any other authority seizing the vehicle, together with a loss-of-income charge while the Operator cannot rent out the vehicle, if and when Threeways Motorhome Hire demand this payment. (i) The vehicle must be returned by the hirer to Threeways Motorhome Hire, there is no collection service offered or implied (j) Value added tax and all other taxes on any of the charges listed above, as appropriate. Any late payment on any outstanding balances. The company reserves the right to charge a daily interest charge of 8% p.a from when the debt fell due. You are responsible for all charges, even if you have asked someone else to be responsible for them 17. THE HIRE INSURANCE The motorhome is insured for the period of the hire ONLY. By signing the attached form, you are accepting the conditions of the hire insurance policy. Fully comprehensive insurance is included within the hire charge. A late return of the vehicle would incur a traffic offence under the road traffic act. Hirers are advised to take out additional personal holiday insurance. We do not offer any damage waiver insurance excess to cover the £1000 damage waiver excess. The hirer may wish to take out an additional policy to cover this should a damage cost be incurred, however it is the responsibility of the Hirer to arrange such cover for themselves.Threeways Motorhome Hire does not any accept any liability for a 3rd party excess agreement and the Hirer agrees to pay any damage waiver excess incurred during the hire period directly to Threeways Motorhomes Hire as soon as it falls due. 18. WHAT TO DO IF YOU BREAK DOWN No responsibility can be accepted by Threeways Motorhome Hire for any loss or damage or expense, which occurs as a result of any defect or breakdown. Threeways Motorhome Hire will not be responsible for hotel costs or any other expenses subsequent to a breakdown. The hirer will indemnify Threeways Motorhome Hire from any liability. If you do breakdown you should: - a) Contact the breakdown service that covers the vehicle b) Inform Threeways Motorhome Hire immediately. In the unlikely event of a breakdown, Threeways Motorhome Hire requests that the hirer seeks the help of the appropriate breakdown company quoting the registration number of the vehicle. Hirers are only authorised to request repairs up to a value of £25, repairs costing in excess of £25 must first be authorised by Threeways Motorhome Hire PRIOR to the work being undertaken. 19. PERSONAL INSURANCE Hirers are strongly advised to take out personal travel insurance to cover against termination of hire due to the unlikely event of a breakdown. No claims by the hirer will be considered in respect of any loss or damage to personal belongings or effects of the hirer or any person or persons. Threeways Motorhome Hire will not be responsible for hotel costs, losses or any other expenses subsequent to a breakdown. The hirer agrees and accepts that the Lessor is not responsible for any loss or damage to any personal effects or goods in transit. It is the Hirer's responsibility to ensure that they have adequate travel insurance to cover personal accident and person effects as stated on the Short Term Rental Agreement. 20. WHAT TO DO IF YOU HAVE AN ACCIDENT No responsibility can be accepted by Threeways Motorhome Hire for any loss or damage or expense, which occurs as a result of any accident. If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also: a) Make the vehicle secure. b) Tell the police straight away if anyone is injured or there is a disagreement over who is responsible; and c) Contact Threeways Motorhomes Hire immediately. 21. WINDSCREENS AND TYRES You are responsible for any damage to windscreens and windows, punctures or other damage to tyres during the period of the hire. Where possible it should be repaired or replaced as appropriate and paid for by you at the time. You should contact Threeways Motorhomes Hire to seek instructions before carrying out the repair. You are also liable for any damage above cab height. 22. PARKING The hirer may park one car free of charge at his/her own risk at Threeways Motorhome Hire’s premises, whilst they are out on hire. 23. OUT OF HOURS CONTACT Threeways Motorhome Hire contact details are on your rental agreement and our office ours are: - Monday to Saturday 9.30am – 5.30pm Sunday 11.00am – 5.00pm Unfortunately, we do not operate an out of hours contact facility. In the event of a vehicle breakdown, please contact the breakdown company using the details provided. 24. DRIVING LICENSES AND SELF-DRIVE HIRE INSURANCE The following conditions apply in respect to the Self-Drive Hire Insurance: - a) Driver age limits apply. All drivers must be at least 30 and under 70 years of age, although all hire age limits are subject to management discretion and are subject to change. b) All drivers must hold a current valid full UK driving license to drive the category of vehicle which the rental agreement relates for at least 5 years c) Two forms of proof of identity (including photo such as a passport) must be produced by all hirers at the start of the hire i.e. Utility bills, Bank statements or Credit Card statements. Mobile phone bills are not acceptable proof of id. d) All drivers must declare on the rental agreement no more than one motoring accident or claim during the preceding three years e) No party to the rental agreement has been convicted of any criminal offence other than a Road Traffic Act offence, f) No party to the rental Agreement has been convicted of any Road Traffic Act offence or series of offences where the penalty points accumulation is 6 or more g) No driver has a prosecution pending for any criminal offence (except for the Road Traffic Act offences of parking, or speeding on one occasion) h) An insurance excess of £1000 per hire vehicle. Threeways Motorhome Hire reserves the right to charge the hirer up to £1000 (equal to the insurance excess of the hire vehicle) to cover any damage, charges or other expenses occurred whilst the vehicle is in the hirer’s possession. 25. DATA PROTECTION AND GDPR All data collected, given and used between the Trader and Consumer will be covered by our Data Protection Policy. This is available on display, on request and on our website. The Trader has conducted a Legitimate Interest assessment (LIA) in reference to all data processed. If you break the agreement, we reserve the right to can give the information you have provided to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1998. 26. ENDING THE AGREEMENT (a) If you are a consumer, we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off debts, or a receiving order has been made against you. We will also end this agreement if you do not meet any of the conditions of this agreement. (b) If you are a company, we will end this agreement straight away if: You go into liquidation; You call a meeting of creditors; We find out that your goods have been taken away from you until you pay off your debts; You do not meet any of the conditions of this agreement. If we end the agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim extra costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle and charge you if we do this. 27. GOVERNING LAW This agreement is governed by the laws of England and Wales. Any dispute may be settled in the courts of that country. Threeways Motorhome Hire reserve the right to alter or add to these terms and conditions.