‘Big Van Adventures.’ Owned by Helen Sturdy, trading as Big Van Adventures, located at Dalginross, Long St, Topcliffe, North Yorkshire, Y073RL TERMS AND CONDITIONS OF BOOKING AND HIRE This Agreement is made between Big Van Adventures and the person/persons completing the Booking Form Big Van Adventures hires this vehicle to you subject to this Rental Agreement and which incorporates these terms and conditions and the information and conditions contained on the booking form that you have completed. In signing this agreement you accept and strictly comply with these terms and conditions. The Rights and obligations contained in these terms and conditions govern your use of our vehicle and are non-transferable. You acknowledge that the vehicle is owned by us and that any attempted transfer or sub rent of the vehicle by anyone other than us is prohibited and a criminal offence. We permit you to use the vehicle on the terms and conditions of this rental agreement only. Except were otherwise stated the words used in this agreement carry their usual meaning. In particular: 1.“The Vehicle” or “the Van” – This means the VW van hired to you under this agreement and as specified to you by Big Van Adventures. including all tyres, tools, accessories and equipment. “We / us” – Big Van Adventures 2.“Hirer” or “You”– The person or persons signing this agreement. 3.“The agreement”, “The Rental Agreement” and “Terms and Conditions” – This agreement and any document expressly referred to in this document including an insurance document. 4.“Booking deposit” – no refundable sum of £150 paid at the time of booking 5.“Security Deposit” – The sum of £500 as detailed below. Booking The van hire booking form must be completed and sent to Big Van Adventures with a non refundable booking deposit of £150 (payable by cheque/BACS or Paypal). On receipt of the booking form complete with terms and conditions agreed online the van will be reserved for the agreed hire period. Payment of Balance The balance of the hire charge (full charge less deposit) is due 8 weeks before the start of your holiday. A security deposit of £500 in addition to the hire charge (payable by Cheque/BACS or Paypal) is required to be cleared 5 working days prior to collection of your van. We will confirm by e-mail when all payments have cleared. Security bond The security bond of £500 is reimbursed on safe return of the vehicle, in the condition in which it left our property subject to a satisfactory inspection by us. This must be paid to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to the van or the fixtures and fittings therein or the living equipment and windows, wheels, tyres etc. included with the van. The van and all its equipment must be returned in good condition, with no damage to it, its contents or any third party property. The van must be returned with a full tank of fuel. Your security bond will be refunded within 7 days of the end of the hire period. Should there be any damage, costs for any repair, replacement or special cleaning, the costs will deducted from this deposit before the balance is returned to you. In the event that there is a claim we reserve the right to retain the security deposit for a longer period as is necessary to quantify the charges incurred which are to be deducted from the deposit. You irrevocably authorise us to deduct from the Security Deposit any amounts due to us arising out of this Agreement. Where the security deposit is insufficient to cover the costs, you will pay any additional amounts due, the amount will be invoiced and you agree to pay all charges within 14 days of the invoice date. Cancellation In the event of a cancellation the following applies: Cancellations should be made in writing or e-mail. Your deposit is unfortunately non-refundable however if you let us know more than 2 weeks prior to hire we will refund 50% of the hire cost (after the £150.00 deposit is deducted) We advise you take out insurance to cover cancellations. Refunds We reserve the right to cancel your booking with full refund of monies received by Big Van Adventures in the case of unforeseen circumstances where a van is unavailable. We will not have any other liability to you. All rights are reserved to refuse any hire under any circumstance. No refund is given for early return of the vehicle. Personal Data When you book the Vehicle, we collect personal information such as your name, e-mail address, home address, telephone number, payment information and hold copies of identification documentation. This allows us to book the Vehicle and insurance for you. If necessary we reveal your identity information to our insurance company. We will not sell your information to another company. Accidents, theft and vandalism You must where possible, report any traffic accident involving the vehicle to the police (and Big Van Adventures Ltd) immediately and report loss, damage or theft involving the vehicle to the police (and Big Van Adventures) within 24 hours of the incident or discovery of the incident. You will need to return to the premises, at your own cost, but preferably with the Breakdown service returning the van. Our insurance requires that you must not admit to any liability, release any party from liability, settle any claim or accept any disclaimer in the event of the accident, but should, if possible, take the names and addresses of everyone involved, including witnesses, car registration numbers, together with all the details of the accident, time, place, how it came about, damage to vehicles etc. If you have a camera, take photos of the scene. Please do not move the vehicles before the police arrive, as long as keeping them in situ is a safe thing to do. An accident or theft report form must always be completed and submitted to us when you return the van or within 3 days of return of the vehicle, containing all the above information, plus diagrams if possible. In the event of theft, you must return the keys to us where possible. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings, providing evidence and attending court if necessary, arising out of any loss of or damage to the vehicle. Your Liabilities Hirers are personally liable for all road tolls, fines and legal penalties (e.g., parking tickets, speeding) which are incurred during the period of the hire. Any charges subsequently notified to us, will be immediately invoiced to the hirer and we will require payment within 7 days. If we are still holding your deposit at this time, we will deduct this sum from that deposit. By signing this agreement, you agree to accept this. Insurance The van has comprehensive insurance for the first and any other named drivers. Insurance is only for our van and equipment that belongs to the van. You are advised to take out your own travel insurance and ensure that this covers personal effects. The hirer and all drivers of the van shall be required to present their UK driving license (photo card & paper licence) together with photographic ID (i.e. passport) plus 2 documents for proof of permanent address (i.e. P60, Utility bill or bank statement) not less than 16 weeks old on commencement of hire. This information is for insurance purposes and will be copied and held for a minimum of 2 years and will be kept in the strictest confidence. You cannot drive away a van without us having sight of your licences and ID documents. No exceptions can be made to this. The Van cannot be hired to or be driven by: - a)Hirers under 25 or over 75 years of age unless otherwise agreed by the Insurer. b)Hirers aged 25 or over unless a full driving licence valid in the United Kingdom has been held for 24 months. c)Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or penalty points imposed. Parking and not more than two speeding offences in the past 3 years may be ignored. “Spent” convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded. d)Persons who have any mental or physical defect or infirmity or suffers from fits, diabetes or any heart complaint. e)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. f)Persons engaged wholly or partly in professional entertainment or professional sports persons. g)Jockeys and persons connected with racing of any sort. h)Undergraduates and/or students under 25 years of age. i)Persons who, whilst driving, have been involved in more than one accident during the past 3 years. j)Foreign Service Personnel other than persons born in the United Kingdom. k)The van shall not 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. The van shall be driven only by the Hirer or other permitted driver who has completed and signed these terms and conditions immediately prior to the hire of the van. If an insurance claim is made, the hirer is responsible for a £500 excess which is due in each and every incident and includes loss or damage to equipment, fixtures and fittings or to third party property. The excess applies in respect of each claim, not rental. Charges If on arrival to collect your van, your licence is unacceptable due to endorsements or defacement, you will be unable to hire the van and no monies will be refunded to you. The charges stated on the rental invoice reflect use of the vehicle during the rental and include basic rental charges, insurance, optional extras chosen by you, and any applicable taxes at the prevailing rate. Additional charges may arise from your use of the vehicle during the rental, and may include loss of or damage to the vehicle and its contents, the insurance excess, refuelling service charge and fuel cost, late return charge, additional driver charge, extra cleaning or damage charge and any road tolls or fines for charges arising from traffic or parking offences during the rental. All charges are subject to final calculation after the rental and is reflected in the 7day holding period of the security deposit. In some cases, we will incur additional charges if the drivers to be insured have traffic convictions, or are using a foreign driver’s licence or works in what our insurers consider to be a high risk occupation or is aged younger than 25 or older than 75, or has criminal convictions, or any physical or mental conditions which may inhibit driving, or has had an accident in the previous 3 years. These charges will be passed to you and will be notified in advance. Payment of Charges All charges and expenses payable by you under this Agreement are due on demand by us. If you do not pay all charges due, a late charge of 1.5% per calendar month on the outstanding balance and any collection costs incurred by Big Van Adventures Ltd, including reasonable legal fees, will be added. When you comprise more than one person, each person is jointly and severally liable for all obligations of you pursuant to this Agreement. Collection We will discuss collection & return times with you. Return is in the morning between 10am & 11am and pickup in the afternoon between 2pm & 3.30pm. When you arrive to collect your van, please ensure you allow at least an hour to complete the paperwork and for us to show you around and how to operate the cooker, sink, fridge, roof, gas cylinder, heater, water storage, etc. You will also need time to load your luggage into the van. When you arrive at our premises to collect your van, please keep your children supervised at all times. We will supply the Vehicle to you in good overall and operating condition, complete with all necessary documents, parts and accessories, and adequately insured. We will check the condition of the Vehicle in your presence at the start of the Hire Period and on return of the Vehicle. We shall provide a record showing agreed defects. During the period of the hire you may park your car at our premises but do so at your own risk. We cannot accept responsibility for the loss of, or damage to your car or its contents unless caused by us. Extent of Hire We would ask that you remain in the England, Scotland or Wales during your hire period. Return If you return the van after the agreed time then the insurance will be void and a penalty will be due. If the van is returned to our property later than the agreed time, without Big Van Adventures Ltd’ prior agreement, £15 per hour will be payable. You will also be affecting the holiday of the next person to hire your van. Should the late return of the vehicle make us liable for extra costs, we reserve the right to pass on these costs to you. Charges and costs for late return will be deducted from your security deposit. By signing this agreement you agree to us making such deductions from your deposit. No refund is given for early return of the vehicle. Please return the van in a clean and good condition. You agree that we are entitled to charge you an additional cost, if the vehicle requires more than our standard cleaning on its return, to restore it to its pre-rental condition, allowing for fair wear and tear. The Hirer is responsible for the care, security and condition of the campervan throughout the hire period. We will be happy to return your belongings left in the Vehicle at a charge of £5 administration cost, plus postage and packing per item. This will be deducted from your Security Deposit. The fuel tank will be full on collection and must be returned to us full. An administration charge of £5, plus the cost of the missing fuel will be deducted from your security bond if the van is returned with missing fuel. Health and Safety You must follow the health and safety guidelines when operating the Vehicle and its appliances, and using any equipment in the Vehicle or awning/tent. The instructions for using the van and its accessories, including the health and safety guidelines, will be given to you verbally, and are to be found in the campervan handbook in the Vehicle. Please take all precautions to protect your own health and safety and that of anyone else in the van or awning/tent, including the health and safety of persons not in your party that may be affected by your conduct and actions. Do not leave your children unattended in the van or tent at any time. Ensure a responsible adult is in the vehicle at all times when the appliances are being used. Ensure you are aware of the location of safety equipment such as the fire blanket, warning triangle, first aid kit, smoke and carbon monoxide alarms and fire extinguisher. Please remember fully tuck in the roof canopy on closure and strap down before driving anywhere. Please only raise the elevating roof when the vehicle is stationary – the ignition is switched off, the hand brake is on and you are parked on level ground. When elevating the roof the rear strap must be released fully prior to releasing the front straps otherwise the roof will be damaged. Ensure gas is turned off at the gas cylinders at all times when the cooker, grill (where available) and heater are not in use. Please ensure all the appliances are switched off and the gas is turned off at the cylinder before retiring at night and before driving. Only use the appliances and facilities whilst the vehicle is parked on level ground, with the handbrake on. Before starting to drive the van, always ensure the electrical supply is disconnected. Please always ensure the table top is carefully stowed and held in place to ensure it remains safely secure should you need to brake unexpectedly. Do not use any BBQ in the immediate vicinity of a campervan or awning/tent, keep it at a distance of at least 3 metres from the awning/tent and van when used. It is illegal to smoke inside our Vehicles or awnings/tents. You will be liable for any damage caused to either, or their contents, through smoking. Although your campervan may have a tow bar, towing with the campervan is prohibited. We cannot be held responsible for the cleanliness of drinking water obtained from various campsites and you are advised to check this with the site owners on arrival. The water stored in the van is not drinking water. We do advise that you drink bottled water. You must carry only as many passengers as there are seat belts in the van. You are legally responsible for obtaining and using a child or baby seat. For each child under 135 cms (4’5” inches approx.) or under 12 years of age you must use a booster seat. See www.thinkroadsafety.gov.uk/campaigns/childcarseats. Suggestions for an enjoyable ride of the classic vehicle Keep the speed down – your van’s top speed is 60 mph the van was built in the 1970s when vehicles were very different! You will find the gears and brakes very different to modern cars and it is advisable to leave lots of space and allow lots of time for braking and gear changing. Don’t let your van struggle up hills – better to change down and keep the revs up. The hirer agrees that he or she shall not •allow the vehicle to be overloaded. •use the vehicle to carry passengers or goods for hire or reward. •tow or push any vehicle, trailer or other object drive off road (this includes driving on beaches), on unsurfaced roads or on roads unsuitable for the vehicle •drive when loads are not properly secured. •carry any object or any substance which, because of its condition or smell may harm the vehicle and/or delay our ability to rent the vehicle again •take part in any race, rally, test or other contest •drive or park in contravention of any traffic or other regulations •use the vehicle for any illegal purpose •use the vehicle for sub renting •drive or be driven in restricted areas including, but not limited to, airport runways, airport service roads, and associated areas •undertake driving training activity •damage the van by immersion in water or contact with salt water, •put the van through a rotary car wash. Camping Gas Gas is provided for the cooker, if the gas runs out please arrange refill and we will refund on return providing you have a vat receipt. Pets We welcome pets. We charge £10 per hire (a maximum of 2 medium sized). This is for additional cleaning. Pets must be disclosed on our Booking Form and only pets that we confirm are acceptable may be brought into the van. All damage, however caused by your animals, will be charged to you. You undertake to comply with current law concerning the carriage of animals when travelling in the van at all times. Pets must never be left alone or unsupervised in the van and must sleep in appropriate dog beds. Keys If keys are lost or damaged, you are liable for the reasonable costs of and relating to obtaining replacements, and further costs if this leads to the theft of the Vehicle. Breakdown We have a comprehensive breakdown cover in place. In the event of the van being irreparable we will refund the remainder of your hire period. Each van comes with full breakdown cover, you'll find this and a number of useful contacts in your vehicle documents pack. In order that we can assist you we would ask you to phone us as well as the recovery service, to inform us if you breakdown. If you incur any minor repair bills we will give you a refund of up to £50. Just produce your valid vat receipt on the completion of your hire. Repairs costing in excess of £50 must first be authorised by Big Van Adventures Ltd PRIOR to the work being undertaken. We cannot accept liability for any costs arising from accident, breakdown or any other cause, e.g. replacement vehicle costs, travel, accommodation. Big Van Adventures Ltd liability extends to ensuring your safe return to our property and refund for any days you lose the total use of the vehicle. If you have broken down you must remain at a safe distance from the vehicle until the Recovery Vehicle arrives. You may not abandon the vehicle at the roadside if you wish to continue your journey with another form of transport. You may hand over the keys to an authorised Recovery Vehicle Driver. Engine Care If there is damage or breakdown caused by your own actions you will be liable for the cost of repair/replacement. This could be such things as pushing the engine too hard, or putting diesel in a petrol engine or vice versa, or burning out the clutch. This list is not exhaustive. Please turn the engine off in traffic jams to prevent overheating. You must take all reasonable and practicable steps to properly and safely maintain the camper including regular checks on; engine oil and other gauges, bulbs and tyre pressures and condition when driven more than 500 miles, refilling or replacing as necessary. Your handover document will show the mileage on your vehicle on the day of collection. Tyres You agree that the tyres on the Van are visibly sound and appear within legal limits. Any damage or repair to tyres is your responsibility, unless it can be shown that damage is due to invisible defects in the manufacture of the tyre which are covered by a manufacturer’s warranty, in which case we may reimburse you. For any reimbursement you must: a) Return the defective tyre to us for inspection and return; b) Produce appropriate receipts; and c) Accept the decision of the manufacturer as to whether reimbursement is made. Our Liability to You We will not be liable for any loss or damage suffered by you or any member of your party or to your or their property, except where such loss or damage is due to our negligence. If we are negligent our liability to you will be limited to the loss or damage which was a foreseeable result of such negligence. Except in the case of death or personal injury resulting from our negligence, our total liability to you in respect of any breach of these Terms and Conditions or other act or omission by us in connection with this contract shall be limited in aggregate to the price agreed to be paid by you for the right to use the van for the period agreed. Whole Agreement These Terms and Conditions override and supersede all previous versions and any previous course of dealing between the parties and incorporate the whole agreement together with any insurance conditions notified to you at the time of hire or collection. In the event of any inconsistency between these Terms and Conditions and any other of our literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms and Conditions will prevail. Breaches of these Terms and Conditions If you commit a breach of these Terms and Conditions we will have the right to terminate your booking and if you are already in the van, we may require you to vacate it immediately. A breach of these Terms and Conditions includes, without limitation, failure to comply with our instructions (about how to use the van), or health and safety advice or circumstances where your behaviour, or that of your guests, is likely to have a significant adverse effect upon the van or people or property in the vicinity. In the event of you committing a breach of these Terms and Conditions no refund of the fees you have paid will be returnable to you. You will also be liable for any costs incurred in returning the van to our premises. Breaches in our Terms & Conditions or Health and Safety Guidelines may invalidate your insurance and you will be liable for all losses howsoever sustained including claims by third parties. Governing law and jurisdiction We and you agree that the Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. We and you irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter. Finally We ask that you exercise caution at all times in the use of the van and its equipment, following instructions (given verbally on collection and provided in your campervan handbook) where appropriate. Please do not hesitate to contact us if you are unsure about how to operate anything. Big Van Adventures cannot be held responsible for any customer negligence where instructions have not been followed, or where unauthorised equipment has been used. You warrant that all information supplied to us in connection with this agreement is true and complete. In particular, on collection of the van you warrant that information supplied with the original booking has not materially changed, including but not limited to the number of points on a driver’s licence. I agree to be bound by the terms and conditions above which I have seen and read Hirers Name (Print)______________________________________________________________________________________ Hirers Signature ________________________________________________________________Date __________________ Driver 1 Name (Print)______________________________________________________________________________________ Driver 1 Signature _________________________________________________________________Date __________________ Driver 2 Name (Print)______________________________________________________________________________________ Driver 2 Signature _________________________________________________________________Date __________________