Terms and Conditions of Hire This agreement is between Go Cumbria Motorhome Hire Limited (GCMH) and the hirer (you) Go Cumbria Motorhome Hire Limited (GCMH) offers motorhomes for hire strictly in accordance with the following terms and conditions: 1. Acceptance of Terms and Conditions By completing the Booking Form (either online or otherwise) the hirer is accepting the Terms and Conditions as outlined by Go Cumbria Motorhome Hire Limited (hereafter referred to as GCMH) in this document. The conditions of this Agreement apply to any vehicles, including replacement vehicles, rented from GCMH. 2. Bookings and Payments Hire Fee A booking can only be made by completing the Booking Form and paying the required initial deposit. This initial deposit is non-refundable and will not be repaid in the event of the hirer’s cancellation. A further non-refundable deposit may be due for hires of longer than 14 nights, this will be advised at the time of booking. The booking form will give the dates that all payments are due. GCMH reserve the right to cancel the booking if payments are not received when due. Any payments made are not refundable should the hirer subsequently cancel the hire and GCMH are not able to fill the hire periods on the same terms. Hirers are therefore advised to take out adequate holiday and/or cancellation insurance. Damage Deposit There is a damage deposit due from the hirer which must be paid before the vehicle is collected from GCMH. This damage deposit will be released back to the hirer within 72 hours of the vehicle being returned to GCMH in the same condition that it left GCMH. If there has been any damage then GCMH reserve the right to withhold the damage deposit until a full assessment of the damage has been carried out, or costs are known due to the breach of any other term or condition. GCMH reserves the right to increase the security deposit for specific events (e.g. sports fixtures, music festivals etc). Please note that the vehicle insurance cover does have specific exclusions and should only deemed as insurance against major vehicle accidents and theft. It does not cover minor damage to the vehicle in most circumstances, nor does it cover damage to the interior of the motorhome. Please do take care of the motorhome! Please see the insurance sections of this document for further information. 3. Collection of the Motorhome Collection Time: The motorhome will be ready for collection at the time specified on your booking form. It is important that collection is made at this time. If your arrival time is likely to be later then please advise us so that we can make any necessary arrangements to try and accommodate the change of time. Identification: Before collecting the vehicle the hirer MUST produce ALL ITEMS requested on the document ‘Identification Documents Required’. If this identification is not provided by the hirer then the motorhome will not be released by GCMH for hire. All monies paid for the hire (excluding the damage deposit) will be forfeited by the hirer and will not be refunded by GCMH. The motorhome will be filled with fuel by GCMH (less fuel from the nearest filling station) and have two gas bottles – one full and one in service. Parking for one vehicle at GCMH’s premises is permitted during the hire period. GCMH accepts no liability whatsoever for any loss or damage caused to your vehicle. You should ensure that your vehicle is suitably insured for the duration of your hire if it is left on our premises. 4. Use of the Motorhome The vehicle must only be driven by the person(s) named in the Agreement, or by anyone GCMH authorises in writing. Anyone driving the vehicle must be aged between 25 and 75 and must have held a full licence for no less than a period of 2 years at the rental start date. The hirer or any authorised driver must not: a) Use the vehicle to attend any organised event/ festival without the prior agreement of GCMH. b) Use the vehicle for hire or reward, competition or trial, or for towing a trailer of any description. c) Use the vehicle for any illegal purposes d) Use the vehicle off-road, other than to enter a recognised camping site. e) Use the vehicle under the influence of alcohol or drugs. f) Carry a number of passengers or baggage which would cause the vehicle to be overloaded. g) Drive the vehicle outside the United Kingdom unless permission is given in writing by GCMH. The hirer must note that Foreign Travel Vehicle Insurance is compulsory if the vehicle is to be taken outside the United Kingdom, and has to be proposed to the Insurer by GCMH at time of reservation. h) Use the sun canopy/awning or attempt to wind it out under any circumstances. The sun canopies are not in use due to previous experience of costly damages and the affect this has on subsequent hires. They are not covered by the insurance company due to the high likelihood of damage should they be used. The hirer must look after the vehicle and keys. The hirer must always lock the vehicle when he/she is not using it, and will incur a charge (which GCMH will set from time to time) for lost keys. The hirer is responsible for ensuring that he/she uses the correct fuel. Any costs incurred by GCMH to rectify any damage or potential damage caused by the hirer using the wrong fuel, shall be payable in full by the hirer. The hirer is responsible for any damage not covered by the insurance policy (see insurance section). By signing the Booking Form the hirer accepts that GCMH can deduct any of the penalty payments mentioned in these terms and conditions from your damage deposit and that they can pass your details on to any relevant authority that may need them. (We will never pass your details on to third parties that wish to sell you their services) Any damages or costs incurred not covered by the insurance, which amount to over and above the damage deposit, must be paid by the hirer on demand, and in full. The hirer is responsible for any fines, court costs or other penalties incurred for parking, traffic or other offences, including any costs which arise if the vehicle is clamped The hirer must not sell, rent or dispose of the vehicle or any of its parts. The hirer must not give any legal rights over the vehicle. The hirer must not let anyone work on the vehicle without GCMH’s written permission. The hirer must let GCMH know as soon as he/she becomes aware of any defect(s) or damage in or to the vehicle. The hirer must check before he/she brings back the vehicle that he/she has not left any belongings in the vehicle. GCMH shall have no responsibility for any belongings left in the vehicle. 5. Return of the Motorhome Return Time: The motorhome must be returned by the return time specified on your booking form, in order that the vehicle may be prepared in good time for the next hirer. If the hirer does not bring the vehicle back on time he/she is breaking the conditions of the Agreement. Late return of the vehicle will result in a £75 charge for each full hour the vehicle is returned late. Any extensions to the hire period must be agreed by GCMH prior to the beginning of the extension period. GCMH can charge the hirer for every day or part-day the hirer has the vehicle after he/she should have returned it to GCMH, plus any losses incurred from GCMH’s failure to meet any subsequent rental periods caused by the hirer not returning the vehicle on time. There are no refunds for motorhomes returned early. Motorhome Condition upon Return Diesel: A full tank of diesel is supplied with the motorhome at the commencement of hire and the hirer must return the motorhome with a full tank of fuel (less fuel from the nearest filling station). There will be a surcharge of £25 plus the cost of fuel for any fuel shortage. Gas: The motorhome is supplied with two gas bottles, one in service and one full. If the hirer requires additional gas whilst on holiday they are responsible for the cost. Cleanliness: The hirer shall return the vehicle and its contents in the same condition as when hired, with the interior and appliances clean. All vehicles must be returned with the waste water tank emptied. Failure to empty the waste water tank will result in a £50 penalty charge. The chemical toilet cassette must be returned emptied and cleaned. The toilet hatch must also be clean. A charge of £50 for the cleaning of chemical toilets or the hatch will be made if necessary. Vehicles returned in an unreasonably dirty interior or exterior condition shall incur a £150 penalty charge. These charges will be deducted by GCMH from the hirer’s security deposit. 6. Insurance The vehicle is covered by Self Drive Hire Insurance within the UK, paid for by GCMH on an annual basis. This is subject to all the terms and conditions in this document being met and your compliance with driving laws. Although it is a fully comprehensive vehicle policy, this insurance policy does not cover every eventuality and we ask that hirers are mindful of this and look after the motorhome to the best of their ability. Any damage not covered by the vehicle insurance policy is the responsibility of the hirer and any financial consequences must be met by the hirer. Drivers must be aged between 25 and 75 years of age. Each named driver must produce all items of ID required in the document titled “Identification Documents Required” in the manner specified. Licence is to be free of endorsements for the last five years, other than those minor endorsements which are acceptable to the Insurers. It may be necessary for referral to be made to the GCMH’s Insurers at the time of booking to ensure that any endorsements meet with their criteria. All previous motoring convictions are to be disclosed to GCMH at the time of booking (the hirer recognises and agrees that this is a fundamental term of hire). In all cases, the hirer shall be responsible for all damages and costs incurred, with no limit, where any of these terms and conditions has been breached. The insurance does not include any personal insurance for the hirer and any occupants or cover any personal possessions. The insurance cover does not cover certain areas and the hirer will therefore be fully liable for damage to any of the following: the front and rear bumpers, any part of the motorhome over 6ft (it is the drivers responsibility to avoid low bridges and height barriers!), roof lights, windows, windscreens, wing mirrors, tyres, incorrect fuel or fuel contamination, fuel in the fresh water system and running out of fuel, any damage deemed as negligence, and all charges resulting from these points. All drivers must be aware of the (unusual) height of the motorhome and are responsible for all damage if driven under an obstruction that is too low for it to clear – the obvious examples are low bridges and height restrictions into car parks etc. In this event the Insurance will not apply and the hirer will be responsible for the repair of all damages. Overhead damage is deemed as any damage to any part of the vehicle which occurs above 6 feet (1.83 metres) and or any third party property. The hirer will indemnify GCMH against any and all personal or third party losses outside the terms and conditions of the insurance policy. 7. Accidents In the event of an accident the hirer must take down the names and addresses of all other parties involved and of any witnesses. The hirer should not admit fault as this is for the insurers to decide. If there is anyone injured then the police must be called. The hirer must notify GCMH immediately of any accidents (even if the vehicle itself is not damaged), fire, theft or other damage to the vehicle or its contents, and to complete and immediately submit GCMH’s and Insurer’s accident reports. The hirer agrees to indemnify GCMH in respect of all losses, actions, claim costs and demands in respect of any liability arising out of an accident, damage or loss to the vehicle or its contents or to the person or property of any third party where the Terms and Conditions have been breached by the driver. In all cases, the hirer is responsible for all damage and costs arising as a result of negligence. 8. Breakdown In the event of a breakdown, roadside recovery is included in the hire charges. All repairs whatever the nature in excess of £50.00 require the prior approval of GCMH. All repairs must be carried out by a bona fide garage approved by GCMH. All invoices to be made out to GCMH clearly stating the repairs and parts supplied. GCMH may refuse to reimburse the hirer if the hirer fails to comply with these requirements. GCMH’s liability will be limited to the provision of a replacement vehicle, if one is available, or the return of the hire charges for the days lost. GCMH cannot be held further liable for any consequences arising from a breakdown. Breakdown & recovery services are not included in the event of the hirer’s causing the fault. For the avoidance of doubt, the cost of replacement glass, wheels or tyres must be met by the hirer (for example in the event of a puncture or stone chip). 9. Availability GCMH shall attempt to provide a replacement vehicle in the event that the original hire vehicle is not available for any reason. If for any reason beyond GCMH’s control the vehicle or suitable alternative is unavailable, all monies paid by the hirer to GCMH will be refunded. The hirer shall have no further claim against GCMH whatsoever. 10. Title The vehicle and its contents are to remain the property of GCMH at all times. 11. Rental Period The hirer will rent the vehicle for the rental period shown on the Agreement. No changes to the rental period will be allowed unless agreement is given in writing by GCMH. 12. Smoking All vehicles operated by GCMH are strictly no smoking zones. The hirer agrees that under no circumstances will they smoke, or permit others to smoke inside the vehicle at any time. Breach of this condition will incur a £150 penalty charge. 13. Seatbelts and Child Restraints The number of occupants for any hire vehicles will the limited to the number of seatbelts fitted in the vehicle. Safety restraints should be used at all times whilst the vehicle is in motion. It is the responsibility of the hirer to check legislation for use of child car seats and to provide their own child car seats as necessary. 14. Lost property Any items of personal property remaining in the vehicle at the end of the hire period and found by GCMH will be held for 3 months. After this period, any items not claimed will be disposed of in a manner entirely at the discretion of GCMH. It is the hirer’s sole responsibility to collect the lost property from GCMH, and any costs associated with its return will be charged to the hirer. 15. Disclaimer and Indemnity The hirer agrees and acknowledges that GCMH is not responsible for nor liable to compensate any party for any loss or damage where so ever and however occasioned (including consequential loss) whether in respect of death, injury to any person, or in respect of loss or damage to property, goods or possessions of any person arising out of the use of the vehicle or its hire and whether caused to the hirer, any passenger in the vehicle or any third party (also the property of any such persons). GCMH is additionally not responsible for the costs incurred in hiring an alternative vehicle or accommodation in the event of a breakdown or accident. 16. Refusal of Hire GCMH reserves the right to refuse to hire to any person without stating a reason, and to alter its rates and terms and conditions at any time. 17. Use of Address In the absence of the hirer giving any other address, any notice for any purpose shall be deemed to be validly served if sent by first class prepaid post to that address given by the hirer upon booking. 18. Fair Processing Notice – Privacy Policy Your personal data and information that you have provided to Go Cumbria Motorhome Hire will be processed for the following purposes: • To fulfil this contract/ agreement placed with us, including but not limited to motorhome hire and production of the Rental agreement. Your personal data including copies of all identification documents provided and all data entered in the Rental Agreement, will be retained for 7 years for the purpose of, but not limited to, the defence of any legal claim(s) • To fulfil our legal requirements as a vehicle rental company • We will not transfer your personal data to any third party unless: o It is for on road vehicle assistance for example vehicle recovery/breakdown providers and repair workshops o It is to our insurer and insurance broker o It is to the police, local authorities, councils or DVLA if we suspect or are notified that a road traffic offence/ contravention has occurred o It is to local authorities, councils and private parking companies if we suspect or are notified that you breached private parking terms and conditions, contraventions and congestion charges o It is to insurance companies if we suspect or are notified of an incident with a third party o It is to the police, DVLA and Customs and Port authorities if we suspect or are alerted to criminal activity o It is to our bank or merchant provider in line with transactional processing o You are in breach of our agreement in which case we may notify the BVRLA’s RISC database, police, our solicitors, debt collection agencies, credit reference agencies and any other relevant organisations o The third party is our subcontractor who is processing personal data on our behalf securely and in accordance with our instructions o You have submitted a photo or photos to us for our use. By doing so you agree to the photo(s) you submit being posted to our website, Facebook and other social media sites. o It is otherwise authorised under the GDPR legislation • We may use your personal information for marketing purposes and to keep you informed by email about products and services which may be of interest to you. We will only contact you if you have selected Yes to hear about our services at the end of your hire. If at any point you would like to stop receiving information from us, you can click unsubscribe at the base of any emailed newsletter or send an email to [email protected] asking to unsubscribe and we will remove your name from the database. 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. We agree to keep all personal information in a secure environment and will comply with the General Data Protection Regulation and any other applicable data protection legislation currently in force. 19. Breach of Terms If the hirer is in breach of any of the above terms and conditions: I. The hirer shall return the vehicle and its contents immediately, upon demand made by GCMH. II. The hirer will pay to GCMH on demand any loss that GCMH may suffer. III. The Agreement shall thereupon be determined by GCMH’s rights and remedies in damages and any other rights preserved. d) This Agreement is governed by English law. Go Cumbria Motorhome Hire Limited Lime House Burgh by Sands Carlisle CA5 6BT