TERMS AND CONDITIONS OF HIRE
1. Definitions
'I', 'me' and 'my' refers jointly and severally to the person or persons who are the customers.
'This Agreement' means the Motor Rental Agreement and these Terms and Conditions. It includes the details supplied on the Rental Booking Form and any other relevant correspondence. In the event of any discrepancy between these Terms and Conditions and any other Albatross Motorhomes literature, the provisions of these Terms and Conditions apply.
'Albatross Motorhomes' means Albatross Motorhomes Ltd, Rooksmoor Mills, Bath Road, Stroud, GL5 5ND. Albatross Motorhomes is the hiring company & owner of the vehicle.
'Customer' means the person or persons nominated as the hirer under the heading 'Hire Details' on the Insurance Motor Rental Agreement and any person whose credit card is presented in payment of the customer's charges.
'Living Equipment'
Includes but is not limited to any of the following that are provided - DVD player, CD player, crockery, cutlery, cooking utensils, pillows, sheets and towels.
'Rental Period'
Means the hire period referred to under "Confirmation of Cover" in the Motor 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 described under the heading 'Vehicle Details' on the Motor 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 Albatross Motorhomes Ltd.
'Security Deposit'
Means the Vehicle security deposit detailed in your Booking Confirmation and which you provide on collection of your vehicle.
2. Delivery and Return of the Vehicle
(a) I acknowledge having received the Vehicle in a clean condition and in sound working order free from any damage or defect in accordance with the Departure Checklist and with a full fuel tank and two full gas bottles
(b) I will return the vehicle in a clean condition with a full fuel tank, on the return date and time set out under the heading "Hire Period" in the Motor Rental Agreement.
(c) I acknowledge that Albatross Motorhomes Ltd will not refund to me any monies, nor have any obligation to provide a replacement vehicle, if the Vehicle is returned or I cease to have the use of the Vehicle prior to the return date for any reason e.g. Accident, weather or theft.
3. Rental and Other Charges
I will pay Albatross Motorhomes Ltd
(a) All rental charges
(b) The security deposit.
(c) The nominated cleaning fee of £50.00 if the Vehicle is not returned with the interior in a clean condition ;
(d) the nominated additional fee of £50.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle.
(e) the nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the vehicle;
(f) the cost of any damage to the Vehicle or the property of any third party, subject to the insurance cover;
(g) All government fees and duties etc;
(h) All parking fines, other fines or penalties, and/or accidents including third party property damage not reported on return of the Vehicle; and associated administration costs incurred in relation to the Vehicle during the Rental Period;
( i ) Any other fees or charges payable by me pursuant to this Agreement. This includes any costs incurred by Albatross Motorhomes Ltd as a result of any breach by me of the terms of this Agreement
(j) the daily rental rate for the period the Vehicle is off fleet for accident repairs (demurrage);
(k) the cost to recover a Vehicle which has become bogged.
4. Errors in Rental Charges
Total charges as set out therein are not final. I will pay any shortfall in charges to Albatross Motorhomes Ltd and I will receive a refund for any overcharge acknowledged by Albatross Motorhomes Ltd;
5. Payment of Charges Joint and Several Liability
All charges and expenses payable by me under this Agreement are due on demand by Albatross Motorhomes Ltd. If I do not pay all charges when due, I agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by Albatross Motorhomes Ltd, including reasonable legal fees. 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.
6. Credit Card Payment
(a) Albatross Motorhomes Ltd will accept payment by credit cards approved by Albatross Motorhomes Ltd
(b) When payment is paid by credit card, I agree that;
i . Albatross Motorhomes Ltd is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the Vehicle or to property of a third party and all other additional charges as they are incurred (including all parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs);
ii. I will not dispute my liability to Albatross Motorhomes Ltd for any amount due under this agreement and I shall indemnify and keep indemnified Albatross Motorhomes Ltd against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
iii. Albatross Motorhomes Ltd may process the credit card voucher; in the event that Albatross Motorhomes Ltd elects to accept payment of the Security Deposit by holding an open security payment which will be cancelled at the completion of the Rental Period. I agree that Albatross Motorhomes Ltd is entitled to recover payment from my credit card in respect of any amounts due which were not known at the time of cancelling the open security payment.
c) I 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 debited against my credit card and the amount refunded within 7 days after the expiration of the rental period. I release Albatross Motorhomes Ltd from any liability for such variation.
7. My Warranties
I warrant that all information supplied by me to Albatross Motorhomes Ltd in connection with this agreement is true.
8. Vehicle Damage - Insurance Cover
I am aware that ;
(a) The Vehicle is insured for damage to the Vehicle and the property of a third party;
(b) I will have to pay an excess for any damage. The insurance excess is £750.00.
(c) I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement
(d) If I am found to have damaged the vehicle by negligence (i.e. no other person or vehicle is involved), wilful neglect or undue care & attention I will be responsible for full rectification costs which will be charged against the deposit and loss of earnings for the time the vehicle is off the road.
Front and rear bumpers, overcab mouldings, roof lights, windows, wing mirrors and external doors are typical components prone to damage by negligence.
(e) The maximum height of the vehicle is clearly stated in the Manual with the vehicle. Usually it is at least 10'4" (3.05 mtrs ). Any damage caused to the vehicle from low level objects such as bridges or low branches is my responsibility over and above the £750 (or £1000) security deposit .
(f) I will pay the full cost of repairs plus loss of earnings for the time the vehicle is off the road for any damage caused by wilful neglect or undue care plus.
(g) I understand that excluded from insurance cover are:-
· Windscreen and windows.
· Loss/damage/theft to the tv , radio, stereo equipment, and aerials.
· Interior damage including burns to seats, carpets, and other damage.
· Vandalism damage of any kind to the vehicle.
· Personal effects within or from the vehicle.
· All overhead damage resulting from any incident
(h) I also understand that the m otorhome is only insured for the contract period, therefore driving the motorhome outside the contract period may result in a road traffic offence; in this respect I will be entirely responsible for the cost of accidental damage, injury and consequential loss after the expiry of the hire agreement.
9.Security Deposit
(a) On taking delivery of the Vehicle, I agree to pay the Security Deposit
(b) I irrevocably authorise Albatross Motorhomes Ltd to deduct from the Security Deposit any amounts due by me to Albatross Motorhomes Ltd arising out of this Agreement.
(c) The security deposit will be refunded by cheque or credit card transaction ( as appropriate ) within 7 working days of the vehicle being returned to the correct location, undamaged, with a clean interior with a full fuel tank.
Albatross Motorhomes reserve the right to retain a £50.00 soiling fee if the motorhome is not returned with the interior in a clean condition. Also the toilet and waste water tank must be emptied prior to the return of the vehicle or an additional £50.00 soiling fee will be retained.
10. Road Restrictions
(a) All Vehicles may only be driven on sealed / bitumen roads.
(b) I acknowledge that Albatross Motorhomes 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
11. Use of the Vehicle
I agree that during the rental period, I will not and will not allow the Vehicle to be;
(a) driven otherwise than in a cautious, prudent and normal manner;
(b) used in a manner which could cause damage
(c) driven in a prohibited area or in an area other than the areas indicated by me to Albatross Motorhomes;
(d) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(e) Left with the ignition key in the vehicle while it is unoccupied
(f) Left unoccupied without the CD faceplate removed, steering wheel security lock applied and the DVD screen covered.
(g) Driven by person or persons :
i . Under the age of 25 years; or
ii. Who is not authorised by law or by our agreement to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading 'Hire Details' in the Motor Rental Agreement.
(h) Damaged by:
( i ) Submersion in water
(ii)Contact with Salt Water
( i ) Used for any illegal purpose for any race, rally or contest
(j) Used to tow any vehicle or trailer.
(k) Used to carry passengers or property for hire or reward
(l) 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 or allow
the vehicle to exceed the permitted Gross Vehicle Weight.
(m) Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material
(n) Otherwise used in breach of my obligations under this Agreement.
12. Responsibilities of the Hirer
As the hirer I : -
- shall be responsible for all costs and charges incurred because of offences against
the Road Traffic Acts and /or its regulations. This includes all fines (including parking) incurred during the entire period of hire.
- shall ensure that the driver and all passengers required by law to do so shall, when
the vehicle is being driven, wear the seat belts provided.
- will be responsible for Albatross Motorhomes' uninsured losses regarding an insurance claim.
- shall be responsible for the security and condition of the Motorhome throughout the hire period· and I undertake to keep the vehicle securely locked at all times when unattended, to park it in a safe, well lit location and to refrain from any action or omission which may prejudice Albatross Motorhomes' rights to the vehicle.
· shall not lend or hire the vehicle to a third party
· shall not create a lien on the vehicle for repairs or any other reason.
· shall not move the vehicle without our written consent out of the UK mainland.
· shall not use the vehicle for or in conjunction with any race, competition, trial or for
hire or reward or on non-metalled roads.
· shall not permit smoking in the Motorhome.
- must drive in a cautious, prudent manner
- must not use the vehicle in a manner which is likely to cause damage
Although there is a roof rack and ladder on some vehicles we strongly recommend for your safety that you do not use these or go on the roof as there are many trip hazards
13. Alterations to the Vehicle
I shall not make any alterations or additions to the Vehicle without the prior written consent of Albatross Motorhomes Ltd
14. Pets
I will not allow any animals to be carried in the Vehicle, unless otherwised agreed with Albatross Motorhomes and an additional security deposit paid.
15. Passengers
Albatross Motorhomes authorises the use of these vehicles up to the stated number of passengers. Each person must use the safety restraints provided at all times whilst the vehicle is in motion.
16. Maintenance
(a) I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries.
(b) I acknowledge that Albatross Motorhomes Ltd will reimburse me for expenditure up to £ 50.00 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:
i . I produce relevant receipts:; and
ii. I have received the prior consent of Albatross Motorhomes Ltd ;
iii. The damage is not due to my fault or my breach of this Agreement.
c) ) I acknowledge that Albatross Motorhomes Ltd will reimburse me for the cost of repairing or replacing tyres damaged during the Rental Period PROVIDED THAT;
i . I produce relevant receipts ;
ii. The tyre is defective and is returned by me to Albatross Motorhomes Ltd for inspection; and
iii. The manufacturer accepts liability under his warrantyand that the replacement is not required because of negligence or carelessness on my part ,
(d) I will be liable for any costs associated with the incorrect use of fuel. All Albatross Motorhomes run on DIESEL.
17. Responsibility when accident occurs
(a) In the event of any accident, loss or damage arising out of the use of the vehicle, I will
i . Notify Albatross Motorhomes within 24hrs of an accident occurring
ii. Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
iii. Complete a European accident report form as supplied;
iv . Not make any admission of liability to other parties, settlement offer or other like offer;
v. Assist Albatross Motorhomes Ltd in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
(b) I acknowledge that the excess or other amount due by me 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.
(c) I 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.
18. Terminating the Agreement
I acknowledge that Albatross Motorhomes Ltd may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the Vehicle, including towing charges if;
(a) I am in breach of any term of this Agreement;
(b) I have obtained the Vehicle through fraud or misrepresentation;
(c) The Vehicle appears to be abandoned
(d) The Vehicle is not returned on the agreed return date or Albatross Motorhomes Ltd reasonably believes that the Vehicle will not be returned on the agreed return date;
(e) Albatross Motorhomes Ltd considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered.
I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges or the Security Deposit
19. Change of Vehicle
Albatross Motorhomes Ltd reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle. In that event, I shall not be liable for any increased rental or other charges save for any additional running costs of the substitute vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.
20. Release and Indemnity of Albatross Motorhomes Ltd
(a) Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release Albatross Motorhomes Ltd, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:
i . Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
ii. Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Albatross Motorhomes Ltd premises or recovered or handled by Albatross Motorhomes Ltd.
(b) Subject to any insurance arrangements agreed with Albatross Motorhomes Ltd, I hereby indemnify and shall keep indemnified Albatross Motorhomes Ltd, 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
21. Title to Vehicle
I acknowledge that Albatross Motorhomes Ltd retains title to the Vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge Albatross Motorhomes Ltd's credit in connection with the Vehicle and agree not to do so. I 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. Changes
Any changes to this agreement must be in writing and must be signed on behalf of Albatross Motorhomes Ltd and by me.
23. Proper Law
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
24. 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. Albatross Motorhomes Ltd reserves the right to add or amend any rental charges without prior notice.
Signature
Name
Date