Terms & Conditions
TERMS AND CONDITIONS
Governing hire contracts entered into by Highland Classic Campers Limited, a company registered in Scotland (registered No SC332337) whose registered office is at Assynt Mill, Glenglass, Evanton, Dingwall, Ross-shire, IV16 9XW (the “Owner”)
1. Hire
1.1 These terms and conditions shall form the basis of, and be incorporated into, the contract between the Owner and the Hirer (as defined in the Booking Form) which shall be formed when the Owner and the Hirer both sign a completed booking form, a template of which is attached hereto (“the Booking Form”).
1.2 The Owner shall hire to the Hirer the Vehicle for the Hire Period, at the Rental and as from the Commencement of Hire, in each case as stated in the Booking Form, upon the terms and subject to the conditions hereinafter appearing.
2. Commencement of Hire
2.1 The Commencement of Hire (date and time) shall be as stated in the Booking Form.
2.2 The Owner will prepare a Vehicle Delivery and Acceptance Form for the Vehicle, which will specify the precise details of the Vehicle, including its condition. At the time of collection of the Vehicle, this form will be signed by the Hirer, which signature shall constitute the Hirer's acceptance of the Vehicle.
2.3 The Owner will use all reasonable endeavours to have the Vehicle available for collection on the date and at the time specified in the Booking Form but the Owner shall not incur any liability whatsoever in the event of any delay.
2.4 The Vehicle will be collected by the Hirer from the Owner’s premises at the Owner’s address shown above or from such other address as the Owner and the Hirer agree in writing.
3. Rental
3.1 The Hirer will pay to the Owner in advance
3.1.1 a non-refundable Booking Deposit of £100 at the time the Hirer signs the Booking Form;
3.1.2 the balance of the Rental stated in the Booking Form at least six weeks prior to the date of Commencement of Hire or in the event that the Hirer signs the Booking Form less than six weeks prior to the date of Commencement of Hire, at the time the Hirer signs the Booking Form; and .
3.1.3 a Security Deposit of £750 prior to taking possession of the Vehicle
3.2 Time shall be of the essence in respect of the payment of all sums due hereunder and the Hirer shall be deemed to have repudiated this Hire Agreement if any Rental or other payment shall remain unpaid for more than 14 days after becoming due.
3.3 All payments due hereunder may, at the Owner’s discretion, be made by paypal, cheque, or credit or debit card and shall (if not made by paypal) be made to the Owner at its address stated above or at such other address as the Owner may from time to time communicate to the Hirer. Any payments sent by post shall be so sent at the risk of the Hirer. All payments due hereunder are considered to be made when the Owner receives cleared funds in respect of that payment.
3.4 The Hirer will pay to the Owner interest at the rate of 3 per cent per annum above the mean Base Rate for the time being of Alliance & Leicester plc on all sums which from time to time may be due from the Hirer to the Owner hereunder and remain for the time being unpaid, such interest being calculated from the due date until actual payment compounded quarterly and to be payable as well after as before any judgement obtained in respect thereof;
3.5 In the event that the Hirer intimates to the Owner in writing that he wishes to cancel the Contract after he has signed the Booking Form but before the date of Commencement of Hire, the Owner shall refund the following amounts to the Hirer, within 7 days, using the same payment method as the Hirer used to pay sums to the Owner,If the Owner shall pay any refund by cheque and if the Hirer and the expenses and costs to the Owner associated with making any refund shall be borne by the Hirer and deducted from the sum to be paid from the Owner to the Hirer:-
3.5.1 if the Hirer intimates his wish to cancel the Contract to the Owner more than 6 weeks before the Commencement of Hire, the Owner shall refund to the Hirer the full amount of any Rental paid by the Hirer, with the exception of the Booking Deposit which is non-refundable;
3.5.2 if the Hirer intimates his wish to cancel the Contract to the Owner between 6 and 2 weeks before the Commencement of Hire, the Owner shall refund to the Hirer 50% of the Rental paid by the Hirer, with the exception of the Booking Deposit which is non-refundable; and
3.5.3 if the Hirer intimates his wish to cancel the Contract to the Owner within the 2 weeks before the Commencement of Hire, neither the non-refundable Booking Deposit nor the balance of the Rental paid by the Hirer to the Owner shall be refunded to the Hirer.
4. Security Deposit
4.1 An amount equal to the amount of the Security Deposit will be returned by the Owner to the Hirer provided that
4.1.1 there is no damage to the Vehicle, its furnishings or equipment;
4.1.2 no cleaning costs (other than its normal cleaning costs) are incurred or will require to be incurred by the Owner;
4.1.3 the Vehicle is returned to the Owner with a full tank of fuel;
4.1.4 the Vehicle is returned to the Owner on or before the end of the agreed Hire Period; and
4.1.5 the Hirer has otherwise complied with these terms and conditions.
4.2 In the event that the conditions set out in condition 4.1 are not met, the Owner will deduct from the Security Deposit an amount equal to the actual or estimated cost to the Owner of returning the Owner to the position it would have been in if the Hirer had complied with the conditions set out in condition 4.1 and shall return an amount equal to the balance of the Security Deposit to the Hirer.
4.3 The return of the Security Deposit to the Hirer (subject to any deduction as provided for in condition 4.2) will be made within 14 days of return of the Vehicle to the Owner or the end of the Hire Period, whichever is the earlier, using the same payment method as the Hirer used to pay the Security Deposit to the Owner with the expenses and costs to the Owner associated with the return of the Security Deposit being borne by the Hirer and deducted from the sum paid by the Owner to the Hirer.
4.4 As an alternative to payment of the Security Deposit, at the Owner’s sole discretion and subject to the consent of the Hirer, the Owner may agree to take a carbon swipe of the Hirer’s credit card in respect of a payment of £750, which it will hold until return of the Vehicle to the Owner or the end of the Hire Period, whichever is the earlier. If no deductions are required to the Security Deposit in accordance with condition 4.2, the Owner will then destroy the carbon swipe. If deductions are required to the Security Deposit in accordance with condition 4.2, the Hirer may pay this amount and once the Owner receives cleared funds in respect of that amount, the Owner will destroy the carbon swipe. If the Hirer refuses to make payment in respect of the reductions required to the Security Deposit, the Owner will process the payment of the carbon swipe and then return to the Hirer an amount equivalent to the Security Deposit less the required reduction, with all expenses and costs to the Owner associated with the return of that amount being borne by the Hirer and deducted from the sum to be paid by the Owner to the Hirer.
5. Use of Vehicle
5.1 The Hirer may use the Vehicle for the purposes only of normal personal use and may not use the vehicle for any commercial or business purposes, including (for the avoidance of doubt) for the carrying of passengers and/or goods for hire or reward. The Vehicle is not to be used, and the Hirer will not permit it to be used, for any purposes for which it is not expressly designed. Further the Hirer will not use or permit the Vehicle to be used for hire, driving tuition, towing, racing, or pace making, or for competing in any rally or any other form of motor sport, or for any illegal purpose whatsoever.
5.2 The Hirer agrees that he will not and will not permit others to:
5.2.1 without the prior consent of the Owner effect any mechanical or other modification to the Vehicle, make any alterations or additions, fit any towing equipment or other accessories or non-standard tyres, and any such additions alterations or modified parts which may be made (whether with or without consent) shall become part of the Vehicle and shall belong to the Owner;
5.2.2 remove or interfere with any identification marks or plates affixed to the Vehicle nor attempt or purport to do so nor permit the same;
5.2.3 deface the paintwork or bodywork of the Vehicles nor add or erect any painting, sign-writing, lettering, or advertising to or on the Vehicle.
6. Duties of the Owner
6.1 The Owner will provide, at no cost to the Hirer, GB standard vehicle insurance for either the Hirer or an Additional Driver, subject to
6.1.1 such checks as the Owner may determine being carried out and revealing no adverse results;
6.1.2 an excess of £750, for which the Hirer shall be liable unless the Hirer exercises the collision damage waiver option offered by the Owner (the exercise of which will be indicated on the Booking Form);
6.1.3 the Hirer being liable for all damage to the tyres or windscreen of the Vehicle; and
6.1.4 the individual being insured being between 25 and 70 years of age.
6.2 The Owner will provide, at no cost to the Hirer, GB standard breakdown cover, details of which will be provided to the Hirer.
6.3 The Owner will reimburse the Hirer for minor repairs, up to a total of £50,which are required to the Vehicle during the Hire Period, subject to the production by the Hirer of valid receipts for such minor repairs.
7. Duties of the Hirer
The Hirer shall:
7.1 exhibit to the Owner principal valid driving licences (and in respect of individuals resident in a country other than the UK, an international driving licence as well) in respect of the Hirer and each Additional Driver and a further piece of identification acceptable to the Owner at its sole discretion containing a photo of the individual concerned in respect of the Hirer and each Additional Driver;
7.2 ensure that only the Hirer and the Additional Drivers listed in the Booking Form drive the Vehicle and that the Hirer and these Additional Drivers operate the Vehicle properly and safely;
7.3 comply and ensure the Additional Drivers comply with the provisions of the Owner’s insurance policy in respect of the hire of the Vehicle, a copy of which is available on request;
7.4 pay for all fuel and lubricants for the proper running of the Vehicle and ensure that sufficient fuel, oil and screenwash of the recommended types are at all relevant times maintained in the Vehicle.;
7.5 indemnify the Owner against all fines, penalties and liabilities imposed on the Owner or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulation, together with any cost or expense relating thereto incurred by the Owner;
7.6 not take or allow the Vehicle to be taken out of Great Britain without receiving the prior written authority of the Owner and, in the event of that authority being given, only on such terms as the Owner deems fit;
7.7 bear the cost of the repair or rectification of any damage to the Vehicle resulting from negligence or improper use of the Vehicle by the Hirer or any person permitted by the Hirer to use the Vehicle;
7.8 not sell, assign, mortgage, let on hire or otherwise dispose of or part with possession of the Vehicle or part thereof or charge the benefit of the Contract nor attempt or purport to do so;
7.9 use only the fuel type indicated by the Owner when refuelling the Vehicle;
7.10 not overload or permit the overloading of the Vehicle or leave the Vehicle unlocked at any time;
7.11 not drive the Vehicle other than on a public road;
7.12 not permit any animals or birds in the Vehicle;
7.13 not smoke or permit any other person to smoke in the Vehicle;
7.14 not permit more than the maximum number of people stipulated in the Booking Form to be in the Vehicle at any time;
7.15 not drive or permit the Vehicle to be driven above 65mph in any circumstances, this being without prejudice to the Hirer’s obligation to observe all legal requirements such as speed limits;
7.16 not use or permit the Vehicle to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law, having regard in particular (but without prejudice to the generality of the foregoing) to the regulations affecting maintenance and usage of tyres;
7.17 at the end of the Hire Period, return the Vehicle to the Owner’s premises at the Owner’s address shown above or to such other premises as the Owner and the Hirer agree in writing;
7.18 have effected and pay for minor repairs, subject to reimbursement by the Owner in accordance with condition 6.3;
7.19 immediately notify the Owner of the occurrence of any event or accident which is a risk covered by the Owner’s insurance and shall follow the Owner’s instructions in relation thereto;
7.20 shall consent, and shall procure that all those individuals who apply to be Additional Drivers consent, to the Owner obtaining, processing and holding personal information about him/ them; and
7.21 immediately notify the Owner on 01349 831005 and the breakdown service on the number provided by the Owner and quoting the reference given by the Owner in the event of breakdown
8. General liability
8.1 The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Owner as a result of any accident involving the Vehicle (other than death or personal injury resulting from the negligence of the Owner, its employees or agents).
8.2 The Owner does not hire the Vehicle subject to any condition or warranty express, implied or statutory in connection with the fitness for any purpose or age of the Vehicle and any conditions and warranties are hereby expressly excluded insofar as permitted by statute and (save for the Owner's liability for death or personal injury caused by the negligence of the Owner, its employees or agents) the Owner will not be responsible for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Vehicle or its use.
8.3 The Hirer will be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by the Owner as a result of any breach or default on the part of the Hirer in the discharge of its obligations under this Hire Agreement.
9. Ownership
The Vehicle shall at all times remain the property of the Owner and the Hirer shall have no rights to the Vehicle other than as hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Vehicle are or may be prejudicially affected.
10. Termination
10.1 If the Hirer shall fail to pay any Rental or other sum payable under the Contract (or under any other agreement between the Owner and the Hirer) within 14 days of its becoming due (whether demanded or not) or shall commit a breach of the other terms and conditions whether express or implied of the Contract (or of the terms and conditions of any such agreement as aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner's rights in the Vehicle or any part thereof, then in each and every such case the Owner may thereupon [by notice in writing to the Hirer] for all purposes forthwith terminate the Contract.
10.2 If any of the following events shall occur, namely:
10.2.1 if the Hirer, being an individual, shall die, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or
10.2.2 if the Hirer, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986, or shall be deemed by virtue of s 123 of the Insolvency Act 1986 to be unable to pay its debts, then in each and every such case the hire constituted by the contract of which these conditions form part shall ipso facto and without notice terminate.
10.3 The Hirer shall upon any termination under conditions 10.1 and 10.2 above pay to the Owner:
10.3.1 all arrears of Rental then due and all other sums accrued due and unpaid at the date of termination, together with interest thereon payable under condition 3.4;
10.3.2 the cost of all repairs required as at the date of termination (other than those for which the Owner has assumed responsibility under condition 6.3 above);
10.3.3 compensation for the loss suffered by the Owner as a result of such termination, such loss being determined by the Owner having regard to all relevant circumstances; and
10.3.4 any other sums which are or become due to the Owner or to which the Owner is entitled by way of damages.
The termination of the hire constituted by the contract of which these conditions form part shall not affect any rights of the Owner or liabilities of the Hirer subsisting at the date of termination.
10.4 On termination of the hire howsoever or whenever occasioned or on expiry of the Hire Period, the Hirer shall no longer be in possession of the Vehicle with the Owner's consent and shall (unless otherwise agreed with the Owner) forthwith return the Vehicle to the Owner at such address as the Owner may direct in good order and in good working condition and at the Hirer's expense and risk. Without prejudice to the foregoing or to the Owner's claim for any arrears of Rental or damages for any breach by the Hirer of contract of which these conditions form part or any other rights hereunder, the Owner or its authorised representatives may at any time after such termination or expiry of the Hire Period without notice retake possession of the Vehicles and for such purpose enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Vehicles as aforesaid.
11 Force majeure
Although the Owner will use all reasonable endeavours to discharge its obligations under the Contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
12 Forbearance
No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of the provisions of the Contract shall in any way affect diminish restrict or prejudice the rights or powers of the Owner under the Contract or operate as or be deemed to be a waiver or any breach by the Hirer of the terms and conditions of the Contract.
13 Concurrent remedies
No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy herein or by law or equity provided or permitted but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing and may be enforced concurrently therewith or from time to time.
14 Notices Any notice hereunder shall be in writing and may be served by sending it by pre-paid first class letter post or delivery to the address of the Owner or Hirer, as the case may be, set out in the Booking Form or as intimated by the Owner or Hirer, as the case may be, to the other party from time to time. In proving service of any notice it shall be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effective at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.
15 Waiver of set off The Hirer hereby waives all and any future claims and rights of set off against any instalment of Rental or any payment due hereunder and agrees to pay the Rental and other amounts hereunder regardless of any equity, set off or cross-claim on the part of the Hirer against the Owner.
16 Construction In these Terms and Conditions, where the context so admits or requires, the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
17 Governing law These Terms and Conditions and the contract of which they form part shall be governed by and construed in accordance with the Laws of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish Courts.
BOOKING FORM The terms and conditions annexed hereto form part of, and are incorporated into, the contract between the Owner (as hereinafter defined) and the Hirer (as hereinafter defined) which shall be concluded when the Owner and the Hirer have both signed this Booking Form (“the Contract”). (
A) The Owner Highland Classic Campers Limited, a company registered in Scotland (registered No SC332337) whose registered office is at Assynt Mill, Glenglass, Evanton, Dingwall, Ross-shire, IV16 9XW
(B) The Hirer
(C) The Vehicle (includes tyres, tools, accessories and all other equipment or documents or additional hire items related to the Vehicle and to any replacements or substitute Vehicle which may be provided by the Owner)
1 Make/Model:
2 Colour/Trim:
3 Registration Number:
4 Maximum Number of Permitted Occupants: (D)
The Hire
1. Commencement of Hire: a.m./p.m. on
2. Hire Period:
3. Time and Date for return of Vehicle:
(E) Principal Driver
1. Name:
2. Address:
3. Licence No:
4. Endorsements etc:
(F) Additional Driver 1
1. Name:
2. Address:
3. Licence No:
4. Endorsements etc: (
G) Additional Driver 2
1. Name:
2. Address:
3. Licence No:
4. Endorsements etc:
(H) Rental
Basic Rental:
Additional Drivers:
Extras:
Collision Damage Waiver:
Total, excluding VAT:
VAT:
Total Payable:
Signed by and on behalf of the said HIGHLAND CLASSIC CAMPERS LIMITEDat ………………………………………..on t
The ……….. day of …………………..by ………………………………………..
………………………………………..Director/Authorised Signatory Signed by the said
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