Southwest Motor homes Hire TERMS & CONDITIONS
This agreement is between SWMH and the hirer The following definitions apply throughout this agreement.
Booking Confirmation
The confirmation and acceptance of your booking, issued by us and setting out the details of your Hire of the Motorhome for the Hire Period
Hire
The hire of the Motorhome by you as set out in the Booking Confirmation under the terms of this agreement
Hire Charges
The total amount payable by you for the Hire of the Motorhome for the duration of the Hire Period as set out at the time of booking and confirmed in the Booking Confirmation
Hire Insurance Policy
The insurance cover we put in place in relation to the Motorhome for the duration of the Hire Period, the cost of which is included in the Hire Charges
Hire Period
The period for which you have agreed to Hire the Motorhome under the terms of this agreement, as specified at the time of booking and confirmed in the Booking Confirmation.
Motorhome
The vehicle that you agree to hire from us at the time of booking, as confirmed in the Booking Confirmation
1. YOUR CONTRACT WITH SWMH
1.1. This is our standard agreement upon which we intend to rely. We will also rely on the terms of the Hire Insurance Policy. For your own benefit and protection, please read this agreement and the terms of the Hire Insurance Policy carefully before booking. If there is anything you do not understand or do not agree with, please ask SWMH.
1.2. Subject to clause 1.3, this agreement constitutes the entire agreement and understanding between you and SWMH in relation to the Hire of the Motorhome and supersedes all previous communications and representations between you and SWMH in relation to the Hire of the Motorhome.
1.3. The description and specification of the Motorhome and the details of the Hire provided to you by SWMH in the Booking Confirmation forms part of this agreement.
2. BOOKING CONFIRMATION AND PAYMENT
2.1. When you book the Hire of the Motorhome an initial payment of £250 is required from you to confirm the booking. This is non-refundable if you subsequently cancel your booking. A binding contract for the Hire will come into existence when SWMH issues your Booking Confirmation.
2.2. The balance of the Hire Charges less the initial payment is payable not less than six weeks prior to the start date of the Hire Period, or at the time of your booking if you book less than six weeks from the start date of the Hire Period.
2.3. Where you choose to pay by credit card we will make an additional charge of 2.5% in respect of each payment made by credit card. There is no charge for debit cards.
3. CANCELLATIONS
3.1. If you wish to cancel your Hire of the Motorhome prior to the Hire Period beginning you must:
call SWMH immediately to inform us as this will improve the chances of rehiring the Motorhome during the Hire Period; and
confirm your cancellation in writing within two working days.
3.2. If notification of your cancellation is received more than six weeks before the start date of the Hire Period you will be refunded in full.
3.3. If notification of your cancellation is received less than six weeks before the start date of the Hire Period you will be liable to pay the Hire Charges in full. However, should SWMH rehire the Motorhome for all or part of the Hire Period, you may be refunded up to a maximum of your total Hire Charges less your initial payment, subject to the amount and period SWMH is able to rehire the Motorhome for.
4. COLLECTION AND DELIVERY TIMES
4.1. Unless otherwise agreed with SWMH, the Motorhome will be available on the first day of the Hire Period at our premises (or any alternative location agreed in writing between you and us) from 3.00pm and must be delivered back to our premises (or any alternative location agreed in writing between you and us) by 10.00 am on the last day of Hire Period.
4.2. Late returns can have a significant impact on the next hire of the Motorhome. If you fail to return the Motorhome on time you will be liable to pay extra charges as set out at clause 10.
4.3. There are no refunds for a Motorhome returned early.
5. AVAILABILITY
5.1. Occasionally Motorhome are not available as agreed at the time of Booking, due to events beyond SWMH’s control (see below). If your booking has to be cancelled in such circumstances (which SWMH has the right to do) SWMH will offer you the choice of an alternative Motorhome or, if no suitable replacement is available, provide a full refund of all monies you have paid for your booking.
6. EVENTS BEYOND SWMH’S CONTROL
6.1. Unfortunately, events beyond our control occasionally affect bookings. When reference is made to such events in this agreement, this means any event(s) or circumstance(s) which we could not, even with all due care, foresee or avoid. Other than as stated at clause 5.1 above SWMH does not accept responsibility for and will not pay any compensation, costs or expenses where the performance of this agreement with us 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 of the Motorhome to which you may be subject.
7. SUITABLE PERSONS
7.1. SWMH reserve the right to refuse to hand over the Motorhome to any person who, in our reasonable opinion, is not suitable to take charge of the Motorhome. In such cases, all Hire Charges paid (including the Initial Payment) will be refunded in full but SWMH will have no further liability to you.
8. PETS
8.1. Pets are accepted in the Motorhome please ensure they are not allowed on the upholstery or left alone in the vehicle.
9. SMOKING
9.1. There is no smoking allowed in the Motorhome at any time. In instances where smoking in the Motorhome is evident a full upholstery cleaning charge will be levied against you. You will also be responsible for any other losses incurred by SWMH as a result of your breach of the prohibition on smoking in the Motorhome (for example due to a subsequent booking of the Motorhome being delayed or cancelled due to the upholstery cleaning taking place).
10. RENTAL PERIOD
10.1. You will have the Motorhome for the Hire Period shown in the Booking Confirmation. If you do not bring the Motorhome back on time in accordance with clause 4 you are breaking the conditions of this agreement.
10.2. You will be charged for every day or part day you have the Motorhome after the end of the Hire Period at the daily rate for the hire of the Motorhome as published on our website from time to time plus 50%.
10.3. In addition to the charges set out at clause 10.2 above, on late return of the Motorhome after the end of the Hire Period you may also be liable to for any other costs, losses or expenses incurred by SWMH that are not covered by these charges, for example relating to any further costs incurred by SWMH in relation to cancelled or amended subsequent hires of the Motorhome caused by your late return of the Motorhome.
11. YOUR RESPONSIBILITIES
11.1. You must look after the Motorhome and the keys to the Motorhome. You must always lock the Motorhome when you are not using it, and use any security device fitted to or supplied with the Motorhome. You must always protect the Motorhome 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 Motorhome caused by hitting low level objects, such as bridges or low branches.
11.2. You must not modify, sell, rent or dispose of the Motorhome or any of its parts. You must not give anyone any legal rights over the Motorhome.
11.3. You must not let anyone work on the Motorhome without the prior permission from SWMH. If SWMH does give you permission, you will only receive a refund if you have a receipt for the work carried out.
11.4. You must let SWMH know as soon as you become aware of a fault with the Motorhome.
11.5. You must bring the Motorhome back to the place agreed, at the time agreed and you remain responsible for the Motorhome until this time or such later time as you actually return the Horsebox. SWMH must see the Motorhome upon its return to check that it is in good condition and that you have complied with the terms of this agreement.
11.6. You will have to pay for any repairs or additional cleaning required to the Motorhome during or after the end of the Hire Period if:
• the Horsebox needs more than our standard valeting (cleaning) at the end of the Hire Period; and/or;
• the Motorhome is damaged, inside or out, due to a breach of this agreement or otherwise.
11.7. Before you bring back the Motorhome you must check that you have not left any personal belongings in the Motorhome. SWMH will not be responsible for any of your personal belongings left in the Motorhome at the end of the Hire Period.
12. CONDITIONS FOR USING THE VEHICLE
12.1. The Motorhome must only be driven by you and any other driver disclosed to us at the time of booking and named on the Booking Confirmation and the Hire Insurance Policy, or by anyone else we authorise in writing. Any person driving the Motorhome under this agreement must have a full valid driving licence.
12.2. You or any other authorised driver (see above) must not:
• use the Motorhome for hire or reward;
• use the Motorhome for any illegal purpose;
• use the Motorhome for racing, pacemaking, testing the Motorhome’s reliability and speed or teaching someone to drive;
• use the Motorhome while under the influence of alcohol or drugs;
• drive the Motorhome outside England, Scotland and Wales, unless we have given you written permission;
• overload the Motorhome.
13. CHARGES
13.1. Under this agreement you will incur the charges listed at the remainder of this clause 13 or referred to elsewhere in this agreement.
13.2. The Hire Charges as stated at the time of booking and confirmed in the Booking Confirmation;
13.3. A charge for any loss or damage to the Motorhome that occurs during the Hire Period (even if it is accidental or not your fault) subject to the cover provided by the Hire Insurance Policy;
13.4. Any charge for loss or damage incurred by swmh resulting from you not keeping to clause 12;
13.5. You must return the Motorhome at the end of the Hire Period with an empty toilet cassette. There is a £50 charge for un-emptied cassettes;
13.6. A refuelling service charge if you have used, and not replaced, more fuel than was supplied originally with the Motorhome at the start of the Hire Period. This charge is based on the cost of the fuel plus £20;
13.7. Gas is included within the Hire Charges, but should you need to replace an empty gas bottle during the course of the Hire Period, this is your responsibility and you must bear the cost;
13.8. All fines and costs (including court costs) for parking, traffic or other offences, congestion charges, (including any costs which arise if the Motorhome 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 SWMH deal with these matters.
13.9. Any charges arising from Customs and Excise or Immigration Authorities seizing the Motorhome, together with a loss-of-income charge whilst we cannot rent out the Horsebox, if and when swmh demand this payment.
13.10. Any published or agreed rates for delivering and collecting the Motorhome other than to or from our premises.
13.11. You will be given a maximum of one week to pay any of the charges outlined at clauses 13.3 to 13.10 above, once we have notified you of the charge incurred. Interest will be added every day to any amount you do not pay on time in accordance with this agreement, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time.
13.12. You will be liable to pay value added tax and all other taxes on any of the charges incurred by you under this agreement, as appropriate at the prevailing rate when the charges are incurred.
13.13. You are responsible for payment of all charges, even it you have asked someone else to be responsible for them.
13.14. A deposit of £1300 is payable by you against any loss, damage to the Motorhome (externally or internally) costs or insurance claims as described in this agreement. You agree that the deposit is payable in full as a condition of the Hire but you will not have to actually lodge payment with SWMH prior to commencement of the Hire Period. The deposit will only be taken by SWMH on return of the Motorhome in the event of any loss or damage to the Motorhome (externally or internally) and/or costs or insurance claims being incurred by you as described in this agreement. In such an event, the deposit is payable to SWMH who will place the deposit in its account until the claim or dispute is settled. The agreed amount for the settlement will be paid to SWMH. The balance of the deposit (if any) will be refunded to you. For the avoidance of doubt your liability under this agreement is not limited to £750 and you could be liable for more than that amount should any additional charges incurred by you under this agreement exceed that amount and/or any losses suffered by SWMH are not covered by the Hire Insurance Policy.
13.15. You accept that SWMH is entitled to charge any credit, charge or debit card used by you to pay any of the Hire Charges for payment of the deposit referred to in clause 13.14 or any other charges incurred by you under this agreement. We will notify you, in advance where possible, where we intend to use your card to recover such charges.
14. THE HIRE INSURANCE POLICY
14.1. The Motorhome is insured for the Hire Period under the Hire Insurance Policy, which is available by clicking here (if you are booking on-line) or a copy of which will be provided to you prior to booking if you are not booking on-line. A copy of the Hire Insurance Policy is also available from SWMH on request at any time. By signing the attached form you are accepting the conditions of the Hire Insurance Policy. As you will be bound by the terms of the Hire Insurance Policy during the Period of Hire, for your own benefit and protection we recommend that you consider the terms of the Hire Insurance Policy carefully before making your booking. Should you have any queries on the terms of the Hire Insurance Policy, please do not hesitate to contact us.
15. WHAT TO DO IF YOU BREAK DOWN</3h>
15.1. If you do breakdown you should:
• contact the breakdown service that covers the Horsebox;
• inform SWMH immediately
15.2. No responsibility can be accepted by SWMH for any loss or damage or expense which occurs as a result of any defect or breakdown unless it is due to our failure to adequately maintain the Motorhome in a fit state and condition.
15.3. Should the breakdown service that covers the Motorhome be unable to repair the Motorhome you should contact SWMH immediately before taking any further action.
16. WHAT TO DO IF YOU HAVE AN ACCIDENT
16.1. 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:
• make the Motorhome secure;
• tell the police straight away if anyone is injured or there is a disagreement over who is responsible;
• contact SWMH immediately.
16.2. You must produce an accident report as soon as practicable following the accident and send one copy to SWMH.
16.3. No responsibility can be accepted by SWMH for any loss or damage or expense which occurs as a result of any accident.
16.4. You will be responsible for the excess on the Hire Insurance Policy in the event of an accident. In the event that any damage sustained by you, SWMH, the Motorhome or any other third party or vehicle is not covered by the Hire Insurance Policy as a result of you breaking this agreement or breaking any term of the Hire Insurance Policy you will be responsible for the full cost of all such damage.
17. WINDSCREEN AND TYRES
17.1. You are responsible for any damage to windscreens and windows, punctures or other damage to tyres during the Hire Period. Such damage is not covered by the Hire Insurance Policy unless otherwise agreed in writing between us and you.
17.2. Where possible any such damage should be repaired or replaced as appropriate with items of equivalent quality to the originals, where appropriate, and paid for by you at the time.
17.3. You should contacts swmh to seek instructions before carrying out the repair. Failing this, an amount will be deducted from your deposit for the cost of the necessary repairs and where the cost of the repairs exceeds your deposit you will be liable to pay the excess.
18. INFORMATION & DATA PROTECTION
18.1. If you break any term of this agreement or the Hire Insurance Policy we can give the information you have provided to us under this agreement, and the details of any breach 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 may pass it on to any of its members. Any information that we pass to credit reference agencies may be viewed by other persons searching your details with those credit reference agencies.
18.2 We will also use your personal information to contact you for marketing purposes, by post or by email, from time to time. We will not pass your personal details to any other person for marketing purposes. If at any time you want us to stop contacting you for marketing purposes, please contact us using the details given at Clause 23.1.
19. ENDING THE AGREEMENT
19.1. If you are an individual we will end this agreement straight away and prior to the Hire Period starting if we find out that your belongings have been taken away from you to pay off your debts, a receiving order has been made against you, you are the subject of a bankruptcy petition or we otherwise reasonably believe that you may not be able to pay the remainder of the Hire Charges or any other charges you may incur under this agreement. If we terminate this agreement under this clause 19.1 you will not have to pay the remainder of the Hire charges but we will retain the Initial Payment.
19.2. If you are a company, we will end this agreement straight away and prior to the Hire Period starting 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 cease or threaten to cease to carry on all or any substantial part of your business;
• you are subject to any other circumstances which lead us to reasonably believe that you may not be able to pay the remainder of the Hire Charges or any other charges you may incur under this agreement.
If we terminate this agreement under this clause 19.2 you will not have to pay the remainder of the Hire charges but we will retain the Initial Payment.
19.3 We may also terminate this agreement on immediate notice (including where appropriate, prior to the start of the Hire Period) where you:
• fail to pay any amount due under this agreement on the due date for payment and remain in default not less than seven days after we notify you that such payment is overdue; or
• commit a material breach of any term of this agreement (other than failure to pay any amounts due under this agreement) and (where such breach is capable of remedy) you fail to remedy that breach within a period of 14 days after being notified by us to do so; or
• repeatedly breach any of the terms of this agreement in such a manner as to reasonably justify our opinion that your conduct is inconsistent with this agreement and that you may not have the intention or ability to keep to the terms of this agreement.
If we end this agreement under this Clause 19.3 we will be entitled to receive any money we are owed by you under the terms of this agreement, including but not limited to the balance of the Hire Charges. We can also claim from you any extra costs we have incurred as a result of your failing to meet any of the terms of this agreement including but not limited to repossessing the Motorhome where appropriate and requiring you to meet the cost of any subsequent hires of the Motorhome which have been affected by your breach of this agreement.
20. GOVERNING LAW
20.1. This agreement is governed by the laws of England and you and we submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute arising out of this agreement.
21. VARIATION OF THIS AGREEMENT
21.1. We have the right to vary this agreement at any time prior to the commencement of the Hire Period in the following circumstances:
• to reflect changes in payment methods; or
• to reflect any changes in relevant laws or applicable regulatory requirements; and/or
• to reflect changes in our system’s capability.
21.2. Any change made under clause 21.1 will be binding on you only if it is required by law or government or regulatory authority.
21.3. You will be notified in advance of any variation made to this agreement and unless that variation is made under clause 21.2 you will not be bound by the variation and you may choose to terminate this agreement and any Hire Charges paid will be refunded to you.
22. LIMITATION OF LIABILITY TO YOU
22.1. Subject to any clauses of this agreement dealing directly with costs or losses incurred by you or us, upon a breach of this agreement between you and us, neither you nor we shall be responsible for losses incurred as a result of the breach of this agreement unless these losses are a foreseeable consequence of the breach in question.
22.2. Neither this clause nor any other provision of this agreement will seek to limit our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; and/or
• any matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
23. GENERAL
23.1. All notices or notifications sent to us by you under this agreement must be sent to:
• South west Motorhomes by first class post; or
• by e-mail to [email protected].
Notice will be deemed received and served three days after posting or in the use of e-mail 24 hours after the e-mail is sent.
23.2. If any court or competent authority decides that any term of this agreement is unlawful, invalid or unenforceable to any extent that term will, to that extent only, be severed from this agreement and the remaining terms of this agreement shall continue to be valid to the fullest extent permitted by law.
23.3. If we fail, at any time while this agreement is in force, to insist that you perform any of your obligations under this agreement, or if we do not exercise any of our rights or remedies under this agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of this agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
23.4. A person who is not party to this agreement shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
23.5. During the Hire Period you may leave your own vehicle at our premises. We will not however accept liability for any loss or damage to your vehicle that arises whilst it is stored on our premises and we recommend that you check your own insurance policy to ensure that your vehicle is covered whilst on our premises.
24. DOG FRIENDLY Motorhomes
24.1. While some of our Motorhome are totally pet free you may be permitted to take well-behaved dogs in several of our Motorhome providing we agree this in writing at the time of booking. You must also comply with the following rules at all times during the Hire Period:
• Do not let your dog up onto any uncovered upholstery in the Horsebox.
• Do not leave your dog unattended/alone at any time in the Motorhome as they can get distressed when they hear people moving around outside.
• We do not allow dog cages of any description onto our Motorhome as damage/scratches to woodwork can be expensive to repair.
If your dog fouls an area please be considerate and scoop it up
