Motorhome Hire

Motorhome Group Terms and Conditions 2009, Between Members and Hirers

Motorhome Group Terms and Conditions

This Rental Contract is made between the Owner and you (the Hirer), subject to these Terms. Motorhome Group acts as agent for and on behalf of the Owner.

1. Definitions

Within these terms and conditions the following words and expressions shall have the following meanings:

"Booking Deposit"	means the booking deposit of £200 per week payable by you to confirm your booking of the Motorhome;
"Daily Rate"	means the daily rate used in the Website calculation and payable by you for each day or part thereof that you are late in returning the Motorhome to the Return Point;
"Handover Condition Report"	means the joint report undertaken by you and the Owner prior to the pick up of the Motorhome;
"Hirer"	means you, the hirer of the Motorhome. All references to "you" means the Hirer.
"Hirer Profile"	means your details to be completed by you at the time of booking;
"Insurance"	means the fully comprehensive road risk self drive hire insurance for the Motorhome to be provided through the Motorhome Group;
"Motor Rental Agreement"	means the schedule containing details of the Rental Contract which forms part of these Terms;
"Motorhome"	means the motorhome as is described in the Reservation Details;
"Motorhome Group"	means Motorhome Owners Company Limited (Company Number 5921160) whose registered office is at 14 London Road, Newark, Nottinghamshire, NG24 1TW;
"Owner"	means the legal owner(s) of the Motorhome whose contact details will be supplied to you prior to the Pick Up Date;
"Pick Up Date"	means the date and time stated upon which the Hirer is to collect the Motorhome;
"Pick Up Location"	means the place stated in the Reservation Details or subsequently supplied to the Hirer from where the Motorhome is to be collected upon the Start Date;
"Rental Contract"	means the contract for the rental of the Motorhome in accordance with and incorporating the Reservation Details and Terms;
"Rental Damage Deposit"	means the deposit of £950 payable by you prior to the pick up of the Motorhome;
"Reservation Details"	means, inter alia, the details of the Motorhome, its location, the hire period, the cost of hire, the number of named drivers and travel region as described on the Website and which forms part of these Terms;
"Rental Payment"	means the payment due from you to the Owner for the hire of the Motorhome in accordance with the Rental Contract;
"Rental Term"	means the period commencing on the Pick Up Date and ending on the date upon which the Motorhome is returned to the Return Point;
"Return Date"	means the date and time stated in the Motor Rental Agreement upon which the Hirer is to return the Motorhome to the Return Point;
"Return Point"	means the location stated in the Reservation Details to where the Motorhome is to be returned on the Return Date;
"Return Report"	means the joint report undertaken by you and the Owner prior to the return of the Motorhome;
"Terms"	means these terms and conditions;
"Website"	means http://www.motorhomegroup.com or such website as may be used by the Motorhome Group from time to time or such companion website as may be used by the Motorhome Group.

2. Your contract with the Owner

2.1	When confirming your booking online, you will be required to confirm your acceptance of these Terms which will govern your rental of the Motorhome. Please read these Terms carefully as they are intended to be and are legally binding. If there is anything you do not understand or do not agree with, please contact the Motorhome Group.
2.2	If you decide to cancel your booking or do not arrive to collect the Motorhome on the Pick Up Date, charges may be made as are explained in these Terms.
2.3	The Motorhome Group acts solely as agent on behalf of the Owner and therefore has no contractual liability or obligation to you under the Rental Contract.

3. Term

The rental of the Motorhome is for the period from the Pick Up Date to the Return Date. If you fail to return the Motorhome to the Return Point on the Return Date you are in breach of these Terms and will be charged for every day or part-day after the Return Date you fail to return the Motorhome to the Return Point.

4. Bookings and deposit

4.1	To book a Motorhome you must:-

	4.1.1	complete the Motor Rental Agreement;
	4.1.2	complete the Hirer's Profile;
	4.1.3	confirm your acceptance of these Terms;
	4.1.4	authorise online payment from your credit/debit card.

4.2	Motorhome Group will then confirm your booking by return email to the email address stated on the Hirer's Profile whereupon the Rental Contract between the Owner and you is established.

4.3	Motorhome Group shall deduct from your credit/debit card:-

	4.3.1	the Booking Deposit upon confirmation of the booking; and
	4.3.2	the Rental Payments less the Booking Deposit four weeks prior to the Pick Up Date. If the booking date is less than four weeks prior to the Pick Up Date, the Rental Payments will be taken upon the booking date and will include the Booking Deposit; and
	4.3.3	on the Pick Up Date, the Rental Damage Deposit (pre authorisation for this deduction having been given on booking).

If any one, any or all of these payments is rejected or denied then the Motorhome Group shall be entitled to cancel the Rental Contract.

4.4

Any documentation requested by the Motorhome Group must be received by the Motorhome Group at least four weeks prior to the Pick Up Date or, if the date of booking is less than four weeks prior to the Pick Up Date, within 4 days of the booking date. If the date of booking is less than 4 days before the Pick Up Date, you must contact the Motorhome Group with regard to delivery of documents.

4.5	In the event that the Motorhome Group does not receive any documents requested at least 4 days prior to the Pick Up Date, the Motorhome Group reserves the right to cancel the Rental Contract and retain all payments made.

5. Your responsibilities

5.1	You must complete a Handover Condition Report of the Motorhome with the Owner to identify the state of repair of the Motorhome and any damage prior to its pick up.

5.2	You must look after the Motorhome and the keys to it. You must always keep the Motorhome locked securely at all times when unattended, ensuring that you use any and all security device(s) fitted to or supplied with the Motorhome.

5.3	You must protect the Motorhome against any adverse weather conditions which can cause damage to the Motorhome.

5.4	You must ensure that you use the correct fuel for the Motorhome.

5.5	You must not sell, rent or dispose of the Motorhome or any of its parts, fixtures, fittings or items added by the Owner or otherwise.

5.6	You must not grant to anyone legal rights over the Motorhome.

5.7	You must not let anyone work on the Motorhome without the Owner's permission. If the Owner does grant you permission to proceed with work, you will only receive a refund if you have a valid VAT receipt for the work and the works carried out have been authorised by the Owner.

5.8	You must let the Owner know as soon as you become aware of any fault in or with the Motorhome.

5.9

You must return the Motorhome to the Return Point on the Return Date. Until the Motorhome is safely returned to the Owner you will remain responsible for the Motorhome. The Owner must inspect the Motorhome before it is handed back to them so that the Owner can ensure that they are satisfied with the condition in which it has been returned.

5.10	You are responsible for any loss or damage to the Motorhome caused by negligence, misuse or otherwise, whether or not such loss or damage was caused by you.

5.11

You must complete a Return Report with the Owner to identify the state of repair of the Motorhome and any damage prior to its return. Any points as to the state of repair on which you disagree must be clearly identified. In the absence of such identification, you will be deemed to accept the content of the Return Report in its entirely.

5.12	You will have to pay for costs of repair of any interior or exterior damage or loss to the Motorhome or its equipment.

5.14	Before you return the Motorhome you must ensure you have not left any personal belongings in the Motorhome. Neither the Owner nor the Motorhome Group is under an obligation to return any such belongings left by you.

6 Towing

You and any other driver must not use the Motorhome for towing unless you have prior written permission from the Motorhome Group to do so.

7 The Driver

7.1	No-one other than you and or any other driver named in the Motor Rental Agreement may drive the Motorhome.

7.2	No-one may drive the Motorhome unless they are aged between 25 and 75 years of age inclusive during the Rental Term.

7.3	Every driver must hold, and have held at the Pick Up Date for at least 3 consecutive years, a valid UK Driving Licence, other valid National Licence or a valid International Driving Licence.

7.4	Every driver must have completed a Hirer's Profile before driving the Motorhome.

7.5	You and any other driver of the Motorhome must not:

	7.5.1	use the Motorhome for hire or reward;
	7.5.2	use the Motorhome for any illegal purpose;
	7.5.3	use the Motorhome for either racing, pacemaking, testing the Motorhome's reliability and speed and or teaching someone to drive;
	7.5.4	use the Motorhome whilst under the influence of alcohol and/or drugs; or
	7.5.5	drive the Motorhome outside England, Scotland and Wales, unless you have requested this in your booking request.

8 Rental Damage Deposit

8.1	A refundable Rental Damage Deposit of £950 is payable in advance by you for any damage or loss caused to the Motorhome or its equipment.

8.2	The condition of the Motorhome upon its return will be compared against the condition of the Motorhome upon its pick up by reference to the difference, if any described in the Handover Condition Report and the Return Report.

8.3	Provided the Motorhome is returned to the Return Point on the Return Date in the same condition as at the Pick Up Date with a clean interior and there are no other extra charges, the Rental Damage Deposit will be refunded within 7 working days of the date upon which the Motorhome is returned.

8.4	Should the Motorhome be returned in a worse condition as at the Pick Up Date, then repairs, replacement or cleaning costs will be charged against the Rental Damage Deposit, up to and including the full £950.

8.5	This paragraph 8 is without prejudice to the rights of the Motorhome Group and/or the Owner to recover from you, whether under these Terms or otherwise, any sums due in excess of the Rental Damage Deposit for damage or loss howsoever caused to the Motorhome during the Rental Term.

8.6	The following charges are payable by you and if not paid will be deducted from the Rental Damage Deposit:

	8.6.1	You must empty the toilet at the end of the Rental Term. There is a £50.00 charge from the Rental Damage Deposit for un-emptied toilets.
	8.6.2	Any item of stained upholstery will be charged up to and including £50.00 per item from the Rental Damage Deposit for cleaning.
	8.6.3	A £25.00 charge will be made from the Rental Damage Deposit for a very dirty interior or exterior.
	8.6.4	A £50.00 cleaning charge from the Rental Deposit will be payable if the ban on smoking and animals has been ignored.
	8.6.5	You must pay any and all fines and costs (including court costs) incurred for parking, traffic or other offences, congestion charges, (including any costs which arise if the Motorhome is clamped). You must pay to 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 incurred by the Motorhome Group or the Owner in dealing with these matters.
	8.6.6	You are liable for any charges arising from HMRC or Immigration Authorities seizing the Motorhome, together with a loss-of-income charge for the full period during which the Owner cannot rent out the Motorhome as a consequence.
	8.6.7	Any published or agreed rates for delivering and collecting the Motorhome.
	8.6.8	Interest which will be added every day to any amount you do not pay on time, at the rate of 4% a year above the base lending rate of National Westminster Bank plc from time to time.
	8.6.9	Value added tax and all other taxes on any of the charges listed above, as appropriate.
	8.6.10	The Daily Rate for every day or part day for which you fail to return the Motorhome to the Return Point.

9 Insurance

9.1	Insurance for the Motorhome for the period from the Pick Up Date to the Return Date is arranged through the Motorhome Group.

9.2	The cost of the Insurance is included within the Rental Payment.

9.3	Full details of the Insurance is available from the offices of the Motorhome Group.

9.4	Upon pick up of the Motorhome the Owner will supply you with your Motor Rental Agreement as confirmation of Insurance Cover.

9.5	Motorhome Group reserves the right to take action against you to recover the full cost of all loss, repairs and damage suffered by the Motorhome during the Rental Term which is not covered by Insurance.

9.6	You shall be liable for the first £950 of each and any claim(s) made under the Insurance, such sums to be deducted from the Rental Damage Deposit and if insufficient paid by you within 7 days of written demand.

9.7	The following are excluded from the Insurance cover:

	9.7.1	Damage to the windscreen and windows;
	9.7.2	Damage to tyres caused by braking, punctures, cuts or bursts;
	9.7.3	Mechanical, electrical, electronic, computer failures, breakdowns or breakages;
	9.7.4	Loss of use, wear and tear, depreciation in value of the Motorhome after a claim has been made under the Insurance policy;
	9.7.5	Claims involving fraud or deception;
	9.7.6	Claims resulting from "taking away" incidents where the Motorhome is taken by a member of your family, household or by someone with a close personal relationship with you;
	9.7.7	Claims resulting from anyone driving the Motorhome with or without your permission who has not been included in the Hirer's Profile;
	9.7.8	Theft as a result of keys remaining in the Motorhome whilst unoccupied;
	9.7.9	The first 25% of the value of any claim for loss or damage following theft or attempted theft of the Motorhome by the hirer;
	9.7.10	Loss or damage to, or theft of, the TV, radio, stereo equipment, and aerials;
	9.7.11	Interior damage including burns to seats, carpets and other damage;
	9.7.12	Vandalism damage of any kind to the Motorhome;
	9.7.13	Damage or loss of personal effects within or from the Motorhome;

10 Theft

You are entirely responsible for the security of the Motorhome. You must ensure that, if the Motorhome is left unattended at any time, it is securely locked and parked in a safe, well lit location. You must take every precaution to prevent loss from or theft of the Motorhome.

11 Fuel, oil and gas

11.1	A full tank of fuel is supplied with the Motorhome upon pick up of the Motorhome and you must return the Motorhome with a full tank of fuel. Any fuel shortage will be charged to you against the Rental Damage Deposit. You will be liable for all repair costs if the incorrect fuel type is used.

11.2	You are responsible for the regular checking of oil and water levels and the use of the correct type of fluids during the Rental Term.

11.3

Two gas cylinders are provided at the time of hire, at least one of which will be completely full. The cost of any refills thereafter shall be your responsibility and you shall ensure that two bottles of the same size and make as taken out are returned with the Motorhome. A charge of £25.00 from the Rental Damage Deposit will be made if at least one completely full gas cylinder of the same size as and make as the one taken out is not returned with the Motorhome.

12 Cancellations

All cancellations must be in writing, addressed to the Motorhome Group and are charged as follows.

12.1	The Booking Deposit of £200 per week is not refundable in any circumstances.

12.2

If the cancellation notice is received 28 days or more before but excluding the Pick Up Date, the Motorhome Group shall refund the Rental Payment less the Booking Deposit. The £950 Rental Damage Deposit is not charged if the hire is cancelled and provided no other sums are unpaid by way of deposit or otherwise.

12.3	If the cancellation notice is received within the period of 28 days before and including the Pick Up Date the Motorhome Group will be entitled to the full amount of the Rental Payment. Provided no other sums are unpaid by way of deposit or otherwise the Rental Damage Deposit shall not be charged.

13 Pick up and return

13.1

The Motorhome will be available for pick up from the Pick Up Location on the Pick Up Date and must be returned to the Return Point by 10.00 am on the Return Date. Any delay in returning the Motorhome will result in you being charged the Daily Rate for each day or part thereof for which you fail to return the Motorhome to the Return Point. No refund is given for an early return of the Motorhome.

13.2

You acknowledge on pick up, the rental of the Motorhome and the contents free from any defect or damage and complete other than as specified in the Handover Condition Report. On pick up, you are advised to check the Motorhome thoroughly before departure. The breakdown or malfunction of equipment after the Motorhome has been handed over by the Owner will not be accepted as reason to abort or cancel the Rental Contract; any such fault will be rectified as soon as possible. If the fault cannot be rectified within twenty four hours from the Pick Up Date, the Motorhome Group will seek to provide an alternative motorhome. If the alternative arrangements are not acceptable to the Hirer, the balance of the Rental Payment will be paid to the Hirer.

13.3	Upon return of the Motorhome the Owner will check the Motorhome for damage, cleanliness, fuel, condition of the tyres, windscreen, bumpers, rooflights, mirrors, doors and internal habitation equipment and complete the Return Report jointly with you.

14 Availability

14.1

Every effort is made to ensure that the Motorhome reserved is available. If, due to circumstances beyond either the Motorhome Group or the Owner's control which could not reasonably have been foreseen or avoided at any point up until the Pick Up Date, the booked Motorhome is not available, the Motorhome Group reserves the right to offer a suitable alternative. This may be a motorhome of similar size or larger. If an alternative is not acceptable to the Hirer, the Rental Payment will be refunded.

14.2

If an alternative is not available the liability of the Motorhome Group will be limited to the refund of all monies paid to Motorhome Group by you. Neither the Motorhome Group nor the Owner can accept responsibility or pay any compensation, costs or expenses where the performance of the Rental Contract with the Owner is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond either the Motorhome Group or the Owner's reasonable control. Such loss or damage includes any delays to and or restrictions to your rental to which you may be subject.

15 Suitable persons

15.1

The Owner reserves the right to refuse to hand over a Motorhome to any person who, in the reasonable opinion of the Owner is not suitable to take charge of the Motorhome. In such cases of refusal, all payments made by the Hirer will be refunded in full, but neither the Motorhome Group nor the Owner will have any further liability in relation to the aborted hire, nor to the person to whom hire was refused.

15.2

The Owner and Motorhome Group reserve the right to cancel the hire if at Pick Up Date or at any time during the Rental Term it becomes apparent that any of the drivers' licence(s) are invalid or not in accordance with the Hirer's Profile. In these circumstances all payments made by the Hirer will be forfeited.

16 Animals

No animals may be taken into or on the Motorhome unless the Owner has indicated acceptance within the description of the Motorhome as displayed on the Website. Please be advised that breakdown recovery agents are not obliged to carry animals in their vehicles.

17 Smoking

Some Owners accept smoking on the Motorhome, some do not. The Owner has indicated acceptance or otherwise within the description of the Motorhome displayed on the Website.

18 Breakdown

In the event of a breakdown or an accident, an emergency service is at your disposal.

18.1

You are authorised to spend up to and including £50.00 on minor component replacements such as bulbs, hoses and belts. The cost will be refunded to you on the submission to the Motorhome Group of a valid VAT receipt. You are not authorised to carry out work or request others to carry out work on faults or repairs.

18.2

For faults and repairs over and above the £50.00 threshold (including damage to windscreens and tyres), in the first instance call the Motorhome Group who will act on behalf of the Owner and organise and coordinate assistance. Neither the Owner nor the Motorhome Group is responsible for any consequential expenses or additional costs incurred by, for example, hiring alternative vehicles, late arrival, missed ferries, additional accommodation, travel expenses or any third party claims in connection with a breakdown or accident.

18.3	You will bear all costs of breakdown or repair in circumstances where the incident is the result of negligence on your part, for example by running out of fuel, filling a tank with the wrong fuel, locking keys inside the Motorhome or losing keys.

19 Accident

19.1	No responsibility is or can be accepted by the Motorhome Group or the Owner for any loss or damage or expense which occurs as a result of any accident.

19.2

If you have been involved in an accident you must not admit responsibility. You should obtain the names and addresses of all involved, including witnesses. You should also make the Motorhome secure, contact the police immediately if anyone is injured or if there is any disagreement regarding who is responsible. You must also contact the Owner as soon as possible.

19.3	It will also be necessary for you to prepare an accident report and send copies to both the Owner and the Motorhome Group.

20 Disclosure of Information

If you break the Rental Contract, we will make available the information you have provided to us to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisations. We are also entitled to pass this information on to the British Vehicle Rental and Leasing Association (BVRLA), who in turn can pass it on to any of its members for any purpose stated in the Data Protection Act 1998.

21 Ending the Rental Contract

21.1	The Motorhome Group is entitled unilaterally to terminate immediately the Rental Contract by notice in writing to you if:-

	21.1.1	any of these Terms are breached by you;
	21.2.2	you fail to remedy any breach having been requested to do so by either the Motorhome Group or the Owner;
	21.1.3	you are made bankrupt.

21.2

If the Motorhome Group ends the Rental Contract it will not affect the Motorhome Group's right to receive any money owed under the Rental Contract, including under these Terms. At any time after Motorhome Group has terminated the Rental Contract in accordance with this clause 21 or if you fail to return the Motorhome upon the Return Date the Motorhome Group and/or the Owner is entitled to repossess the Motorhome and charge you for doing so.

22 General

22.1	These Terms, Rental Schedule and the Reservation Details set out the entire agreement relating to the rental of the Motorhome. You confirm that in entering into the Rental Contract you have not relied upon any representation of either the Motorhome Group or the Owner not set out in these Terms.

22.2	These Terms are not intended to nor do they confer any right or entitlement on any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.

23 Jurisdiction

These Terms are governed in all respects by English Law and you submit to the jurisdiction of the English Courts.

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Above are the Terms and Conditions 2009 Between Members and Hirers

Issued 29 January 2009

Published online update on 07 February 2009

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