Motorhome Group Terms and Conditions 2007, Between Members and Hirers
The Motorhome Group Members and Hirers Agreement
Terms and Conditions
The following are the Conditions of Hire between the Hirer and the Member of the Motorhome Group. The motorhome and its equipment remain the property of the Member at all times.
The Hirer confirms agreement to these Terms and Conditions by an acceptance on the website prior to completing the Hirer profile.
The Hirer Undertakes to keep the vehicle securely locked at all times when unattended and to refrain from any action or omission which may prejudice the Member’s rights to the vehicle. The Hirer:–
- Shall not allow the vehicle to be driven by anyone other than those authorised by the Member.
- 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 tow any trailer or vehicle with the vehicle.
- Shall not carry more passengers than the permitted capacity of the vehicle or allow the vehicle to exceed the permitted Gross Vehicle Weight.
- Shall not use the vehicle for carriage of goods for hire or reward.
- 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 unless agreed otherwise in writing.
The Driver No one other than the drivers named in the Motor Rental Agreement may drive the hired vehicle. All named drivers must be over 25 and under 75 years of age and have held a valid UK licence, other National Licence or an International Driving Licence for at least three years. All licences must be free of endorsements except for parking and minor speeding offences and must be produced for inspection upon commencement of hire. In the case of UK photo-card licences, the card and the counterpart licence must be produced. Drivers with any history of endorsements within the last nine years, history of accidents, physical/mental defects, refused motor insurance record and motor convictions may have to pay an insurance surcharge. Non–UK licence holders may have to pay an insurance surcharge. Personal photo identification such as a valid passport and confirmation of address in the form of a recent utility bill or a bank/building society statement must be produced by the driver or drivers upon commencement of hire. The drivers
- Shall be between 25–75 years of age.
- Shall have held a valid full licence for at least three years with no history of disqualification or accidents or have been refused insurance.
- Shall provide two forms of identity one with a photograph and one confirming the home address.
The Insurance The Insurance is subject to and is deemed to include the terms, conditions, and limitations of Motorhome Group’s insurance policy, a copy of which may be inspected at the registered office of the Motorhome Owners Company Ltd. The maximum indemnity value is £40000 (forty thousand pounds). Any vehicle hired under this agreement may only be driven by the Hirer(s) who have completed the Hirer(s) profile as published on the Motorhome Group website. Even though it may be covered by Motorhome Group’s insurance the Hirer shall be liable to pay the full cost of repair for any damage which the vehicle may suffer as the result of wilful or negligent action carried out to the vehicle whilst under the care of the Hirer. The Hirer will compensate the Motorhome Group for any loss which it may suffer as a result of any act or omission on the part of the Hirer or his servant or agent. Excluded from the insurance cover is:–
- Damage to windscreen and windows, if this is the only damage to the vehicle including any resulting scratching to the bodywork.
- Damage to tyres by braking, punctures, cuts or bursts.
- Mechanical, electrical, electronic, computer failures, breakdowns or breakages.
- Loss of use, wear and tear, depreciation in value of the vehicle after a claim has been made under the insurance policy.
- Claims involving fraud or deception.
- Claims resulting from “taking away” incidents where the vehicle is taken by a member of your family, household or by someone with a close personal relationship with you.
- Claims resulting from anyone driving the vehicle with or without your permission but not named on the Booking Agreement.
- Theft as a result of keys remaining in the vehicle whilst unoccupied.
- The first 25‰ of the value of any claim for loss or damage following theft or attempted theft of the vehicle.
- 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.
- Damage or loss of personal effects within or from the vehicle.
- All overhead damage resulting from any incident. Overhead damage is defined as damage in excess of 1.8 metres from ground level.
The Damage Deposit There is a £750 refundable damage deposit payable in advance by the Hirer for any damage or loss for any one incident resulting in damage whilst the vehicle is on hire or in the care of the Hirer. If the vehicle is returned in good condition with a clean interior, whole and undamaged and there are no other extra charges, the deposit (subject to inspection by the Member and return of the Motorhome Condition Report) will be refunded within 7 working days. Should the condition of the vehicle be otherwise, and then repairs, replacements or cleaning costs will be charged against the damage deposit. If the vehicle is damaged even where no other vehicle was involved the full deposit of £750 is payable by the Hirer. Front and rear bumpers, overcab mouldings, rooflights, windows, wing mirrors and external doors are typical components prone to damage.
Theft The Hirer is totally responsible for the security of the vehicle. The Hirer must ensure that if the vehicle is left unattended at any time that it is securely locked and parked in a safe, well lit location. The Hirer must take every precaution to prevent loss from or theft of the vehicle.
Breakdown In the unlikely event of a breakdown or an accident, an emergency service is at the disposal of the Hirer. The Hirer is authorised to spend up to £50 on minor component replacement i.e. bulbs, hoses and belts but not authorised to carry out work or request others to carry out work on faults or repairs. The cost will be refunded on submission of a valid VAT receipt. For faults and repairs in the first instance call the Motorhome Group who will act on behalf of the Member and organise and coordinate assistance. Neither the Member nor the Motorhome Group is responsible for any consequential expenses or additional costs incurred in hiring alternative vehicles, late arrival, missed ferries, additional accommodation, travel expenses or any third party claims in connection with a breakdown or accident. The Hirer will be charged in circumstances where the incident is the result of negligence i.e. running out of fuel, filling a tank with the wrong fuel, locking keys inside vehicle, loosing keys.
Accident No responsibility can be accepted by the Motorhome Group or the Member for any loss or damage or expense which occurs as a result of an accident.
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 vehicle secure, immediately contact the police if anyone is injured and if there is any disagreement regarding who is responsible. You must also contact the member as soon as possible.
It will also be necessary for you to prepare an accident report and send copies to the Member and the Motorhome Group.
Reservations Bookings are confirmed by the Motorhome Group once a Hirer Profile is completed and a booking deposit of £200 per week or the full payment has been received by cheque, cash or credit card.
Cancellations must be in writing to Motorhome Group and are charged as follows:
The booking deposit is not refundable. The balance of the full payment if paid 4 weeks prior to the hire will be refunded if the hire is cancelled. The full payment is not refunded within 4 weeks prior to the hire. The £750 damage deposit is refunded in full if the hire is cancelled and provided no other sums are unpaid by way of deposit or otherwise. The Member reserves the right to cancel the hire if at the commencement of the hire the driver’s licence(s) are invalid or not in accordance with the conditions set out above. In these circumstances the total hire charge will be forfeited. The Member reserves the right to refuse hire to any person without explanation or prior warning. Hirers are advised to insure against unavoidable cancellation.
Collection and Return Unless otherwise agreed with the member the motorhome will be available on the day of collection from 4.00 pm and must be returned to the agreed location by 10.00 am on the last day of the hire. Failure to comply with the Return arrangement times will result in the Hirer being surcharged at the rate of £50 per hour or any part thereof together with any additional costs incurred by Motorhome Group (e.g. compensation to the next Hirer). No refund is given for an early return of the vehicle. The Hirer acknowledges return of the vehicle and the contents free from any defect or damage and complete other than as specified by the Member at the commencement of hire. The Hirer is advised to check the vehicle thoroughly before leaving the Member. The breakdown or malfunction of equipment after the vehicle has been handed over by the Member will not be accepted as reason to abort or cancel the hire contract; any such fault will be rectified as soon as possible. Upon return of the motorhome the Member will check the vehicle for damage, cleanliness, fuel, condition of the tyres, windscreen, bumpers, rooflights, mirrors, doors and internal habitation equipment. Motorhome Group will make a charge from the £750 damage deposit; of £50 for the cleaning of unemptied toilets and £50 for the cleaning of stained upholstery. A £25 charge will be made for a very dirty interior or exterior. Smoking and pets are not permitted and a £50 cleaning charge will be payable if this has been ignored.
The Hirer will collect a thoroughly clean motorhome and the Member will need to be able to prepare the motorhome to the same standard for the next Hirer.
Fuel, oil and gas A full tank of fuel is supplied with the vehicle at the commencement of hire and the Hirer is expected to return the vehicle with a full tank of fuel. Any fuel shortage will be charged to the Hirer against the £750 damage deposit. The Hirer will be liable for all repair costs if the incorrect fuel type is used. The Hirer is responsible for the regular checking of oil and water levels and the use of the correct type of fluids. Two gas cylinders are provided at the time of hire at least one is completely full. The cost of any refills thereafter shall be the responsibility of the Hirer who shall ensure that two bottles of the same size and make as taken out are returned with the vehicle. A charge of £25 will be made for each empty bottle returned with the vehicle.
Availability Every effort with due care is made to ensure that the vehicle reserved is available. If due to circumstances beyond the Member’s control, circumstances which could not forseen or avoided and the reserved vehicle is not available, the Motorhome Group reserves the right to offer a suitable alternative. This may be of similar size or larger. If this is offered there will be no increase in the tariff charged. 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 the Hirer.
Hirer’s Liabilities The Hirer shall be responsible for all costs and offences incurred against the Road Traffic Acts and /or regulations hereunder. The Hirer shall ensure that the driver and all passengers required by law shall when the vehicle is being driven wear the seat belts provided and use child seats where necessary. The Hirer will be responsible for the uninsured losses claimed by Motorhome Group regarding an insurance claim. The Motorhome Group accepts no liabilities for replacement vehicle costs, travel or accommodation costs or any other consequential loss claims arising from motorhome breakdown or accident. The motorhome is under the care of the Hirer who is responsible for the security and condition of the motorhome throughout the hire period.
Animals The general rule is that no animals, other than guide dogs. Exceptions may be possible subject to vehicle availability and this must be indicated to the Motorhome Group at the time of booking. Please be advised that Breakdown recovery agents are not obliged to carry animals in their vehicles.
Ending the Agreement
We will terminate the contract if any of the conditions of this agreement are not met.
If you are a consumer or a business we will end this agreement if we find that your belongings have been taken away from you to pay off debts, or a receiving order has been made against you. If you are a business we will end the contract if you go into liquidation or you call a meeting of creditors. If we end the contract it will not affect our right to receive any money we are owed under the conditions of this agreement. We can repossess the motorhome and charge you if we do so.
Disclosure of Information If you break the agreement, we will make available the information you have provided to us to credit reference agencies, the Driver and Vehicle Licencing Authority (DVLA), debt collectors and any other relevant organisation.
Claims these Terms and Conditions of contract are governed in all respects by English Law and the Parties submit to the jurisdiction of the English Courts. The Motorhome Group reserves the right to vary the terms and conditions at any time.
Above are the Terms and Conditions 2007 Between Members and Hirers
Last Legal modification on Motorhome Group 2006
Issued 8 May 2007
Published online update on 22nd November 2007
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