TERMS AND CONDITIONS OF LUTON CARAVAN CENTRE LIMITED TRADING AS ‘AMBER LEISURE’ FOR THE HIRING OF MOTORHOME AND CAMPERVAN VEHICLES
In these terms and conditions all references to ‘we’, ‘us’ or ‘our’ shall refer to Luton Caravan Centre Limited (company registration number in England and Wales 01615874, registered office address Unit 1 Airport Executive Park, President Way, Luton, LU2 9NY) which trades under the name ‘Amber Leisure’.
CHARGE AND DRIVERS
The hire charge will be the price set out in our quotation.
Only persons named on the insurance policy at time of hire may drive the vehicle. Drivers must be over the age of 25 and under 75 and must have held a valid licence for at least 2 years. Age groups outside this bracket may be insured with an additional premium and this will be down to our insurer’s discretion.
Driving licences with endorsements may be subject to a surcharge and must be declared before hire.
Driving licence to be produced on collection of vehicle.
On collection of vehicle, the hirer (being the person nominated as the hirer in our booking form) will need to provide one form of identification along with a recent utility bill (original only).
Fully comprehensive insurance is provided within the hire charge and for the hire period only, driving outside this period of cover would be deemed to be an offence under the Road Traffic Act. Furthermore, the hirer is entirely responsible for any accidental damage, injury and consequential loss after the expiry of the hire period.
The driver/s covered under the policy will be driving on a £1,250.00 excess.
A damage deposit of £1,250.00 is to be pre-authorised prior to vehicle collection on a debit/credit card or can be paid by cash on the day of hire. In the event of damage to the vehicle (interior and exterior) or third party property the full £1,250.00 will be taken from the hirer to cover the insurance excess of £1,250.00. The hirer hereby acknowledges and agrees that the excess or any other amount due by the hirer 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 end of the hire period. Demurrage (loss of rental days whilst awaiting parts) will be charged to, and will be payable by, the hirer.
The damage deposit will be released on the satisfactory return of the vehicle, being on time and in the same condition it was hired. Deductions will be taken from this deposit in respect of any damage, late returns and equipment replacement costs that are not covered under the insurance policy.
It is advised that the hirer takes out separate travel insurance as no cover is provided for personal possessions.
Any damage to tyres, windscreen and any theft or loss of personal effects is not covered by our insurance and shall be at the hirer’s expense.
We must be notified if the hirer intends on leaving the country and failure to do so will invalidate the hirer’s insurance cover. A charge is made for travel to Europe and a list of acceptable countries is available upon request.
In the event of any accident, loss or damage arising out of the use of the vehicle, the hirer will:
- Notify us within 24 hours of the incident occurring.
- Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station.
- Complete an accident form as supplied by us.
- Not make any admission of liability to other parties, settlement offer or any other like offer.
- Assist us in handling any claim arising from any event, including providing all relevant information and attending court to give evidence.
The hirer will pay for any costs relating to the delivery of a changeover vehicle as a result of an accident regardless of which party is at fault. However, if no vehicle is available or our insurers refuse to offer further cover, then the hire will end with no refund of monies being due from us.
Reservations can be made either by telephone, by fax, in person, by e-mail or through our website but will only be held until, and a contract will only come into existence once, a completed booking form has been received by any means with a booking deposit of 50% of the total hire cost. That contract will be a contract for passenger transport services in respect of leisure activities.
Confirmation will be e-mailed within 7 days.
CANCELLATIONS AND NO SHOW
All cancellations must be in writing.
Should the hirer cancel their confirmed booking more than 6 weeks prior to commencement of hire they will forfeit their booking deposit.
Should the hirer cancel their booking between 6 and 2 weeks prior to commencement of hire, they will be charged 75% of the total hire cost.
No shows and cancellations less than 2 weeks prior to commencement of hire will be charged the full hire cost.
Full payment is due 42 days prior to the collection of the vehicle or upon booking for short notice bookings made less than 42 days prior to the collection of the vehicle.
A £1,250.00 damage deposit is to be pre-authorised on the day of collection from a debit/credit card.
Payments can be made by debit/credit card or by bank transfer for the hire. There is a 2.5% charge for payment on credit cards.
The hirer hereby irrevocably authorises us to deduct from the card lodged against the damage deposit any amounts due from the hirer arising out of these terms and conditions and the hirer’s booking and contract with us. Such amounts shall include fines/penalties and administration charges incurred.
VEHICLE COLLECTION AND RETURN
Collection is Monday – Friday 1pm – 4pm, Saturday 9am – 11.30am.
Return is Monday – Friday 08.30am – 11.30am, Saturday 9am – 11.30am.
Failure to comply with these times will result in the hirer being charged and liable at the rate of £100.00 per hour as liquidated damages and being uninsured. This sum represents a genuine pre-estimate of our loss. No refund is given for early vehicle returns.
On return of the vehicle the hirer is to ensure that the vehicle is clean and tidy and that the chemical toilet is clean and free from waste. Each carries an additional charge of £75.00 payable by the hirer in the event of the hirer failing to ensure such cleanliness.
It is the hirer’s responsibility to check that on collection the vehicle is free from damage and defects.
While we will endeavour to make every effort to ensure the vehicle is ready at the agreed time, circumstances may arise outside of our control and, subject to the ‘LIABILITY’ section of these terms and conditions, we accept no liability other than the refund of any complete day or days lost.
We will make every effort to ensure that the reserved vehicle is available for the hirer at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative comparable vehicle or acceptable vehicle is not available then, subject to the ‘LIABILITY’ section of these terms and conditions, our liability is limited to the refund of all monies paid by the hirer.
We will carry out a full Pre-Checkout Inspection (PCI) on every vehicle before the commencement of hire. The PCI involves testing every system on board the vehicle to ensure they are operating correctly. In conjunction with this the hirer will be taken on a tour of the vehicle and shown how each system works (and that it works). Should an onboard system fail during the hirer’s hire, we will make every effort to remedy the fault whilst the hirer is away but in some cases this may not be possible and, subject to the ‘LIABILITY’ section of these terms and conditions, we will not be held responsible and will not refund any monies should a loss of service be encountered.
BREAKDOWNS AND ACCIDENTS
In the event of a breakdown or accident services will be at the hirer’s disposal 24 hours a day, 7 days a week.
The hirer is authorised by us to spend up to £50.00 on necessary repairs and we will reimburse the hirer against a valid value added tax receipt.
Any repairs above £50.00 need to be authorised by a member of our staff.
Any breakdown, malfunction or damage caused by the hirer’s negligence will be made good at their expense (this includes towing required when stuck in mud/a field).
Every effort is made to ensure the vehicle is in a roadworthy and safe condition prior to each and every hire. Therefore, subject to the ‘LIABILITY’ section of these terms and conditions, we will not accept any responsibility for hotel or any other consequential expenses subsequent to a breakdown.
However, we will refund the loss for any complete days lost for the use of the vehicle providing the hirer has documentation to support this claim.
FUEL, GAS AND WATER
A full tank of fuel is supplied with the vehicle at commencement of hire and the vehicle is expected to be returned with a full tank. A charge of £4.00 per litre will apply for any fuel shortage as liquidated damages and will be payable by the hirer. This sum represents a genuine pre-estimate of our loss.
It is the hirer’s responsibility to check and maintain oil and water levels to vehicle specifications and to put the correct fuel into the vehicle.
One full refillable gas cylinder will be supplied at commencement of hire. This must be returned full or a charge of £30.00 will be made. A second gas cylinder (Calor) is available for a non-refundable amount of £30.00.
Any cylinders lost or incorrectly exchanged will be charged to the hirer and will be payable by the hirer.
The hirer must ensure that all passengers wear seat belts provided.
The hirer is responsible for all parking/motoring offences during the hire period and will pay an administration fee of £25.00 to us on top of the fine.
The hirer must ensure the vehicle is not overloaded and carries only the correct number of passengers as per vehicle specifications.
The hirer must not use the vehicle for hire or reward.
The hirer will not tow any vehicle or trailer behind the vehicle unless our prior agreement has been obtained.
The hirer will not allow any pets into the vehicle unless our prior agreement has been obtained.
The hirer is responsible for ensuring the vehicle is locked when left unattended.
The hirer will ensure all hatches and doors are securely fastened during transit.
The hirer hereby acknowledges and agrees that:
- We retain the title to the vehicle and its contents and that they possess the vehicle and its contents as a mere bailee only.
- The hirer does not have any right to pledge our credit in connection with the vehicle and agrees not to do so.
- They shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with the personal possession of or otherwise deal with the vehicle.
We operate a strict policy of no smoking within our motorhomes. Failure to comply with this will result in a charge of £500.00 being made and being payable by the hirer as liquidated damages. This sum represents a genuine pre-estimate of our loss.
WE RESERVE THE RIGHT TO REFUSE HIRE TO ANY PERSON(S) AND NOT HAND OVER ANY VEHICLE IF WE FEEL THE HIRER IS NOT SUITABLE. WE RESERVE THE RIGHT TO REPOSSESS THE VEHICLE AT ANY TIME, DUE TO MISUSE, DAMAGE OR ACCIDENT.
Upon providing the booking form by any means the hirer is legally deemed to have agreed and accepted these terms and conditions which shall be governed by the laws of England and Wales and with the parties hereby submitting to the exclusive jurisdiction of the courts of England and Wales in the event of any dispute between them.
DATA PROTECTION ACT
The hirer hereby warrants that all information supplied by them to us in connection with their booking is true.
COMPLIANCE WITH LAWS
The hirer shall comply with all laws relating to the vehicle and use of the vehicle.
Without limitation, this obligation shall require the hirer to comply with all laws in respect of customs when taking the vehicle over any border and so as to avoid the vehicle being impounded by any authority.
The hirer shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of this obligation of the hirer including, without limitation, any damage to the vehicle, repairs required to the vehicle or loss of profit in respect of hiring the vehicle in the event of it being impounded by any authority. By indemnify, we mean the hirer undertakes to reimburse us or pay us directly for all those listed items.
For these purposes, laws shall mean all local, national and directly applicable supra-national laws and regulations as amended, extended or re-enacted from time to time and shall include all subordinate laws and regulations made from time to time under them and all orders, notice, codes of practice and guidance under them.
In respect of the passenger transport services in respect of leisure activities that we provide, the Consumer Rights Act 2015 says the hirer can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
We are responsible to the hirer for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage the hirer suffers that is a foreseeable result of us breaking the contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and the hirer knew it might happen, for example, if the hirer discussed it with us during the hire process.
We do not exclude or limit in any way our liability to the hirer where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of the hirer’s legal rights in relation to the passenger transport services in respect of leisure activities that we provide.
As a consumer, the hirer has certain statutory rights. These terms and conditions shall not affect the hirer’s statutory rights.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
If one party gives notice to the other of the possibility that any provision or part-provision of these terms and conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
The booking form and these terms and conditions constitute 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 the hirer’s booking.
WEF March 2016