"Hire Company" refers to Highland Cow Motorhome Ltd. and its successors and assignees
(hereafter referred to as HCMH)
"Customer" (also referred to as
"The Hirer") refers to the person or persons nominated as the
Hirer on the rental agreement, and any person whose credit card is used as payment for the Customer's charges.
"Vehicle" refers to the vehicle described on the rental agreement and includes all tyres, tools, accessories and equipment, including the living equipment, documents relating to the Vehicle or any replacement or substitute Vehicle provided at the discretion of HCMH.
"Rental period" refers to the hire period as stated on the rental agreement (or any agreed written variation thereof), including any period out with the hire period during which the Vehicle is in the Customer's possession.
'Living equipment" refers to the items listed in the motorhome Description of Contents, including (but not limited to) cooking utensils, hairdryer, kettle etc.
"Security Deposit" refers to the sum of money held as security by HCMH . HCMH will refund the security within 7 working days of the date when the motor home is returned in a satisfactory condition in accordance with these Terms and Conditions and the Rental Agreement. In the event of any damages exceeding the security deposit the Customer will be responsible for settling all additional costs over and above the Security Deposit value.
1. Depot
Depot hours - HCMH are contactable any time by email but request that telephone calls are limited to reasonable hours (UK time)
2. Hire Rates
Hire rates quoted include unlimited mileage, UK standard Vehicle insurance and AA breakdown cover.
3. Hire Period
The hire period is the period agreed to in writing prior to the Vehicle being driven by the driver, and specified in the Rental Agreement.
4. Cancellation Charges
More than 6 weeks before Hire Dates - Booking deposit
Between 2 and 6 weeks before Hire Dates - 50% of total hire charge
Less than 2 weeks before Hire Dates - 100% of hire charge
5. Drivers
Driver age limits are from 25 to 70 years.
All drivers must have driven on a regular basis for at least 2 years.
All drivers must have held a valid licence for at least 3 years entitling the Customer to drive the Vehicle.
All drivers must be present at the checkout of the motor home.
Production of a full, standard driver's licence as well as a valid passport are required from all drivers prior to the start of hire. Should drivers be unable to present all correct documentation and identification upon collection of the motor home, HCMH will be unable to release the Vehicle and no refund will be given.
For UK drivers both the photo card and paper parts of the licence are required.
For drivers who are required to supply an international licence in addition to the standard licence to drive in the UK or Europe, this must be issued in the same country the standard licence was issued and be supplied alongside the standard driver's licence
Please note - all drivers from outside the EU will require an international licence.
Any driver who has had a driving conviction other than for speeding should contact HCMH Ltd to see if cover can be arranged.
Drivers are personally responsible for all legal penalties (such as parking tickets, congestion charges and speeding fines) which are incurred during the hire period. Any such penalties must be notified to the HCMH at the time of occurrence.
6. Collection and Return
Please allow 1 hour for handover at the agreed pick up point, so that HCMH can complete the documentation and can demonstrate the Vehicle to you. Please allow the same amount of time on your return.
The Vehicle must be returned on the date and before the time stated on the Rental Agreement. Vehicles must be returned clean and in the same condition they were in when they left the depot, otherwise charges will be made for additional valeting or upholstery cleaning. HCMH shall be entitled to recover full costs in returning the Vehicle to the original state in which it was handed over to the Customer.
A separate toilet cleaning fee of £75 will be charged if the toilet waste tank is not empty on return.
In the event of a late return, HCMH should be informed immediately. Failure to advise HCMH may result in a prosecution for driving while uninsured. An additional charge of £100 per hour will be incurred for all late returns not authorized.
7. Delivery and Return of Vehicle
It is understood that having received the Vehicle in a clean condition and in good working order in accordance with the Motor home checklist completed at the handover, with a half full tank of diesel, full LPG gas bottle and full water tank, the Customer will return the Vehicle in a clean condition with a half full diesel tank, full LPG gas bottle and on the return date and time set out according to the Rental Agreement
It is acknowledged that HCMH will not refund to the Customer any monies, nor have an obligation to provide a replacement Vehicle if the Vehicle is returned or the Customer ceases to have use of the Vehicle (or an item of equipment on the Vehicle) prior to the return date for any reason, e.g. weather, accident, theft or damage.
8. Passengers
HCMH authorizes the use of their Vehicles up to the stated number of passengers in the Rental Agreement, which must not exceed the number of fitted seatbelts. Each person must use the safety restraints provided at all times as required by UK Law. HCMH must be informed, prior to the commencement of hire, if child seats are required. Children up to 12 years of age (or 135 cms in height) must use the correct child restraints suitable for their weight according to UK law.
9. Insurance
The Vehicle is insured (provided all personal information supplied by the Customer is correct) for damage to the Vehicle and the property of a third party, but does not include any personal insurance for the Customer (including death or bodily injury to the driver) or cover for personal possessions. The Vehicle insurance is provided by London and Victoria. The hire rate quoted includes an excess of £500. In the event of damage to either the Vehicle or the property of a third party, the Hirer will be liable for the first £500. In addition, the Hirer will be fully liable for all Overhead Damage (see clause 10), and any damage which is due to gross negligence, repair of windows and windscreens and tyre damage.
10. Overhead Damage
All drivers must take note of the height of the Vehicle (9 feet 1 inch) and are responsible for all damage if it is driven under an obstruction that is too low for it to clear - for example, low bridges or height restrictions in car parks etc. In these situations the insurance will not apply and the Hirer will be responsible for the repair of all damages. Immediate notification of such damage must be given by the Customer to HCMH. Overhead damage is deemed as any damage to any part of the Vehicle above 6 feet (1.3 metres) and/or any third party property.
11. Security Deposit
Customers must pay a refundable £500 Security Deposit by cash, credit card or debit card prior to collection. If paying by credit or debit card the amount will be debited from the Hirer's account immediately. The Security Deposit is fully refundable within seven days of the return of the Vehicle to the agreed location, at the agreed date and time, in the same condition as the Vehicle was let out, with the toilet cassette empty, the interior clean (including the fridge and cooking appliances) and the fuel tank, LPG tank and fresh water tanks full, and otherwise in accordance with these Terms and Conditions.
HCMH reserves the right to increase the amount of the Security Deposit for specific events (such as music festivals, etc.) to £1,000.
The Customer authorizes HCMH agrees to deduct from the Security Deposit any amounts due to HCMH. arising from this agreement.
Should any damages exceed the Security Deposit the Customer agrees to settle all additional costs over and above the Security Deposit value within 7 days of the end of hire date.
12. Payment
Availability of our motor homes is on a request and confirmed basis at the time of reservation. A reservation is only binding once it has been confirmed by HCMH. and a downpayment of 50% of hire has been received and payment of the Security Deposit. Once a reservation is confirmed, HCMH will email a full booking confirmation pack to the Customer. Settlement of the remaining balance is due 6 weeks before departure. HCMH reserve the right to cancel the booking if the balance is not received 6 weeks before departure. Payment can be made via credit cards (Visa or Mastercard only) debit cards or bank transfers.
For late bookings (bookings made less than 6 weeks prior to departure) the full rental price is payable on booking. Vehicles will not be released without full payment being completed.
13. Rental and Other Charges.
The customer agrees to pay HCMH Ltd.
a) All rental charges
b) The security deposit
c) The stated cleaning fee if the Vehicle is not returned in a clean condition
d) The additional fee of £75 if the toilet and waste water tank are not emptied prior to the return of the Vehicle
e) The cancellation fee in the event of cancellation before the acceptance or delivery of the Vehicle
f) The cost of any damage to either the Vehicle or to the property of any Third Party, subject to the insurance cover
g) All government fees and duties
h) All parking fines, other fines or penalties incurred by the hirer and/ or the hirer's nominated driver(s), and/or any accidents including third party property damage not reported on the return of the vehicle, and any associated costs incurred in relation to the Vehicle during the rental period.
i) Any other fees or charges payable by the Customer pursuant to this agreement, including any costs incurred by HCMH Ltd. as a result of any breach by the Customer of the terms of this Agreement.
j) The daily rental rate for the period of time the Vehicle is off fleet for accident repairs
k) Any additional costs over and above the security deposit value if damages exceed the security deposit value
l) The recovery costs should a Vehicle require to be recovered
m) The cost of refilling either the diesel or the LPG tanks
14. Administration Charges
In the event of HCMH. receiving penalty charge notices for speeding, parking fines or congestion charges, an administration fee of £25 will be added to the charge to cover all administration and postage costs.
In the event of any errors in rental charges, the Customer agrees to pay any shortfall in charges and HCMH. agrees to pay a refund for any overcharge acknowledged by HCMH.
15. Payment of Charges, Joint and Several Liability
All charges and expenses payable by the Customer under this agreement are due on demand by HCMH. If the Customer does not pay all charges when due, a late charge of 1.5% per month will be incurred on the outstanding balance as well as any collection costs and reasonable legal fees. In the event of the Customer comprising more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this agreement.
16. Credit Card Payment
a)Visa, Mastercard only. Please note that a 2% admin fee will be levied to cover banking fees when a credit card is used to make payment. (There is no charge when using a debit card).
b) i. When payment is made by credit or debit card, HCMH. is authorized to complete any documentation and to take any other action to recover from the credit or debit card issuer all amounts due in respect to damage to the Vehicle or property of a third party, as well as any other additional charges as they are incurred (including, but not limited to, parking and penalty charges, road toll fines, congestion charges as well as any other administration costs)
ii. The Customer agrees not to dispute their liability to HCMH for any amount due under this agreement and to indemnify and keep indemnified HCMH. against any loss incurred by notifying the credit or debit card issuer of such a dispute.
In the event that HCMH. elects to accept payment of the Security Deposit by holding an open security payment which will be cancelled at the completion of the Rental Period, it is agreed that HCMH. is entitled to recover payment from either the Customer's credit or debit card issuer, pursuant to the agreements outlined above in clause 16, section b, subsections i and ii, in respect of any amounts due which were not known at the time of cancelling the open security payment.
All transactions under this agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially debited from the Customer's credit or debit card and the amount refunded within 7 days after the end of the rental period. The Customer agrees to release HCMH. from any liability for such variation.
17. Use of the Vehicle
The customer agrees that during the rental period, they will not allow the Vehicle to be
a) Driven otherwise than in a prudent and sensible manner and in accordance with UK Law;
b) Driven by a person under the influence of alcohol or drugs (or with a blood alcohol level in excess of that allowed by law)
c) Driven in a prohibited area or in an area other than the areas agreed with HCMH Ltd.
d) Driven or used in a manner which could cause damage
e) Left unoccupied with the ignition key still in the vehicle.
f) Driven by anyone under the age of 25 years or who is not authorized by law to drive the Vehicle (See Rental Agreement for details)
g)Damaged by submersion in water or damaged by salt water
h) Used for any illegal purpose or for any race, rally or contest
i) Used to tow any vehicle or trailer
k) Used to carry passengers or property for hire or reward
l) Used to carry more than four people
m) Used to carry any dangerous or volatile liquids, gasses, explosives or other inflammable or corrosive materials
18. Vehicle Damage - Insurance Cover
The Customer accepts that
a) The Vehicle is insured for any damage to the Vehicle as well as to the property of a third party, but does not include any insurance for the Customer or their possessions
b) The Customer will have to pay an excess of £500 for any insurance claim
c) In the case of winter hire, HCMH. cannot be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the Hirer.
d)The Hirer will be responsible for any damage caused through gross negligence and will not be covered by the insurance for driving into, or reversing into, any objects such as bridges, trees, road signs or overhead signs, or for any other damage due to gross negligence.
19. Road Restrictions
All Vehicles may only be driven on sealed or bitumen roads.
HCMH. reserves the right to restrict Vehicle movements in certain areas due to adverse road or weather conditions
or any other reasonable cause.
20. Alterations to the Vehicle
The Hirer shall not make any alterations or additions to the Vehicle without the prior written consent of HCMH.
21. Maintenance
The hirer shall take all reasonable steps to properly maintain the Vehicle, including checking oil and coolant levels, tyre pressure and batteries.
HCMH Ltd. will reimburse the hirer for expenditure reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle providing that;
i. the prior consent of HCMH Ltd. has been obtained
ii. appropriate receipts are produced
iii. the damage is not due to any breach of this agreement
Subject to the terms of this agreement, HCMH. will pay for the cost of replacing tyres damaged during the rental period providing that
i. appropriate valid receipts are produced
ii. the tyre is defective and returned to HCMH. for inspection
iii.the manufacturer accepts liability under his warranty
The Hirer will be responsible for any costs associated with the incorrect use of fuel. All Highland Cow Motor Homes run on DIESEL.
22. Motorhome Systems
HCMH will carry out a full Pre Check Inspection (PCI) on every motor home before the commencement of the hire period. Every system on board is tested to ensure they are operating correctly. In conjunction with this, the Hirer will be taken on board the motor home and shown how each system works. Should an onboard system fail during the hire period, HCMH. will make every effort to remedy the fault but in some circumstances this may not be possible. and HCMH. cannot be held responsible and will not refund any monies should a loss of service be encountered.
23. Responsibility in the Event of an Accident
In the event of any accident, damage or loss arising out of use of the Vehicle, the Hirer will
a) Notify HCMHas soon as possible and in any event within 24hrs of the event.
b) Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station, and inform HCMH of the Crime Reference/Incident Number.
c) Complete a European accident report form if necessary
d) Not make any admission of liability to other parties, settlements or other offers
e) Assist HCMH. with the handling of any claim arising from any event, including providing all information and attending Court to give evidence (if required).
f) Any amount due by the Hirer in respect of any damage arising from an incident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period.
g) No security deposit or insurance excess will be refunded until the claim is settled.
24. Change of Vehicle
HCMH. reserves the right, at their absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle ordered. In this event, the Hirer shall not be liable for any increased rental or other charges apart from any additional running costs relating to the substitute Vehicle. Such substitution will not entitle the Hirer to a refund and does not constitute a breach of the agreement.
25. Terminating the Agreement
HCMH. may terminate this agreement and repossess the Vehicle at any time, without notification to the Hirer, and the Hirer shall pay the reasonable costs of repossessing the Vehicle , including towing charges if;
a) the Hirer is in breach of any term of the Agreement
b) the Hirer has obtained the Vehicle through fraud or misrepresentation
c) Any statement, warranty or representation made by the Hirer in respect to his or herself and any additional drivers is incorrect
d) the Vehicle appears to be abandoned
e) the Vehicle is not returned on the agreed date of return or HCMH. has good reason to believe that the Vehicle will not be returned on the agreed date.
f) HCMH. has reasonable grounds for considering that the passengers or the condition of the Vehicle is in danger. The Hirer agrees that in the event of such termination or repossession, the Hirer has no right to a refund of any part of the Rental Charges or the Security Deposit.
26. Release and Indemnity of Highland Cow Motorhome Ltd.
Subject to HCMH’s obligation to deliver the Vehicle (or an appropriate substitute Vehicle), HCMH and its employees and agents are released from any liability to the Hirer for any loss or damage occurred by the Hirer by reason of this Agreement, including but not limited to;
i. Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for the Hirer's purpose.
ii. Any loss or damage to any property left in or on the Vehicle, in any service Vehicle or any HCMH premises or recovered or handled by HCMH.
Subject to any insurance agreements agreed with HCMH . the Hirer agrees to indemnify and shall keep indemnified HCMH, its employees and agents against any claims, expenses and demands (including legal costs) incurred or sustained by them by reason of the Hirer's use and/or possession of the Vehicle.
27. Title to Vehicle
HCMH. retains title to the Vehicle and its contents at all times and the Hirer does not have any right to pledge HCMH. credit in connection with the Vehicle. The Hirer shall not attempt, agree, offer or purport to sell, sublet, assign, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of (or otherwise deal with) the Vehicle.
28. Changes
Any changes to the Rental Agreement must be in writing and must be signed on behalf of HCMH. and by the Hirer.
29. Force Majeure.
HCMH. shall make every effort to ensure that the reserved motor home is available for the Hirer at the correct time. If due to circumstances beyond the control of HCMH. this is not possible, and if an alternative or acceptable motor home is not available the liability of HCMH. is limited to the refunds of all monies paid by the Hirer.
30. Hirer Warranties.
The Hirer warrants that all information supplied to HCMH. in connection with this Agreement is true and accurate in all respects.
31. Proper Law.
This agreement shall be governed by Scottish law, and the parties hereto and to the Rental Agreement prorogate the jurisdiction of the Scottish Courts.
32. Data Protection Act
The information provided by the Hirer to HCMH. will be used to fulfill this contract placed with us. We will not pass this information on to any other organization outside HCMC other than to our insurer
33. Entire Agreement.
This Agreement constitutes the entire agreement of the parties (HCMH. and the Hirer) and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement. HCMH . reserves the right to add or amend the Vehicle specifications and rental charges without prior notice.
Contacting Us
If there are any questions regarding these Terms and Conditions you may contact us using the information below.
Highland Cow Motorhome Limited
8 Low Road
Paisley
Renfrewshire
United Kingdom
PA2 6AG
info@highlandcowmotorhomes.co.uk
