|
1.)
Definitions of Terms and Conditions:
'I', 'me' and 'my' refers jointly and severally to the person
or persons who are the customers.' This Agreement' means the Rental
Agreement, the Insurance Motor Rental Agreement and these Terms
and Conditions. In the event of any discrepancy between these
Terms and Conditions and any other CC Motorhomes literature, the
provisions of these Terms and Conditions apply.
CC Motorhomes Ltd.
Means CC Motorhomes Ltd owned and operated by K R Charles.
'Customer'
Means the person or persons nominated as the hirer under the
heading 'Hire Details' on the Insurance Motor Rental Agreement
and any person whose credit card is presented in payment of the
customer's charges.
''Living Equipment'
Includes but is not limited to DVD player, CD player, crockery,
cutlery, cooking utensils, pillows, sheets and towels.
'Rental Period'
Means the hire period referred to under the heading 'Booking
Details' on the Rental Agreement or any agreed variation thereof
and any additional period during which the vehicle is in the customer's
possession or control
'Vehicle'
Means the vehicle described under the heading 'Vehicle Details'
on the Rental Agreement and includes tyres, tools, accessories,
the living equipment and any other special equipment, documents
related to the Vehicle and any replacement or substitute Vehicle
which may be provided at the discretion of CC Motorhomes.
'Security Deposit'
Means the Vehicle security deposit detailed under the heading
'Vehicle Security Deposit' in the Insurance Motor Rental Agreement.
--------------------------------------------------------------------------------
2.)
Delivery and Return of the Vehicle
- Pick up times are 2.00PM onwards and return time between 10.00AM
- 11.00AM.
- I acknowledge having received the Vehicle in a clean condition
and in sound working order in accordance with the Departure
Checklist and with a full fuel tank and a full gas bottle.
- I will return the vehicle in a clean condition with a full
fuel tank, on the return date and time set out under the heading
'Check in' in the Rental Agreement.
- I acknowledge that CC Motorhomes will not refund to me any
monies, nor have any obligation to provide a replacement vehicle,
if the Vehicle is returned or I cease to have the use of the
Vehicle prior to the return date for any reason e.g. Accident,
weather or theft.
--------------------------------------------------------------------------------
3.)
Rental and Other Charges
I will pay CC Motorhomes Ltd:
- All rental charges
- All hires are subject to Administration charges of £17.50
- The security deposit.
- The nominated cleaning fee of £75.00 if the Vehicle is not
returned with the interior in a clean condition. Non Standard
Valet £120.00
- The nominated additional fee of £60.00 if the toilet and
waste water tank are not emptied prior to the return of the
Vehicle.
- The nominated cancellation fee in the event of cancellation
of this agreement prior to acceptance of delivery of the vehicle.
- The cost of any damage to the Vehicle or the property of
any third party.
- All government fees and duties etc.
- Vehicles returned later than 11:00am on Return Date £50.00
per hour
- All parking fines, other fines or penalties, and / or accidents
including third party property damage not reported on return
of the Vehicle; and associated administration costs incurred
in relation to the Vehicle during the Rental Period.
- Any other fees or charges payable by me pursuant to this
Agreement. This includes any costs incurred by CC Motorhomes
as a result of any breach by me of the terms of this Agreement.
- The daily rental rate for the period the Vehicle is off fleet
for accident repairs (demurrage).
- The cost to recover a Vehicle which has become bogged.
- Motorhome Ireland cover (includes insurance and AA cover)
£75.00 per week
- Motorhome European cover (includes insurance and AA cover)
£100.00 per week
- Motorhome Additional driver (UK only) £3.50 per person per
day, clean driving license (max 3)
- Motorhome Additional driver (Europe) £5.00 per person per
day, clean driving license (max 3)
- Motorhome Non-UK driving license £5.00 per person per day,
clean driving license (max 3)
--------------------------------------------------------------------------------
4.)
Errors in Rental Charges
Total charges as set out therein are not final. I will pay any
shortfall in charges to CC Motorhomes and I will receive a refund
for any overcharge acknowledged by CC motorhomes.
--------------------------------------------------------------------------------
5.)
Payment of Charges Joint and Several Liability
All charges and expenses payable by me under this Agreement are
due on demand by CC Motorhomes. If I do not pay all charges when
due, I agree to pay a late charge of 1.5% per month on the outstanding
balance and any collection costs incurred by CC Motorhomes, including
reasonable legal fees. When the Customer comprises of more than
one person, each person is liable jointly and severally for all
obligations of the customer pursuant to this Agreement.
--------------------------------------------------------------------------------
6.)
Credit Card Payment
- CC Motorhomes will accept payment by credit cards approved
by CC Motorhomes subject to a 3% additional charge.
- When payment is paid by credit card, I agree that;
- CC Motorhomes is irrevocably authorized to complete any documentation
and to take any other action to recover from my credit card
issuer all amounts due by me pursuant to this Agreement, including
but not limited to, any amounts due in respect to damage to
the Vehicle or to property of a third party and all other additional
charges as they are incurred (including all parking and traffic
infringement penalties, road toll fines, London congestion charges,
and associated administration costs);
- I will not dispute my liability to CC Motorhomes for any amount
due under this agreement and I shall indemnify and keep indemnified
CC Motorhomes against any loss incurred (including legal costs)
by reason of notifying my credit card issuer of such dispute.
- CC Motorhomes may process the credit card voucher; in the
event that CC Motorhomes 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, I agree that CC Motorhomes
is entitled to recover payment from my credit card issuer pursuant
to paragraph (1) in respect of any amounts due which were not
known at the time of canceling the open security payment.
- I acknowledge that 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
against my credit card and the amount refunded within 7 days
after the expiration of the rental period. I release CC Motorhomes
from any liability for such variation.
--------------------------------------------------------------------------------
7.)
My Warranties
I warrant that all information supplied by me to CC Motorhomes
in connection with this agreement is true.
--------------------------------------------------------------------------------
8.)
Vehicle Damage - Insurance Cover
I am aware that;
- The Vehicle is insured for damage to the Vehicle and the property
of a third party;
- I will have to pay an excess for any damage. The insurance
excess is £1000.00.
- I will not have any insurance cover and I will be responsible
for the total cost of any damage if I breach any of the terms
of this Agreement.
--------------------------------------------------------------------------------
9.)
Security Deposit
- On taking delivery of the Vehicle, I agree to pay the Security
Deposit of £1000 by cash or card.
- I irrevocably authorize CC Motorhomes to deduct from the
Security Deposit any amounts due by me to CC motorhomes out
of this Agreement.
- The security deposit will be refunded within 7-10 working
days of the vehicle being returned to the correct location,
undamaged, with a clean interior with a full fuel tank, there
is a refuelling service charge of £25. We reserve the right
to retain a £75.00 soiling fee if the motorhome is not returned
with the interior in a clean condition. Also the toilet and
waste water tank must be emptied prior to the return of the
vehicle or an additional £60.00 soiling fee will be retained.
if upon return of the vehicle the Fridge/Freezer or Cooker is
deemed unclean -
( Cleaning Charge for Fridge / Freezer or Cooker £30.00 Each.
)
--------------------------------------------------------------------------------
10.)
Road Restrictions
- All Vehicles may only be driven on sealed / bitumen roads.
- I acknowledge that CC Motorhomes reserves the right at any
time, at its sole discretion, to restrict vehicle movements
in certain areas due to adverse road or weather conditions or
any other reasonable cause.
--------------------------------------------------------------------------------
11.)
Use of the Vehicle
I agree that during the rental period, I will not and will not
allow the Vehicle to be;
- Driven otherwise than in a cautious, prudent and normal manner.
- Used in a manner which could cause damage.
- Driven in a prohibited area or in an area other than the
areas indicated by me to CC Motorhomes.
- Driven by a person under the influence of alcohol or drugs
or with a blood alcohol level in excess of that permitted by
law.
- Left with the ignition key in the vehicle while it is unoccupied.
- Left unoccupied and unlocked.
- Driven by persons:
- Under the age of 25 years; or
- Who is not authorized by law to drive the Vehicle. Particulars
of a proposed licensed driver of the Vehicle are set out under
the heading 'Driver Details' in the Motor Rental Agreement.
- Submersion in water.
- Contact with Salt Water.
- Used for any illegal purpose for any race, rally or contest.
- Used to tow any vehicle or trailer.
- Used to carry passengers or property for hire or reward.
- Used to carry more persons than is permitted by any relevant
authority or detailed in the Vehicle manual or on the Vehicle
or specified in this agreement.
- Used to carry volatile liquids, gases, explosives or other
corrosive or inflammable material.
- Otherwise used in breach of my obligations under this Agreement.
--------------------------------------------------------------------------------
12.)
Alterations to the Vehicle
I shall not make any alterations or additions to the Vehicle
without the prior written consent of CC Motorhomes.
--------------------------------------------------------------------------------
13.)
Pets & smoking
I will not allow smoking of any kind in the vehicle. If I wish
to travel with pets I will only allow pets into a dedicate pet
vehicle (which needs to be specified at the time of booking) and
is subject to an additional £80.00 valeting charge.
--------------------------------------------------------------------------------
14.)
Passengers
CC Motorhomes authorizes the use of these vehicles up to the
stated number of passengers. Each person to use the safety restraints
provided at all times whilst vehicle is in motion.
--------------------------------------------------------------------------------
15.)
Maintenance
- I shall take all reasonable steps to properly maintain the
Vehicle, including oil checks, water and batteries.
- I acknowledge that CC Motorhomes will reimburse me for expenditure
up to UK£40.00 reasonably incurred in rectifying any mechanical
failure to the drive train and engine of the Vehicle ( not including
the water system, refrigerator, heating, audio and DVD equipment
) Provided That:
- I produce relevant receipts:; and
- I have received the prior consent of CC Motorhomes;
- The damage is not due to my fault or my breach of this Agreement.
- Subject to the terms of this agreement, I will pay for the
cost of repairing or replacing tyres damaged during the Rental
Period (not including punctures) PROVIDED THAT CC Motorhomes
will reimburse me for expenditure reasonably incurred if;
- I produce relevant receipts;
- The tyre is defective and is returned by me to CC Motorhomes
for inspection; and
- The manufacturer accepts liability under his warranty.
I will be liable for any costs associated with the incorrect
use of fuel ( fuel being diesel or petrol).
--------------------------------------------------------------------------------
16.)
Responsibility when accident occurs
- In the event of any accident, loss or damage arising out of
the use of the vehicle, I will
- Notify CC Motorhomes within 24hrs of the happening of the
event.
- Obtain the names and addresses of third parties and any witnesses
and report the event to the nearest police station;
- Complete a European accident report form as supplied;
- Not make any admission of liability to other parties, settlement
offer or other like offer;
- Assist CC Motorhomes in handling any claim arising from any
event, including providing all relevant information and attending
Court to give evidence.
- I acknowledge that the excess or other amount due by me 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
completion of the rental period.
- I will pay for any costs relating to the delivery of a change
over vehicle as a result of an accident regardless of which
party is at fault.
--------------------------------------------------------------------------------
17.)
Terminating the Agreement
I acknowledge that CC Motorhomes may terminate this Agreement
and repossess the Vehicle at any time, without notification to
me, and that I will pay the reasonable costs of repossessing the
Vehicle, including towing charges if;
- I am in breach of any term of this Agreement;
- I have obtained the Vehicle through fraud or misrepresentation;
- The Vehicle appears to be abandoned;
- The Vehicle is not returned on the agreed return date or
CC Motorhomes reasonably believes that the Vehicle will not
be returned on the agreed return date;
- CC Motorhomes considers on reasonable grounds, that the safety
of passengers or the condition of the Vehicle is endangered.
I understand that in the event of such termination or repossession,
I have no right to a refund of any part of the rental charges
or the Security Deposit.
--------------------------------------------------------------------------------
18.)
Change of Vehicle
CC Motorhomes reserves the right, at its absolute discretion,
to substitute a comparable or superior Vehicle for the Vehicle.
In that event, I shall not be liable for any increased rental
or other charges save for any addition running costs pertaining
to the substitute vehicle. Such substitution shall not entitle
me to any refund and does not constitute a breach of this Agreement.
--------------------------------------------------------------------------------
19.)
Release and Indemnity of CC Motorhomes
- Subject to its obligation to deliver the Vehicle or an appropriate
substitute vehicle, I release CC Motorhomes, its employees and
agents, from any liability to me (regardless of who is at fault)
for any loss or damage incurred by me by reason of this Agreement,
including but not limited to:
- Any loss or damage caused by breakdown, mechanical defect,
accident or the Vehicle being unsuitable for my purpose;
- Any loss or damage to any property left in or on the Vehicle,
in any service vehicle or on any CC Motorhomes premises or recovered
or handled by CC Motorhomes.
- Subject to any insurance arrangements agreed with CC Motorhomes,
I hereby indemnify and shall keep indemnified CC Motorhomes,
its employees and agents against any claims, demands and expenses
(including legal costs) incurred or sustained by them or any
of them by reason of my use and/or possession of the Vehicle.
--------------------------------------------------------------------------------
20.)
Title to Vehicle
I acknowledge that CC Motorhomes retains title to the Vehicle
and that I possess the goods as a mere bailee only. I do not have
any right to pledge CC Motorhomes credit in connection with the
Vehicle and agree not to do so. I shall not agree, attempt, offer
or purport to sell, assign, sublet, 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.
--------------------------------------------------------------------------------
21.)
Changes
Any changes to this agreement must be in writing and must be
signed on behalf of CC Motorhomes and by me.
--------------------------------------------------------------------------------
22.)
Proper Law
This agreement shall be governed by the law of Great Britain
in which this agreement was signed.
--------------------------------------------------------------------------------
23.)
Entire Agreement
This agreement, constitutes 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 this agreement.
CC Motorhomes reserves the right to add or amend any rental charges
without prior notice.
CC Motorhomes Ltd reserve the right to adjust hire rates at any
time. Quotes will be valid for two weeks unless a holding deposit
is paid. The price will then be fixed at the agreed rate as detailed
on your confirmation of booking and invoice.
|