TERMS AND CONDITIONS
CONON VALLEY Motorhomes Version Dated 13h April 2019-2020 Please read the following terms and conditions carefully as they form the basis of your contract with us. This is a legal document and you will sign to acknowledge that you have read and agree to comply with these terms and conditions when you collect your vehicle. We have tried to make these as clear as possible but please ask if you are unclear on any of the points and prior to committing to your booking.
Hire Vehicle: Peugeot Elddis Evolution 155 Reg. No: N500 CVM
Hirer Name: ……………………………………………………….
Home Tel:………………………………………………….. Mobile:…………………………………
Dates and Times of Hire:
Date: Time Out:
Date: Time In:
This Agreement will constitute the entire agreement between the Owner/Registered Keeper of the vehicle and the Hirer of the motorhome and all information recorded on this document and annex/supplementary agreements attached to this document titled ‘Notification of a Hired Vehicle’ and “MANDATE: AUTHORISATION TO DEDUCT THE SUM OF £750 (or £1000.00 for older Driver’s as per insurance requirement). AS SECURITY DEPOSIT FROM HIRERS CREDIT CARD ACCOUNT”, will all form part of this Terms and Conditions of Motorhome Hire Agreement. This Agreement will take effect on the first date of hire when the Hirer takes full possession and control of the vehicle.
Terms & Conditions
Our standard terms and conditions apply to all motorhomes rented from Conon Valley Motorhomes (CVM) and will take effect on the first day of hire when the Hirer takes full possession and control of the vehicle. This ‘Agreement’ means the ‘Rental Agreement’, the ‘Terms and Conditions of Hire’, the ‘Motor Rental Agreement’ or referred to herein as the ‘Terms and Conditions of Motorhome Hire’, all as defined by UK Law applicable to a hired motor vehicle.
The following is a list of definitions used throughout the document:
Hirer: The individual person who signs the contract to hire the motorhome
Driver: The person who drives the motorhome
Passenger: Other travelling companions that are not the Driver or Hirer
Motorhome: The vehicle on hire from Conon Valley Motorhomes
Excess: An amount of money that you have to pay towards cost of repairs due to an accident or damage to the motorhome
Insurer: The company providing Conon Valley Motorhomes with the Insurance for the motorhome
Rental Period/Hire Period/Period of Hire/Hire: All mean the time and date that you the Hirer take possession of the vehicle and its return on the specified date and time to Conon Valley Motorhomes
Standard Equipment: Equipment that comes with the motorhome that does not include an additional charge e.g. crockery etc
Vehicle: The Motorhome being hired and all standard and nonstandard equipment being hired
Booking Deposit: The deposit held by Conon Valley Motorhome to secure holiday date and motorhome hire at the start of booking process. This is deducted from total rental value.
Security Deposit: The deposit held by Conon Valley Motorhomes as security, paid prior to the start of date of hire to protect CVM from any inconvenience or costs associated with the rental.
Normal ‘used’ condition: It is expected that the cleaning of the vehicle will take 2 hours upon return (i.e. 1 hour outside and 1 hour inside).
- YOUR CONTRACT WITH US
The Hire Contract is between the hirer (hereafter ‘you’ or ‘your’) and Conon Valley Motorhomes (hereafter ‘us’ or ‘we’ or ‘CVM’). Please read this agreement carefully. If there is anything you do not understand please contact us for clarification.
- BOOKING CONFIRMATION, CHARGES AND PAYMENT
You must pay the standard booking deposit of £250 to confirm the booking. This booking deposit will be deducted from the final rental balance to be paid eight weeks prior to departure. By paying this deposit you are accepting these terms and conditions and a binding contract for the hire will come into existence. A booking confirmation will be sent to you reflecting the rental period and the rental charge.
Failure to make full payment on the date due may result in your booking being cancelled. In this event your initial deposit will be non-refundable. In entering this agreement you accept (a) to pay all charges due in accordance with the terms and conditions of hire and (b) that we are entitled to charge any credit or debit card used by you during the hire transaction for payment of any such outstanding charges. CVM reserves the right to cancel a rental agreement at any time due to unforeseen circumstances, in this instance the hirer will be refunded their full booking deposit and any other monies paid to CVM.
Short Notice Bookings: As these trips are short notice, both Security Deposit and Hire Fee are payable at the same time.
- SECURITY DEPOSIT
I acknowledge that Conon Valley Motorhomes will deduct the sum of £750.00 (equivalent to the insurance excess) (or for older Driver’s £1000.00) to be held as a Security Deposit from my credit card/debit card account for either the full hire period or in the event of an accident, until the vehicle is repaired to a condition that is satisfactory to the owner of Conon Valley Motorhomes without any time limits being imposed. CVM does not allow its motorhome to be used in connection with large or small events / music festivals etc. If you are attending a cultural festival (e.g. Highland Games) it is expected that the motorhome is not parked within the vicinity of crowds to reduce the additional risk to the vehicle. Please contact us directly if you have any questions or concerns.
- PAYMENT OF CHARGES JOINT AND SEVERAL LIABILITY
All charges, penalties, expenses or associated costs payable by me (the hirer) are due on demand by CVM. If I do not pay all charges, including the balance due when requested, I will agree to pay a surcharge of 3% per month on the outstanding balance and any collection costs incurred by CVM, including reasonable legal fees.
- CREDIT CARD PAYMENT AND DEBIT PAYMENT
(1) CVM will accept payment by credit or debit approved by CVM. (2) When payment is paid by credit card, I agree that; (a) CVM is irrevocably authorised 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, and associated administration costs); (b) I will not dispute my liability to CVM for any amount due under this agreement and I shall indemnify and keep CVM indemnified against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute. (c) 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/bank account and the amount refunded within 7 working days after the expiration of the rental period. I release CVM from any liability for such variation.
- CANCELLATION CHARGES AND TRAVEL INSURANCE
Travel Insurance: When purchasing travel insurance, please ensure that the policy provides protection for the driver and all passengers travelling within the hired vehicle. Additionally, travel insurance will protect you against any unavoidable cancellation. All cancellations must be notified in writing (email or written letter) to us, but please call immediately to inform us as this will increase the likelihood of rehiring the motorhome. Cancellation charges will always be applicable regardless of circumstances. The following charges and penalties will be applied when a motorhome booking is cancelled by the Hirer:
- Up to 10 weeks before hire date, the booking deposit will be returned in full.
- Between 10-5 weeks before the hire date, loss of 50% of the total hire cost
- Between 5 weeks and the start of hire date, loss of the full amount of hire cost.
- HIRERS AND DRIVERS OF VEHICLE
(A): All drivers must have held a full UK/EU driving licence for at least 2 years in respect of a motor vehicle. Where “Automatic Entitlement Only” is shown or applied to a driving licence, then that will exclude that driver to drive a hired vehicle unless it has automatic transmission.
(B): Drivers Ages: (i) Age limits are 21 to 79 years. We are not able to place insurance for our vehicles for drivers out with this age group (ii) Details of all driving licences (both parts for all UK Licences) are required and must be viewed and recorded by the owner (or representative) prior to start of hire. (iii) Drivers, when driving during any contravention of a moving traffic offence, you are personally liable for all and any legal penalties imposed by the driving behaviour (e.g. parking tickets, speeding or traffic light fines or any other contravention of any law in the Country being travelled) and are incurred during the period of hire. Any penalty or follow up enquiry or enforcement procedure applied to that contravention, will be the responsibility of the driver or hirer (whoever is applicable under the offence contravened or by the terms of this agreement) of the vehicle incurring any such penalty.
(C): The following persons are excluded from Driving the vehicle: Any person involved in the following occupations will be excluded from driving the vehicle: Actor/Actress, travelling show-persons, Artist, On-Course Bookmaker and their employees, persons of no fixed abode, Casino Industry, Club Proprietor or their employees, Debt Collector. Entertainment and related industries, Gaming industry, Journalist (or press of any sort), Market/Street Trader, Model, Non UK Forces, Music Industry, Press or Fashion Photographers, Publican, Bar Staff or persons working on Licensed premises, Horse Racing Trainers or Jockeys, Students under 25 years of age, Professional Sportsmen or Sportswomen and Undergraduates and/or students under 25 years of age. If you are one of these please check with us as we can hold a dialogue with our insurance company to ascertain our position on possible hire cover.
(D): Physical Ability: Every driver must be in good physical health, has no physical or mental defect, impairment of sight, hearing, heart, any diabetic or epileptic condition or other complaint unless they have notified the DVLA and a licence has been issued, and the conditions or restrictions to that licence are fully adhered to.
(E): Miscellaneous: The Hirer or and driver must have resided in the UK or EIRE for more than 2 years, unless the hirer or driver is a temporary visitor to the UK for social domestic and pleasure purposes (contact hirer for information regarding International licence). The hirer and any driver must never have had his or her vehicle insurance declined or renewal refused or any special terms imposed or had his or her policy cancelled by any insurer.
(F): Additional drivers: Additional drivers are allowed but these must be known in advance and accepted by the insurance company terms and conditions of hire, and all conditions contained in this agreement will apply in full to all additional drivers. Also, those who will be driving the vehicle need to be present on collection of the vehicle.
(G): Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or more than 6 penalty points imposed. ‘Spent’ convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded.
(H): Foreign Service Personnel other than persons holding a full UK/EU licence for two years or more.
(I): Payment: The Hirer will pay the full amount of the charge for the hire period agreed together with any balance, prior to the start of hire.
(J): Persons who, whilst driving have been involved in more than one accident during the past 3 years.
(K): Hirers Responsibility: It is the responsibility of the hirer to notify the vehicle insurance company in the event of any event requiring them and subject to any conditions contained on the Certificate of Vehicle Insurance provided to all hirers.
(L) Driving Licence Categories: Drivers with Category B on their driving license are authorised to drive vehicles up to 3500kg with manual transmission (Maximum Authorised Mass) in vehicles with up to 8 passenger seats and a trailer not exceeding 750kg. Drivers with Category C1 are entitled to drive vehicles up to 7500Kg (MAM) and a trailer not exceeding 750kg, and drivers with Category C are entitled to drive vehicles exceeding 3500kg (not Heavy Goods Vehicles unless authorised) and a trailer not exceeding 750kg. It is the responsibility of the Hirer and every Driver to which this document pertains, not to drive this vehicle if they are not allowed to do so under UK Law, DVLA driver authorisations or entitlements to drive. Foreign drivers are authorised to drive vehicles in the UK under the entitlement (weight entitlement) of the Country in which they passed their driving test.
- PROOF OF IDENTITY
All Hirers are required to provide evidence of identification prior to the hire of the motorhome. We require two pieces of identification, we have shown examples of the three that we will accept as confirmation of identity. Failure to produce these documents, will result in the hire being refused and any deposits made may be returned if criminality is not suspected, otherwise the deposit and any monies paid will be retained in full and the Police will be informed.
Please choose two of the following and supply to Conon Valley Motorhomes
(A) Passport or Photo Driving License (with paper endorsement if applicable)
(B) Utility Bill showing the same name and address as previously supplied to CVM by the hirer (not more than 60 days old)
(C) Bank or Credit Card Statement (showing same name and address of the hirer, just the heading no bank finance required to be viewed).
Please note: that a DVLA licence check will need to be completed twice. The first time when you need to produce the document as part of your initial identification check and the second DVLA licence check must be done no more than 3 weeks prior to departure (insurance company requirement).
- VEHICLE DAMAGE
The vehicle is insured for damage to the vehicle, and the property of any third party. I understand that I will have to pay the hire vehicle insurance excess that is limited to GBP £750.00 for every individual event or claim, and subject to me complying with the terms and conditions of the vehicle Hire Insurance Company, otherwise I will be responsible for the full cost to repair any damage caused during my period of hire of the vehicle.
- RESPONSIBILITY OF HIRER
While driving the vehicle to which this document applies, I will (A) abide by all of the driving laws applicable to the Country that I am driving in, (B) Agree to all of the Terms and Conditions contained in this Terms and Conditions document, and confirm that I am fully authorised to drive this vehicle, subject to all of the conditions outlined at Condition number 26 herein. If any of the stated conditions do not apply or if I am not covered by the hire vehicle insurance policy, I will be fully liable for all and any responsibilities and liabilities to me, as driver of this hired vehicle. No person shall drive or be in control of this hired vehicle unless they are authorised by CVM and have read and signed this full Terms and Conditions document.
- ACCIDENT, LOSS, DAMAGE OR BREAKDOWN
In the event of any accident, loss or damage arising out of the use of the vehicle:
(1) Notify CVM and the hire insurance company of the circumstances of the event and as soon as reasonably practical (2). In the event of a road traffic accident or any reportable event or accident, obtain the names and addresses and registration numbers of any third parties and any witnesses and report the event to the nearest police station; or call 101 (3). Record and retain the unique reference number of a Crime Report (UK) and in any event record the police unique reference number of the incident; and if possible, take photographic evidence of all damaged vehicles and registration numbers. (4).Note: under no circumstances should you attempt to start or drive a vehicle that has been involved in an accident, roll over or submersion without our written permission. (5). I will not make any admission of liability to other parties, settlement offer or other like offer; (6). Assist CVM and the hire insurance company in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence; (7). I will pay for any costs relating to the delivery of a change over vehicle (if available) as a result of an accident regardless of which party is at fault. (8). In the event of a breakdown you should seek the help of the breakdown services and contact CVM. Details are held within the vehicle. Any call out charges necessitated by the client through operator error e.g. a flat battery, wrong or insufficient fuel, keys locked or in vehicle or lost etc., will be the responsibility of the hirer.
- DELIVERY AND RETURN OF VEHICLE
I acknowledge having received the Vehicle in a clean condition and in sound and safe working order and with a specified tank of fuel. Any existing damage to the vehicle will be recorded on the vehicle check document and will be signed by both the owner and Hirer and will constitute a full agreement of any damage to the vehicle prior to the period of hire to which this document applies. The vehicle will be returned with the fuel that was recorded at the start time of hire or penalty charges (outlined in this document) will apply and I will return the vehicle in a clean condition, on the return date and time recorded otherwise I will be subject to any penalties (contained in this agreement document). Please note: please allow up to 1hr for a handover procedure and 30 minutes upon return.
- DAMAGE TO HIRE VEHICLE
Any damage to the interior or exterior of the vehicle, regardless of blame, is the responsibility of the Hirer as well as any loss of any items supplied with the vehicle during its period of hire Examples of damage include: placing water and fuel in the wrong compartments, windscreen damage, damage through reversing manoeuvre; impact caused by tail swing of the vehicle, cost of replacing keys and recover a vehicle that has become bogged etc. It is the responsibility of the Hirer to report any damage to Conon Valley Motorhomes, failure to inform Conon Valley Motorhomes will render the Hirer liable for the full repair costs of all damage caused during the hire period (CVM will liaise with their Insurance representative). Every separate event causing damage or loss of items from the vehicle will be treated on an individual basis (completely separate events).
- USE OF VEHICLE
I agree that during the rental period, I will not and will not allow the vehicle to be (a) driven otherwise than in a cautious, prudent and normal manner; (b) used in a manner which could cause damage; (c) driven in a prohibited area or in an area other than the areas indicated by CVM; (d) driven by me or any person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by the law of any country that the vehicle is being driven in/through; (e) Left with the ignition key in the vehicle while it is unoccupied; (f) Steering wheel security lock invoked (if applicable) or any Satellite Navigation equipment out of general view and the DVD screen covered; (g) Driven by persons: (i) Under the age of 25 years; or (ii) Any person who is not authorised by law to drive the Vehicle. Particulars of all/any proposed licensed driver of the vehicle are set out under the heading ‘Driver Details’ in this document and supplementary document, any immersion in water or salt water, or used for any illegal purpose, for any race, rally or contest; (j) used to tow any vehicle or trailer; (k) used to carry passengers or property for hire or reward Unless specified and authorised; (l) used to carry more persons than is permitted by any relevant authority or hire insurance company authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement; (m) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; (n) Reversed or manoeuvred without external guidance; (O) otherwise used in breach of my obligations under this Agreement. In addition, I will not allow any person to drive or be in control of this hired vehicle unless they are authorised drivers who have signed and agreed to the terms of this Terms and Conditions agreement.
- TYRE DAMAGE
Any damage to any tyres fitted to the vehicle during its period of hire will be the full responsibility of the hirer and will be repaired to a legal and safe condition or replaced at the hirer’s expense. In the event that a replacement tyre is required it must be the same make and model as the remaining tyres fitted to the vehicle. In the event that an exact match is not available then the replacement must be approved by CVM before fitting.
- ALTERATIONS TO VEHICLE
I shall not make any alterations or additions to the vehicle without the prior written consent of the Owner.
- VEHICLE MAINTENANCE (HIRER) (a) I shall take all reasonable steps to properly maintain the vehicle, including regular oil and water checks. I will refrain from driving if a dashboard warning signal/sign is displayed there, until such time as I have had this fault diagnosed and rectified and am allowed to drive the vehicle either by an authorised representative of the motorhome breakdown service provider, an authorised representative of the hire vehicle specific garage (e.g. Peugeot commercial vehicles must be inspected in an authorised Peugeot garage) or with the express permission of a representative of CVM either written or verbally.. (b) I acknowledge that CVM will reimburse me for expenditure 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) I will produce any relevant receipts; (ii) I have received the prior written or verbal consent of CVM; (iii) The damage is not due to my fault or my breach of this agreement. (c) I will be liable for any costs associated with the incorrect use of fuel.
- HIRER’S PERSONAL VEHICLE
The hirer accepts that cars parked at Conon Valley Motorhomes base address for the duration of the hire period are parked entirely at the hirer’s risk and neither Conon Valley Motorhomes will be liable for any damage or theft.
That ‘I’ as the hirer or nominated driver or Hirer, I am fully responsible for this hired vehicle, for all damage caused to it (regardless of any third party claims or blame), for all contraventions of the Laws of the Countries that I am in/touring/visiting/driving in or through and that I will be responsible for all penalties applied by any UK or any Foreign Authority that applies to the vehicle that I am responsible for during the period of my hire period with CVM, and that I absolve the Owner of this vehicle of all and any responsibility for any such penalty/fine/charge/conviction, during the period of my hire of their recorded vehicle during my period of hire of the vehicle.
- ROAD RESTRICTIONS
(a) I acknowledge that CVM acting on our behalf, reserves the right at any time, and at their sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause (b) Parking other than on officially recognised campsites is permitted providing you adhere to the Road Traffic Act Scotland and the Countryside code.
- MY WARRANTIES
I warrant that all information supplied by me to CVM in connection with this agreement is true, including all information requested of all drivers of the hired vehicle.
Any changes to this agreement must be in writing and must be signed on behalf of CVM and by me.
I will be liable for the following penalties due to the hiring of the vehicle recorded herein, when applicable to my period of hire of the vehicle:
(a) Cleaning Fee (up to £175.00) will apply if the vehicle is not returned with the interior/exterior in a “normal used condition” (Note: ‘normal used condition’ is defined as ‘any condition that will normally require only two hours cleaning for both the interior and exterior of the vehicle’). For every hour, and part of an hour required for any additional cleaning time required to bring the vehicle up to the condition that it was hired out, then a charge of £35.00 per hour will be chargeable to the hirer (to a maximum of 5 hours). Invoices will not apply to this penalty.
(b) Toilets: A penalty of £75.00 will be charged if the toilet and waste water tank are not emptied prior to the return of the vehicle.
(c) Smokers: It is illegal to smoke or allow smoking in a hired vehicle in the UK (even with the windows open) AND FAILURE TO COMPLY WILL LEAVE YOU LIABLE TO PROSECUTION AND A FINE OF UP TO £1000.
Any evidence of any smoking within the interior of the vehicle on its return to base (including owners sense of smell – regardless of physical evidence), will attract a penalty of £250.00.
(d) Pets are not allowed: In order that we may offer our motorhomes allergen free, we are NOT able to provide a motorhome that pets can occupy. Hirers who allow pets into the motorhome will be charged a cleaning Fee of £1000.00
(e) Late return of vehicle: There will be a penalty of £40.00 per hour or part of an hour, for every hour that the vehicle is returned after the agreed return time. If you will be returning late, you must advise us immediately. Failure to advise may result in prosecution for driving whilst uninsured. Note: please leave enough time to return as traffic congestion can occur during peak times and high season. Except as otherwise expressly provided in these terms and conditions late pickup or early return of the vehicle does not entitle you to any refunds.
(f) Vehicles returned without a full tank of fuel will be charged the refueling cost plus a filling up charge of £30.00
(g) Damage will be charged at retail cost of any parts required plus labour at £40.00 per hour.
(h) Repairs carried out by external specialist contractors will be charged at cost plus 15% handling fee.
(I) Any travelling costs associated with any repairs will be charged at 80p per mile plus any incurred expenses.
Definition of a Pick- up and Return Times:
(j) Penalties for late return of vehicle: A charge of £40 will apply to every hour and part of an hour that is past the agreed time on the last day of hire. Pick up must be within 1 hour of the agreed pick-up time. In the event of flight/train delays you must notify CVM immediately.
I/we authorise the use of the hired vehicle(s) up to the stated number of passengers approved for that vehicle. Each and every person is to use the safety restraints provided at all times whilst the vehicle is in motion subject to the Laws of the Country being travelled in. All children will be harnessed in approved (UK or applicable EEC) vehicle restraints. All passengers must always comply with any driver’s instructions.
- CHILD SAFETY SEATS
Child Seats /booster seats will only be supplied on request of the Hirers and in the understanding that they are responsible for ensuring they are happy with the suitability and will fit to the vehicle to their own satisfaction. The device is subject to UK Law, and the hirer will make themselves aware of any applicable age/weight limit/height limitations applied to such safety devices for the type of vehicle being used.
- TITLE TO VEHICLE
I acknowledge that the owner retains title to the vehicle recorded in this Agreement and that I possess the goods as a mere Bailee only. I do not have any right to pledge the owner 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 the vehicle.
- RETURN OF SECURITY DEPOSIT
The security deposit will be returned to you within a week after the end of the hire period provided the motorhome is returned to us in a satisfactory condition and at the location and date and time agreed. Satisfactory condition includes clean, undamaged, with all tools, accessories and equipment in the same condition as when collected and having being operated in a reasonable manner. All Security Deposits will be returned by the method in which they were paid within one week. All charges incurred for any International transfer of funds will be met by the Hirer.
(A) Change of Vehicle:
CVM reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the Hired Vehicle, or no vehicle at all. In any event, CVM shall not be liable for any increased rental or other charges pertaining to the substitute vehicle. Such substitution shall not entitle the hirer to any refund and does not constitute any breach of this agreement.
(B) Loss of Vehicle prior to Hire Period:
I acknowledge that CVM will refund to me all monies and will have no obligation to provide a replacement vehicle if any vehicle is not returned to them prior to the start date of my period of hire for that vehicle, or CVM cease to have the use of any vehicle prior to the last hire return date for any reason whatsoever e.g. accident, damage, weather, theft or any unforeseen event or circumstance. CVM will have no obligation whatsoever with regard to campsites booked, events booked, travel booked, ferries or any other.
- EVENTS BEYOND OUR CONTROL
Unfortunately, events beyond our control (i.e. events which we could not, even with due care, foresee or avoid) could possibly affect motorhome availability. We cannot accept responsibility or pay compensation, costs or expenses where the performance of your contract with us is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond our control. However, if you are unable to commence your rental as a result of such events, we will offer you the choice of an alternative motorhome or, if no suitable replacement is available, provide a full refund of all monies received for your booking, without further liability.
- TERMINATION OF AGREEMENT I acknowledge that CVM 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 (a), I am in breach (in any way) of any terms of this agreement; (b) I have obtained the vehicle through fraud, misrepresentation or any criminal act; (c) The vehicle appears to be abandoned; (d) The vehicle is not returned on the agreed return date or CVM reasonably believes that the vehicle will not be returned on the agreed return date; (e) CVM 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; (f) the vehicle is in an area/country not agreed with the owner of the vehicle, or there is any indication whatsoever that it may be stolen or miss-appropriated. Under these circumstances the owner will report the vehicle as stolen and instruct all measures to be taken for the return of the vehicle. (g) CVM may refuse to hire you the vehicle for any reason whatsoever at our sole discretion.
- RELEASE AND INDEMNITY OF CVM
(a) Subject to its obligation to deliver the vehicle or an appropriate substitute vehicle if available, I release CVM and 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: (1). Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose; (2). Any loss or damage to any property left in or on the vehicle, in any service vehicle or on or near the Owners premises or storage area, or recovered or handled by CVM. (b) Subject to any insurance arrangements agreed with CVM, I hereby indemnify and shall keep indemnified CVM, 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
- GOVERNING LAW
(A) Proper Law:
This agreement shall be governed by all of the laws of Scotland, England, Wales and Ireland (North and South) or any UK Laws in which jurisdiction this agreement was signed.
(B) 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. CVM reserves the right to add or amend any changes to this Agreement without prior notice. This signed Agreement, together with the documents titled ‘Notification of a Hired Vehicle’ will form the full contract of hire agreement between the Owner or Registered Keeper of the vehicle, or CVM, recorded herein and the Hirer, and this document will remain in the possession of the Owner for the entire duration of the Hire Period.
(C) Clause compliance:
At the time of writing, Conon Valley Motorhomes believes that all the clauses contained in this agreement are fully compliant with Scottish Law. However, should any single clause be found not to comply with any laws or regulations then the remaining clauses will still be enforceable.
By signing below and “Notification of a Hired Vehicle”, I confirm that I have read and fully agree with the terms and conditions, penalties, responsibilities and stipulations recorded there
Signed (Hirer): ……………………………………. Date: ……………………………………
Signed (Hirer): ……………………………………. Date: ……………………………………
Name of Hirer: …………………………………………………………………………………….
Home Telephone Number (Inc. International dialling code from UK):
Mobile Telephone Number:
All Drivers: By signing this agreement, I confirm that I have read and fully agree with all of the Terms and Conditions contained in this agreement; including to be bound by the terms and conditions of the insurance which I have seen and read or have had the opportunity to see and read.
I/We hereby acknowledge that I/we have received basic instruction in the safe operation of the motorhome.
I/We hereby acknowledge identifying any markings/damage upon the vehicle prior to it leaving the premises and comparing these upon return.
Driver 1: (signature)…………………………………………………. Date: …………………..
Driver 2: (signature)…………………………………………………. Date: …………………..