For the purposes of these terms and conditions the following definitions shall have effect:
'We' Dawsonrentals Campervans (a trading division of Dawsonrentals Display Refrigeration Limited)
'You' the person named in the Hire Contract as the Hirer
'Vehicle' the vehicle described in the Hire Contract or any replacement vehicle together with all extras, accessories, utensils and ancillary items, including those provided as an optional extra and specified in the Hire Contract
'Hire Contract' the Hire Contract which you will sign which shall set out the details of the Vehicle being hired and all of the relevant charges which shall incorporate these terms and conditions of hire
'Hire Period' the agreed period of hire stated in the Hire Contract
'Permitted Driver' the person(s) named in the Hire Contract as the Permitted Driver
'Booking Charge' the amount you will be required to pay in order to secure your booking
'Security Deposit' the sum which we will hold against any damage which might be caused to the Vehicle
'Operations Manual' the booklet supplied with the Vehicle which will detail key operating instructions
'the Agreement' these terms and conditions of hire together with the content stated in the Hire Contract
You shall not sublet, lend, sell, assign, or otherwise encumber or part with the possession or in any manner deal with, dispose of, hold yourself out as the owner of the Vehicle (or any part). As a temporary hirer you shall have no interest in the Vehicle or any of its parts. You shall keep the Vehicle free from legal process or lien.
a) You must collect the Vehicle on the date specified between the hours of 0800 and 1800 from our site at UNITS 15 & 16, PUCKLECHURCH TRADING ESTATE, PUCKLECHURCH, BRISTOL BS16 9QH. If you fail to collect the Vehicle on the agreed date you shall forfeit your Booking Charge which we shall be entitled to retain in full. We recommend that you allow at least 30 minutes for the completion of necessary documentation, instruction and checks. Liability and risk for the Vehicle passes to you upon collection.
b) In order to collect and hire the Vehicle you, and any proposed Permitted Driver, must bring two forms of identification each. One must be a full driving licence (both parts if applicable) and the other a recent utility bill or bank statement. Failure to provide the correct documentation may result in you being unable to hire and/or drive the Vehicle. You will not be entitled to a refund of the Booking Charge should you fail to bring the required documentation.
c) You warrant that all forms of identification used during and before the hire are genuine, valid and accurate.
d) You may leave your own vehicle at our premises for the duration of the Hire Period. If you choose to leave your vehicle at our premises, you do so ENTIRELY AT YOUR OWN RISK. We shall not be liable for any damage or loss caused whilst your vehicle is on our premises.
e) You shall be required to inspect the Vehicle at collection to ensure that the specification and condition of the Vehicle is acceptable and agreed before taking the Vehicle. You shall be asked to sign a ‘check out’ sheet which shall serve as your acknowledgement and acceptance that the Vehicle is in a good and satisfactory condition.
4. THE HIRE PERIOD
The Hire Period is stated in the Hire Contract. You must not overrun the Hire Period. The Vehicle should be returned to us on the last day of the Hire Period.
5. CHARGES AND PAYMENT
a) In order to secure your booking, you will pay us a booking charge of £150 ('the Booking Charge') in advance by either bank transfer or PayPal. This Booking Charge will then be deducted from the agreed hire charge stated in the Hire Contract when you collect and pay for the Vehicle. Should you cancel your booking, for any reason, you shall forfeit your Booking Charge which we shall be entitled to retain in full.
b) On the day of collection, you must pay the full hire charge (less the Booking Charge) by credit or debit card. You will not be able to hire the Vehicle until the rental charge has been paid.
c) You shall also be required pay the Security Deposit of £500. You acknowledge that the Security Deposit is paid to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to, or of the whole of, the Vehicle. The Security Deposit will be held by us and returned in accordance with clause 11f) of these terms and conditions.
d) By signing the Hire Contract, you grant us irrevocable authority and permission to deduct all charges from your credit or debit card within 7 days of notification of sums owed. If we are not holding your card information then you agree to pay all charges upon presentation of an invoice. e) We shall be entitled to charge you interest of 4% per annum on any overdue sums.
6. USE OF THE VEHICLE
a) You shall not drive or permit the Vehicle to be driven or used:
i) for the carriage of passengers for hire or reward;
ii) for any illegal purpose or in contravention of any legislation affecting the Vehicle, its use or construction;
iii) to propel or tow any other vehicle or trailers;
iv) to smuggle goods of any description;
v) by any driver who is not a Permitted Driver.
vi) to take part in any race, rally, test or other contest;
vii) to undertake driving training activity;
viii) drive on unsurfaced roads, off road or on any roads unsuitable for the Vehicle unless directed to do so by event/site marshals and stewards;
ix) to carry more passengers than the seatbelt capacity of the Vehicle;
x) in any manner which may void the insurance policy;
xi) in any manner which may cause damage by submersion in water or contact with salt water;
xii) if the driver is under the influence of alcohol, drugs, any other substance, or taking medication that prohibits them from driving the Vehicle;
xiv) in any manner or place not described on the front sheet; and xv) in any other manner that we see as unfit or unreasonable.
b) You warrant that the information regarding your use of the Vehicle and your specified destination(s) given on the insurance declaration is accurate and true. Any changes shall be notified to us immediately and may incur additional charges.
c) You shall only use the Vehicle for purposes which are considered suitable by us and you will comply with all legal and other obligations relating to the Vehicle's use. You shall exercise all reasonable care and skill in and about the use of the Vehicle.
d) You and/or any other person shall not remove or deface any plates or other markings or identity signs placed upon the Vehicle by us.
e) You must use the correct fuel as stated on the fuel cap. You are responsible for damage and expense incurred as a result of using incorrect fuel.
f) The carrying of pets and animals in the Vehicle is strictly prohibited. Should we become aware that a pet or animal has been allowed in the Vehicle you shall be liable for any additional costs or expenses incurred as a result of your breach.
g) Should any warning lights activate during your use of the Vehicle please consult the Operations Manual.
h) There is a strict no smoking policy in the Vehicle at all times during the Hire Period. Any infringement shall result in you being liable for any additional costs or expenses.
i) You are provided (as part of the hire) with one gas cylinder. It is stored in a fire proof box. You must not tamper with the storage of the gas cylinder save as to replace the gas cylinder. Any additional gas cylinders required are to be purchased by you.
j) YOU MUST ALWAYS LOCK THE VEHICLE AND KEEP THE KEYS SAFE. Should you lose the keys, you will be liable for the replacement cost and any other associated costs incurred. Should you lock yourself out of the Vehicle, you will be responsible for any and all costs incurred by us.
k) Should you abandon the Vehicle during the Hire Period, for whatever reason, you shall be liable for any costs of recovery and any other losses or costs incurred by us as a result.
l) We shall not be liable for any inappropriate use of the Vehicle or any use of the Vehicle in contravention of the Operations Manual or instructions provided by us. You represent, warrant, confirm and acknowledge that you have been provided with the Operations Manual and fully instructed in the safe and proper use of the Vehicle and all its functions.
7. INSURANCE AND EXCLUSIONS OF LIABILITY
a) The Vehicle shall be provided with fully comprehensive insurance. The policy carries an excess, stated on the front sheet, which, if necessary, you shall be liable for paying.
b) You shall not do or permit to be done anything which may or will invalidate the insurance policy or contribute to a reduction in any pay-out.
c) The Vehicle may only be driven by the Permitted Drivers. A driver will not be a Permitted Driver unless a Self Drive Hire Proposal form, that lists them as a driver, has been satisfactorily completed and accepted by us, and the documentation required under clause 3b) has been provided to us.
d) We act solely as the provider of the Vehicle. We do not represent, warrant or claim that we are a holiday provider. We shall not be liable for any costs, expenses, loss of enjoyment or other losses or damage you incur or suffer as a result any holiday you might take using the Vehicle, whether caused by the Vehicle or otherwise. We strongly recommend that you take out your own holiday and medical insurance.
e) We accept no responsibility whatsoever for any injury, legal liability, loss, delay, cost or consequential loss to you, any third party or to third party property caused by the delay, failure, breakdown, malfunction, use or other circumstance, whether similar or not of the Vehicle or any component part during the hire period. We accept no responsibility for any loss or damage howsoever caused to any goods or articles carried, deposited or left standing in or on the Vehicle.
f) We shall not be responsible for any insect infestations such as, but not limited to, ants, flies, cockroaches, fleas, bed bugs and mosquitos. No refunds will be provided for any infestations mention above or that could have happened during the Hire Period.
8. FINES, ACCIDENTS, BREAKDOWNS AND PROSECUTIONS
a) In the unlikely event of an accident or breakdown, you must comply with the required procedure set out in the Operations Manual.
b) Should the Vehicle suffer a breakdown which cannot be rectified in a reasonable time then we shall endeavour to provide a replacement (subject to a suitable alternative being available).
c) You shall immediately report any accident involving the Vehicle to us in accordance with the procedure set out in the Operations Manual, and also to the Police or other appropriate authority within the time prescribed by law. You shall supply such information, drawings and assistance in connection with the accident, loss or damage as we may require.
d) All charges and/or fines involving the Vehicle incurred during the period it is in your custody or control in relation to the following (such list being without limitation) shall be your responsibility and you shall indemnify us in respect of all such matters (including any additional costs for administration and/or late payment charges):
i) any parking, lighting, loading or unloading offence;
ii) any breach of the Vehicles (Excise) Act 1971;
iii) any excess charge incurred under the Road Traffic Regulation Act 1984;
iv) any charges made by the UK Border Agency (or any other Government department with responsibility for such matters) as a result of the seizure of the Vehicle together with any loss arising whilst the Vehicle is unavailable for rental by us;
v) any liability arising under any Congestion Charging Order;
vi) any breach of any Road Traffic Legislation or Regulations; &
vii) any liability arising under any other Act or Regulation amending, revising or replacing existing Legislation.
9. DAMAGE AND REPAIRS
a) You shall not be allowed to carry out repairs to the Vehicle or permit any other person so to do without our express prior consent. Any cost incurred for such repair without our consent shall be your responsibility.
b) Alterations, additions or modifications of any kind are not permitted to the Vehicle, the engine transmission or to the bodywork, or any extra equipment.
c) You shall be responsible for any damage caused to the Vehicle during the Hire Period. We shall be entitled to deduct the costs of repairing any damage to the Vehicle from your Security Deposit. If the cost of repairing any damage exceeds the Security Deposit, you shall be liable to make payment of the additional sums.
11. RETURN OF VEHICLE
a) You are required to return the Vehicle on the date specified in the Hire Contract before 14.00 hours. Failure to do so, for any reason whatsoever, will incur a £50 per hour penalty charge until the Vehicle is returned to our premises. PLEASE NOTE THAT WE WILL NOT CONSIDER THE VEHICLE AS RETURNED TO US UNTIL THE KEYS OF THE VEHICLE HAVE BEEN HANDED OVER TO OUR DULY AUTHORISED REPRESENTATIVE AND THE CHECK IN SHEET HAS BEEN SIGNED. The Vehicle shall remain at your risk until it has been returned.
b) You must return the Vehicle to us in as good a condition, cleanliness and working order (fair wear and tear only excepted) and with the same amount of fuel as when received from us at the start of the Hire Period. If the Vehicle is returned with less fuel we shall deduct a reasonable charge from your Security Deposit.
c) We shall inspect the Vehicle upon its return and you shall be asked to sign the check in sheet as acknowledgement of the condition of the Vehicle. You shall be liable for any damage, missing items, or any other necessary charges. Such liability will be deducted from the Security Deposit, any amount in excess of the Security Deposit will be payable by you on demand.
d) You undertake to remove all property from the Vehicle when it is returned. We shall not be liable for any property left in the Vehicle. We will endeavour to notify you of any property left in the Vehicle and give you a reasonable opportunity to collect the same, after which we shall at our discretion be entitled to dispose of the property.
e) You will not be entitled to any refund of hire charges or the Booking Charge should you return the Vehicle prior to the end of the agreed Hire Period. f) The Security Deposit is refundable on safe return of the Vehicle and if the Vehicle is in a condition commensurate with clause 11). The Security Deposit will normally be refunded within 5 working days of the end of the Hire Period. Should there be any damage or requirement for repair, replacement or special cleaning, the costs will be deducted from the Security Deposit before the balance (if any) is returned to you. In the event that there is a claim we reserve the right to retain the Security Deposit for such period as is necessary to quantify the charges incurred which are to be deducted from the deposit.
12. OTHER TERMS
a) Any delay or failure by us to exercise any right or remedy shall not constitute a waiver of it and any right or remedy may be enforced separately or concurrently with any other right or remedy now or in the future to the effect that any such rights are cumulative and exclusive of each other.
b) We shall be relieved of any of our obligations to the extent that performance is prevented, frustrated, impeded or delayed in consequence of any Act of God, consequence of war, insurrection, confiscation, requisition, destruction of or damage to the Vehicle by or under the order of any government or public or local authority, riots, civil commotion, strikes whether or not by our employees, lock outs or stoppage of or restraint of labour from whatever cause whether partial or general, fire or any cause whether or not a like or similar nature beyond our control.
c) The Laws of England govern this Agreement and each party submits to the c) nonexclusive jurisdiction of the English Courts.
d) If any term or provision or any part of these Terms and Conditions other than those relating to payment shall be held to be illegal, unenforceable or otherwise invalid under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions and the enforceability of the remainder of these Terms and Conditions shall not be affected.
e) In this Agreement the clause headings are inserted for convenience only and the singular includes the plural (vice versa).
f) This Agreement will embody the entire agreement between us in relation to its subject matter unless such variations are recorded in any document marked as being supplemental and signed by a duly authorised signatory of you and by a Director of us.
g) Both parties agree that no third party rights shall be created or granted by this Agreement (including but not limited to the Contract (Rights Of Third Parties) Act 1999).
i) We aim to resolve any complaints within 28 days of receipt. Complaint must be made in writing to the Managing Director at our Pucklechurch address. Complaints will only be handled if received within 28 days of the Hire Period ending.