Moss Motorhome Hire

Lake District, Cumbria
phone icon 07968 777299

Moss Motorhome Hire Ltd

Terms & Conditions of Rental

  1. DEFINITIONS
    1. In these Terms the following words and phrases shall have the following meaning unless the context indicates otherwise:

      "Accident" means any road traffic incident involving the Vehicle (whether or not as a result of any fault on the part of the Customer) which involves damage to the Vehicle and/or to any other vehicle and/or injury to any person;

      "Additional Charges" means the additional charges which may be made by the Company pursuant to Clause 4 and Schedule 1;

      "Booking Deposit" means the initial deposit paid by the Customer when making an order for the Services, which sum shall be considered as part of the Price;

      "Company" means Moss Motorhome Hire Ltd, Company Registration Number 09369941, of 23 Greystone Lane, Dalton in Furness, Cumbria, LA15 8PX;

      "Customer" means the party for whom the Services are provided;

      "Contract" means the contract between the Company and the Customer for the provision of the Services including these Terms and the Rental Schedule and any information prescribed by the Regulations;

      "Driving Offence" means any contravention of any statutory, regulatory or other provision which results in the imposition of penalty points, and/or an endorsement and/or a sanction by the criminal courts or which could so result but for the availability of a fixed penalty or other alternative sanction including (but not limited to) participation on any type of driving course;

      "Identification" means identification documents of the type and number specified in Schedule 2;

      "Insurance" the fully comprehensive motor insurance policy maintained by the Company in respect of the Vehicle;

      "Price" means the price in pounds sterling payable by the Customer to the Company in respect of the Services;

      "Regulations" means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

      "Rental Deposit" means the deposit paid by the Customer prior to the commencement of the Rental Period as more particularly detailed in clause 6 and on the Rental Schedule;

      "Rental Period" means the agreed dates on which the Customer shall use the Vehicle subject to the provisions of clause 7.2;

      "Rental Schedule" means the rental schedule document to which these Terms are appended;

      "Return Deadline" means the latest time for return of the Vehicle to the Company at the end of the Rental Period as set out in the Rental Schedule and as modified by clause 7;

      "Services" means the rental of a Vehicle by the Company to the Customer in accordance with the Terms;

      "Terms" means the Company's standard terms and conditions of rental as set out in this document;

      "Vehicle" means a motorhome owned or used by the Company in connection with its business;

    2. Headings contained in these Terms are for reference purposes only and shall not affect their interpretation.
    3. Any reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended from time to time.
    4. All of the Schedules form part of these Terms.
    5. If the Contract was concluded away from the Company's business premises, the Contract may be a distance contract as defined by the Regulations.
  2. PROVISION OF SERVICES
    1. The Company shall provide the Services subject to the Terms which, subject to clause 17.3, shall govern the Contract to the exclusion of any other terms.
    2. No employee of the Company has authority to make any warranty, statement or promise concerning the Vehicle or the Services, including any representation as to the life or wear of the Vehicle, except in writing signed by a Director of the Company and the Customer agrees that it is not entering into the Contract in reliance on any such warranty, statement or promise (save that nothing in these terms affects the liability of either party for fraudulent misrepresentation).
    3. The Contract shall be effective upon the Customer paying the Booking Deposit.
    4. At the commencement of the Rental Period, the Company shall ensure that the Vehicle contains the major items specified in Schedule 3 which the Customer may use for the duration of the Rental Period.
  3. CONDITIONS OF RENTAL
    1. The Company reserves the right to make any changes in the provision of the Services which are required to conform with any applicable safety or other statutory requirements or which do not materially reduce the quality or performance of the Vehicle.
    2. The Company reserves the right to decline to fulfil any order made by a Customer for the Services.
    3. The Customer shall provide the Company with such information as the Company shall reasonably require in order to provide the Services in accordance with the Terms.
    4. Notwithstanding clause 3.3, the Company shall not be obliged to provide the Services if the Customer fails to pay the Rental Deposit as specified in clause 6 and/or the Price as specified in clause 4 and/or if the Customer fails to provide the Identification or allow the Company to retain copies of the Identification and/or if the Customer has been convicted of a Driving Offence which invalidates the Insurance or which is of the type as set out on the Rental Schedule.
  4. PRICE AND ADDITIONAL CHARGES
    1. The Price shall be the price as detailed on the Rental Schedule as modified by clause 7 in the case of extensions or late returns of the Vehicle.
    2. The Price shall be paid by the Customer to the Company in full no later than thirty days before the commencement of the Rental Period. Any additional sums payable pursuant to clause 7 shall be paid to the Company forthwith upon extension of the Rental Period pursuant to clause 7.
    3. In addition to the Price, the Customer shall be liable to pay forthwith to the Company the Additional Charges as more particularly set out in Schedule 1 and further agrees that the Company shall be entitled to deduct the Additional Charges from the Rental Deposit in whole or in part.
    4. The Price may be paid via bank transfer, cheque, bakers' draft credit or debit card but may not be made in cash.
  5. CANCELLATIONS
    1. As the Contract is a contract for vehicle rental services, and pursuant to Section 28(1)(h) of the Regulations, no statutory right to cancel arises in respect of the Contract.
    2. Notwithstanding clause 5.1, the Customer may cancel the Contract at any time. Where the Contract is cancelled, the Company shall use its reasonable endeavours to enter into a fresh contract with a different customer.
    3. In every situation where the Customer cancels the Contract, the Company shall be entitled to charge an administration fee of £50.00.
    4. The Company shall refund the Customer any monies paid by the Customer to the Company in relation to the Contract (less those deductions permitted by this clause 5 or any other provision of these Terms) within 14 days of cancellation.
    5. In the event that the Company is not able to re-hire the Vehicle under a fresh contract, the in addition to the administration fee referred to in clause 5.3 above, the Customer shall be liable to pay the following sums to the Company which the Customer agrees the Company can deduct from the amount of any refund owing to the Customer:-
      1. where that notice of cancellation is given more than thirty days before the commencement of the Rental Period, provided that the Rental Period is for a period of more than three days, the sum of £200.00;
      2. where the notice of cancellation is received less than thirty days before commencement of the Rental Period, the full Price;
      3. in any event where the Rental Period is for three days or less, the full Price;
    6. In the unlikely event that the Company is unable to supply a Vehicle, the Company shall use all reasonable endeavours to provide a replacement Vehicle. Where this is not possible, the Company shall forthwith refund to the Customer all sums payable by the Customer without deduction or setoff. For the avoidance of doubt, the Company shall have no further liability to the Customer.
  6. BOOKING DEPOSIT AND RENTAL DEPOSIT
    1. The Customer shall pay the Booking Deposit to the Company when placing an order for the Services.
    2. In addition to paying the Booking Deposit, the Customer shall also pay the Rental Deposit to the Company in full prior to the commencement of the Rental Period. The Customer is advised to pay the Rental Deposit no less than five days in advance of the commencement of the Rental Period as the Rental Deposit shall only be deemed to have been paid once the Company is in receipt of cleared funds.
    3. In addition to any other rights open to it whether under the Contract or otherwise, the Company shall be entitled to deduct from the Rental Deposit such sums as the Company deems reasonably necessary to recompense the Company in full for any damage caused to the Vehicle during the Rental Period and/or for any and all losses howsoever suffered by the Company in relation to any criminal and/or negligent act or omission of the Customer or in relation to any breach of the terms of the Contract by the Customer.
    4. Save as provided for in clause 6.1, the Rental Deposit shall be returned to the Customer no later than 10 days after the end of the Rental Period.
  7. RETURNS AND EXTENSION
    1. The Customer shall return the Vehicle to the Company's place of business or to such other place as the parties shall agree no later than the Return Deadline.
    2. The Rental Period may be extended at any time prior to the end of the Rental Period by the mutual agreement of the parties on such terms as the parties shall determine. For the avoidance of doubt, the Company shall not be under any obligation to extend the Rental Period. Where the Rental Period is extended pursuant to this Clause, the Return Deadline shall be deemed to be amended accordingly.
    3. In the event that the Vehicle has not been, or cannot be, returned by Return Deadline, the Customer shall notify the Company forthwith and in any event no later than one hour after the Return Deadline of the delay, the reasons for it and the expected time of return of the Vehicle ("the New Return Deadline").
    4. Save where the failure to return the Vehicle in accordance with Clause 7.1 is caused through no fault of the Customer and notwithstanding any other remedies open to it, the Company shall be entitled to charge the Customer the sum of £50 per hour or part thereof until such time as the Vehicle is returned to the Company's place of business or to such other place as the parties shall agree.
    5. The Customer acknowledges that the Vehicle is fitted with a tracking system and further agrees that if in the event of late return the Customer fails to comply with Clause 7.3 and/or fails to return the Vehicle by the New Return Deadline and/or if in the reasonable opinion of the Company having regard to the location of the Vehicle the Customer is likely to be unable to comply with the New Return Deadline, the Company shall regard the Vehicle as being taken without the Company's consent and shall be entitled to make a report to the Police.
  8. TERMINATION
    1. Either party may, at any time, by notice in writing terminate this Contract forthwith if the other party:
      1. is in material default of any term or terms of the Contract;
      2. in the case of the Customer alone, if the Company ceases to carry on its business;
      3. if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the other party and is not discharged within fifteen days of such appointment;
      4. if the other party makes an assignment for the benefit of, or a composition with, its creditors, or another arrangement of similar import; or
      5. if the other party shall go into liquidation otherwise (in the case of the Company alone) than for the purposes of a bona fide amalgamation or reconstruction.
    2. Any rights to terminate the Contract shall be without prejudice to the rights of the other party.
  9. TERMINATION CONSEQUENCES
    1. Save where the Contract is terminated by reason of the Company being in breach pursuant to clauses 8.1.1 - 8.1.5 of these Terms, in the event of the Contract being determined whether by passage of time, notice, breach or otherwise, the Customer shall immediately pay to the Company:
      1. all arrears of payments and any other sums due to the Company, and
      2. all other monies irrevocably paid by the Company in connection with the Contract.
    2. On the termination of the Contract (however arising), the Customer shall, if it is in possession of the Vehicle, return the Vehicle to the Company in accordance with these Terms as soon as reasonably practicable.
    3. Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of the Contract and the determination of the Contract shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under the Contract notwithstanding that the other may have exercised one or more of the rights and remedies against it.
    4. Any right or remedy to which either party is or may become entitled under this Contract or in consequence of the other's conduct may be enforced from time to time separately or concurrently with any right or remedy given by this Contract or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.
  10. INSURANCE
    1. During the Rental Period, the Vehicle will be covered by the Insurance. In the event of valid claim made for whatever reason under the Insurance which relates to the Rental Period, then in addition to any other monies payable pursuant to this Contract, the Customer shall be liable to pay to the Company an amount equivalent to the excess on the Insurance.
    2. The Insurance shall only be valid until the end of the Rental Period as set out on the Rental Schedule or as determined in accordance with Clause 7 and the Company shall have no liability to insure the Vehicle thereafter. Customers are reminded that using a motor vehicle without insurance is a criminal offence.
    3. The Insurance does not cover loss, damage to, or theft of, any personal possessions of the Customer and the Customer shall be solely responsible for arranging such additional insurance as the Customer deems necessary to protect against these risks.
    4. The Insurance does not cover loss or damage to the Vehicle caused by any failure of the Customer to set or keep operational or use any security device installed in the Vehicle when they are absent from the Vehicle; or any loss or damage caused as a result of the customer leaving the keys in the ignition or a door or leaving the Vehicle insecure and unlocked when unattended; or any damage caused by misfuelling; or any loss or damage caused when the Vehicle is being driven other than by the Customer or an approved additional driver.
    5. Save where the parties have agreed that the Customer may take the Vehicle outside the UK, the Insurance shall not cover the Vehicle whilst it is outside the UK.
  11. LIABILITY
    1. Save as expressly provided for in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    2. The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
    3. Subject to Clause 11.2, the Company's liability for any breach of the terms of this Contract or otherwise will be limited to the aggregate value of the Goods supplied to the Customer under the Contract in the twelve month period immediately preceding the breach.
  12. SMOKING
    Smoking in the Vehicle is illegal and is not permitted under any circumstances. In the event of breach of this clause, in addition to any other remedy available to it the Customer shall be liable to pay to the Company the costs of cleaning the Vehicle.
  13. PETS
    A maximum of two well behaved dogs are permitted in the Vehicle at no extra charge, although the Customer agrees to be solely responsible for the cost of cleaning or putting right any damage caused by a Customer's pets.
  14. FORCE MAJEURE AND BREAKDOWN
    1. If the performance of the Contract or any obligation under it is prevented, restricted or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected (upon giving prompt notice to the other party) shall be excused from performance to the extent of the prevention, restriction or interference, but the party so affected shall use all reasonable endeavours to avoid or remove the causes of non-performance and shall continue performance of its obligations under the Contract whenever such causes are removed or diminished.
    2. In the event of a breakdown of the Vehicle, the Customer must contact the Company immediately by telephoning the telephone number stated on the Rental Schedule or such other number as the Company shall notify to the Customer.
  15. CUSTOMER OBLIGATIONS
    1. The Customer:-
      1. must not take a Vehicle on a ferry and/or outside the UK without the express advance written permission of the Company. For the avoidance of doubt (and, where applicable, for the purpose of this Agreement), the Republic of Ireland and the Channel Islands are regarded as being outside the UK.
      2. may only use the Vehicle for lawful purposes connected to personal recreation and leisure and may not loan the Vehicle to any other person during the Rental Period nor allow anyone to drive the Vehicle other than persons named on the Rental Schedule nor use the Vehicle for hire or reward.
      3. shall be responsible for returning the Vehicle with a full tank of fuel.
      4. shall ensure at all times that the Vehicle is not overloaded. The maximum licensed weight for the Vehicle is set out on the information plate under the bonnet of the Vehicle and this weight includes the Vehicle, its passengers and all contents.
      5. shall ensure that the Vehicle is locked and left secure at all times when unattended and shall further ensure that when the Vehicle is unattended, the Vehicle keys shall not be left in or about the Vehicle.
      6. shall use any security device fitted to the Vehicle whenever practicable.
      7. shall take all reasonable care when driving the Vehicle.
      8. shall at all times during the Rental Period comply with the Highway Code (or the equivalent (if any) if the Company permits the Customer to drive the Vehicle outside the UK) and all relevant domestic and international road traffic legislation in force from time to time.
      9. must not use the Vehicle off-road or in or at any place which is used for the take-off or landing or aircraft save for in such areas that are expressly designated for use by the public.
      10. shall notify the Company forthwith of any defects in the Vehicle other than those already identified by the Company to the Customer prior to the Rental Period.
      11. shall be responsible for paying any parking fines or similar penalties.
      12. shall be liable for any Driving Offence committed at any time whilst the Vehicle is in the possession or under the control of the Customer.
  16. ACCIDENTS AND LOSSES
    1. If the Customer is involved in an Accident, the Customer shall:-
      1. notify the emergency services wherever necessary and in all cases must also notify the Company (or ensure that the Company is notified) of the fact and circumstances of the Accident as soon as reasonably practicable;
      2. complete and return to the Company an Incident Form in the form as provided by the Company from time to time as soon as reasonably practicable following an Accident;
      3. make no admission of liability.
    2. Following notification of an Accident pursuant to clause 16.1, the Customer shall do such things at such times as the Company shall reasonably direct, having regard to all of the circumstances of the Accident.
    3. The Customer shall forthwith notify the Company and report to the Police any and all loss, theft or malicious damage and the Customer shall obtain and notify the Company of the relevant crime reference number as soon as reasonably practicable.
  17. MISCELLANEOUS
    1. The Contract is personal to the Customer and may not be assigned to any third party without the written consent of the Company.
    2. The Company reserves the right to assign the Contract and to sub-contract all or any of its obligations.
    3. No material variation or amendment of these Terms or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties. The Company shall be entitled to make minor changes to the Terms by giving reasonable notice to the Customer. The Customer shall not be entitled to make minor changes to the Terms.
    4. Any demand or notice given under the Contract shall be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (confirmed by post), or by any other means which any party specifies by notice to the others and each party's address for the service of notice shall be its above mentioned address or such other address as it specifies by notice to the others.
    5. A notice shall be deemed to have been served if it was served in person, at the time of service, if it was served by post, 24 hours after it was posted, and if it was served by facsimile transmission, at the time of transmission.
    6. If any provision of the Contract is rendered void by any legislation to which it is subject or the final decision of any court having jurisdiction the Contract shall be rendered void to that extent and no further; and the remainder of the Contract shall constitute the agreement of the parties.
    7. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
    8. The law applicable to the Contract shall be English law and the parties consent to the exclusive jurisdiction of the English courts.

Schedule 1

Additional Charges

The Company shall be entitled to charge the Customer for the costs incurred by the Company in:-

  1. Cleaning the Vehicle if the Vehicle is returned to the Company in an unacceptably dirty condition, having regard to fair usage and fair wear and tear
  2. The cost of cleaning the Vehicle to make good any breach by the Customer of clause 12 (Smoking)
  3. The cost of cleaning the Vehicle to make good any breach by the Customer of clause 13 (Pets)
  4. The cost of filling the Vehicle with fuel in the case of any breach by the Customer of clause 15.3.
  5. The cost to the Company of discharging any penalty notices and related costs in the event of any breach by the Customer of clause 15 which results in any liability to the Company.
  6. The cost to the Company of discharging any regulatory charges and related costs in the event of any breach by the Customer of clause X which results in any liability to the Company.
  7. The cost to the Company of discharging any fines or other payments and related costs in the event of any breach by the Customer of clause 15 which results in any liability to the Company.
  8. The cost of replacing any lost keys for the Vehicle.
  9. The cost of putting right any uninsured damage to the exterior of the Vehicle save for fair wear and tear.
  10. The cost of putting right any uninsured damages to the interior of the Vehicle save for fair wear and tear.
  11. In the event of any loss or damage which leads to a claim under the Insurance, the amount of any excess under the Insurance.
  12. In the event of any uninsured loss or damage (including, but not limited to, loss or damage caused pursuant to clause 10.4), the cost to the Company of putting the loss or damage right.

Schedule 2

Identification

The Customer must provide the Company with the following documents:-

  1. A valid UK driving licence (comprising both photocard and paper counterpart in the case of a new style licence, or, where a paper counterpart has not been issued, a valid check code from the DVLA); and
  2. Two utility bills less than three months old in the Customer's name and showing the Customer's current address; and
  3. The items listed in section 1 and 2 above in respect of any additional driver. Only drivers who have provided suitable identification will be allowed to drive the Vehicle.

Other forms of identification (such as non-UK driving licences or passports) will only be acceptable with the prior written consent of the Company and subject to any other requirements which the Company shall impose.

Schedule 3

Major Items to be supplied by the Company

  1. Full Tank of Fuel
  2. Two Gas Cylinders
  3. Breakdown Cover
  4. Portable Vacuum
  5. Cutlery
  6. TV/DVD player
  7. Tea Towels
  8. Crockery
  9. Pots and Pans
  10. Fire Safety Equipment
  11. Outdoor seating for vehicle occupants
  12. Vehicle levellers and chocks
  13. Jump leads
  14. Foldable table and chairs
  15. 4 x Bike Holders
  16. Awning handle
  17. Awning straps
  18. 240v power cable
  19. Long 20m TV lead
  20. Toaster
  21. Kettle
  22. Grill pan and handle
  23. Fresh Water Hose Pipe

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