Terms & Conditions Schedule – Motor home Rental Agreement
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THESE CONDITIONS SET OUT YOUR RIGHTS AND OBLIGATIONS GOVERNING THE RENTAL AND USE OF MOTOR HOMES AND APPLY TO ALL RENTALS. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE AGREEING TO RENT A MOTOR HOME FROM US. NOTHING IN THESE CONDITIONS WILL AFFECT OR RESTRICT YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER.
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1 Information about us & the Rental Agreement
1.1 We are North-east Motor Homes trading as NEM registered in England.
1.2 You (referred to below as “you”) are the person(s), firm or company named as the “Hirer” in the Rental Agreement, who rents from us the motor home specified in the Rental Agreement (the “Motor home”) and any person whose credit card is presented for payment of the Rental Charges.
1.3 These Conditions apply to the Rental Agreement, and any reference in these Conditions to the Rental Agreement shall include a reference to these Conditions. If you agree to rent a Motor home from us, you will be deemed to have agreed and accepted these Conditions.
1.4 In these Conditions the following expressions shall have the following meanings:
“Accessories” means all accessories and equipment which is supplied with the Motor home, which includes (but is not limited to) the bike rack, TV & DVD, cooker, fridge, freezer, fire extinguisher, fire blanket, toaster, kettle, first aid kit, UK atlas, warning triangle, pots & pans, 2 gas bottle, crockery, cutlery & a tea towel;
“Pick-Up Point” means the location referred to in Section 22 of the Rental Agreement at which the Motor home will be collected from and returned to us, as referred to in Condition
1.5 “Rental Agreement” means the Rental Agreement between North east motor homes and you covering the hire/rental of the Motor home, which includes these Conditions;
“Rental Charges” means the charges you pay for the hire/rental of the Motor home and any optional or ancillary accessories or services chosen by you, and any applicable taxes at the prevailing rate.“Rental Information Pack” means the pack of information (including, but not limited to, contact details, insurance information and appliance and Motor home operating information) contained in the Motor home;
“Rental Period” means the period of hire/rental of the Motor home referred to in Section 26 of the Rental Agreement (including any changes to this period which we agree with you, or any longer period during which you have possession or control of the Motor home), which is subject always to a maximum period of less than 3 months;
“Security Deposit” means the security deposit of £500 referred to in Section 19 of the Rental Agreement which shall be held by us and used in accordance with Condition 8.3. (see below)

2 Permitted Use of the Motor home
2.1 The Motor home may only be driven by you or persons specifically authorised by us to drive it when the Motor home rental is agreed, and whose personal details we have recorded as part of the Rental Agreement (each an “Authorised Driver”). You agree that you will not allow anyone else to drive the Motor home. All proposed Authorised Drivers must produce current valid driving licences at the time of collection (to include the photo card and paper counterpart (originals only) of the licence) and an additional form of identification satisfactory to us.
2.2 You must not during the Period of Rental allow anyone (including yourself or any other Authorised Driver) to drive the Motor home:
(a) who is under the age of 25 years, or over the age of 70 years, or who has not held a valid driving licence for at least 3 years; or
(b) who has any of the following convictions on their driving licence: UTSO, CD4O, CDSO, CD6O, CD7O, CD71, DD4O, DD6O, DD8O, DR1O, DR2O, DR3O, DR31, DR4O, DR5O, DR6O, DR61, DR7O, DR8O or DR9O; or
(c) who has been refused motor insurance or had an insurance policy cancelled or had special conditions imposed or had increased premiums asked by reason of claims experience; or
(d) who has been disqualified from driving for a period exceeding 6 months during the 3 year period prior to commencement of the Rental Period; or
(e) who has been disqualified from driving for a period exceeding 3 months during the 1 year period prior to commencement of the Rental Period; or
(f) who has been involved in more than 3 accidents (regardless of whose fault such accident was) during the 3 year period prior to commencement of the Rental Period; or
(g) who has had more than 3 motor vehicle theft claims during the 3 year period prior to commencement of the Rental Period; or
(h) who falls into any one or more of the following categories: professional sports person, member of the entertainment profession, professional models or itinerant workers; or
(i) who is not authorised by law to drive the Motor home; or
(j) who does not meet any other minimum requirements which we may specify when you rent or collect the Motor home; or
(k) who is under the influence of alcohol, drugs, medication or any other substance which impairs their ability to drive the Motor home or who suffers from any disability or medical condition which impairs or may impair their ability to drive the Motor home.
2.3 You must not use the Motor home or allow it to be used:
(a) for any purpose which is illegal or in any manner which could cause damage; or
(b) for sub-renting to any other person; or (c) to carry passengers or property for hire, reward or remuneration; or
(d) to take part in any race (whether on road or off road), test, contest or training event; or
(e) in contravention of any traffic or other regulations, or in any area prohibited to the public (including airport runways, airport service roads and associated areas) or any area not authorised by us; or
(f) to tow or push any trailer, vehicle or other object; or
(g) off-road, or on any unsealed or non-bitumen road; or
(h) when it is overloaded, or when any load or items are not properly secured; or
(i) for carrying any object or any substance (other than any supplied by us for use with the Motor home) which may be dangerous or damage the Motor home or prevent or delay our ability to rent the Motor home again (including volatile liquids, gases, explosives, corrosive or inflammable materials); or
so that it becomes submersed in water or comes into contact with salt water; or
(k) to carry more people than the maximum number of sleeping berths; or
(l) otherwise in breach of any obligations under the Rental Agreement.
2.4 The Motor home must be driven in a cautious, prudent and responsible manner at all times. You must look after the Motor home and ensure it is securely locked and parked in a safe place when not being driven. Whilst it is unoccupied, the ignition key must be removed, and you must the keep the TV screen secured in its storage position and remove and keep in a safe place any removable stereo faceplate.
2.5 You must use ensure that seat belts, child seats and other safety restraints are used at all times as appropriate.
2.6 You must not take the Motor home to areas of extreme cold, as it is possible the gas, water and fuel in the Motor home will freeze and prevent the Motor home operating.
2.7 Unless you have our express prior written consent, you may only use the Motor home within Great Britain (i.e. England, Scotland and Wales. If you wish to take the Motor home outside of the Included Territories you can do so provided you have notified us of the countries to which you intend to take the Motor home at least two weeks in advance of the commencement of the Rental Period and provided those countries are within the European Union. There may be an additional charge applicable if you wish to take the Motor home outside of the Included Territories, details of which will be provided on request and at the time you notify us of your intention to take the Motor home outside of the Included Territories.
2.8 You and each of the Authorised Drivers are solely responsible for ensuring that you comply with all local traffic and parking laws and restrictions. Condition 10 will apply in respect of any fines or charges which may be received by us as a consequence of any traffic or parking offences which you or any of the Authorised Divers commit.
2.9 If you take the Motor home outside of the United Kingdom you will be responsible for ensuring that the GB sticker on the Motor home is clearly visible and that you affix any necessary temporary headlight beam deflectors and remove these on re-entering the United Kingdom without, in each case, causing any damage to the Motor home. A warning triangle and a spare set of bulbs are contained in the Motor home.
2.10 If you do not comply with any of the conditions in this Condition 2, you will be liable to pay us for any liability, loss, damages and expenses we suffer or incur as a result of your breach.
2.11 Without limiting Condition 15.3, we reserve the right to take back possession of the Motor home at any time, at your expense, if you are, or we have reason to believe that you are, in material breach of the Rental Agreement (including any of these Conditions).

3 Pick-up/delivery & Return of the Motor home
3.1 We will supply the Motor home in good mechanical and operating order, in a clean condition and with all necessary related documentation, with a full tank of fuel and a gas bottle, at the Pick-Up or delivery Point and on the date and time specified in the Rental Agreement.
3.2 You must check the condition of the Motor home and Accessories at the start of the Rental Period and ensure that any existing damage/defects are noted on the Motor home Inspection Sheet forming part of the Rental Agreement.
3.3 You must return the Motor home (including all documentation and Accessories) North east Motor homes in the same condition as you collected it, subject only to fair wear and tear during the Rental Period, with a full tank of fuel and two propane gas bottles, at the Pick-Up Point and on the date and time specified in the Rental Agreement. You will be responsible for paying for any loss or damage to the Motor home, its documentation and Accessories, during the Rental Period (subject to Condition 5 below), and we will charge you a refilling service charge for the cost of fuel and the service of refilling if we have to refill the Motor home fuel tanks (at our then current published rates for such refilling service charge).
3.4 The Motor home must be returned to the Pick-Up Point on the date and time specified in the Rental Agreement. If you do not return the Motor home to us on the agreed time and date you will remain fully responsible for the Motor home until formal handover of the Motor home to us . You will be charged late return charges for every complete hour that you are late in returning the Motor home to us after the relevant return time and date specified in the Rental Agreement (at our then current published rates for such late return charges).
3.5 If we have agreed to collect the Motor home from you, you will remain fully responsible for the Motor home until it is collected by us. You will be charged an additional charge If the Motor home is not available for collection by us at the agreed time and place you will be deemed to be in breach of Condition 3.4 and late return charges will apply.

3.6 You will not be entitled to a refund of any Rental Charges if the Motor home (or any Accessories) is returned to us (or you cease to have use of the Motor home or any Accessories) before the relevant time and date specified in the Rental Agreement for any reason which is not our fault. We will also have no obligation to provide you with a replacement Motor home (or any Accessories) in these circumstances.
3.7 We reserve the right to make an additional charge if after you return it to us the condition of the Motor home requires special cleaning or other treatment (at our then current published rates for such special cleaning charges).

4 Maintenance, Operation. Repairs & Breakdown Cover
4.1 You must ensure you use the correct fuel (Diesel) for the Motor home, and take all reasonable steps to maintain it, which includes checking (and where necessary refilling) the oil, engine coolant and other fluid levels at least every 1000 miles.
4.2 If you experience an operational problem or failure, you should contact our 24 hour helpline using the telephone number specified in Rental Information Pack supplied with the Motor home and we will endeavour to answer any questions you may have with regard to operating the Motor home or any of the Accessories and will endeavour to deal with any other questions or queries you may have.
4.3 Ford roadside assistance cover is included in the Rental Charges. This covers any mechanical faults to the Motor home within the United Kingdom which you experience during the Rental Period. This breakdown cover is subject to certain limitations and to the terms and conditions of the Ford assistance (set out in the Ford roadside assistance documentation contained in the Rental Information Pack supplied with the Motor home). You will be responsible for any Ford Assistance call-out charges which are not covered by the Ford assistance breakdown policy cover including (but not limited to) a flat battery, if the wrong or insufficient fuel is used, or if the keys become locked inside the Motor home.
4.4 If you experience a mechanical problem or failure which Ford assistance are unable to deal with or you experience a mechanical problem or failure outside of the United Kingdom, you must contact the Motor home manufacturer’s breakdown / warranty claim helpline for the relevant country in which the problem occurs (the contact telephone numbers are set out in the Rental Information Pack by reference to manufacturer and country). You will be responsible for any manufacturer call-out charges which are not covered by the manufacturer’s warranty including (but not limited to) a flat battery, if the wrong or insufficient fuel is used, or if the keys become locked inside the Motor home.
4.5 Provided you receive our express consent in advance, and supply us with confirmatory receipts, we will reimburse you for costs expressly authorised by us which you reasonably incur in repairing any mechanical problem or failure to the Motor home (excluding any Accessories) provided the problem or failure was not your fault, did not result from any breach by you of the Rental Agreement and was outside the scope of the A.A breakdown policy and the manufacturer’s warranty. You must not repair/service (or allow anyone else to repair/service) the Motor home without our prior express consent.
4.6 Provided you supply us with confirmatory receipts, we will also reimburse your reasonable costs in replacing or repairing defective tyres on the Motor home (provided that you retain the defective tyre so we can inspect this and make a claim against the manufacturer, if we consider this appropriate).

5. Insurance & your responsibility for loss or damage to the Motor home
5.1 Comprehensive insurance covering one Authorised Driver of the Motor home during the Rental Period is included in the basic Rental Charges. Additional Authorised Drivers must be specifically authorised by us in accordance with Condition 2.1, and you will be charged an additional charge for each additional Authorised Driver (at our then current published rates for such charges).
5.2 Our insurance policy meets all European Union minimum legal requirements and protects us, you and any Authorised Driver against legal claims from any other person for death or personal injury or (subject to any applicable policy excess as referred to in Condition 5.3 damage to any other person’s property caused by use of the Motor home during the Rental Period. You agree to reimburse us if we are obliged to compensate the insurers for any payments they make to a third party on your behalf if that third party suffers death, personal injury or damage to property caused by use of the Motor home by you or any Authorised Driver in breach of Condition 2 above (‘Permitted Use of the Motor home’).
5.3 The applicable excess on our insurance policy in respect of damage to the Motor home (or any of its parts or Accessories and including, without limitation windscreen damage and damage to tyres, wheels and wheel trims) is £500 for each and every claim (or such other amount as may be specifically stated in Section 18 of the Rental Agreement), and in the event that a claim is made under the insurance policy you will forfeit your Security Deposit and must additionally pay to us the balance (if any) of this insurance excess (unless the loss or damage concerned is due to our negligence or breach by us of the Rental Agreement). There is no excess applicable to the insurance policy in respect of any third party injury or damage claims or in respect of any injury suffered by you or any passengers in the Motor home.In the case of a non-fault accident we will either retain the Security Deposit to cover our insurance excess or charge the excess to you which we will repay to you within 7 days of recovering an amount representing the excess from the relevant third party insurer (subject to you not being liable to us under the Rental Agreement for any other charges).
5.4 You will be liable for any damage to the Motor home and for any losses we suffer where such damage and/or losses are not covered by our insurance. Our insurance will be void or may be voidable if you do not comply with Conditions 2.1 – 2.6 (inclusive), 2.8, 5.2 or 6.1 – 6.4 (inclusive).

6 Accidents, theft and vandalism
6.1 You must, wherever possible, report any traffic accident, loss, damage or theft involving the Motor home (or any of its parts or Accessories) to the police immediately and to our insurers (a contact telephone number for our insurers is contained in the Rental Information Pack) and you must also provide us with full details within 24 hours of the incident. If the police have agreed to attend the scene of the accident you should invite the other driving involved in any collision to remain with you until the police arrive. You should make a careful note of any crime reference number which you are given by the police, which you will be required to provide us with, together with details of the police station at which the accident was reported, if applicable.
6.2 You should not admit any liability, release any party from liability, or settle any claim nor accept any disclaimer in the event of an accident, but should take the names and addresses of everyone involved, including any witnesses and comply with the procedures and information requirements set out under the heading “What to do in the event of an accident” contained in the Rental Information Pack.
6.3 You agree to fully co-operate with us and our insurers in relation to any investigation or subsequent legal proceedings arising out of loss of or damage to the Motor home, its parts or Accessories.
6.4 If you have been involved in an accident or any loss, damage or theft involving the Motor home (or any of its parts or Accessories) you must compete and return to us an accident or theft report form when you return the Motor home to us. If the Motor home is stolen, you must return the keys (and any remote control anti-theft device) to us.

7 Personal/Tour Insurance
7.1 We are not liable to you (or any Authorised Driver or passenger) for loss, damage or theft of property or possessions left in the Motor home either during or after the Rental Period, unless the loss or damage results from our negligence. Furthermore our insurance policy referred to in Condition 5 will not cover any such loss, damage or theft, and we strongly recommend that you take out appropriate additional personal or Tour insurance cover in respect of these risks.

8 Charges & Payment
8.1 The Rental Charges reflect your rental of the Motor home under the Rental Agreement, and include the basic rental charges, charges for any optional or ancillary accessories or services chosen by you at the time of rental and any applicable taxes at the prevailing rate. The Rental Charge also includes Comprehensive insurance covering one Authorised Driver as referred to in Condition 5.1.
8.2 Additional charges may arise from your use of the Motor home during the Rental Period and may include loss of or damage to the Motor home or any of its parts or Accessories (Conditions 5.3 and 5.4), a refuelling service charge (Condition 3.3), late return charges (Condition 3.4), a collection service charge (Condition 3.5), a special cleaning charge (Condition 3.7) and any fines or charges arising from traffic, parking or tolls during the Rental Period (Condition 10). You will also be responsible for an additional charge (at our then current published rates) if the toilet and waste water tank are not emptied prior to the return of the Motor home, or if you incur any other additional charges as specified in the Rental Agreement. In addition, any damage caused by you to any internal appliances, the Accessories and other items supplied with the Motor home will be charged at their replacement cost. You acknowledge and agree that we may either deduct all or any of these additional charges from your Security Deposit (before returning the balance, if any, to you under Condition 8.3) or charge such amounts to your debit, credit or charge card under Condition 8.6 or require you to pay for them separately when the Motor home is returned.
8.3 We will charge you the Security Deposit prior to or on collection of the Motor home. The Security Deposit is fully refundable (subject to it being forfeited or deductions made under Conditions 5.3, 5.4 or 8.2 or retained to cover the insurance policy excess pending this being recovered from third party insurers in accordance with Condition 5.3) on the date on which the Motor home is returned to the Pick-up Point. Should any amounts payable by you which arise during the Rental Period exceed the amount of the Security Deposit, you will be responsible for paying the balance owing immediately. The Security Deposit will only be refunded after a full inspection of the Motor home, its Accessories and contents has been made.
8.4 You will be required to pay us a Booking Deposit when you make your initial Motor home booking/reservation, of such amount as we specify at that time, which sum will be deducted from the Rental Charges when these become payable. Payment of the balance of Rental Charges is due when you collect the Motor home from us. If you do not pay us the Booking Deposit, Rental Charges or any other amounts on time when these become due, we reserve the right to cancel your Motor home booking/reservation and rent the Motor home to another person.
8.5 All charges are calculated in accordance with our current rates at the time of rental, and are subject to final calculation after the rental has taken place.
8.6 If you choose not to pay the Security Deposit in cash you will be required to authorise us to process any charges payable by you on your debit, credit or charge card and accordingly you authorised us to reserve credit of £500 with the card issuer at the time of rental or to debit or charge an amount of up to £500 to your debit or charge card when you return the Motor home, if appropriate. It is your responsibility to ensure that you have sufficient funds or credit available to cover this £500 if you choose not to pay the Security Deposit in cash.
8.7 You and any other person who, with our consent, you require that we direct charges to under the Rental Agreement will be jointly and severally responsible for payment of all charges payable under the Rental Agreement. If you do require that any such charges to be billed to any person other than you, you represent to us that you have their authority to do this.
8.8 If you do not pay any amounts for which you are liable under the Rental Agreement within the time indicated on your statement of account, we reserve the right to charge you interest in addition to the outstanding charges, at a rate of 2% per month above the base lending rate.

9 Limits on our liability
9.1 Subject to Condition 9.2 below, NEM shall not be liable to you or any third party for any loss or damage arising from the rental other than as a result of our negligence or wilful misconduct or any other breach by us of the Rental Agreement.NEM shall not be liable for any indirect damages, consequential loss, and loss of profits or special damages of any kind.
9.2 Nothing in Condition 9.1 shall exclude or restrict our liability for death or personal injury resulting from our negligence or for any other liability which cannot be excluded as a matter of law.

10 Parking and traffic violations/charges
10.1 You and each of the Authorised Drivers are jointly fully responsible for the payment of all fines and for any consequences of the violation of traffic regulations, parking orders or prohibitions, or any other laws or regulations during the Rental Period. You are also responsible for road toll and congestion charges and any similar or like charges during the Rental Period. If we are required to pay such fines, charges or associated costs, we will charge you with the amount of the fine, charges or costs together with a reasonable administration charge for dealing with these matters. We will, upon request, supply you with a copy of any traffic violation or other notice of charge which we receive.

11 No Smoking
11.1 Smoking is strictly prohibited in the Motor home.

12 Pets
12.1 All pets which you intend will use the Motor home (including guide dogs) must be expressly approved by us at the time of booking, and you will be charged an additional charge for this (at our then current published rates for pets), save in the case of guide dogs for which no charge will be made.
12.2 You will be responsible for paying for any damage to the Motor home caused by your pet (including any special cleaning which is required when you return the Motor home).
12.3 Not all of our motor home fleet are available for use with a pet and accordingly use of a motor home with a pet is subject to availability.

13 Availability of Motor home
13.1 We reserve the right, at our discretion, to substitute a comparable or superior Motor home for the particular vehicle you booked with us if the type of vehicle you booked becomes unavailable for any reason, (in which circumstances you will not be liable to us to pay any difference in the usual rental charges). Any such substitution made shall not entitle you to any refund and does not constitute a breach of the Rental Agreement by us.
13.2 We reserve the right not to supply a replacement Motor home if the Motor home you rented from us suffers an accident or breakdown which is caused by your recklessness or negligence.

14 Title to Motor home & No sub-rental
14.1 Your rights and obligations under the Rental Agreement are not transferable by you. You acknowledge that the Motor home, its parts and Accessories are owned by us and that any attempted transfer or sub-rent of the Motor home or any part of it by anyone other than NEM is void. NEM permits you to use the Motor home on the terms of the Rental Agreement (including these Conditions) only.

15 Cancellation & Termination
15.1 If you cancel your Motor home booking you may lose your Booking Deposit. This will depend on when you cancel your booking. If you cancel your booking in writing:
(a) more than 14 days in advance of the date on which the Rental Period is due to commence we will refund your Booking Deposit in full within 7 days of us receiving your cancellation notice;
(b) more than 7 days but less than 14 days in advance of the date on which the Rental Period is due to commence we will refund 50% of your Booking Deposit within 7 days of us receiving your cancellation notice and will be entitled to retain 50%;
(c) 7 days or less in advance of the date on which the Rental Period is due to commence we will be entitled to retain the whole of your Booking Deposit.
15.2 You will not be entitled to a refund of your Booking Deposit, Rental Charges or any other charges (save for the Security Deposit, subject to any deductions made under Conditions
5.3, 5.4 or 8.2) once these have been paid and the Motor home has been collected including (without limitation) where you return the Motor home early, unless we expressly agree otherwise (in our absolute discretion).
15.3 We may terminate the Rental Agreement and repossess the Motor home at any time, without notification to you and at your expense if:
(a) you are, or we reasonably consider you to be, in material breach of the Rental Agreement (including these Conditions);
(b) you have obtained the Motor home through fraud or misrepresentation;
(c) the Motor home is (or appears to be) abandoned;
(d) the Motor home is not returned to the Pick-Up Point and on the date and time specified in the Rental Agreement (or we reasonably believe that the Motor home will not be returned on this agreed return date);
(e) we reasonably believe that the safety of passengers or the condition of the Motor home is in danger.
15.4 In the event of termination of the Rental Agreement and repossession in accordance with Condition
15.5 You are not entitled to a refund of any part of the Rental Charges or the Security Deposit.

16 Notices
16.1 All notices given by you to us under the Rental Agreement must be submitted in writing.
16.2 We may give notice to you at your postal address on the Rental Agreement, or at any other address you specify in writing to us.
16.3 Notices will be deemed received three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove that such letter was properly addressed, stamped and placed in the post.

17 Applicable laws
17.1 The Rental Agreement and these Conditions will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the Rental Agreement.

18 Your statutory rights
18.1 If you are a consumer, you have certain statutory rights which you may rely upon in the event that the Motor home is faulty or mis described. Nothing in these Conditions will reduce or affect these statutory rights. If you have any doubt about your statutory rights, please contact your local Trading Standards Department or Citizens Advice Bureau.