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Derby Motorhomes Terms & Conditions
1. Definitions of Terms and Conditions
'I', 'me' and 'my' refers jointly and severally to the person or persons
who are the customers.' This Agreement' means the Rental Agreement, the
Insurance Motor Rental Agreement and these Terms and Conditions. In the
event of any discrepancy between these Terms and Conditions and any other
Derby Motor Home literature, the provisions of these Terms and Conditions
apply
'Derby Motor Homes’
means Derby Motor Homes Limited Company Kempton Park Close Ascot Drive
Derby DE24 8QB.
'Customer’
means the person or persons nominated as the hirer under the heading 'Hire
Details' on the Insurance Motor Rental Agreement and any person whose
credit card is presented in payment of the customer's charges.
'Living Equipment'
Includes but is not limited to crockery, cutlery, cooking utensils.
'Rental Period'
Means the hire period referred to under the heading 'Booking Details' on
the Rental Agreement or any agreed variation thereof and any additional
period during which the vehicle is in the customer's possession or control
'Vehicle'
Means the vehicle described under the heading 'Vehicle Details' on the
Rental Agreement and includes tyres, tools, accessories, the living
equipment and any other special equipment, documents related to the
Vehicle and any replacement or substitute Vehicle which may be provided at
the discretion of Derby Motor Homes.
'Security Deposit'
Means the Vehicle security deposit detailed under the heading 'Vehicle
Security Deposit' in the Insurance Motor Rental Agreement.
2. Delivery and Return of the Vehicle
I acknowledge having received the Vehicle in a clean condition and in
sound working order in accordance with the Departure Checklist and with a
full fuel tank and two full gas bottles
I will return the vehicle in a clean condition with a full fuel tank, on
the return date and time set out under the heading 'Check in' in the
Rental Agreement.
I acknowledge that Derby Motor Homes will not refund to me any monies, nor
have any obligation to provide a replacement vehicle, if the Vehicle is
returned or I cease to have the use of the Vehicle prior to the return
date for any reason e.g. Accident, weather or theft.
3. Rental and Other Charges
I will pay Derby Motor Homes
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All rental charges
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The security deposit.
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The nominated cleaning fee of £50.00 if the Vehicle is not returned with
the interior in a clean condition.
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The nominated additional fee of £50.00 if the toilet and waste water
tank are not emptied prior to the return of the Vehicle.
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The nominated cancellation fee in the event of cancellation of this
agreement prior to acceptance of delivery of the vehicle.
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The cost of any damage to the Vehicle or the property of any third party.
All government fees and duties etc.
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All parking fines, other fines or penalties, and/or accidents
including third party property damage not reported on return of the
Vehicle; and associated administration costs incurred in relation to the
Vehicle during the Rental Period.
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Any other fees or charges payable by me pursuant to this Agreement. This
includes any costs incurred by Derby Motor Homes as a result of any breach
by me of the terms of this Agreement.
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The daily rental rate for the period the Vehicle is off fleet for accident
repairs (demurrage).
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The cost to recover a Vehicle which has become bogged.
4. Credit Card Payment
Derby Motor Homes will accept payment by credit cards approved by Derby
Motor Homes.
When payment is paid by credit card, I agree that; Derby Motor Homes 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, London congestion
charges, and associated administration costs);I will not dispute my
liability to Derby Motor Homes for any amount due under this agreement and
I shall indemnify and keep indemnified Derby Motor Homes against any loss
incurred (including legal costs) by reason of notifying my credit card
issuer of such dispute.
Derby Motor Homes may process the credit card voucher; in the event that
Derby Motor Homes elects to accept payment of the Security Deposit by
holding an open security payment which will be cancelled at the completion
of the Rental Period, I agree that Derby Motor Homes is entitled to
recover payment from my credit card issuer pursuant to paragraph (1) in
respect of any amounts due which were not known at the time of cancelling
the open security payment.
I acknowledge that all transactions under this agreement are conducted in
Pounds Sterling. Due to exchange rate fluctuations, there could be some
variance between the amount initially debited against my credit card and
the amount refunded within 7 days after the expiration of the rental
period. I release Derby Motor Homes from any liability for such variation.
5. My Warranties
I warrant that all information supplied by me to Derby Motor Homes in
connection with this agreement is true.
6. Vehicle Damage - Insurance Cover
I am aware that;
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The Vehicle is insured for damage to the Vehicle and the property of
a third party;
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I will have to pay an excess for any damage. The insurance excess is
£1000.00.
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I will not have any insurance cover and I will be responsible for the
total cost of any damage if I breach any of the terms of this Agreement.
7. Security Deposit
On taking delivery of the Vehicle, I agree to pay the Security Deposit
I irrevocably authorise Derby Motor Homes to deduct from the Security
Deposit any amounts due by me to Derby Motor Homes arising out of this
Agreement.
The security deposit will be refunded by cheque within 7 working days of
the vehicle being returned to the correct location, undamaged, with a
clean interior with a full fuel tank. We reserve the right to retain a
£50.00 soiling fee if the motorhome is not returned with the interior in a
clean condition. Also the toilet and waste water tank must be emptied
prior to the return of the vehicle or an additional £50.00 soiling fee
will be retained.
8. Road Restrictions
All Vehicles may only be driven on sealed / bitumen roads.
I acknowledge that Derby Motor Homes reserves the right at any time, at
its sole discretion, to restrict vehicle movements in certain areas due to
adverse road or weather conditions or any other reasonable cause.
9. Use of the Vehicle
I agree that during the rental period, I will not and will not allow the
Vehicle to be;
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Driven otherwise than in a cautious, prudent and normal manner.
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Used in a manner which could cause damage.
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Driven in a prohibited area or in an area other than the areas indicated
by me to Derby Motor Homes.
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Driven by a person under the influence of alcohol or drugs or with a blood
alcohol level in excess of that permitted by law.
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Left with the ignition key in the vehicle while it is unoccupied.
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Left unoccupied and unlocked.
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Driven by persons: Under the age of 25 years; or Who is not authorised by
law to drive the Vehicle. Particulars of a proposed licensed driver of the
Vehicle are set out under the heading 'Driver Details' in the Motor Rental
Agreement.
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Damaged by: Submersion in water
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Contact with Salt Water
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Used for any illegal purpose for any race, rally or contest
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Used to tow any vehicle or trailer.
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Used to carry passengers or property for hire or reward
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Used to carry more persons than is permitted by any relevant authority or
detailed in the Vehicle manual or on the Vehicle or specified in this
agreement
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Used to carry volatile liquids, gases, explosives or other corrosive or
inflammable material
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Otherwise used in breach of my obligations under this Agreement.
10. Alterations to the Vehicle
I shall not make any alterations or additions to the Vehicle without the
prior written consent of Derby Motor Homes.
11. Pets & smoking
Derby Motor Homes will not allow smoking of any kind in the vehicle.
Derby Motor Homes operate a no pets policy.
12. Passengers
Derby Motor Homes authorises the use of these vehicles up to the stated
number of passengers. Each person to use the safety restraints provided at
all times whilst vehicle is in motion.
13. Maintenance
I shall take all reasonable steps to properly maintain the Vehicle,
including oil checks, water and batteries.
I acknowledge that Derby Motor Homes will reimburse me for expenditure up
to GP£40.00 reasonably incurred in rectifying any mechanical failure to
the drive train and engine of the Vehicle ( not including the water
system, refrigerator, heating, audio and DVD equipment ) Provided That:
I produce relevant receipts:; and I have received the prior consent of
Derby Motor Homes; The damage is not due to my fault or my breach of this
Agreement.
Subject to the terms of this agreement, I will pay for the cost of
repairing or replacing tyres damaged during the Rental Period (not
including punctures) PROVIDED THAT Derby Motor Homes will reimburse me for
expenditure reasonably incurred if; I produce relevant receipts;
The tyre is defective and is returned by me to Derby Motor Homes for
inspection; and The manufacturer accepts liability under his warranty,
I will be liable for any costs associated with the incorrect use of fuel (
fuel being diesel or petrol).
14. Responsibility when accident occurs
In the event of any accident, loss or damage arising out of the use of the
vehicle, I will Notify
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Derby Motor Homes within 24hrs of the happening of the event
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Obtain the names and addresses of third parties and any witnesses and
report the event to the nearest police station;
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Complete a European accident report form as supplied;
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Not make any admission of liability to other parties, settlement offer or
other like offer;
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Assist Derby Motor Homes in handling any claim arising from any event,
including providing all relevant information and attending Court to give
evidence.
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I acknowledge that the excess or other amount due by me in respect of any
damage arising from an accident, loss or damage is payable at the time of
reporting the event and not at the completion of the rental period.
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I will pay for any costs relating to the delivery of a change over vehicle
as a result of an accident regardless of which party is at fault.
15. Terminating the Agreement
I acknowledge that Derby Motor Homes 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;
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I am in breach of any term of this Agreement;
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I have obtained the Vehicle through fraud or misrepresentation;
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The Vehicle appears to be abandoned
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The Vehicle is not returned on the agreed return date or Derby Motor Homes
reasonably believes that the Vehicle will not be returned on the agreed
return date;
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Derby Motor Homes 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.
16. Change of Vehicle
Derby Motor Homes reserves the right, at its absolute discretion, to
substitute a comparable or superior Vehicle for the Vehicle. In that
event, I shall not be liable for any increased rental or other charges
save for any addition running costs pertaining to the substitute vehicle.
Such substitution shall not entitle me to any refund and does not
constitute a breach of this Agreement.
17. Release and Indemnity of Derby Motor Homes
Subject to its obligation to deliver the Vehicle or an appropriate
substitute vehicle, I release Derby Motor Homes, 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:
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Any loss or damage caused by breakdown, mechanical defect, accident or the
Vehicle being unsuitable for my purpose;
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Any loss or damage to any property left in or on the Vehicle, in any
service vehicle or on any Derby Motor Homes premises or recovered or
handled by Derby Motor Homes.
Subject to any insurance arrangements agreed with Derby Motor Homes, I
hereby indemnify and shall keep indemnified Derby Motor Homes, 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
18. Title to Vehicle
I acknowledge that Derby Motor Homes retains title to the Vehicle and that
I possess the goods as a mere bailee only. I do not have any right to
pledge Derby Motor Homes credit in connection with the Vehicle and agree
not to do so. I shall not agree, attempt, offer or purport to sell,
assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part
with or attempt to part with the personal possession of or otherwise deal
with the Vehicle.
19. Changes
Any changes to this agreement must be in writing and must be signed on
behalf of Derby Motor Homes and by me.
20. Proper Law
This agreement shall be governed by the law of Great Britain in which this
agreement was signed.
21. 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. Derby Motor
Homes reserves the right to add or amend any rental charges without prior
notice.
Derby Motor Home Rental reserve the right to adjust hire rates at any
time. Quotes will be valid for two weeks unless a holding deposit is paid.
The price will then be fixed at the agreed rate as detailed on your
confirmation of booking and invoice
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