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
Erne Campervans literature, the provisions of
these Terms and Conditions apply.
'Erne Campervans'
Means Erne Campervans owned by Mr Jim &
Mrs Catherine Maguire.
'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.
'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 Erne Campervans.
'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:
Pick up times are 2.00pm -6.00pm onwards and
return time between 10.00am - 11.00am.
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 one full gas bottle.
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 Erne Campervans 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 Erne Campervans:
All rental charges.
The security deposit.
The nominated cleaning fee of £50.00
if the Vehicle is not returned with the interior
in a clean condition.
The nominated additional fee of £50.00
if the toilet and waste water tank are not emptied
prior to the return of the Vehicle.
The nominated cancellation fee in the event
of cancellation of this agreement prior to acceptance
of delivery of the vehicle.
The cost of any damage to the Vehicle or the
property of any third party.
All government fees and duties etc.
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.
Any other fees or charges payable by me pursuant
to this Agreement. This includes any costs incurred
by Erne Campervans as a result of any breach
by me of the terms of this Agreement.
The daily rental rate for the period the Vehicle
is off fleet for accident repairs (demurrage).
The cost to recover a Vehicle which has become
bogged.
4. Errors in Rental Charges
Total charges as set out therein are not final.
I will pay any shortfall in charges to Erne Campervans
and I will receive a refund for any overcharge
acknowledged by Erne Campervans.
5. Payment of Charges Joint and Several Liability
All charges and expenses payable by me under
this Agreement are due on demand by Erne Campervans.
If I do not pay all charges when due, I agree
to pay a late charge of 1.5% per month on the
outstanding balance and any collection costs incurred
by Erne Campervans, including reasonable legal
fees. When the Customer comprises of more than
one person, each person is liable jointly and
severally for all obligations of the customer
pursuant to this Agreement.
6. Credit Card Payment
Erne Campervans will accept payment by credit
cards approved by Erne Campervans subject to a
2% additional charge.
When payment is paid by credit card, I agree
that;
Erne Campervans 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 Erne Campervans
for any amount due under this agreement and
I shall indemnify and keep indemnified Erne
Campervans against any loss incurred (including
legal costs) by reason of notifying my credit
card issuer of such dispute.
Erne Campervans may process the credit card
voucher; in the event that Erne Campervans 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 Erne Campervans 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 Euro. 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 Erne Campervans from any liability
for such variation.
7. My Warranties
I warrant that all information supplied by me
to Erne Campervans in connection with this agreement
is true.
8. Vehicle Damage - Insurance Cover
I am aware that;
The Vehicle is insured for damage to the Vehicle
and the property of a third party;
I will have to pay an excess for any damage.
The insurance excess is £1000.00.
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.
9. Security Deposit
On taking delivery of the Vehicle, I agree to
pay the Security Deposit.
I irrevocably authorise Erne Campervans to deduct
from the Security Deposit any amounts due by me
to Erne Campervans arising out of this Agreement.
The security deposit will be refunded within
7-10 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.
10. Road Restrictions
All Vehicles may only be driven on sealed /
bitumen roads.
I acknowledge that Erne Campervans 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.
11. Use of the Vehicle
I agree that during the rental period, I will
not and will not allow the Vehicle to be;
Driven otherwise than in a cautious, prudent
and normal manner.
Used in a manner which could cause damage.
Driven in a prohibited area or in an area other
than the areas indicated by me to Erne Campervans.
Driven by a person under the influence of alcohol
or drugs or with a blood alcohol level in excess
of that permitted by law.
Left with the ignition key in the vehicle while
it is unoccupied.
Left unoccupied and unlocked.
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.
Damaged by:
Submersion in water.
Contact with Salt Water.
Used for any illegal purpose for any race,
rally or contest.
Used to tow any vehicle or trailer.
Used to carry passengers or property for hire
or reward.
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.
Used to carry volatile liquids, gases, explosives
or other corrosive or inflammable material.
Otherwise used in breach of my obligations
under this Agreement.
12. Alterations to the Vehicle
I shall not make any alterations or additions
to the Vehicle without the prior written consent
of Erne Campervans.
13. Pets & Smoking
I will not allow smoking of any kind in the
vehicle. If I wish to travel with pets I will
only allow pets into a dedicated pet vehicle (which
needs to be specified at the time of booking)
and is subject to an additional £50.00 valeting
charge.
14. Passengers
Erne Campervans 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.
15. Maintenance
I shall take all reasonable steps to properly
maintain the Vehicle, including oil checks, water
and batteries.
I acknowledge that Erne Campervans will reimburse
me for expenditure up to £30.00 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 Erne Campervans;
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 Erne Campervans will
reimburse me for expenditure reasonably incurred
if;
I produce relevant receipts;
The tyre is defective and is returned by me
to Erne Campervans 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).
16. Responsibility when accident occurs
In the event of any accident, loss or damage
arising out of the use of the vehicle, I will:
notify Erne Campervans within 24hrs of the
happening of the event;
Obtain the names and addresses of third parties
and any witnesses and report the event to the
nearest police station;
Complete a European accident report form as
supplied;
Take photographs at the scene;
Not make any admission of liability to other
parties, settlement offer or other like offer;
Assist Erne Campervans in handling any claim
arising from any event, including providing
all relevant information and attending Court
to give evidence.
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.
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.
17. Terminating the Agreement
I acknowledge that Erne Campervans 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;
I am in breach of any term of this Agreement;
I have obtained the Vehicle through fraud or
misrepresentation;
The Vehicle appears to be abandoned;
The Vehicle is not returned on the agreed return
date or Erne Campervans reasonably believes
that the Vehicle will not be returned on the
agreed return date;
Erne Campervans 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.
18. Change of Vehicle
Erne Campervans reserves the right, at its absolute
discretion, to substitute a comparable 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.
19. Release and Indemnity of Erne Campervans
Subject to its obligation to deliver the Vehicle
or an appropriate substitute vehicle, I release
Erne Campervans, 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:
Any loss or damage caused by breakdown, mechanical
defect, accident or the Vehicle being unsuitable
for my purpose;
Any loss or damage to any property left in
or on the Vehicle, in any service vehicle or
on any Erne Campervans premises or recovered
or handled by Erne Campervans.
Subject to any insurance arrangements agreed
with Erne Campervans, I hereby indemnify and shall
keep indemnified Erne Campervans, 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.
20. Title to Vehicle
I acknowledge that Erne Campervans retains title
to the Vehicle and that I possess the goods as
a mere bailee only. I do not have any right to
pledge Erne Campervans 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.
21. Changes
Any changes to this agreement must be in writing
and must be signed on behalf of Erne Campervans
and by me.
22. Proper Law
This agreement shall be governed by the National
Law in which this agreement was signed.
23. 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. Erne
Campervans reserves the right to add or amend
any rental charges without prior notice.
Erne Campervans 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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