‘I’, ‘me’, ‘my’, ‘you’, and ‘your’ refers jointly and severally to the person or persons who are Customers.
‘This Agreement’ means together the ‘Hire Schedule’’, the ‘Drivers Declaration’ and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and NMR’s advertising literature / communication these Terms and Conditions apply.
‘Balance’ means the outstanding monies which make up the Hire Charge.
‘Booking Deposit’ means a non-refundable deposit payable at the time of booking this will be £150 or 20% of the total hire whichever is higher.
‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hire Schedule’ and any person who pays any customer’s charges , who is ultimately responsible for the Vehicle. Should the person who pays any charges / fees be different from the driver then full name, address and contact phone numbers of both must be supplied.
‘Drivers Declaration’ means a signed statement of fact about all Drivers ‘Drivers’ means those people named on the Declaration insured to drive the Vehicle.
‘Handover Checklist’ means the itinerary and other checklists completed by the Customer and NMR
‘Hire Charge’ means monies to be paid excluding the Security Deposit.
‘Hire Schedule’ means the stated facts and services contained in the booking form and the amount payable and when by the Customer for the hire of the vehicle.
‘Hire Period’ means the period for which you have agreed to hire Vehicle as stated on the
‘Hire Schedule’ or any agreed variation thereof and any additional period during which the Vehicle remains in the Customer’s possession or control.
‘Living Equipment’ includes but is not limited to, TV DVD player and aerial, oven, fridge,radio/CD player, crockery, cutlery, cooking utensils.
‘Overhead damage’ is deemed as any damage sustained to any part of the Vehicle, its equipment and /or any third party property which is damaged over 6 feet (1.83 meters) in height measured from the ground upwards.
‘NMR’, ‘us’, ‘our’ and ‘we’ means Rachel & Matthew Neasham trading as Neash Motorhome Rental.
‘Security Deposit’ means the refundable amount held by NMR as specified in the ‘Hire Schedule’ as security in relation to this hire.
‘Vehicle’ means the vehicle as stated on the Hire Schedule 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 NMR.
Please read these conditions carefully. By firstly signing and ultimately by accepting the vehicle you will be deemed to have read, understood and agreed to ALL these conditions. No additions, alteration or subtraction of these conditions shall bind us unless they are expressly accepted in writing by us, or a person authorised by us, to sign on our behalf.
1. Hire rates quoted on the Hire Schedule include
1.1 unlimited miles;
UK standard vehicle insurance (see 1.2)
UK standard equipment & breakdown.(see 1.3)
1.2 Insurance loading: in some cases additional insurance charges will be applicable, such as if the driver to be insured has a traffic conviction, has had more than 1 insurance claim or is in an occupation which is deemed high risk. These charges will be passed onto the Customer.
1.3 NMR will supply full breakdown cover in respect of any mechanical faults to the base chassis of the Vehicle. Any call out charges necessitated by the Customer through operator error, e.g. a flat battery, wrong or insufficient fuel, keys locked in Vehicle etc will be the responsibility of the Customer.
- BOOKING CONFIRMATION AND PAYMENT
2.1 The Hire Charge is based on the price agreed upon and recorded in writing at the time of booking. An initial deposit payment of £150 or 20% of the total hire whichever is higher (Booking Deposit) is required to be received to confirm the booking. Even if a written or verbal booking is agreed, until such a payment is received, NMR reserve the right to accept the booking of an alternative hirer who has made a Deposit payment. NMR’s Terms and Conditions , including cancellation policy, apply from this point onwards and confirmation email will be issued.
2.2 This deposit is non-refundable.
2.2 We are under no obligation to accept any booking.
2.3 The Balance of the Hire Charge is payable six weeks prior to the start date of the Hire Period, or at the time of booking if you book less than six weeks from the start date of the Hire Period.
2.4 NMR reserves the right to cancel the booking if the Balance and Security Deposit are not received by their due dates.
2.5 Hire Charge payment is to be made via bank transfer in Pounds Sterling.
2.6 The Vehicle will not be released to the Customer without all payments being received in cleared funds.
3 CANCELLATION CHARGES
All cancellations must be notified in writing but please call us immediately to inform us.
3.1 More than six weeks before hire date booking deposit can be reused on alternative hire period, (Booking deposit is non refundable) booking can only be moved once.
3.2 Six to two weeks before hire 50% of total hire charge will be charged.
3.3 Cancel within 14 days of your check in date or no show 100% of the hire price will be charged. (A No Show is deemed as the customer not presenting themselves on the first day of the rental period to collect their motorhome and not communicating to NMR prior to this date that will be collecting the vehicles on an alternative date/time within the booked rental period. Should the hire be deemed a No Show, the booking will be automatically cancelled at close of business that day, the vehicle will be released for re-hire and no refunds what so ever will be due).
3.4 If you arrive and decide to finish your rental early, there is no refund.
For the avoidance of doubt, NMR will allow the booking to be rescheduled once subject to availability if cancelled after booking confirmed and prior to payment of the balance. NMR reserves the right to amend its cancellation policy at anytime.
Customers are advised to check their own travel insurance in the event of cancellation by the hirer.
4.1 Bedding sets upto maximum capacity £20.00 (per rental) If on return these are stained and require specialist cleaning, a surcharge will be incurred.
4.2 Outside Furniture £15 (per hire).
4.3 Awning £100 (per hire).
4.4 Additional driver: £5.00 per person per day: such drivers must hold a clean driving licence (max 2)
4.5 Points on licence (UK licences only) £1.00 per point per day. Convictions with the following codes may not be covered: AC, BA, CD, DD, DG, DR, IN, LC, MR, MS, TT and UT. Please check with NMR if you wish to insure a driver who has any of these endorsement codes on their licence, even if you think they have expired.
Minimum charge term for each extra is 5 days, maximum charge is 21 days, after which time no further daily charge is made.
5 EUROPEAN TRAVEL
5.1 For those travelling within Europe (outside of the UK) there is an additional charge of £10.00 per day for European cover (including European roadside assistance). European cover is mandatory and you will be in breach of these Terms and Conditions should you take a Vehicle into Europe without taking out the additional European cover. Minimum charge for European cover is for 7 days, subject to clause 2, maximum charge is for 21 days.
5.2 The following countries are covered by the European travel insurance:
Austria Belgium Denmark Finland France Germany Greece Hungary Italy Luxembourg Netherlands Norway Poland Portugal Spain Sweden Switzerland
5.3 Travel outside of those countries listed in clause 5.2 above will be a breach of these Terms and Conditions and you will not be covered by any insurance. Please check your route carefully and ensure it does not go outside countries.
6 VEHICLE COLLECTION AND RETURN
6.1 Collection timings will be agreed during the booking process (normally after 14.00). To make the most of your Hire period, there needs to be a detailed handover, which includes the hot water system, central heating, electrics, toilet facilities etc. It is your responsibility to not depart until you are 100% certain that you are competent to drive and operate the vehicle properly without the risk of damage.
6.2 Return Please bear in mind that once you finish your hire, there will probably be someone else due to collect on the same day, so it is important that vehicles are returned at or before the agreed time (normally before 11am). This gives sufficient time to prepare for the next hirer. You must ensure that the vehicle is returned to the pick up location exactly as you picked it up (apart from normal wear and tear): with a full tank of fuel and LPG (see clause 10). Empty waste water and toilet cassette and the interior clean and in the same condition as they left the depot, otherwise a charge will be made for additional Valeting and or Upholstery cleaning. In addition a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return. Please see section 10, Rental and other charges for further details.
Please allow an hour for the return so the Vehicle can be checked back in.
6.3 Lost property: It is the hirers responsibility to make sure that upon return of the motorhome all your personal possessions & rubbish are removed from the vehicle. The vehicle may be going back out again on hire that same day, NMR cannot be held responsible should an item be left on board. NMR will do our utmost to contact the hirer if items are handed in, these items will only be stored for 2 weeks before disposal/charity.
6.4 Late Return If you fail to return your hired vehicle at the agreed time and location you must advise NMR immediately. Failure to advise may result in prosecution for driving whilst uninsured. Late return could result in charges of £50 per hour overdue, which will be taken from Your Security Deposit, however, early returns do not qualify for a refund.
7 VEHICLE SYSTEMS
NMR will carry out a full Handover Checklist (HC) on every Vehicle before the commencement of the hire. The HC involves testing every system on board the Vehicle to ensure it is operating correctly. In conjunction with the HC the Customer will be taken on a tour of the Vehicle and shown how each system works. Should an onboard system fail during the hire period, NMR will make every effort to remedy the fault whilst you are away. In some circumstances this may not be possible and NMR cannot be held responsible and will not refund any monies should a loss of service be encountered,,nor have any obligation to provide a replacement vehicle. In the case of winter hire (see clause 1), NMR will not and cannot be held responsible in the event of any damage or inconvenience caused by freezing conditions. Any such damage is the responsibility of the Customer.
Our Vehicle(s) are tracked and monitored for speed, location and alarm activations.
8 VEHICLE ACCEPTANCE
8.1 The Customer acknowledges having received the Vehicle in a clean condition and in sound working order in accordance with the Vehicle Handover Checklist and with a full diesel tank, full LPG gas bottle and ⅓ full water tank.
8.2 The Customer acknowledges that NMR will not refund any monies if the Vehicle is returned or the Customer ceases to have use of the Vehicle or an item of Living Equipment on the Vehicle prior to the return date for any reason e.g. accident, weather, theft or damage.
9 VEHICLE AVAILABILITY
Occasionally the Vehicle may not be available as agreed through unforeseeable circumstances. If your booking has to be cancelled because the vehicle that you booked is no longer available, we will endeavour to source and offer you the choice of an alternative vehicle. This may be of similar size to the vehicle booked or larger, and will be similarly equipped. In this event, you will not be liable for higher rental charges. If a smaller vehicle is offered and accepted, the difference in charges will be refunded. If a larger vehicle is offered, we are not liable for additional expenses e.g. higher ferry charges, fuel costs and road tolls. Apart from as mentioned in this condition no liability will be accepted for any expenditure (including increased travel expenses to the vehicle) should you agree to the hire of the alternative vehicle.
Such substitution shall not entitle the Customer to any refund and does not constitute a breach of this agreement.
In the event of the suitable alternative vehicle being unavailable the Customer shall be entitled to a full refund of all monies, NMR would no longer have any further liabilities.
10 RENTAL AND OTHER CHARGES
The Customer will pay NMR:
a) all rental charges (including the Booking Deposit);
b) the Security Deposit;
c) an administration fee of £25.00 per amendment of a confirmed booking or penalty charge notice received;
d) the valeting fee and or upholstery cleaning fee (not less than £75) if the Vehicle is not returned with the interior in a clean condition;
e) an additional fee of £75.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle;
f) further fees will be applied if the Awning and or the Gas BBQ (including all component parts for both or either) are not returned dry, suitably cleaned and tidy.
g) the cost to replace/repair any ‘Living Equipment’ items.
h) the cost of refilling the diesel and/or the LPG tanks should either tank not be returned completely full as follows:
3/4 to full = £75.00
1/2 to 3/4 full = £90.00
1/4 to 1/2 full = £120.00
empty to 1/4 full = £140.00
- £40.00 regardless of level;
i) a late fee of £50.00 per hour should the Vehicle be returned after the agreed time as stated on the Rental Agreement;
j) a cancellation fee in the event of cancellation of this agreement prior to acceptance or delivery of the Vehicle;
k) the cost of any damage or missing items to the Vehicle or third party property, subject to the insurance.
l) all government fees and duties, including Excise or Immigration seizing the Vehicle
m) all parking fines, other fines or penalties and associated administration costs, incurred in relation to the Vehicle during the hire period.
n) any other fees or charges payable by the Customer pursuant to this agreement. This includes any costs incurred by NMR as a result of any breach by the Customer of the terms of this agreement.
o) demurrage: the daily rental rate for the period the Vehicle is off fleet, for example for accident repairs.
p) any additional costs over and above the Security Deposit value should damages exceed the Security Deposit value.
q) the cost to recover a Vehicle.
In the case of negligence NMR reserves the right to recover full costs in order to return the Vehicle to the state in which it was handed to the Customer at the start of the Rental Period.
11 ERROR IN RENTAL CHARGE
Total charges as set out in the Rental Agreement are not final if the customer requests additional items or services. The Customer will pay any shortfall in charges to NMR and will receive a refund for any overcharge acknowledged by NMR.
12 SECURITY DEPOSIT
The Customer agrees to pay a ‘Security Deposit’ prior to the commencement of the Hire Period. This sum is subject to conditions and will be agreed at the time of booking. At the point of hire you will be required to fill in and sign a ‘handover sheet’ which gives a comprehensive description of vehicle condition at time of collection. On return the vehicle will again be inspected by the Customer and NMR and any damage or losses will be noted and reasonable costs will be deducted from the Security Deposit. Costs will also be taken to pay or part-pay for any loss or damage suffered as a result of your breach of these Conditions (in particular you are referred to Condition 10) or to cover the insurance excess on the insurance policy should it be necessary to claim on the insurance policy.
12.1 Subject to clauses 3.1, 12.4, 12.5, 23.4 and 27.2, there is a minimum refundable £1,000.00 (one thousand pounds) Security Deposit payable by bank transfer, credit or debit card 7 days prior to hire commencement. Any card should be in the lead driver’s name and the amount will be debited from your account immediately. Pre-paid currency cards will not be accepted. NMR reserves the right to increase the Security Deposit in certain circumstances or for specific events, e.g. World Cup events, festivals, Customers travelling with pets or for any other hire where the Vehicle is carrying 4 or more adults. If the Security Deposit is paid in cash the amount payable is £1,500.00. Cheque payments are not accepted against the Security Deposit.
12.2 The Customer agrees to pay the Security Deposit no later than 7 days before the hire commences.
12.3 The Customer irrevocably authorises NMR to deduct from the Security Deposit any amounts due by the Customer to NMR arising out of this agreement.
12.4 The Security Deposit will be refunded within 7 days of the Vehicle being returned as per the criteria set out in clause 6.2, provided there are no outstanding insurance claims. It will not be refunded on return of the Vehicle. If the Security Deposit was paid in cash, this will be refunded by bank transfer or cheque. The 7 days does not include any time taken by the issuing bank or card merchant service provider to return the fee to the customers account.
12.5 Should any damages exceed the Security Deposit the Customer will be responsible for settling all additional costs over and above the Security Deposit value within 7 days of the hire end date as specified in the Rental Agreement.
13 USE OF THE VEHICLE
The Customer agrees that only those drivers named on the Drivers Declaration will drive the Vehicle during the hire period.
The Customer agrees that during the Rental Period, the Vehicle will not 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 to NMR;
- 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 (invalidates insurance)
- left open while it is unoccupied;
- left unoccupied without supplied security devices in place, e.g.alarm or the steering wheel security lock applied;
- driven by persons
- under the age of 25 years;
- who are not authorised by law to drive the Vehicle. Particulars of proposed licenced drivers of the Vehicle are set out under the heading ‘Driver Declaration’ on the Rental Agreement;
- damaged by:
- submersion in water;
- contact with salt water;
- used for any illegal purpose for a race or 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 are permitted as detailed in the Vehicle manual or on the Vehicle;
- used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
- otherwise used in breach of any obligations under this agreement.
14 ROAD RESTRICTIONS
14.1 Vehicles may only be driven on sealed/ bitumen roads.
14.2 The Customer acknowledges that NMR 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.
15 ALTERATIONS TO THE VEHICLE
The Customer shall not make any alterations or additions to the Vehicle without the prior written consent of NMR.
16 TITLE TO VEHICLE
16.1 The Customer acknowledges that NMR retains title to the Vehicle and its contents and that the Customer possesses the Vehicle and Living Equipment as a bailee only.
16.2 The Customer does not have any right to pledge NMR credit in connection with the Vehicle and agrees not to do so. The Customer shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with possession of the Vehicle.
All NMR Vehicles are strictly non-smoking. NMR reserves the right to impose additional valeting and/or upholstery cleaning fees (minimum £250) and charge demurrage should smoke be detected in the Vehicle.
NMR authorises a stated number of passengers in the use of Vehicles. Each person must use the safety restraints provided at all times whilst the Vehicle is in motion.
The Customer will not allow any animals to be carried in the Vehicle unless;
19.1 prior written consent has been obtained from NMR.
19.2 an increased security deposit is paid (see section: 12, Security deposit),
19.3 they are not left in the vehicle unattended.
19.4 they are not allowed on any of the soft furnishings or upholstery (this includes the beds, seats/sofas)
19.5 the vehicle is returned in a clean and tidy condition as if a pet was never present. Should this not be the case, or any pet hairs are found, cleaning charges and upholstery cleaning charges will apply.
Minimum charge is £100.00.
19.6 you agree to cover the cost of all damage caused by a pet, even if it exceeds the security deposit (see 17, Rental and other charges for further details).
19.7 NMR’s Pet policy is signed and adhered to.
All Drivers must meet the standards as laid out in the Drivers Declaration and in this condition 20. In certain circumstances at NMR’s and their Insurance underwriter’s discretion, these standards can be relaxed. The licence must be unendorsed (except for allowable speeding and parking offences) although at the same discretion the hire may be able to commence even if the licence is otherwise endorsed
20.1 The customer agrees to provide NMR with all necessary details of all the driver(s) so that NMR can deal with the insurance requirements of the Vehicle during the Hire Period. Two forms of proof of identity along with photographic identification (either a passport or photographic driving licence) must be produced by the Customer when requested prior to the start of the Hire Period i.e.: your most recent Utility bills, Bank statements or Credit Card statements.NB these can not be more than 3 months old at the start of hire period. Mobile phone bills are not acceptable.
Should you fail to provide the necessary information or produce the correct documentation in accordance with this Condition 20 the booking may be cancelled under Condition 27. There will be an additional charge to the standard Hire Charge should the licence be foreign or endorsed. This additional charge will be advised to you once your details have been confirmed with the insurers.
- age limits standard insurance: 25 to 70 years;
- maximum of 2 drivers per rental;
- all drivers must have held a valid licence for more than 3 years that entitles them to drive a UK category B vehicle up to 3500kg GMW;
- drivers must be able to demonstrate that they have driven on a regular basis (more than 3 times per week) for at least 3 years and feel confident to drive a vehicle of the dimensions of our Vehicle is (7000 mm long 2340 mm wide and 3200 mm high, not including wing mirrors or bike racks);
- all Vehicles are manual and the driver must have a manual driving licence;
- all drivers must be present at checkout of the vehicle. No exceptions can be made;
- production of a full, valid standard driver’s licence is required;
- if the Customer has a photocard GB licence, NMR requires the photocard and National Insurance number to check licence details on the DVLA’s online system. NMR is unable to insure the Customer if licence details have not been checked;
- if the Customer has a modern Northern Ireland licence NMR requires both the photocard and paper counterparts;
- the Customer’s licence address must be the Customer’s current home address. In addition to the above, NMR requires both a utility bill and bank statement (issued within the last three months before the booking) which has the Customer’s name and current address listed;
- all drivers whose licences are issued outside of the EU are required to supply a valid international driving permit alongside the standard licence at the start of hire. This must be issued in the country where the standard licence was issued and confirm the Customer is able to drive a UK category B vehicle up to 3500kg MAM;
- should any driver fail to present all correct documentation and identification on collection of the Vehicle, or not meet the driver requirements stated in these Terms and Conditions, then NMR will be unable to release the Vehicle and no refunds will be given;
- endorsements on licences: the Customer must declare at the time of booking if there are any endorsements on the Customer’s licence. NMR can accept up to 6 speeding points incurred within the last 3 years (charges apply). For more than 6 points, for any conviction other than for speeding (including the following codes: AC, BA, CD, DD, DG, DR, IN, LC, MR, MS, TT and UT) or for any driver disqualification within the last 5 years NMR may not be able to provide cover;
- insurance claims: the Customer must declare at the time of booking if the Customer has made or had a vehicle insurance claim made against the Customer within the last 3 years. NMR may not be able to provide cover should the Customer have had 2 or more claims within the last 3 years;
- driver occupations: the Customer must declare his occupation on collection of the Vehicle. NMR may not be able to offer cover for the following occupations:
Celebrities, sports personalities, musicians, entertainers, serving foreign armed services personal/embassy employees based in the UK,
students under the age of 30;
- should the driver not disclose that they fulfil one of the above occupations, even in a part time capacity, this will be a breach of NMR’s Terms and Conditions and the Customer will be fully liable;
- drivers are personally liable for all legal penalties (e.g: parking tickets, congestion charges, speeding fines) which are incurred during the period of hire;
- NMR is unable to insure any driver with no fixed abode.
20.2 If NMR have good reason to believe the safety of the Vehicle, its occupants or the general public are compromised, NMR reserves the right to cancel the Hire Period see condition 27.
21 INSURANCE (provided all the personal information supplied is correct)
21.1 The Vehicle is insured for damage to it and the property of a third party, but does not include any personal insurance for the Customer (including death or bodily injury to the driver) or cover for any personal possessions.
21.2 The hire rate quoted includes a standard excess of £1,000.00 per accident or reported incident. In the event of any damage to either the Vehicle or third party property, the Customer will be liable for the first £1,000.00 per claim.
21.3 In the event of the theft of the Vehicle, the hirer will be liable for the full cost of the Vehicle. Once a theft has been reported to both NMR and the police, a claim will be lodged with the insurer. The keys must be returned to NMR. Should the insurer accept the claim and agrees to reimburse NMR for the cost of the Vehicle, the liability to the hirer will reduce to the first GB£1000.00 of the claim (excess). Please note: if the keys are not returned to NMR, the insurer will not accept the claim and liability for the full cost of the vehicle will remain with the hirer.
21.4 Only persons named on the Rental Agreement are insured to drive the Vehicle.
21.5 Please note that no insurance cover is offered for overhead damage, any damage deemed as gross negligence, or any internal damages, therefore the Customer accepts full liability for any such damage, which is in addition to the standard vehicle excess, should that apply. Windscreens and / or tyre damage is not covered by the standard vehicle insurance and is therefore an excess charge.
21.5 If late returning the Vehicle and NMR have not been advised the Vehicle will no longer be insured and would in effect, incur a traffic offence under the road traffic act.
22 VEHICLE DAMAGE – INSURANCE COVER
The Customer is aware that;
- the Vehicle is insured for damage to the Vehicle and the property of a third party, but does not include any personal insurance for the Customer or their possessions;
- the Standard Insurance DOES NOT cover overhead damage. The hirer will be responsible for the cost to repair all damages
- the Customer will have to pay an excess for any insurance claim regardless of which party is at fault for the accident. The insurance excess is £1,000.00 per claim, not per rental;
- the Customer will not have any insurance cover and will be responsible for the total cost of any damage if any of the terms of this agreement are breached;
- the Customer will be responsible for any damage caused through gross negligence.
23 RESPONSIBILITY WHEN ACCIDENT OCCURS
23.1 In the event of any accident, loss or damage arising out of the use of the vehicle, the Customer will:
- Ensure the safety of You and all other road users.
- Make the Vehicle secure.
- notify NMR as soon as practicable and never more than 24 hours later;
- obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station in the event of injury;
- if the accident occurs in Europe, then, in addition, complete a European accident report form;
- not make any admission of liability to other parties, settlement offer or other like offer;
- The Customer agrees to produce an accident report.
- assist NRM in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
23.2 The Customer acknowledges that the excess or other amount due 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, regardless of which party is at fault.
23.3 No responsibility can be accepted by Us for any loss or damage or expense
which occurs as a result of any accident.
23.4 No Security Deposit or insurance excess will be refunded until a claim is settled.
24.1 The Customer shall take all reasonable steps to properly maintain the Vehicle, including checking oil and coolant levels, tyre pressures and batteries.
24.2 You are aware that the vehicle will be supplied with a full tank of diesel and a full tank of gas and that it is your responsibility to replenish these throughout the hire and return these all full otherwise charges will apply. NMR will not be held responsible should you run out of any of these during my hire
24.3 The customer must always protect the vehicle against bad weather which can cause damage.
24.4 The Customer acknowledges that NMR will reimburse a total expenditure of up to £50.00 reasonably incurred in rectifying any mechanical failure to the drivetrain and engine of the Vehicle (not including the water system, refrigerator, heating, audio, wifi and DVD equipment) provided that:
a) relevant receipts are produced, and
b) NMR has given consent to such rectification, and
c) the damage is not due to the Customer’s negligence or is a breach of this agreement.
24.5 Subject to the terms of this agreement, the Customer will pay for the cost of repairing or replacing tyres damaged during the Rental Period. NMR will reimburse the Customer for expenditure reasonably incurred if:
a) the tyre is defective and is returned to NMR for inspection; and
b) relevant receipts have been produced to NMR; and
c) the manufacturer accepts liability under its warranty.
24.6 The Customer will be liable for any costs associated with the incorrect use of fuel.
All NMR Vehicles run on diesel.
24.7 The Customer will be liable for any costs associated with allowing the engine oil, coolants to run empty and cause damage to the vehicle’s engine
25 CREDIT AND DEBIT CARD PAYMENTS
25.1 Visa card and Mastercard credit cards only. All debit cards are accepted.
25.2 When payment is made by debit or credit card, the Customer agrees that:
a) NMR is irrevocably authorised to complete any documentation and to take any other action to recover from the Customer’s credit or debit card issuer all amounts due by the Customer pursuant to this agreement, including but not limited to those outlined in clause 10;
b) the Customer will not dispute liability to NMR for any amount due under this agreement and will indemnify and keep indemnified NMR against any loss incurred (including legal costs) by reason of notifying the credit or debit card issuer of such dispute;
c) the Security Deposit will be cancelled within 7 days after the completion of the Rental Period, as per clause 12. The Customer agrees that NMR is entitled to recover payment from the Customer’s credit or debit card issuer pursuant to clause 25.2(a) and (b), in respect of any amounts due which were not known at the time of cancelling the Security Deposit.
25.3 The Customer acknowledges 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 the Customer’s credit or debit card and the amount refunded within 7 days after the expiration of the Rental Period. The Customer accepts all liability for such variation.
26 PAYMENT OF CHARGES, JOINT AND SEVERAL LIABILITY
All charges and expenses payable by the Customer under this agreement are due on demand by NMR. If the Customer does not pay all charges on the due date, the Customer agrees to pay interest at 4% per month above the base rate of Bank of England on the outstanding balance and any additional costs incurred by NMR, including reasonable legal fees, to recover the outstanding money owed. 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.
27 TERMINATING THE AGREEMENT
27.1 The Customer acknowledges that NMR may terminate this agreement and repossess the Vehicle at any time, without prior notification to the Customer, and the Customer will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
a) any deposits, balances and security deposits are not paid on time;
b) there has been a breach of any term of this agreement;
c) the Vehicle has been obtained through fraud or misrepresentation;
d) any statement, representation or warranty made by the Customer in respect to himself or additional drivers is incorrect;
e) The driver(s) licence(s) are /become invalid;
f) the Vehicle appears to have been abandoned;
g) the Vehicle is not returned on the agreed return date or NMR reasonably believes that the Vehicle will not be returned on the agreed return date;
h) NMR considers, on reasonable grounds, that the safety of passengers or the condition of the Vehicle is in danger.
The Customer understands that in the event of such termination or repossession, there is no right to a refund of any part of the rental charges or the Security Deposit.
Should the hire be cancelled / terminated under any of the above Conditions, we have no further liability.
28 Release and indemnity of NMR
Subject to its obligation to deliver the Vehicle, or an appropriate substitute vehicle, the Customer releases NMR, its employees and agents from any liability (regardless of who is at fault) for any loss or damage incurred by the Customer, including but not limited to:
a) any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
b) any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any NMR premises or recovered or handled by NMR.
Any vehicle that you park at Our premises is parked safely and absolutely at your own risk.
You are strongly advised to take out personal travel insurance to cover against termination of hire due to the unlikely event of an accident or breakdown.
Any changes to this agreement must be in writing and must be signed on behalf of NMR and by the Customer.
30 FORCE MAJEURE
NMR will make every effort to ensure that the reserved Vehicle is available for the Customer at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Vehicle is not available, NMR’s liability is limited to the refund of all monies paid by the Customer.
You are strongly advised to insure against unavoidable cancellation
31 CUSTOMER WARRANTIES
The Customer warrants that all information supplied to NMR in connection with this agreement is true and not misleading.
32 PROPER LAW
This agreement shall be governed by the law of England. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
33 DATA PROTECTION ACT
The information provided by the Customer to NMR will be used to fulfil this agreement. NMR will not pass this information onto any other organisations other than required to assist with the hire including but not exclusively
- for on road vehicle assistance for example vehicle recovery/breakdown providers and repair workshops;
- to our insurer;
- to the police, local authorities, councils or DVLA if we suspect or are notified that a road traffic offence/ contravention has occurred;
- to local authorities, councils and private parking companies if we suspect or are notified that you breached private parking terms and conditions, dart and congestion charges;
- To insurance companies if we suspect or are notified of an incident with a third party;
- to the police, DVLA and Customs and Port authorities if we suspect or are alerted to criminal activity
- Our bank or merchant provider in line with transactional processing;
- You are in breach of our agreement in which case we may notify the BVRLA’s RISC database, police, our solicitors, debt collection agencies, credit reference agencies and any other relevant organizations;
- It is otherwise authorised under the Data Protection Act.
By entering into this agreement, you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle which may include your location(s) from our vehicle tracking system and also diagnostics (telematics). We may use your information to analyse statistics, for market research, credit control and to protect our assets.
You agree that if you break the terms of this agreement we can pass your personal information to any relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.
Any complaints should be received in writing within 7 days of the Vehicle being returned from the Hire Period.
Any notice required to be given under these Conditions should be sent by prepaid first class post or facsimile or e-mail to that party’s registered office or to its last known address.
If any provision of these Conditions is held to be void, illegal or unenforceable under any enactment or rule of law such term or provision shall to that extent be deemed to not form part of these Conditions but all other provisions of these Conditions shall remain in full force and effect.
37 ENTIRE AGREEMENT
This agreement (and the documents referred to in it) constitutes the entire agreement between the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement.
NMR reserves the right to add or amend the Vehicle specifications and rental charges without prior notice.
By signing the Customer agrees that the above Terms and Conditions have been read and are accepted and that they together with the Rental Agreement form a legally binding contract between the Customer and NMR.