NEASH LIMITED trading as Niche Motorhome Hire
Hirer: Neash Limited , registered with company number 12805178 (Trading as Niche Motorhome Hire NHM/ Hirer, us, we, our)
Damage Deposit: £1000 damage deposit, to be paid by a designated driver to the Hirer no later than seven days prior to the Collection Date, or upon demand, by Credit/Debit Card.
Insurance Terms: Please refer to our Insurance Terms document.
Restrictions and Limitations (if applicable): Excess: £1,000 per accident or incident.
Other terms to note: Your attention is specifically drawn to the following clauses in Hire Terms: 9,10 and 11.
Covid 19 Cancellation Policy
Please note: if you are unable to hire the Vehicle for the Purpose of Hire due to travel restrictions put in place by the government due to Covid 19 we will refund you the sums you have paid, provided the Hire Period has not commenced. We will not have any further liability to you.
- NMH’s contract with you as the Customer (Contract) is made up of the following:
(a) A Booking Form;
(b) Our Hire Terms;
(c ) The Driver Declaration;
(d) The Insurance Terms; and
(e) Our “How To Guides” advised by us from time to time.
- If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
Our Hire Terms
- These terms
- What these terms cover. These are the terms and conditions on which we hire the Vehicle, together with any other goods or services we supply as part of our Contract with you.
- Why you should read them. Please read these terms carefully before you sign the Booking Form. These terms tell you who we are and the terms and conditions on which we hire our vehicles to you, together with other terms and conditions which relate to the supply of other goods and services, including how you and we may change or end the contract, what to do if there is a problem and other important information.
- Definitions in these terms. Where we refer to capitalised terms, they will have the same meanings as set out in the Booking Form unless we state otherwise. In these terms the following words shall have the following meanings:
Driver Declaration: declaration(s) signed by the proposed driver(s) of the Vehicle immediately prior to the Collection Date.
Excluded Damage: any damage sustained to the Vehicle, any equipment forming part of the Vehicle or any third party property at a height of over 6 feet (1.83 meters) when measured from the ground upwards.
Inventory: an inventory of fixtures, fittings and contents in the Vehicle which we will issue to you on the Collection Date and which are included as part of the hire of the Vehicle during the Hire Period.
Return Costs: costs and expenses which we may suffer or incur on the return of the Vehicle (including the Inventory), or any of the Vehicle systems by reason of the Vehicle or the Inventory not being in the same state and condition to that which it was in on the Collection Date. Such costs and expenses include but are not limited to any damage, loss, faults or condition (e.g. the Vehicle interior being dirty or the toilet waste not being removed).
- Information about us and how to contact us
- Who we are. We are Neash Limited, a company registered in England and Wales. Our company number and registered office is set out on the Booking Form. We trade as Niche Motorhome Hire.
- How to contact us. If you have any queries you can contact us by telephoning our customer service team at [07385 296053] or by writing to us at [[email protected]].
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your booking. Our acceptance of your booking will take place when we email you a “Booking Confirmation” to accept it, at which point the Contract will come into existence between you and us.
- If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and you will not be charged. This might be because the Vehicle is no longer available and we cannot offer a suitable replacement, we have discovered an error, due to unforeseen events or circumstances beyond our control.
- Price and Payment
- What you agree to pay. You agree to pay the Price and any Extras, together with the Damage Deposit, the Excess (if applicable) and other amounts due under the Contract on the due dates for payment. We may end the Contract if you do not make any payments when due.
- Damage Deposit and Excess. You understand and agree that the Damage Deposit is payable in addition any Excess. Any Damage Deposit received will be refunded within 7 days of the Vehicle being returned, provided the Vehicle is in a state and condition which is satisfactory to us and it is has been refuelled. Your attention is drawn to clauses 9.3 to 9.6 inclusive.
- What happens if you end the Hire Period early. If you decide to end the Hire Period early and return the Vehicle to us, you will not be entitled to a refund of the Price or any Extras unless we have not performed the Contract in accordance with its terms. Please also refer to clause 4.2 above.
- What happens if you do not pay on time. Amongst other things, we may be able to end the Contract with you and charge you interest on any outstanding sums due at the rate of 8% per annum and such interest will accrue daily.
- Vehicles and your personal property
- What is included with the Hire. The Vehicle will be provided with the Inventory on the Collection Date. Bedding, awnings and outside furniture are not included as standard but can be supplied at an additional cost. We reserve the right to “swap” or substitute items set out in the Inventory provided they are suitable as alternatives.
- Vehicle availability. From time to time the vehicle you have booked may not available due to events or circumstances beyond our control. Where this is the case we will where we can, offer you a suitable alternative. If we cannot offer you a suitable alternative you may be able to end the Contract. Please see sections 6 and 7
- Siting/ Parking vehicles. You shall at all times during the Hire Period ensure that that Vehicle is sited or parked on land and in conditions which are suitable. For example on a designated camp site or field.
- Please note that all of our Vehicles are fitted with trackers so that we can ascertain their location at any time.
- Your personal property. You remain responsible at all times for all of yours and your Driver’s/ Guests personal property. We are not responsible nor liable for any loss, damage, costs or expenses you may suffer or incur. In addition, if you leave your own vehicle with us on our land during the Hire Period, we do not accept any responsibility or liability for any loss, damage to or theft of your own vehicle and/or its contents. In other words, you leave your vehicle with us entirely at your own risk.
- Your rights to make changes and cancellation/ ending the Contract
- Changes to the Contract. If you wish to make a change to the Hire Period, wish to change the Vehicle to a different vehicle or make any other changes to the Contract then please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Price and other sums due or paid by you and if applicable, changes to any other terms.
- Changing your mind. You have a period of 14 days to change your mind commencing on the date we issue the Booking Confirmation; this is known as the Cooling Off Period. However, you do not have the right to change your mind if you have collected the Vehicle from us if this occurs within the Cooling Off Period. If you wish to change your mind after the Cooling Off Period has come to an end and you have not collected the Vehicle from us, we may allow you to cancel the Contract subject to payment of the following cancellation charges (as applicable):
- If want to cancel more than 6 weeks away from the Collection Date we will charge you the Deposit;
- If you want to cancel not more than six weeks but not less than two weeks and one day away from the Collection Date, we will charge you 50% of the Price;
- If you want to cancel fourteen days or less away from the Collection Date, we will charge you 100% of the Price.
- Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have the right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
- Tell us if want to end the contract. To end the contract with us please contact us on email at: [[email protected]].
- Your rights to end the Contract. You have rights to end the Contract if:
- we do not provide you with the Vehicle on the Collection Date and there is no suitable alternative vehicle available you will be entitled to a refund of the amounts you have paid and we will not be responsible to you for any other loss or damage;
- we have not complied with our obligations under the Contract.
- Our rights to make changes and end the Contract
- Minor changes. We may change the Vehicle (including the Inventory), or Hire Period to reflect changes in relevant laws and regulatory requirements, or to replace lost stolen, unavailable or damaged items of Inventory
- More significant changes. In addition, if we have to make more significant changes to the Vehicle then you may be able to cancel or end the Contract. Your rights are set out at section 6 above.
- Our rights to end the Contract. We may end the Contract at any time if you provide any information which is untrue, inaccurate, incomplete or misleading and/or you do not comply with the terms of the Contract. Please note: we may be entitled to compensation in such circumstances.
- Vehicle Usage and Ownership
- Ownership and our rights as owner. You acknowledge and agree that at all times we retain ownership of the Vehicle and all the items set out in the Inventory, together with any extras provided to the extent they are not recorded in the Inventory. You will not act or fail to act in such a way which is inconsistent with our rights as owner. For the avoidance of doubt, you will not sell, dispose, encumber, lease, assign, sub-let, part with possession of, mortgage, charge, adapt, modify or otherwise deface the Vehicle. We reserve the right to request the immediate return of the Vehicle and/or request an inspection of the Vehicle where in our opinion you are acting or failing to act in such a way which is inconsistent or detrimental to our rights as owner of the Vehicle.
- Purposes for which the Vehicle may be used. You agree to use the Vehicle only for the Purpose of Hire. You are responsible for ensuring that the Purpose of Hire is suitable and appropriate for your requirements. No other usage is permitted and smoking is not permitted in the Vehicles at any time. For the avoidance of doubt, you are not permitted to use the Vehicle:
- to hold parties or other events;
- as your main home or dwelling;
- to participate in any racing or sporting event;
- carry noxious or dangerous goods, chemicals or gases;
- as a commercial Vehicle; or
- carry cattle or other animals save for the Pets stipulated on the Booking Form (if any).
- Who can drive the Vehicle. Only the Driver(s) may drive the Vehicle. If the Customer is not the Driver(s), the Customer will be responsible for any loss or damage, to the Vehicle caused whilst the Vehicle is being driven by or which is the fault of the Driver which is not covered by insurance as set out at clause 3 below and the Insurance Terms, including but not limited to any Excluded Damage.
- Driver Declaration. If any matter or statement set out in the Driver Declaration is or is discovered to be misleading, untrue, incomplete or inaccurate, we may demand that the Vehicle is returned to us immediately and if we make such a demand you shall return it to us immediately.
- Other terms and conditions applicable to the Driver(s). In addition to the matters set out in the Driver Declaration and the Insurance Terms, the Customer is responsible for ensuring that:
- The Driver(s) are present to collect the Vehicle on the Collection Date;
- The Driver is not under the influence of drink or drugs and is fit to drive the Vehicle at all times during the Hire Period;
- The Driver Declaration is true, complete and accurate and is not misleading in any respect.
- Who may stay in or use the Vehicle. Only the Driver(s), Customer and the Guests may use the Vehicle for the Purpose of Hire. No other third parties are allowed to enter or use the Vehicle without our express prior written consent. The Customer is responsible for all acts or omissions of their Guests and the Driver(s).
- Permitted Mileage and excess mileage. The Booking Form sets out the Permitted Mileage during the Hire Period. If the Vehicle has been used in excess of the Permitted Mileage you will be liable to pay excess mileage in the amounts per mile stipulated on the Booking Form which we may at our discretion, deduct from any Damage Deposit we hold. If the Damage Deposit is not sufficient to cover such charges then any excess mileage will be invoiced by us and will be due and payable within 7 days following the return of the Vehicle.
- Looking after maintaining the Vehicle. The Customer shall be responsible for ensuring that the Vehicle is keep in good condition and repair from the Collection Date up to and including the Return Date and time. The Customer shall ensure that the oil, tyres, coolant levels and batteries are regularly checked and such steps are taken so as to ensure the Vehicle is kept in good condition and good working order.
NMH will be responsible for and liable to pay a total expenditure of up to £50.00 or such other sum as advised by us which we reasonably incur in rectifying any mechanical failure to the drivetrain and engine of the Vehicle (not including the water system, refrigerator, heating, audio, Wi-Fi and DVD equipment) provided that:-
- relevant receipts are produced, and
- NMH has given consent to such rectification, and
- the damage is not due to the Customer’s or the Driver(s) negligence, wilful act or omission or such loss or damage is caused as a result of a breach of the Contract.
- Failure of On board system. If the Vehicle suffers and on board system failure during the Period of Hire which is beyond our reasonable control, we will use reasonable efforts to remedy the faults. Please refer to clause 12.4.
- Vehicle Security. You agree to keep the Vehicle locked and secure with all windows closed at all times when it is unattended.
- Only the Pets specified on the Booking Form are permitted in the Vehicle. You will ensure that at all times the Pets:
- Will not be left in the Vehicle at any time unattended;
- Will not be allowed on any soft furnishings, upholstery, beds or tables.
You will be responsible to pay additional costs and expenses for failing to comply with this clause 8.11 and will pay any cleaning charges on demand if pet hairs, damage or mess is found during the inspection on the Return Date. The minimum cleaning charge is £100.00. We reserve the right to deduct any costs and expenses from the Damage Deposit. If the Damage Deposit is not sufficient to cover any costs and expenses, we may charge you any excess. If we do not hold any Damage Deposit, we may charge you separately. Such costs are due and payable immediately on receipt of any invoice from us.
- Destinations of Travel. You are permitted to travel to and stay at the Destinations of Travel during the Hire Period. You are not permitted to travel to or stay at any other locations without our prior written consent.
- Collection and Returning the Vehicle
- What happens on the Collection Date. One of our representatives will meet you on the Collection Date to hand over the Vehicle to you. We will run through a series of checks with you and give you the Inventory. We will also check with you that the Driver Declaration is still true, complete and accurate.
- What happens if we can’t hire the Vehicle to you. We reserve the right not to hire the Vehicle to you, if any information on the Driver Declaration has changed and/or any information on the Driver Declaration is untrue, incomplete or inaccurate. In such circumstances we will try and hire the Vehicle to a third party for the Hire Period. You will be responsible for and give us permission to deduct and/or retain any sums you have paid to us:
- If we cannot hire the Vehicle to a third party; or
- If we are able to hire the Vehicle to a third party for the Hire Period , any additional costs and expenses we incur by hiring the Vehicle to a third party instead of you.
If we are unable to hire the Vehicle to you because the Vehicle has a fault, defect or is unroadworthy and we are unable to provide you with a replacement vehicle, you will be entitled to a refund of the sums you have paid to us. We will not be liable for any further costs, losses or damages
- Returning the Vehicle on the Return Date. You agree to return the Vehicle to us on the Return Date at the time specified by us. If you fail to do so then you will be charged at an hourly rate of £80 until the Vehicle is returned to us and we will report the Vehicle as stolen to the police if we are not provided with a satisfactory explanation as to why the Vehicle has not been returned on the Return Date at the time specified by us.
- Inspection on Return. The Vehicle, Inventory and for the avoidance of doubt all Vehicle systems will be inspected by us once it has been returned to us. An inspection report will be prepared in writing. You agree to return the Vehicle and the Inventory to us in good working order and in a clean and tidy condition, in the same state and condition it was in on the Collection Date. You are responsible for ensuring all of your personal items and belongings have been safely removed from the Vehicle. We are not responsible for such items.
- What amounts may be payable on return: Return Costs. You agree to pay and will be liable for all Return Costs which in our reasonable opinion we determine are payable by you. You agree that we may deduct all Return Costs from the Damage Deposit. If the Damage Deposit is not sufficient to cover the Return Costs, we may charge you any excess or if we do not hold any Damage Deposit, we will charge you separately. Such Return Costs will be due and payable on receipt of an invoice from us.
- Additional amounts which may be payable on return. The following amounts will also be due and payable on demand if you return the Vehicle to us with less than a full tank of fuel, such charges will be due and payable on receipt of an invoice from us:
- an administration fee of £25.00 per amendment of a confirmed booking or penalty charge notice received;
- 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;
- an additional fee of £75.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle;
- 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.
- the cost to replace/repair any Inventory items.
- the cost of refilling the diesel and/or the LPG tanks should either tank not be returned completely full as follows:
- ¾ tank of fuel: £75.00
- ½ to just under ¾ tank of fuel: £90.00
- ¼ of a tank to just under ½ tank: £120.00
- Fuel gauge on the reserve: £140.00
- LPG charges:
- £40.00 regardless of level;
- the cost of any damage or missing items to a third party property, subject to the insurance.
- all government fees and duties, including Excise or Immigration seizing the Vehicle
- any other fees or charges payable by the Customer pursuant to this agreement. This includes any costs incurred by NMH as a result of any breach by the Customer of the terms of this agreement.
- demurrage: the daily rental rate for the period the Vehicle is off fleet, for example for accident repairs.
- the cost to recover the Vehicle.
- Your responsibility to us and insurance
- What happens/ what to do if the Vehicle is lost, damaged or stolen. You must report this to us immediately on [07385 296053]. We will issue you with instructions as to what to do next. You may be required to complete an insurance claim form and/or prepare a witness statement for us.
- What happens if you are involved in a road traffic accident or incident. Again, you must report this to us immediately on [07385 296053]. You must stay with the Vehicle (unless you are injured and need medical assistance in which case one of the Guests or Drivers should stay with the Vehicle). No Guest or Driver should make any admission of liability to other parties, settlement offer or other like offer. We will issue you with further instructions as to what to do next. You may be required to complete an insurance claim form and/or prepare a witness statement for us. No Damage Deposit or Excess will be refunded until any claim is settled.
- What loss and/or damage is covered by our insurance and what is not covered. We will provide you with details of the insurance cover in the Insurance Terms which you and the Drivers must comply with at all times. As referred above, you will be responsible for any Excluded Damage and any liability, loss or damage as set out in the Insurance Terms or suffered or incurred by us as a result of the Driver’s non-compliance with the Insurance Terms. Other Restrictions and Limitations may apply, details of which will be set out on the Booking Form (if applicable).
Please note that you will also be responsible for any loss or damage which is caused deliberately or intentionally (including wilful damage and/or criminal damage) or caused as a result of neglect.
- Our Liability to you.
- We are responsible for ensuring that the Vehicle is provided to you as described and it is in a safe and roadworthy condition on the Collection Date. We do not exclude or limit our liability in respect of personal injury or death which is caused as a result of our negligence nor do we exclude or limit our liability in respect of any loss or damage which cannot be excluded or limited as a matter of law.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Our responsibility and liability to you in all respects (except where we cannot limit or exclude our liability as set out at clause 1, regardless of how such liability is caused or arises is limited to the amount of the Price we are paid by you, plus any Extras.
- We are not liable for business losses. We hire the Vehicle to you for your private use. If you use the Vehicle for any purpose of than the Purpose of Hire, we will have no responsibility to you except where we cannot exclude or limit our liability as a matter of law.
- Other important terms
- We may transfer this Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If your rights are affected you may be able to end the Contract and receive a refund.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Contract if we agree to this in writing.
- Who else has rights under the Contract. The Contract is between you and us. Each party can enforce it against the other and the owner of the Vehicle may also enforce it.
- Events beyond our control. Due to circumstances beyond our control we may not be able to perform some or all of the Contract with you, this is known as “Force Majeure”. Such circumstances may include fire, riot, flood or other natural disaster, epidemic, pandemic, governmental laws or restrictions, failure of utilities, failure of the Vehicle’s onboard systems, strike or lock-out. In such circumstances we may be able to bring the contract to and end without any liability.
- If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Vehicle and any other products and/or services agreed, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. The Contract is governed by English law and you can bring legal proceedings in respect of any matter relating to the Contract only in the English courts.
- What to do if you are not happy. We aim at all times to provide Vehicles which are suitable for our customers needs. If you wish to raise a complaint or concern please contact us at [[email protected]].