|
Terms and Conditions of Hire
Please read these terms carefully before placing your order and to make yourself aware of your responsibilities and liabilities as the hirer of the horsebox. If you have any questions in relation to these terms please contact Southwest Horsebox Hire at the address given below.
PLEASE NOTE a 25% DEPOSIT IS REQUIRED BEFORE A VEHICLE IS SECURED FOR HIRE. **************************************************************************************************************** 1. The Contract1.1 We are Southwest Horsebox Hire of 14 Standarhay Close, Elburton, Plymouth, Devon, PL9 8PL. These terms shall apply to the hire of the horsebox and all services that we supply to you.
1.2 No contract shall exist between you and us for the hire of the horsebox and any services until we have received and accepted your order. We shall send to you confirmation in writing by post or e-mail to the address or e-mail address that you have given. On confirmation of your order, there shall exist a binding legal contract between us that shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
1.3 You shall be responsible to us for ensuring the accuracy of the terms of any order (including whether the horsebox is adequate for your purposes) submitted by you, and for giving us any necessary co-operation, assistance and information relating to the hire of the horsebox or as we may reasonably require within a sufficient time to enable us to perform the contract in accordance with its terms.
1.4 The contract shall be subject to your right of cancellation (see below).
1.5 We may change these terms without notice to you in relation to any future hire. A copy of our current terms and conditions will always be available on our web site.
2. Description and price of the Hire Services 2.1 The description and price of the hire services that you order will be as shown in our quotation already provided to you or on our website at the time that you place your order.
2.2 The horseboxes are subject to availability at the time of your order. If, after acceptance of your order, the horsebox should become unavailable due to circumstances beyond our control, we shall inform you immediately. In these circumstances we shall refund all monies paid to us by the hirer with no further liability on our part.
2.3 We shall make every effort to ensure that prices shown in our quotation or on our website are accurate at the time that you place your order. However, if an error is found, we shall inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel, we shall refund or re-credit you for any sum that has been paid by you.
2.4 The day of collection and return of the horsebox is chargeable as just one day’s hire provided that the period of hire on these two days does not exceed a total period of 24 hours.
3. Payment 3.1 Payment for the hire services can be made by any method shown in our quotation.
3.2 A deposit of 25% of the total hire price is payable at the time of your order. Subject to your rights to cancel the contract in accordance with these terms (see below), this deposit will NOT be refundable to you. A further holding deposit of seven hundred and fifty pounds (£750) will be payable by you as security for your compliance with your obligations as herein provided.
3.3 All outstanding sums in respect of the price for the hire services will become payable not less than 14 days before the proposed commencement of hire. Unless we have already received the full outstanding payment from you in respect of the total price for the hire services, we shall automatically charge the balance of the price to your credit card 14 days before the proposed commencement of hire. You hereby acknowledge that you will be required to provide us with your credit card details at the time of your order and by giving us such details you authorize us to charge the outstanding sums and all other sums that may become due from you to us in accordance with these terms.
3.4 Please note that the horsebox will not be made available to you until we have received in cleared funds all sums due, including the security deposit, payable to us for the hire services.
3.5 Any payment sent by post will be at your own risk and we accept no responsibility for any payment not having been received by us or where payments have been incorrectly completed by you.
3.6 If the payment of any fees by you is not made in accordance with these terms you will be deemed to have requested the termination of the contract and you hereby acknowledge that the horsebox reserved for you at the time of your order may be released by us for hire to any other customer without liability to you.
4. Collection 4.1 Unless we otherwise agree in writing, delivery of the horsebox shall be made by you collecting it at our premises on the date and time agreed for the commencement of hire.
4.2 The hiring of the horsebox will commence on the date and time on which the horsebox is to be collected by you as agreed.
4.3 We will prepare a Delivery and Acceptance Form that will be specifying the precise details of the horsebox. At the time of collection of the horsebox you will be required to sign the Form to confirm your acceptance of the horsebox. Please ensure that you have read the Form carefully and checked all inventories and other specifications against the horsebox before signing and thereby accepting the vehicle.
4.4 We will use all reasonable endeavours to have the horsebox available for collection on the date agreed but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control.
4.5 The horsebox will be provided with a fuel tank full of fuel at the commencement of hire. Please note your obligations in respect of fuel when returning the horsebox (see below).
4.6 Prior to the release of the horsebox, you shall be required to provide us with the following forms of identification in respect of each proposed driver of the horsebox: - each driver’s current driving license, passport and a recent utility bill containing details of their current residential address. Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the horsebox will not be made available to you until we are reasonably satisfied with your forms of identification and the horsebox will not be released until all such documents have been produced in accordance with these terms.
5. Your right to cancel 5.1 You have the right to cancel the contract at any time up to the end of seven working days from the date that the contract was agreed between us. 25% deposit will be payable up to 14 days prior to the hire date with the full hire amount due should cancellation be received after 14 days prior to commencement of hire.
5.2 To exercise your right of cancellation, you must give written notice to us by hand, post, facsimile or email at the address, facsimile number or email address shown on the confirmation of order form, giving details of the hire services ordered.
5.3 Once you have notified us that you are cancelling the contract, we will (if you are entitled to cancel the contract in accordance with these terms) refund you within 30 days for any sums (minus 25% admin charge/credit card charges) that have been paid by you or debited from your credit card for the hire services.
5.4 You may request the termination of the contract at any time. Your request must be in writing and sent to us at the address shown above and you agree that no refund of any fees for the hire services will be due to you in the event of such termination. If the horsebox is re-hired on the intended dates of your hire we shall refund the hire price less 25% of the total price in consideration of the additional administrative charges arising as a consequence of your request.
6. Our promise to you 6.1 The hire services will be performed by us with all reasonable skill and care and to a standard of quality that it is reasonable for you to expect.
6.2 You are entitled to the benefit of all conditions, warranties or other terms, express or implied, relating to the horsebox given by the suppliers or manufacturers of the horsebox to us (so far as we are entitled to transfer it) but, save as otherwise provided in these terms, the horsebox is not let by us with or subject to any such conditions, warranties or other terms, express or implied, all of which are excluded as between us and you save those implied by the Supply of Goods and Services Act 1982 section 7 (relating to our right to transfer possession of the horsebox and your right to quiet possession of it).
6.3 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written), misuse or alteration or repair of the horsebox without our prior approval.
6.4 Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice from an appropriately qualified person.
6.5 If you have any other complaint about the hire services, you should notify us in writing at the address above.
6.6 We shall during the continuance of this hire contract:
(a) Arrange for the provision of any roadside rescue (if required);
(b) Except where any repair or maintenance is necessitated by an accident or by any negligent use or abuse of the horsebox, we shall pay or reimburse you for any costs in respect of any necessary repairs or maintenance undertaken during the hire contract save that any such repairs or maintenance costing more than £50 must be authorized by us before the work is commenced. We will require proof of the work having been carried out by way of original receipted invoices;
(c) In the event that the horsebox becomes temporarily un-roadworthy (other than as a result of accident, damage, theft or vandalism), make available a replacement horsebox (not necessarily of the same type and age) for collection by you as soon as is practicable) after the receipt of notification from you requesting the same.
7. Your obligations to us 7.1 You shall obtain, and ensure the adequacy and accuracy of, all necessary qualifications, registrations, memberships, permissions and licenses and conform to all relevant rules and regulations as may be required for you to drive and otherwise use the horsebox. Please note that if you did not pass your driving test before 1st January 1997 you may be restricted as to the size of horsebox that you may legally drive. You should ensure that you have checked all such restrictions with the appropriate authorities before entering into this hire contract.
7.2 All drivers of the horsebox must be between the ages of 25 and 65 years and must have held a full-unendorsed UK or valid international driving license for a period of at least 2 years prior to the proposed date of commencement of hire.
7.3 You shall during the continuance of this hire contract:
(a) ensure that the horsebox is driven or otherwise operated and used in a safe and proper manner and for the purposes for which it was designed and without risk to health by persons who at all times hold valid and current driving licenses in the appropriate classes;
(b) Deliver and collect the horsebox to and from any maintenance or repairing agent when it has become un-roadworthy ;
(c) Pay for all fuel for the proper running of the horsebox (including the generator if fitted);
(d) Indemnify us against all fines, penalties and liabilities payable by us by virtue of your hire and/or use of the horsebox or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the horsebox;
(e) Not take or allow the horsebox to be taken out of the United Kingdom mainland without receiving our prior written authority and, in the event of that authority being given, only on such terms as we deem fit;
(f) Collect from and return to us, or from and to such place as we shall advise, any replacement horsebox made available to you in accordance with these terms. The replacement horsebox shall be returned within 24 hours after you have been informed by us that the original horsebox is ready for collection;
(g) Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part thereof nor attempt or purport to do so;
(h) Not remove or interfere with any identification marks or plates affixed to the horsebox;
(i) Take all necessary steps at your own expense to retain and recover possession and control of the horsebox of which you lose possession or control;
(j) Permit us or our authorized representatives at all reasonable times to enter upon the premises where the horsebox may from time to time be garaged or parked to inspect and test the condition of the horsebox;
(k) Notify us immediately of any change in your address and upon request by us promptly inform us of the whereabouts of the horsebox;
(l) In respect of the condition and maintenance of the horsebox be solely responsible for ensuring that: Fluid levels are checked and adjusted as necessary; The exterior, interior and upholstery of the horsebox is kept clean; Any damage is promptly repaired;
(m) The horsebox is not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law;
(n) Use all partitions and such other equipment for the safe transportation of animals and not transport any animals unless they have been properly secured;
(o) Not carry more persons or animals than is recommended by the horsebox manufacturers and at all times comply with all load and weight restrictions as may apply from time to time in using the horsebox and not overload the horsebox or permit the horsebox to be overloaded (please note that the un-laden weight of the horsebox is 5.8 Tonnes);
(p) Not deface or suffer to be defaced the paintwork, body and coachwork of the horsebox;
(q) Not fit towing equipment or other accessories or carry out any alteration or modification to the horsebox nor alter, except by way of suitable replacement, any parts or part of it, mechanical or otherwise, or any of its accessories, without our prior written consent;
(r) Bear the cost of the repair or rectification of any damage to the horsebox resulting from negligence or improper use of the horsebox by you or any person who has used the horsebox during the hire contract;
(s) Keep the horsebox in good repair and condition, fair tear and wear excepted, where such expression is to have its ordinary and natural meaning but does not include:
(a) Bodywork: dents or scratches (other than small scratches or chips), failure of colour matching where repairs have been made; (b) Upholstery: stains, burns or tears in seats, headlining or carpets; (c) Mechanical: the ramps, partitions, engine, gearbox, clutch, axles, suspension, steering and brakes not being in good working order; (d) Electrical: lighting and all equipment not being in good working order; (e) Tires: uneven wear of tires, slits in tire walls. (f) Damage to glass/windscreen
(t) Immediately give notice to us of the happening of any loss or damage to the horsebox;
The client will indemnify the company should the client incur any damages to the vehicle. The company will retain the holding deposit of £750.00 and request a quote of repair from a company authorised manufacturer or mechanic or paint shop. The client will be informed of the quote of repair and be liable for the total costs of repair up to and including the sum of £750.00 (seven hundred and fifty pounds)
(u) Indemnify us against all damage and neglect (whether caused by animals or otherwise) to the horsebox or its contents arising from the breach of your obligations under these terms (including your failure to return the horsebox and any of its contents and accessories in good clean order and working condition) and you hereby authorize us to charge such costs and expense against your credit card. Please note that there is a £50 surcharge in respect of any failure to return the both the living/cab area and the horse area of the horsebox in good clean condition; and
(v) keep the horsebox adequately secured at all times (including any outdoor lockers and containers).
(w) You shall be responsible for complying with any legislation or regulations governing the use of the horsebox in the country and destination and for the payment of any duties.
(x) All animals (including dogs and other pets) to be carried by the horsebox must be approved by us prior to the commencement of hire.
(y) Please note that smoking is STRICTLY PROHIBITED in any part of the horsebox.
(z) The rental vehicle is for personal use only and transportation of own horses and may not be sublet for hire or reward.
8. Default 8.1 We may, upon any breach by you of any of the provisions of this hire contract by notice in writing, terminate this contract and upon that happening, this contract and the hiring constituted by it shall determine and you will no longer be in possession of the horsebox with our consent and, subject to our right to take possession of the horsebox and to recover from you our recoverable losses and to any pre-existing liabilities to us, neither party shall have any rights against the other.
8.2 Any expense incurred by us in repossessing the horsebox or in recovering possession of the horsebox on default of delivery by you under these terms will be reimbursed by you to us on demand.
9. Ownership 9.1 The horsebox shall at all times remain the property of Southwest Horsebox Hire and you shall have no rights to the horsebox other than as hirer and you shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the horsebox are or may be prejudicially affected.
10. Return of the Horsebox 10.1 On termination of the hire howsoever or whenever occasioned or on expiry of the period of hire, you shall no longer be in possession of the horsebox with our consent and shall (unless we otherwise agree) forthwith return the horsebox and all other accessories to us at our premises in good clean order and working condition and at your expense and risk.
10.2 Unless we otherwise agree in writing, the return of the horsebox shall be made by you returning it at our premises on or prior to the date agreed for the expiry of hire.
10.3 Please ensure that you return the horsebox on time and in accordance with these terms. It is important that the horsebox is returned on time so that it can be prepared in readiness for release to other customers.
10.4 In the event that you do not return the horsebox on time and in accordance with these terms:
10.5 A penalty payment of £50 will immediately become payable to us for each hour between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £190); and
10.6 You shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against us and arising from your failure to return the horsebox in accordance with these terms.
10.7 You hereby authorize us to charge all such penalties against your credit card.
10.8 Please note that NO REFUND or other discount will be given where the horsebox is returned early.
10.9 The horsebox must be returned with its generator if fitted and fuel tank full of fuel. In the event that the horsebox’s fuel tank is not returned full you hereby authorize us to fill the tank on your behalf and charge the costs of such fuel to your credit card.
10.10 The toilet within the horsebox must be properly emptied prior to its return. Failure to empty the toilet in accordance with these terms will result in you having to pay a £50 penalty and you hereby authorize us to charge this penalty against your credit card.
11. Insurance 11.1 We shall insure and keep the horsebox insured under a fully comprehensive policy against loss or damage to its full replacement value (with an excess of £750) for the period of your hire and there shall be no additional charges where your use of the horsebox is to be restricted to the United Kingdom. In the event that you intend to use the horsebox other than in the United Kingdom then additional charges will be payable by you.
11.2 Only those persons named as drivers in the insurance proposal form may drive the horsebox.
11.3 Please note that use of the horsebox beyond the agreed period of hire is not be covered by the above insurance policy and you hereby agree to indemnify us against all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising from your failure to return the horsebox on time and in accordance with these terms.
11.4 You shall remain solely responsible for insuring and keeping insured all personal goods and possessions that do not belong to us or are otherwise provided by us at the commencement of hire (including all horses and such other animals that we consent to being carried in the horsebox and the transportation of the same) under an appropriate insurance policy with suitable cover and with a reputable insurer. Such insurance should include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in this respect. We would also advise you to take out appropriate holiday insurance.
11.5 In no event shall we be responsible to you for any loss or damage to personal goods or possessions, horses and other animals and you hereby agree to indemnify us against any loss, damage or injury to the horsebox (and any of its contents) (except for any caused by our own negligence) in so far as it is not covered by a policy of insurance. Please note that the insurance policy maintained by us in respect of the horsebox is subject to a £750 excess and you hereby authorize us to charge all sums not covered by a policy of insurance to your credit card or deposit paid to us. Please note that damage caused by a horse is not covered by the insurance policy. If the horsebox is stolen as a result of the keys being left in the ignition or any other part of the horsebox then the theft will not be insured and you hereby agree to pay on demand fair market value for the replacement of the horsebox. Also, you agree to pay for any damage cause to the horsebox as a result of an uninsured theft.
11.6 You shall not use or allow the horsebox to be used for any purpose not permitted by the terms of the above policies of insurance or do or allow to be done any act or thing whereby such insurance may be invalidated.
12. Overseas Travel 12.1 You must obtain our prior written consent before taking or allowing the horsebox to be taken to any jurisdiction outside the United Kingdom mainland. Please note that additional insurance cover will be required in respect of the horsebox and all such charges will be added to the price payable for the hire.
12.2 In no event are you to use the horsebox to travel to any country or jurisdiction that is designated a war or disaster zone by the British Home Office or which is otherwise subject to civil unrest.
13. Our Liability to you 13.1 We make no promises, whether express or implied, in relation to the accuracy of information on our website and any material downloaded from our website is at your own risk and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
13.2 Nothing in the terms shall restrict our liability to you for: - (a) Death or personal injury caused by our negligence; ; (b) Liability for defective products under the Consumer Protection Act 1987; (c) Fraudulent misrepresentation.
13.3 In no event shall we be liable to you for any damages, including any lost profits or prize funds, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the hire services even if we have been advised of the possibility of such damages.
13.4 Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry comprehensive insurance cover.
13.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the hire services if the delay or failure was due to your breach of these terms or any cause beyond our reasonable control. For example, matters beyond our reasonable control would include (but would not be limited to): - your failure to provide us with payment when properly due in respect of the hire services in accordance with these terms; your failing to have valid and appropriate licenses, consents, permissions, membership and any other qualifications required for the use of the horsebox; Your providing us with incorrect or incomplete information.
13.6 In no event shall we be liable to you for any additional and/or consequential losses, expenses or costs incurred as a result of your agreeing to accept a replacement horsebox in accordance with these terms. For example, this would include (but would not be limited to) matters such as additional ferry charges or road tolls arising from a larger horsebox being hired.
13.7 You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the hire services on an economic basis without such limitations.
14. Indemnity 14.1 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising directly or indirectly as a result of any breach or default on your part in the discharge of your obligations under this hire contract.
15. Data Protection 15.1. We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorized access to information supplied by you.
15.2. We shall only use the information you provide about yourself for the purpose of fulfilling your order.
16. Assignment 16.1 We shall have the right to assign or otherwise delegate all or any of our Rights or obligations under these terms upon notification to you. Should you have any questions concerning these terms you may contact Southwest Horsebox Hire at the address shown. |
|
Southwest Horsebox Hire 14 Standarhay Close Elburton Plymouth Devon PL9 8PL
southwesthorseboxhire.co.uk |
|
Terms & Conditions |
|
Southwest Horsebox Hire Plymouth - Devon 01752 484626 - 07778 101796 ninette@southwesthorseboxhire.co.uk |
