Ecosse Tourers Ltd. Terms & Conditions
Terms and Conditions of Hire Agreement
Rev 09, 30th April 2018
Ref : ET/02/018
1. Definitions & Glossary of the agreement.
- 1.1: ‘This Agreement‘ refers to the, Rental Agreement, the Insurance Motor Rental Agreement and the Terms and Conditions, as specified
‘I’, ‘me‘ and ‘my‘ refers jointly and severally to the person or persons who are the customers.
- 1.2: In the event of any discrepancy between these Terms and Conditions and any other Ecosse Tourers Ltd. , rental literature, the provisions of these Terms and Conditions take precedence.
- 1.3: ‘Customer’ means the person or persons nominated as the hirer under the heading ‘Rental Details‘ on the Insurance Motor Rental Agreement and any person whose credit card is presented in payment of the customer’s charges.
- 1.4: ‘Basic Equipment’ – Includes but is not limited to Television, DVD player, Satellite Navigation system, crockery, cutlery, cooking utensils, .
- 1.5: ‘Rental Period‘ and ‘Hire Period‘ mean the hire period referred to under the heading ‘Booking Details‘ on the Rental Agreement or any agreed variation thereof and any additional period during which the vehicle is in the customer’s possession or control.
- 1.6: ‘Vehicle’ means the vehicle described under the heading ‘Vehicle Details’ on the Rental Agreement and includes tyres, tools, accessories, the Basic 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 Ecosse Tourers Ltd..
- 1.7: ‘Security Deposit’ means the Vehicle security deposit detailed under the heading ‘Vehicle Security Deposit’ in the Insurance Motor Rental Agreement.
- Delivery and Return of the Vehicle
- 1.1: Collection times are between 14:00 Hrs – 17:00 Hrs, unless by previous arrangement.
Return time is between 08:00 Hrs and 10:00 Hrs, unless by previous arrangement
On collection please allow approximately 1. hour for completion of required paperwork and for a demonstration of the Vehicles operation.
- 1.2: Late return of the Vehicle will invalidate your insurance, and incur additional charges, but not limited to as directed here within.
- 1.3: I acknowledge that I have received the Vehicle in a clean and habitable condition and in a sound working order, with a full fuel tank and full gas bottles. I will return the Vehicle in an acceptably clean condition with a full fuel tank and full gas tanks, on the return date in the Rental Agreement and between the hours of 08:00 Hrs and 10:00 Hrs unless agreed otherwise.
- 1.4: I acknowledge that Ecosse Tourers Ltd. will not refund to me any monies, nor have any obligation to provide a replacement vehicle, if the Vehicle is returned or I cease to have the use of the Vehicle prior to the return date for any reason e.g. accident, weather or theft.
- Rental and Other Charges
I will pay Ecosse Tourers Ltd. the following:
- 1.1: All rental charges, inclusive of any required Options.
- 1.2: At the time of booking a non-refundable booking deposit of £200.00 per week (or part week, additional thereof) is required.
The full balance of the rental must be paid 42 days before collection date.
- 1.3: The refundable Vehicle Security Deposit and any insurance excess deposits due.
- 1.4: A cleaning charge of £100.00 if the Vehicle is not returned with the interior in a clean & habitable condition.
- 1.5: A cleaning charge of £50.00 if the toilet waste tank is not emptied and flushed clean prior to the return of the Vehicle.
- 1.6: The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the vehicle (If the hire is cancelled within 6 weeks of the agreed rental period by the hirer for any reason or by Ecosse Tourers Ltd. through failure to produce the required documents or pay the retainer deposit then no refund will be given). ****
- 1.7: Cancellations more than 6 weeks before hire, a cancellation fee equivalent to your original deposit applies. Any additional payments will be returned no sooner than 28 days from cancellation.
- 1.8: A charge of £25.00 plus the additional cost of fuel required to fill the fuel tank if Vehicle is returned with less than a full tank of fuel, or the re-filling of the gas tanks
- 1.9: The cost of any damage to the Vehicle or the property of any third party subject to the insurance or Collision Damage Waiver cover if applicable. (£750.00 Insurance excess).
- 2.0: All fines, inclusive of parking, speeding or any other fines or penalties incurred , and/or accidents including third party property damage not reported on return of the Vehicle; and associated administration costs incurred in relation to the Vehicle during the Rental Period.
- 2.1: Any other fees or charges payable by the hirer pursuant to this Agreement.
This includes any costs incurred by Ecosse Tourers Ltd. as a result of any breach of the Terms and Conditions of this Agreement.
- 2.2: The cost to recover a Vehicle which cannot be driven (e.g. stuck in the mud, or beached on sand ) whilst not on tarmac roads.
(The Insurance Policy covers the hirer for use on Queens Highway only).
Any use off road is strictly prohibited.
The hirer is liable for the full cost of repairs and loss of earnings by Ecosse Tourers Ltd. through any damaged caused by off road use.
If you will be late returning, Ecosse Tourers Ltd. ,must be advised immediately. Failure to do so may result in prosecution for driving whilst uninsured. An additional charge of £100.00 per hour will be payable for all late returns. (absolutely non negotiable)
**** We strongly advise customers to make their own arrangements for travel insurance to cover such events.
- Errors in Rental Charges
- 1.1: Total charges as set out therein are not final.
The hirer will pay any shortfall in charges to Ecosse Tourers Ltd. and the hirer will receive a refund for any overcharge acknowledged by Ecosse Tourers Ltd..
- Payment of Charges Joint and Several Liabilities
- 1.1: All charges and expenses payable by the hirer under this Agreement are due on demand of Ecosse Tourers Ltd..
- 1.2: If the hirer does not pay all charges when due, the hirer agrees to pay a late charge of 1.75% per month on the outstanding balance and any collection costs incurred by Ecosse Tourers Ltd., including reasonable legal fees.
- 1.3: 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.
- Credit Card Payment
- 1.1: Ecosse Tourers Ltd. will accept payment by credit cards approved by WorldPay.
- 1.2: When payment is paid by credit card, I agree that; Ecosse Tourers Ltd. is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the Vehicle or to property of a third party and all other additional charges as they are incurred (including all parking and traffic infringement penalties, road toll fines, city congestion charges, and associated administration costs) I will not dispute my liability to Ecosse Tourers Ltd. for any amount due under this agreement and I shall indemnify and keep indemnified Ecosse Tourers Ltd. against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
- 1.3: Ecosse Tourers Ltd. will take a full cleared funds. Vehicle Security Deposit of £750.00 from your card.
- 1.4: The hirer acknowledges that all transactions under this agreement are conducted in Pounds Sterling.
- 1.5: Due to exchange rate fluctuations, there could be some variance between the amount initially debited against the hirers credit card and the amount refunded within 7 days after the expiration of the rental period.
I release Ecosse Tourers Ltd. from any liability for such variation.
- My Warranties
- 1.1: I warrant that all information supplied by me (the hirer) to Ecosse Tourers Ltd. in connection with this agreement is true.
- Vehicle Damage – Insurance Cover
- 1.1: I (the hirer) am aware that;
The Vehicle is insured for damage to the Vehicle and the property of a third party; I will have to pay an excess for any damage.
The insurance excess is £750.00, and £750.00 will be taken as a deposit at the beginning of the rental and is fully refundable providing the ‘I’, ‘me’ and ‘my’ refers jointly and severally to the person or persons who are the customers. Vehicle and contents are returned undamaged and in accordance with all Ecosse Tourers Ltd. hire Terms & Conditions.
- 1.2: I (the hirer) will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement
- 1.3: Security Deposit on taking delivery of the Vehicle, I agree to pay the Security Deposit of £750.00
- 1.4: I irrevocably authorise Ecosse Tourers Ltd. to deduct from the Security Deposit any amounts due by me to Ecosse Tourers Ltd. arising out of this Agreement.
- 1.6: The Security Deposit will be refunded within 7-10 working days of the vehicle being returned to the correct location, undamaged, with a clean interior with a full fuel tank.
- 1.7: We reserve the right to retain a £100.00 soiling fee if the Vehicle is not returned with the interior in a clean condition.
- 1.8: The toilet and waste water tank must be emptied prior to the return of the vehicle or an additional £50.00 soiling fee will be retained.
- Hirer Drive Endorsement
Notwithstanding anything contained here into the contrary it is hereby understood and agreed that this insurance covers the insured vehicle whilst let out on hire, subject to the following conditions:-
9.1) The insured shall verify the identity and permanent address of the Hirer and any other permitted driver by means other than solely on the information contained in the Hirer’s or driver’s driving licence and that such person is not among the excluded persons enumerated below.
9.2) The insured vehicle shall not be let out on hire to be driven by:-
- ) Hirers under 25 or over 75 years of age unless otherwise agreed by the Insurer
- ) Hirers aged 25 or over unless a full driving licence valid in the United Kingdom has been held for 12 months
- ) Persons who have been convicted of an offence, in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or penalty points (6 points) enclosed.
) Parking and not more than two speeding offence’s in the past 3 years may be ignored. “Spent” convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded.
e.) Persons who have any mental or physical defect or infirmity or suffers from fits, diabetes or any heart complaint.
f.) Persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of their of claims experience and/or have had their insurance or cover cancelled by any Motor Insurer
g.)Persons engaged wholly or partly in professional entertainment or professional sports persons .
h.)Jockeys or persons connected with racing of any sort .
i.) Undergraduates and/or students under 25 years of age.
Persons who, whilst driving, have been involved in more than one accident in the past 3 years
9.3) The insured vehicle shall be driven only by the Hirer or other permitted driver who has signed a Hirer’s Proposal Form immediately prior to any hiring
9.4) The Insurer’s form of proposal for Hirer Drive insurance or as otherwise may be specifically agreed shall be completed and signed by each Hirer or other permitted driver in all respects. In addition to the usual declaration and warranty contained in the proposal, the following declaration shall appear on the proposal namely:- “I further agree to be bound by the terms and conditions of the insurance which I have seen and read or have had the opportunity to see and read”
9.5) The Insured shall be considered as being the agent for the Hirer or other permitted driver for all purposes in connection with this insurance but under no circumstances shall the insured by considered as an agent for the Insurers
9.6) The insured vehicle shall not be used for the carriage of goods of an explosive, dangerous or hazardous nature or for the carriage of goods or passengers for hire or reward or any other form of profit or remuneration
9.7) Any return premium or cancellation of this insurance or following any other amendment to this insurance will be allowed only at the discretion of the insurer.
Subject otherwise to the terms and conditions of this insurance.
Ecosse Tourers Ltd. will not allow smoking in the Vehicle.
The penalty imposed will be £250.00.
Ecosse Tourers Ltd. authorise the use of these Vehicles up to the stated number of passengers. Each person to use the safety restraints provided at all times whilst Vehicle is in motion.
I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries.
I acknowledge that Ecosse Tourers Ltd. will reimburse me for expenditure up to £50.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD
equipment) Provided That:
I produce relevant receipts; and
I have received the prior consent of Ecosse Tourers Ltd.; The damage is not due to my fault or my breach of this Agreement.
Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres damaged during the Rental Period (not including punctures) provided that Ecosse Tourers Ltd. will reimburse me for expenditure reasonably incurred if; I produce relevant receipts; The tyre is defective and is returned by me to Ecosse Tourers Ltd. for inspection; and the manufacturer accepts liability under his warranty.
I will be liable for any costs associated with the incorrect use of fuel (fuel being diesel or petrol).
9.11.) Responsibility when an accident occurs In the event of any accident, loss or damage arising out of the use of the vehicle, I will notify Ecosse Tourers Ltd. within 24 hours of the happening of the event.
Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station; Complete a European accident report form as supplied; Not make any admission of liability to other parties, settlement offer or other like offer; Assist Ecosse Tourers Ltd. in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
I acknowledge that the excess or other amount due by me in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period.
I will pay for any costs relating to the delivery of a change over vehicle as a result of an accident regardless of which party is at fault.
9.12.) Terminating the Agreement
I acknowledge that Ecosse Tourers Ltd. may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the Vehicle, including towing charges if; I am in breach of any term of this Agreement; I have obtained the Vehicle through fraud or misrepresentation; The Vehicle appears to be abandoned; The Vehicle is not returned on the agreed return date or Ecosse Tourers Ltd. reasonably believes that the Vehicle will not be returned on the agreed return date; Ecosse Tourers Ltd. considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered.
I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges or the Security Deposit.
9.13.) Change of Vehicle
Ecosse Tourers Ltd. reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle. In that event, I shall not be liable for any increased rental or other charges save for any addition running costs pertaining to the substitute vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.
9.14.) Release and Indemnity of Ecosse Tourers Ltd. Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, I (the hirer) release Ecosse Tourers Ltd., its employees and agents, from any liability to me (the hirer) (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to: Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose; Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Ecosse Tourers Ltd. premises or recovered or handled by Ecosse Tourers Ltd..
Subject to any insurance arrangements agreed with Ecosse Tourers Ltd., I hereby indemnify and shall keep indemnified Ecosse Tourers Ltd., its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle.
9.15.) Title to Vehicle
I acknowledge that Ecosse Tourers Ltd. retains title to the Vehicle and that I possess the goods as a mere Bailee only.
I do not have any right to pledge Ecosse Tourers Ltd. credit in connection with the Vehicle and agree not to do so.
I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
Any changes to this agreement must be in writing and must be signed on behalf of Ecosse Tourers Ltd. and by me (the hirer).
9.17.) Entire Agreement
This agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement. Ecosse Tourers Ltd. reserves the right to add or amend any terms and conditions without prior notice.
Ecosse Tourers Ltd. reserve the right to adjust hire rates at any time.
Quotes will be valid for 14 days unless a holding deposit is paid.
The price will then be fixed at the agreed rate as detailed on your confirmation of booking and invoice.
All motorhomes under ownership of Ecosse Tourers Ltd., have been fitted with GPS trackers units. We reserve the right to periodically monitor movements throughout the period of rental, to determine the location of our vehicles.
Ecosse Tourers Ltd., reserves the right to refuse to hire to any person without stating a reason.
If the Hirer is in breach of any of the above terms and conditions shall, upon the demand of Ecosse Tourers Ltd., return the vehicle and its contents immediately.
The Hirer will pay Ecosse Tourers Ltd. on demand any loss that Ecosse Tourers Ltd. may suffer as a consequence of breach.
9.18.) Proper Law
This agreement shall be governed by Scottish law in which this agreement was signed.