This Agreement is made between Hi De Hi Campers whose registered office is 49 Trevithick Crescent, Hayle, Cornwall, TR27 4AZ, and the person/persons completing the Booking and Insurance Form and signing the Terms and Conditions of Booking and Hire document.
Hi De Hi Campers hires the van (including any replacement vehicle) to you subject to this Rental Agreement which incorporates these terms and conditions and the information and conditions contained on the booking and insurance form that you completed and agreed online or completed and signed on paper. In entering into this Rental Agreement you accept these terms and conditions and confirm that you will strictly comply with them. The rights and obligations contained in these terms and conditions govern your use of our van and are not transferable by you. You acknowledge that the van is owned by us and that any attempted transfer or sub letting of the van by anyone other than us is prohibited and a criminal offence. We permit you to use the van on the terms of this Rental Agreement only.
Except where otherwise stated the following words have the following meanings in this Agreement:
“The Van” – This means the Campervan hired to you under this Agreement and as specified to you by us including all tyres, tools, accessories and equipment.
“You” – The person or persons signing this agreement
“The Agreement”, “The Rental Agreement” and “Terms and Conditions” – ‘Agreement’ means this Vehicle Rental Agreement and any document expressly referred to in this agreement including any insurance document, motor rental agreement, additional handover documents and the terms and conditions.
“Security Deposit” – The sum of £500 as detailed below paid by electronic bank transfer.
“Booking deposit” – sum of £200 paid by electronic bank transfer at the time of booking
“We / us” – Hi De Hi Campers.
“Driver” is each and every person who is named as a driver on the Vehicle Rental Agreement and legally permitted to drive the Vehicle.
“Excess” is the insurance excess payable in the event of an insurance claim.
“Hirer” means the person or persons nominated as the hirer.
“Included Mileage” is the maximum mileage permitted before a mileage surcharge is added and is shown on the Vehicle Rental Agreement.
“Insurance” is the motor vehicle insurance policy for the vehicle and does not provide any other cover.
“Living Equipment” includes but is not limited to crockery, cutlery, cooking utensils, linen and any other items or extras provided in addition to the hired Vehicle.
“Rental Period” means the hire period referred to under the heading ‘Details of your Booking’ on the Vehicle Rental Agreement or any agreed variation thereof and any other period during which the Vehicle is in the Hirer’s possession or control.
“Vehicle” means the vehicle described under the heading ‘Details of your Booking’ on the Vehicle Rental Agreement and includes tyres, tools and accessories and any other special equipment or documents related to the Vehicle and any replacement or substitute.
“Vehicle Manual” is the manual provided in the vehicle which contains data and procedures specific to each vehicle.
The van hire booking and insurance form must be completed online or sent to us with a non refundable booking deposit of £200 (payable by electronic bank transfer). On receipt of the booking and insurance form, the signed terms and conditions (or terms and conditions confirmed as agreed online), your deposit and receipt of written confirmation from us this contract shall have effect. The balance of the hire charge (full charge less deposit) is due 42 days (6 weeks) before the start of the rental period (payable by electronic bank transfer). A security deposit of £500 is payable (by electronic bank transfer) 7 days prior to collection of your van.
It is a condition of the insurers that all payments are electronic, traceable and from an account held in the hirers name. We accept payment by electronic bank transfer or by Paypal – please note, due to the charges levied by Paypal there is an additional £30 charge per payment made if you choose to use their service to make payment. We cannot accept cash payments as it invalidates the insurance. If you pay cash into our bank account we will refund it to you, less the bank charges we incur. Bank charges for handling cash are currently 3%, but are variable.
Choice of Van
Although we want you to have the van of your choice, we must allow for unforeseen circumstances. We reserve the right to provide you with a suitable comparable or superior alternative, without notice, upon collection. Should a substitute not be available upon collection, we will be responsible for a full refund of monies received by us. All rights are reserved by us to refuse any hire if in our reasonable opinion you are not suitable to take possession of the vehicle. No refunds are payable on accommodation, or vans not being available where you change, cancel or seek to vary the Agreement after departure. We take no responsibility for any detention, delay, loss, damage that you might experience unless caused by our negligence.
Your booking is for a class of vehicle and does not guarantee that you will be able to stay in a specific Campervan or in the same Campervan for the duration of your stay. If we need to move you to a different Campervan during your booking for which a lower rate is available than the rate you booked at, we will refund you the difference in the rates.
Cancellation Policy and No Shows
The cancellation policy varies according to the rate that is booked. Please refer to the individual full rate descriptions given at booking.
Cancellations between the time of confirmed reservation and 42 days before the rental period- the booking deposit is forfeited.
Cancellations between 42 and 7 days of start of the rental period – a fee of 50% of the balance of the payable hire charge will be incurred.
Cancellations less than 7 days before the rental period commences – 100% of the total hire charges are forfeited.
However, if we do manage to get another booking for the same van, for the same rental period we will waive the cancellation fee but not the non-refundable booking deposit.
Changes or Cancellation by the Company Very occasionally we may need to cancel your Booking. In such circumstances you will be given a full refund but we shall have no further liability to you arising out of such cancellation. We will, however, use reasonable endeavours to try and re-locate any confirmed Booking cancelled by us to an alternative Campervan hire supplier of a similar standard.
The £500 security deposit is refundable on safe return of the van, in the condition in which it left our premises subject to an inspection satisfactory to us. This must be paid to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to the van or the fixtures and fittings therein or the living equipment and windows, wheels, tyres etc included with the van. The van and all its equipment must be returned in good condition, with no damage to it, its contents or any third party property. The van must be returned with a full tank of fuel.
Your security deposit will normally be refunded within 7 working days of the end of the rental period. Should there be any damage or requirement for any repair, replacement or special cleaning, the costs will deducted from the security deposit before the balance is returned to you. You irrevocably authorise us to deduct from the Security Deposit any amounts due to us arising out of this Agreement. You agree irrevocably to pay all charges upon request. In the event that there is a claim we reserve the right to retain the security deposit for such long a period as is necessary to quantify the charges incurred which are to be deducted from the deposit.
Where the security deposit is insufficient to cover the costs, you will pay any additional amounts due. These will be invoiced as appropriate and you agree irrevocably to pay all charges upon request in respect of such amount. Where charges are incurred which result in your security deposit being debited we will provide you with an itemised invoice detailing the charges incurred by you. Your signature below confirms you agree to pay all charges upon presentation of the invoice.
If, on arrival to collect your van, your licence is unacceptable due to endorsements or defacement, you will be unable to hire the van and no monies will be refunded to you. The charges stated on the rental invoice reflect your use of the van during the rental period and include basic hire charges, insurance, charges for any optional or ancillary services chosen by you, and any applicable taxes at the prevailing rate. Additional charges may arise from your use of the van during the rental period, and may include (but are not limited to) loss of or damage to the van and its contents during the rental period and/or until the van is examined, the insurance excess, refuelling service charge and fuel cost, any late return charge, any additional driver charge, extra cleaning charge and any road tolls or fines for charges arising from traffic or parking offences during the rental period.
In some cases, we will incur additional charges if the drivers to be insured have traffic convictions, or are using a foreign driver’s licence or works in what our insurers consider to be a high risk occupation or is aged younger than 25 or older than 75, or has criminal convictions, or any physical or mental conditions which may inhibit driving, or has had an accident in the previous 3 years. These charges will be passed to you and will be notified in advance.
Payment of Charges
All charges and expenses payable by you under this Agreement are due on demand by us. If you do not pay all charges due, a late charge of 1.5% per calendar month on the outstanding balance and any collection costs incurred by Hi De Hi Campers, including reasonable legal fees, will be added. When you comprise more than one person, each person is jointly and severally liable for all obligations of you pursuant to this Agreement.
The vans all have comprehensive insurance for the first and any other named drivers. Insurance is only for our van. The interior equipment and other items as specified in the Van Manual are not covered by the Insurance and any damage will incur costs in addition to the Excess.
Failing to provide information may invalidate your insurance and render you liable for all losses howsoever sustained including claims by third parties. You must provide true and complete information for our insurers as requested on the booking and insurance form (paper form or online) at least 10 days before the hire period commences. If you make your hire booking less than 10 days before the hire is due to commence, all information required by the insurance company must be provided at the time of booking. This is to ensure that the insurance company can confirm they are willing to insure your chosen driver(s). Failure to provide this information within the time specified may result in us being unable to proceed with your booking. Should you fail to provide the required information in time and your booking is cancelled as a consequence, our policy on cancellation fees as set out above applies.
You are advised to take out your own personal effects and travel insurance to cover items not part of the insurance, last minute cancellations, your luggage, campsite pitch fees, etc.
We are not responsible for any damage in connection with any accident or breakdown caused by you, nor are we responsible for any loss from the van. Our insurance policy protects us and any authorised driver against legal claims from any other person or for death or personal injury or damage to any other person’s property caused by use of the van on the road, on condition you report all such incidents to us during the rental period or on return of the van (and you are using the van within the terms and conditions and those of our insurance company). The terms and conditions of our insurance company are included. In the event that any third party suffers death, personal injury or damage to property caused by use of the van which involves a breach by you or any authorised driver of any of the terms and conditions of this Agreement, and that of our insurance policy, or our Health and Safety Guidelines, you agree to reimburse us if we are obliged to compensate (a) the insurers for any payment they make to a third party on your behalf and/or (b) any third party. Our Insurance Company terms and conditions can be supplied in hard copy on request, or can be viewed at our offices.
The insurance on the van is limited to 25% of cover for consequences resulting from fire due to cooking or heating. In this instance you will be liable for the outstanding 75%. You are advised to read carefully, and pay particular attention to, the instructions for use of any cooking and heating equipment.
Excess and Collision Damage Overview
Our insurers may increase the excess payable by you if you are under 25 or over 75, hold a foreign licence, have driving offences on your licence or have criminal convictions. We will inform you before the hire period commences of any increases in the excess the insurance company intends to make. For your information, this excess is usually set at about £800, but varies with personal circumstances.
If an insurance claim is made, you are responsible for a £500 excess (or excess of a greater amount if you are notified before the rental period commences about such change to the excess due) which is due in each and every incident and includes loss or damage to equipment, fixtures and fittings or to third party property. The excess applies in respect of each claim.
The Insurance does not apply to windscreens, windows, wheels, tyres, the underside, the roof and the interior of the van, towing charges, or where the van is driven off road or on unsurfaced roads or without due care and attention, negligently, recklessly or where the driver is under the influence of alcohol or other drugs. Your liability to pay the cost of the damage will therefore not be waived in these cases and you may be liable for the full cost.
Drivers’ Licence, Health and History
Drivers must have less than six penalty points on their licence at the point of collection of the van. Please notify us if you have more than six points as in some cases we may still be able to provide cover. Drivers must be over 21 years of age and under 80 years of age, in good health and hold a full driving licence. “Good Health” means that you have no mental or physical disabilities which would interfere with your ability to drive, for example (but not limited to) stroke/deafness/heart condition/diabetes/loss of limb/loss of sight in an eye/epilepsy. In addition you must not be taking drugs likely to affect your driving or drugs prescribed by a registered medical practitioner for treatment of drug addiction.
We can provide insurance if you fall outside of this age group. A £25 additional premium applies in all cases.
You will need to have held a UK driving licence for at least two years per hire or a European Union Licence for at least three years. We will require the driving licence numbers and other identification information for all those who intend to drive, when you make your booking. We will need to see the driving licences for all named drivers, PLUS two other forms of identification, such as a valid passport AND a recent utility bill (for each driver) on collection of the van. The documents specified above must also be photocopied and posted to arrive at our offices no later than 7 days before the hire commences. A maximum of 3 drivers per rental is allowed by our insurers. You cannot drive away a van without us having sight of the originals and having received a copy of your licences and ID documents.
The van must only be driven by you or any other person who has first been authorised by us, for whom you have provided the insurance, driving licence and personal identification information. Failure to provide accurate information may invalidate the insurance and render you liable for all losses howsoever sustained including claims by third parties.
You warrant that all information supplied to us in connection with this agreement is true and complete. In particular, on collection of the van you warrant that information supplied with the original booking has not materially changed, including but not limited to the number of points on a driver’s licence. Should your driving history or health change between the time of making the booking and your date of collection of the Campervan, you should inform us immediately with full details of your new circumstances.
Handover takes place during working hours from 4pm on the first day of hire. Handover outside of these hours may incur an additional fee of £50 per hour or part hour. The Hirer acknowledges having received the Vehicle in a clean condition and in sound working order in accordance with the Vehicle Handover Checklist, Vehicle Handover Record and with a full fuel tank.
Handover cannot take place unless all documents requested are brought for each Driver. The documents are: all parts of a valid current driving licence showing the address of the Driver; a utility bill or bank statement showing the same address for the Driver, a valid passport bearing the name and picture of the Driver. By prior agreement other documents may be acceptable, but the Hirer should be aware that any Driver that does not produce acceptable documents will not be able to drive the Vehicle and that if there are no Drivers able to drive the vehicle the hire will be effectively cancelled by the Hirer with no refund available.
Where a vehicle has previously been returned with a mechanical or cosmetic defect, Hi De Hi Campers may need to delay the handover whilst these issues are resolved. The Hirer agrees that a delay of up to 2 hours will be accepted to resolve mechanical issues, and that any residual cosmetic damage which does not compromise safety will fail to be good reason for the hire to be cancelled.
We will supply the van to you in good overall and operating condition, complete with all necessary documents, parts and accessories. You agree to return the van to us in the same condition as you rented it, subject to fair wear and tear, with the same documents, parts and accessories, at the location and on the date and time designated in this Rental Agreement or sooner upon demand by us. Failure to do so may result in further charges becoming due and payable by you.
You and we will check the condition of the van at the start of the rental term and on return of the vehicle. You acknowledge receipt of the van which appears, upon visual inspection, to be in good, clean condition and sound working order on collection. It is your responsibility to check the van for existing damage, upon collection of the vehicle and to inform us of such before you depart.
Collection and Return
When you arrive to collect your van, please ensure you allow at least an hour for us to show you around the van, how to drive the van, and how to operate the cooker, sink, fridge, toilet, TV, heating systems, water storage and other accessories and to brief you on our health and safety guidelines. We will also need to complete the paperwork in that time. You will also need time to load your luggage into the van.
For weekly hires commencing on a Friday, collections are at 16.00 pm and returns must be by 10.00 am on the following Friday. For Shortbreaks collection is at 16.00 pm on the first day of hire and return is by 10.00 am the last day of hire. For all hires collections on the first day of hire are at 16.00 pm and returns must be by 10.00 am on the last day of hire. Please return the van by the agreed time. Please allow sufficient time to get back to our premises so that you do not push the van too hard trying to get back in a hurry.
If at any time we have agreed that you may return the van to a place other than our depot, or if we have agreed to collect it from you, you will remain fully responsible for the van until it is collected by us or our nominated recovery company. If we have agreed that you may return the van to a place other than our depot, or if we have agreed to collect it from you at your request, you will be responsible for any costs incurred in collecting and returning the van to our depot. You are responsible for any costs incurred in returning the van to our depot should you abandon the vehicle.
We will not refund the hire charge if the van is returned prior to the return date due to weather, personal circumstances, theft, accident or any other reason whatsoever. No refund is given for early return of the vehicle.
If a van is returned to our premises later than the agreed time, without our prior agreement, £45 per hour, or part hour, will be payable. You will also be affecting the holiday of the next person to hire your campervan. Should the late return of the van make us liable for extra costs, including but not limited to the cancellation of the next hire, we reserve the right to pass on these costs to you. Charges and costs for late return will be deducted from your security deposit. By signing this Agreement you agree to us making such deductions. Should the late return be due to accident you will be liable for any revenue lost due to the van being unavailable for hire.
No later than 24 hours prior to your agreed return date and time, you can, subject to availability and with our agreement in writing or by email only (telephone and text message requests are not acceptable); extend your hire by the hour at a cost of £20 per hour or part thereof up to a maximum of 6 hours.
During or following the Rental Period the Hirer agrees to pay:
A valeting fee of £100 if the Vehicle is not returned with the interior in a clean condition;
A service charge of £30 plus the cost of fuel if the vehicle is not returned with a full fuel tank.
A surcharge of 25p per mile for distance travelled that exceeds the Included Mileage.
The cost of any damage to the Vehicle or the property of any third party, subject to the terms of the insurance cover;
The cost of any damage to the Vehicle or Living Equipment not covered by the Insurance
All applicable government fees and duties;
All parking fines, other fines or penalties, and/or the costs or replacement, reinstatement or repair following accidents, including third party property damage not reported on return of the Vehicle, and associated administrative costs incurred in relation to the Vehicle during the Rental Period;
Any other fees or charges payable pursuant to this Agreement. This includes any fees, costs or losses incurred by Hi De Hi Campers or any other party as a result of any breach of the terms of this Agreement by the Hirer;
The daily rental rate for the period the Vehicle is off fleet for accident repairs if outside the Rental Period; and
The cost to recover a Vehicle which has become bogged.
You agree that we are entitled to charge you an additional cost, if the van is not returned with the interior in a clean condition and requires more than our standard cleaning on its return to restore it to its pre-rental condition, allowing for fair wear and tear.
Occupying the Campervan
You must inform us on the booking and insurance form or subsequently in writing, a minimum of 7 days before the start of the rental period, of the names and dates of births of all the people who will occupy the campervan during your stay. Failure to do so will be a breach of these Terms and Conditions and may invalidate insurance.
If there is damage or breakdown caused by your own actions, you will be liable for the cost of repair/replacement. This could be such things as pushing the engine too hard, or putting petrol in a diesel engine, or burning out the clutch. This list is not exhaustive. You must take all reasonable and practicable steps to properly and safely maintain the camper including regular checks on; batteries, engine oil and other gauges, bulbs and tyre pressures and condition when driven more than 100 miles, refilling or replacing as necessary. If you cause damage to the engine through driving too fast over too long a period of time, and ignoring the warning lights, you will be liable for any transport costs, repairs required or even the cost of a replacement engine.
You agree that the tyres on the Van are visibly sound and appear within legal limits. Any damage or repair to tyres is your responsibility, unless it can be shown that damage is due to invisible defects in the manufacture of the tyre which are covered by a manufacturer’s warranty, in which case we may reimburse you. For any reimbursement you must: a) Return the defective tyre to us for inspection and return; b) Produce appropriate receipts; and c) Accept the decision of the manufacturer as to whether reimbursement is made.
Health and Safety
You must follow the health and safety guidelines when operating the campervan and its appliances and when using any equipment in the campervan or tent. The instructions for using the van and its accessories and facilities including the health and safety guidelines are provided to you upon receipt of the van verbally, and are to be found in the campervan manual in your campervan.
Seat Belts, Booster and Baby Seats
You must carry only as many passengers as there are seat belts in the van. You are legally responsible for obtaining and using an appropriate child or baby seat. For each child under 135 cms (4’5” inches approx) or under 12 years of age you must use a booster seat or baby seat as appropriate. For further information visit https://www.gov.uk/child-car-seats-the-rules/overview. The fitting of any such equipment is the sole responsibility of you and we can accept no liability whatsoever for defective child or baby seats not supplied by us and/or the incorrect fitting by you.
a) The Vehicle may only be driven on sealed/bitumen roads.
b) The Vehicle may not be driven at speeds above the legal limit.
c) The Hirer acknowledges that Hi De Hi Campers reserves the right at any time, at its sole discretion, to restrict Vehicle movement in certain areas due to adverse road or weather conditions or any other reasonable cause.
d) The vehicle may not carry more passengers than the seat belt capacity of the van.
Use of the Vehicle
The Hirer agrees that during the rental period the Vehicle will not be:
a) driven other than in a cautious, prudent and normal manner in accordance with all relevant laws;
b) used in a manner which could cause harm, used for any illegal purpose, or carry any object or any substance which is illegal or, because of its condition or smell may harm the van and/or delay our ability to rent the van again or used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
c) driven in a prohibited area or in restricted areas including, but not limited to, airport runways, airport service roads, and associated areas or in an area other than the areas previously indicated to Hi De Hi Campers; driven off road, on unsurfaced roads or on roads unsuitable for the vehicle;
d) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
e) left with the ignition key in the Vehicle while unoccupied;
f) left unoccupied without both the steering wheel security lock applied and the radio/CD system stored out of sight;
g) driven by any person who is not shown as a Driver/Hirer on the Vehicle Rental Agreement. Should Hi De Hi Campers find that this has occurred, they will make a deduction of £250 from the Security Deposit for each and every unauthorised driver;
h) used to undertake driving training activity or put through a rotary car wash;
i) damaged by: submersion; contact with salt water; used for any illegal purpose; used for any race, rally, test or other contest, driven or parked in contravention of any traffic or other regulations; used to tow or push any vehicle, trailer or other object; used to carry passengers or property for hire or reward; used to carry more persons than permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this Agreement; otherwise used in breach of my obligations under this Agreement
The Hirer acknowledges that, in accordance with the relevant legislation, the Driver of the vehicle is responsible for the safety of any children using baby or child seats. The supply and fitting of any such equipment is the sole responsibility of the Hirer and Hi De Hi Campers can accept no liability whatsoever for defective child or baby seats or the incorrect fitting of the same by the Hirer.
Alterations to the Vehicle
The Hirer shall not make any alterations or additions to the Vehicle without the prior written consent of Hi De Hi Campers.
The Hirer shall take reasonable steps to properly maintain the Vehicle, including oil checks and batteries. If you have any difficulties report these immediately to us. In the event of breakdown, recovery or repair services will be provided. All our vans have Breakdown Cover. The Hirer acknowledges that Hi De Hi Campers will reimburse expenditure up to £40.00 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:
a) Work has been undertaken with the prior consent of Hi De Hi Campers;
b) Any claim is accompanied by the relevant receipts; and
c) The damage is not due to any fault or breach of this Agreement by the Hirer.
Repairs costing in excess of £40 must be authorised by us PRIOR to the work being undertaken.
The hire includes upto 1000 miles of travel per week hired (e.g. Two weeks = 2000 miles etc). Extra miles are charged at 25p per mile. There will be no refund if you do less mileage.
The fuel tank will be full on collection and must be returned to us full. An administration charge of £30, plus the cost of the missing fuel will be deducted from your security deposit if the van is returned with missing fuel. The vans use unleaded petrol.
Camping Gas is provided for the cooker. We will meet the cost of one additional cylinder of gas on production of a valid VAT receipt. We will not pay for an incorrect size or make of gas cylinder and will charge you £70 for replacing the incorrect size or make of gas cylinder.
It is illegal to smoke inside our vans or tents. You will be liable for the cost of a professional clean of the van and its equipment plus any damage or smoke contamination caused to the van, the tent or their contents through smoking.
We cannot be held responsible for the cleanliness of drinking water obtained from various campsites and you are advised to check this with the site owners on arrival. The onboard water tank in the van is not for drinking water.
The Hirer acknowledges that any damage, repair costs or extra valeting costs incurred from a pet being in the Vehicle must be paid for in full.
In the event that keys are lost or damaged you will be liable for the reasonable costs of obtaining replacement keys, and any costs associated with providing the keys to you during the hire period. You must lock the van at all times when not in use. A crook-lock is also provided for use on the steering wheel which should be fitted in all cases when the van is unattended.
During the period of the hire you may park your car on the road near our premises but do so at your own risk. We cannot accept responsibility for the loss of, or damage to your car or its contents.
Prohibited use of the Van
You are authorised to drive the van on the conditions of this Agreement including, at all times, to use the van in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or loss incurred by us or any damages or reasonable expenses we suffer or incur as a result of your breach of the Agreement. We reserve the right to take back the van at any time, and at your expense, if you are in breach of this Agreement. You must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use. You must use seat belts, child seats and other child restraints as appropriate and required by law.
Loss or Damage
You will be liable to us for all losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories, while on rental, if this damage, loss or theft involves the deception of or by you or another party, or as a result of the keys remaining in the van whilst it is unoccupied, or was caused intentionally or negligently by you or your party. Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the van unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or our breach of this Rental Agreement. You will be liable for the loss or damage to any in-car entertainment equipment – cover for these items (for example; the DVD player and the CD player) is not provided by our insurers.
Hi De Hi Campers will hand over the vehicle in good mechanical condition. The Vehicle is covered with RAC providing roadside repair or recovery and transport of vehicle and occupants back to Hi De Hi Campers HQ. In the event of a breakdown:
a) If appropriate and if available, Hi De Hi Campers may take reasonable steps to replace the Vehicle at its location, but this is not guaranteed
b) The liability of Hi De Hi Campers is limited to the cost of returning the vehicle and the Hirer to the point of hire.
c) The Hirer expressly releases Hi De Hi Campers from any liability for consequential losses arising from a breakdown, and you are strongly advised to take out independent travel insurance to cover costs and possible compensation arising. Examples of consequential losses are accommodation costs and the cost of missed events.
A replacement van may be offered but this will be subject to availability. Where a replacement is not available our liability extends to refunding your hire charge for any days you lose the total use of the vehicle. You will need to return to the depot using the Breakdown service provided, returning your original campervan to collect a replacement vehicle, if one is available. If you have caused the breakdown through your own actions you will be liable for all costs incurred and we will not refund you any unused days of hire. If you have broken down you must remain at a safe distance from the van until the Breakdown Recovery Vehicle arrives. You may not abandon the van at the roadside. You must hand over the keys to the authorised Breakdown Recovery Vehicle Driver. You must allow us to speak with the Recovery Vehicle Driver if we request to do so or if the Recovery Vehicle Driver requests to speak to us. If you abandon the vehicle, we will deduct any transport and labour costs incurred in returning the van to our depot and any costs arising from loss or damage to the van whilst it is unattended from your Security Deposit.
Accidents, theft and vandalism
You must, where possible, report any traffic accident involving the van to the police (and us) and report loss, damage or theft involving the van to the police (and us) within 24 hours of the accident, incident or discovery of the incident. Our insurance requires that you must not admit to any liability, release any party from liability, settle any claim or accept any disclaimer in the event of the accident, but should, if possible, take the names and addresses of everyone involved, including witnesses, car registration numbers, together with all the details of the accident, time, place, how it came about, damage to vehicles etc. If you have a camera, take photos of the scene. Please do not move the vehicles before the police arrive, as long as keeping them in situ is a safe thing to do.
An accident or theft report form must always be completed and submitted to us when you return the van or within 3 days of return of the vehicle, containing all the above information, plus diagrams if possible. In the event of theft, you must return the keys to us where possible. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings, providing evidence and attending court if necessary, arising out of any loss of or damage to the vehicle.
Return of items left in the campervan
We will be happy to return your belongings left in the campervan at the cost of postage and an administration and packing charge of £5 per item. This will be deducted from your security deposit or invoiced as necessary.
You are personally liable for all road tolls, fines and legal penalties (e.g. parking tickets, speeding) which are incurred during your period of hire. Any charges subsequently notified to us, will be immediately invoiced to you and we will require payment within 14 days. If we are still holding your security deposit at this time, we will deduct this sum from that deposit. By signing (or confirming online) this Agreement, you accept this. You are liable for any losses or damage caused by you and/or your group and we cannot accept liability for any losses or damage or liability caused by you to yourselves or third parties, or their property.
You are liable for any damage above cab height – you are fully responsible for damage caused by failure to assess the height of the van and striking overhead or overhanging objects. You will indemnify us against any liability, caused by damage to overhead or overhanging objects and subsequent damage to third parties and their property. You will also be responsible for any damage to third parties and their property that arises through your negligence; for example and without limitation: damage caused through loaded luggage and cycles.
You must use the van and its contents responsibly and comply with our instructions and Health and Safety Guidelines. Where no instructions or advice or guidelines are given you must assume that ‘normal’ and ‘common sense’ rules apply.
Breaches of these Terms and Conditions
If you commit a breach of these Terms and Conditions or our Health and Safety Guidelines, we will have the right to terminate your booking without notification, and if you are already in the van, we may require you to return or vacate it immediately. In the event of you committing a breach of these Terms and Conditions no refund of the fees you have paid will be returnable to you. You will also be liable for any costs incurred in returning the van to our depot. Breaches in our Terms & Conditions or Health and Safety Guidelines may invalidate your insurance and you will be liable for all losses howsoever sustained including claims by third parties.
Release and Indemnity of Hi De Hi Campers
Subject to its obligation to hand over the Vehicle or an appropriate substitute Vehicle, the Hirer releases Hi De Hi Campers, its employees and agents, from any liability for any loss or damage incurred by the Hirer by reason of this Agreement, including but not limited to:
a) Any loss or damage caused by breakdown, mechanical defect or the Vehicle being unsuitable for any purpose;
b) Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Hi De Hi Campers premises or recovered or handled by Hi De Hi Campers.
Subject to any insurance arrangements agreed with Hi De Hi Campers, the Hirer hereby indemnifies and shall keep indemnified Hi De Hi Campers, 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 the Hirers use and/or possession of the Vehicle.
Our Liability to You
We will only be liable for any loss or damage suffered by you or any member of your party or to your or their property, where such loss or damage is due to our negligence.
Where you are a customer acting in the course of a business, this paragraph shall apply instead of the one above. (You will have obtained our permission and that of our insurance company to use the van for business purposes.) We do not accept liability to customers acting in the course of a business for losses of profits, business, contracts, goodwill, anticipated savings, expenses, or other similar losses, for any reason whatsoever. To the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of our liability to business customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by you for the right to use the van for the period agreed.
The Company will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by the negligence of the Company, its employees, contractor or agents or otherwise). The Company’s total liability shall not exceed the value of the charges received by it under the Contract.
All charges and expenses payable by the Hirer under this Agreement are due on demand by Hi De Hi Campers. If the Hirer does not pay all charges due, a late charge of 1.5% per calendar month on the outstanding balance and any collection costs incurred by Hi De Hi Campers, including reasonable legal fees, will be added. When the Hirer comprises more than one person, each person is jointly and severally liable for all obligations of the Hirer pursuant to this Agreement.
The Company accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
These Terms and Conditions override and supersede all previous versions and any previous course of dealing between the parties and incorporate the whole Agreement together with any insurance conditions notified to you at the time of hire or collection (and which are available to view at our headquarters). In the event of any inconsistency between these Terms and Conditions and any other of our literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms and Conditions will prevail. If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
When you book your campervan, we collect personal information such as your name, email address, home address, telephone number, driving licence details, etc. This allows us to book the campervan and insurance for you. We will also collect non-transactional data should you enter a competition, request a brochure or take part in a survey, for example. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest brochure, supplements, newsletters and special offers. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post. We reveal your identity information to our insurance company. We will not sell your information to another company.
The Hirer and any driver agree that all information submitted, may be shared with third parties, including other hire companies and vehicle providers in the event of the Lessor suffering unrecoverable loss or fraud. Such information will be used to help prevent fraud and other criminal activities.
By submitting any material, being pictures, video, written statements or any other matter, to Hi De Hi Campers I am stating my acceptance of the following terms:
• I confirm that I am the owner of the copyright to the material and indemnify Hi De Hi Campers against any breach of copyright made by a third party.
• I grant Hi De Hi Campers permission to use this material in any and all of its publications, including website entries, without payment or any other consideration. I waive any right to royalties or other compensation arising or related to the use of the material.
• I further hold harmless and release and forever discharge Hi De Hi Campers from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorisation.
Governing law and jurisdiction
We and you agree that the Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. We and you irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.
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.