Terms and Conditions

CONWY CAMPER HIRE
TERMS AND CONDITIONS
BACKGROUND: These Terms and Conditions shall apply to the rental of all vehicles from Conwy Camper Hire (“the Company”) by customers who are renting the Vehicle for personal purposes.

    1. Definitions and Interpretation
      1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“CD Offence” means a Careless driving offence
“Class” means the category into which the Vehicle falls as determined by the Company and set out in Clause 2 of these Terms and Conditions;
“Customer” means the customer who is renting the Vehicle subject to these Terms and Conditions;
“DD Offence” means a reckless or dangerous driving motoring offence;
“DR Offence” means a reckless or dangerous driving motoring offence;
“Recovery Service” means the Company’s chosen recovery service.
“Rental” means the rental of the Vehicle by the Customer subject to these Terms and Conditions;
“Rental Agreement” means the agreement entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Rental of the Vehicle;
“Rental Fees” means the sum payable by the Customer for the Rental as determined under Clause 5 of these Terms and Conditions;
“UT Offence” means a theft or unauthorised taking motoring offence; and
“Vehicle” means the vehicle falling into one of the Classes set out in Clause 2 which the Customer is renting for the duration of the Rental Agreement.
      1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
      1. writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

      2.  a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

      3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

  • a Schedule is a schedule to these Terms and Conditions;
  • a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
  • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions
  • Words imparting the singular number shall include the plural and vice versa.
  • References to any gender shall include the other gender.
    1. Vehicle Classes

Subject to the provisions of Clause 3, the Company offers the following Class of Vehicle: VW Campervan

    1. Driver Eligibility Requirements
      1. The Customer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least 2 years at the commencement date of the Rental. In the case of UK driving licences both the photocard licence and the paper counterpart licence must be produced before the Vehicle will be released to the Customer. Copies of licences will not be accepted.

      2. The Customer must be at least 25 and not more than 75 years of age to rent a Vehicle from the Company.

      3. Customers with more than two three point convictions on their driving licence will not be permitted to rent a Vehicle from the Company.

      4. Customers who have been banned from driving for a period of 12 months or more as a result of a CD, DD, DR or UT Offence will not be permitted to rent a Vehicle from the Company for a period of 5 years following the restoration of their licence.

      5. The Customer must present two recent (within the last 3 or 4 months) utility bills (in addition to all drivers, driving licences) prior to collecting the Vehicle. They should include the Customer’s home address. A copy of the Customers passport will also be required on collection of the Vehicle.

    2. Rental Term
      1. The Vehicle will be made available for collection by the Customer at the time, date and location shown in the Rental Agreement

      2. The agreed Rental Term will be set out in the Rental Agreement. The Customer must return the Vehicle to the collection point at Company base at the end of the Rental Term

      3. If the Customer is late in returning the Vehicle by more than 1 hour the Company shall charge the Customer for an additional day’s rental at the normal daily rate for that Vehicle, plus any additional relevant charges, surcharges or excesses. If the Customer is late in returning the Vehicle by more than 2 hour’s the Company shall charge the Customer for an additional week’s rental at the weekly rate for that Vehicle, plus any additional relevant charges, surcharges or excesses. The provisions of this sub-Clause 4.3 shall continue to apply until the Vehicle is returned

      4. If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact the Company to arrange such an extension. Extensions may be made for up to 7 days subject always to the existence of prior reservations made by other customers.  The Company shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Vehicle to the Customer beyond the end of the pre-existing Rental Term.

      5. The Company reserves the right to recall the Vehicle immediately at any time.  In the event that the Company exercises this right the Customer will be reimbursed for any and all full days remaining in the Rental Term or will be issued immediately with a replacement Vehicle at no additional cost. If the Vehicle is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter the Customer’s property and use any means necessary to recover the vehicle.  The Customer shall be charged for any costs associated with such recovery.

    3. Fees, Payment, Documents and Booking Cancellation
      1. The Rental Fees will be determined by reference to the length of the Rental Term, any relevant surcharges and any additional items which may be included in the Rental.

      2. The Customer will be required to pay 50% of the booking value by credit/debit card at the time of booking. With the remainder of the balance being due no later than one month (30 days) prior to the hire date. The security deposit as set out in sub-Clause 5.3 is due no later than 1 week (7 days) prior to the hire date.

      3. A security deposit of £500 will be paid by the Customer no later than 7 days prior to the hire date which will be refunded to the Customer one week after the end of the Rental Term provided no costs have been incurred during the Rental Term under sub-Clauses 6.9, 7.2, 7.8 and 8.3. If such costs are incurred, they will be deducted from the security deposit.

      4. In the event that full payment and documentation as stated in condition 3.1 is not received 30 days prior to the hire date, the booking shall be deemed cancelled by the Customer and subject to the terms of sub-Clause 5.5. Similarly if the Security deposit of £500 is not received prior to the hire date, the booking shall be deemed cancelled by the Customer and subject to the terms of sub-Clause 5.5

      5. Cancellation must be made no less than 30 days prior to the hire date, after which time any/all payments (excluding security deposit as set out in sub-Clause 5.3) will be non refundable.

      6. The Customer will be required to provide a signed Rental Agreement and a copy of the documents stated in condition 3.1, 30 days prior to the rental start date (unless the booking is made less than 30 days prior to the hire start date in which case the documents will be required immediately). Failure to provide this documentation will result in cancellation of the booking subject to the terms of sub-Clause 5.5

    4. Vehicle Usage
      1. The Customer may only use the Vehicle for the normal purpose for which it is intended. The Vehicle may only be loaded to its maximum design capacity and should be loaded in such a way that does not put the Vehicle at any risk of damage.

      2. The Customer may not fit a roof rack, roof box or any other form of external carrier other than those approved and provided by the Company.

      3. Towing is permitted only where the Vehicle has been fitted with a towbar.  The Company will inform the Customer of the maximum towing weight for the Vehicle and provide instruction on the correct usage of the towbar at the time of collection.

      4. The Vehicle must not, under any circumstances, be used for the transportation of inflammable, toxic, corrosive, radioactive, biohazardous or other dangerous goods or substances.

      5. Subject to the prior approval of the Company, Customers are permitted to transport domestic pets in the Vehicle. The transportation of other animals is not permitted (save for those in trailers which are being towed as permitted under sub-Clause 6.3).

      6. Use of the Vehicle on anything other than normal public roads (the definition of “normal public roads” includes private roads, drive ways, car parks etc.) is not permitted.  This prohibition includes, but is not limited to:

        1. Off-road driving
        2. Participating in racing or other competitions of any kind; and
        3. Speed testing or time trials.
      7. Further restrictions apply to the Customer’s use of the Vehicle.  The Customer may not:

        1. Use the Vehicle for any illegal purposes (including exceeding speed limits and other breaches of the Highway Code);

        2. Use the Vehicle whilst under the influence of alcohol or drugs;

        3. Use the Vehicle for the purposes of instructing learner drivers;

        4. Allow any driver that is not a party to the Rental Agreement to drive the Vehicle;

        5. Use the Vehicle for the carrying of passengers for financial gain; and

        6. Sub-rent the Vehicle.

      8. Unless otherwise agreed at the time of Rental, the Customer may only drive the Vehicle within the United Kingdom.

      9. The Vehicle will be supplied to the Customer with a full tank of diesel. During the term of the Rental the Customer shall ensure that they use the correct fuel.  The Vehicle must be returned to the Company with a full tank of fuel. Failure to do so will result in the Customer being charged for the required amount of fuel, plus an administration fee of £25.

      10. In the event that the Customer uses incorrect fuel in the Vehicle they must neither drive it nor attempt to remove the fuel. The Customer must contact the Company and the Company shall dispatch its Recovery Service to take the necessary action. The Customer will be charged at the full rate for any expenses incurred by the Company in this regard, plus an administration fee of £25.

      11. The Customer must always lock the Vehicle and activate any installed security systems when leaving it unattended, irrespective of the length of time for which it will be so left.

        12. Milage limits apply to all bookings. 100 miles per hire night is included, excess milage will charged at 25p per mile.

         

         

    5.  Vehicle Care and Maintenance

      1. The Vehicle will be supplied in a clean and road-worthy condition having been fully valeted and subjected to a full mechanical inspection which includes topping up all necessary fluids and oil and checks on all tyres.

      2. The Customer shall ensure that the Vehicle is returned to the Company in a similarly road-worthy condition. Whilst the Customer is not required to clean the Vehicle under normal circumstances, any spillages, stains or excess dirt, mud, sand etc. inside the Vehicle which occur during the term of the Rental must be cleaned by the Customer OR will incur an additional charge. No replacement of fluids by the Customer is required however the Customer may (but not must), if necessary, refill the screen wash reservoir with suitable pre-mixed or diluted screen wash.

      3. If the tyres on the Vehicle become punctured or damaged during the term of the Rental for any reason other than normal wear and tear the Customer must replace, at their own expense, that / those tyre(s) with tyres of the same brand, type and dimensions. The Customer must inform the Company of any such replacements.

      4. The Rental is inclusive of breakdown cover which shall be provided by the Company’s Recovery Service. The Customer will be provided with contact details for the Recovery Service at the time of collection. Under no circumstances should the Customer use any other recovery service.

      5. If any mechanical failure occurs during the term of the Rental the Customer must immediately cease driving the Vehicle and contact the Company whereupon the Company shall dispatch its Recovery Service to take the necessary action. The Company will bear the expense of any remedial work required provided the damage or failure is not found to be the fault of the Customer and provided such remedial work is carried out by an authorised repairer.

      6. The Customer should not attempt to make any repairs to the Vehicle. This includes, but is not limited to, mechanical repairs and bodywork repairs.

      7. In the event of failure under sub-Clause 7.5 the Company shall have the option of repairing the Vehicle, making a replacement Vehicle available or providing a pro-rata refund to the Customer.

      8. The Company shall ensure that the Vehicle is fully insured pursuant to Clause 8. If any damage occurs to the Vehicle for which an insurance claim cannot be made such as that caused by other unidentified persons or vehicles or by hitting low-level objects such as bridges or low-hanging trees, the Customer shall be deemed fully responsible

    6. Insurance
      1. Standard insurance cover is provided as part of the Rental. This cover includes the following provisions:

      1. Death or personal injury of or to a third party;

      2. Damage to the property of a third party (limited to £5,000,000); and

      3. Theft of the Vehicle and damage inflicted upon the Vehicle during an attempted theft.

    7. Accidents, Theft and Damage
      1. In the event of an accident the Customer must not admit any fault or responsibility.  The Customer should take the following steps:

      1. Make a detailed note of the names, addresses, telephone numbers and car registration numbers of any other parties involved in the accident – indicating also whether those parties are the owners of their respective vehicles;

      2. Make a detailed note of the names, addresses and telephone numbers of any witnesses;

      3. Contact the police in the event of any suspected injuries or any disputes over responsibility;

      4. Contact the Company and inform them of the accident, following any further instructions the Company may issue;

      5. Secure the Vehicle in a safe location, with police assistance if necessary.

      6. If the Vehicle is stolen the Customer must firstly inform the police of the incident, providing all details requested. The customer must then inform the Company providing all details of the incident including information provided by the police including, where relevant, the crime reference number.

      7. If any damage occurs to the Vehicle for which an insurance claim cannot be made such as that caused by Customer error, other unidentified persons or vehicles or by hitting low-level objects such as bridges or low-hanging trees, the Customer shall be deemed fully responsible.

      8. Any damage to the vehicle will incur a £50 (minimum) administration fee.

      9. In addition to the replacement cost, lost keys will incur a £2 (minimum) per mile delivery fee if the Company is required to deliver replacements in person.

      10. Smoking is not permitted in the vehicle, a fine of £50 will be levied if smoking is evident.

    8. Fines, Penalties, Tolls and other Charges
      1. In the event that a penalty charge notice, fine or similar penalty is issued which concerns the Vehicle during the Rental Period the Company will immediately inform the Customer and shall require them to pay the fine either to the Company or to the issuing authority as the case may be.

      2. If the Customer receives any parking fines while the Vehicle is in their possession full payment of such fines must be made by the Customer directly to the relevant authority.

      3. If the Customer takes the Vehicle into the London Congestion Charging Zone the Customer shall be required to pay the Congestion Charge directly by contacting Transport for London on 0845 900 1234.

      4. If the Customer takes the Vehicle on any toll road or other chargeable route the Customer shall be solely responsible for paying the requisite charges.

    9. Data Protection
      1. Subject to the exceptions in sub-Clause 10.2 the Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

      2. The Company has the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to, the DVLA and the police. In the event that the Customer is in breach of these Terms and Conditions the Company may also pass on any such information to credit reference agencies and debt recovery agencies.

    10. Termination
      1. Where the Customer is an individual, the Company shall be entitled to terminate the Rental Agreement in the event that:

        1. the Customer is in breach of these Terms and Conditions;

        2. the Customer has had their personal belongings confiscated in order to satisfy debts; or

        3. the Customer has a receiving order made against them.

 

      1. Where the Customer is a company, the Company shall be entitled to terminate the Rental Agreement in the event that:

        1. the Customer is in breach of these Terms and Conditions;

        2. the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

      2. In the event of termination for any of the above reasons:

        1. all payments required under the Rental Agreement shall become due and immediately payable; and

        2. the Company shall have the immediate right to request the immediate return of the Vehicle or repossess the Vehicle and may charge the Customer for any reasonable costs involved in such repossession

    1. The Company’s Liability
      1. The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence. Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Customer and the Company when the Rental Agreement is formed. The Company will not be responsible for any loss or damage that is not foreseeable.

      2. In any event, The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Rental Fees payable by the Customer.

      3. Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

      4. Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer (where the Customer is not contracting in the capacity of a business).

      5. Events Outside of the Company’s Control (Force Majeure)

The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond the Company’s control.

      1. Communication and Contact Details

The Customer may contact the Company in person at the Company’s base, by telephone at 01492 580321, mobile 07831 307031 by email at info@conwycamperhire.com, or by pre-paid post at Piper’s Hill. Garth Rd. Glan Conwy, Conwy, LL28 5TD.

    1. Other Important Terms
      1. The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.

      2. The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) without the Company’s express written permission.

      3. The Rental Agreement is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

      4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

      5. No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.

    2. Governing Law and Jurisdiction
      1. These Terms and Conditions (and the Rental Agreement) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

      2. Any dispute, controversy, proceedings or claim between the Company and the Customer relating to these Terms and Conditions (or the Rental Agreement) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.