Terms & Conditions
- Title
The vehicle and its contents are to remain the property of Imperial Motorhomes Ltd (hereafter referred to as Imperial) at all times.
- Rental period
The conditions of this Agreement apply to any vehicles, including replacement vehicles, rented from Imperial. The Agreement consists of the Booking Form/Hire Authorisation, Vehicle Condition Report and these Terms and Conditions.
Renter will rent the vehicle for the rental period shown on the Agreement. No changes to the rental period will be allowed unless agreement is given in writing by Imperial.
If Renter does not bring the vehicle back on time he/she is breaking the conditions of the Agreement. Imperial can charge Renter for every day or part-day Renter has the vehicle after he/she should have returned it to Imperial, plus any losses incurred from Imperial’s failure to meet any subsequent rental periods caused by the Renter not returning the vehicle on time.
- Renter’s responsibilities
- Renter must look after vehicle and keys. Renter must always lock the vehicle when he/she is not using it, and will incur a charge (which Imperial will set from time to time) for lost keys. Renter must use any security device fitted to or supplied with the vehicle.
- Renter is responsible for ensuring that he/she uses the correct fuel. Any costs incurred by Imperial to rectify any damage or potential damage caused by the Renter using the wrong fuel, shall be payable in full by the Renter. There shall be no limit to the amount to be applied under these circumstances.
- Renter is responsible for any damage to the roof or upper part of the vehicle caused by hitting low objects, such as bridges or branches. A maximum £2000 excess charge shall apply under this condition.
- Renter must not sell, rent or dispose of the vehicle or any of its parts. Renter must not give any legal rights over the vehicle.
- Renter must not let anyone work on the vehicle without Imperial’s written permission.
- Renter must let Imperial know as soon as he/she becomes aware of any defect(s) or damage in or to the vehicle.
- Where Imperial has agreed to deliver the vehicle to Renter, Renter’s liability for damage and theft shall begin on delivery of the vehicle. Renter must bring the vehicle back to the agreed location, during the opening hours shown on the booking form, unless otherwise previously agreed with Imperial. Where Imperial has agreed that Renter may return the vehicle outside of the agreed hours, or where the Renter has requested collection of the vehicle, Renter’s liability for damage and theft shall extend to the earlier of 17:00 of the first working day following the requested collection time or the time of re-inspection by a member of staff.
- Damage to the vehicle includes glass and tyre damage.
- Renter will have to pay for repairs if the vehicle needs more than Imperial’s standard valeting (cleaning), or if the vehicle has been damaged inside or outside (whether or not it is the Renter’s fault)
- Renter must check before he/she brings back the vehicle that he/she has not left any belongings in the vehicle. Imperial shall have no responsibility for any belongings left in the vehicle, other than those stated in Clause 17.
- Imperial’s responsibilities
Imperial shall ensure that the vehicle is maintained to at least the manufacturer’s recommended standard. Imperial undertakes that the vehicle is roadworthy and suitable for renting at the start of the rental period. Imperial shall identify and agree any existing damage with Renter on the Vehicle Condition Report.
- Conditions for using the vehicle
The vehicle must only be driven by the person(s) named in the Agreement, or by anyone Imperial authorises in writing. Anyone driving the vehicle must be aged between 25 and 70 and must have held a full licence for no less than a period of 2 years at the rental start date. Renter or any authorised driver must not:
- Use the vehicle to attend any organised event without the prior agreement of Imperial.
- Use the vehicle for hire or reward, competition or trial, or for drawing a trailer of any description. The Renter must ensure that the vehicle and its contents are used in a proper and careful manner for social and domestic purposes only, unless the express written consent is given by Imperial in advance.
- Use the vehicle for any illegal purposes
- Use the vehicle off-road, other than to enter a recognised camping site.
- Use the vehicle under the influence of alcohol or drugs.
- Carry a number of passengers or baggage which would cause the vehicle to be overloaded.
- Drive the vehicle outside the United Kingdom unless permission is given in writing by Imperial. Renter must note that Foreign Travel Vehicle Insurance is compulsory if the vehicle is to be taken outside the United Kingdom, and has to be proposed to the Insurer by Imperial at time of reservation.
- Condition of Vehicle and its contents
The Renter acknowledges delivery of the vehicle free from any defects or damage, other than that which is specified on the Vehicle Condition Report agreed at the time of commencement of the hire. Apart from any other requirements in these conditions of hire, the Renter shall return the vehicle and its contents in a clean condition, including all cooking appliances, and in the same condition as it were received at the commencement of the hire. All vehicles must be returned with all waste tanks emptied. Failure to empty tanks will result in a £50 penalty charge. Vehicles returned in an unreasonably dirty interior condition shall incur a £50 penalty charge. These charges are deducted by Imperial from the Renter’s security deposit as described in Clause 7c.
- Charges
Renter agrees to pay the following charges:a) 25% of the full hire price on booking. Imperial will reserve the right to accept other bookings for the rental period if the deposit is not paid. The 25% deposit is non refundable if for any reason the rental is cancelled by the Renter.
b) Remainder of the balance (i.e. the difference between the full rental cost, including any extras, and the deposit paid) 4 weeks before the start of the rental period. If the balance is not fully paid, Imperial reserve the right to cancel the booking. All monies received within 4 weeks of the rental start date are not refundable and are considered to be cancellation charges, should the Renter subsequently cancel the hire and Imperial are not able to fill the hire period with additional hires.
c) A security deposit of £750 is payable on collection of the vehicle and is fully refundable if the vehicle with its contents are returned strictly on time, undamaged, normal wear and tear expected, in a clean interior conditions as described in Clause 6 above, and that all other terms and conditions have been met. Imperial reserve the right to withhold the £750 security deposit until a full assessment of any damage has been carried out, or costs are known due to the breach of any other term or condition. Imperial reserves the right to increase the security deposit for specific events (e.g. sports fixtures, music festivals etc). Imperial shall be released from any liability for variations in the refund caused by fluctuations in exchange rates. The security deposit shall be refunded within 24 hours of the vehicle being returned undamaged.
d) A refuelling charge if the Renter has used, and not replaced, the same amount of fuel as supplied by Imperial. This charge will be equivalent of 125% of the cost of refuelling the vehicle. Imperial will provide evidence of the refuelling cost on request. Each vehicle shall be provided with a full tank of fuel.
e) All fines, court costs or other penalties incurred for parking, traffic or other offences, including any costs which arise if the vehicle is clamped. See Clause 10 below.
f) On demand, the full cost of repairing the vehicle, up to the vehicle insurance excess, or any other excess as described in these terms and conditions.
- Time of Collection and Return
Collection is to be made from Imperial at the designated address on the date of commencement of hire after 3pm, and returned on the last day of the hire, before 10am (time being of the essence), in order that the vehicle may be prepared in good time for the next Renter. Late return of the vehicle will result in a £50 charge for each full hour the vehicle is returned late. Any extensions to the hire period must be agreed by Imperial prior to the beginning of the extension period.
- Availability
Imperial shall attempt to provide a replacement vehicle in the event that the original hire vehicle is not available for any reason. If for any reason beyond Imperial’s control the vehicle or suitable alternative is unavailable, all monies paid by the Renter to Imperial will be refunded. The Renter shall have no further claim against Imperial whatsoever.
- Fines
All fines or other penalties incurred during the use of the vehicle, including parking fines, road traffic offences and other offences are the responsibility of the Renter and the Renter alone shall be liable for them. The Renter shall fully indemnify Imperial in respect of all consequential costs and expenses, which Imperial may incur in recovering the same from the Renter (including, without prejudice to the general wording of the above Imperial’s legal expenses on a full indemnity cost basis).
- Insurance
Imperial includes fully comprehensive vehicle insurance within the United Kingdom as a part of it’s hire charges, subject to the terms and conditions outlined above and below and also to the requirements of the Insurers. Drivers must be aged between 25 and 70 years. Each driver must produce, at the time of hiring, a full, domestic Driving licence, having been valid for a minimum of two years. In the event of holding a 2 part licence, both parts must be produced. The Licence is to be free of endorsements for the last five years, other than those minor endorsements which are acceptable to the Insurers. It may be necessary for referral to be made to the Imperial’s Insurers at the time of reservation to ensure that any endorsements meet with their criteria. All previous motoring convictions are to be disclosed to Imperial at the time of hiring (the Renter recognises and agrees that this is a fundamental term of hire). Two proofs of identity must be produced at the beginning of the hire.There is a £500 insurance excess on each hire that the Renter is fully liable for. In all cases, the Renter shall be responsible for all damages and costs incurred, with no limit, where any of these terms and conditions has been breached. For the avoidance of doubt it is stressed as fundamental to these conditions that the vehicle may not be driven without insurance taken out in accordance with these terms and conditions of hire. Imperial shall not maintain any other insurance in respect of the vehicle covering the same risks as that covered by the insurance under the terms of these conditions i.e. no “double insurance”
- Breakdown
In the event of a breakdown, AA roadside recovery is included in the hire charges. All repairs whatever the nature in excess of £50.00 require the express prior approval of Imperial. All repairs must be carried out by a bona fide AA or RAC approved garage. All invoices to be made out to Imperial clearly stating the repairs and parts supplied. Imperial may refuse to reimburse the Renter if the Renter fails to comply with these requirements. Imperial’s liability will be limited to the provision of a replacement vehicle, if one is available, or the return of the hire charges for the days lost. Imperial cannot be held further liable for any consequences arising from a breakdown. AA breakdown & recovery services are not included in the event of the Renter’s negligence causing the fault.
- Accidents
The Renter must notify Imperial and Insurers immediately of any accidents (even if the vehicle itself is not damaged), fire, theft or other damage to the vehicle or its contents, and to complete and immediately submit Imperial’s and Insurer’s accident reports. The Renter agrees to indemnify Imperial in respect of all losses, actions, claim costs and demands in respect of any liability arising out of an accident, damage or loss to the vehicle or its contents or to the person or property of any third party howsoever caused. In all cases, the Renter is responsible for all damage and costs arising as a result of negligence.
- Pets and Animals
The Renter strictly agrees that no pets or any other animals are carried in the vehicle at any time during the period of hire. Breach of this condition will incur a £100 penalty charge.
- Smoking
All vehicles operated by Imperial are strictly no smoking zones. The Renter agrees that under no circumstances will they smoke, or permit others to smoke inside the vehicle at any time. Breach of this condition will incur a £100 penalty charge.
- Child Restraints
New regulations governing the use of child car seats came into United Kingdom law on 18th September 2006. Each child must travel in the appropriate child restraint until that child reaches either 135cm or 12 years of age. Therefore it is a compulsory condition of hire that the Renter has the necessary child seats in the vehicle if carrying children. Child seats are available to rent from Imperial if required.
- Lost property
Any items of personal property remaining in the vehicle at the end of the hire period and found by Imperial will be held for 3 months. After this period, any items not claimed will be disposed of in a manner entirely at the discretion of Imperial. It is the Renter’s sole responsibility to collect the lost property from Imperial, and any costs associated with its return will be charged to the Renter.
- Disclaimer and Indemnity
The Renter agrees and acknowledges that Imperial is not responsible for nor liable to compensate any party for any loss or damage where so ever and however occasioned (including consequential loss) whether in respect of death, injury to any person, or in respect of loss or damage to property, goods or possessions of any person arising out of the use of the vehicle or its hire and whether caused to the Renter, any passenger in the vehicle or any third party (also the property of any such persons). Imperial is additionally not responsible for the costs incurred in hiring an alternative vehicle or accommodation in the event of a breakdown or accident.
- Other Terms
a) Imperial reserves the right to refuse to hire to any person without stating a reason, and to alter its rates and terms and conditions at any time.
b) In the absence of the Renter giving any other address, any notice for any purpose shall be deemed to be validly served if sent by first class prepaid post to that address given by the Renter on the booking form
c) If the Renter is in breach of any of the above terms and conditions:
I. The Renter shall return the vehicle and its contents immediately, upon demand made by Imperial.
II. The Renter will pay to Imperial on demand any loss that Imperial may suffer.
III. The Agreement shall thereupon be determined by Imperial’s rights and remedies in damages and any other rights preserved.
d) This Agreement is governed by Scottish Law.
