Definitions of Terms and Conditions
'I','me' and 'my'
Refers jointly and severally to the person or persons who are the customers.
'This Agreement'
Means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other Cool Camper Hire Limited literature, the provisions of these Terms and Conditions apply.
‘Cool Camper Hire Ltd’
Means Cool Camper Hire Ltd owned by Alan Roberts, 22 Kirktonfield Drive, Neilston, Glasgow, G78 3PJ.
'Customer'
Means the person or persons nominated as the hirer under the heading 'Hire Details' on the Insurance Motor Rental Agreement and any person whose credit card is presented in payment of the customer’s charges.
'Living Equipment'
Includes but is not limited to DVD Player, satellite navigation equipment, crockery, cutlery, cooking utensils, pillows, sheets and towels.
'Rental Period'
Means 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.
'Vehicle'
Means the vehicle described under the heading 'Vehicle Details' on the Rental Agreement and includes tyres, tools, accessories, the living 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 Cool Camper Hire Ltd.
'Security Deposit'
Means the Vehicle security deposit detailed under the heading 'Vehicle Security Deposit' in the Insurance Motor Rental Agreement.
1. Delivery and Return of the Vehicle
I acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Departure Checklist and with a full fuel tank and one full gas bottle. The gas bottle must be of the exact same type and fitting.
I will return the vehicle in a clean condition with a full fuel tank, on the return date and time set out under the heading 'Check in' in the Rental Agreement.
I acknowledge that Cool Camper hire 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.
2. Rental and Other Charges
I will pay Cool Camper Hire Ltd:
• All rental charges;
• The security deposit;
• If the Vehicle is not returned with the interior in a clean condition then a charge will be made to reflect the costs of returning the Vehicle to its condition at the time the rental period began;
• The nominated additional fee of £50 if the toilet is not emptied prior to the return of the Vehicle;
• The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the Vehicle;
• The cost of any damage to the Vehicle or the property of any third party, subject to the insurance or CWD cover;
• All government fees and duties etc;
• All parking fines, other fines or penalties, 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;
• Any other fees or charges payable by me pursuant to this agreement. This includes any costs incurred by Cool Camper Hire as a result of any breach by me of the terms of this Agreement;
• The daily rental rate for the period the Vehicle is off fleet for accident repairs (demurrage);
• The cost to recover a Vehicle which has become bogged.
3. Errors in Rental Charges
Total charges as set out therein are not final. I will pay any shortfall in charges to Cool Camper Hire and I will receive a refund for any overcharge acknowledged by Cool Camper Hire.
4. Payment of Charges Joint and Several Liability
All charges and expenses payable by me under this Agreement are due on demand by Cool Camper Hire Ltd. If I do not pay all charges when due, I agree to pay a late charge of 2.0% per month on the outstanding balance and any collection costs incurred by Cool Camper Hire Ltd, including reasonable legal fees. 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.
5. Credit Card Payment
Cool Camper Hire Ltd will accept payment by credit cards approved by Cool Camper Hire Ltd and all such payments will be subject to an additional 2.5% charge. Where payment is paid by credit card, I agree that;
• Cool Camper Hire 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 and associated administration costs).
• I will not dispute my liability to Cool Camper Hire Ltd for any amount due under this agreement and I shall indemnify and keep indemnified Cool Camper Hire Ltd against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
• Cool Camper Hire Ltd may process the credit card voucher; in the event that Cool Camper Hire Ltd elects to accept payment of the Security Deposit by holding an open security payment which will be cancelled at the completion of the Rental Period, I agree that Cool Camper Hire Ltd is entitled to recover payment from my credit card issuer pursuant to paragraph (1) in respect of any amounts due which were not known at the time of canceling the open security payment.
• I acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card and the amount refunded within 7 days after the expiration of the rental period. I release Cool Camper Hire Ltd from any liability for such variation.
6. My Warranties
I warrant that all information supplied by me to Cool Camper Hire Ltd in connection with this agreement is true.
7. Vehicle Damage - Insurance Cover
I 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;
• I 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.
8. Security Deposit
• On taking delivery of the Vehicle, I agree to pay the Security Deposit.
• I irrevocably authorise Cool Camper Hire Ltd to deduct from the Security Deposit any amounts due by me to Cool Camper Hire Ltd arising out of this Agreement.
• The security deposit will be refunded by Cool Camper Hire Ltd within 7 working days of the vehicle being returned to the correct location, undamaged, with a clean interior with a full fuel tank. We reserve the right to retain a £50 soiling fee if the Vehicle is not returned with the interior in a clean condition. The toilet must be emptied prior to the return of the vehicle or an additional £50 soiling fee will be retained.
9. Road Restrictions
• All Vehicles may only be driven on sealed / bitumen roads or on regulated campsites.
• I acknowledge that Cool Camper Hire Ltd reserves the right at any time, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
10. Use of the Vehicle
I agree that during the rental period, I will not and will not allow the Vehicle to be;
• Driven otherwise than in a cautious, prudent and normal manner;
• Used in a manner which could cause damage;
• Driven in a prohibited area or in an area other than the areas indicated by me to Cool Camper Hire Ltd;
• Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
• Left with the ignition key in the vehicle while it is unoccupied;
• Where either a DVD player and or satellite navigation system have been hired as an extra as part of the rental agreement, these items must not be left visible within the Vehicle when it is left unoccupied;
• Driven by persons:
o Under the age of 25 years; or
o Who is not authorised by law to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading 'Driver Details' in the Motor Rental Agreement.
• Damaged by:
o Submersion in water;
o Contact with Salt Water;
o Used for any illegal purpose for any race, rally or contest;
o Used to tow any vehicle or trailer;
o Used to carry passengers or property for hire or reward;
o Used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement;
o Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
o Otherwise used in breach of my obligations under this Agreement.
11. Alterations to the Vehicle
I shall not make any alterations or additions to the Vehicle without the prior written consent of Cool Camper Hire Ltd.
12. Pets
I will not allow any animals to be carried in the Vehicle unless approved by Cool Camper Hire Ltd in writing prior to the commencement of the Rental Period. I agree that any damage repair costs or extra valeting costs caused by a pet must be paid for in full by myself.
13. Passengers
Cool Camper Hire Ltd authorises the use of these vehicles for up to five people (including the driver). Each person must use the safety restraints provided at all times whilst the Vehicle is in motion.
14. Smoking
I will not allow any individual to smoke inside the Vehicle during Rental Period.
15. Maintenance
• I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries.
• I acknowledge that Cool Camper Hire Ltd will reimburse me for expenditure up to UK £40 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the fresh water system, refrigerator, internal space heating, audio and DVD equipment) Provided That:
o I produce relevant receipts; and
o I have received the prior consent of Cool Camper Hire Ltd;
o 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 PROVIDED THAT Cool Camper Hire Ltd will reimburse me for expenditure reasonably incurred if;
o I produce relevant receipts;
o The tyre is defective and is returned by me to Cool Camper Hire Ltd for inspection; and
o The manufacturer accepts liability under his warranty.
• I will be liable for any costs associated with the incorrect use of fuel (fuel being petrol).
16. Responsibility when accidents occurs
• In the event of any accident, loss or damage arising out of the use of the vehicle, I will
o Notify Cool Camper Hire Ltd within 24hrs of the happening of the event;
o Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
o Complete a European accident report form as supplied;
o Not make any admission of liability to other parties, settlement offer or other like offer;
o Assist Cool Camper Hire 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. Cool Camper Hire Ltd recommends that the hirer should take out their own insurance policy to cover them in the unlikely occurrence of such an expense.
17. Terminating the Agreement
I acknowledge that Cool Camper Hire 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 Cool Camper Hire Ltd reasonably believes that the Vehicle will not be returned on the agreed return date;
• Cool Camper Hire 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.
18. Change of Vehicle
Cool Camper Hire 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.
19. Release and Indemnity of Cool Camper Hire Ltd
• Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release Cool Camper Hire Ltd, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:
o Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
o Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any Cool Camper Hire Ltd premises or recovered or handled by Cool Camper Hire Ltd.
• Subject to any insurance arrangements agreed with Cool Camper Hire Ltd, I hereby indemnify and shall keep indemnified Cool Camper Hire 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.
20. Title to Vehicle
I acknowledge that Cool Camper Hire 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 Cool Camper Hire Ltd’s 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.
21. Changes
Any changes to this agreement must be in writing and must be signed on behalf of Cool Camper Hire Ltd and by me.
22. Proper Law
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
23. 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. Cool Camper Hire Ltd reserves the right to add or amend any rental charges without prior notice.