FREEDOM OF SCOTLAND MOTORHOME AND MOTORCYCLE HIRE Terms and Conditions of Vehicle (Motorhome or Motorcycle) Hire This document will form the legal contract between the Hirer and the Owner of the hired vehicle. Freedom of Scotland Motorhome (and Motorcycle) Hire will hereafter be referred to as FOS in this document. Any reference to FOS will include all employees and any representative(s) of this company. For the purpose of this contract, any reference to Motorhome will include Motorcycle (unless indicated). The vehicle to which this contract applies/or is applicable to the hire period agreed will be noted on the last page of this document (Notification of a Hired Vehicle). This part of this contract will be duplicated for the information of the Hirer and for any UK or EEC Legal Authorities. 1. Hire rates quoted (for motorhome only) will include: 1. UK standard vehicle insurance* 2. UK Breakdown Service** 3. Insurance quotations will be provided separate to hire charges*** *Insurance loading: In some cases, FOS will incur additional charges if the driver to be insured has a traffic conviction(s) or endorsement(s), is using a non-UK driving license, is in an occupation which is deemed high risk, is below 25 years of age or above 70 years of age, and other charges/loadings as applied by the insuring company. These charges will always be passed onto the customer/hirer. **FOS will supply full breakdown cover to cover any mechanical faults to the base chassis of the motorhome. Any call out charges necessitated by the client through operator error, e.g. a flat vehicle battery will be the responsibility of the client. *** Insurance quotations will be provided once a hire booking has been confirmed and all drivers‟ details and driving history are known (subject to Para. 6 below). 2. Daily Rate and pick-up or return (description of a hired day): DAYS will be calculated as follows (Motorhome and Motor Cycle): All days will be calculated as calendar days i.e. midnight to midnight and any part thereof. Saturday to the following Saturday (or equivalent) will be charged as eight calendar days. Saturday to Friday will be 7 calendar days. All days shown on the hire agreement/Terms and Conditions document, will be treated as separate single calendar days e.g. Thurs to following Wednesday will be 7 calendar days, Sunday to Sunday will be eight calendar days. Pick-up time will always be any time chosen by hirer between 9am – 5pm on start date of hire, and return time will always be between 9am - 5pm on the last date of hire. 3. The Hire Vehicle Surcharge (HVS) / Security Deposit is £500: This surcharge will include several charges including: the standard vehicle hire insurance excess charge together with any charges incurred by FOS or their employees, associated with any repair (whether reported to the hire insurance company or not), any damage to the interior or exterior of the vehicle regardless of blame, and will include all costs incurred by the owner/FOS, including a set charge of £25 per hour, for time spent on repairs, additional cleaning (subject to penalties – see later), inconvenience, telephone calls or other arrangements for repairs, lost hours at work or leisure time, and is set at £500.00 (and at £250 for motor cycle hire (or £950 that will include the young driver excess). In the event of any damage to either the vehicle or any third person or third party property, the hirer will be totally liable for the first GB £500 (and £550 or £950 for motor cycle hire) regardless of blame. In addition, the hirer will be fully liable for any replacement or repair of any windows, window cracks or chips, tyre or wheel damage whether attributable to a third party or not. The Hire Vehicle Surcharge (HVS) will be treated as a Security Deposit and must be paid along with any balance due, prior to the start date of the hire 4. Overall responsibilities attributed to the Hirer/Driver of a hired vehicle, and the hirer/drivers responsibility and liabilities during the period of hire and beyond: The Hirer is fully responsible for the hired vehicle (motorhome or motor cycle) during the full period of the hire, and beyond if exceeded by the hirer. This will include all and any damage caused to the vehicle (however slight), any loss, any theft of and from the vehicle, except for disclosed insurance liabilities – as per the full terms and conditions of hire conditions in effect at the time, any fire, any vandalism or any malicious mischief to the vehicle, any damage caused in the commission of any crime, any damage caused by accident either by the hirer or any other third party. The hired vehicle is the full responsibility of the hirer during any period of hire including any period when the vehicle is outwith the hire period when this is due to the hirer or any person in his/her party or traveling in the vehicle e.g. when the vehicle is used beyond the hire period agreed. All and any liabilities attributable to the hire of the vehicle (either by the hirer, any authorised drivers, or any other person with his or her permission, or any other person whether third person/party or not, is the responsibility of the hirer of the motorhome/motorcycle under this Terms and Conditions Document of Hire document. This will include all charges for any Parking Contraventions anywhere in the UK or any EEC Country, all fixed and mobile Traffic Enforcement Cameras, all Traffic Violations attributable to the Driver or Hirer of the vehicle or any other Penalty that may be applied to the driver or hirer of a hired vehicle. 5. Hirers Responsibilities: (Applies to all vehicles hired by FOS). The Hirer or Driver (depending on the relevant legislation of the Country traveled by the hired vehicle) is/are responsible in full for all and every fine imposed during the period of hire (or extended if the vehicle is returned late), including all fixed penalties for Parking Offences/Speeding Offences or any Contravention of the Road Traffic Law applicable to the Country traveled in during the period of any enforcement action, any tow charges, or recovery charges, Fines imposed by the use of fixed or mobile enforcement cameras, and/or any other similar penalty, whether applied via fixed camera, mobile camera, mobile traffic enforcement vehicle, and any penalty or penalties applied by any UK or EEC Regulatory Authority (being any Legal Authority empowered by legislation by their own Legislative Authority) or by any Directive, Edict or Law passed by any EEC Authority) , including all additional requests for payment, under the described scenes, and any additional fees attached to any agreed or disagreed offences committed. The Hirer will always be fully responsible for all and any monies due and any fees incurred in the collection of such monies or penalties, to the driving, commission and responsibility of the hirer or driver or vehicle authority during the period of hire. The Hirer will be fully responsible for the conduct and responsibilities of all authorised and non-authororised drivers of the hired vehicle recorded herein. (Motorhome and Motor Cycle): In the event of any accident, it is the responsibility of the hirer/driver of the hired vehicle, to comply with the laws of the Country in which the accident/insurable event occurs. Any person who drives the motorhome, who has not been notified as an authorised driver and who is not on the insurance document issued or notified to FOS on the start date of hire or on the first day of hire, will be fully responsible for all and any or any other associated costs, to the owner and any other third party, for any events and costs associated with their driving behaviour. 6. Issues Arising from System Failure during Period of Hire (Motorhome and Motor Cycle): FOS will endeavor to sort all system faults during the period of any hire, within a reasonable travelling distance* of our registered location (*within 100 miles). If there is any failure (attributable to FOS and not caused by the use of the hired vehicle) then a refund can be negotiated for the discomfort and inconvenience caused, calculable by the necessity/importance of the system failure… Beyond this distance (100 miles) discounts will be negotiable by owner/hirer – unless applicable by insurance or breakdown conditions. Any failure attributable to the use of the hired vehicle, will not be subject to refund. 7. Security Deposit (Motor Cycle only): The Security Deposit or Hire Vehicle Surcharge (HVS) .There is a refundable GB£550.00 or £950 Security Deposit or HVS is payable by cash, credit card, cheque or traveler‟s cheque. Should the HVS be paid by credit card, the amount will be debited from your account immediately (Subject to 4% additional charge). This will be fully refundable on the satisfactory return of the vehicle (by means of a bank cheque within 7 days), and in the same condition as it was let out to you, the hirer, with the toilet empty, the interior clean including all cooking appliances and the tank full of fuel. Penalties may apply (see later in this document for details of all penalties). FOS reserves the right to increase the security deposit or HVS for specific events (e.g. sports fixtures, music festivals, etc.). 8. European Travel (Motorhome and Motor Cycle): There will be additional charges for any travel to any EEC Country, that will cover additional costs associated with the vehicle hire insurance and European roadside assistance. For Countries outside of the (Insurance Company) agreed EEC Countries, there will be further additional charges applied. Additional charges will also apply to motorcycle hire. 9. Additional Charges (for Motorhome Hire only): i. Additional driver with a UK licence (UK travel only): £5.00 extra per person per day, clean driving licence, to a maximum of 3 persons). ii. Additional driver with a UK licence (EEC travel): £7.50 extra per person per day, clean driving licence (max 3) – all with clean licence, otherwise contact FOS. iii. Non UK driver‟s license holder (UK travel only): £5.00 extra per day iv. Non UK driver‟s license holder (Europe travel): £7.50 extra per day v. Airport to depot transfer: Price on Request. Normally £40 each way, but additional charges for out of hours travel. vi. Additional charges will apply for other applicable personal circumstances such as medical conditions, under or over-age drivers, convictions and endorsements on Licence (not recorded here) or more than 1 traffic accident reported in the last 3 years. 10. Limitations for drivers (Motorhome only): i. Age limits: 21 to 71 years. Driver must have held a valid license for more than two years. Drivers between 21 – 25 years are subject to 50% loading and are restricted to vehicles below 3,500Kg. ii. Details of all driving Licences (both parts for all UK Licences) are required and must be viewed and recorded by owner (or representative) prior to start of hire. iii. Drivers (when driving during any contravention of a moving traffic offence) are personally liable for all and any legal penalties imposed by their driving behaviour (e.g.: parking tickets, speed or red light fines or any other contravention of any law in the Country being traveled,) which are incurred during the period of hire. Any penalty will be the responsibility of the driver of the motorhome incurring any such penalty. iv. Maximum of 3 additional drivers per rental 11. Additional conditions for Hirers of all vehicles. A: HIRER/DRIVERS: (Motorhome and Motor Cycle): All drivers must have held a full UK/EU motorcycle licence for at least 2 years in respect of any motorcycle or vehicle exceeding 250cc. ( FOS reserve the right to discuss the ability of all hirers to Hire a Goldwing, as it is a large motor cycle and not for inexperienced hirers/riders). For Motorhome Hire, where “Automatic Entitlement Only” is shown or applied to a driving licence, then that will exclude that driver to drive a hired vehicle unless it has automatic transmission. B: DRIVERS AGES: (Motor Cycle only): Drivers must be between 21 – 75 years of age. Drivers aged between 21 – 25 years of age will have an additional Young Drivers Excess charge of £400 applied. Drivers must not have any motoring convictions pending, or have been convicted of a motoring offence during the 5 years prior to the start date of hire. Speeding and Parking offences will be excluded except where 3 or more convictions have been received during the three years immediately prior to the date of hire. Drivers with criminal convictions, or charged with a criminal charge but not yet tried are excluded from Hire. C: HIRE VEHICLE SUPPLEMENT (HVS): There is a (HVS) for motorcycle only, of £550 imposed and any young driver/rider excess will be in addition to this amount. There will be a standard Hire Vehicle Surcharge (HVS) for motorhomes of £500.00. D: DRIVERS EXCLUDED BY THE HIRE INSURANCE COMPANY: (Motorhome and Motor Cycle): Any person involved in the following occupations will be excluded from hiring any hired vehicle: Actor/Actress, Traveling Showpersons, Artist, On-Course Bookmaker and their employees, persons of no fixed abode, Casino Industry, Club Proprietor or their employees, Debt Collector. Entertainment and related industries, Gaming industry, Journalist, Market/Street Trader, Model, Non UK Forces, Music Industry, Press or Fashion Photographers, Publican, Bar Staff or persons working on Licensed premises, Horse Racing Trainers or Jockeys, Students under 25 years of age, Professional sportsmen or sportswomen. E: PHYSICAL ABILITY: (Motorhome and Motor Cycle): Driver/Hirer must be in good physical health, has no physical or mental defect, impairment of sight, hearing, heart, diabetic or epileptic condition or other complaint unless they have notified the DVLA and a licence has been issued, and the conditions or restrictions to that licence are kept to. F: MISCELLANEOUS: (Motorhome and Motor Cycle): ALL Hirers/Riders/Drivers must have resided in the UK or EIRE for more than 3 years (unless the person is a temporary visitor to the UK for social domestic and pleasure purposes). All Hirers must never have had his or her insurance declined or renewal refused or any special terms imposed or had his or her policy cancelled by any insurer. All Drivers/Hirers will enter into a contract with the owner, and sign a document to this effect. No insurance cover will apply if the vehicle is being driven, or in the charge of any person other than the hirer. G: ADDITIONAL DRIVER: (Motorhome and Motor Cycle): Please ask for a quote, and all of the T&C will apply in full to all additional drivers. H: PAYMENTS: (Motorhome and Motor Cycle): All Hirers will pay the full amount of the Hire Vehicle Surcharge (HVS) together with the balance due, 12 weeks prior to the start of hire. The HVS will be returned to the Hirer on satisfactory completion of the hire period and that the hired vehicle is in good order, free of repairs and in a condition satisfactory to the owner. I: HIRERS RESPONSIBILITY: (Motorhome and Motor Cycle): It is the responsibility of the Hirer/Driver to notify the vehicle insurance company in the event of any event requiring them and subject to their Conditions of Hire, and contained on the certificate of insurance provided to all hirers. J: IDENTIFICATION: (Motorhome and Motor Cycle): All Hirers will be required to produce the following 3 documents prior to hire: A: Passport or Photo Driving Licence (with paper endorsement if applicable) B: Utility Bill showing same name and address as Hirer C: Bank or Credit Card Statement (showing same name and address as Hirer). Failure to produce these documents or if there are any doubts regarding identification whatsoever, then the Hire will be refused and any deposits made, may be returned. 12. Payment: Provisional Bookings: Once a request for reservation has been made to book a hire period, this period can be held for 7 days to allow payment of deposit monies. Availability is on a request and confirm basis at the time of initial reservation. A reservation will only be binding after it has been confirmed by FOS and a deposit payment of £300.00 for Motorhomes, and £200 for motorcycles, and a invoice/e-mail instruction has been issued for the remaining balance. Settlement of the remaining balance will be due twelve (12) weeks prior to departure. FOS reserves the right to cancel the booking if payment is not received 10 weeks prior to departure. For any late bookings (less than six weeks before departure) the full rental price is payable on booking together with HVS. Vehicles will not be released without full payment being completed and accepted by banks etc. Cheques will not be acceptable for any late bookings (less than 4 weeks prior to departure). 13. Credit Cards and International Bank Transfers of Monies: Credit card payments are accepted at this time by FOS. The details that are required are: Card Type, Name of Card Holder, 16 digit credit card number, expiry date, and last 3 digits of security verification number (on rear of card). A charge of 3.75% will imposed on the Hirer for all Balance and HVS charges. All HVS returns will be made by Business Cheque. All charges incurred for any International transfer of funds will be met by the Hirer. 14. Cancellation charges: (Motorhome and Motorcycle): (1).More than 12 weeks before start date of hire: Booking Deposit will be forfeit. (2). 12 weeks before the start date of hire until 8 weeks before the start date of hire: 50% of the total hire charge will be payable (whether or not the full booking payment and/or HVS payment has been paid).The HVS payment will be returned. (3). 8 weeks prior to the start date of hire until the start date of hire: The full total hire charge will be payable. The HVS payment will be returned to the Hirer. . 15. Early and late return charges (Motorhome and Motor Cycle): Due to problems and mishaps/delays in the past the following charges will always be charged to Hirer: For every hour late or overdue on either arrival or return (excluding the first agreed hour of arrival): £25 per hour or part of hour (for all hired vehicles) will be chargeable to the Hirer for early and late returns. For every hour incurred on pick-up: unless notified to FOS at least 4 hours prior to the agreed/arranged pick-up time (only applies for airport pick-ups, not for business location pick-ups and excluding the first nominated hour of arrival); The Hirer will be charged £25 per hour or part of hour (to pay employee‟s extended waiting time). All Early and Late arrivals and Returns will be charged at the rates quoted. All early arrivals or late departures will be charged (unless previously agreed) at the rate of £25 per hour prior to 0900 – 1700 hrs (GMT). 16. PENALTIES: (Motorhome and Motor Cycle): These penalties will be applicable to all Hirers of any hired vehicle. (A) Toilets; A toilet cleaning fee will apply if the motorhome toilet waste tank is not empty on the return of the vehicle to its initial location. A £25 penalty will always be applied for the emptying of toilets (We do not have chemical toilet emptying facilities at our home location). (B) Fuel; All vehicles will be returned with the same fuel as supplied on the start date of hire, and recorded on the Hirers Copy of Notification of a Hired Vehicle, otherwise the following charges will apply: Motorhome: Returned below the start fuel state recorded – for every quarter tank below the start hire amount recorded on FOS documentation (Notification of a Hired Vehicle) there will be a penalty of £25 per quarter tank below the “start fuel” recorded on the hire documentation (T&C document) to a maximum of £100. Motor Cycle: For every quarter tank below fuel recorded at the start of hire, and recorded on hire document, there will be a penalty of £10 per quarter tank applied to a maximum of £40. (C) Overall Condition: All vehicles are expected to be returned in a normal used condition. In cases where there is any excessive cleaning required (cleaning required to interior upholstery/wall coverings/carpets or any internal part of the motorhome) or any excessive dirt or deposits to the interior of the motorhome (sand, mud, earth deposits, or other materials including scuff marks, shoe or boot marks, or other marks that will require additional cleaning) then all additional charges incurred by the Owner (for cleaning) will be charged to the Hirer (to a maximum of £150) unless damage is involved, when other charges will apply. Invoices for such additional works will not be provided, but all Hirers will be informed of any additional costs incurred and will be subject and responsible for payment of such works. (D) Pets: (Motorhome only): Pets are permitted in any allowed vehicle at an additional charge of £30 per pet per hire (up to two pets allowed during any hire period). All or any damage caused by a pet will be charged to the hirer. In addition, if there is any additional cleaning (see (C). above) to be undertaken due to the presence of such pets, this will also be chargeable to the hirer (to a maximum of £150). (E) Smoking: No smoking is allowed in any hired vehicle. Any evidence of smoking will result in a fine of £100. 17. Mileage Charges: (Motorhome and Motor Cycle): The first 1000 miles on any hire will be free of charge thereafter there will be a charge of 15 pence per mile for all additional mileage. This charge will be used to cover the extended use of a hired vehicle, its (reduced) service intervals, its (extended) tyre usage, and the overall depreciation value of the vehicle. 18. Touring Area: (Motorhome and Motor Cycle): The vehicle can only be driven in the UK or any other Country only when agreed with the owner or as notified and agreed by the owner during the hire period (at least 3 days notice is required). Failure to comply with this condition will permit the owner to report the vehicle as stolen and instruct/permit all and any measures for its recovery including the arrest of the driver and occupants of the vehicle for any offences in the country of travel. The vehicle will not be insured for travel outwith the UK unless agreed with the Owner. ADDITIONAL FOS Terms and Conditions for both Motorhome and Motor Cycle Hire: Definitions: 'I', 'me' and 'my' refers jointly and severally to the person or persons who are the customers or hirer.' This Agreement' means the Rental Agreement, the Insurance Motor Rental Agreement and the Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other FOS literature including the internet and websites, the provisions of these Terms and Conditions always apply. 'Customer, Hirer, Driver, Rider or other Driver (whether authorised or otherwise' means the person or persons nominated as the hirer or any other driver under the heading 'Hire Details' on the Insurance Motor Rental Agreement. The Terms and Conditions of Hire Document and any person whose credit card is presented in payment of the customer's/hirers charges, or as recorded as the Hirer on the Terms and Conditions of Hire document or on the Terms and Conditions of Hire document is the person responsible for the full Terms and Conditions of Hire document signed and dated by both Hirer and Owner, including the Last page of this document (Notification of a Hired Vehicle). 'Standard Equipment' as notified on www.fosmotorhomehire.co.uk includes but is not limited to TV/DVD player, Sat Nav unit, crockery, cutlery, cooking utensils, pillows, sheets and towels. 'Rental/Hire Period' means the hire period referred to under the/any heading of “Hire Period or Rental Period” on the FOS T&C of Hire document any other Hire Agreement document or any other variation thereof and or for any additional period during which the vehicle is in the customer's/Hirers possession or control. 'Vehicle' means the vehicle described (either Motorhome or Motor Cycle or any other hired vehicle) under the heading 'Vehicle Details' on the Terms and Conditions of Hire document, and in this document it will include tyres, wheels, windows, windscreens, any tools, accessories, or anything that may be required to be purchased by FOS or any Service that may/will be employed by FOS. 'Security Deposit' or Hire Vehicle Surcharge (HVS) means the Vehicle Security Deposit detailed under the heading „Hire Vehicle Surcharge‟ in the Insurance Motor Rental Agreement or Terms and Conditions (of Motorhome/Motor Cycle Hire) – this document. 1. Delivery and Return of the Vehicle: (a). I acknowledge having received the Vehicle in a clean condition and in sound and safe working order and with a specified tank of fuel. Vehicles will be returned with the fuel that was recorded at the time of hire other penalty charges (outlined in this document) will apply. (b). I will return the vehicle in a clean condition with the agreed fuel tank, on the return date and time Recorded; otherwise I will be subject to Penalties (contained in this agreement document). 2. Loss of Vehicle prior to Hire Period: I acknowledge that FOS will refund to me all monies and will have no obligation to provide a replacement vehicle if any vehicle is not returned to them prior to the start date of my period of hire for that vehicle, or FOS cease to have the use of any vehicle prior to the last hire return date for any reason whatsoever e.g. accident, damage, weather, theft or any unforeseen event or circumstance. 3. Rental and Other Charges: I will pay FOS Motorhome (and Motorcycle) Hire: (a). All Hire charges(including all cancellation policy charges recorded in this document, and all balances due before the set limits imposed in this contract, i.e. before 12 weeks I will pay the balance and any/the HVS due. 4. Gas/Fuel/Water: As gas bottles can last for several weeks, especially in summer, FOS will endeavor to ensure that there is some gas in the bottle(s) prior to a hire commencing. It will be the responsibility of the Hirer to pay for their use of gas supplies. Customers/Hirers so wishing can request a full bottle of gas to be made available for the start of their hire period, and the cost will be met by them either when balance is due or on the start date of hire. Cost will depend on the size of bottle made available (e.g. 6Kg bottle will cost £24.00). Fuel will be provided at the start of this document and recorded on the attachment to these T&C (Notification of a Hired Vehicle). Fuel should be returned in the vehicle in the same amount that the vehicle started with on the first date of hire. The vehicle will have a full load of water on board, for normal use and for toilets (where applicable). 5. Penalties: I will be liable for the following due to the hiring of the vehicle recorded herein: (a) Cleaning Fee (up to £150.00) will apply if the vehicle, motorhome or motor cycle, is not returned with the interior/exterior in a ” normal condition”: Note: Normal is defined as: all conditions where an independent outside contractor will take more than one hour to clean the interior of the motorhome (under normal conditions), and more than one hour for the cleaning of the exterior (and both the one hour cleaning time will be included in the interior and exterior cleaning on the return of the hired vehicle. All additional charges applied (by outside contractors or FOS employees) will be applied and will be chargeable and payable by the Hirer. (b) Toilets: an additional fee of £25.00 will be charged if the toilet and waste water tank are not emptied prior to the return of the vehicle. (c) Smokers: Any evidence of any smoking within the interior of the vehicle on its return to base (including owners sence of smell – regardless of physical evidence), will attract a penalty of (GB)£100. 6. Hirers Legal Responsibilities: Any penalties or fines applied by any UK or EEC Legal Authority (or Private Company or representative acting on their behalf) [including but not limited to any speeding offence (including all fixed and mobile speed enforcement cameras), traffic light offence, moving vehicle offence, any parking charge or contravention of enforceable parking regulations, any circumstances relating to wheel clamping (whether on private or public land), overnight parking in prohibited areas, road toll fines, congestion charges, any statutory or criminal road traffic offence applicable to the Country in which the offence/crime occurs] during the recorded period of the hire (or extended beyond this time if the vehicle is returned late, are all the full responsibility of the Hirer (or driver where applicable) of the vehicle hired. FOS will not be responsible in any way for any fines or penalties applicable for the vehicle while it is out on hire. In the event of a driver not adhering to the stipulations or regulations of any UK or EEC Legal Authority or their authorised representative, then the Hirer will be fully responsible for all and any such legally imposed fines or penalties and all charges applicable for any additional payments associated with such fine, penalty or charge. This will include any other third party costs associated with any charge, penalty or fine in relation to the hired vehicle during the Hire Period and any charges will be the responsibility of the Hirer. This will include any costs incurred by FOS as a result of any breach by us of the terms of this Agreement, and the Hire Company (FOS) will be absolved from any responsibility of Jurisdiction and Responsibility. 7. Damage to the Hired Vehicle: All and any damage to the motorhome, regardless of blame, is the responsibility of the Hirer. 8. When the vehicle is off fleet for accident or damage repairs. Demurrage will occur and will include the following: (a): The cost (Breakdown Recovery) to recover any hired vehicle which has become bogged down/disabled by means of the hirer/involved in any accident(unless applicable by the Terms and Conditions of the breakdown cover provided)/stranded by the hirer/abandoned by the hirer/left anywhere by the hirer/or for any other reason that is not applicable by the (Terms and Conditions) of the breakdown cover provided, and is not recoverable by the breakdown service contracted with the hire due to their Terms and Conditions of Service. All additional payments will be chargeable to the Hirer. Please note: If you go to any event that is not an Authorised Camping Site, (including all sporting or music event or festival) then ALL charges for any incident will be applied to the Hirer. (b) Any and all losses incurred by FOS for the loss of the hired vehicle, including all subsequent hires and the costs payable to FOS and the losses applicable to FOS will incur all Charges and Penalties in this contract of hire Document. (c) The hirer is responsible for any loss of revenue to FOS, in the event that the hired vehicle (the recorded hire vehicle in this document) is not available for any subsequent hire periods. The Hirer will be responsible for any Demurrage. 9. Travel Insurance: It is advised that all Hirers, including all passengers and any authorised drivers and all passengers, obtain sufficient and full/fully adequate travel insurance that will provide sufficient protection for the Hirer/all Passengers/and all Drivers or any other person travelling in the hired vehicle. 10. Demurrage - all and any loss due to the hire of any FOS vehicle or any loss of all or any subsequent hires, any loss of revenue, all and every subsequent loss incurred by the Hiring Company (FOS) or by any event whatsoever, whether attributable to the Hirer or any other person, third party or any other entity or company. Sufficient and applicable travel insurance for the Hirer his or her party will protect persons (insure them from any monetary loss and more) that may result in a any financial loss to FOS, loss of a hired vehicle, loss off any hirers or passengers effects in the event of any fire, loss of vehicle, theft of vehicle, loss due to fire, criminal damage to the interior or exterior of the hired vehicle, or any damage caused to the hired vehicle, including any loss incurred by the Hiring Company or Owner of the hired vehicle 11. Errors in Rental Charges: Total charges are set out by FOS and are recorded on our website at www.fosmotorhomehire.co.uk Any errors in rental charges will not be the responsibility of FOS unless pointed out at the time and date of payment of full balance due and HVS. 12. Payment of Charges Joint and Severall Liability: All charges and expenses payable by me (The Hirer) are due on demand by FOS. If I do not pay all charges, including balance due and applicable HVS when due, I will agree to pay a surcharge of 2% per month on the outstanding balance and any collection costs incurred by FOS, including reasonable legal fees. When the Customer or Hirer comprises of more than one person, each person is liable jointly and severally for all obligations of the customer pursuant to this Agreement. 13. Credit Card Payment and Payment by Cheque/ Traveller’s Cheques: (1) FOS will accept payment by credit cards or cheques approved by FOS. (2) When payment is paid by credit card, I agree that; (a) FOS 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, London congestion charges, and associated administration costs); (b) I will not dispute my liability to FOS for any amount due under this agreement and I shall indemnify and keep indemnified FOS against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute. (c) FOS may process the credit card; in the event that FOS elects to accept payment of the Security Deposit (HVS) by holding an open or closed (payment made to bank) security payment which will be cancelled at the completion of the Rental Period, and a cheque issued in respect of the HVS within 7 working days, I agree that FOS is entitled to recover payment from my credit card issuer pursuant to paragraphs 12 and 13 in the first section of this document, in respect of any amounts due, including all payments, charges or penalties which were not known at the time of cancelling the HVS. (d) 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/cheque/bank account and the amount refunded within 7 working days after the expiration of the rental period. I release FOS from any liability for such variation. 14. My Warranties: I warrant that all information supplied by me to FOS in connection with this agreement is true, including all information requested of all drivers of the hired vehicle. 15. Vehicle Damage - Insurance Cover: I am aware that; (a) The Vehicle is insured for damage to the Vehicle and the property of any third party; (b) I will have to pay an excess for any damage to the value of the surcharge (HVS) outlined in this document. The insurance excess is GBP £500, (c) I will not have any insurance cover if I exceed the agreed date limits and times, and I will be responsible for the total cost of any damage or claim against me if I breach any of the terms of this Agreement . 16. Security Deposit/Hire Vehicle Supplement: (a) On taking delivery of the Vehicle, I agree to pay beforehand the specified vehicle Security Deposit / Hire Vehicle Surcharge (HVS). (b) I irrevocably authorise FOS to deduct from the HVS any amounts due by me to FOS arising out of this Agreement. (c) The security deposit (HVS) will be refunded by cheque within 7 working days of the vehicle being returned to the correct location, undamaged, with a “normal used” interior, with a specified fuel tank. We (FOS) reserve the right to charge any penalties incurred as part of this agreement. 17. Road Restrictions: (a) All FOS Hired Vehicles may only be driven on sealed/bitumen roads and to officially recognised campsites – all other roads must be agreed with the owners prior to driving. (b) I acknowledge that FOS 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 18. Use of the Vehicle: I agree that during the rental period, I will not and will not allow the Vehicle to be; (a) driven otherwise than in a cautious, prudent and normal manner; (b) used in a manner which could cause damage; (c) driven in a prohibited area or in an area other than the areas indicated by me to FOS; (d) driven by me or any person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by the law of any country that the vehicle is being driven in/through; (e) Left with the ignition key in the vehicle while it is unoccupied; (f) Left unoccupied without the CD faceplate removed, steering wheel security lock invoked(if applicable) or any Satellite Navigation equipment out of general view and the DVD screen covered; (g) Driven by persons: (i) Under the age of 21 years; or (ii) 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 or contained in this document. (h) Damaged by: (i) Submersion in water (ii) Contact with Salt Water (i) used for any illegal purpose for any race, rally or contest; (j) used to tow any vehicle or trailer. (k) used to carry passengers or property for hire or reward Unless specified and authorised), (l) used to carry more persons than is permitted by any relevant authority or hire insurance company authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement; (m) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; (n) otherwise used in breach of my obligations under this Agreement. 19. Responsibility: That I as the hirer or nominated driver or Hirer, am fully responsible for this hired vehicle, for all damage caused to it (regardless of third party claims), for all contraventions of the Laws of the Countries that I am in/touring/visiting/driving in or through and that I will be responsible for all penalties applied by any UK or Foreign Authority that applies to the vehicle that I am responsible for during the period of my hire period with Freedom of Scotland Motorhome Hire (FOS) and that I absolve them of all responsibility for such penalties/fines/convictions, during the period of my hire of their vehicle. 20. Alterations to the Vehicle: I shall not make any alterations or additions to the Vehicle without the prior written consent of FOS 21. Pets/Smokers: I will not allow any animals to be carried in the Vehicle, unless otherwise agreed with FOS and any applicable charges paid. I will not smoke nor allow any other person in the vehicle to smoke and will be subject to penalties if I or anyone in my party, family, or invited into the vehicle, contravenes. Any damage caused by pets/smokers will be chargeable to the hirer of the motorhome and any additional cleaning charges will likewise be chargeable to the hirer of the motorhome. If there is any evidence whatsoever of smoking, I will pay a penalty of £100. 22. Passengers: FOS authorises the use of the hired vehicle(s) up to the stated number of passengers approved for that vehicle. Each person is to use the safety restraints provided at all times whilst the vehicle is in motion. All children will be harnessed in approved (UK or EEC) vehicle child restraints. The responsibility for restraining or harnessing children in any hired motorhome, at any time, will always rest with the parents or guardians of the child or children, and the Hirer of the vehicle. FOS may supply child seats, but they are not responsible for their use when the vehicle is on hire. 23. Maintenance (Hirer): (a) I shall take all reasonable steps to properly maintain the vehicle, including oil and water checks. I will refrain from driving if a dashboard warning signal/sign is displayed there, until such time as I have had this fault diagnosed and rectified and am allowed to drive the vehicle either by an authorised representative of the motorhome breakdown service provider, an authorised representative of the hire vehicle specific garage (e.g. Fiat commercial vehicles inspected in authorised Fiat garage) or with the express permission of a representative of FOS either written or verbally.. (b) I acknowledge that FOS will reimburse me for expenditure up to GBP £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: (1) I will produce any relevant receipts; (2) I have received the prior written consent of FOS; (3) The damage is not due to my fault or my breach of this Agreement.(c) Subject to the terms of this agreement, I will pay for all and any cost of repairing or replacing tyres or wheels damaged during the Rental Period provided that FOS will reimburse me for expenditure reasonably incurred if; (1). I produce the relevant receipts; (2) The tyre or wheel is defective and is returned by me to FOS for inspection; and (3). The manufacturer accepts liability under his warranty. (d) I will be liable for any costs associated with the incorrect use of fuel. All FOS motorhomes run on DIESEL FUEL ONLY! The Honda Goldwing runs only on UNLEADED PETROL (Green Handle at pump). 24. Responsibility when accident occurs: (a) In the event of any accident, loss or damage arising out of the use of the vehicle, I will (1). Notify the Hire Insurance Company as required on the Certificate of Vehicle Insurance applicable for the vehicle during its period of hire, and (FOS -within 24hrs of the happening of the event) (2). Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station; (3). Complete and record the unique reference number of a Crime Report (UK) or European accident report form if or when supplied, and in any event record the police unique reference number of the incident; (4). Not make any admission of liability to other parties, settlement offer or other like offer; (5). Assist FOS in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence; (6). 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. 25. Termination of Agreement: I acknowledge that FOS 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; (a) I am in breach (in any way) of any terms of this Agreement; (b) I have obtained the Vehicle through fraud, misrepresentation or any criminal act; (c) The Vehicle appears to be abandoned; (d) The Vehicle is not returned on the agreed return date or FOS reasonably believes that the Vehicle will not be returned on the agreed return date; (e) FOS 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; (f) The vehicle is in an area/country not agreed with the hirer/owner of the vehicle, or gives any indication whatsoever that it may be stolen or appropriated. Under these circumstances the owner will report the vehicle as stolen and instruct all measures for the return of the vehicle; (g) Cancellation of Booking: FOS will/can terminate this agreement if the agreed vehicle is not available for hire for any reason. All monies paid will be refunded to the hirer if the specified vehicle is not available. All efforts/Attempts will be made to supply a similar vehicle, but if these cannot be met, then refunds will be made; (h) Reasons for Cancellation: Please remember. Until starting a Hire, no agreement (T&C Conditions of Hire or Terms and Conditions of Motorhome/Motor Cycle Hire agreement document has been signed and agreed. Terms and Conditions of Motorhome/Motor Cycle Hire will always be required to be signed by both Owner and Hirer before the start of the hire on the first day of hire. 26. Change of Vehicle: FOS reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the Hired Vehicle. In that event, FOS 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 the hirer to any refund and does not constitute any breach of this Agreement. 27. Release and Indemnity of FOS: (a) Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release FOS, 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: (1). Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose; (2). Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any FOS premises or recovered or handled by FOS. (b) Subject to any insurance arrangements agreed with FOS, I hereby indemnify and shall keep indemnified FOS, 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 28. Title to Vehicle: I acknowledge that FOS retains title to the Vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge FOS 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. 29. Changes: Any changes to this agreement must be in writing and must be signed on behalf of FOS and by me. 30. Proper Law: This agreement shall be governed by the law of Great Britain in which this agreement was signed. 31. 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. FOS reserves the right to add or amend any rental charges without prior notice. This signed Agreement will remain in the possession of FOS for the entire duration of the Hire Period. This agreement will always take precedence over any previous agreement issued, passed to hirer or published on websites or elsewhere. Signed (Owner): ………………………………….. Date: ………………………………………. Signed (Hirer): ……………………………………. Date: ………………………………………. Freedom of Scotland Motorhome Hire NOTIFICATION OF A HIRED VEHICLE The vehicle recorded on this page is a HIRED vehicle. This document will provide details of: the owner of the hired vehicle, the hirer, all authorised drivers, the time limits of hire period, the fuel state, start mileage and any damage to the vehicle at the start of hire. This record is for the information of the hirer of the vehicle, and for the information of UK and EEC legal authorities. Motorhome Registration Number: ……………………………………………………………………………….. Owner: Freedom of Scotland Motorhome (and Motorcycle) Hire (owned and operated by Anne and Charles Cairns). Address: The Schoolhouse, Waterside, Lesmahagow, Lanarkshire, ML11 0HL. Contact Telephone Number: (H) 01555 892557 (M) 07783 190804 Non UK: 0044 1555 892557 Name of Hirer of vehicle: ………………………………………………………………………………………. Drivers Authorised: 1: .…………………………………….2: ………………………………………………… 3: …………………………………………………………….4: ………………………………………………… Dates and times of hire: From: Time: ……………Date: ……………………………Until 1700 hrs on (Date)………………………… Fuel at start of Hire (record to quarter tank): ……..…………………… Mileage agreed at start of hire: ………………………………………………….. Damage at start of hire (record on diagram): Identity Documents Produced: 1: (Dr. Licence Number): …………………………………………………………… 2: …………………………………………………………………………………………………………………………… 3: …………………………………………………………………………………………………………………………… Signed HIRER: ……………………………………………..Dated:……………………… Signed OWNER: ……………………………………………Dated:……………………… This document will be signed in conjunction with the Terms and Conditions of Vehicle (Motorhome or Motorcycle) Hire by both the Hirer and the Owner of this hired vehicle and will constitute part of the Contract of Hire between the Owner and Hirer of the vehicle recorded herein. The Hirer will have a copy of this page of the Contract of Hire for information purposes and for production to any UK and EEC Legal Authorities so requiring. This vehicle is covered by a comprehensive vehicle insurance policy provided by Highway Insurance Company Ltd. A copy of the Certificate of Motor Insurance will be provided to the Hirer prior to the start of the hire, and the original copy can be obtained from FOS Motorhome Hire (Details recorded above). Highway Insurance Company Ltd Telephone Number (Contact Centre): 0845 337 2671. Please quote: FOS Fleet Insurance Number: FLT/10013/1fCV/1000584059/20MAR09/3203.
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