Terms & Conditions of Motorhome Hire
Roam And Away Ltd, Registered office: 21 Fewston Close, Hartlepool. TS26 0QN.
Web: www.RoamAndAway.co.uk. Email: Contact@RoamAndAway.co.uk
Contact: (+44) 07858 011444
We want you to start creating memorable experiences as quickly as possible so please make sure you have read and understood these terms and conditions prior to your hire as they form the basis of your contract with us. This is a legal document, and you will be required to sign to acknowledge that you have read and agree to comply with these terms and conditions when you collect your vehicle. This agreement will take effect on the first date of hire when the hirer takes full possession and control of the vehicle.
- ‘I’, ‘me’ and ‘my’ refers jointly and severally to the person or persons who are the Customer(s) or Hirers of the Motorhome.
- ‘Owner’, ‘we’ and ‘our’ will refer jointly and severally to the owner or owners of the hired vehicle applicable to this agreement.
- Roam And Away Ltd will process all payments and return monies due from the hire. ‘Customer’, ‘Hirer’, ‘Driver’, or ‘Other Driver’ (whether authorised or otherwise), means the person or persons nominated as the hirer or any other driver under the heading ‘drivers authorised’ on the Notification of a Hired Vehicle document which will be signed alongside this document.
- The ‘Hirer’ is the person who signs their name at the end of this Agreement.
- ‘Standard Equipment’ will be notified on the ‘our motorhomes’ page on www.RoamAndAway.co.uk. Any equipment that has a charge specified for its use will not be considered as standard equipment.
- ‘Rental period’ or ‘hire period’ or ‘period of hire’ means the full period of time, between the time and date that the Hirer takes possession of the vehicle and the time and date of its return to Roam And Away Ltd including any period of time exceeded by the Hirer, during which time the Hirer is responsible for all Terms and Conditions contained in this Agreement.
- ‘Vehicle’ means the vehicle subject to this agreement of hire between Roam And Away Ltd and the Hirer (or substitute under the terms and conditions of this Agreement) and the vehicle recorded on this agreement (by Vehicle Registration Mark) and will mean the vehicle subject to and agreed between the Owner and Hirer for the Hire Period agreed and will include the entire vehicle, all tyres, wheels, windows, windscreens, all vehicle tools, all equipment supplied with the vehicle including all standard equipment, any accessories (whether at an additional charge to the Hirer or not), all and any other components or articles supplied with the vehicle.
- ‘Security Deposit’ means the deposit that will be required to be paid before the start date of hire to protect Roam And Away Ltd from any inconvenience or costs associated with the rental.
- ‘Insurable Event’ will mean any event or circumstance that is required under the Terms and Conditions of the Hire Insurance Company.
- “Normal ‘used’ condition” will refer to any condition that will require up to a maximum of one hours cleaning for the exterior of the vehicle, and one hours cleaning for the interior of the vehicle, by an independent outside contractor.
- ‘Hire’ means the agreed use of the vehicle for a specified time between Roam And Away Ltd and the hirer of the vehicle.
- This ‘Agreement’ means the ‘Rental Agreement’, the ‘Terms and Conditions of Hire’, the ‘Motor Rental Agreement’ or referred to herein as the ‘Terms and Conditions of Motorhome Hire’, all as defined by UK Law applicable to a hired motor vehicle.
- Security Deposit: I authorise Roam And Away Ltd to deduct the sum of £1,000 as a security deposit from my credit card/debit card account for either the full duration of my hire period of the vehicle or until the vehicle is repaired to a condition that is satisfactory to the owner/registered keeper, without any time limits being imposed. You can also pay by cheque or bank transfer 2 weeks before your due date and this will be cashed. The vehicle will not be released until we have the security deposit funds.
- Delivery and Return of the Vehicle: I acknowledge having received the vehicle in a clean condition and in sound and safe working order and with a full tank of fuel. Any existing damage to the vehicle will be recorded on the vehicle condition sheet and will be signed by both the owner and hirer and will constitute a full agreement of any damage to the vehicle prior to the period of hire to which this document applies. The vehicle will be returned with the fuel that was recorded at the start time of hire or penalty charges (outlined in this document and on the vehicle condition sheet) will apply and I will return the vehicle in a clean condition, on the return date and time recorded otherwise I will be subject to any penalties (outlined in this document and on the vehicle condition sheet).
- Drivers: While driving the vehicle to which this document applies, I will:
(a) Abide by all the driving laws applicable to the country that I am driving in
(b) Agree to all the Terms and Conditions contained in this Terms and Conditions document and confirm that I am fully authorised to drive this vehicle, subject to all the conditions outlined at condition number 25 herein. If any of the stated conditions do not apply or if I am not covered by the hire vehicle insurance policy, I will be fully liable for all and any responsibilities and liabilities to me, as driver of this hired vehicle. No person shall drive or be in control of this hired vehicle unless they are authorised by Roam And Away Ltd and have read and signed this full Terms and Conditions document.
- Loss of Vehicle prior to Hire Period: I acknowledge that Roam And Away Ltd 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 Roam And Away Ltd 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. Roam And Away Ltd will have no obligation whatsoever with regard to campsites booked, events booked, or travel booked. Roam And Away Ltd will not be held responsible in any way for compensation of circumstances out of their control.
- Rental and Other Charges: I will pay Roam And Away Ltd 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. 30 days before my hire start date, I will pay the balance due).
- Penalties: I will be liable for the following penalties due to the hiring of the vehicle recorded herein, when applicable to my period of hire of the vehicle:
(a) Cleaning Fee (up to £150.00) will apply if the vehicle is not returned with the interior/exterior in a “normal used condition” (note: ‘normal used condition’ is defined as ‘any condition that will normally require only two hours cleaning for both the interior and exterior of the vehicle”). For every hour, and part of an hour required for any additional cleaning time required to bring the vehicle up to the condition that it was hired out, then a charge of £25 per hour will be chargeable to the hirer (to a maximum of 5 hours) and invoices will not apply to this penalty.
(b) Toilets: A penalty of £100 will be charged if the toilet is 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’ sense of smell regardless of physical evidence), will attract a penalty of £100.
(d) Pets: The following rules apply when a pet is present in our motorhome.
(i) The vehicle is returned in a clean and tidy condition as if a pet was never present. Should this not be the case, additional cleaning charges and upholstery cleaning charges will apply.
(ii) Pets are not left in the vehicle unattended.
(iii) Pets are not allowed on any of the soft furnishings or upholstery (this includes the beds, seats/sofas)
(iiii) You agree to cover the cost of all damage caused by a pet, even if it exceeds the security deposit.
(e) Late return of vehicle: There will be a penalty of £50 per hour or part of an hour, for every hour that the vehicle is returned after the agreed return time.
(f) Vehicles returned without a full tank of fuel will be subject to a surcharge at current cost (amount depends on level of tank, plus a £30 service charge).
- Damage to the Hired Vehicle: Any damage to the interior or exterior of the vehicle, regardless of blame, is the responsibility of the hirer as well as any loss of any items supplied with the vehicle during its period of hire. It is the responsibility of the hirer to report any damage to Roam And Away Ltd immediately.
- Travel Insurance: It is advised that all hirers, including all passengers and any authorised drivers obtain sufficient and 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.
- Payment of Charges Joint and Several Liability: All charges, penalties, expenses, or associated costs payable by me (the hirer) are due on demand by Roam And Away Ltd. If I do not pay all charges, including the balance due when requested, I will agree to pay a surcharge of 3% per month on the outstanding balance and any collection costs incurred by Roam And Away Ltd, including reasonable legal fees.
- Credit/Debit Card Payment and Payment by Bank Transfer or Cheque: (a) Roam And Away Ltd will accept payment by credit cards, debit cards, bank transfers or cheques approved Roam And Away Ltd.
(b) When payment is paid by credit card, I agree that:
(i) Roam And Away 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, London congestion charges, and associated administration costs);
(ii) I will not dispute my liability to Roam And Away Ltd for any amount due under this agreement and I shall indemnify and keep Roam And Away Ltd indemnified against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
(iii) 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 Roam And Away Ltd from any liability for such variation.
- My Warranties: I warrant that all information supplied by me to Roam And Away Ltd in connection, with this agreement is true, including all information requested of all drivers of the hired vehicle.
- Vehicle Damage – Vehicle Hire 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 the hire vehicle insurance excess that is limited to GBP £1,000 for every individual event or claim, and subject to me complying with the terms and conditions of the vehicle hire insurance company, otherwise I will be responsible for the full cost to repair any damage caused during my period of hire of the vehicle.
- Road Restrictions: (a) I acknowledge that Roam And Away Ltd acting on our behalf, reserves the right at any time, and at their sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
(b) Parking other than on officially recognised campsites is permitted providing you adhere to the Road Traffic Act and the Countryside Code or Outdoor Access Code of the residing country.
- 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 at all times which includes parking the vehicle.
(b) Used in a manner which could cause damage which includes maintaining vehicle fluid levels and tyre pressures.
(c) Driven in a prohibited area or in an area other than the areas indicated by Roam And Away Ltd.
(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 unsecured if unoccupied or with the ignition key in the vehicle while it is unoccupied.
(f) Left unoccupied without any Satellite Navigation equipment out of general view.
(g) Driven by persons: (i) Under the age of 25 years or (ii) Any person who is not authorised by law to drive the Vehicle. Particulars of all/any proposed licensed driver of the vehicle are set out under the heading ‘driver details/drivers authorised’ in this document and supplementary documents, any immersion in water or salt water, or used for any illegal purpose, for any race, rally or contest.
(h) Used to tow any vehicle or trailer.
(i) Used to carry passengers or property for hire or reward unless specified and authorised).
(j) 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.
(k) Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material (excluding supplied LPG Gas).
(l) Vehicle keys are kept secured, the cost of a replacement key will be approximately £300 plus a delivery charge and met at the hirers expense.
(m) Otherwise used in breach of my obligations under this agreement. In addition, I will not allow any person to drive or be in control of this hired vehicle unless they are authorised drivers who have signed and agreed to the terms of these Terms and Conditions agreement.
- Tyre & Windscreen Damage: Any damage to any tyres fitted to the vehicle during its period of hire will be the full responsibility of the hirer and will be repaired to a legal and safe condition or replaced at the hirer’s expense. Damage to windscreens carries a minimum excess of £100 and where a repair is possible a charge of £25 is normally payable for windscreen chip repairs; however, we reserve the right to charge other amounts subject to local repair charges.
- Responsibility: That ‘I’ as the hirer or nominated driver or hirer, I am fully responsible for this hired vehicle, for all damage caused to it 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 any foreign authority that applies to the vehicle that I am responsible for during the period of my hire period with Roam And Away Ltd, and that I absolve the owner of this vehicle of all and any responsibility for any such penalty/fine/charge/conviction, during the period of my hire of their recorded vehicle during my period of hire of the vehicle.
- Alterations to the Vehicle: I shall not make any alterations or additions to the vehicle without the prior written consent of the owner.
- Passengers: I/we authorise the use of the hired vehicle(s) up to the stated number of passengers approved for that vehicle. Every person is to use the safety restraints provided at all times whilst the vehicle is in motion subject to the laws of the country being travelled in. All children will be harnessed in approved (UK or applicable EU) vehicle restraints. All passengers must always comply with any driver’s instructions.
- Child Safety Seats: Child Seats/booster seats will only be supplied on request of the hirers and in the understanding that they are responsible for ensuring they are happy with the suitability and will fit to the vehicle to their own satisfaction. The device is subject to UK Law, and the hirer will make themselves aware of any applicable age/weight limit/height limitations applied to such safety devices for the type of vehicle being used.
- Vehicle Maintenance (Hirer): (a) I shall take all reasonable steps to properly maintain the vehicle, including regular 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 must be inspected in an authorised Fiat garage) or with the express permission of a representative of Roam And Away Ltd either written or verbally.
(b) I acknowledge that Roam And Away Ltd will reimburse me for expenditure reasonably incurred in rectifying any mechanical failure to the drive train and engine of the vehicle (not including the water system, refrigerator, heating, audio equipment) provided that: (i) I will produce any relevant receipts; (ii) I have received the prior written or verbal consent of Roam And Away Ltd; (iii) The damage is not due to my fault or my breach of this agreement.
(c) I will be liable for any costs associated with the incorrect use of fuel.
- Responsibility of Hirer to report any accident, damage, breakdown, or repair: In the event of any accident, loss or damage arising out of the use of the vehicle, I will:
(i) Notify Roam And Away Ltd on the number provided as soon is reasonably practical and in every instance within 24 hours.
(ii) In the event of a road traffic accident or any reportable event or accident, obtain the names and addresses of any third parties and any witnesses and report the event to the nearest police station.
(iii) Record and retain 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.
(iv) I will not make any admission of liability to other parties settlement offer or other like offer.
(v) Assist Roam And Away Ltd and the hire insurance company in handling any claim arising from any event, including providing all relevant information and attending court to give evidence.
(vi) I will pay for any costs relating to the delivery of a change over vehicle (if available) as a result of an accident regardless of which party is at fault. The hire vehicle is covered by 24-hour roadside assistance which covers mechanical faults with the vehicle and of which the details are located within the vehicle. RAC breakdown assistance can be contacted on 0330 159 8714.
- Termination of Agreement: I acknowledge that Roam And Away 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:
(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 Roam And Away Ltd reasonably believes that the vehicle will not be returned on the agreed return date.
(e) Roam And Away 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.
(f) The vehicle is in an area/country not agreed with the owner of the vehicle, or there is any indication whatsoever that it may be stolen or miss-appropriated. Under these circumstances the owner will report the vehicle as stolen and instruct all measures to be taken for the return of the vehicle.
- Change of Vehicle: Roam And Away Ltd reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the hired vehicle. Such substitution shall not entitle the hirer to any refund and does not constitute any breach of this agreement.
- Additional Conditions for Hirers and Drivers of vehicle:
- Hirer and any driver: All drivers must have held a full UK or EU driving license for at least 2 years in respect of a motor vehicle. Where “automatic entitlement only” is shown or applied to a driving license, then that will exclude that driver to drive a hired vehicle unless it has automatic transmission. AU & NZ licences are agreeable, subject to a £500 excess. US or Canadian licences cannot be accepted.
(b) Drivers ages:
(i) Age limits are 25 to 79 years (75-79 £1500 excess applies).
(ii) Details of all driving licences are required and must be viewed and recorded by the owner (or representative) prior to start of hire.
(iii) Drivers, when driving during any contravention of a moving traffic offence, you are personally liable for all and any legal penalties imposed by the driving behaviour (e.g., parking tickets, speeding or traffic light fines or any other contravention of any law in the country being travelled) and are incurred during the period of hire. Any penalty or follow up enquiry or enforcement procedure applied to that contravention, will be the responsibility of the driver or hirer (whoever is applicable under the offence contravened or by the terms of this agreement) of the vehicle incurring any such penalty.
(c) Physical ability: Every driver must be in good physical health, has no physical or mental defect, impairment of sight, hearing, heart, any 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 fully adhered to.
(d) The hirer, or any other agreed driver, must not have had their licence suspended for any period in the last 3 years or have had more than two convictions with a maximum of 3 points per conviction or have obtained a BA, DD or UT conviction.
(e) Miscellaneous: The hirer or any driver must have resided in the UK or EIRE for more than 3 years, unless the hirer or driver is a temporary visitor to the UK for social domestic and pleasure purposes. The hirer and any driver must never have had his or her vehicle insurance declined, or renewal refused, or any special terms imposed or had his or her policy cancelled by any insurer.
(f) Additional drivers: Additional drivers are allowed and all of the hire insurance company terms and conditions of hire, and all conditions contained in this agreement will apply in full to all additional drivers.
(g) Payment: The hirer will pay the full amount of the charge for the hire period agreed together with any balance, prior to the start of hire.
(h) Hirer’s responsibility: It is the responsibility of the hirer to notify the vehicle insurance company in the event of any event requiring them and subject to any conditions contained on the certificate of vehicle insurance provided to all hirers.
(i) Driving licence categories: Drivers with category B on their driving licence are authorised to drive vehicles up to 3500kg (Maximum Authorised Mass) in vehicles with up to 8 passenger seats and a trailer not exceeding 750kg. Drivers with category C1 are entitled to drive vehicles up to 7500Kg (MAM) and a trailer not exceeding 750kg, and drivers with category C are entitled to drive vehicles exceeding 3500kg (not heavy goods vehicles unless authorised) and a trailer not exceeding 750kg. It is the responsibility of the hirer and every driver to which this document pertains, not to drive this vehicle if they are not allowed to do so under UK Law, DVLA driver authorisations or entitlements to drive. Foreign drivers are authorised to drive vehicles in the UK under the entitlement (weight entitlement) of the country in which they passed their driving test.
(j) No more than one fault or outstanding incident/claim allowed in the last three years.
(k) No persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance cover cancelled by and Motor insurer.
(l) No persons engaged wholly or partly in professional entertainment or professional sports persons.
(m) No jockeys and persons connected with racing, gaming industry or press of any sort.
(n) No foreign service personnel other than persons holding a full UK/EU licence for 2 years or more.
- Identification: All hirers will be required to produce the following documents prior to hire, or the hire will be refused.
(a) Full copy of driving licence (Front & Rear).
(b) Two proof’s of address from the supplied approved documents list issued within the last 3 months showing the same name and address as previously supplied to Roam And Away Ltd by the hirer.
(c) A security deposit in the name or account of the main driver being taken by a clear and traceable means such as a debit, credit card, bank transfer or cleared cheque. Any failure to produce these documents or if there are any doubts regarding the identification of the hirer whatsoever, then the hire will be refused and any deposits made, may be returned if criminality is not suspected, otherwise the deposit and any monies paid will be retained in full and the Police will be informed. UK licence holders must also provide a DVLA check number which is valid on the first day of hire and can be obtained from the DVLA website at https://www.gov.uk/view-driving-licence
- Definition of a Pickup and Return Times: Penalties for late return of vehicle: A charge of £50 will apply to every hour and part of an hour that is past the agreed time on the last day of hire. Pick up must be within 1 hour of the agreed pickup time. In the event of flight/train delays you must notify Roam And Away Ltd.
- Charges: Credit card and debit card payments are accepted by Roam And Away Ltd with card payment charges being met by Roam And Away Ltd. Cheques will incur no charges unless imposed for non-UK bank cheques. All security deposits will be returned by the means in which they were paid. All charges incurred for any international transfer of funds will be met by the Hirer.
- Cancellations: All cancellations must be notified to us in writing but please call us immediately to inform of any cancellation. Any telephone cancellation will be noted but will not be chargeable until written confirmation is received (either by e-mail or by written letter). Cancellation charges will always be applicable regardless of circumstance. It is up to the hirer to insure against unforeseen/unavoidable events. The following charges and penalties will always be applied when a booking for a hired vehicle is cancelled by the hirer:
- If notification is received more than 30 days before the start of the rental a full refund will be given minus the £300 non-refundable booking deposit.
- If notification is received less than 30 days before the start of the rental all monies paid are non-refundable and the hirer will still be liable for any outstanding balance.
- Release and Indemnity of Roam And Away Ltd: (a) Subject to its obligation to deliver the vehicle or an appropriate substitute vehicle, I release Roam And Away Ltd and 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:
(i) Any loss or damage caused by breakdown, mechanical defect, accident, or the vehicle being unsuitable for my purpose.
(ii) Any loss or damage to any property left in or on the vehicle, in any service vehicle or on or near the owner’s premises or storage area or recovered or handled by Roam And Away Ltd.
(b) Subject to any insurance arrangements agreed with Roam And Away Ltd, I hereby indemnify and shall keep indemnified Roam And Away 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.
- Title to Vehicle: I acknowledge that the owner retains title to the vehicle recorded in this agreement and that I possess the goods as a mere bailee only. I do not have any right to pledge the owner 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 the vehicle.
- Changes: Any changes to this agreement must be in writing and must be signed on behalf of Roam And Away Ltd and by me.
- Proper Law: This agreement shall be governed by all the laws of Scotland, England, Wales, and Ireland (North and South) or any UK Laws in which jurisdiction this agreement was signed.
- 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. Roam And Away Ltd reserves the right to add or amend any changes to this agreement without prior notice. This signed agreement, together with the documents titled ‘notification of a hired vehicle’ will form the full contract of hire agreement between Roam And Away Ltd and the hirer, and this document will remain in the possession of the owner for the entire duration of the hire period.