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We are ECS Horsebox Hire (Owner) of
Hawthorn Stud, South Newington, Banbury, Oxfordshire, OX15 4JP.
These terms shall apply to the hire of the horsebox that we supply
to you (Renter).
No contract shall exist between owner and renter for the hire of the
horsebox and any services until we have received and accepted your
order. We shall send to you confirmation in writing by post or email
to the address or email address that you have given. On confirmation
of your order there shall exist a binding legal contract between us
that shall be governed by English Law and subject to the exclusive
jurisdiction of the English Courts.
You shall be responsible to us for ensuring the accuracy the terms
of any order (including whether the horsebox is adequate for your
purposes) submitted by you, and for giving us any necessary
cooperation, assistance and information relating to the hire of the
horsebox or as we may reasonably require within a sufficient time to
enable us to perform the contract in accordance with its terms.
We may change these terms without notice to you in relation to any
future hire.
1. Description and Price of Hire
Services
a) The description and price of hire services that you order will be
as shown in our quotation already provided to you or on our website
at the time when you place your order.
b) The day of collection and the day of return if consecutive is
charged as one day’s hire provided that the period of hire over two
consecutive days does not exceed a total period of 24 hrs.
c) The company will provide the renter with
i, a rental agreement for the period of hire, signed by both parties
to confirm agreement to all terms and conditions held within this
contract
ii, 300 free miles a day of hire (additional to this is 35p per
mile)
iii, comprehensive vehicle insurance for period of hire
iv, vehicle theft protection
v, full tank of fuel upon hire of horsebox
vi, full instruction of how to operate the horsebox
vii, quality check report detailing the condition of the horsebox
prior to hire
viii, quality check report on return of the horsebox
ix, 24hr roadside relay through a competent nationwide roadside
rescue organisation under the hire agreement.
2. Extension of Rental Period
Owner may extend the period of rental at the request of the Renter.
The renter will pay such additional deposit or deposits, as the
Owner shall require. In the event of extension(s) the new date and
time agreed for the return of the horsebox shall then become the due
back date. In no event shall the duration of the rental exceed three
months in aggregate.
3. Warranties by Renter and
Additional Driver - Owner Rights
a)Renter agrees to return horsebox to Owner in the same condition
received, ordinary wear and tear accepted, on due date specified
overleaf;
b) Renter agrees not to use horsebox for hire or reward nor use it
in violation of any law, ordinance or regulation, nor remove it
(without prior written consent of owner) from England, Scotland,
Wales ,Northern Ireland or Southern Ireland.
c) Renter hereby warrants and undertakes to the Owner
i) the accuracy of the information supplied to the Owner;
ii) that in the case of business rental this Agreement is entered
into by the Driver for and on behalf of the Renter
iii) that he will not operate horsebox or permit the horsebox to be
operated in any way that would violate this contract, including:
Driving by any person under 21 or over 70: in motor sport events
(including racing, pacemaking, rallying, reliability trials, and
speed testing); to propel or tow any vehicle or trailer; by any
person driving when unfit through drink or drugs or with blood
alcohol concentration above the limit prescribed for the time being
by road traffic legislation: by any other person other than the
Renter or additional Driver shown overleaf; under authority of any
licence other than his own if renter or driver leaves the horsebox
unlocked or fails to secure the keys; other than on a paved public
highway, private road or driveway; in a reckless or imprudent manner
or if the horsebox is deliberately damaged;
iv) that the licence shown to Owner at the time the horsebox is
rented is his own and fully valid;
v) that he will further protect the interests of the Insurer and the
Owner by ensuring the horsebox is always locked when unattended: and
the keys are secure.
d) If Renter commits any breach of the agreement, as outlined in
clauses 3(a) – (e) inclusive, Owner may treat the agreement as
terminated and may seize, without legal process, or notice to
Renter, the horsebox at any time and place and Renter waives all
claims for damages connected with such a seizure;
e) Renter authorises Owner to verify through credit agencies, the
Driver and Vehicle Licensing Agency or any other sources, personal,
driving and credit information provided by Renter and any additional
drivers overleaf.
4. Payment
a) A deposit of 25% of the total hire price is payable at the time
of order. Subject to your rights to cancel the contract in
accordance with these terms, this deposit will not be refundable to
you.
b) All outstanding sums in respect of the price for the hire
services will become payable not less than 10 working days before
the proposed commencement of hire. Unless we have already received
the full outstanding payment from you in respect of the total hire
services, we shall automatically charge the balance of the price to
your credit card 10 working days before the proposed commencement of
hire. You hereby acknowledge that you will be required to provide us
with your credit card details at the time of your order and by
giving us such details you authorize us to charge the outstanding
sums and all other sums that may become due from you to us in
accordance with these terms.
c)The horsebox will not be made available to you until we have
received in cleared funds all sums due and payable to us for the
hire services.
d)The hiring of the horsebox will commence on the date on which you
collect the horsebox as agreed.
e) We will use all reasonable endeavours to have the horsebox
available for collection on the date agreed but we shall not incur
any liability whatsoever in the event of any delay arising from
matters beyond our reasonable control.
f) The horsebox will be provided with a full tank of fuel at the
commencement of hire. Please note obligations in respect of fuel
when returning the horsebox.
g) Prior to the release of the horsebox, you shall be required to
provide us with the following forms of identification in respect of
each proposed driver of the horsebox: - each drivers current driving
licence, passport and a recent utility bill containing details of
their current residential address.
h) Please note that, notwithstanding your payment of all sums owing
to us in respect of the proposed hire, the horsebox will not be
available to you until we are reasonably satisfied with your forms
of identification and the horsebox will not be released until all
such documents have been produced in accordance with these terms.
i) You may park your own vehicle, at your own risk, free of charge
at our premises for the duration of the hire.
j) Renter expressly agrees to pay owner on demand:
k) A charge will be made for delivery and collections
Service and time charges at rate specified overleaf plus other
charges, if applicable even if an account is forwarded to a third
party;
ii) Collision Damage Waiver (if any), Theft Protection Insurance (if
any), Personal Accident Insurance (if any), Legal Liability
Insurance (if any) and miscellaneous charges at the rate specified
overleaf;
iii)All fines and court costs for parking, traffic or other legal
violations assessed against the horsebox , Renter other Driver or
Owner until horsebox is returned, except where caused through fault
of Owner. Renter is liable as the owner of the horsebox in respect
of: any fixed penalty offence committed in respect of that horsebox
under the Road Traffic Act 1988 and Road Traffic Offenders Act 1988;
any excess parking charge which may be incurred in respect of that
horsebox in pursuance of an Order under Sections 45 and 46 of the
Road Traffic Regulation Act 1984 or the Road Traffic Act 1991;
l) In the event that the horsebox’s fuel tank is not returned full
you hereby authorise us to fill the tank on you behalf and charge
the costs of such fuel to your credit card.
m) Value Added Tax and all other taxes (if any) payable on the
aforesaid items;
n) Owners costs, including reasonable legal fees where permitted by
law, incurred collecting payment due from Renter hereunder;
o) Fair market value of repairing damage howsoever caused to the
actual horsebox supplied, administrative fees, plus loss of revenue
at the daily rate shown overleaf based on Owner's loss of use of the
horsebox, diminishment of value, towing, storage, impound fees,
regardless of fault or negligence of the Renter or any other person,
and regardless of whether damages are a result of an act of God.
Owner shall have the sole right and responsibility to repair the
horsebox. Damage should be reported in writing to the office where
the vehicle was rented as soon as possible and in any event within
24 hours after the Vehicle was damaged;
p) In the event of theft, fair market value of replacing the
horsebox, administrative fees, plus loss of revenue at the daily
rate shown overleaf based on the Owner's loss of use of the
horsebox, if Theft Protection Insurance is not purchased or does not
apply.
q) If the horsebox is stolen, it should be reported to the Owner
immediately, and in any event within 24 hours after the horsebox was
stolen. It should also be reported to the Police immediately and a
crime reference number should also be obtained immediately,
regardless if Renter's own insurance or if Owner's insurance
applies;
r) Renter agrees to allow Owner to compute and debit final charges
from Credit Card, if that is the form of payment used by Renter,
shown overleaf. If Renter breaches this agreement, Renter agree to
cease using horsebox and to pay all expenses incurred by Owner in
returning horsebox to place of rental.
5. Your right to cancel
a) You have the right to cancel the contract at any time up to the
end of seven working days from the date that the contract was agreed
between us. However, you will NOT be able to cancel the contract
once we have begun to perform the hire services with your agreement.
b) To exercise your right of cancellation, you must give written
notice to us by hand or by post or email, at the address shown
above, giving details of the hire services ordered.
c) Once you have notified us that you are cancelling the contract,
we will (if you are entitled to cancel the contract in accordance
with these terms) refund you within 30 days for any sums that have
been paid by you or debited from your credit card for the hire
services.
d) You may request the termination of the contract at any time. Your
request must be in writing and sent to us at the address shown above
and you agree that no refund of any fees for the hire services will
be due to you in the event of such a termination.
6. Your Obligations to us
You intake to owner as follows:
a) You shall not during the hire of this contract, not sell, assign,
mortgage, lend, let on hire or otherwise dispose of or part with
possession of the horsebox or part thereof nor attempt to purport to
do so.
b) We must be notified immediately of any change in your address and
upon request by us promptly inform us of the whereabouts of the
horsebox.
c) Use all partitions and such other equipment for the safe
transportation of animals and not transport any animals unless they
have been properly secured.
d) Do not carry more persons or animals than is recommended by the
horsebox manufacturers and at all times comply with all load and
weight restrictions as may apply from time to time in using the
horsebox and not overload the horsebox or permit the horsebox to be
overloaded.
e) Please note that smoking is strictly prohibited in any part of
the horsebox.
7. Return of Horsebox
a) On termination of the hire however or whenever occasioned or on
expiry of the period of hire, you shall no longer be in possession
of the horsebox with our consent and shall (unless we otherwise
agree) forthwith return the horsebox (including tyres, tools,
handbooks and accessories) to us at our premises in good clean order
and working condition and at you expense and risk
b) Unless we otherwise agree in writing, the return of the horsebox
shall be made by you returning it at our premises on or prior to the
date agreed for the expiry of the hire.
c) Please ensure that you return the horsebox on time and in
accordance with these terms. It is important that the horsebox is
returned on time so that is can be prepared in readiness for release
to other customers.
d) In the event that you do not return the horsebox on time and in
accordance with these terms: - a penalty payment of £150 will
immediately become payable to us, (subject to a maximum daily
penalty charge of £300). You shall fully indemnify us against any
other claims, liability, damages, losses, costs and expenses
suffered or incurred by or awarded against us and arising from your
failure to return the horsebox in accordance with these terms.
e) Please note that no refunds or other discounts will be given
where the horsebox is returned early.
8. Owner's Insurance
a) Renter is insured upon and subject to the terms and conditions of
the policy of insurance held by the Owner in respect of the horsebox
and its use against liabilities to third parties including
passengers who are non-fare paying and for whom there are
permanently fixed seats. A copy of the policy shall be kept
available for inspection by the Renter at the registered office of
the Owner specified overleaf.
b) In respect of each and every incident resulting in damage to the
horsebox, the Renter shall forthwith upon demand pay to the Owner
the appropriate excess on such insurance towards or in settlement of
the cost of making good any such damage on a full indemnity basis
and the cost and expenses incurred by the Owner in proceeding to
recover the same from the third party. In the event of the Owner
receiving from the third party any part of the amount of such costs
and provided the Renter shall have performed its obligations
hereunder the Owner shall repay to the Renter the like part of such
excess.
c) You shall remain solely responsible for insuring and keeping
insured all personal goods and possessions that do not belong to us
or are otherwise provided by us at the commencement of hire
including all horses and such other animals that we consent to being
carried in a horsebox and the transportation of the same under an
appropriate insurance policy with suitable cover and with a
reputable insurer. Such insurance should include cover against risk
of loss or damage by fire, theft, accident and other risks,
including third party risks, as are normally insured against in this
respect.
d) In no event shall we be responsible to you for any loss or damage
to personal goods or possessions, horses and other animals and you
hereby agree to indemnify us against any loss, damage or injury to
the horsebox (and any of its contents) (except for any caused by our
own negligence) in so far as it is not covered by a policy of
insurance. Please note that the insurance policy maintained by us in
respect of the horsebox is subject to a £1000 excess and you hereby
authorise us to charge all sums not covered by a policy of insurance
to your credit card.
9. In case of accident
The Renter shall in the event of an incident that results in damage
to the horsebox procure that:
a) The driver of the horsebox completes and delivers to the Owner
the relevant accident report within 24 hours after the accident;
b) No admission of liability is made to any person in relation to
such accident;
c) Any writ of summons, summons or other document relating to any
proceeding arising out of such accident is forthwith delivered to
the Owner at the address overleaf;
d) All assistance is rendered to the Owner and its insurers to the
conduct of such proceedings including without prejudice to the
generality of the foregoing permitting such proceedings to be
brought by the Owner in the name of the Renter and defending any
proceedings brought against the Renter;
e) The Renter shall forthwith upon demand fully and effectually
indemnify the Owner against all losses, liabilities, costs, actions,
claims or demands which it may incur or have brought or made against
it in relation to the horsebox or its use and which are not
recoverable under a policy of insurance whether the same is effected
by the Owner or Renter;
f) The names and addresses of all witnesses thereto are collected
and given to the Owner.
For the purposes of the DATA PROTECTION ACT (S) 1998, the Owner or
any subsidiary of the Owner may hold and process by computer or
otherwise the information given to Owner by the Renter or any
Additional Driver to identify other products or services which might
be relevant and for statistical analysis.
10.Renters Indemnity Provision
Upon demand from Owner, Renter agrees to defend, indemnify and hold
Owner harmless from all losses, liabilities, damages, injuries,
claims, demands, costs and expenses incurred by Owner in any manner
from this rental transaction or from the use or operation of the
rental horsebox by any party, including claims of or liabilities to
third parties and agrees to present a claim to their insurance
carrier for all such expenses. If Renter has no insurance to cover
such events or losses, Renter agrees to pay Owner for such losses.
11. Ownership
The horsebox shall at all times remain the property of the owner and
you shall have no rights to the horsebox other than as renter and
you shall not do or permit or cause to be done any matter or thing
whereby our rights in respect of the horsebox are or may be
prejudicially affected. |
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