These Terms and Conditions of Booking and Hire apply to the booking and the hire of the Vehicle. It shall be a condition of hire that these Terms and Conditions have been read, understood and accepted in their entirety without change or modification at the time that a booking is made and repeated when entering into the Vehicle Rental Agreement.
1.1 Definitions In these Terms and Conditions of Booking and Hire the following words shall have the meanings ascribed to them:
‘Agreement’ means the Booking Form, the Vehicle Rental Agreement, the Terms of Insurance, the Vehicle Handbook and any additional handover documents and the Terms and Conditions herein;
‘Booking Form’ means the on-line or paper booking document of which these Terms and Conditions form part;
‘Daily Rental Rate’ means one hundred and fifty per cent. (150%) of the Hire Fee divided by the number of nights between the date from which the hire is to commence until the date it is to end as shown in the Vehicle Rental Agreement;
‘Driver’ means the Hirer and the person named as an Additional Driver on the Booking Form and who is legally permitted to drive the Vehicle;
‘Excess’ is the insurance excess payable in the event of an insurance claim;
‘Hire Fee’ The fee for hiring the Vehicle as shown on the Vehicle Rental Agreement;
‘Hirer’ means the person or persons nominated as the hirer under the heading Hirer Details on the Booking Form and/or the Vehicle Rental Agreement and any person whose credit card is presented in payment of New Forest Safari fees and other costs and charges herein or provided pre-authorisation for recovery of the Security Deposit;
‘Included Mileage’ is the maximum mileage (50 miles per day) permitted during the Rental Period as shown in the Vehicle Rental Agreement;
‘Insurance’ is the motor vehicle insurance policy for the Vehicle;
‘Living Equipment’ includes but is not limited to crockery, cutlery, cooking utensils, linen and any other items or extras more particularly described in the Vehicle Handbook provided in addition to the Vehicle;
‘Rental Period’ means the date from which the hire is to commence until the date it is to end as shown in the Booking Form and/or the Vehicle Rental Agreement or any further period during which the Vehicle is in the possession or control of the Hirer;
‘Security Deposit’ means the deposit equal to the excess recoverable from the Hirer set out in the Terms of Insurance;
‘New Forest Safari’ means New Forest Safari Limited registered in England (Registered Number 8281113) whose registered office is Crosstrees, Sway Road, Lymington, Hampshire SO41 8LR;
‘T5’ means[the Volkswagen T5 motor home or any other model of motor home referred to as a T5 on the Booking Form and/or the Vehicle Rental Agreement.
‘Terms of Insurance’ means the Terms of Insurance detailed in the Booking Form;
‘Vehicle’ means the vehicle described on the Vehicle Rental Agreement and includes tyres, tools and accessories together with the Living Equipment and any other special equipment or documents related to the Vehicle and any replacement or substitute vehicle which may be provided at the discretion of New Forest Safari;
‘Vehicle Handbook’ is the handbook provided in the Vehicle which includes data and procedures specific to each Vehicle;
‘Vehicle Rental Agreement’ means document with the same title together with these Terms and Conditions of Hire which has been signed by the Hirer and the Additional Driver by way of acceptance.
1.2 Throughout these Terms and Conditions of Hire the singular shall include the plural and the masculine shall include the feminine and vice versa.
1.3 All fees are inclusive of Value Added Tax
2.1 The Booking Form must be completed on line or sent to New Forest Safari at Smallacres, Brownhill Road, New Milton BH25 5TT together with a non refundable booking fee representing 25% of Hire Fee. No online booking may be made unless the Hirer has confirmed that he has read, understands and accepts that these Terms and Conditions and the Terms of Insurance each form part of the Agreement between New Forest Safari and the Hirer.
2.2 Where the booking is not made on line the Hirer shall sign a printed copy of the Booking Form which includes the Terms of Insurance and forward with the non refundable booking fee representing 25% of the Hire Fee.
2.3 No booking of a Vehicle will be accepted by New Forest Safari unless and until New Forest Safari shall have confirmed acceptance to the Hirer (whether in writing, by email or by text).
3. Before commencement of the hire.
3.1 Not less than six weeks before the date from which the hire is to commence the Hirer shall pay to New Forest Safari the balance of the Hire Fee.
3.2 The Security Deposit shall be paid by debit or credit card or the pre authorisation procedure (which allows New Forest Safari to recover the Security Deposit from the debit or credit card within 10 days from the end of the Rental Period) shall be made at commencement of the Hire but any other form of payment shall be made not less than seven days before the date from which the hire is to commence.
3.3 The Hirer should be aware that statements made when completing the Booking Form which includes the Terms of Insurance are repeated at handover when completing the Vehicle Rental Agreement and if there is a change of circumstance, particularly in relation to the Hirer’s or the Additional Driver’s ability to drive the Vehicle (e.g. insurance (Clause 10) or evidence of identity (Clause 4.4)) the Hirer should contact New Forest Safari in writing as soon as is practicable.
4. Handover of the Vehicle
4.1 Handover shall take place during working hours between 2:30pm and 5:00pm on the first day of the rental Period. Handover outside of these hours may incur an additional fee.
4.2 The Hirer shall confirm having received the Vehicle in a clean condition and in sound working order and with a full fuel tank.
4.3 Handover cannot take place unless evidence of each driver’s identity (the Hirer and any Additional Driver) and legal ability to drive a vehicle in the United Kingdom is produced; such evidence shall mean (i) the driving licence showing the address of the Hirer and/or Additional Driver; (ii) a utility bill or bank statement (dated within 3 months of the date from which the hire is to commence) showing the same address for the Hirer and/or Additional Driver and (iii) New Forest Safari has confirmed with the Driving and Vehicle Licence Authority whether there are any endorsements on the Hirer’s or Additional Driver’s licences. The Hirer should be aware that any person wishing to drive the Vehicle who does not produce acceptable documents will not be permitted to drive the Vehicle and that if there are no drivers able to drive the Vehicle the Hire shall be deemed to have been cancelled by the Hirer without refund.
4.4 Where a vehicle has previously been returned with a mechanical or cosmetic defect, New Forest Safari may delay the handover whilst these issues are resolved. The Hirer agrees that a delay of up to 2 hours is acceptable to resolve mechanical issues and that any residual cosmetic damage which does not compromise safety will not be good reason to cancel the Hire.
4.5 New Forest Safari reserves the right to substitute a vehicle for the Vehicle booked and such substitution shall not entitle the Hirer to cancel the Agreement or to any refund. Where a substitute Vehicle is provided the Hirer shall not be liable for any increased rental or other charges save for additional running costs, if any, pertaining to the substitute Vehicle. If no substitute Vehicle is available the Hire Fee, or so much as has been paid, shall be refunded to the Hirer who shall have no further claim against New Forest Safari.
4.6 Handover cannot take place unless and until the Hirer and the Driver each confirm that the Terms of Insurance are correct and have produced evidence to confirm that they are permitted to drive the Vehicle under the Terms of Insurance.
4.7 The Hirer acknowledges that where he (or any other person in his party) leaves his vehicle at New Forest Safari property during the Rental Period he does so entirely at his own risk and New Forest Safari shall not be responsible for any damage caused to the vehicle or its contents.
5. Return of the Vehicle.
5.1 The Hirer agrees to return the Vehicle in a clean condition with a full fuel tank not later than 10:00am on the return date shown on the Vehicle Rental Agreement.
5.2 Within two working days (Monday to Friday inclusive except for Bank or Public Holidays) of the return of the vehicle, whether the Hirer is present or not, New Forest Safari will inspect the vehicle, and advise the Hirer of any damage or shortages which may affect return of the Security Deposit.
5.3 Except in the case of breakdown, the Hirer acknowledges that New Forest Safari will not refund any monies, nor have any obligation to provide a replacement Vehicle, if the Vehicle is returned early or the Hirer ceases to have the use of the Vehicle prior to the return date.
5.4 If the vehicle is returned after the time as set out in the Vehicle Rental Agreement, New Forest Safari may charge a late return fee of £35.00 for each hour or part of an hour. If New Forest Safari shall incur any other costs or losses as a consequence of the late return, including but not limited to the cancellation of the next hire, the Hirer shall be liable for these costs or losses in addition to the late return fee.
5.5 If the interior of the Vehicle is not in a clean condition, the Hirer shall pay a valeting fee of £50.00.
5.6 If the fuel tank on the Vehicle is not full, the Hirer shall pay a service charge of £25.00 plus the cost of fuel.
5.7 Except where the Vehicle is a T5, for each mile that the Vehicle has exceeded the Included Mileage (50 miles per day) the Hirer shall pay a surcharge of £1.00.
5.8 The Hirer shall pay to New Forest Safari any other losses or costs (including loss of or damage to the Living Equipment) suffered by New Forest Safari arising from the Hirer’s use of the Vehicle or otherwise during the Rental Period including, without prejudice to the generality of this provision, any fees, costs or losses arising as a result of any breach of the terms of this Agreement by the Hirer.
5.9 Where the Vehicle cannot be hired out because of damage or otherwise following its return, the Hirer shall pay a sum equal to the Daily Rental Rate multiplied by the number of days during which the Vehicle cannot be hired out.
5.10 The Hirer shall pay to New Forest Safari the costs incurred in recovery of the Vehicle which is not, for whatever reason, returned to New Forest Safari.
5.11 The monies payable under this Clause 5 shall become immediately due for payment on return of the Vehicle or, in relation to clause 5.2, such later date that the Hirer is advised of any damage or shortages.
6 . Indemnity given by the Hirer
6.1 The Hirer undertakes to pay and keep New Forest Safari indemnified against:
a) the costs of parking fines, other fines or penalties including the cost of releasing the Vehicle from any pound;
b) the costs of road tolls, London congestion charges, and any similar charges that may be implemented by other Authorities;
c) the loss of or costs of repair to the Vehicle which is not recoverable from the Insurance;
d) the loss of or costs of repairing any damage to the Living Equipment
e) all claims and losses, including legal and other costs incidental to defending such claims and losses of or damage to property and/or injury to persons which are not recoverable from the Insurance whether or not the incident from which the claims and losses were reported to New Forest Safari on return of the Vehicle.
6.2 The Hirer warrants that all information supplied to New Forest Safari in connection with this Agreement is true and complete. In particular, at the time of hire the Hirer warrants that information supplied on the Booking Form has not changed, including but not
limited to the number of points on the Hirer’s or Additional Driver’s licence. Any material change in Hirer or Driver details may result in the hire not proceeding but this will be treated as cancellation by the Hirer and Clause 4.4 above shall apply. In addition, the Hirer indemnifies New Forest Safari for all loss or damage, including but not limited to repair costs, third party damages and consequential losses arising from an accident where the vehicle is being driven by someone other than the Hirer or Additional Driver.
7 . Cancellation
7.1 Where the Agreement is cancelled for whatsoever reason New Forest Safari shall retain the booking fee paid in accordance with Clause 2 above; and
7.2 Where the hire is cancelled by the Hirer within 2 weeks prior to the date from which the Hire is to commence or pursuant to Clause 4.4 above the balance of the Hire Fee shall be paid by the Hirer; or
7.3 Where the hire is cancelled by the Hirer more than 2 weeks but less than 6 weeks prior to the date from which the Hire is to commence 50% of the balance of the Hire Fee shall be paid by the Hirer and for the purposes of this provision ‘the balance of the Hire Fee’ shall mean the Hire Fee for the Vehicle less the booking fee payable in accordance with Clause 2 above.
8. Payment of Charges – Joint and Several Liability
All charges and expenses payable by the Hirer under this Agreement are due on demand by New Forest Safari. If the Hirer does not pay all charges due, a late charge of 1.50% per calendar month on the outstanding balance and any collection costs incurred by New Forest Safari, including reasonable legal fees, will be added. When the Hirer comprises more than one person, each person is jointly and severally liable for all obligations pursuant to this Agreement.
9. Credit Card Payment
New Forest Safari will accept payment by certain credit cards. Payments made by debit/credit card are processed through secure payment service providers thus ensuring that no sensitive personal information is held by New Forest Safari in relation to debit or credit card.
9.1 The Hirer will not dispute any liability to New Forest Safari for any amount due under this Agreement and shall indemnify and keep indemnified New Forest Safari against any loss incurred (including legal costs) by reason of notifying a credit card issuer of such dispute; and
9.2 The Hirer acknowledges that all transactions under this agreement are conducted in Pounds Sterling. For credit card accounts held in a different currency, the Hirer acknowledges that all payments and refunds will be made at the prevailing exchange rate of that credit card company, and that New Forest Safari is not liable for exchange rate variations or charges that may occur.
10.1 New Forest Safari has effected Insurance being fully comprehensive insurance with a reputable insurance company in the United Kingdom for the Vehicle and any Hirer or Driver (confined solely to driving the Vehicle) details of which are set out in the Terms of Insurance.
10.2 The Hirer and the Additional Driver jointly and severally declare that at the date of completion of the Booking Form and at commencement of the Hire they are not subject to exclusions set out in the insurance policy as shown in the Terms of Insurance being:
Where the Terms of Insurance state that the Vehicle is not to be let out on hire for reasons referred to above it may be possible to refer the issue to the insurer and obtain a waiver to the specified exclusion; Hirers should complete the Booking Form, which includes the Terms of Insurance and New Forest Safari will advise whether, and on what terms, a waiver has been given when confirming acceptance of the booking under Clause 2.3 above.
10.3 The Hirer shall pay the insurance excess of £500.00 in the event of any claim except where the 25% Co-Insurance provisions for theft or conversion apply (Theft and damage to the Vehicle caused by cooking and heating equipment) in which case the Hirer shall pay to New Forest Safari the excess of 25% of the amount of the claim or £500.00 whichever is the higher.
10.4 The Hirer understands that the Vehicle is insured solely for damage to the Vehicle and the property of a third party and that the contents (belonging to the Hirer or other passengers) and the Living Equipment and other items as specified in the Vehicle Handbook are not covered by the Insurance and the Hirer agrees that he will pay the cost of any loss or damage to the Living Equipment in addition to the insurance excess in 10.3 above.
10.5 New Forest Safari have made the Hirer aware that the insurance cover provided is not intended to cover every eventuality and has recommended that the Hirer considers whether he should take up insurance to provide full insurance cover (e.g. personal liability to third parties, sickness, cancellations etc.)
11. Security Deposit
11.1 The Hirer irrevocably authorises New Forest Safari deduct monies paid or pre authorised (Clause 3.2) as the Security Deposit any amounts due to New Forest Safari arising out of this Agreement.
11.2 Subject to the deduction of any monies properly due to New Forest Safari under this Agreement, the amount of the Security Deposit that has been paid to it shall be refunded by bank transfer or by cheque sent by post within 10 working days.
11.3 The Hirer acknowledges that where the monies due to New Forest Safari pursuant to this Agreement exceed the amount of the Security Deposit, New Forest Safari shall retain the Security Deposit and the Hirer shall pay the excess (being the amount due to New Forest Safari less the amount of the Security Deposit) immediately it is demanded.
12 Driving Restrictions and use of the Vehicle
12.1 The Hirer agrees that:
a) During the Rental Period the Vehicle shall not be taken outside the counties of Hampshire, the Isle of Wight, and Dorset unless the Hirer has agreed with New Forest Safari some other area of the United Kingdom which is noted on the Vehicle Rental Agreement;
b) The Vehicle may be driven only on sealed/bitumen roads;
c) The Vehicle shall not be taken outside the United Kingdom;
d) The Vehicle may not be driven at speeds above 55mph, or less if specified in the Vehicle Handbook; and
e) New Forest Safari may at any time and at its sole discretion restrict Vehicle movement to certain areas due to adverse road or weather conditions or for any other reasonable cause.
12.2 The Hirer agrees that during the Rental Period the Vehicle will not be:
a) driven otherwise than in a cautious, prudent and normal manner and in accordance with relevant laws;
b) used in a manner which could cause harm to the Hirer or any other person;
c) driven in a prohibited area or in an area other than the areas previously indicated to New Forest Safari;
d) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
e) left unoccupied without the steering wheel security lock applied and the SatNav placed out of sight in the glove compartment;
f) driven by any person who is not shown as a Hirer or Driver on the Vehicle Rental Agreement;
g) damaged by submersion in water or contact with salt water;
h) used for any illegal purpose;
i) used for any race or rally or to tow any vehicle or trailer (unless agreed in writing with New Forest Safari)
j) used to carry passengers or property for hire or reward
k) used to carry more persons than the number of seat belts fitted or permitted by any relevant authority or detailed in the Vehicle Handbook;
l) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
m) used to carry children otherwise than in accordance with the legislation applicable to the use of baby or child seats and the Hirer acknowledges that he is solely responsible for this and for the supply and fitting of such equipment and that New Forest Safari has no liability whatsoever for defective child or baby seats or the incorrect fitting of the same by the Hirer;
n) left unattended with the ignition key in the Vehicle; or
o) otherwise used in breach this Agreement or contrary to any national or local laws or by-laws.
12.3 The provisions of Clause 12.1 (a), and (d) and with the prior written consent of New Forest Safari Limited the provisions of Clause 12.1 (c) shall not apply if the Vehicle is a T5.
13. Alterations to the Vehicle
The Hirer shall not make any alterations or additions to the Vehicle without the prior written consent of New Forest Safari.
The Hirer shall not allow any animals to be carried in the Vehicle without the prior written consent of New Forest Safari. The Hirer indemnifies New Forest Safari against all costs arising from damage, repair or valeting incurred as a result of any animal being kept in the Vehicle. If prior consent is given, a fee of £25.00 is payable by the hirer.
15. Maintenance of the Vehicle.
15.1 The Hirer shall take reasonable steps to properly maintain the Vehicle. New Forest Safari will reimburse expenditure up to £50.00 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 if provided) subject to:
a) The purchase of the parts and/or work was undertaken with the prior consent of New Forest Safari; and
b) any claim is accompanied by an receipted invoiced for the parts and/or works; and
c) The parts and/or works were not required as a consequence of any fault or breach of this Agreement by the Hirer.
15.2 The Hirer agrees that the tyres on the Vehicle are visibly sound and within legal limits and any damage or repair to tyres is the responsibility of the Hirer.
15.3 The Hirer is liable for any costs associated with the use of incorrect fuel
16. In the Event of an Accident
In the event of any accident, loss or damage arising out of the use of the Vehicle, the Hirer shall:
a) notify New Forest Safari as soon as is reasonably practical and, in any event, within 24 hours;
b) obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
c) complete the accident report form;
d) not make any admission of liability to other parties, settlement offer or other like offer or do any other act which may vitiate the insurance;
e) assist New Forest Safari in dealing with any claim including providing all relevant information and attending Court to give evidence where required; and
f) the Hirer agrees to 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.
The Hirer acknowledges that the insurance excess or other amount due in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period;
17. Termination of the Agreement
The Hirer acknowledges that if:
a) The Hirer is in breach of any term of this Agreement, or
b) the Vehicle has been obtained through fraud or misrepresentation in statements or claims made to New Forest Safari; or
c) the Vehicle appears to be abandoned; or
d) the Vehicle is not returned or New Forest Safari reasonably believe that the Vehicle may not be returned on the date the hire is to end as shown on the Vehicle Rental Agreement; or
e) New Forest Safari considers, on reasonable grounds, that the safety of passengers, third parties or the condition of the Vehicle is endangered;
New Forest Safari may determine this Agreement and repossess the Vehicle without notification to the Hirer, and the Hirer will pay the reasonable costs of repossessing the Vehicle, including towing charges, and the Hirer shall have no claim against New Forest Safari. The Hirer also agrees that in the event of such termination or repossession, there is no right to a refund of any part of the rental charges or of the Security Deposit.
Subject to its obligation to hand over the Vehicle or substitute Vehicle, the Hirer releases New Forest Safari, its employees and agents, from any liability for any loss or damage incurred by the Hirer by reason of this Agreement, including but not limited to:
a) Any loss or damage caused by breakdown, mechanical defect or the Vehicle being unsuitable for any purpose;
b) Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any part of New Forest Safari premises or recovered or handled by New Forest Safari;
c) Subject to any insurance arrangements agreed with New Forest Safari, the Hirer hereby indemnifies and shall keep indemnified New Forest Safari in accordance with these Terms and Conditions of Booking and Hire.
19. Registered Address
New Forest Safari Limited
Crosstrees, Sway Road, Lymington
Registration No: 8281113
Telephone: 01425 621089