1. THESE TERMS
1.1 These Rental T&Cs set out our responsibilities to you and your responsibilities to us when you rent a Vehicle and any Equipment from Ultimate Campers Limited (we, our, or us). These Rental T&Cs form part of our Rental Agreement with you.
1.2 Please read the Rental Agreement carefully. If you do not think you have received all the documents – or there is anything you do not understand or agree with – please contact us before signing the Rental Agreement. The person who signs the Rental Agreement must be the person who pays for the rental and the main driver of the Vehicle.
1.3 Any changes to the Rental Agreement must be in writing and signed on behalf of us and you.
1.4 The following terms apply to the Rental Agreement:
(a) Authorised Drivers: those individuals who meet the requirements set out in clause 5.1 and whose names appear in the Rental Schedule, including the Main Driver;
(b) Cancellation Policy: the document that sets out what rights you have to end the Rental Agreement prior to the commencement of the Rental Period, including as further set out in clause 10 and the Rental Schedule;
(c) Condition Report: the document that sets out the condition of the Vehicle when you collect it from, and return it to, us;
(d) Equipment: the equipment we rent to you with the Vehicle, as set out in the Inventory Schedule;
(e) Inventory Schedule: the document to the Rental Agreement that details the Equipment you are renting from us;
(f) Main Driver: the person who signs the Rental Agreement and pays for the rental of the Vehicle and any Equipment;
(g) Mileage Limit: the maximum number of miles that you may travel during the Rental Period as set out in the Rental Schedule;
(h) Required Documents: the documents that Authorised Drivers will be required to provide on collection of the Vehicle including a full valid UK or EU driving licence and any identity documents we may require;
(i) Rental Agreement: these Rental T&Cs, the Rental Schedule, the Inventory Schedule, the Condition Report and all other documents which are made a part of this contract in accordance with clauses 1.3 and 5.1(a) or are incorporated into this contract by express reference in this contract (such documents being part of this contract to the extent so referenced);
(j) Rental Period: the duration of your rental of the Vehicle and Equipment, as set out in clause 3.1;
(k) Rental Price: the price payable by you for renting the Vehicle and Equipment, as set out in the Rental Schedule and as calculated in accordance with clause 8.1;
(l) Rental Schedule: the document to the Rental Agreement that sets out key terms of your rental including our details, the Rental Price, the Security Deposit, the Rental Period, the Main Driver and any other Authorised Drivers, any maximum number of passengers, payment information and payment terms, our Cancellation Policy and any “house rules”;
(m) Security Deposit: the amount held as security by us in relation to the rental of the Vehicle and Equipment, as further set out in the Rental Schedule; and
(n) Vehicle: the vehicle being rented to you, as set out in the Rental Schedule.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are a limited company and are registered in England and Wales under company number 10137381. Our registered office at 38 Salisbury Road, Worthing, England, BN11 1RD. Our main trading address is Unit 3, Hillmans Farm, Bolney Chapel Road, Twineham, RH17 5NN.
2.2 You can contact us by emailing sales@ultimatecampers.co.uk, calling 01293 311111 or writing to us at our main trading address in clause 2.1.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address in the Rental Schedule.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. RENTAL PERIOD
3.1 The Rental Period is the period from “pick up” (the start date and time shown in the Rental Schedule) until whichever is later:
(a) The end date and time shown on the Rental Schedule; or
(b) If you return the Vehicle during normal opening hours, when you hand over the keys and any Equipment at the return location specified in the Rental Schedule.
3.2 If you wish to extend the Rental Period before collection or during the Rental Period, please contact us immediately. We will endeavour to accommodate your request but cannot guarantee that we will be able to extend the Rental Period. If we can agree an extension, you may be required to sign a new rental agreement and you will be liable to pay any additional costs at the time the extension is agreed.
4. RENTING AND OWNERSHIP OF THE VEHICLE AND EQUIPMENT
4.1 The Rental Agreement relates to your rental of the Vehicle and Equipment at the Rental Price and for the Rental Period.
4.2 You agree that we retain title to the Vehicle and its content (including the Equipment) and that you poses such as a mere bailee only. You do not have any right to pledge our credit in connection with the Vehicle or its contents and agree not to do so. You 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 or its contents.
4.3 You are responsible for providing any other equipment that you need for the Rental Period, other than the Equipment.
5. REQUIREMENTS THAT MUST BE MET TO RENT THE VEHICLE
5.1 All Authorised Drivers must:
(a) have the Required Documents and sign all necessary documentation either before, or at the time of, collection of the Vehicle and Equipment; and
(b) at the time of booking (namely signature of the Rental Agreement) or at start of the Rental Period (as required by us):
(i) have held their licence for any minimum period that we require;
(ii) have no more motoring convictions and/or points than the maximum number specified in the Rental Schedule;
(iii) have not had their licence suspended for any period specified in the Rental Schedule; or
(iv) have not been involved in any accidents for the period specified in the Rental Schedule.
5.2 Any Authorised Driver who does not meet all of the requirements set out in clause 5.1 will be unable to drive the Vehicle.
5.3 All Authorised Drivers should ensure that they read and understand their responsibilities during the Rental Period, including as set out in clause 6.
5.4 If all Authorised Drivers fall to meet all of the requirements set out in clause 5.1, we will refuse to rent the Vehicle and Equipment to you. Only the Security Deposit will be refunded to you and this will be refunded to you in accordance with the timescales set out in clause 15.7.
6. YOUR RESPONSIBILITIES DURING THE RENTAL PERIOD
6.1 You must:
(a) Comply with any obligations and requirements set out in the Rental Schedule;
(b) Give a member of our staff the keys to the Vehicle when you return it (you must not leave the keys with anyone else);
(c) Use the Vehicle according to the road traffic laws that apply in the country you are driving in, including driving in a cautious, prudent and normal manner;
(d) Drive with due care and attention and not at excessive speeds;
(e) Comply with all laws and regulations for using the Vehicle;
(f) Only allow Authorised Drivers to drive the Vehicle;
(g) Use the correct fuel;
(h) Take all reasonable steps to properly maintain the Vehicle during the Rental Period including checking the oil, coolant, tyre pressures and batteries;
(i) Lock the Vehicle when you are not using it, or when you are refuelling it (including using any security device fitted to or supplied with it); and
(j) Immediately contact us if you become aware of a fault with the Vehicle, or if you believe the fault means the Vehicle is no longer roadworthy.
6.2 You must not:
(a) Take the Vehicle outside of the country of rental without our prior written agreement;
(b) Use the Vehicle:
(i) in any manner than could cause damage;
(ii) for any crime or other illegal activity or purpose;
(iii) for hire or reward (or any other form of profit or renumeration), or for any purpose which requires an operator’s licence;
(iv) off-road, on a racetrack, for racing, pace making, testing whether for reliability or speed, or for teaching someone to drive, or in connection with motor rallies, competitions, demonstrations or trials;
(v) whilst any Authorised Driver is under the influence of alcohol, drugs or other narcotic substances or medications under the effects of which the operation of a vehicle is prohibited or not recommended;
(vi) when any warning light is on or when the service reminder message is displayed unless it is unsafe to stop or you have been advised by us to continue driving;
(c) Use a mobile communication device that may distract you from driving;
(d) Fit your own equipment to the outside of the Vehicle which may cause damage to the Vehicle without our prior agreement (e.g., roof racks, luggage carriers or bike racks);
(e) Overload the Vehicle (as determined by the Vehicle manufacturer);
(f) Sell, rent, remove or dispose of the Vehicle or any of its parts or allow anyone else to do so;
(g) Push or tow any trailer or any other vehicle if a Vehicle has not been fitted with a tow bar by us;
(h) Give anyone any rights over the Vehicle;
(i) Work on the Vehicle or let anyone else work on the Vehicle without our prior written agreement;
(j) Make any alterations or additions to the Vehicle;
(k) Carry or transport any explosive, dangerous, hazardous, toxic, flammable, corrosive, radioactive, harmful or illegal materials;
(l) Carry any pets without our prior written agreement. If pets are authorised by us:
(i) they must not be left in the Vehicle unattended;
(ii) they must not be allowed on any of the soft furnishings or upholstery (this includes beds and seats/sofas);
(iii) the Vehicle must be returned in a clean and tidy condition as if a pet were never present; and
(iv) you agree to cover the cost of all damage caused by a pet.
7. EUROPEAN TRAVEL
For those travelling from the UK to Europe there is an additional charge for European cover (including European roadside assistance). This is set out in the Rental Schedule. European cover is mandatory and you will be in breach of the Rental Agreement should you take the Vehicle into Europe without taking out the additional European cover. The following countries are covered by the European Travel Insurance: any member country of the European Union plus Gibraltar, Iceland, Liechtenstein, Monaco, Norway, San Marino, Serbia and Switzerland. Travel outside of these countries listed above will be in breach of the Rental Agreement and you will not be covered by any insurance. Please check your route carefully and ensure it does not go outside these countries.
8. RENTAL PRICE, SECURITY DEPOSIT, ADDITIONAL CHARGES AND PAYMENT TERMS
8.1 The Rental Price is calculated based on the following:
(a) The Rental Period;
(b) The number of Authorised Drivers;
(c) The Mileage Limit;
(d) Insurances (including EU cover);
(e) Breakdown cover;
(f) if pets are allowed; and
(g) any other factors set out in the Rental Schedule.
8.2 Unless stated otherwise in the Rental Schedule, the Rental Price includes the cost of any Vehicle tax, local taxes and any location surcharges. The Rental Price does not include any additional charges you could be liable for pursuant to the Rental Agreement including as set out in clause 8.4.
8.3 You agree to pay the Rental Price and Security Deposit in accordance with the payment terms set out in the Rental Schedule. The Security Deposit will be refunded to you in accordance with clause 15.7.
8.4 You could be liable for, and you agree to pay or (if there are sufficient funds) have deducted from your Security Deposit:
(a) Any additional charges set out in the Rental Schedule if you fail to comply with clause 15.1 or any “house rules” set out in the Rental Schedule;
(b) Any cancellation charges should you end the Rental Agreement prior to the start of the Rental Period (see clause 10); and
(c) Any of the following additional charges:
(i) all parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period (see clause 16);
(ii) any additional costs over and above the Security Deposit value should damages exceed the value of the Security Deposit;
(iii) the cost to recover the Vehicle should you fail to return it to us in accordance with clause 15.1;
(iv) any other fees or charges payable by you pursuant to the Rental Agreement (including as set out in clauses 6.2(l)(iv), 15.3 and 16.2); and
(v) any other costs or expenses incurred by us as a result of any breach by you of the terms of the Rental Agreement.
9. CHANGING THE VEHICLE
9.1 We reserve the right, at our absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle ordered. In that event, you shall not be liable for any increased rental pertaining to the substitute Vehicle. Such substitution shall not entitle you to any refund and does not constitute a breach of the Rental Agreement.
9.2 Should you elect to the change the Vehicle you have booked prior to the start of the Rental Period, subject to availability, we will try to accommodate the request where possible. Should there be an increase in the Rental Price, you will be liable for the increased Rental Price. Should the Rental Price be lower, the original Rental Price will stand and no refund will be given. Should we not be able to accommodate the request and you decide to end the Rental Agreement, you agree to pay the cancellation charges in accordance with clause 10.
10. IF YOU END THE RENTAL AGREEMENT BEFORE THE RENTAL PERIOD STARTS
If you decide to end the Rental Agreement prior to the start of the Rental Period, you may be liable to pay a cancellation charge in accordance with our Cancellation Policy.
11. IF YOU END THE RENTAL AGREEMENT DURING THE RENTAL PERIOD
If you decide to end your rental during the Rental Period, you will not be entitled to a refund of the Rental Price. You must contact us immediately so that we can give you a revised return date and time.
12. IF YOU END THE RENTAL AGREEMENT BECAUSE OF SOMETHING WE HAVE DONE
12.1 If you decide to end the Rental Agreement early because of us breaking the Rental Agreement, you must tell us immediately. If you end the Rental Agreement during the Rental Period, you must return the Vehicle and Equipment to us as soon as possible. You must still pay all amounts owed to us under the Rental Agreement and you must do all you can to reduce (or mitigate) any losses you suffer.
12.2 Nothing in the Rental Agreement reduces your statutory rights. However, if we break the Rental Agreement by not doing what we agreed to, we must pay for the losses you suffer as a result, provided they are losses that we both thought, when you signed the Rental Agreement, could arise if we broke the Rental Agreement (known as foreseeable losses).
12.3 Foreseeable losses could include your reasonable costs of using alternate means of transport during the original Rental Period. We will not be responsible for your foreseeable losses where you have been able to recover them from someone else. We will not pay for losses not directly related to our failure to provide you with a Vehicle or losses that were not foreseeable by you and us (such as loss of opportunity).
12.4 Nothing in the Rental Agreement shall limit or exclude our liability for:
(a) Fraud;
(b) Death or personal injury caused by our negligence; or
(c) Any other liability to the extent that the law says it cannot be excluded or limited.
13. WHEN WE END THE RENTAL AGREEMENT EARLY BECAUSE OF SOMETHING YOU HAVE DONE
13.1 We may end the Rental Agreement immediately if:
(a) You break the Rental Agreement in a way that causes us significant loss or harm, or in a way that cannot be rectified (including abandoning the Vehicle or not returning the vehicle and Equipment at the end of the Rental Period;
(b) You have obtained the Vehicle through fraud or misrepresentation;
(c) Any statement or representation made by any Authorised Driver is incorrect;
(d) You are declared bankrupt or a receiving order has been made against you; and/or
(e) We find out that any of your belongings have been taken away from you until you pay off your debts.
13.2 If we end the Rental Agreement in accordance with clause 13.1, you agree to pay:
(a) Any amounts owed to us under the Rental Agreement; and
(b) For the losses we suffer as a result, provided they are losses that we both thought, when you signed the Rental Agreement, could arise if you broke the Rental Agreement (known as foreseeable losses).
13.3 Foreseeable losses could include loss of rental income, the cost of repairing or replacing damaged items; or any amounts we have to pay to third parties if we are late in returning the Vehicle and/or any Equipment to them. You may also lose the benefit of any waivers, excess reduction products, personal accident insurance and third party liability insurance.
13.4 If we end the Rental Agreement in accordance with clause 13.1, you will not have to pay for losses that are not directly related to you breaking the Rental Agreement or losses that were not foreseeable.
14. COLLECTING THE VEHICLE AND EQUIPMENT
14.1 You must collect the Vehicle and Equipment from the location, and at the time, specified in the Rental Schedule. In addition:
(a) The Main Driver must be present on collection of the Vehicle;
(b) You must be able to meet the requirements set out in clause 5.1; and
(c) The Condition Report must be completed in full and signed by you and us before the Vehicle and Equipment can leave the location.
14.2 At the time of collection, we may refuse to rent the Vehicle and Equipment to you if:
(a) You fail to meet the requirements set out in clause 14.1;
(b) We believe that any Authorised Driver is under the influence of drink or drugs; and/or
(c) You or anyone in your party is (in our opinion) abusive or threatening to our staff.
14.3 Only the Security Deposit will be refunded to you if any of the circumstances in clause 14.2 arise. The Security Deposit will be refunded to you in accordance with clause 15.7. You will not be entitled to a refund of the Rental Price.
14.4 We will make every effort to have your Vehicle and Equipment ready for the collection time specified in the Rental Schedule. However, we cannot guarantee that your Vehicle and Equipment will be ready for this time. Should this be the case no refunds will be due to you, there will be no extension of your hire, and the Vehicle and Equipment will still be required to be returned in accordance with clause 15.1.
14.5 The Vehicle has been maintained in accordance with the manufacturers recommended standards and will be roadworthy on “pick up”. The Vehicle and Equipment will be inspected in accordance with the Condition Report. You will be taken on a tour of the Vehicle and you and a member of our staff will be required to complete and sign the Condition Report before you leave the collection location. Any existing damage will be included in the Condition Report. You are free to take photos of existing damage if you wish.
14.6 You will be shown how the onboard controller for the lights and heating works. Should the onboard controller fail during your hire, we will give you a refund of up to £50 provide you are able to provide a valid receipt from the repair when you return the Vehicle to us. Repairs costing in excess of £50 must first be authorised by us prior to the work being undertaken. We will not be held responsible, and will not refund any monies (including the Rental Price) or provide you with a replacement Vehicle, should a loss of service of any part of the onboard controller be encountered.
15. RETURNING THE VEHICLE AND EQUIPMENT
15.1 You must return the Vehicle and Equipment to the location, and at the time, specified in the Rental Schedule. In addition: the Vehicle and Equipment must be returned:
(a) undamaged and clean;
(b) with the required type and amount of fuel, as set out in the Rental Schedule; and
(c) in accordance with any “house rules” set out in the Rental Schedule.
15.2 The Vehicle and Equipment will be inspected in accordance with the Condition Report. Before you leave the return location:
(a) You and a member of our staff will be required to complete and sign the Condition Report. We will allow for normal wear and tear, bearing in mind the distance you have travelled (provided such is within the Mileage Limit) and the length of the Rental Period; and
(b) You agree to pay for amounts outstanding or due in accordance with the Rental Agreement.
15.3 Failure to comply with clause 15.1, may result in:
(a) You losing all or most of your Security Deposit (you will lose all of your Security Deposit should you abandon the Vehicle without agreement from us);
(b) You paying for any damage we find (if this is not fully covered by your Security Deposit);
(c) You paying the replacement costs set out in the Inventory Schedule for any Equipment that is damaged or not returned;
(d) You paying any additional charges specified in the Rental Schedule;
(e) You paying the full cost of recovery of the Vehicle;
(f) You paying our foreseeable loss (see clause 13.3);
(g) You paying costs we have to pay to third parties in relation to the Vehicle and any Equipment;
(h) You paying our own reasonable costs.
15.4 If you will be late returning the Vehicle and Equipment, you must inform us immediately and prior to the return time specified in the Rental Schedule. Failure to advise may result in prosecution for driving whilst uninsured. If you do not bring the Vehicle and Equipment back to us at the agreed date and time you will have broken your contract with us and you may lose the benefit of any damage waivers, excess reduction products or personal accident insurance. This means that you will need to show that the damage, loss or theft occurred before the agreed return date and time if you wish to benefit from these waivers and protection products. We will take steps to find the Vehicle and get it back. This could include reporting the Vehicle to the police as missing or stolen, giving your details to a repossession agency, and/or trying to recover the Vehicle from your premises.
15.5 If you return the Vehicle and Equipment before the time specified in the Rental Schedule and a member of our staff is not available to take possession of the Vehicle and Equipment:
(a) You do so at your sole risk. This means you will also be liable for any damage to, or loss of, the Vehicle and Equipment (unless such is caused by our negligence or by us breaking the law) as well as any parking, traffic or other fines or charges that are incurred during this time; and
(b) Secure the Vehicle and Equipment at the return location – you must not leave the Vehicle or Equipment anywhere else.
15.6 If you return the Vehicle and Equipment before the time specified in the Rental Schedule because you have decided to end your holiday early, in accordance with clause 11 you must contact us immediately so that we can give you a revised return date and time. You will not be entitled to a refund of the Rental Price if you return the Vehicle and Equipment early.
15.7 Subject to clause 17.3 and any deductions made in accordance with the Rental Agreement (including as set out in clauses 8.4 and 16.2), we will refund to you the balance of your Security Deposit within 2 days of the expiry of the Rental Period. Should any damages or costs exceed the Security Deposit you agree to settle all additional costs over and above the Security Deposit value within 7 days of the earlier of (i) being notified by us of the cost or (ii) the end of the Rental Period.
15.8 It is your responsibility to make sure that upon return of the Vehicle all your personal possessions and rubbish are removed from the Vehicle. The Vehicle may be going back out again on hire that same day, and we cannot be held responsible should an item be left on board. We will endeavour to contact you if items are handed in but these items will only be stored for two weeks before disposal/charity.
16. SPEEDING, PARKING AND TRAFFIC FINES AND CHARGES
16.1 You are responsible for all fines and charges issued as a result of you or any Authorised Driver using the Vehicle. Fines and charges could include:
(a) All parking fine and charges;
(b) Toll charges;
(c) Towing charges:
(d) Clamping costs;
(e) Traffic fines and charges;
(f) Speeding fines; and
(g) Any other charges or fines.
16.2 If a fine or charge is sent to us because you have not paid a charge or complied with the law, you will be liable to pay our administration fee to cover our cost of dealing with the fine or charge and the fine or charge itself if we have to pay it. You agree that we can deduct such amounts from the Security Deposit.
17. RESPONSIBILITY WHEN AN ACCIDENT OCCURS
17.1 If you have an accident, when at the scene of the accident you must:
(a) Not admit responsibility to any third party. If you admit responsibility, it may be harder for us to recover costs and reimburse you your excess;
(b) If possible, note the names and addresses of everyone involved, including witnesses and passengers;
(c) If the Vehicle is not safe to drive, make it as secure as possible and call us immediately to arrange recovery; and
(d) Report the accident to the police and get a police report or crime reference number.
17.2 After accident you must:
(a) Complete the incident form (and European accident form if the accident occurs in Europe) we give you in full and return it to us within 7 days. You must not knowingly tell us wrong information. If you do, you will lose the benefit of any waivers, excess reduction products, personal accident insurance and third party liability insurance, to the extent we are allowed to do so by law. In addition if you do not send us a fully completed incident form (and European accident if applicable) or we find out that the incident form (and European accident form if applicable) contains missing or incorrect information, then you will be charge a processing fee;
(b) Not repair the Vehicle yourself or let anyone else do so unless we have given you written permission. If you allow repairs to be carried out without our prior written agreement, you will have to pay for it and to the extent we are allowed to do so by law, you will lose the benefit of any waivers, excess reduction products, personal accident insurance and third party liability insurance;
(c) You and any other Authorised Drivers must help us with any insurance claim related to the accident including providing all relevant information and attending Court to give evidence; and
(d) Pay to us any excess or other amount due in respect of any damage arising from an accident, regardless of which party is at fault.
17.3 No Security Deposit or insurance excess will be refunded until claim is settled.
18. ROADSIDE ASSISTANCE/BREAKDOWN COVER
You are covered for roadside assistance / breakdown cover. Our insurance broker changes the supplier from time to time and the latest assistance document is available on request.
19. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use your personal information as set out in our which can be found at https://ultimatecampers.co.uk/privicy-policy.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under the Rental Agreement to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to discuss ending the Rental Agreement.
20.2 The Rental Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
20.3 Cancellation of the Rental Agreement does not affect any rights or liabilities which have accrued before the time of termination or expiry, or the continuance in force of any provision of the Rental Agreement which expressly or by implication is intended to come into or continue in force after termination.
20.4 A notice given to a party under or in connection with the Rental Agreement shall be in writing and sent to the party at the postal address or email address set out in the Rental Schedule or as otherwise notified in writing to the other party. A notice may be given by first class recorded delivery post and the deemed delivery date and time of such notice will be the second working day after posting. A notice may be given by email and the deemed delivery date and time of such notice will be the first working day after transmission of the email.
20.5 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
20.6 If we do not insist immediately that you do anything you are required to do under the Rental Agreement, or if we delay in taking steps against you in respect of your breaking the Rental Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
20.7 The Rental Agreement is governed by English law and you can bring legal proceedings in respect of the Rental Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Rental Agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Rental Agreement in either the Northern Irish or the English courts.