New Marque Motorhomes Ltd
1 Over Road, Longstanton, Cambridge, CB24 3DW Tel: 01223 904000
‘I’,‘me’ and ‘my’ refers jointly and severally to the person or persons who are the customers. ‘This Agreement’ means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other New Marque Motorhomes literature, the provisions of these Terms and Conditions apply
‘New Marque’ Or “New Marque Motorhomes” means New Marque Motorhomes Ltd 1 Over Road, Longstanton, Cambridge, CB24 3DW
‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hirers Name / Contact’ on the Rental Agreement, any person whose credit or debit card is presented in payment of the customer’s charges, or any person who deems themselves to be the legal entity and ultimately responsible for the motorhome. Should the legal entity be different from the driver, then full name, address and contact phone numbers must be supplied.
‘Rental Period’ Means the hire period as stated on the Rental Agreement or any agreed variation thereof and any additional period during which the vehicle is in the customer’s possession or control.
‘Vehicle’ Means the vehicle as stated on the Rental Agreement and includes tyres, tools, accessories, the living equipment and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of New Marque Motorhomes.
‘Living Equipment’ Includes but is not limited to, TV, DVD player and aerial, Oven, Radio/CD player, crockery, cutlery, cooking utensils.
“Security Deposit” means the Vehicle security deposit details under the heading “Security Deposit/Insurance Excess” in the Insurance Motor Rental Agreement.
‘Overhead damage’ Is deemed as any damage sustained to any part of the vehicle, its equipment and or any third party property which occurs above 6 feet (1.83 metres) in height measured from the ground upwards.
1. Office / Depot
1 Over Road, Longstanton, Cambridge, CB24 3DW
2. Office hours
3. Hire rates quoted include:
*Insurance loading. In some cases, New Marque Motorhomes will incur additional charges if the driver to be insured has a traffic conviction, more than 1 insurance claim or is in an occupation which is deemed high risk. These charges will be passed onto the customers.
**New Marque Motorhomes will supply full breakdown cover to cover any mechanical faults to the base chassis of the motorhome. Any call out charges necessitated by the client through operator error, e.g. a flat vehicle battery, wrong or insufficient fuel, keys locked in Motorhome etc will be the responsibility of the client/hirer
4. Minimum Hire This ranges from 5 to 7 nights depending on the season. New Marque Motorhomes reserves the right to increase the minimum hire period for certain events.
Availability is on a request and confirm basis at the time of reservation. A reservation is only binding after it has been confirmed by New Marque Motorhomes and a deposit payment has been received. Our terms and conditions including cancellation policy apply from this point onwards. Once the reservation is confirmed, a confirmation email will be sent out to the client. Settlement of the remaining balance will be due 30 days prior to departure New Marque Motorhomes reserves the right to cancel the booking if payment is not received 30 days prior to departure. Payment is by credit card (Visa or MasterCard only), debit cards, bank transfers, cash in Pounds Sterling. For late bookings (less than 30 days before departure) the full rental price is payable on booking. Vehicles will not be released without full payment being completed.
6. Cancellation charges
More than 6 weeks before: 25% of total hire cost or Booking Deposit (whichever is greater)
Less than 6 weeks till the booked collection date full balance would be charged with no refunds or exchanges.
New Marque Motorhomes reserves the right to amend our cancellation policy for certain events.
Please refer to our website for a list of optional extras & Add-ons
8. European Travel For those travelling within Europe there is an additional charge of £110.00 per week for European cover (including European roadside assistance). European cover is mandatory and you will be in breach of these terms and conditions should you take a motorhome into Europe without taking out the additional European cover. Minimum charge term for European cover is 7 nights, maximum charge terms is 21 nights
The following Countries are covered by the European Travel Insurance.
Austria – Belgium – Denmark – Finland – France – Germany – Greece – Hungary – Italy – Luxembourg – Netherlands – Norway – Poland – Portugal – Spain – Sweden – Switzerland
Travel outside of these countries listed above will be in breach of these terms and conditions and you will not be covered by any insurance. Please check your route carefully and ensure it doesn’t go outside these countries.
9. Ireland Travel For those travelling within Ireland there is an additional charge of £10.00 per night for your Ireland cover (including Irish roadside assistance). Ireland cover is mandatory and you will be in breach of these terms and conditions should you take a motorhome into Ireland without taking out Ireland cover insurance. Minimum charge term for Ireland cover is 7 nights, maximum charge terms is 21 nights.
10. Motorhome Collection & Return
11. Motorhome Systems New Marque Motorhomes will carry out a full Pre Checkout Inspection (PCI) on every motorhome before the commencement of hire. The PCI involves testing every system on board the motorhome to ensure they are operating correctly. In conjunction with this the hirer will be taken on a tour of the motorhome and shown how each system works. Should an onboard system fail during your hire, New Marque will make every effort to remedy the fault whilst you are away but in some circumstances this may not be possible and New Marque cannot be held responsible and will not refund any monies should a loss of service be encountered nor have any obligation to provide a replacement vehicle. In the case of winter hire, New Marque will not be and cannot be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the hirer.
12. Vehicle acceptance
13. Change of Vehicle New Marque reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle ordered. In that event, I shall not be liable for any increased rental pertaining to the substitute vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.
14. Rental and Other Charges
I will pay New Marque:
a) All rental charges
b) The security deposit
c) Administration fee of £25.00 per amendment of a confirmed booking or per penalty charge notice received.
d) The nominated valeting fee and or upholstery cleaning fee if the Vehicle is not returned with the interior in a clean condition
e) The nominated additional fee of £75.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle. f) The cost of refilling either the Diesel and or the LPG tanks should either tank not be returned completely full
¾ to full = £75.00
½ to ¾ full = £90.00
¼ to ½ full = £120.00
empty to ¼ full = £140.00
£40.00 regardless of level
g) The Late fee of £100.00 per hour should the vehicle be returned after the agreed time as stated on the rental agreement
h) The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance or delivery of the vehicle; i) The cost of any damage to the Vehicle or third party property, subject to the insurance or CDW cover;
j) All government fees and duties etc;
k) All parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period;
l) Any other fees or charges payable by me pursuant to this Agreement. This includes any costs incurred by New Marque as a result of any breach by me of the terms of this Agreement
m) Demurrage; the nightly rental rate for the period the Vehicle is off fleet; for example for accident repairs
n) Any additional costs over and above the security deposit value should damages exceed the security deposit value.
o) The cost to recover a Vehicle.
p) In the case of gross negligence New Marque reserves the right to recover full costs in order to return the motorhome to the state in which it was handed over.
15. Errors in Rental Charges Total charges as set out therein are not final. I will pay any shortfall in charges to New Marque and I will receive a refund for any overcharge acknowledged by New Marque Motorhomes
16. Security Deposit There is a refundable GB£750.00 Security Deposit payable by credit card or debit card. The card should be in the Main Hirers name and the amount will be debited from your account immediately. Pre-paid currency cards cannot be accepted. New Marque reserves the right to increase the security deposit in certain circumstances or for specific events e.g. World Cup events, Festivals, clients travelling with pets, for any other hire where the Motorhome is carrying 4 or more adults and if the security deposit is paid in cash to £1250 and will be returned via a bank transfer. Cheque payments are not accepted against the security deposit.
a) On taking delivery of the Vehicle, I agree to pay the Security Deposit
b) I irrevocably authorise New Marque to deduct from the Security Deposit any amounts due by me to New Marque arising out of this Agreement.
c) The security deposit will be refunded within 7 working days of the vehicle being returned to the depot as per the criteria set out in section 10 Motorhome collection and return and there are no outstanding insurance claims. It will not be refunded on return of the motorhome. If it was paid for in cash, this will be refunded by bank transfer.
d) Should any damages exceed the security deposit the customer will be responsible to settle all additional costs over and above the security deposit value within 7 days of your hire end date.
Note: Where the hirer has opted for the CDW option and has complied with its terms stated below (clause 26), no excess will be charged in the event of a Road traffic accident (RTA) or collision, but they should be aware that the security deposit will be used to fund any loss or damage what so ever to equipment, fixtures and fittings, windows, valeting or upholstery fees or negligent damage to the vehicle. Should these damages exceed the security deposit held, the customer will be liable for the total cost and the difference will need to be settled within seven days of returning the motorhome.
17. Use of the Vehicle I agree that during the rental period, I will not and will not allow the Vehicle to be;
a) Driven otherwise than in a cautious, prudent and normal manner;
b) Used in a manner which could cause damage
c) Driven in a prohibited area or in an area other than the areas indicated by me to New Marque;
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 open whilst the vehicle is unoccupied
f) Left with the ignition key in the vehicle while it is unoccupied
g) Left unoccupied without the TV/DVD covered.
h) Driven by persons : i. Under the age of 25 years; ii. Over the age of 75; iii. Who is not authorised by law to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading ‘Hire’s name/ contact’ on the Rental Agreement.
i) Damaged by : i. Submersion in water ii. Contact with Salt Water j) Used for any illegal purpose for any race, rally or contest
k) Used to tow any vehicle or trailer.
l) Used to carry passengers or property for hire or reward
m) Used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement
n) Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material
o) Otherwise used in breach of my obligations under this Agreement.
18. Road Restrictions
a) All Vehicles may only be driven on sealed / bitumen roads.
b) I acknowledge that New Marque reserves the right at any time, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause
19. Alterations to the Vehicle I shall not make any alterations or additions to the Vehicle without the prior written consent of New Marque Motorhomes
20. Title to Vehicle I acknowledge that New Marque retains title to the Vehicle and its contents and that I possess the goods as a mere bailee only. I do not have any right to pledge New Marque’s credit in connection with the Vehicle and agree not to do so. I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
21. Smoking All New Marque’s motorhome are non-smoking vehicles. New Marque reserves the right to impose additional Valeting and or Upholstery cleaning fees and charge demurrage should smoke be detected in the motorhome.
22. Passengers New Marque authorises the use of these vehicles up to the stated number of passengers. Each person is to use the safety restraints provided at all times whilst the vehicle is in motion. Carrying more than the specified number of passenger is against the law and in breach of this agreement. Children must use the correct child restraints appropriate for their weight/height under UK law.
New Marque Cannot supply child seats or booster seats.
23. Pets I will not allow any animals to be carried in the Vehicle, unless otherwise agreed with New Marque and an additional security deposit paid and the New Marque’s dog policy adhered to.
Standard insurance: 25 to 70 years.
Insurance for over 70’s drivers: 71- 75 years. This is by special request and agreement only with New Marque & their insurer. New Marque must be notified at the time of booking should any driver be over the age of 70. Additional information will need to be provided. Cover is not guaranteed.
Should the driver not disclose that they fulfil one of the above occupations even in a part time capacity, this will render the agreement as void and the hirer will be fully liable.
25. Insurance (provided all the personal information supplied is correct) The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer (including death or bodily injury to the driver) or cover any personal possessions. The vehicle insurance is arranged by Alan Boswell Group. The hire rate quoted includes a standard excess of GB£750.00 per accident or reported incident. In the event of any damage to either the vehicle or third party property, the hirer will be liable for the first GB£750.00 per claim. Only persons named on the Rental Agreement are insured to drive the vehicle. Please note that no insurance cover (including CDW) is offered for overhead damage, any damaged deemed as gross negligence, or any internal damages therefore the hirer accepts fully liability for these which is in addition to the standard vehicle excess should that apply. Windscreens and /or tyre damage is not covered by the standard vehicle insurance and therefore excess, however Collision Damage Waiver (CDW) does cover these items, (conditions apply), please see section 26 for further details.
26. Collision Damage Waiver (CDW) Collision Damage Waiver at £20.00 per night will reduce the £750 excess for damage caused due to a Road Traffic Accident (RTA) or collision (i.e. reported accident) to either the vehicle or third party property to £0. It will also cover the cost of replacement tyres or windscreen. However it will not cover any damage to the vehicle or third party property caused through a reversing manoeuvre or replacement or repair of windows. No insurance cover is offered for overhead damage, any damaged deemed as gross negligence, or any internal damages therefore full liability will apply. Applies in respect of first incident and or claim, not entire Rental duration. Once an accident has occurred CDW cannot be restarted and standard insurance terms will apply. Incident must be reported to New Marque within 24 hours otherwise CDW cover will not apply. Minimum charge term for CDW is 5 nights in winter and 7 nights during the July and August. Maximum charge terms is 21 nights.
Should the Terms and Conditions not be adhered to, the CDW will be void and the customer will be liable in full for all costs and damages. Please note that the CDW is completely optional and can be decided upon collection of your vehicle. After the hire has commenced, CDW cannot be taken out. CDW cannot be offered to drivers over the age of 70.
27. Vehicle Damage – Insurance Cover
I am aware that;
a) The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer or their possessions.
b) Neither the Standard Insurance nor Collision Damage Waiver (CDW) covers overhead damage. The hirer will be responsible for the cost to repair all damages.
c) I will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is £750.00 per claim, not per rental.
d) The excess may be reduced or removed, in most circumstances when a Road traffic accident (RTA) has taken place, by taking out a CDW. Terms apply; (please see clause 26, CDW). If CDW was accepted by me, it is set out under the ‘Insurance Declaration’ on the Rental Agreement and an additional premium must have been paid.
e) I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement
f) I will be responsible for any damage caused through gross negligence and will not be covered by the insurance including CDW.
28. Responsibility when accident occurs
a) In the event of any accident, loss or damage arising out of the use of the vehicle, I will
i. Notify New Marque within 24hrs of the happening of the event
ii. Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
iii. Complete an accident claim form as supplied;
iv. If the accident occurs in Europe then in addition you must complete the European accident report form as supplied;
v. Not make any admission of liability to other parties, settlement offer or other like offer;
vi. Assist New Marque in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
b) I acknowledge that the excess or other amount due by me 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, regardless of which party is at fault.
c) I will pay for any costs relating to the delivery of a change over vehicle as a result of an accident regardless of which party is at fault.
d) No security deposit or insurance excess will be refunded until claim is settled.
a) I shall take all reasonable steps to properly maintain the Vehicle, including checking oil and coolant levels, tyre pressures and batteries.
b) I acknowledge that New Marque will reimburse me for expenditure up to UK £40.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD equipment, provided That:
i. I produce relevant receipts: and
ii. I have received the prior consent of Just go;
iii. The damage is not due to my fault or my breach of this Agreement.
c) Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres damaged during the Rental Period. New Marque will reimburse me for expenditure reasonably incurred if;
i. The tyre is defective and is returned by me to New Marque for inspection; and
ii. I produce relevant receipts; and
iii. The manufacturer accepts liability under their warranty,
iv. CDW was taken out
30. Credit and Debit Card Payment Visa card and MasterCard credit cards only. Please note that a 1.5% charge will be levied to cover banking fees when a credit card is used to make payment for the final balance. No charge or fee for excess payments
a) New Marque will accept payment by credit cards approved by New Marque
b) When payment is paid by credit or debit card, I agree that;
i. New Marque is irrevocably authorised to complete any documentation and to take any other action to recover from my credit or debit card issuer all amounts due by me pursuant to this Agreement, including but not limited to those outline in section 14, Rental and other charges.,
ii. I will not dispute my liability to New Marque for any amount due under this agreement and I shall indemnify and keep indemnified New Marque against any loss incurred (including legal costs) by reason of notifying my credit or debit card issuer of such dispute.
iii. security payment, which will be cancelled within 7 days after the completion of the Rental Period, as per clause 16, Security deposit, I agree that New Marque is entitled to recover payment from my credit or debit card issuer pursuant to clause 30, section b, sub-section i & ii, in respect of any amounts due which were not known at the time of cancelling the open security payment.
c) 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 or debit card and the amount refunded within 7 days after the expiration of the rental period. I release New Marque from any liability for such variation.
31. Payment of Charges, Joint and Several Liability All charges and expenses payable by me under this Agreement are due on demand by Just go. If I do not pay all charges when on time, I agree to pay interest at 1.5% per month above the base rate as publish by HSBC on the outstanding balance and any additional costs incurred by Just go, including reasonable legal fees to recover the outstanding money owed. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the customer pursuant to this Agreement.
32. Terminating the Agreement I acknowledge that New Marque 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 of any term of this Agreement;
b) I have obtained the Vehicle through fraud or misrepresentation;
c) Any statement, representation or warranty made by the customer in respect to himself or additional drivers is incorrect.
d) The Vehicle appears to be abandoned
e) The Vehicle is not returned on the agreed return date or New Marque reasonably believes that the Vehicle will not be returned on the agreed return date;
f) New Marque considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger. 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
33. Release and Indemnity of New Marque
a) Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release New Marque Motorhomes, 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 any New Marque premises or recovered or handled by New Marque.
b) Subject to any insurance arrangements agreed with New Marque, I hereby indemnify and shall keep indemnified New Marque, 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.
Any changes to this agreement must be in writing and must be signed on behalf of New Marque Motorhome and by me.
35. Force Majeure
We will make every effort to ensure that the reserved Motorhome is available for you at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Motorhome is not available our liability is limited to the refunds of all monies paid by you.
36. My Warranties
I warrant that all information supplied by me to New Marque in connection with this agreement is true.
37. Proper Law
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
38. Data Protection Act
The information that you have provided to New Marque Motorhomes will be used to fulfil this contract placed with us. We will not pass this information onto any other organisation outside this company other than to our insurer and Alan Boswell.
40. 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. New Marque reserves the right to add or amend the vehicle specifications and rental charges without prior notice. This agreement does not affect your statuary rights under civil law.