‘I’, ‘me’, ‘my’, ‘you’, ‘yours’, ‘yourself’ and ‘hirer’ refers jointly and severally to the person or persons who are the Customers.
‘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.
‘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
‘Booking’ the confirmed reservation of a motorhome hire and includes the payment of the Booking deposit and/ or full balance for the rental.
‘Booking Deposit’ means the monetary amount required to confirm the motorhome Booking.
‘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 the following; TV, DVD player & aerial, Radio/USB stereo, oven, crockery, cutlery & cooking utensils.
‘Security Deposit’ Means the amount held as security by New Marque Motorhomes in relation to this hire.
‘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.
2. Hire rates quoted include:
– Unlimited mileage
– UK standard Vehicle insurance*
– UK standard equipment & breakdown**
All prices quoted in the Agreement are gross prices.
*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 Customer.
**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 a motorhome etc, will be the responsibility of the client.
3. Minimum Hire
This ranges from 3 to 7 nights depending on the season. New Marque Motorhomes reserves the right to increase the minimum hire period for certain events.
A Booking is only binding after it has been confirmed by New Marque Motorhomes and a part payment of 25% of the total hire cost has been received. Our terms and conditions including cancellation policy apply from this point onwards Once the Booking is confirmed, a confirmation email will be sent out to the client. Settlement of the remaining balance will be due six weeks prior to departure. New Marque Motorhomes reserves the right to cancel the Booking if payment is not received six weeks prior to departure. Payment is accepted by credit card (Visa or MasterCard only), debit cards or bank transfers, we cannot accept cash payments.
For late Bookings (less than six weeks before departure) the full rental price is payable on Booking. Vehicles will not be released without full payment being completed. New Marque Motorhomes reserves the right to increase the Booking deposit for certain events or promotions.
New Marque Motorhomes cannot be held responsible for the cancellation of an event or overnight accommodation for which you have hired the vehicle for. In this instance our standard cancellation fees apply, see below.
6. Cancellation charges
• More than 6 weeks before: 25% of total hire cost or Booking Deposit (whichever is greater)
• 6 weeks – No Show: 100% of total hire charge
A ‘No Show’ is deemed as the Customer not presenting themselves on the first day of the Rental Period to collect their motorhome and not communicating to New Marque Motorhomes prior to this date that they will be collecting the Vehicle on an alternative date/time within the booked Rental Period. Should the hire be deemed a No Show, the Booking will be automatically cancelled at close of business that day and the Vehicle will be released for rehire. No refunds whatsoever will be due.
New Marque Motorhomes cannot postpone or transfer money from one hire to another. New Marque Motorhomes reserves the right to amend our cancellation policy for certain events.
7. Covid-19 Cancellation Policy
A no quibble refund on your Booking or postponement less a GB£25.00 admin fee. Covid policy applies if the UK government imposes restrictions that cause the following:
UK government guidance causes closure of the New Marque Motorhomes depot on the date when your collection is due to take place.
UK government guidance advises a full UK-wide lockdown resulting in a full ban on all non-essential travel over the dates you are due to hire
UK government guidance advises a lockdown in your home area resulting in a ban on all non-essential travel over the dates you are due to hire
• Points on licence (UK licences only): GB£2.00 per point, per night. Convictions with the following codes may not get cover AC, BA, CD, DD, DR, MS, TT, UT and IN. Please check with New Marque Motorhomes if you wish to insure a driver who has any of these endorsement codes on their licence even if you think they have expired
• Collision Damage Waiver (CDW):
GB£130.00 1-5 Nights
GB£200.00 6+ nights
(terms apply, please see section 28, ‘Collision Damage Waiver’ for further details)
For extras that are charged on a nightly basis the maximum charge term is 21 nights. All extras are subject to availability.
9. European travel
For those travelling within Europe there is an additional charge of GB£15.00 per night 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. Maximum charge term for European cover is 21 nights.
The following Countries are covered by the European Travel Insurance:
Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Switzerland (including Liechtenstein), Sweden.
Travel outside of the 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 you do not go outside of these countries.
10. Ireland Travel
For those travelling within Ireland there is an additional charge of GB£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. Maximum charge term for Ireland cover is 21 nights.
11. Car Parking facilities
New Marque Motorhomes does allow Customers to leave their Vehicles at their own risk onsite for the duration of their motorhome hire as long as:
• they do so at their own risk; New Marque Motorhomes cannot and will not be held liable for any damage caused to their Vehicle whilst on site
• the Customer locks and secures their Vehicle and removes any personal items on show
• the Customer retains custody of their Vehicles keys
12. Motorhome Collection & Return
Collection:. All drivers need to be present on collection of the motorhome and must bring their full valid licence and credit or debit card for Security Deposit. Please see section 26, ‘Drivers’ for further details.
Note: New Marque Motorhomes will make every effort to have your motorhome ready for the allocated collection time you have selected however New Marque Motorhomes cannot guarantee that your Vehicle 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 motorhome will still be required to be returned in accordance with the details set out below.
Return: The Vehicle must be returned on the correct date and before the time stated on the rental agreement. Hirer will be liable for the full Security Deposit amount should they abandon the Vehicle without agreement from New Marque Motorhomes – please allow 1 hour for the hand-over at the depot. Vehicles must be returned undamaged, with a full tank of diesel, AdBlue and gas. The waste water and toilet cassette must be emptied prior to return and the interior clean, in the same conditions as when the motorhome left the depot otherwise a charge will be made for additional valeting and/or upholstery cleaning if required. In addition, a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return. Please see section 16 ‘Rental and other charges’ for further details. Please note that there are no toilet emptying facilities at New Marque Motorhomes’ depot so this must be emptied prior to return.
Lost property: It is the hirers responsibility to make sure that upon return of the motorhome all of their personal possessions & rubbish are removed from the Vehicle. The Vehicle may be going back out again on hire that same day, New Marque Motorhomes cannot be held responsible should an item be left on board. New Marque Motorhomes will do our utmost to contact the hirer if items are handed in, these items will only be stored for 2 weeks before disposal/charity.
Late return: If you will be late returning, New Marque Motorhomes must be advised immediately. Failure to do so may result in a prosecution for driving whilst uninsured. An additional charge of GB£100.00 per hour will also be payable for all late returns.
13. Motorhome Systems
New Marque Motorhomes will carry out a full Pre-Checkout Inspection (PCI) on every motorhome before the commencement of your 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 Motorhomes will make every effort to remedy the fault whilst you are away but in some circumstances this may not be possible and New Marque Motorhomes 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. New Marque Motorhomes cannot be held responsible for any consequential events, losses or costs arising out of the failure of any items/system on board the motorhome. In the case of winter hire, New Marque Motorhomes cannot and will not be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the hirer.
14. Vehicle acceptance
• You acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Motorhome Handover Checklist and with a full diesel tank, full AdBlue tank, full LPG gas bottle and full fresh water tank
• You acknowledge that New Marque Motorhomes will not refund to you any monies if the Vehicle is returned or you cease to have use of the Vehicle or an item of equipment on the Vehicle prior to the return date for any reason e.g. Accident, weather, theft or damage
15. Change of Vehicle
New Marque Motorhomes reserves the right, at its absolute discretion, to substitute a comparable 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 This Agreement.
Should the Customer decide to change the motorhome that they have booked, subject to availability New Marque Motorhomes will try to accommodate the request where possible. Should there be an increase in the daily rental cost, the client will be liable for the increased premium in line with section 4, ‘payment’ terms. Should the daily rental cost be lower, the original booked price will stand and no refund will be given. Should New Marque Motorhomes not be able to accommodate the request and the Customers decides to cancel the Booking, New Marque Motorhomes cancellation terms shall apply, see section 6, ‘cancellation charges’ for more details.
16. Rental and Other Charges
You will pay New Marque Motorhomes:
a) All rental charges
b) The Security Deposit
c) Administration fee of GB£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 GB£150.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle
f) The nominated refilling fee should any of the Diesel, AdBlue and or the LPG tanks not be returned completely full are:
• ¾ to full = GB£75.00
• ½ to ¾ full = GB£90.00
• ¼ to ½ full = GB£120.00
• empty to ¼ full = GB£140.00
• GB£40.00 regardless of level
• GB£25.00 regardless of level
g) The Late fee of GB£100.00 per hour should the Vehicle be returned after the agreed time as stated on the rental agreement
h) The nominated cancellation fee as per the cancellation policy 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) The insurance excess should there be damage involving third party property or the theft of the Vehicle. This applies in respect of each claim, not hire.
k) All government fees and duties etc
l) All parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period
m) Any other fees or charges payable by you pursuant to This Agreement. This includes any costs incurred by New Marque Motorhomes as a result of any breach by you of the terms of This Agreement
n) Demurrage; the nightly rental rate for the period the Vehicle is off fleet; e.g. for accident repairs
o) Any additional costs over and above the Security Deposit value should damages exceed the Security Deposit value
p) The cost to recover a Vehicle
q) In the case of gross negligence New Marque Motorhomes reserves the right to recover full costs in order to return the motorhome to the state in which it was handed over.
17. Errors in Rental Charges
Total charges as set out therein are not final. You agree to pay any shortfall in charges to New Marque Motorhomes and you will receive a refund for any overcharge acknowledged by New Marque Motorhomes.
18. Security Deposit
There is a refundable GB£750.00 Security Deposit payable by credit card or debit card. The card should be in the lead drivers name and the amount will be debited from your account immediately. Prepaid currency cards cannot be accepted. New Marque Motorhomes 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. Cheque payments are not accepted against the Security Deposit.
a) On taking delivery of the Vehicle, you agree to pay the Security Deposit
b) You irrevocably authorise New Marque Motorhomes to deduct from the Security Deposit any amounts due by you to New Marque Motorhomes arising out of This Agreement
c) The Security Deposit will be refunded within 7 working days by our bank once the Vehicle has been returned to the depot as per the criteria set out in section 12, ‘Motorhome collection and return’ and as long as there are no outstanding insurance claims.
d) Should any damages or costs 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 being notified of the cost.
Note: Where the hirer has opted for the CDW option and has complied with its terms stated below (clause 28), 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 whatsoever to equipment, fixtures and fittings, windows, valeting or upholstery fees, refuelling costs or negligent damage to the Vehicle including damage over 6ft. 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 7 days of returning the motorhome.
19. Use of the Vehicle
You agree that during the Rental Period, you 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 you to New Marque Motorhomes
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. Aged 76 or over
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
20. Road Restrictions
a) All Vehicles may only be driven on sealed / bitumen roads
b) You acknowledge that New Marque Motorhomes 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
21. Alterations to the Vehicle
You shall not make any alterations or additions to the Vehicle without the prior written consent of New Marque Motorhomes
22. Title to Vehicle
You acknowledge that New Marque Motorhomes retains title to the Vehicle and its contents and that you possess the goods as a mere bailee only. You do not have any right to pledge New Marque Motorhomes’ credit in connection with the Vehicle 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.
All New Marque Motorhomes motorhomes are non-smoking Vehicles which includes the use of vapes & e-cigarette. New Marque Motorhomes reserves the right to impose additional Valeting and or Upholstery cleaning fees and charge demurrage should smoke be detected in the motorhome.
New Marque Motorhomes 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. Here listed are the numbers of people, including the driver that each motorhome can legally carry: 2 berth = 2 passengers, 4 berth = 4 passengers, 5 berth = 5 passengers, 6 berth = 6 passengers. Carrying more than the specified number of passengers is against the law and in breach of This Agreement. Children up to 12 years of age or 135cm in height, whichever they reach first, must use the correct child restraints appropriate for their weight/height under UK law.
New Marque Motorhomes authorises pet(s) to be taken on board if:
• prior written consent has been obtained from New Marque Motorhomes
• an increased Security Deposit is paid (see section: 18, ‘Security Deposit’)
• they are not left in the Vehicle unattended
• they are not allowed on any of the soft furnishings or upholstery (this includes the beds, seats/sofas)
• the Vehicle is returned in a clean and tidy condition as if a pet was never present. Should this not be the case, or any pet hairs are found, cleaning charges and upholstery cleaning charges will apply. The minimum charge for this is GB£100.00
• you agree to cover the cost of all damage caused by a pet, even if it exceeds the Security Deposit (see section 16, ‘Rental and other charges’ for further details)
• Age limits:
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 Motorhomes & their insurer. New Marque Motorhomes must be notified at the time of Booking should any driver be over the age of 70. Additional information will need to be provided and cover is not guaranteed. CDW is not offered to Bookings with any driver(s) over the age of 70
• Maximum of 3 drivers per rental.
• All drivers must have held a valid licence for more than 3 years that entitles them to drive a UK category B Vehicle up to 3500kg GMW
• The driver must be able to demonstrate that they have driven on a regular basis (More than 3 times per week) for at least 3 years and feel confident to drive a Vehicle of the dimensions of our largest motorhome 7.5m long 2.4m wide and 3.2m high
• Drivers holding only an automatic driving licence can only hire our auto models and this must be declared at the time of Booking
• All drivers must be present at checkout of the Motorhome. No exceptions can be made
• Production of a full, valid standard driver’s licence,
• Copies will be taken of all identification presented and will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
• If you have a photocard GB licence we require the photocard and your NI (National Insurance) number to check your licence details on the DVLA’s online system. We are unable to insure you if we have not DVLA checked your licence details
• If you have a modern Northern Ireland licence, we require both the photocard and the paper counterpart
• Your licence address must be your current home address, if not, then in addition to this we will require either a utility bill or bank statement which has your name and current address listed
• All drivers whose licences are issued outside of the EU or Commonwealth are required to supply a valid International driving permit alongside your standard licence at the start of hire. This must be issued in the country your standard licence was issued and must confirm you are able to drive a UK category B Vehicle up to 3500kg GMW. Should any driver fail to present all the correct documentation and identification on collection of the motorhome or do not meet the driver requirements stated in the terms and conditions, then New Marque Motorhomes will be unable to release the motorhome and no refunds will be given
• Endorsements on license: you must declare at the time of Booking if there are any endorsements on your licence. New Marque Motorhomes can accept up to 3 speeding points that occurred within the last 3 years (charges apply). For more than 3 points or for any conviction other than for speeding, including, but not limited to the following codes: AC, BA, CD, DD, DR, IN, LC, MS, UT, MR and TT or for any driver disqualification within the last 5 years New Marque Motorhomes may not be able to get cover. No refund will be given if the hire is cancelled because we are unable to insure you to drive.
• Insurance claims: You must declare at the time of Booking if you have made or had Vehicle insurance claim made against you within the last 5 years. New Marque Motorhomes may not be able to get cover should you have had 2 or more claims within the last 3 years
• Driver occupations: you must declare your occupation on collection of the Vehicle. New Marque Motorhomes may not be able to offer cover for the following occupations:
Serving Foreign Armed services personal
Embassy employees based in the UK
Students under the age of 30
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.
• Drivers are personally liable for all legal penalties (e.g.: parking tickets, congestion charges, speeding fines) which are incurred during the period of hire
• New Marque Motorhomes is unable to insure any driver with no fixed abode
27. Insurance (provided all the personal information supplied is correct)
To obtain insurance cover we require proof of address documents which include your driving licence, a utility bill and one other approved document such as a bank or credit card statement. Hire cannot commence without the appropriate proof of address documentation.
The Vehicle is insured for theft and 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, reported incident or Vehicle theft. 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. In the event of the theft of the Vehicle, the hirer will be liable for the full cost of the Vehicle; once a theft has been reported to both New Marque Motorhomes and the police, a claim will be lodged with the insurer. The keys must be returned to New Marque Motorhomes. Should the insurer accept the claim and agrees to reimburse New Marque Motorhomes for the cost of the Vehicle, the liability to the hirer will reduce to the first GB£750.00 of the claim (excess). Please note: if the keys are not returned to New Marque Motorhomes, the insurer will not accept the claim and liability for the full cost of the Vehicle will remain with the hirer.
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 damage deemed as gross negligence, or any internal damages therefore the hirer accepts full 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 28, ‘Collision Damage Waiver (CDW)’ for further details.
New Marque Motorhomes will be responsible should damage to personal possessions or bodily injury occur (including death) as a result of proven gross negligence on New Marque Motorhomes ’s part i.e., our actions or failure to act. New Marque Motorhomes will not be responsible for any loss which is a side effect of the main loss e.g., loss of profits or opportunity. This is separate from the Vehicle insurance provided.
28. Collision Damage Waiver (CDW)
Collision Damage Waiver will reduce the GB£750.00 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. This also protects the excess should a third party damage the vehicle (as ‘[none-fault claims on a hire vehicle still lose of the excess). 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, any damage deemed as malicious i.e., Vehicle break in or vandalism, cover the replacement or repair of windows or cover the theft of the Vehicle. No insurance cover is offered for Overhead Damage, any damaged deemed as gross negligence or any internal damages therefore full liability will apply. This applies in respect of the first incident and / or claim, not the entire duration of the rental. Once an accident has occurred CDW cannot be restarted and standard insurance terms will apply. The incident must be reported to New Marque Motorhomes within 24 hours otherwise the CDW cover will not be applicable. Maximum charge term for CDW 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.
29. Vehicle Damage – Insurance Cover
You are 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) You will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is GB£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 CDW cover. Terms apply; (please see section 28,‘Collision Damage Waiver (CDW)’). If CDW was accepted by the hirer, it is set out under the ‘Insurance Declaration’ on the Rental Agreement and an additional premium must have been paid
e) You will not have any insurance cover and you will be responsible for the total cost of any damage if you breach any of the terms of This Agreement
f) You will be responsible for any damage caused through gross negligence and will not be covered by the insurance including CDW
30. Responsibility when accident occurs
a) In the event of any accident, loss or damage arising out of the use of the Vehicle, you will:
i. Notify New Marque Motorhomes 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 Motorhomes in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence
b) You acknowledge that the excess or other amount due by you 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) You 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 any claim is settled
a) You shall take all reasonable steps to properly maintain the Vehicle, including checking oil, coolant and AdBlue levels, tyre pressures and batteries.
b) You are aware that the Vehicle will be supplied with a full tank of diesel, AdBlue and a full tank of gas and that it is your responsibility to replenish these throughout your hire and return these all-full otherwise charges will apply. New Marque Motorhomes will not be held responsible should you run out of any of these during your hire
c) You acknowledge that New Marque Motorhomes will reimburse you for expenditure up to GB£40.00 reasonably incurred in rectifying any mechanical failure to the drivetrain and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD equipment, provided that:
i. You produce relevant receipts: and
ii. You have received the prior consent of New Marque Motorhomes
iii. The damage is not due to my fault or my breach of This Agreement
d) Subject to the terms of This Agreement, you will pay for the cost of repairing or replacing tyres damaged during the Rental Period. New Marque Motorhomes will reimburse you for expenditure reasonably incurred if:
i. The tyre is defective and is returned by you to New Marque Motorhomes for inspection; and
ii. You produce relevant receipts; and
iii. The manufacturer accepts liability under his warranty
iv. CDW was taken out
e) You will be liable for any costs associated with allowing the engine oil, coolants or AdBlue to run empty and cause damage to the Vehicle’s engine
f) You will be liable for any costs associated with the incorrect use of fuel. All New Marque Motorhomes motorhomes run on DIESEL
g) If diesel is put into the fresh water tank. A surcharge of GB£1,200.00 is payable to replace the system
32. Credit and Debit Card Payment
Visa card and MasterCard credit cards only. All debit cards accepted. Prepaid currency cards are accepted for payments but not for the Security Deposit.
a) New Marque Motorhomes will accept payment by credit cards approved by New Marque Motorhomes
b) When payment is paid by credit, debit or prepaid currency card, you agree that:
i. New Marque Motorhomes 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 you pursuant to This Agreement, including but not limited to those outlined in section 16, ‘Rental and other charges’
ii. You will not dispute your liability to New Marque Motorhomes for any amount due under This Agreement and you shall indemnify and keep New Marque Motorhomes indemnified against any loss incurred (including legal costs) by reason of notifying your credit or debit card issuer of such dispute
iii. New Marque Motorhomes may process the credit or debit card voucher; in the event that New Marque Motorhomes elects to accept payment of the Security Deposit by holding an open security payment, which will be cancelled 7 days after the completion of the Rental Period, as per section 18, ‘Security Deposit’, you agree that New Marque Motorhomes is entitled to recover payment from your credit or debit card issuer pursuant to clause 32, 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) You 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 your credit or debit card and the amount refunded within 7 days after the expiration of the Rental Period. You release New Marque Motorhomes from any liability for such variation
33. Payment of Charges, Joint and Several Liability
All charges and expenses payable by you under This Agreement are due on demand by New Marque Motorhomes. If you do not pay all charges on time, you agree to pay interest at 1.5% per month above the base rate as published by HSBC on the outstanding balance and any additional costs incurred by New Marque Motorhomes, including reasonable legal fees to recover the outstanding money owed. When the Customer comprises more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to This Agreement.
34. Terminating the Agreement
You acknowledge that New Marque Motorhomes may terminate This Agreement and repossess the Vehicle at any time, without notification to me, and that you will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
a) You are in breach of any term of This Agreement
b) You have obtained the Vehicle through fraud or misrepresentation
c) Any statement, representation or warranty made by you in respect to yourself 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 Motorhomes reasonably believes that the Vehicle will not be returned on the agreed return date
f) New Marque Motorhomes considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger. You understand that in the event of such termination or repossession, you have no right to a refund of any part of the rental charges or the Security Deposit
35. Release and Indemnity of New Marque Motorhomes
a) Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, you release New Marque Motorhomes, its employees and agents, from any liability to you (regardless of who is at fault) for any loss or damage incurred by you 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 Motorhomes premises or recovered or handled by New Marque Motorhomes
b) Subject to any insurance arrangements agreed with New Marque Motorhomes, you hereby indemnify and shall keep indemnified New Marque Motorhomes, 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 Motorhomes and by you.
37. Force Majeure
New Marque Motorhomes 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.
38. My Warranties
You warrant that all information supplied by you to New Marque Motorhomes in connection with This Agreement is true.
39. Proper Law
This Agreement shall be governed by the law of Great Britain in which This Agreement was signed.
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 Motorhomes reserves the right to add or amend the Vehicle specifications and rental charges without prior notice. This Agreement does not affect your statutory rights under civil law.