The Hirer’s attention is drawn in particular to the provisions of clause 13
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Camper: means the vehicle under hire as described under the heading “Vehicle Details” in the Rental Agreement and includes tyres, tools, accessories, equipment and any other fittings or documents relating to the vehicle or any replacement or substitute vehicle supplied by the Supplier
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 16.6.
Contract: the contract between the Supplier and the Hirer for the hire of the Camper in accordance with these Conditions and the Rental Agreement.
Deposit: the sum of £150 to be paid at the time of booking.
Designated Driver: if different from the Hirer, the person named as such in the Rental Agreement.
Hire Period: the term of the rental as set out in the Rental Agreement.
Hirer: the person or firm who hires the Camper from the Supplier.
Force Majeure Event: has the meaning given in clause 14.
Price: the price for the rental as set out in the Rental Agreement.
Rental Agreement: means the agreement signed by the Hirer on collection of the Camper.
Security Deposit: the sum of £500 to be paid on collection of the Camper.
Supplier: Dunrunnin Limited (registered in Northern Ireland with company number NI609212).
1.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes.
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Contract constitutes the entire agreement between the parties. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract or Rental Agreement. Any advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s website are published for the sole purpose of giving an approximate idea of the Camper described in them. They shall not form part of the Contract or any other contract between the Supplier and the Hirer for the hire of the Camper.
3.1 The Hirer shall pay the Deposit at the time of booking on the website or by telephone either by credit or debit card. This is non-refundable save as set out in clause 11.
3.2 The Security Deposit is to be paid by credit card on collection of the Camper to cover insurance excess, security deposit and cleaning deposit.
3.3 The Camper will not be released to the Hirer without the full Price and the Security Deposit being paid on collection of the Camper.
4.1 The Hirer or the Designated Driver must be aged between 25-75 years for rental of the Camper.
4.2 The Hirer or the Designated Driver must hold a valid full driving licence for at least 24 months.
4.3 The Hirer or the Designated Driver must not have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or penalty points imposed. Parking and not more than 2 speeding offences in the past 3 years can be ignored. Spent convictions covered by the Rehabilitation of Offenders Act 1974 can be disregarded.
4.4 The Hirer or the Designated Driver are personally liable for all legal penalties during the Hire Period.
5. HIRE PERIOD
5.1 Minimum rental is a minimum of 3 days for the Camper.
5.2 Hire periods run from Friday to Monday, Monday to Friday or Friday to Friday depending on the length of hire.
5.3 Collection is strictly from 3pm although earlier collection times can be arranged with prior agreement with the Supplier.
5.4 Drop-off is strictly by 11am, charges will apply for unapproved late returns at a rate of £50 per hour or part thereof. Please note that the Camper is only insured to be driven by the Hirer until 11am on day of drop-off unless otherwise agreed in advance.
5.5 Collection and drop-off will be to the Supplier’s place of business.
6. PRICE AND PAYMENT
6.1 The Price of the Camper shall be the price as set out on the website and as detailed in the Rental Agreement.
6.2 The Hirer shall pay the Price in full 6 weeks prior to the commencement of the Hire Period.
6.3 The Price includes:
(a) A starter food kit;
(b) All bed linen, kitchen equipment, utensils and crockery;
(c) Outdoor table and chairs;
(d) Fully comprehensive insurance for UK and Republic of Ireland for the Hirer or the Designated Driver;
(e) AA Cover for UK and Republic of Ireland
6.4 The Supplier will be responsible for the fixing of any mechanical faults of the Camper and the Hirer will be responsible for any faults arising through operator error.
6.5 The Hirer will be responsible for ensuring that oil and water levels in the Camper are maintained during the period of Hire.
7. INSURANCE CONDITIONS
7.1 In order to comply with the Supplier’s conditions of insurance the Hirer warrants and represents to the Supplier as follows;
(a) That the Hirer does not have any mental or physical defect or infirmity or suffers from fits, diabetes or any heart complaint;
(b) That the Hirer has not had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance or cover cancelled by any motor insurer;
(c) That the Hirer is not wholly or partly engaged in professional entertainment or is not a professional sports person;
(d) That the Hirer is not a jockey or connected with racing of any sort;
(e) That the Hirer has not been involved in more than one accident during the past 3 years; and
(f) That the Hirer is not Foreign Service Personnel other than persons born in the United Kingdom.
8. SECURITY DEPOSIT
8.1 The Security Deposit is a refundable deposit and covers both any insurance excess that may be payable and the proper return of the Camper in the same condition as it was let out to the Hirer.
8.2 The Security Deposit will be debited from the Hirer’s credit card at the time of collection of the Camper and is fully refundable within 7 days of return of the Camper save that:
(a) The Security Deposit will be used to pay for any loss or damage whatsoever to equipment, fixtures, fittings, windows, tyres or damage to the Camper;
(b) The Hirer agrees to indemnify and keep indemnified the Supplier for any and all additional costs over and above the amount of the Security Deposit should any loss or damage exceed the Security Deposit paid. Any excess shall be paid by the Hirer to the Supplier within 7 days of being notified of same by the Supplier.
8.3 The Supplier reserves the right to increase the Security Deposit for specific events including but not limited to music festivals.
8.4 A cleaning fee of £50 will be charged against the Security Deposit if the Camper is not returned with the interior in a clean condition.
8.5 If supplied, an additional fee of £50 will be charged against the Security Deposit if the toilet is not emptied prior to the return of the Camper
9. MOTORING VIOLATIONS
9.1 The Hirer or the Designated Driver (as the case may be) will be personally responsible for any legal penalties or fees incurred relating to any traffic or motoring offences applicable in Northern Ireland or the Republic of Ireland during the Hire Period.
9.2 The Supplier will notify the Hirer or the Designated Driver (as the case may be) of any traffic or motoring offences which are presented to it for the relevant Hire Period.
10. HIRER’S OBLIGATIONS
10.1 During the Hire Period, the Hirer agrees that:
(a) The Camper shall be driven in a prudent and careful manner and shall not be used in a manner which would cause damage;
(b) The Camper shall not be driven under the influence of alcohol or drugs;
(c) He will abide by all applicable Road Traffic legislation in Ireland or Northern Ireland from time to time;
(d) He shall abide by the terms of the Contract and the Rental Agreement and any special conditions as applied by the Insurer;
(e) The Camper shall not be used for any illegal or immoral purpose;
(f) He will not leave the ignition keys in the Camper whilst it is unoccupied;
(g) The Camper shall not be used to carry any inflammable or otherwise dangerous materials or substances;
(h) The Camper shall not be used to carry passengers or property for hire or reward; and
(i) No smoking is allowed in the Camper or any awning/tent supplied.
(j) No bbq equipment should be used in or close to any awning/tent supplied.
11. CANCELLATION BY SUPPLIER
11.1 The Supplier reserves the right to cancel a reservation at any time prior to or on the date of collection in the event that:
(a) A valid driving licence or proof of address is not produced in accordance with the Supplier’s or its insurer’s conditions;
(b) The Hirer is unable to provide the Security Deposit;
(c) A Force Majeure event occurs;
(d) The Camper is or becomes unoperational; or
(e) At the Supplier’s discretion, acting reasonably.
11.2 In the event that a cancellation occurs pursuant to clauses 11.1(a), (b) or (e) or the Hirer cancels the booking, the Supplier is entitled to retain the Deposit paid by the Hirer on booking and any other sums paid by the Hirer subject to clause
11.3 In the event that a cancellation occurs pursuant to clauses 11.1(c) or (d) the Supplier will return the Deposit paid by the Hirer on booking.
11.4 In the event of cancellation the Supplier will not be responsible for any further compensation to the Hirer in relation to any other arrangements booked by the Hirer. It is recommended that the Hirer take out holiday insurance at the time of booking.
12. CANCELLATION BY HIRER
12.1 In the event of cancellation by the Hirer the following cancellation charges will apply:
(a) 4 weeks prior to commencement of Hire Period: 100% of the Price will be payable by the Hirer to the Supplier;
(b) 6 weeks prior to commencement of Hire Period: 50% of the Price will be payable by the Hirer to the Supplier;
(c) More than 6 weeks prior to commencement of Hire Period, the booking deposit is payable by the Hirer to the Supplier.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation.
13.2 Subject to clause 13.1:
(a) the Supplier shall not be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from the Supplier’s deliberate personal repudiatory breach of the Contract or a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors); and
(b) the Supplier’s total liability to the Hirer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by the Supplier’s deliberate personal repudiatory breach or a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors shall not exceed the Price.
14. FORCE MAJEURE
The Supplier shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond the Supplier’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
15. RETURN OF CAMPER
15.1 On return of the Camper the Camper will be checked by the Supplier in the presence of the Hirer and any obvious damage will be notified immediately to the Hirer. The cost of repair of the damage will be notified to the Hirer as soon as reasonably practicable thereafter and such cost will be at the Supplier’s discretion, acting reasonably. The Supplier will reclaim such cost against the Security Deposit and the Hirer will be responsible for any excess payable over and above the Security Deposit.
15.2 The Camper must be returned by the Hirer with a full tank of petrol, failure to do so will result in a charge to the Hirer.
16.1 Assignment and subcontracting.
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Hirer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier or fax.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.2(a); if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
16.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
16.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
16.6 Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Hirer.
16.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Northern Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Northern Ireland.