The Legal Stuff
WE HAVE A CONTRACT THAT WE REQUIRE ALL HIRERS TO SIGN. WE WILL HAVE A COPY OF THIS READY FOR WHEN YOU COLLECT THE LORRY, BUT JUST SO YOU KNOW WHAT TO EXPECT, THE TERMS AND CONDITIONS ARE BELOW.
Rose Horsebox Hire asks you to please read and sign a copy of these terms and conditions and keep a copy for yourself. Thank you.
1. Formation of the Contract
1.1 We are Rose Horsebox Hire, Garden Cottage, Little Coxwell, Faringdon, Oxfordshire, SN7 7LW. These terms shall apply to the hire of the horsebox and all services that we supply to you.
1.2 Our contract begins when you pay a deposit or the full hire cost. All bookings will be confirmed by email.
1.3 The contract shall be subject to your right of cancellation (see below)
1.4 We may change these terms without notice to you in relation to any future hire.
2. Description and price of the Hire Services
2.1 The description and price of the hire services will be in the email sent to you when you confirm your booking.
2.2 The horseboxes are subject to availability at the time of your order. If, after we have confirmed you order, the horsebox is not available, we shall inform you immediately. If that happens we will try our best to make available to you a replacement horsebox, subject to availability. If we cannot provide a replacement, a full refund will be given.
2.3 We try our best to make sure that prices shown in our quotation are accurate at the time you place your order. However, if a mistake has been made we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling. If you decide to cancel, we shall refund or re-credit you for any sum that has been paid by you.
3.1 Payment for the deposit can be by BACS or credit/debit card. The balance can be paid by BACS, credit/debit card or cash.
3.2 A deposit of £50 is required to secure the booking. The balance for the cost of the hire must be paid at least five days before collection or the start of the hire. The full hire fee is non-refundable if cancelled less than five days before your booked date. However, five days before your booked date you may re-book using monies already paid, otherwise the hire fee is non-refundable.
3.3 The horsebox will not be made available to you until we have received cleared funds on all sums due.
3.4 If the payment of any fees is not made in accordance with these terms we will consider the contract terminated and release the horsebox for hire to any other customer without liability to you.
4.1 The hire period will commence on the date on which the horsebox is to be collected by you as agreed on the email confirmation.
4.2 We will use all reasonable endeavours to have the horsebox available for collection on the date and time agreed on the confirmation email but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control.
4.3 Prior to the release of the horsebox, you need to provide us with the following forms of identification in respect of each proposed driver:
• Valid UK Drivers Licence - photo card
• Valid DVLA Code – to allow access to the online version of your licence
• Two letters for proof of address (utility bill, bank statement, council tax bill)
dated within last three months
• Or proof of Identity (Passport, other photographic ID)
• Drivers must be age 25 or over (those age 22 and above are covered but an
£800 excess applies in the event of an insurance claim). For drivers age 25 and
above an excess of £500 applies in the event of an insurance claim.
• Drivers must have no more than 6 points on their licence.
4.4 Notwithstanding payments made to us, the horsebox will not be made available to you until we are reasonably satisfied with your forms of identification. Photocopies will be taken and held on file for 12 months in accordance with Millins Self Drive Insurance policy.
5. Your right to cancel
5.1 Your booking fee is non-refundable if cancelled less than five days before the hire date. If more than five days before a hire, bookings and deposits already paid can be transferred to another date at no extra cost. Bookings cancelled less than five days before the hire date are non refundable.
5.2 Cancellations must be made in writing by email or Facebook message.
6. Our promise to you
6.1 The hire services will be performed by us with all reasonable skill and care and to a standard of quality that is reasonable for you to expect.
6.2 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written) misuse or alteration or repair of the horsebox without our prior approval.
6.3 Any complaints about the hire services should be made in writing at the address above.
6.4 During the hire contract:
6.5 No repairs or maintenance should be made without Rose Horsebox Hire authorisation.
6.6 In the event that the horsebox becomes temporarily un-roadworthy (other than as a result of accident damage, theft or vandalism) we will use our reasonable endeavours to make available a replacement vehicle and/or horsebox (not necessarily of the same type and age) for collection by you as soon as is practicable) after the receipt of notification from you requesting the same, subject to availability.
7. Your obligation to us
7.1 All drivers need to complete the Millins Self Drive Insurance questionnaire.
7.2 Drivers must be aged 25 or over. In the event of an insurance claim a £500 excess is required to be paid by the driver. For drivers aged 22 and above an insurance excess of £800 applies in the event of a claim.
7.3 Mileage is limited to 300 miles per day. Hirers should request authorisation from Rose Horsebox Hire for additional mileage.
7.4 During the hire contract, you agree to:
7.4.1 ensure that the horsebox is driven or otherwise operated and used in a safe and proper manner and for the purposes for which it was designed.
7.4.2 The fuel tank will be full when you collect the horsebox. We ask you to fill it back up to the top when you return the box. If you run out of time we can do that for you at an extra cost of £10 plus the fuel.
7.4.3 Indemnify us against all fines, penalties and liabilities payable by us by virtue of your use of the horsebox or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the horsebox.
7.4.4 Not take or allow the horsebox to be taken out of England, Wales, Ireland or Scotland.
7.4.5 Collect and return the horsebox to us at the times agreed.
7.4.6 Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part thereof not attempt or purport to do so.
7.4.7 Not remove or interfere with any identification marks or plates affixed to the horsebox.
7.4.8 The horsebox is not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law
7.4.9 Use all partitions and such other equipment for the sole transportation of equine animals.
7.4.10 Not carry more persons or equine animals than is recommended by the horsebox manufacturers and at all times comply with all load and weight restrictions. Should the horsebox be confiscated due to overloading all fines, charges and lost revenue will be charged to the hirer.
7.4.11 Bear the cost of the repair or rectification of any damage to the horsebox resulting from negligence, improper use or damage to the horsebox by you or any person who has used the horsebox during the hire contract
7.4.12 Keep the horsebox adequately secured at all times (including any outdoor lockers).
7.4.13 In the event of theft, the client expressly agrees to pay the Company on demand fair market value of replacing the vehicle, administration fees plus loss of revenue should the client fail to remove the immobiliser, secure the vehicle or misplace the keys which results in the vehicle being stolen. If the vehicle is stolen the client must report the vehicle stolen immediately to the company and the police and obtain a crime reference number.
7.5 For the avoidance of doubt any and all animals transported in the horsebox shall be carried at your risk and if you wish to insurance the animals for travel it is the hirer's responsibility to do so. Rose Horsebox Hire self drive insurance covers the vehicle but not the horses being transported.
8.1 We may, upon any breach by you of any of the provisions of this hire contract by notice in writing terminate this contract and upon that happening this contract and the hiring constituted by it shall determine and you will no longer be in possession of the horsebox with our consent and subject to our right to take possession of the horsebox and to recover from you our recoverable losses and to any pre-existing liabilities to us, neither party shall have any rights against the other.
8.2 Any expenses incurred by us in repossessing the horsebox or in recovering possession of the horsebox on default of delivery by you under these terms will be reimbursed by you to us on demand.
9.1 The horsebox shall at all times remain the property of Rose Horsebox Hire and you shall have no rights to the horsebox other than as hirer. You will not do or permit or cause to be done any matter or thing whereby our rights in respect of the horsebox are or may be prejudicially affected.
10. Return of the horsebox
10.1 On termination of the hire you shall no longer be in possession of the horsebox with our consent and shall (unless we otherwise agree) return the horsebox to us at our premises in good clean order and working condition and at your expense and risk.
10.2 Unless we otherwise agree in writing, the return of the horsebox shall be made by you returning it at our premises on or prior to the date agreed for the expiry of hire as agreed on the hire form.
10.3 Please make sure that you return the horsebox on or before the date and time as provided for in the booking email and hirer form and in accordance with these terms.
10.4 In the event that you do not return the horsebox on time and in accordance with these terms:
10.4.1 an extra payment charge of £20 will immediately become payable to us for each hour between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £180): and
10.4.2 you shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against us and arising from your failure to return the horsebox in accordance with these terms.
10.5 You are hereby liable to pay all charges due immediately either by BACS or credit / debit card.
10.6 There is no discount or refund if the horsebox is returned early.
10.7 The horsebox must be returned in the same state as the start of the hire with the fuel tank full. If you are not able to top the fuel back up Rose Horsebox Hire can do that at a cost of £10 plus the cost of the fuel.
11.1 The horsebox is insured under a fully comprehensive policy against loss or damage to 80% of its replacement value (with an excess payable by the hirer of £500) for the period of your hire.
11.2 Use of the horsebox is restricted to England, Wales and Scotland.
11.3 Only those persons named as drivers on the insurance form which you will need to complete and sign before the hire begins are allowed to drive the horsebox.
11.4 Please note that the use horsebox beyond the agreed period of hire is not covered by the above insurance policy and you hereby agree to indemnify us against all claims liability damages losses costs and expenses including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising from your failure to return the horsebox on time and in accordance with these terms.
11.5 You are responsible for insuring and keeping insured all personal goods and possessions that do not belong to us at the commencement of hire.
11.6 In no event shall we be responsible to you for any loss or damage to personal goods or possessions equine animals and other animals and you hereby agree to indemnify us against any loss, damage or injury to the vehicle and/or horsebox (and any of its contents) (except for any caused by our own negligence) in so far as it is not covered by a policy of insurance.
11.7 You shall not use or allow the horsebox to be used for any purpose not permitted by the terms of the above policies of insurance, or do, or allow to be done any act or thing whereby such insurance may be invalidated.
11.8 In case of accident, you shall, make sure that:-
(a) You will notify us of the accident and in any event immediately after the accident.
(b) The driver of the vehicle must complete and deliver to us the relevant accident report within 24 hours after the accident.
(c) No admission of liability is to be made to any person in relation to such accident.
(d) Any writ or summons or other document relating to any proceedings arising out of such accident is forthwith delivered to us.
(e) All assistance is rendered to us and our insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing committing such proceedings to be brought by us in the name of you and defending any proceedings brought against us.
(f) You shall forthwith upon demand fully and effectually indemnify us against all losses, liabilities, costs, actions, claims or demands which we may incur or have brought or made against us in relation to the horse box or its use and which are not recoverable under the policy of insurance.
(g) The names and addresses of all witnesses thereto are collected and given to us.
12. Overseas travel
12.1 Rose Horsebox Hire is unable to allow our horsebox to be taken to any jurisdiction outside England, Wales, Ireland and Scotland.
13. Our Liability to you
13.1 We make no promises, whether express or implied, in relation to the accuracy of information supplied by us and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
13.2 Nothing in these terms shall restrict our liability to you for:
(a) death or personal injury caused by our negligence
(b)Liability for defective products under the Consumer Protection Act 1987
(c) fraudulent misrepresentation
13.3 In no event shall we be liable to you for any damages, including any lost profits or prize funds, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the hire services even if we have been advised of the possibility of such damages.
13.4 Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry comprehensive insurance cover
13.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the hire services if the delay or failure was due to your breach of these terms or any cause beyond our reasonable control. For example, matters beyond our reasonable control would include
(but would not be limited to):
a. your failure to provide us with payment when properly due in respect of the hire service in accordance with these terms
b. your failing to have valid and appropriate licence consents, permissions, membership and any other qualifications required for the use of the vehicle and/or horsebox c. your providing us with incorrect or incomplete information.
13.6 In no event shall we be liable to you for any additional and/or consequential losses, expenses or costs incurred as a result of your agreeing to accept a replacement horsebox in accordance with these terms. For example this would include (but would not be limited to) matters such as additional ferry charges or road tolls arising from a larger horsebox being hired.
13.7 You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the hire services on an economic basis without such limitations.
14. Data Protection
14.1 We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorised access to information supplied by you.
14.2 We shall only use the information you provide about yourself for the purpose of fulfilling your order.
15.1 We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms upon notification to you.
Should you have any questions concerning these terms you may contact Rose Horsebox Hire at the address, phone number or e-mail address shown on covering correspondence.
SIGNED (HIRER) …….…………………………………...........................................
PRINT NAME ………………………………………….............................
DATE ………………………… ……………………………….......................