Terms of Use

 

motorhome hire ownerSarah Says…

“These are the Terms under which all happy users can make use of this website. I want everything to be clear and concise so everyone can enjoy a great experience. Yes they’re a bit lengthy to ensure that expectations and quality remains high for all”!

 

 

Website Terms of Use

Oxfordshire-motorhome-hire.co.uk is a portal to connect responsible hirers with enterprising people with motorhomes looking to fund their hobby. We are responsible for getting hirers together with motorhome owners, who then manage and are responsible for their own Standards of Service, Accounting, Vehicles and the Hire Contracts they enter into.

Definitions

In these Terms and Conditions:

Agreement” means the terms under which this website is utilised by Owners and Hirers.

Owner” means the person or people offering their motorhome for hire a Hire Contract

Hirer ” is the person/ people seeking motorhomes to hire via Our Website

Hire Contract” means the document provided by the Owner to the Hirer stating the exact terms and conditions both parties are entering into

Vehicle” means the Vehicle (or type of vehicle) that the Owner has agreed to supply to the Hirer under the terms of their Hire Contract.

Hire Period” means the time when the Hirer is in sole possession, of and responsible for, the Owners Vehicle under the Hire Contract

Us, We or Our” means Sarah and Charlie Packer trading as ‘Oxfordshire Motorhome Hire’

Booking Process” means the paperwork and administration process to facilitate the hire.

Owners Handbook” is the process and instruction document we supply to Owners

Standards” means the quality of service, vehicle and legal requirements, adherence to legislation incumbent on Owners under the Hire Contract

Hand-over” means the process of transferring the responsibility of the Vehicle between Owner and the Hirer, before and following the Hire Period.

Hire Schedule” means the agreed and written details of each Vehicle hire.

Online Presence” means www.oxfordshire-motorhome-hire.co.uk and any of the other online platforms we choose to employ to show-case Owners Vehicles

Enquiry” means the registering of interest by Hirers via telephone or online voluntarily provided for us to freely pass on to meet their requirements

 

  1. What We Provide

Owners

We strictly limit Our responsibility to providing  an online platform on which Hirers can register interest through making an Enquiry. It is every Owners responsibility to respond to the Enquiries they receive in a timely, friendly and professional manner.

Hirers

We are responsible in representing the Vehicles, equipment and service standards show-cased on the Website accurately and to the best of our knowledge using exclusively the information provided by Owners.

We will offer both Owner and Hirer the benefit of Our experience when requested. The specific Enquiries the Owner chooses to quote for; the Owner and Vehicle the Hirer chooses to enter a Hire Contract with, and ultimately the standard of Vehicle and Standards of service provided is solely each parties responsibility. The Enquiries passed on by us sourced via our Online Presence are not filtered, checked or otherwise evaluated and must be checked/evaluated and verified by Owners themselves for validity on receipt.

This means that Our responsibilities will be strictly limited to:

  1. Provide Owners with online marketing and customer exposure via Our Online Presence
  2. Provide owners with guidance to responsibilities and Standards when requested
  3. Develop and maintain Online Presence inc updates as requested (fee’s may be applicable)
  4. Timely deliverance of all Enquiries received via the Website direct to Owners email
  5. Provide assistance, guidance and at Our discretion an intermediary service in the event of disputes and disagreements between Owner and Hirer
  6. At Our discretion, hold final judgement on disputes between Hirer and Owner and deciding, if necessary, the appropriate repayments or compensation to be returned to Hirers where both party’s are happy to not pursue an alternative route of formal legal litigation.

We will always endeavour to be available via telephone or in person to assist either Hirer and/or Owner if required. Any such assistance and/or guidance is offered without obligation or liability and provided on a purely case-by-case basis.

  1. Limitations

In marketing a Vehicle we do not make any promises on the level of success or profitability of that Vehicle under a Hire Contract, nor promise to provide any guaranteed level of Enquiries or successfully completed Hire Periods to the Owner. Any subsequent agreement, discussions, contract service, arrangement or Hire Contract entered into between Owner and Hirer following  an Enquiry is solely between them and not in any way our concern or responsibility. All parties must utilise Our Online Presence and websites understanding the limitations of what they offer and enter into any subsequent transaction using their own calculations and judgement. We are not offering any endorsement or guarantees of any description to the suitability or legitimacy of any third party using Our Online Presence or other resources supplied by Us. We will not get involved in the policing or honouring of any Hire Contract entered into through an Enquiry, nor be held to supply any other services/arrangement of or services over and above those expressly stated within this Agreement.

If either Owner or Hirer feels that We have suggested some guarantee of performance or hold a responsibility or service that We have omitted from this Agreement; or consider that this Agreement does not for any reason accurately represent any extraneous discussions or representations held elsewhere then this Agreement must not be entered into.

This means that this Agreement outlines the entirety of Our arrangement with both Owner and Hirer and any further services that We agree to provide by separate negotiation, are strictly discretionary, not guaranteed and offered purely on a one-off basis.

We are strictly not responsible for policing the Standards offered by Owners during the Hire Period nor assessing the suitability, intentions actions or legitimacy of Hirers or any occurrences during the Booking or Hire Period, including but not limited to:

  1. The authenticity of Enquiries
  2. The validity of the information contained within each Enquiry
  3. The Hirer identity and intension to defraud
  4. The behaviour and actions of Hirer before, during and following the Hire Period
  5. The ability of the Owner to provide the Hirer with the agreed Vehicle on time
  6. Your Vehicles’ compliance with law including but not limited to
    1. Vehicle roadworthiness
    2. Vehicle Insurance provision
    3. Public Liability Insurance
    4. The serviceability of living accommodation including but not limited to:
      1. Habitation checks
      2. Gas Safe certification
  • PAT testing
  1. The standard, serviceability and cleanliness of the Vehicle
  2. The standard of customer service and the ‘Hand-over’ performed
  3. The accuracy of Vehicle and equipment’s description and/or suitability for Hirer
  4. Judging the motives, intentions or honesty of Owners and Hirers
  5. Legal advice/input of any kind
  6. Any legal claims or other financial encumbrances
  7. The number of hires, level of financial reward and/or profitability

 

  1. What Motorhome Owners provide

Owners take full responsibility in providing the promised equipment, Hand-over delivery and standard of customer service described in our Online Presence and in adherence to the Owners Handbook we supply. Owners will be the only ‘point-of-contact’ with hirers and are responsible for managing their own Booking Process and the act of providing customer service including: supplying the Vehicle and all associated equipment; carrying out Hand-over(s); providing necessary support and advice through the entire Hire Period. The Owners responsibility for customer service starts from receiving Enquiry through to final contact following the Hire Period. In the event of complaints or the necessity for deposit bond deductions, Owners will be responsible for negotiating an amicable settlement. In the event a settlement cannot be reached, We may be available to act as advisor/mediator/ adjudicator assuming neither party wishes to pursue formal legal recourse.

This means that it is the Owners responsibility to:

  1. Respond to all Enquiries in a timely, professional and friendly manner
  2. Diligently follow their Booking Process whether it is a framework we have provided or a system of their own design
  3. Manage, account and action all financial transactions
  4. Provide the highest standard of ‘meet and greet’ service to Hirers
  5. Complete all records and relevant information accurately
  6. Provide a clean, tidy and fully serviceable Vehicle and associated equipment and consumables agreed, on time and at the location stated in the Hire Schedule.
  7. Have in place all necessary and prudent legalities and insurances to protect both themselves and the Hirer during the Hire Period.
  8. Have the necessary paperwork prepared and on hand for the Hirer’s arrival at the time and location stated in the Hire Schedule.
  9. Check and take photocopies of Hirers proof of identity documents and driving licence paperwork/card.
  10. Comprehensively demonstrate and brief the Hirer on the full operation and safe-keeping of the Vehicle and its associated functions and equipment to a standard at which the Hirer feels confident to take over full responsibility.
  11. File and store paperwork as required
  12. Provide the Hirer with a contact telephone number on which assistance and help can be sourced to questions, queries or emergencies (within reasonable time and hours) during the Hire Period.
  13. Be available and fully prepared to meet and carry out full and comprehensive return Hand-over, complete paperwork at the time and location stated in the Hire Schedule.
  14. Endeavour to address any issues with the Hirer while they are present. Any further issues come across once the Hirer has left must be communicated to the Hirer as soon as is practicable possible
  15. Calculate fair remuneration and agreement for bond deductions from the Hirer.
  16. In the event of disputes, disagreements and claims during or subsequent to the Hire Period, it will be Owners responsibility to deal with fairly with the intention to reach an amicable conclusion. If an amicable arrangement cannot be reached then (assuming both party’s are happy to do so) We may act as advisor/mediator/adjudicators until settlement or either party wishes to pursue a more formal legal recourse – at which point We will act only as witnesses to the facts not as advocate to either party.

 

  1. Fees and Payment

We provide Hirers with a totally free point of contact with local private motorhome Owners seeking to offer their Vehicle out on a Hire Contract agreement.  All our owners pay straightforward and transparent fee’s to access the Enquiries we generate.

Set up Fee £87. We send Owners a copy of our Owners Handbook to guide them through what they need to do in order to offer a high quality seamless service. We also set up a new webpage and commence their subscription to enquiries. Set up is FREE when purchasing the Starter Package. Set up fee is payable before the Owners Handbook is sent and before their web page ‘goes live’. Access to Enquiries will only commence once Set up fee is paid in full.

Starter Package (optional)£199.  

For those completely new to the motorhome hire industry we offer a complete starter package which provides them with: a paperback book, a hard-copy Start up Guide and a CD packed with all the forms and marketing material they may need to get started.

Monthly Subscription. For providing vehicle Owners with the ongoing subscription service to all Enquiries we receive as laid out in [Section 1] requires a monthly fee (per calendar month) of £35 for 6 – 7 berth vehicles, £30 for 4 – 5 berth vehicles, £25 for 2 – 3 berth motorhomes and £20 for 2 – 4 berth campervans. Fee’s may be subject to change.

Fees are payable via Standing Order one month in arrears. This means payment is due on the first day of each month for enjoying unfiltered access to all enquiries generated by the website during the preceding month. This means Owners remain in control and Only Pay For Enquiries and Bookings They Have Already Received – Not For Promised Enquiries That May Never Come!

Cancelations

There is no ‘minimum period’ and Owners are free to cancel their monthly subscription at any time. Access to enquiries may paused and monthly payments will also be paused. Re-activation will be subject to a discretionary £10 re-listing fee to cover admin and IT costs. N.B. It should be noted that although the Motorhome Hire industry is heavily seasonal, the taking of enquiries and bookings is less so and spreads more evenly throughout the year. Not receiving enquiries during winter months will miss out on potential early spring/summer bookings.

Legal and Financial

Our Agreement asserts the total legal and financial separateness of Owner, Hirer and Us for litigation, reporting and taxation purposes. All financial and legal reporting responsibilities incumbent on either party other than financial transactions expressly stated in this Agreement are solely the responsibility of that party. UK residents are required by law to declare their income from the hire of motorhomes, whether privately or through an agency. It is each Owners responsibility to report their earnings.

  1. The ‘Hire Contract’ Terms and Conditions

It is the responsibility for each Owner to compose, issue and enforce their own terms and conditions. If using the terms and conditions template suggested through Our ‘Start-up Package’ then it is their responsibility to carefully check that they are fit for the purpose they intend to employ them. Any Hire Contract issued is exclusively between the Owner.

  1. Supplied Paperwork and Resources

 

Any forms of literature and documentation we supply in connection with the Motorhome Hire industry are done so as a guide and with the understanding that final responsibility of the validity and accuracy to the information and resources lies with the Owner.

 

  1. Selecting Hires

When requested, We may offer both Owners and Hirers the benefit of Our experience and knowledge in assessing, selection and pricing of potential Hire bookings. We will offer all guidance strictly on the basis of ‘what We would do’ but never offer an opinion on what ‘You should do’. We will never offer any unsolicited advice or deliberately provide or withhold relevant information with the intention of benefiting either Owner or the Hirer – either in subject to finance or risk of damage/loss. The full and final decision on each risk, suitability and level of reward on which Hires Owners choose to undertake and the Terms, Conditions and financial package under which they offer it, are entirely theirs to make.

Should any Hire Period not go as planned, leaving the Owner or Hirer in a financially or materially worse position; We will not be held in any way responsible.

  1. Service Standards

 

We take it very seriously that each and every Hire Period we refer is completed to the highest standard reasonably practicable and all parties are delighted with the outcome. This means we expect high attention to detail and level of planning from Owners to ensure that every Hirer enjoys a safe, reliable, clean and comfortable Vehicle to enjoy throughout the Hire Period.

Legalities

Although there is currently no specific governmental legislation or other governing bodies to oversee and regulate the motorhome hire industry, there is legislation that Owners will need to adhere to in regards to:

Roadworthiness of the Vehicle

  • Vehicle must at all times reach or exceed all the normal required Standards of safety and legislation in all the countries that it will be visiting.
  • At all times, in the UK, Vehicle must be fit to pass an MOT test – and if Vehicle is over three years old it must also hold a current MOT certificate.

Accommodation Standards

In the UK, the accommodation area is theoretically covered by the Landlord and Tenant Act, and this requires:

  1. A current ‘Gas Safe’ Certificate issued by a qualified person to demonstrate that all the gas appliances in Your accommodation area meet the current legal Standards.
  2. An operating Smoke/Carbon Monoxide Alarm.
  3. An annual ‘habitation check’ to ensure that Your Vehicle is both suitable and safe to hire out. This must be carried out by a qualified technician and covers items such as damp and fire-safety.
  4. All 240v electrical appliances that You provide with the Hire must be PAT tested for safety.
  5. Use best judgement to risk assess, manage and minimise the chances of accidents, claims etc.

The provision, monitoring and renewal of all moral, legal and legislative responsibilities required for the safe delivery of the service and are provided under the terms of a Hire Contract are solely the Owners responsibility. By accepting and entering into each individual Hire Contract the Owner will be confirming with the Hirer the existence and sturdiness of all such responsibilities incumbent on them. We in turn will assume that every Owner entering into a Hire Contract will have taken care of all such moral, legal and legislative requirements.

Serviceability/Reliability

All Vehicles must be maintained and serviced to a standard that will minimise the chances of break down or equipment failure during the Hire Period. Whether this servicing is carried out by the Owner or via a professional service centre is at the Owners discretion. However, the Vehicle must be as reliable as is reasonably practicable. Anything the Owner is aware of that is missing or otherwise unserviceable must be brought to the attention of the Hirer, and the Vehicle must never be allowed to leave for the Hire Period with a known safety critical fault.

Cleanliness

Each Vehicle must be presented at the commencement of each Hire Period with a high level of preparation and cleanliness. The specific Standards chosen to maintain are at the Owners discretion using their own best judgement.

Equipment

The Hirer will need to be provided with certain essentials required during the Hire Period. This should include; sufficient cutlery, crockery and other items for each person in the party at Owners discretion. The Hirer must be aware of the equipment provided, and the Owner must provide everything listed. The equipment provided must be checked prior to the hire to ensure it is all in full working order, and does not present a danger to the Hirer or their party – especially children!

The only items We do demand from all Owners for the passengers safety is:

  • First Aid Kit
  • Fire blanket
  • Fire extinguisher
  • Smoke/Carbon Monoxide Detector

 

 

  1. Travelling in Europe

Vehicles travelling into mainland Europe will require some extra equipment and paperwork

  1. Certificate of Hire (or the original registration document)
  2. A First aid kit
  3. Warning triangle
  4. Bulb and fuse kit
  5. High Vis vests for each traveller
  6. Breathalysers for each driver

 

  1. Insurance Provision

During the Hire Period it is the Owners responsibility to protect the Hirer by providing or checking all prudent insurances required are in place to keep them legal, safe and get them home in the event of incident or accident.

  1. Vehicle Insurance

How Owners choose to ensure Hirers are covered with a suitable insurance policy is entirely their discretion, but whatever cover chosen, must cover the Hirer comprehensively for all eventualities.  The original certificate(s) must be available for inspection, and a copy or ‘Certificate of Hire’ should be at all times kept on board the Vehicle.

  1. Breakdown Insurance

Breakdown insurance (cover) must be valid in all the areas (UK/EU) that the Hirer is travelling to during the Hire Period. It must be valid for the Vehicle whilst being used under a commercial Hire Contract, and must include provision to transport the Hirer and their whole party to their home/chosen destination in the event of becoming stranded.

  1. Public Liability Insurance

Owners should have current and valid Public Liability insurance to protect both themselves and the Hirer in the event of incidents/accidents during the Hire Period.

  1. Hand-over process

The Owner or whoever they nominate to carry-out the Hand-over must be familiar with the Vehicle and confident and competent in explaining its functions and limitations to the Hirer. The Hand-over must be carried out at the Hirers pace and continued until the Hirer is happy, covering everything contained in the Hand-over process. The Hirer must then sign to say they are fully competent to accept charge. If the Owner feels that for whatever reason they are not happy for the hire to go-ahead, they must address those concerns immediately with the Hirer or (in extreme cases) refuse permission for the Hirer to leave their premises.

During the Hand-over process Owners must carefully inspect the Vehicle and inventory along with the Hirer to record all existing damage and missing items. It is in everyone’s interest to take as much time and be as precise as possible, to make sure everyone is satisfied that the record is accurate, and agree if any further damage found on the return Hand-over – Who will be liable.

  1. Commitment and Unserviceability

Our Owners commit to honour each and every Hire Contract they enter into without withdrawing without very good reason. If however, for whatever reason, the Vehicle intended to be supplied, under the terms of the Hire Schedule, becomes unserviceable and cannot be made available to the Hirer as stated, then it will primarily be the Owners responsibility to source and fund a suitable and comparable replacement Vehicle..

  1. Complaints and right to cancel

If Owner or Hirer are not happy with the way We are operating, or the service that We are providing, please inform Us, as soon as possible so We can rectify the situation. We will always be as impartial as We are able in balancing the needs of both Owners and Hirers.

If We are not satisfied with the level of service any Owner is providing Hirers, or in the way they are working with Us, or We have good reason to believe that any Owner is not following the ‘spirit’ of this Agreement and misusing the resources supplied to them, We will where possible, in the first instance discuss the problem to seek mutual understanding. However, if We still have good reason to believe that the spirit, Standards or continuity of service does not meet the high Standards We expect – We reserve the right to cancel any arrangement with no notice whatsoever. All monies owed will be settled.

  1. Notices

Any notice required to be given under these Conditions should be sent by prepaid first class post or e-mail to the relevant party’s registered office or to its last known address.

  1. Severability

If any provision of these Conditions is held to be void, illegal or unenforceable under any enactment or rule of law such term or provision shall to that extent be deemed to not form part of these Conditions but all other provisions of these Conditions shall remain in full force and effect.

 

  1. Governing law

Our Agreement is governed by the laws of England and Wales. You agree that any dispute will be settled in the courts of England and Wales.