Big Sky Campers Rental Agreement
TERMS AND CONDITIONS
This agreement is between Big Sky Campers and the person/persons intending to drive the vehicle. Big Sky Campers is a trading name of Edinburgh Campervans Limited, registered in Scotland, Company No. SC564965.
By signing these Terms and Conditions you the Hirer agree that you have read, understood and accept this document and that you will comply with them. We permit you to use the campervan according to the terms of this rental agreement only. Big Sky Campers hires the campervan (including any replacement vehicle) to you subject to the rental agreement which incorporates these Terms and Conditions and the information and conditions contained on the booking form that you completed and signed on paper. In entering into this rental agreement, you accept these Terms and Conditions and confirm that you will strictly comply with them. The rights and obligations contained in these Terms and Conditions govern your use of our campervan and are not transferable by you. You acknowledge that the campervan is owned by Edinburgh Campervans Limited and that any attempted transfer or sub-letting of the campervan by anyone other than us is prohibited and a criminal offence. Please read this agreement carefully and if you are unsure or do not understand something then please let us know and we will be happy to help you.
Throughout the Terms and Conditions, except where otherwise stated, the following definitions apply:
The van/camper van – The Volkswagen Campervan hired to you under this agreement, including any replacement vehicle.
We/Us/Our – Big Sky Campers and Edinburgh Campervans Limited or any representative of that company
Hirer/You – The person or persons booking the campervan and signing this agreement
Security Deposit – This means the sum of £1000.00 (or more if required by the insurer)
Booking Deposit – This means the sum of £200.00
Booking
The campervan must be booked online, via our website, and a non-refundable booking deposit of £200.00 paid at the time of booking. If the £200.00 deposit is not paid within 24 hours of the booking having been made the booking will be automatically cancelled, unless there is prior agreement with Big Sky Campers. This contract does not have effect until the £200.00 deposit has been paid. A confirmation of booking will be emailed to you in respect of the booking details of the hire. The balance of the hire charge (full charge less deposit) is due 30 days before the start of the rental period. Vehicles will not be released without cleared payment received in full. A security deposit of £1000.00 is payable (via pre-authentication with a credit/debit card or bank transfer) on collection, or prior to collection, of the van.
For late bookings (less than 30 days before the hire start date) the full price is payable on booking. All payments and deposits are to be made in pound sterling and one or both must be made by one of the drivers.
Availability of Van
The maximum hire period is 90 days with no exceptions except with prior permission of the hire company.
Should the campervan not be available due to unforeseen events, we reserve the right to offer an alternative campervan and, if a substitute is not available, our liability is limited to a full refund of monies received by us. There will be no other liability to you. All rights are reserved to refuse any hire under any circumstance. No refunds are payable on accommodation or vehicles not being available where a Hirer changes, cancels or seeks to vary the agreement after departure. The company takes no responsibility for any detention, delay, loss, damage or injury that a Hirer might experience no matter how it is caused. You acknowledge that you will be responsible for any loss or damage to the vehicle, its documents, parts or accessories arising during the rental. If you cause damage to the vehicle engine through driving too fast over too long a period of time, and ignoring any warning lights, you will be liable for any repairs required.
Cancellation
In the event of a cancellation the following applies:
- Cancellations between the time of confirmed reservation and 30 days before the rental period: the booking deposit is forfeited.
- Cancellations between 30 and 15 days before the start of the rental period: a fee of 50% of the balance of the payable hire charge will be incurred.
- Cancellations within 14 days or less of the start of the rental period: 100% of the total hire charges are forfeited.
If you change your booking date we will honour booking deposits for a period of 6 months from receipt, after which time the booking deposit is forfeited.
Security Deposit
The security deposit is processed on an authentication basis, so no money changes hands unless there is reason to make a charge against at the end of your holiday. The vehicle must be returned in the condition in which it left our premises (with the interior clean, including all cooking utensils and appliances) and subject to a satisfactory inspection by us. This deposit is to cover the possibility of damage (whether negligent, willful, accidental or otherwise) or loss to the campervan or the fixtures and fittings therein or the living equipment and windows, wheels, tyres etc. included with the campervan. The campervan and all its equipment must be returned in good condition, with no damage to it, its contents or any third party property.
The hirer irrevocably authorises Big Sky Campers to deduct from the security deposit and additional amounts due to Big Sky Campers arising out of this agreement. You irrevocably agree to pay all charges upon request.
The fuel tank will be full on collection and must be returned to us full. An administration charge of £25, plus the cost of filling the tank will be deducted from your security deposit if the van is returned without a full fuel tank.
All parking fines, congestion charges and any other costs will be deducted from your security deposit.
We reserve the right to make reasonable charges for our time incurred and the administration costs involved in processing any fines and/or penalties. At present our administration charge for processing any fines and/or penalties is £25.
Should there be any damage or requirement for any repair, replacement or special cleaning, the costs will be deducted from the security deposit.
Any bedding or towels not returned with the campervan, or rendered unusable due to staining, will be charged for at cost plus an administration charge of £25.
All hirers should acquaint themselves with the tariff of charges for small losses and damages to the campervans before leaving our depot.
In the event that there is a claim we reserve the right to retain the security deposit for such a period as is necessary to quantify the charges which are to be deducted from the deposit.
The security deposit will be used towards funding any loss or damage whatsoever to the campervan, equipment, fixtures and fittings as well as payment for the insurance excess.
Where the security deposit is insufficient to cover the costs, you will be responsible for any additional amounts if the insurance company have cause not to accept any claim made to them. These will be invoiced as appropriate and you authorise us to deduct any sums due from your card in respect of such amount. Where charges are incurred which result in your security deposit being debited, we will provide you with an itemised invoice detailing the charges incurred by you. Your signature below gives us permission to deduct all charges from your card following the issue of an invoice. If for any reason we are not holding your card information then you agree you to pay all charges upon presentation of the invoice.
Insurance
Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that the vehicle is covered by Fully Comprehensive Insurance during the full rental period. The Insured shall verify the identity and permanent address of the Hirer and any other permitted driver with their Driving License, another photo ID and two proofs of address, each between 60 and 90 days old. The following conditions apply:
- Hirers must be between 21 and 79 years of age for the hire of a VW Transporter campervan, and between 23 and 75 years of age for a VW Crafter campervan, unless otherwise agreed by the Insurer.
- Hirers must hold a full UK/EU/US/Australasian/Canadian driving license, which has been valid for a minimum of 24 months.
- Hirers must inform us if they have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle within the last 3 years. A maximum of two speeding offences in the past 3 years, resulting in no more than 6 penalty points in total, will be accepted by the Insurer. Parking offences do not apply, and spent convictions under the Rehabilitation of Offenders Act 1974 may be disregarded.
- Persons who have had their license revoked by DVLA due to medical grounds or convictions may not hire the vehicle.
- Persons who have 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 may only be insured by special agreement with the Insurer.
- Persons who, whilst driving, have been involved in more than one accident during the past 3 years require special agreement with the Insurer.
- The insured vehicle shall be driven only by the Hirer or other permitted driver who has completed and signed a Hirer’s Proposal Form immediately prior to any hiring.
- The Insurer’s form of proposal for Hirer Drive, or as otherwise may be specifically agreed, shall be completed and signed by each Hirer and any other permitted driver. The proposal must be fully completed by the Hirer and other permitted drivers in all respects.
- The Insured shall be considered as the agent for the Hirer or other permitted driver for all purposes in connection with this insurance, but under no circumstances shall the Insured be considered as agent for the Insurers.
- The Insured vehicle shall not be used for the carriage of goods of an explosive, dangerous or hazardous nature or for the carriage of goods or passengers for hire and reward or any other form of profit or remuneration.
- All persons intending to drive during the hire period must be present at the handover of the campervan, with no exceptions possible.
Personal Travel Insurance
Insurance is only for the vehicle and equipment that belongs to the vehicle. It is the Hirer’s responsibility to provide their own insurance to cover personal items and belongings and personal injury in the event of an accident.
Collection and Return
Unless by prior agreement, collection and return will be to our address at Port of Rosyth.
Collection: not earlier than 2.00pm
Return: not later than 11.00am
Please let us know what time you intend to arrive, and if for any reason you are running late, please contact us as soon as possible. Unless by prior agreement, the collection and return times must be adhered to and any changes to these times are solely at the discretion of Big Sky Campers.
Please ensure that you send us beforehand via email, or bring with you, the following details so we can check your driving license:
- Driving License number
- DVLA license check code (UK License only)
- Postcode
You will need to bring your driving license photocard, your DVLA license check code another photo ID and two other proof of address such as a utility bill, no less than 90 days old. Failure to do so will forfeit your hire and no refund will be given.
When you arrive to collect your campervan, please ensure you allow at least 30 minutes for us to show you around it, how to drive the campervan, and how to operate the equipment included. We will also need you to complete the paperwork, pay the security deposit if you have not done so in advance, and you will need time to load your luggage into the campervan.
Vehicles must be returned clean inside, and any equipment must be in the same condition as it was when it left. Failure to ensure the campervan is clean inside when returned will result in a charge of £100. You will be supplied with cleaning materials for this purpose. You must give yourself at least 30 minutes for us to inspect the van for damage/losses and for you to unpack your luggage from the campervan. The fuel tank will be full on collection and must be returned to us full. An administration charge of £25, plus the cost of the missing fuel will be deducted from your security deposit if the van is returned with missing fuel.
Late Return
If a campervan is returned later than the agreed time, without our prior agreement, we reserve the right to make a charge of £50 per hour. Please remember that you will also be affecting the holiday of the next person hiring your campervan. Should the late return of the campervan make us liable for extra costs, we reserve the right to pass on these costs to you. Charges and costs for late return will be deducted from your security deposit. By signing this agreement, you agree to us making such deductions. Should the late return be due to an accident you will be liable for any revenue lost due to the van being unavailable for hire. No refund is given for the early return of the vehicle.
Do’s and Don’ts
The Hirer agrees that during the rental period, he/she will not and will not allow the vehicle to be:
Driven otherwise than in a cautious, prudent and normal manner
Used in a manner which could cause damage
Driven in a prohibited area
Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law
Parked is an unsuitable, dangerous or unauthorized location
Left unlocked while it is unoccupied
Left with the ignition key in the vehicle while it is unoccupied
Driven by any person who is not authorized to do so under the terms of this agreement
Damaged by: Submersion in water or direct contact with salt water
Used for any illegal purpose or for any race, rally or contest
Used to tow any vehicle or trailer
Used to carry passengers or property for hire or reward
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.
Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material
Otherwise used in breach of any obligations under this agreement
The Hirer agrees that during the rental period, he/she will:
Be responsible for the cost of making good any damage caused to the vehicle by improper use.
Understand that any damage to the interior of the vehicle or equipment will be charged to the Hirer in all cases.
Always use the campervan in a responsible manner.
Understand that Big Sky Campers is not liable to you or any authorised driver or passenger for loss of or damage to property left in the vehicle either during or after the hire period, unless such loss or damage results from our negligence or breach of this rental agreement. Your property is left in the vehicle entirely at your own risk.
Seat Belts, Booster and Baby Seats
You must carry only as many passengers as there are seat belts in the van. You are legally responsible for obtaining and using a child or baby seat. The fitting of any such equipment is the sole responsibility of you, and we can accept no liability whatsoever.
Responsibility When Accidents, Theft, Vandalism or Need for Recovery Occurs
In the event of an accident or of any damage to the campervan, you must contact Big Sky Campers as soon as it is safe to do so. Unless there is an adequate reason for you not to do so, failure to contact Big Sky Campers after an incident will result in your entire security deposit being forfeited.
You must, where possible:
Report any traffic accident involving the van to the police (and us) immediately and report loss, damage or theft involving the van to the police (and us) within 24 hours of the incident or discovery of the incident.
Take the names and addresses of everyone involved, including witnesses, car registration numbers, together with all the details of the accident, time, place, how it came about, damage to vehicles etc. If you have a camera, take photos of the scene.
Please do not move the vehicle before the police arrive unless it is in a vulnerable or dangerous location.
Do not make any admission of liability to other parties, settlement offer or other like offer.
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. You will need to return the damaged vehicle to the Hirer at your own cost, through an agreed Breakdown service.
We will not refund the hire charge for any day you lose use of the vehicle due to an accident, theft or vandalism. We cannot accept liability for any costs arising from accident, theft or vandalism e.g. replacement vehicle costs, travel, accommodation or phone calls.
In the event of theft, you must return the keys to us where possible.
You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings, providing evidence and attending court if necessary, arising out of any loss of or damage to the vehicle.
Note: if the campervan requires recovery as a result of your actions and not as a result of mechanical failure, you will be held responsible for the full cost of the recovery and any resulting costs incurred.
Breakdown & Maintenance
In the event of breakdown, recovery or repair services will be provided. Our campervan has full breakdown cover but if you incur any minor repair bills we will refund up to £100 upon production of a valid receipt on the completion of your hire. Repairs costing in excess of £100 must first be authorized by the Hirer prior to the work being undertaken. We cannot accept liability for any costs arising from accident, breakdown or any other cause. Our liability extends to either replacing your campervan with a similar one or refunding your hire charge for any days you lose the total use of the vehicle. If you have broken down, you must remain at a safe distance from the vehicle until the Recovery Vehicle arrives. You must not abandon the vehicle at the roadside if you wish to continue your journey with another form of transport. You must hand over the keys to the Recovery Vehicle Driver.
Damage and Loss
You will be liable to us for all losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories while on rental if this damage, loss or theft involves deception of the Hirer or another party, or as a result of the keys remaining in the vehicle whilst it is unoccupied, or was caused intentionally by you or your party.
Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the vehicle unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or breach of this rental agreement.
Smoking
It is illegal to smoke inside our van. You will be liable for any damage caused to the van or its contents through smoking. A fine of £150 will be incurred by you if there is evidence of you having smoked in the campervan.
Spare Keys
In the event that keys are lost or damaged you will be liable for the costs of obtaining a replacement.
Gas & Batteries
Gas and batteries are provided as part of the vehicle hire. If you need to purchase gas during your hire period, the cost will be refunded to you on your return on production of a receipt from the place of purchase.
Release and Indemnity of Big Sky Campers/Edinburgh Campervans
Subject to our obligation to supply the vehicle in good condition, you release Edinburgh Campervans Limited and its staff from any liability (regardless of who is at fault) for any loss or damage incurred by reason of this agreement, including but not limited to:
Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose.
Any loss or damage to any property left in or on the vehicle, in any service vehicle or on our premises or recovered or handled by us.
Any loss or damage to your vehicle whilst left in our warehouse over the duration of your hire period.
Subject to any insurance arrangements agreed with us, you hereby indemnify and shall keep indemnified Edinburgh Campervans Limited and its staff against any claims, demands and expenses (including legal cost) incurred or sustained by you or any of your passengers by reason of your use and/or possession of the Vehicle.
The 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.
Data Protection
When you make your booking, we will collect personal information such as your name, email address, home address, telephone number, credit or debit card number, security code and the card’s expiry date. This allows us to book the vehicle and insurance for you. We may use the information that we collect to occasionally notify you about news and information. We will never reveal your personal information to any third party other than our insurance company, unless required to by law. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post.
Termination of the Agreement
You acknowledge that Big Sky Campers may terminate this agreement and repossess the vehicle at any time, without notification to you, and that you will pay the reasonable costs of repossessing the vehicle, including towing charges if:
You are in breach of any term of this agreement
You have obtained the Vehicle through fraud or any other misrepresentation
The Vehicle appears to be abandoned
The Vehicle is not returned on the agreed return date, or we reasonably believe that the Vehicle will not be returned on the agreed return date
We consider on reasonable grounds that the safety of passengers or the condition of the Vehicle is endangered.
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.
Finally
We ask that you exercise caution at all times in the use of the campervan and its equipment, following all instructions given by us. Please do not hesitate to contact us if you are unsure about how to operate anything or just would like some advice. We cannot be held responsible for any customer negligence where instructions have not been followed, or where unauthorized equipment has been used.