BIG SKY CAMPERS RENTAL AGREEMENT

TERMS AND CONDITIONS OF RENTAL

 

This agreement is between Big Sky Campers (the Rental Firm) and the Hirer(s).  Big Sky Campers is a trading name of Edinburgh Campervans Limited, registered in Scotland, Company No. SC564965.

The Hirer(s) refers jointly and severally to the person or persons who are named on the booking and have signed this agreement. Any person intending to drive the rental vehicle must be named on the booking and sign this agreement. Only those persons named on the booking and signing this agreement are authorised to drive the rental vehicle. 

If the Hirer(s) allow an unauthorised driver to drive the campervan, this shall constitute a breach of the terms and conditions of the rental. The Hirer(s) shall be liable for all damage or loss caused by an unauthorised driver. Drivers who have not been authorised to drive will not be insured to do so and therefore will be driving illegally according to UK law and therefore liable for prosecution.  Such unauthorised drivers will be responsible for the repair or replacement of the campervan and its contents in full, and the cost of repairs to any 3rd party property/persons they damage.  This is regardless of the cost of such repairs or replacements.  No person is allowed to drive the campervan without the permission of the hirer.

The Hirer(s) must show their original driving licences to the Rental Firm at the time of vehicle collection. Copies of licences are not accepted. The keeper of the vehicle is the Hirer for the agreed rental period. The Hirer(s) shall be responsible for the actions of any person driving the vehicle to the same extent as their own actions. If there is more than one Hirer, they shall be jointly and severally liable. 

By signing this Rental Agreement you, the Hirer(s), agree that you  have read, understood and  accepted the Terms and Conditions of rental 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. 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. 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:

Rental vehicle/van/campervan – The rental vehicle hired to you under this agreement, including any replacement vehicle.

Rental Firm/We/Us/Our – Big Sky Campers and Edinburgh Campervans Limited or any representative of that company

Hirer/You/Your  – The person or persons named as drivers in the booking 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, or directly with us via email or telephone. 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 at the time of 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

Should the campervan you booked 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. 

Cancellation

In the event of a cancellation the following applies:

  1. Cancellations between the time of confirmed reservation and 30 days before the rental period: the booking deposit is forfeited.
  2. Cancellations between 30 and 15 days of start of the rental period: a fee of 50% of the balance of the payable hire charge will be incurred.
  3. Cancellations within 14 days or less of the start of the rental period commences: 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. If, after 6 months, you have not rebooked for a date within 12 months of the original hire start date, the booking deposit is forfeited.

Legitimate use of the campervan during the rental period

The Hirer(s) agree that during the rental period, he/she/they 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 unauthorised 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 authorised 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(s) also agree that during the rental period:

He/she/they will always use the campervan in a responsible manner and be responsible for the cost of making good any damage caused to the vehicle by improper use.

Any damage to the interior of the vehicle or equipment will be charged to the Hirer in all cases.

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.

Dogs

The hirer is welcome to bring a dog with them for their holiday at no extra charge.  There are certain conditions that must be met:

  1. Only one dog per campervan unless with the prior agreement of the Rental Firm
  2. Your dog must be kept off the vehicles’ upholstery at all times
  3. Dogs must be transported in a safe and secure way at all times, using either a cage or a purpose made seat belt extension
  4. Dogs must not be left unattended in the campervan at any time
  5. The hirer is responsible for returning the campervan clean and with no evidence of a dog having been in it
  6. Any damage caused by a dog will be charged to the hirer in full
  7. The hirer must supply their own bed and towels for their dog
  8. The towels and bedding supplied by the Rental Firm must never be used to dry/clean a dog or for it to sleep on

 We can supply seatbelt extensions, bowls and a spike to secure a dog lead at a campsite: all at no extra charge.  Please ask for these things in advance or your booking.

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 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 days 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 authorised by the Hirer prior to the work being undertaken. We cannot accept liability for any costs arising from an 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.

Loss or Damage

You acknowledge that you will be responsible for any loss or damage to the vehicle, its documents, parts, contents or accessories arising during the rental period. Loss or damage to the vehicle includes damage caused to the vehicle from its improper use. This includes, but is not limited to, damage to the vehicle engine through driving too fast or on unsuitable terrain, ignoring any warning lights that display during your hire period. 

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, contents 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 bottles & Batteries

Gas bottles 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.

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 it at the end of your holiday.  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. or the contents included with the campervan. The campervan and all its contents and equipment must be returned in the same condition that it was at the beginning of the Hire period with no damage to it, its contents or any third party property.  

The Hirer(s) irrevocably authorises Big Sky Campers to deduct from the security deposit any additional amounts due to Big Sky Campers arising out of this agreement.  The Hirer(s) hereby agrees to pay all charges outlined in this agreement upon request. The following charges apply:

Cleaning

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.   You will be supplied with cleaning materials for this purpose. Failure to ensure the campervan is clean inside when returned will result in a charge of £100.   

If bringing your dog, you are responsible for returning the campervan clean and with no evidence of a dog having been in it. The towels and bedding supplied by the Rental Firm must never be used to dry/clean a dog or for it to sleep on. Any damage caused by a dog will be charged to the hirer in full. 

Fuel

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.

Parking fines and other road charges or driving penalties

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.

Loss or Damage to the vehicle or its contents

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 damage or staining, will be charged for at cost plus an administration charge of £25.

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 to hire 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 early return of the vehicle.

In the event that we believe we have grounds for a  claim against the security deposit, we reserve the right to retain the security deposit for such time as is necessary to accurately determine the amount of charges  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 has 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 the  card used to make the booking 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 to this agreement  gives us permission to deduct all charges from your card following the issue of an invoice. If for any reason we have not retained  your card information then you agree 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:

  1. Hirers must be between 21 and 75 years of age unless otherwise agreed by the Insurer.
  2. Hirers must hold a full UK/EU/US/Australasian driving licence, which has been valid for a minimum of 24 months.
  3. 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.
  4. Persons who have had their licence revoked by DVLA due to medical grounds or convictions may not hire the vehicle.
  5. 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.
  6. Persons who, whilst driving, have been involved in more than one accident during the past 3 years require special agreement with the Insurer.
  7. 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.
  8. 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. 
  9. The Insured shall be considered as  being 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.
  10. 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.
  11. All persons intending to drive during the hire period must be present at the hand over 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 that 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 licence:

  • Driving Licence number
  • DVLA licence check code (UK License only)
  • Postcode

You will need to bring your driving licence photocard, your DVLA licence 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 included equipment. We will also need you to complete the paperwork, pay the security deposit and you will also need time to load your luggage into the campervan.

When returning the campervan you must allow at least 30 minutes for us to inspect the van for damages/losses and for you to unpack your luggage from the campervan. 

Release and Indemnity of Big Sky Campers/Edinburgh Campervans Ltd

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.