TONBRIDGE HORSEBOX HIRE HIRER AGREEMENT
The Horsebox may only be hired to the hirer should they agree to the following terms and conditions and confirm they will abide by them.
1: The Driver
1a - No one other than the named hirer or another named driver named in this hire agreement may drive the Horsebox.
1b - The Horsebox may only be driven by persons aged between 22-75 years old unless there is prior agreement from the insurance company.
1c - Each named driver must hold a valid up to date drivers licence for 3 consecutive years prior to the pick up date of the horsebox.
1d -Every driver must have completed the Driver Profile before driving the Horsebox.
1e - You and any other driver of the Horsebox must not:
-Use the Horsebox for hire or reward
-Use the Horsebox for any illegal purpose;
-Use the Horsebox for either racing, pace making, testing the Horsebox‘s reliability and speed and or teaching someone to drive.
-Use the Horsebox whilst under the influence of alcohol and/or drugs; or -drive the Horsebox outside England, Scotland and Wales, unless you have requested this in your booking request and there has been prior agreement.
2. Responsibilities of the hirer
2a - You must look after the Horsebox and the keys. The Horsebox should be locked securely at all times when unattended, ensuring that you use the security devices fitted to the Horsebox. You must keep the keys with you at all time.
2b -You must protect the Horsebox against any adverse weather conditions, which may cause damage to the Horsebox.
2c - You must ensure that you use the correct fuel for the Horsebox, which is pump diesel
2d - You must not sell, rent or dispose of the Horsebox or any of its parts, fixtures, fittings or items belonging to the horsebox and Tonbridge Horsebox Hire
2e -You must not grant to anyone legal rights over the Horsebox.
2f- You must not let anyone work on the Horsebox without the permission of Tonbridge Horsebox Hire. You will only receive a refund if you have a valid VAT receipt for the work and the works carried out have been authorised by Tonbridge Horsebox Hire.
2g - You must let Tonbridge Horsebox Hire know as soon as you become aware of any fault with the Horsebox.
2h -You must return the Horsebox to the return point on the return date. Until the Horsebox is safely returned to Tonbridge Horsebox Hire you will remain responsible for the horsebox. Tonbridge Horsebox Hire must inspect the horsebox before it is handed back to them so that the they can ensure that they are satisfied with the condition in which it has been returned.
2i - You are responsible for any loss or damage to the Horsebox caused by negligence, misuse or otherwise, whether or not such loss or damage was caused by you.
2j -You must complete a Return Report with Tonbridge Horsebox Hire to identify the state of repair of the horsebox and any damage upon return. Any points as to the state of repair on which you disagree must be clearly identified. In the absence of such identification, you will be deemed to accept the content of the Return Report in its entirety.
2k. You will be responsible for paying for costs of repair of any interior or exterior damage or loss to the horsebox or its equipment. This will be taken out of the pre-authorised deposit required to be given to Tonbridge Horsebox Hire prior to the hire.
2l - Before returning the horsebox you must ensure you have not left any personal belongings in the horsebox. Tonbridge Horsebox Hire is under no obligation to return any such belongings left by you or responsible for any loss of belongings.
2m - The horsebox is not designed to carry more than 3 people. It is the hirer responsibility to ensure no extra people travel in the horsebox.
2n - You must comply with the legal load and weight regulations. You can only be sure you are not over weight by using a weighbridge, Tonbridge Horsebox Hire is not responsible for overloading. Should the horsebox be confiscated due to overloading all fines, charges & lost revenue will be charged to the hirer. Please ask for the payload of the horsebox you are hiring.
2o - It is the sole responsibility of the hirer to ensure that horses travel with passports.
3 Rental Damage Deposit
3a - A refundable Rental Damage Deposit of £500 is payable in advance by the hirer for any damage or loss caused to the horsebox or its equipment.
3b - The condition of the horsebox upon its return will be compared against the condition of the horsebox upon its pickup
3c - Provided the Horsebox is returned to the return point on the return date in the same condition as at the pick up date with a clean interior (including horse and groom area) and there are no other extra charges, the Rental Damage Deposit will be refunded within 72 hours of the date upon which the horsebox is returned. If the damage deposit is a Pre-Auth then the bank will release it in 7-10 days.
3d - Should the horsebox be returned in a worse condition as at the pickup date, then repairs, replacement or cleaning costs will be charged against the Rental Damage Deposit. This may be up to and including the full £500, which is at the discretion of Tonbridge Horsebox Hire however the damage is caused, examples include by horse or other people.
3e - This paragraph is without prejudice to the rights of Tonbridge Horsebox Hire to recover from you, whether under these Terms or otherwise, any sums due in excess of the Rental Damage Deposit for damage or loss howsoever caused to the horsebox during the Rental Term.
3f - The hirer is responsible for paying any and all fines and costs (including court costs) incurred for parking, traffic, congestion charges or other offences, (including any costs which arise if the horsebox is clamped). You must pay to the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay any costs and reasonable administration charges incurred by Tonbridge Horsebox Hire in dealing with these matters. Any fines incurred and not apparent until a later date will be forwarded to the hirer (such as speeding tickets)
3g - You are liable for any charges arising from HMRC or Immigration Authorities seizing the Horsebox, together with a loss of income charge for the full period during which Tonbridge Horsebox Hire cannot rent out the horsebox as a consequence.
3h - The hirer must pay the Daily Rate for every day or part day for which you fail to return the horsebox to the return point.
3l - You are liable to pay the Insurance Policy Excess of £500 (£700 for under 25’s) per incident if costs of repairs are expected to exceed this amount.
4 Insurance
4a - Insurance of the horsebox is for the period from the Pickup Date and time to the Return Date and time as stated in the Motor Rental Agreement is arranged through the Tonbridge Horsebox Hire
4b - The cost of the Insurance is included within the Rental Payment.
4c - Full details of the Insurance are available from Tonbridge Horsebox Hire
4d - Tonbridge Horsebox Hire reserves the right to take action against you to recover the full cost of all loss, repairs and damage suffered by the Horsebox during the Rental Term, which are not covered by Insurance.
4e - The hirer shall be liable for the first £500 of each and any claim(s) made under the Insurance, such sums to be deducted from the Rental Damage Deposit and if insufficient paid by you within 7 days of written demand.
5 Theft
5a - You are entirely responsible for the security of the horsebox. You must ensure that, if the Horsebox is left unattended at any time, it is securely locked and parked in a safe, well-lit location. You must take every precaution to prevent loss from or theft of the horsebox.
6 Fuel, Oil and Water
6a - A full tank of fuel is supplied upon pick up of the horsebox and you must return the horsebox with a full tank of fuel. Any fuel shortage will be charged to you against the Rental Damage Deposit. You will be liable for all repair costs if the incorrect fuel type is used.
6b - You are responsible for the regular checking of oil and water levels and the use of the correct type of fluids during the Rental Term.
6c - Transporting generators that require fuel can invalidate the insurance. Therefore generators are not permitted.
7 Mileage
7a - 200 miles per full day allowance, 100 miles per half day and 45p per mile thereafter.
8 Cancellations
8a - All cancellations must be in writing to Tonbridge Horsebox Hire and are charged as follows; -the Booking Deposit of £50 for full day hire or £65 for half day is not refundable.
- if the cancellation notice is received 14 days or more before but excluding the Pickup Date, Tonbridge Horsebox Hire shall transfer the Booking Deposit to another date. The £500 Rental Damage Deposit is not charged if the hire is cancelled and provided no other sums are unpaid by way of deposit or otherwise.
9 Pick-up and Return
9a The Horsebox will be available for pick up from the Pickup Location on the Pickup Date and must be returned to the Return Point on the Return Date.
- a full day hire is classed as 7am to 7pm a half day hire is classed as 7am-12pm or 1pm to 7pm Special requests may be submitted for early pick up but cannot be guaranteed by Tonbridge Horsebox Hire. If the horsebox is returned late the hirer will be charged a £50 late fee and is responsible for cleaning and returning the horsebox in the condition it was hired and refuelling the horsebox.
9b - No refund is given for an early return of the Horsebox.
9c - You acknowledge upon pick up, the rental of the horsebox and the contents as free from any defect or damage and fit for purpose. On pick up, you are advised to check the Horsebox thoroughly before departure.
9d - Upon return of the Horsebox Tonbridge Horsebox Hire will check the Horsebox for damage, cleanliness, fuel, condition of the tyres, windscreen, bumpers, roof lights, mirrors, doors and internal habitation equipment and complete the Return Report.
9e – The horsebox must be swept out thoroughly before it is returned, failure to do so will result in a £20 cleaning fee.
9f – You will be given a time to collect the horsebox, if more than 15 minutes late (for whatever reason) the hire will be cancelled without refund.
10 Availability
10a - Every effort is made to ensure that the horsebox reserved is available. If, due to circumstances beyond Tonbridge Horsebox Hire’s control which could not reasonably have been foreseen or avoided at any point up until the Pick Up Date, the Rental Payment will be refunded.
B. If an alternative is not available the liability of Tonbridge Horsebox Hire will be limited to the refund of all monies paid to Tonbridge Horsebox Hire by you. Tonbridge Horsebox Hire cannot accept responsibility or pay any compensation, costs or expenses where the performance of the Rental Contract prevented or affected or you otherwise suffer any loss or damage as a result of events beyond Tonbridge Horsebox Hire’s reasonable control. Such loss or damage includes any delays to and or restrictions to your rental to which you may be subject.
11 Suitable Persons
11a - Tonbridge Horsebox Hire reserves the right to refuse to hand over a Horsebox to any person who, in the reasonable opinion of the Tonbridge Horsebox Hire is not suitable to take charge of the horsebox. In such cases of refusal, all payments made by the Hirer will be refunded in full.
11b - Tonbridge Horsebox Hire reserves the right to cancel the hire if at Pick Up Date or at any time during the Rental Term it becomes apparent that any of the drivers’ license(s) are invalid or not in accordance with the Hirer’s Profile. In these circumstances all payments made by the Hirer will be forfeited.
12 Smoking
12a - Smoking is not permitted in the vehicle.
13 Breakdown
13a - In the event of a breakdown or an accident, an emergency service is at your disposal. Tonbridge Horsebox Hire cannot be held liable for delays, curtailment of journey or other incidental costs.
13b - You will bear all costs of breakdown or repair in circumstances where the incident is the result of negligence on your part, for example by running out of fuel, filling a tank with the wrong fuel, locking keys inside the Horsebox or losing keys.
14 Accident
14a - No responsibility is or can be accepted by Tonbridge Horsebox Hire for any loss or damage or expense which occurs as a result of any accident
14b - If you have been involved in an accident you must not admit responsibility. You should obtain the names and addresses of all involved, including witnesses. Take photographs as evidence where possible. You should also make the Horsebox secure, contact the police immediately if anyone is injured or if there is any disagreement regarding who is responsible. You must also contact the Tonbridge Horsebox Hire as soon as possible.
C. It will also be necessary for you to prepare a motor accident report form (in vehicle) and send a copy to Tonbridge Horsebox Hire.
15 Disclosure Information
15a - If you break the hire agreement, we will make available the information you have provided to us to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisations. We are also entitled to pass this information on to the British Vehicle Rental and Leasing Association (BVRLA), who in turn can pass it on to any of its members for any purpose stated in the Data Protection Act 1998.
16 Ending the Rental Contract
16a - Tonbridge Horsebox Hire is entitled unilaterally to terminate immediately the hire agreement by notice in writing to you if:
-breach any of the above terms
- you fail to remedy any breach having been requested to do so by Tonbridge Horsebox Hire
- you are made bankrupt.
16b - If Tonbridge Horsebox Hire ends the hire agreement it will not affect Tonbridge Horsebox Hire’s right to receive any money owed under the hire agreement including under these Terms. At any time after Tonbridge Horsebox Hire has terminated the hire agreement in accordance with this clause or if you fail to return the Horsebox upon the Return Date, Tonbridge Horsebox Hire is entitled to repossess the Horsebox and charge you for doing so.
17 General
17a - These Terms, Rental Schedule and the Reservation Details set out the entire agreement relating to the rental of the Horsebox. You confirm that in entering into the hire agreement you have not relied upon any representation of Tonbridge Horsebox Hire not set out in these Terms.
18 Jurisdiction
18a - English Law governs these terms in all respects and you submit to the jurisdiction of the English Courts.
18 Late Charge
If you return after the hire period drop off time a £50 late fee will be charged, this will be deducted from the damage deposit.
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By signing below you agree to these terms and conditions and agree to abide by them upon rental of the Horsebox from Tonbridge Horsebox Hire
Signature ........................................... Date............................ Print Name ............................................
Date Horsebox Rented ........................................... Type of Hire ..........................................................
Horsebox registration .......................................... Time collected ........................................................
Expected Return Time ..........................................