1. Definitions
‘I’, ‘me’ and ‘my’ refers jointly and severally to the person or persons who are the customers.  ‘This Agreement’ means the Hire Agreement, the Insurance Motor Hire Agreement and these Terms and Conditions.  In the event of any discrepancy between these Terms and Conditions and any other Hagans Leisure Motorhome Hire literature, the provisions of these Terms and Conditions apply.

‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hire Details’ on the Insurance Motorhome Hire Agreement and any person whose credit card is presented in payment of the customers charges.
           
‘Hire Period’ means the hire period referred to under the heading ‘Booking Details’ on the Hire Agreement or any agreed variation thereof and any additional period during which the vehicle is in the customer’s possession or control.

‘Vehicle’ means the vehicle described under the heading ‘Vehicle Details’ on the Hire Agreement and includes tyres, tools, accessories, the living equipment and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of Hagans Leisure Motorhome Hire.

‘Security Deposit’ means the Vehicle security deposit detailed under the heading ‘Vehicle Security Deposit’ in the Insurance Motor Hire Agreement.

2. Delivery and Return of the Vehicle

1. I acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Departure Checklist and with full fuel tank and two full gas bottles.
2. I will return the vehicle in a clean condition with a full fuel tank, on the return date and time set out under the heading ‘Check In’ in the Hire Agreement.
3. I acknowledge that Hagans Leisure Motorhome Hire will not refund to me any monies, nor have any obligation to provide a replacement vehicle, if the vehicle is returned or I cease to have the use of the vehicle prior to the return date for any reason e.g. Accident, Weather or Theft.

3. Hire and Other Charges
    I will pay Hagans Leisure Motorhome Hire

1. All hire charges
2. The security deposit
3. The nominated cleaning fee of £50.00 if the Vehicle is not returned with the interior in a clean condition
4. The nominated additional fee of £50.00 if the toilet and waste water tank are not emptied prior to the return of the vehicle
5. The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the vehicle
6. The cost of any damage to the Vehicle or the property of any third party, subject to the insurance
7. All government fees and duties etc
8. All parking fines, other fines or penalties, and/or accidents including third party property damage not reported on return of the vehicle, and associated administration costs incurred in relation to the vehicle during the hire period
9. Any other fees or charges payable by me pursuant to the Agreement.  This includes any costs incurred by Hagans Leisure Motorhome Hire as a result of any breach by me of the terms of this Agreement
10. The daily hire rate for the period the vehicle is off fleet for accident repairs (demurrage)
11. The cost to recover a vehicle which has become bogged
12. Late Return Fee of £50 per hour

4. Errors in Hire Charges
Total charges as set out herein are not final.  I will pay a shortfall in charges to Hagans Leisure Motorhome Hire and I will receive a refund for any overcharge acknowledged by Hagans Leisure Motorhome Hire.

5. Payment of Charges Joint and Several Liability
All charges and expenses payable by me under this Agreement are due on demand by Hagans Leisure Motorhome Hire.  If I do not pay all charges when due, I agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by Hagans Leisure Motorhome Hire, including reasonable legal fees.  When the customer comprises of more than one person, each person is liable jointly and severally for all obligations of the customer pursuant to this Agreement.

6. Credit Card Payment

1. Hagans Leisure Motorhome Hire will accept payment by credit cards approved by Hagans Leisure Motorhome Hire
2. When payment is paid by credit card, I agree that;
1. Hagans Leisure Motorhome Hire is irrevocably authorised to complete any documentation and take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the vehicle or to property of a third party and all other additional charges as they are incurred (including all parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs)
2. I will not dispute my liability to Hagans Leisure Motorhome Hire for any amount due under this agreement and I shall indemnify and keep indemnified Hagans Leisure Motorhome Hire against any loss incurred (including legal costs) by reason or notifying my credit card issuer of such dispute
3. Hagans Leisure Motorhome Hire may process the credit card voucher; in the event that Hagans Leisure Motorhome Hire elects to accept payment of the Security Deposit by holding an open security payment which will be cancelled at the completion of the hire period, I agree that Hagans Leisure Motorhome Hire is entitled to recover payment from my credit card issuer pursuant to paragraph (1) in respect of any amounts due which were not known at the time of cancelling the open security payment.
3. I acknowledge that all transactions under this agreement are conducted in Pounds Sterling.  Due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card and the amount refunded within 7 days after the expiration of the hire period.  I release Hagans Leisure Motorhome Hire from any liability for such variation.

7. My Warranties
I warrant that all information supplied by me to Hagans Leisure Motorhome Hire in connection with this agreement is true.

8. Vehicle Damage – Insurance Cover
     I am aware that;

1. The Vehicle is insured for damage to the vehicle and the property of a third party;
2. I will have to pay an excess for any damage.  The insurance excess is £750
3. I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement

9. Security Deposit

1. On taking delivery of the Vehicle, I agree to pay the £750 Security Deposit
2. I irrevocably authorise Hagans Leisure Motorhome Hire to deduct from the Security Deposit any amounts due by me to Hagans Leisure Motorhome Hire arising out of this Agreement
3. The security deposit will be refunded within 7 working days of the vehicle and all equipment being returned to the correct location, undamaged, with an acceptably clean interior and a full fuel tank.  We reserve the right to retain a £50.00 soiling fee if the motor home is not returned with the interior in a clean condition.  Also the toilet and waste water tank must be emptied prior to the return of the vehicle or an additional £50.00 soiling fee will be retained.

10. Road Restrictions

1. All vehicles must only be driven on sealed/bitumen roads
2. I acknowledge that Hagans Leisure Motorhome Hire reserves the right at any time, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause

11. Use of the Vehicle
      I agree that during the hire period, I will not and will not allow the vehicle to be:

1. Driven otherwise than in a cautious, prudent and normal manner;
2. Used in a manner which could cause damage
3. Driven in a prohibited area or in an area other than the areas indicated by me to Hagans Leisure Motorhome Hire;
4. Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
5. Left with the ignition key in the vehicle while unoccupied
6. Left unoccupied and unlocked
7. Driven by persons:
1. Under the age of 30 years or over the age of 65 years; or
2. Who are not authorised by law to drive the Vehicle.  Particulars of the proposed licenced driver of the vehicle are set out under the heading ‘Driver Details’ in the Motor Hire Agreement.
8. Damaged by:
1. Submersion in water
2. Contact with Salt water
9. Used for any illegal purpose for any race, rally or contest
10. Used to tow any vehicle or trailer;
11. Used to carry passengers or property for hire or reward
12. 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
13. Used to carry volatile liquids, gasses, explosives or other corrosive or inflammable material
14. Otherwise used in breach of my obligations under this Agreement.

12. Alterations to the Vehicle
I shall not make any alterations or additions to the vehicle without prior written consent of Hagans Leisure Motorhome Hire.

13. Pets
I will not allow any animals to be carried in the vehicle, unless otherwise agreed with Hagans Leisure Motorhome Hire and an additional security deposit paid.

14. Passengers
Hagans Leisure Motorhome Hire authorises the use of these vehicles up to the stated number of passengers.

15. Maintenance

1. I shall take all responsible steps to properly maintain the vehicle, including all checks, water and batteries
2. I acknowledge that Hagans Leisure Motorhome Hire will reimburse me for expenditure up to £40.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the vehicle (not including the water system, refrigerator, heating, audio and DVD equipment) provided that:
1. I produce relevant receipts; and
2. I have received the prior consent of Hagans Leisure Motorhome Hire;
3. The damage is not due to my fault or my breach of this Agreement.
3. Subject to the terms of this agreement, I will pay the cost of repairing or replacing tyres damaged during the Hire Period PROVIDED THAT Hagans Leisure Motorhome Hire will reimburse me for expenditure reasonably incurred if;
1. I produce relevant receipts;
2. The tyre is defective and is returned by me to Hagans Leisure Motorhome Hire for inspection; and
3. The manufacturer accepts liability under his warranty,
4. I will be liable for any costs associated with the incorrect use of fuel.  All Hagans Leisure Motorhome Hire vehicles run on DIESEL.

16. Responsibility when accident occurs

1. In the event of any accident, loss or damage arising out of the use of the vehicle, I will
1. Notify Hagans Leisure Motorhome Hire within 24hrs of the occurrence of the event
2. Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
3. Complete an accident report form as supplied or on return of Vehicle to the depot;
4. Not make any admission of liability to other parties, settlement offer or other like offer;
5. Assist Hagans Leisure Motorhome Hire in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
2. I acknowledge that the excess or other amount due by me 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 hire period
3. I will pay for any costs relating to the delivery of a changeover vehicle as a result of an accident regardless of which party is at fault

17. Terminating the Agreement
I acknowledge that Hagans Leisure Motorhome Hire may terminate this Agreement and repossess the vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the vehicle, including towing charges if:

1. I am in breach of any term of this Agreement;
2. I have obtained the vehicle through fraud or misrepresentation;
3. The vehicle appears to be abandoned
4. The vehicle is not returned on the agreed return date or Hagans Leisure Motorhome Hire reasonably believes that the vehicle will not be returned on the agreed return date;
5. Hagans Leisure Motorhome Hire considers on reasonable grounds, that the safety of passengers or the condition of the vehicle is endangered.  I understand that in the event of such termination or repossession, I have no right to a refund or any part of the hire charges or the security deposit

18. Change of Vehicle
Hagans Leisure Motorhome Hire reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the vehicle.  In that event, I shall not be liable for any increased hire or other charges save for any addition running costs pertaining to the substitute vehicle.  Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.

19. Release and Indemnity of Hagans Leisure Motorhome Hire

1. Subject to its obligation to deliver the vehicle or an appropriate substitute vehicle, I release Hagans Leisure Motorhome Hire, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:
1. Any loss or damage caused by breakdown, mechanical defect, accident or the vehicle being unsuitable for my purpose;
2. Any loss or damage to any property left in or on the vehicle, in any service vehicle or on any Hagans Leisure Motorhome Hire premises or recovered or handled by Hagans Leisure Motorhome Hire
2. Subject to any insurance arrangements agreed with Hagans Leisure Motorhome Hire, I hereby indemnify and shall keep indemnified Hagans Leisure Motorhome Hire, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by any of them by reason of my use and/or possession of the vehicle

20. Title to Vehicle
I acknowledge that Hagans Leisure Motorhome Hire retains title to the vehicle. I do not have any right to pledge Hagans Leisure Motorhome Hire’s credit in connection with the vehicle and agree not to do so.  I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with personal possession of or otherwise deal with the vehicle.

21. Changes
Any changes to this agreement must be in writing and must be signed on behalf of Hagans Leisure Motorhome Hire and by me.

22. Proper Law
This agreement shall be governed by the law of Northern Ireland in which this agreement was signed.

23. 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.  Hagans Leisure Motorhome Hire reserves the right to add or amend any hire charges without prior notice.

24. Smoking
I agree not to allow any smoking inside the vehicle and that failure to comply may result in additional cleaning charges.