Hire Terms and Conditions
Definitions of Terms and Conditions
‘I’,’me’ and ‘my’ refers jointly and severally to the person or persons who are the customers.
‘This Agreement’ means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other Jerba Campervans literature, the provisions of these Terms and Conditions apply.
‘Jerba Campervans’ means Jerba Campervans Ltd owned by Simon Poole and Catherine Brookes of Jerba Campervans Ltd, Unit B, Halfland Barns, North Berwick, EH39 5PW.
‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hire Details’ on the Insurance Motor Rental Agreement and any person whose credit card is presented in payment of the customer’s charges.
‘Living Equipment’ includes but is not limited to crockery, cutlery, cooking utensils, pillows, sheets and duvets.
‘Collision Damage Waiver’ (CDW) at £20 per driver per day will reduce the excess for any damage to either the vehicle or third party property to £0. The hirer will however be fully liable for replacement or repair to windscreen or type damage. Applies in respect of each claim, not Rental.
‘Rental Period’ means the hire period referred to under the heading ‘Booking Details’ on the Rental 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 Rental 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 Jerba Campervans.
‘Security Deposit’ means the Vehicle security deposit detailed under the heading ‘Vehicle Security Deposit’ in the Insurance Motor Rental Agreement.
1. Delivery and Return of the Vehicle
I acknowledge having received the Vehicle in a clean condition and in sound working order and with a full fuel tank. 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 Rental Agreement. I acknowledge that Jerba Campervans 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, personal circumstances, weather or theft. Unless otherwise agreed in writing (email included) with Jerba Campervans I will collect and return the Vehicle from Jerba Campervans Ltd, Unit B, Halfland Barns, North Berwick, EH39 5PW.
2. Rental and Other Charges
I will pay Jerba Campervans:
- All rental charges;
- The security deposit;
- If the Vehicle is not returned with the interior in a clean condition then a charge will be made to reflect the costs of returning the Vehicle to its condition at the time the rental period began;
- The nominated additional fee of £50 if the portable toilet (if included in Vehicle) is not emptied prior to the return of the Vehicle;
- The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the Vehicle;
- The cost of any damage to the Vehicle or the property of any third party, subject to the insurance or CWD cover;
- The Collision Damage Waiver fee, if applicable;
- All government fees and duties etc;
- 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 Rental Period;
- Any other fees or charges payable by me pursuant to this agreement. This includes any costs incurred by Jerba Campervans as a result of any breach by me of the terms of this Agreement;
- Where damage to the Vehicle is deemed to have been reckless, then Jerba Campervans reserve the right to charge the daily rental rate for the period the Vehicle is off fleet for repairs (demurrage);
- The cost to recover a Vehicle which has become bogged
3. Errors in Rental Charges
Total charges as set out therein are not final. I will pay any shortfall in charges to Jerba Campervans and I will receive a refund for any overcharge acknowledged by Jerba Campervans.
Insurance loading – In some cases, Jerba Campervans will incur additional charges if for instance; the driver to be insured has a traffic conviction, is using a non-UK driving license or is in an occupation which is deemed high risk. These charges will be passed on to the customers.
4. Payment of Charges Joint and Several Liability
All charges and expenses payable by me under this Agreement are due on demand by Jerba Campervans. 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 Jerba Campervans, 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.
5. Credit Card Payment
Jerba Campervans will accept payment by credit cards approved by Jerba Campervans and all such payments will be subject to an additional 2.5% charge. Where payment is paid by credit card, I agree that;
- Jerba Campervans is irrevocably authorised to complete any documentation and to 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 and associated administration costs).
- I will not dispute my liability to Jerba Campervans for any amount due under this agreement and I shall indemnify and keep indemnified Jerba Campervans against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
- Jerba Campervans may process the credit card voucher; in the event that Jerba Campervans elects to accept payment of the Security Deposit by holding an open security payment which will be cancelled at the completion of the Rental Period, I agree that Jerba Campervans 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.
- 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 rental period. I release Jerba Campervans from any liability for such variation.
6. My Warranties
I warrant that all information supplied by me to Jerba Campervans in connection with this agreement is true.
7. Vehicle Damage – Insurance Cover
I am aware that;
- The Vehicle is insured for damage to the Vehicle and the property of a third party;
- I will have to pay an excess for any damage (unless CDW is used). The insurance excess is £500;
- The excess may be reduced or removed, in most circumstances, by taking out a CDW. The CDW, if any, accepted by me, is set out under the ‘Rental Description’ on the Rental Agreement;
- 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.
8. Security Deposit
On taking delivery of the Vehicle I irrevocably authorise Jerba Campervans to hold my credit or debit card details as a Security Deposit and authorise Jerba Campervans to deduct any amounts due by me to Jerba Campervans arising out of this Agreement.
- Age limits: 25 to 75 years.
- Driver must have held a valid licence for more than two years.
- Details of additional drivers required.
- Driver’s license must be free of endorsements except for minor speeding or parking offences.
- Up to two named drivers may drive the vehicle and are required to submit their personal details on the booking form. The hirer and main driver at the commencement of hire must produce personal identification such as a valid passport and confirmation of address in the form of a recent utility bill or a bank/building society statement.
- Production of valid standard driver’s license required from all drivers at start of hire. In the case of UK photo card licenses both the card and access to the DVLA database for driver eligibility must be provided to Jerba Campervans. Visitors from abroad must produce a valid unendorsed domestic driving license or international driving permit.
- Drivers are personally liable for all legal penalties (e.g. parking tickets) which are incurred during the period of hire.
- Maximum of 2 drivers per rental.
- The main driver must provide one separate form of identification. i.e. utility bill, financial statement or council tax correspondence.
- Shall not use the vehicle for carrying passengers or goods, or for hire or reward.
10. Road Restrictions
- All Vehicles may only be driven on sealed/bitumen roads.
- I acknowledge that Jerba Campervans 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 rental period, I 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 or in an area other than the areas indicated by me to Jerba Campervans;
- Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
- Left with the ignition key in the vehicle while it is unoccupied;
- Driven by persons:
- Either under the age of 25 years or over the age of 75 years; or
- who is not authorised by law to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading ‘Driver Details’ in the Motor Rental Agreement.
- Damaged by:
- Submersion in water;
- Contact with Salt Water;
- Used for any illegal purpose 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 (excluding the 2 provided LPG cylinders from Jerba Campervans Ltd), explosives or other corrosive or inflammable material;
- 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 the prior written consent of Jerba Campervans.
I will not allow any animals to be carried in the Vehicle unless approved by Jerba Campervans in writing (including email) prior to the commencement of the Rental Period. I agree that any damage repair costs or extra valeting costs caused by a pet must be paid for in full by myself.
For travel purposes Jerba Campervans authorises the use of their Vehicles for up to five people in the long wheel base Cromarty or four people in the short wheel base Tiree and long wheel base Sanna (all including the driver). Each person must use the safety restraints provided at all times whilst the Vehicle is in motion.
I will not allow any individual to smoke inside the Vehicle during Rental Period. I agree that any damage repair costs or extra valeting costs caused by smoking must be paid for in full by myself.
- I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries.
- I acknowledge that Jerba Campervans will reimburse me for expenditure up to UK £100 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the fresh water system, refrigerator, internal space heating, audio equipment) Provided That:
- I produce relevant receipts; and
- I have received the prior consent of Jerba Campervans;
- The damage is not due to my fault or my breach of this Agreement.
- Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres damaged during the Rental Period PROVIDED THAT Jerba Campervans will reimburse me where I produce relevant receipts for expenditure reasonably incurred if;
- The tyre is defective and is returned by me to Jerba Campervans for inspection; and
- The manufacturer accepts liability under his warranty.
- I will be liable for any costs associated with the incorrect use of fuel (fuel being diesel or petrol).
17. Responsibility when accidents occurs
- In the event of any accident, loss or damage arising out of the use of the vehicle, I will
- Notify Jerba Campervans within 24hrs of the happening of the event;
- Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;
- Not make any admission of liability to other parties, settlement offer or other like offer;
- Assist Jerba Campervans in handling any claim arising from any event, including providing all relevant information and if necessary attending Court to give evidence.
- 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 rental period.
- I will pay for any costs relating to the delivery of a change over vehicle as a result of an accident regardless of which party is at fault. Jerba Campervans recommends that the hirer should take out their own insurance policy to cover them in the unlikely occurrence of such an expense.
18. Terminating the Agreement
I acknowledge that Jerba Campervans 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;
- I am in breach of any term of this Agreement;
- I have obtained the Vehicle through fraud or misrepresentation;
- The Vehicle appears to be abandoned;
- The Vehicle is not returned on the agreed return date or Jerba Campervans reasonably believes that the Vehicle will not be returned on the agreed return date;
- Jerba Campervans 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 of any part of the rental charges or the Security Deposit.
19. Change of Vehicle
Jerba Campervans 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 rental 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.
20. Cancellation Charges
- More than 6 weeks before: (Booking Deposit only)
- 6 weeks – 2 weeks: 50% of total hire charge
- 2 weeks – No Show: 100% of total hire charge
Jerba Campervans reserves the right to cancel a hire at the commencement of hire, if the driver’s license is invalid or is not according to the conditions set out in section 9. In such circumstances the total hire charge will be forfeited by the hirer.
21. Release and Indemnity of Jerba Campervans
- Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release Jerba Campervans, 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:
- 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 any Jerba Campervans premises or recovered or handled by Jerba Campervans. Jerba Campervans strongly recommend that you have personal insurance cover to ensure that all your own items are insured during your Rental Period, the Vehicle insurance provided by Jerba Campervans does NOT cover your personal belongings, it is only for the Vehicle.
- Subject to any insurance arrangements agreed with Jerba Campervans, I hereby indemnify and shall keep indemnified Jerba Campervans, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle.
22. Title to Vehicle
I acknowledge that Jerba Campervans retains title to the Vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge Jerba Campervans’ 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 the personal possession of or otherwise deal with the Vehicle.
Any changes to this agreement must be in writing and must be signed on behalf of Jerba Campervans and by me.
24. Proper Law
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
25. 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. Jerba Campervans reserves the right to add or amend any rental charges without prior notice.
Last updated : 8th January 2016