AVANTI MOTORHOMES TERMS AND CONDITIONS
Tindalwood Ltd (registration 11097507) T/A Avanti Motorhomes (or Avanti) offers motorhomes for hire strictly in accordance with the following terms and conditions.
By taking the vehicle the hirer (or the Client) declares to have read, understood and agreed to this document in its entirety. The hirer is therefore legally deemed to have agreed, understood and accepted all of these terms and conditions and agrees to abide by them.
Please read this agreement carefully.
The placing of any booking with Avanti shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all quotations and bookings.
‘The Client’ means you, the person or persons nominated as the hirer under the heading ‘Hirer’ on the Rental Contract, any person whose credit or debit card is presented in payment of the customer’s charges or any person who deems themselves to be the legal entity and ultimately responsible for the motorhome. Should the legal entity be different from the driver, then full name, address and contact phone numbers must be supplied.
‘This Agreement’ means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by Avanti in writing.
‘Booking’ the confirmed reservation of a motorhome hire and includes the payment of the booking deposit and/or full balance for the rental.
‘Booking Deposit’ means the monetary amount required to confirm the motorhome booking.
‘Rental Period’ Means the hire period as stated 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 as stated on the Rental Agreement and includes tyres, tools, accessories, internal 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 Avanti.
‘Security Deposit’ means the amount held as security by Avanti in relation to this hire.
The Client acknowledges that any contract or agreement entered into by Avanti with any other body corporate or firm or individual whatsoever for the provision by it or them of facilities or services in connection with the Avanti’s services shall be entered into by Avanti as agent for the Client.
Hire rates quoted include: – VAT (20%) – Unlimited miles – UK standard vehicle insurance – UK Standard equipment & breakdown. All prices quoted in the Agreement are gross prices.
Avanti reserves the right to do the following:
Total charges as set out therein are not final. You agree to pay any shortfall in charges to Avanti and you will receive a refund for any overcharge acknowledged by Avanti.
Visa card and MasterCard credit cards only. All debit cards accepted. Pre-paid currency cards are accepted for payments but not for the security deposit.
When payment is paid by credit, debit or pre-paid currency card, you agree that: Avanti is irrevocably authorised to complete any documentation and to take any other action to recover from my credit or debit card issuer all amounts due by you pursuant to this Agreement, including but not limited to those outlined in section 10, Conditions for Using the Vehicle.
You will not dispute your liability to Avanti for any amount due under this agreement and you shall indemnify and keep Avanti indemnified against any loss incurred (including legal costs) by reason of notifying my credit or debit card issuer of such dispute.
You agree that Avanti is entitled to recover payment from your credit or debit card in respect of any amounts due which were not known at the time of cancelling the open security payment.
You 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 or debit card and the amount refunded within 7 days after the expiration of the rental period.
All charges and expenses payable by you under this Agreement are due on demand by Avanti. If you do not pay all charges on time, you agree to pay interest at 1.5% per month above the base rate as published by HSBC on the outstanding balance and any additional costs incurred by Avanti, including reasonable legal fees to recover the outstanding money owed. 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.
4. Booking Confirmation & Payment Terms
A booking is only binding after it has been confirmed by Avanti and a booking deposit payment of £200 per week being booked has been received. Our terms and conditions including cancellation policy apply from this point onwards. Once the booking is confirmed, a confirmation email will be sent out to the customer.
The balance of your hire money is payable 45 days prior to the start date of your hire, or at the time of booking if you book less than 45 days from the start date of your hire. Any documentation you are requested to provide Avanti must be received prior to the start of your hire. Failure to provide full payment and documents as above will result in the booking being cancelled and the loss of your initial booking deposit and/or any further monies paid.
All cancellations must be notified in writing to Avanti, but please call us immediately to inform us as this will improve the chances of rehiring the motorhome.
A ‘No Show’ is deemed as The Client not presenting themselves on the first day of the rental period to collect their motorhome and not communicating to Avanti prior to this date that will be collecting the vehicles on an alternative date/time within the booked rental period. Should the hire be deemed a ‘No Show’, the booking will be automatically cancelled at close of business that day, the vehicle will be released for re-hire and no refunds whatsoever will be due.
Avanti reserves the right to cancel a hire if, at the commencement of hire the driver’s licences are invalid, not according to the conditions set out above or if the required documentation is not provided upon request. In these circumstances the total hire charge will be forfeited. Hirers are strongly advised to insure against unavoidable cancellation.
5b. Cancellation Charges
More than 45 days before collection – Initial deposit is non-refundable.
Between 45 days and 14 days before collection – 50% of total hire charge is non-refundable.
14 days & under before collection – 100% of total hire charge is non-refundable.
The above charges apply to all hires and no exceptions can be made for any circumstance. Avanti strongly advises any hirer to obtain relevant insurance at the time of booking, so that any changes of personal circumstance will be covered with an insurer.
6a. Pickup / Collection Time
Unless otherwise agreed with Avanti in writing, the motorhome will be available on the day of collection at our nominated collection point; collection time is from 2pm but the exact collection time must be agreed in advance. Avanti may charge for early collection.
Hirers who are excessively late of their pickup time (2 hours +) without any prior communication may risk having their booking cancelled, as they will be viewed as no shows. There will be no refund provided in this circumstance. It is the responsibility of the hirer to allow for a time period of 1 hour upon collection of the vehicle for the necessary documents and safety checks to be carried out. No hire will be permissible to commence until the aforementioned checks have taken place, therefore the hirer must allow for this time within their travel plans.
Note, Avanti will make every effort to have your motorhome ready for the collection time you have selected however Avanti cannot guarantee that your vehicle will be ready for this time. Should this be the case No refunds will be due to you, there will be No extension of your hire, and the motorhome will still be required to be returned in accordance with the details set out in section 7.
6b. Pickup / Collection Process
Drivers must be over the age of 25 and under the age of 75. Exceptions may be agreed, in advance and in writing by Avanti prior to your collection date.
The hirer must make a refundable £1000 excess/damage deposit at the time of collection. This must be taken from a card; cash deposits will not be allowed. The hirer must be able to make this payment at the time of collection, no hires will commence until this payment has been made. The security deposit is fully refundable upon the return of the motorhome without any damage. Avanti are not liable for any changes the insurer can make to the insurance excess amount for hirers who do not meet the criteria for hire but have been premised to hire a motorhome.
Unless stated by the hirer at the time of booking, Avanti will assume that the hirer fits into these conditions. Avanti has the right to refuse to hand over a motorhome to any person who does not meet their criteria at the time of collection. In circumstances whereby the hirer(s) have not made Avanti aware that they do not meet the hire criteria and there are no alternative suitable drivers, then the hirer will be subject to the cancellation charges detailed in 5b.
Avanti also reserves the right to refuse to hand over the vehicle to any hirer that they are of the reasonable opinion is not suitable to take charge of the motorhome. If the hirer meets the criteria for hire but Avanti deems them unsuitable, then the hire charges paid will be refunded in full. In this circumstance, Avanti has no further liability.
No one other than the driver(s) named in the insurance proposal form may drive the hired vehicle.
PROOF OF IDENTITY
The hirer must be able to provide the following:
All drivers who licences are issued outside of the EU or Commonwealth are required to supply a valid International driving permit alongside your standard licence at the start of hire. This must be issued in the Country your standard licence was issued and confirm you are able to drive a UK category B vehicle up to 3500kg GVW. Should any driver fail to present all correct documentation and identification on collection of the motorhome or do not meet the driver requirements stated in the terms and conditions, then Avanti will be unable to release the motorhome and no refunds will be given.
Endorsements on licences: you must declare at the time of booking if there are any endorsements on your licence. Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or more than 6 penalty points imposed Avanti may not be able to obtain cover for. “Spent” convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded.
Claims history: Cover may not be obtainable for Persons who, whilst driving, have been involved in more than one fault accident during the past 3 years or 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. No refund will be given if the hire is cancelled because we are unable to insure you to drive.
7a. Drop-off / Return
The vehicle must be returned on the correct date and before the time stated on the Rental Agreement. The Hirer will be liable for the full security deposit amount should they abandon the vehicle without agreement from Avanti- please allow 1 hour for the hand-over at the depot.
Vehicles must be returned undamaged, with a full tank of Diesel, empty wastewater and toilet cassette and the interior clean and in the same condition as they left the depot, otherwise, a charge will be made for additional Valeting and or Upholstery cleaning. In addition, a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return.
Please note: there are no toilet emptying facilities at Avanti’s depot so this must be emptied prior to return.
Lost property: It is the hirer’s responsibility to make sure that upon return of the motorhome all your personal possessions & rubbish are removed from the vehicle. The vehicle may be going back out again on hire that same day, Avanti cannot be held responsible should an item be left on board. Avanti will do our upmost to contact the hirer if items are handed in, these items will only be stored for 2 weeks before disposal/charity.
Late return: If you will be late returning, Avanti must be advised immediately
7b. Drop-off / Return Time
Unless otherwise agreed with Avanti in writing, the motorhome must be returned by 10.00am on the agreed return date. Avanti may charge for pre agreed late return.
Without prior consent, late return of the vehicle will incur the following minimum charges –
Same day pre-4pm
Late Return fee of £75
Same day post-4pm/Next day pre-4pm
1 Day Charge + 50%.
Two Days Late etc.
2 Day charge + 150%.
If the late return makes us Avanti liable for extra costs (e.g. compensation for the next hirer), we reserve the right to pass these costs on to you, in addition to the above charges.
There are no refunds for the early return of the motorhome.
8a. Events beyond Avanti’s Control
Unfortunately, events beyond Avanti’s control occasionally affect bookings. When reference is made to such events in these Conditions of Hire, this means any event(s) or circumstance(s) which Avanti could not, even with all due care, foresee or avoid.
In the unfortunate circumstance that events beyond Avanti control mean that a motorhome is not available as agreed, Avanti will, where possible, offer you an alternative motorhome (as detailed below in 8c), a rearrangement of dates, or will provide a full refund of all monies you have paid for your booking. The liability of Avanti will be limited to the return of any monies paid for the hire of the vehicle only. Avanti strongly advises that the relevant insurance is taken out at the time of booking to cover any lost pre-booked travel or campsite costs in the circumstance a booking is cancelled beyond the hirer’s control.
8c. Alternative & Replacement vehicles
Avanti reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle booked. In that event, you shall not be liable for any increased rental pertaining to the substitute vehicle. Such substitution shall not entitle you to any refund and does not constitute a breach of this Agreement. Should the customer elect to change the motorhome that they have booked, subject to availability Avanti will try to accommodate the request where possible. Should there be an increase in the daily rental cost the customer will be liable for the increased premium in line with section 3, Payment Terms. Should the daily rental cost be lower, the original booked price will stand, and no refund will be given. Should Avanti not be able to accommodate the request and the customers decide to cancel the booking, Avanti cancellation terms shall apply, see section 5, cancellation charges for more details.
If your chosen motorhome is not available, Avanti reserves the right to offer you another vehicle in its place. This may be of similar size to the vehicle requested or larger and will be similarly equipped. In this event, the hirer is not liable for higher rental charges. If a larger vehicle is offered, Avanti is not liable for additional expenses e.g., higher ferry charges or road tolls. A full refund will only be provided if there is no suitable replacement vehicle available at the time of hire.
9. Your Responsibilities
10. Conditions for Using the Vehicle
The vehicle must only be driven by the hirer and/or any other driver named on the rental agreement. Anyone driving the vehicle must meet the full criteria detailed in section 6b, unless prior-agreed with Avanti. The hirer or any other authorised driver will:
Charges are based on Avanti tariffs at the time of booking. You will be charged for:
12. Security Deposit
There is a refundable £1000.00 Security Deposit payable by credit / debit card. The card should be in the lead drivers name and the amount will be debited from your account immediately. Pre-paid currency cards cannot be accepted. Avanti reserves the right to increase the security deposit in certain circumstances or for specific events e.g., World Cup events, Festivals, customers travelling with pets, for any other hire where the Motorhome is carrying 4 or more adults to £1500.00. Cheque payments are not accepted against the Security Deposit.
On taking delivery of the Vehicle, you agree to pay the Security Deposit You irrevocably authorise Avanti to deduct from the Security Deposit any amounts due by you to Avanti arising out of this Agreement. The security deposit will be refunded within 10 days of the vehicle being returned to the depot as per the criteria set out in sections 9, 10, 11, motorhome collection and return and there are no outstanding insurance claims. It will not be refunded on return of the motorhome.
Should any damages or costs exceed the Security Deposit the customer will be responsible to settle all additional costs over and above the security deposit value within 14 days of being notified of the cost.
Note: The hirer should be aware that the Security Deposit will be used to fund any loss or damage whatsoever to equipment, fixtures and fittings, windows, valeting or upholstery fees, refuelling costs or negligent damage to the vehicle. Should these damages exceed the security deposit held, the customer will be liable for the total cost and the difference will need to be settled within 14 days of returning the motorhome.
13. Hire Insurance
The motorhome is insured for the period of the hire only (provided all the personal information supplied is correct). A late return of the vehicle would incur a traffic offence under the road traffic act. Fully Comprehensive insurance is included within the hire charge.
The Vehicle is insured for theft and damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer (including death or bodily injury to the driver) or cover any personal possessions. The hire rate quoted includes a standard excess of £1000.00 per accident, reported incident or Vehicle theft. In the event of any damage to either the vehicle or third-party property, the hirer will be liable for the first £1000.00 per claim. In the event of the theft of the Vehicle please note: if the keys are not returned to Avanti, the insurer will not accept the claim and liability for the full cost of the vehicle will remain with the hirer.
Only persons named on the Rental Agreement are insured to drive the vehicle. Please note that no insurance cover is offered for any internal damages therefore the hirer accepts full liability for these which is in addition to the standard vehicle excess should that apply. Avanti will be responsible should damage to personal possessions or bodily injury occur (including death) as a result of proven gross negligence on Avanti’s part i.e., our actions or failure to act.
Avanti will not be responsible for any loss which is a side effect of the main loss e.g., loss of profits or opportunity. This is separate from the vehicle insurance provided.
The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer or their possessions. You will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is £1000.00 per claim, not per rental. You will not have any insurance cover and you will be responsible for the total cost of any damage if you breach any of the terms of this Agreement. You will be responsible for any damage caused through gross negligence and will not be covered by the insurance.
14. Personal Insurance
Hirers are strongly advised to take out personal travel insurance to cover against termination of hire due to the unlikely event of a breakdown or accident. No claims by the hirer will be considered in respect of any loss or damage to personal belongings or effects of the hirer or any person or persons. Avanti will not be responsible for hotel costs, losses or any other expenses subsequent to a breakdown or accident.
Likewise, Avanti will not be responsible for any costs, loses or other expenses due to any form of holiday cancellation, termination or restriction beyond their control (such as Government and travel restrictions).
No responsibility can be accepted by Avanti for any loss or damage or expense, which occurs as a result of any accident. In the event of an accident the hirer must:
No security deposit or insurance excess will be refunded until any claim is settled
No responsibility can be accepted by Avanti for any loss or damage or expense, which occurs as a result of any defect or breakdown. Avanti will not be responsible for hotel costs or any other expenses subsequent to a breakdown. The hirer will indemnify Avanti from any liability. If you do breakdown you should take the following steps –
17. Ending the Agreement
If you are a consumer, we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We will also end this agreement if you do not meet any of the conditions of this agreement.
If you are a company, we will end this agreement straight away if –
If we end the agreement it will not affect our right to receive any money we are owed under the conditions of this agreement.
If you break the agreement, we can give the information you have provided to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1998.
18. Data Protection
Your personal data including copies of all identification documents provided and all data entered in the Rental Agreement will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
By entering into this agreement, you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle which may include your location(s) from our vehicle tracking system and also diagnostics (telematics). We may use your information to analyse statistics, for market research, credit control and to protect our assets.
You agree that if you break the terms of this agreement, we can pass your personal information to any relevant organisation. Avanti can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 2018.
19. Force Majeure
Avanti will make every effort to ensure that the reserved Vehicle is available for you at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Vehicle is not available our liability is limited to the refunds of all monies paid by you
20. Governing Law
This agreement is governed by the laws of England and Wales. Any dispute may be settled in the courts of that country.
21. 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. Avanti reserves the right to add or amend the vehicle specifications and rental charges without prior notice. Avanti reserves the right to alter or add to these terms and conditions. This agreement does not affect your statuary rights under civil law.