FOXTROT EQUESTRIAN HORSEBOX HIRE
TERMS AND CONDITIONS
Foxtrot Equestrian Horsebox Hire & Equine Transport
42 High Street, Stanwell, Staines, Middlesex TW19 7JS
Tel 07710 558485
PLEASE READ THESE TERMS CAREFULLY AND KEEP A COPY FOR FUTURE REFERENCE. IF YOU HAVE ANY QUESTIONS IN RELATION TO THESE TERMS PLEASE CONTACT FOXTROT EQUESTRIAN SELF DRIVE HORSEBOX HIRE AT THE ADDRESS ABOVE.
1. Formation of the Contract
1.1 We are Foxtrot Equestrian, 42 High Street, Staines, Middlesex, TW19 7JS. These terms shall apply to the hire of the horsebox and all services that we supply to you.
1.2 The horsebox is based at ‘Manor Farm’ Old Windsor, Berkshire SL4 2LA where it will be ready for collection in the horsebox parking area. On completion of your hire we expect the horsebox to be returned safely in the same condition it was collected in. Please park the vehicle in the same area that it was collected from.
1.3 We may change these terms without notice to you in relation to any future hire.
2. Payment and Cancellations
2.1 Payment for the hire services can be made by any method shown in our quotation at the time you place your order. Payment may be made by debit card, credit card or PayPal (firstname.lastname@example.org) or bank transfer to Miss R A Harris Acc no. 50240487 sort code: 09 01 29.
2.2 By giving payment details, you hereby accept Foxtrot Equestrian Terms and Conditions as a confirmation of your Booking and hereby authorise us to charge the hire sum agreed to us in accordance with these terms.
2.3 A booking deposit of £50 is payable at the point of reservation. In the event of cancellation, this is only refundable if the cancellation is made no less than seven days prior to the scheduled date of hire.
2.4 An insurance excess of five hundred pounds (£500) is payable if the vehicle is damaged or if there is an accident. This can be paid by cash, bank transfer or credit card and is fully refundable based upon compliance with your obligations as herein provided.
2.5 Please note that the vehicle will not be released to you, until we have received cleared funds for the booking deposit of fifty pounds (£50).
2.6 Any payment sent by post will be at your own risk. We accept no responsibility for payments not received
2.7 You herein authorise us to submit the payment, debit/credit card vouchers if a debit/credit card has been presented as a means of deposit or security.
2.8 We offer an accrued mileage limit of 200 miles per each rental day. Excess mileage is charged at £0.50p per mile
3.1 Unless we agree otherwise, collection of the horsebox shall be made by you at our premises on the date agreed for the commencement of hire.
3.2 The hiring of the horsebox will commence on the date on which the horsebox is to be collected by you as agreed.
3.3 We require a copy of the proposal form completed with details of the drivers licence number, address and contact details.
3.4 On the day of collection the driver will need to provide their card licence ready for inspection before driving the vehicle away. The driver will also be expected to carry out safety checks of the vehicle and complete the safety book provided in the vehicle.
3.5 We will use all reasonable endeavours to have the horsebox available for collection on the date agreed but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control.
3.6 The horsebox will be provided with enough fuel to get you comfortably to a fuel station. The fuel works out to approximately £0.22p per mile in diesel. We will leave you to estimate the amount of fuel you require for your journey. We will expect the horsebox to be returned to ‘Manor Farm’ with the same amount of fuel as when it was collected.
3.7 Prior to release of the horsebox, you shall be required to provide us with the following for each proposed driver:
a) Valid driving licence
b) Online DVLA driving licence check
c) We also require two recent utility bills containing details of your current residential address matching the address of your driving licence. Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the horsebox will not be made available to you until we are reasonably satisfied with your forms of identification and the horsebox will not be released until all such documents have been produced in accordance with these terms.
3.8 You may park your own vehicle, at your risk, free of charge at our premises for the duration of hire.
4. Our promise to you
4.1 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written), misuse or alteration or repair of the horsebox without our prior approval.
4.2 Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice from an appropriately qualified person.
4.3 If you have any other complaint about the hire services, you should notify us in writing at the address or e-mail address above.
4.4 We shall during the continuance of this hire contract:
(a) Arrange for the provision of any roadside rescue (if required). This only applies to UK hire.
(b) Except where any repair or maintenance is necessitated by an accident or by any negligent use or abuse of the horsebox, we shall pay or reimburse you for any costs in respect of any necessary repairs or maintenance undertaken during the hire contract save that any such repairs or maintenance costing more than £500 must be authorised by us before the work is commenced. We will require proof of the work having been carried out by way of original receipted invoices.
5. Your obligations to us
5.1 You shall obtain, and ensure all necessary documentation to legally drive our vehicles. Please note that if you did not pass your driving test before 1st January 1997 you may be restricted as to the size of horsebox that you may legally drive. You should ensure that you have checked all such restrictions with the appropriate authorities before entering into this hire contract.
5.2 All drivers of the horsebox must be between the ages of 23 and 75 years and must have held a full unendorsed UK driving licence for a period of at least 2 years free of physical defect or infirmity prior to the proposed date of commencement of hire.
5.3 You shall during the continuance of this hire contract:
(a) Ensure that the horsebox is driven or otherwise operated and used in a safe and proper manner and for the purposes for which it was designed and without risk to health by persons who at all times hold valid and current driving licences in the appropriate classes;
(b) Indemnify us against all fines, penalties and liabilities payable by us by virtue of your hire and/or use of the horsebox or arising in respect of any noncompliance or contravention of any transport, traffic or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the horsebox;
(c) Not take or allow the horsebox to be taken out of the United Kingdom mainland without receiving our prior written authority and, in the event of that authority being given, only on such terms as we deem fit;
(d) Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part thereof nor attempt or purport to do so;
(e) Not remove or interfere with any identification marks or plates affixed to the horsebox;
(f) Take all necessary steps at your own expense to retain and recover possession and control of the horsebox of which you lose possession or control;
5.4 In respect of the condition and maintenance of the horsebox, be solely responsible for ensuring that:
(a) Fluid levels are checked and adjusted as necessary;
(b) The exterior, interior and upholstery of the horsebox is kept clean;
(c) Any damage is promptly repaired;
5.5 Not carry more persons or animals than is recommended by the horsebox manufacturers and at all times comply with all load and weight restrictions as may apply from time to time in using the horsebox and not overload the horsebox or permit the horsebox to be overloaded. Protective brushing boots & tail bandages must be worn by horses while on board our horseboxes.
5.6 Not deface or suffer to be defaced the paintwork, body and coachwork of the horsebox;
5.7 Bear the cost of the repair or rectification of any damage to the horsebox resulting from negligence or improper use of the horsebox by you or any person who has used the horsebox during the hire contract;
5.8 Keep the horsebox in good repair and condition, fair wear and tear excepted:
(a) Bodywork: dents or scratches (other than small scratches or chips), failure of colour matching where repairs have been made;
(b) Upholstery: stains, burns or tears in seats, headlining or carpets;
(c) Mechanical: the ramps, partitions, engine, gearbox, clutch, axles, suspension, steering and brakes not being in good working order;
(d) Electrical: lighting and all equipment not being in good working order;
(e) Tyres: uneven wear of tyres, slits in tyre walls.
5.9 Immediately give notice to us of the happening of any loss or damage to the horsebox;
5.10 Indemnify us against all damage and neglect (whether caused by animals or otherwise) to the horsebox or its contents arising from the breach of your obligations under these terms (including your failure to return the horsebox and any of its contents and accessories in good clean order and working condition) and you hereby authorise us to charge you for any cost that would occur when rectifying any defects of the horsebox undertaken in the proposed hire period.
5.11 Keep the horsebox adequately secured at all times (including any outdoor lockers and containers).
5.12 You shall be responsible for complying with any legislation or regulations governing the use of the horsebox in the country and destination and for the payment of any duties.
5.13 Please note that smoking is STRICTLY PROHIBITED in any part of the horsebox.
6.1 Any expense incurred by us in repossessing the horsebox or in recovering possession of the horsebox on default of delivery by you under these terms will be reimbursed by you to us on demand.
7.1 The horsebox shall at all times remain the property of Foxtrot Equestrian Horsebox Hire and you shall have no rights to the horsebox other than as hirer and you shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the horsebox are or may be prejudicially affected.
8. Return of the Horsebox
8.1 Unless we otherwise agree in writing, the return of the horsebox shall be made by you returning it at our premises on or prior to the date agreed for the expiry of hire.
8.2 Please ensure that you return the horsebox on time and in accordance with these terms. It is important that the horsebox is returned on time so that it can be prepared in readiness for release to other customers.
8.3 In the event that you do not return the horsebox on time and in accordance with these terms:-
a) A penalty payment of £50 will immediately become payable to us for each hour between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £190)
b)The vehicle must be returned to us CLEANED, SWEPT and hosed out where necessary. There will be a penalty of £50 if the horsebox is not cleaned out to our satisfaction.
8.4 Please note that NO REFUND or other discount will be given where the horsebox is returned early.
9.1 We shall insure and keep the horsebox insured (with an excess of £500) for the period of your hire and there shall be no additional charges where your use of the horsebox is to be restricted to the United Kingdom. European insurance can be arranged by separate negotiation on request.
9.2 Only those persons named as drivers in the insurance proposal form may drive the horsebox on completion of an online DVLA check.
9.3 You shall remain solely responsible for insuring and keeping insured all personal goods and possessions that do not belong to us or are otherwise provided by us at the commencement of hire (including all horses and such other animals that we consent to being carried in the horsebox and the transportation of the same) under an appropriate insurance policy with suitable cover and with a reputable insurer. Such insurance should include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in this respect.
9.4 In no event shall we be responsible to you for any loss or damage to personal goods or possessions, horses and other animals and you hereby agree to indemnify us against any loss, damage or injury to the horsebox (and any of its contents) (except for any caused by our own negligence) in so far as it is not covered by a policy of insurance. Please note that the insurance policy maintained by us in respect of the horsebox is subject to a £500 excess and you hereby authorise us to charge all sums not covered by a policy of insurance.
9.5 You shall not use or allow the horsebox to be used for any purpose not permitted by the terms of the above policies of insurance or do or allow to be done any act or thing whereby such insurance may be invalidated. The vehicle should not be used for hire and reward.
10. Our Liability to you
10.1 We make no promises, whether express or implied, in relation to the accuracy of information on our website and any material downloaded from our website is at your own risk and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
10.2 Nothing in the these terms shall restrict our liability to you for:
(a) Death or personal injury caused by our negligence;
(b) Liability for defective products under the Consumer Protection Act 1987;
(c) Fraudulent misrepresentation.
10.3 In no event shall we be liable to you for any damages, including any lost profits or prize funds, entry fees lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the hire services even if we have been advised of the possibility of such damages.
10.4 Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry insurance cover.
10.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the hire services if the delay or failure was due to your breach of these terms or any cause beyond our reasonable control. For example, matters beyond our reasonable control would include (but would not be limited to):
(a) Your failure to provide us with payment when properly due in respect of the hire services in accordance with these terms;
(b) Your failing to have valid and appropriate licences, including operators licences, consents, permissions, membership and any other qualifications required for the use of the horsebox;
(c) Your providing us with incorrect or incomplete information.
11.1 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising directly or indirectly as a result of any breach or default on your part in the discharge of your obligations under this hire contract.
12. Data Protection
12.1 We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorised access to information supplied by you.
12.2 We shall only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. However, we would like to inform you about other products and offers that may be of interest to you from time to time. If you would like to be notified of these please tick the box below. You can correct any information about you, or ask us for information about you to be deleted, by giving written notice to us at the address or e-mail address shown above.
13.1 We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms upon notification to you. Would drivers please be aware that an operator’s licence is needed if you plan to use our vehicles for hire and reward. This includes prize money and any payments.