Terms & Conditions
Terms & Conditions
Please Sign & Return a copy before your hire begins.
1. Your Contract with the Operator
Skylark & Co offers motorhomes for hire strictly in accordance with the following terms and conditions. By taking the vehicle the hirer declares to have read, understood and agreed to this document in its entirety. The hirer is therefore legally deemed to have agreed and accepted all of these terms and conditions and agrees to abide by them.
Please read this agreement carefully.
2. General
All Quotations are made and Bookings accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by Skylark & Co in writing. The placing of any booking with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Bookings. 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 the Company in writing.
The Client acknowledges that any contract or agreement entered into by the Company 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 Company’s services shall be entered into by the Company as agent for the Client.
3. Price
The company reserves the right to do the following:
a) Amend any accidental error or omission in a quotation
b) Amend any quotation in order to reflect a change in circumstances beyond the
reasonable control of the company
c) Vary its schedule of charges from time to time
d) Amend its prices in accordance with any changes to the rate of VAT
4. Booking Confirmation
An initial payment of 30% or £200.00 (whichever is greater) is required to confirm the booking, which is non-refundable. A binding contract for the hire will come into existence when Skylark & Co issues your booking acceptance. The balance of your hire money is payable six weeks prior to the start date of your hire, or at the time of booking if you book less than six weeks from the start date of your hire. There is no charge for debit cards. Any documentation you are requested to provide by Skylark & Co 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 payment.
5a. Cancellation
All cancellations must be notified in writing to Skylark & Co, but please call us immediately to inform us as this will improve the chances of rehiring the motorhome. Skylark & Co 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 6 weeks before collections – Initial deposit is non-refundable
➢ 6 weeks & 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. Skylark & Co 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. Collection Time
Unless otherwise agreed with Skylark & Co in writing, the motorhome will be available on the day of collection at our Harbledown collection point at 2.00pm.
Hirers who are excessively late of their pick up 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 up to 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.
Hirers agree that they will have watched all the instruction videos beforehand, which will reduce the handover time.
6b. Collection Suitability
Age
Drivers must be over the age of 25 and under the age of 75. Exceptions can be agreed upon in terms of the age bracket, but this needs to have been agreed in writing by Skylark & Co prior to your collection date.
Driving License
Drivers must have held a domestic driving license for at least 2 years. Any driver who has 6 points or more (in 2 lots of 3 points) on their license must let Skylark & Co know at the time of booking. Drivers wishing to hire Kestrel must hold a UK C1 licence.
Insurance Deposit
The hirer must make a refundable £1200.00 excess deposit 4 days prior to collection. This will be taken from a card online (and will be held on Stripe until up to 7 days after the rental has completed); no cash deposits will be allowed. The hirer must be able to make this payment at the time of collection, no hires will be commenced until this payment has been made. The excess deposit is fully refundable upon the return of the motorhome without any damage. Skylark & Co 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.
Proof of Identity
The hirer must be able to provide their:
➢ Driving license (Both card and online portions)
➢ Passport (alternative photo identification can be allowed if prior agreed with Skylark & Co)
➢ 2 Utility bills no older than 30 days (Bank Statements, utility bills etc. will be allowed but mobile phone bills are not permissible.
Hire Criteria
Unless stated by the hirer at the time of booking, Skylark & Co will postulate that the hirer fits into these conditions. Skylark & Co 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 Skylark & Co 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. Skylark & Co 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 Skylark & Co deems them unsuitable, then the hire charges paid will be refunded in full. In this circumstance Skylark & Co has no further liability. No one other than the driver(s) named in the insurance proposal form may drive the hired vehicle.
Passengers
Skylark & Co authorises the use of this vehicle for up to the number of belted seats (e.g., 4 belted seats = 4 persons) including the Driver. Each person is to use the safety restraints provided at all times whilst the vehicle is in motion.
7. Return Time
Unless otherwise agreed with Skylark & Co in writing, the motorhome must be returned by 11.00am on the agreed return date.
Late return of the vehicle can incur the following minimum charges –
➢ Same day pre-4pm
o Late Check in fee + 50% = £117.50 charge (£25 + £92.50 = £117.50)
➢ Same day post-4pm/Next day pre-4pm
o 1 Day Charge + 50%. E.g., high season charge = £277.50 (£185 + £92.50)
➢ Two Days Late etc.
o 2 Day charge + 150%. E.g., high season charge = £647.50 (£370 + £277.50)
If the late return makes us 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 Skylark & Co’s Control
Unfortunately, events beyond the motorhome operator’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 the motorhome operator could not, even with all due care, foresee or avoid.
8b. Availability
In the unfortunate circumstance that events beyond Skylark & Co’s control mean that a motorhome is not available as agreed, Skylark & Co will offer you an alternative motorhome (as detailed below), a rearrangement of dates, or will provide a full refund of all monies you have paid for your booking. The liability of Skylark & Co will be limited to the return of any monies paid for the hire of the vehicle only. Skylark & Co 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. Replacement vehicles
If your chosen motor home is not available, Skylark & Co 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, Skylark & Co 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
a) You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted to or supplied with the vehicle. You must always keep the keys on your person.
b) You must always protect the vehicle against bad weather which can cause damage.
c) You must make sure that you use the correct fuel.
d) You must not tamper with the mechanics of the vehicle at any time.
e) You are responsible for any damage to the vehicle caused by hitting low level objects, such as bridges or low branches.
f) You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
g) You must not let anyone work on the vehicle without the Skylark & Co permission.
h) You must notify Skylark & Co as soon as you become aware of a fault in the vehicle.
i) You must bring the vehicle back to the place agreed, at the time agreed and remain responsible for the vehicle until this time. The operator must see the vehicle to check that it is in good condition.
j) The vehicle must be returned clean inside, if the vehicle is not returned in a suitable condition the hirer is liable to charges as detailed in section.
k) You must empty the toilet cassette.
l) You must bring the vehicle back with the same fuel level as it was collected.
m) Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.
n) All charges and expenses payable y me under this agreement are due on demand by Skylark & Co. 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 Skylark & Co, including reasonable legal fees. When the customer comprises of more than one perons, each person is liable jointly and severally for all obligations of the customer pursuant to this agreement.
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 Skylark & Co. The hirer or any other authorised driver will:
a) Not use the vehicle for hire or reward
b) Not use the vehicle for any illegal purpose.
c) Not use the vehicle for racing, pacemaking, testing the vehicle’s reliability and speed or teaching someone to drive.
d) Not use the vehicle while under the influence of alcohol or drugs.
e) Not smoke in the vehicle under any circumstance (Including vaping)
f) Not use the vehicle to travel to unauthorised festivals or sports events.
g) Not allow animals into the motorhome without prior consent. If consent is given, I will pay the additional cleaning charge of £35 for up to two dogs and understand that I am expected to return the vehicle interior in a reasonable condition, cleaned of visible pet hair and dirt to the best of my ability. I will not leave dogs unattended in the van at any time. I acknowledge that Skylark & Co reserves the right to charge me an additional cleaning fee (in addition to the pet cleaning fee of £35) if reasonable efforts to clean the motorhome of pet hair and dirt have not been made.
h) Not drive the vehicle outside England, Scotland and Wales, unless we have given you written permission.
i) Not use the vehicle to propel or tow any other motorhome or trailer.
j) Not overload the vehicle.
k) Not carry more passengers than the seating capacity of the vehicle or allow the vehicle to be overloaded.
l) Ensure that when the vehicle is in motion, passengers are seated in the designated seats wearing the seat belt provided or necessary child restraints.
m) Ensure when the vehicle is in motion that the gas is turned off and any items not bolted down are made secure.
n) Be responsible to Skylark & Co for the cost of making good any damage caused to the vehicle caused by improper use.
o) Understand that he/she is responsible for any fines (including parking fines), which may be incurred during the hire period.
p) Understand that no claim by the hirer for loss or damage to personal belongings or effects of the hirer or any person or persons will be considered. The hirer will indemnify Skylark & Co from any liability.
q) Understand that any damage to the interior of the vehicle (including cigarette burns) living or cooking equipment will be charged to the hirer in all cases.
r) Understand that Skylark & Co reserve the right to use the GPS tracker system fitted to the vehicle to identify the location of the motorhome at any given time during the hire period.
s) Not camp overnight anywhere other than a legal campsite or car park where overnight camping is permitted.
11. Charges
Charges are based on Skylark & Co tariffs at the time of booking. You will be charged for:
a) The rental and any other charges agreed upon at the time of booking.
b) A charge for any loss or damage to the motorhome up to £1200 (including accidental damage/loss)
c) If the motorhome is not returned in the condition it was collected in terms of cleanliness a £150 valeting fee may be charged to the hirer. If the returned condition of the vehicle will delay another customers hire, Skylark & Co reserves the right to pass on any compensation costs to the hirer.
d) If the toilet cassette has not been emptied there is a £75 charge.
e) Hirers who allow animals into the vehicle without prior consent will be penalised £200 plus a valeting fee if required and charged for any damage caused as per term 11b.
f) Ignoring the no smoking policy will incur a penalty of £250, a valeting fee of £150 and the hirer will be charged for any items that have been damaged by the smell of smoke.
g) If the fuel has not been replaced to the level that the motorhome was originally supplied, there is a charge based on the cost of fuel plus £20.
h) All fines and costs (including court costs) for parking, traffic or other offences, congestion charges, (including any costs which arise if the vehicle is clamped). You must pay 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 which arise when Skylark & Co deal with these matters.
i) Any charges arising from Customs and Excise or Immigration Authorities seizing the vehicle, together with a loss-of-income charge while the Operator cannot rent out the vehicle, if and when Skylark & Co demand this payment.
j) A deposit of £1200.00 is payable against any loss, damage to the motorhome (externally or internally) costs or insurance claims as described in these terms and conditions. The deposit The deposit will be collected online 4 days before the start of the hire. You accept that Skylark & Co is entitled to charge any credit, charge or debit card used by you during the hire transaction for payment of the deposit or any other outstanding charges as per the terms and conditions of hire.
12. Hire Insurance
The motorhome is insured for the period of the hire only. 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 £1200.00 excess payable by the hirer is applied to all vehicles. We reserve the right to obtain a pre-approval of any amount up to the insurance excess against the drivers’ or hirers’ credit card.
13. 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. Skylark & Co will not be responsible for hotel costs, losses or any other expenses subsequent to a breakdown or accident.
14. Accidents
No responsibility can be accepted by Skylark & Co for any loss or damage or expense, which occurs as a result of any accident. In the event of an accident the hirer must –
● Make the vehicle secure
● Get the names and contact details of everyone involved, including witnesses
● Compile details of the accident, including photos of any damaged parts to the hire vehicle and any other vehicles involved and record them on the Skylark & Co accident form which is stored in the glove box.
● Contact Skylark & Co and provided full details of the accident and any damage
15. Breakdowns
No responsibility can be accepted by Skylark & Co for any loss or damage or expense, which occurs as a result of any defect or breakdown. Skylark & Co will not be responsible for hotel costs or any other expenses subsequent to a breakdown. The hirer will indemnify Skylark & Co from any liability. If you do breakdown you should take the following steps –
● Contact Skylark & Co to obtain the details of the breakdown service provided
● Contact the breakdown service directly
● If the vehicle is taken to a mechanic, Skylark & Co must be contacted PRIOR to any work being undertaken on the vehicle
o In the unlikely event that the customer needs to pay for work to be undertaken, Skylark & Co must be provided with a detailed receipt before the customer can be reimbursed
16. 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 –
● You go into liquidation
● You call a meeting of creditors
● We find out your goods have been taken away from you until you pay of your
debts
● You do not meet any of the conditions of this agreement
If we end the agreement if 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.
17. Governing Law
This agreement is governed by the laws of England and Wales. Any dispute may be settled in the courts of that country. Skylark & Co reserves the right to alter or add to these terms and conditions.
18. Definitions of 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 Skylark & Co literature, the provisions of these terms and conditions apply.
Skylark & Co– ‘Means Skylark & Co owned by Balfour ENT Ltd, Longtye, Church Hill, Harbledown, Canterbury, Kent, CT2 9AH
‘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.
‘Over head damage’ – All drivers must be aware of the (unusual) height of the motorhome and are responsible for all damage if driven under an obstruction that is too low for it to clear – the obvious examples are low bridges and height restrictions into car parks etc. In this event neither the basic insurance nor collision damage waiver will apply and the hirer will be responsible for the repair of all damages. Overhead damage is deemed as any damage to any part of the vehicle which occurs above 6 feet (1.83 metres) and or any third party property. The hire rate quoted includes a standard excess of £1200 or other amount as agreed by our insurers for licences out with UK and EU. In the event of any damage to either the vehicle or third party property, the hirer will be liable up to the full amount of the security deposit paid. The hirer will also be fully liable for all overhead damage, any damaged deemed as gross negligence and replacement or repair of windows and windscreens or tyre damage.
‘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 Skylark & Co.
‘security deposit’ – Means the vehicle security deposit detailed under the heading ‘vehicle security deposit’ in the insurance motor rental agreement. The hire rate quoted includes a standard excess of £1200 or other amount as agreed by our insurers for licences out with UK and EU.
Signed:
Name:
Date: