Terms & Conditions
Motorhome Hire Terms & Conditions
Definitions
You, Your, Hirer, Driver
Refers jointly and severally to the person or persons who are the customers.
Customer
The person or persons nominated as the hirer under the heading ‘Hirers Name / Contact’ on the Rental Agreement; 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
The Insurance/Rental Agreement (form), the Tariff, and these Terms and Conditions.
In the event of any discrepancy between these Terms and Conditions and any other Marks Motorhomes literature, the provisions of these Terms and Conditions apply.
Booking
The confirmed reservation of motorhome hire, and includes the payment of the booking deposit (£195), and full balance for the rental.
Booking Deposit
The monetary amount required to confirm the motorhome booking.
Depot
Marks Motorhomes, Derby, Derbyshire.
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, Motorhome
Means the vehicle as stated 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 Marks Motorhomes
Living Equipment
Includes, but is not limited to, television and aerial, oven, microwave, refrigerator, radio, crockery, cutlery, cooking utensils.
Security Deposit
The amount held as security by Marks Motorhomes in relation to this hire.
Overhead damage
Any damage sustained to any part of the vehicle, its equipment or third party property which occurs above 6 feet (1.83 metres) in height measured from the ground upwards.
1. Depot
Marks Motorhomes, Derby, Derbyshire
2. Handover Times
- Collection between 3pm-4pm on the agreed date
- Vehicle must be returned by 10.30am on the agreed date
Please allow one hour for our detailed handover on collection.
3. Included in Hire:
- Unlimited mileage
- UK standard vehicle insurance
Insurance loading. Marks Motorhomes may incur additional charges if the driver to be insured has a traffic conviction, more than one insurance claim, or is in an occupation which is deemed high risk. These charges will be passed onto the customer. - UK standard equipment & breakdown
Marks Motorhomes will supply full breakdown cover for any mechanical faults to the base chassis of the motorhome.
Call out charges necessitated by the client through operator error (eg: flat vehicle battery, wrong or insufficient fuel, keys locked in vehicle etc) will be the responsibility of the client.
All prices quoted in the Agreement are gross prices.
4. Minimum Hire
This ranges from 4 to 7 nights depending on the season.
Marks Motorhomes reserves the right to increase the minimum hire period for certain events.
5. Payment Terms
A booking is only binding after it has been confirmed by Marks Motorhomes and the booking deposit has been received.
All terms and conditions apply from this point onwards.
Once the booking is confirmed, a confirmation email will be sent out to the client.
Settlement of the remaining balance will be due three weeks prior to departure.
Marks Motorhomes reserves the right to cancel the booking if payment is not received three weeks prior to departure.
Payment is accepted by credit card (Visa or MasterCard only), debit cards or bank transfers.
For late bookings (less than three weeks before departure) the full rental price is payable on booking.
Vehicles will not be released without full payment being completed.
Marks Motorhomes reserves the right to increase the booking deposit for certain events or promotions.
6. Cancellation Charges
More than 6 weeks before: 25% of total hire cost or Booking Deposit (whichever is greater)
3 weeks – 2 weeks: 50% of total hire charge
2 weeks – No Show: 100% of total hire charge
A No Show is deemed as the customer not presenting themselves on the first day of the rental period to collect their motorhome and not communicating to Marks Motorhomes 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 will be due.
Marks Motorhomes cannot postpone or transfer money from one hire to another.
Marks Motorhomes reserves the right to amend our cancellation policy for certain events.
7. Extras
For each extra driver, there is an additional daily cost, payable for the full duration of hire.
Minimum charge term for extras is 4 nights; maximum charge term is 21 nights.
All extras are subject to availability.
8. European Travel
This is not allowed
9. Ireland Travel
This is allowed
10. Car Parking Facilities
Marks Motorhomes may allow the customer to leave their own vehicle at our depot for the duration of their motorhome hire, as long as they do so at their own risk.
The customer should lock and secure the vehicle and remove any personal items from view.
Marks Motorhomes will not be held liable for any damage caused to the vehicle whilst on site
11. Motorhome Collection & Return
Collection:
Please allow one hour for hand-over at the depot, to complete the documentation, and demonstrate the vehicle operations to you.
All drivers must be present on collection of the motorhome.
All drivers must bring their full valid licence, passport, and two forms of proof of address dated in last three months (ie: utility bill, council tax bill or bank statement), plus bank details for security deposit payment.
See Section 25, Drivers for further details.
Return:
The vehicle must be returned on the agreed date, and before the time stated on the rental agreement – please allow 1 hour for the hand-over at the depot.
Vehicles must be returned undamaged; with a full tank of fuel.
The interior must be clean and in the same condition as at collection;
otherwise a charge will be made for additional valeting and upholstery cleaning.
The waste water tank and toilet cassette must be empty.
Please note: there are no toilet emptying facilities at our depot.
If the toilet cassette is not empty, a toilet cleaning fee will apply.
See Section 15, Rental and Other Charges for further details.
Late Return:
If you expect to be late returning the vehicle, Marks Motorhomes must be advised immediately.
Failure to advise Marks Motorhomes may result in prosecution for driving whilst uninsured.
An additional charge will be payable for all late returns.
12. Motorhome Systems
Marks Motorhomes will carry out a full Pre Checkout Inspection (PCI) on every motorhome before the commencement of hire.
The PCI involves testing all systems on board the motorhome to ensure they are operating correctly.
In conjunction with this the hirer will be given a tour of the motorhome and shown how each system works.
Should an onboard system fail during your hire, Marks Motorhomes will make every effort to remedy the fault whilst you are away.
In some circumstances this may not be possible and Marks Motorhomes cannot be held responsible. Marks Motorhomes will not refund any monies should a loss of service be encountered, nor have any obligation to provide a replacement vehicle.
During winter hire, Marks Motorhomes will not be held responsible for any damage or inconveniences caused by freezing conditions. This is the responsibility of the hirer.
13. Vehicle Acceptance
You acknowledge having received the Vehicle in a clean condition and in sound working order, in accordance with the Motorhome Handover Checklist. and with a full diesel tank, full LPG gas bottle (plus one part used) and full fresh water tank.
If the Vehicle is returned to us, or you cease to have use of the Vehicle or an item of equipment on the vehicle, prior to the agreed return date, for any reason (e.g. accident, weather, theft or damage), Marks Motorhomes will not refund any monies to you.
14. Change of Vehicle
Marks Motorhomes reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the vehicle ordered.
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, Marks Motorhomes will try to accommodate the request where possible, subject to availability.
Should there be an increase in the daily rental cost, the client will be liable for the increased premium inline with Section 5, Payment Terms.
Should the daily rental cost be lower, the original booked price will stand and no refund will be given.
Should Marks Motorhomes not be able to accommodate the request and the customers decides to cancel the booking, standard cancellation terms shall apply.
See Section 6; Cancellation Charges for more details.
15. Rental and Other Charges
You will pay Marks Motorhomes:
- All rental charges.
- The security deposit.
- An Administration fee for each amendment of a confirmed booking.
- An Administration fee for each penalty charge notice received.
- A valeting fee and/or upholstery cleaning fee if the Vehicle is not returned with the interior in a clean condition.
- A toilet cleaning fee if the toilet is not empty on return of the vehicle.
- A drainage fee if the grey water tank is not empty on return of the vehicle. .
- The cost of refilling the Diesel should the tank not be returned completely full.
- A Late fee, charged per hour, should the vehicle be returned after the agreed time as stated on the rental agreement.
- The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance or delivery of the vehicle.
- The cost of any damage to the Vehicle or third party property, subject to the insurance
- The insurance excess should there be damage involving third party property or the theft of the Vehicle. Applies in respect of each claim, not hire.
- All government fees and duties etc.
- All parking fines, other fines or penalties and associated administration costs incurred in relation to the vehicle during the rental period.
- Any other fees or charges payable by you pursuant to this Agreement. This includes any costs incurred by Marks Motorhomes as a result of any breach by you of the terms of this Agreement.
- Demurrage; the nightly rental rate for the period the Vehicle is off fleet; for example for accident repairs.
- Any additional costs over and above the security deposit value should damages exceed the security deposit value.
- The cost to recover a Vehicle.
- In the case of gross negligence Marks Motorhomes reserves the right to recover full costs in order to return the motorhome to the condition at commencement of hire.
16. Errors in Rental Charges
Total charges as set out therein are not final.
You agree to pay any shortfall in charges to Marks Motorhomes.
You will receive a refund for any overcharge acknowledged by Marks Motorhomes.
17. Security Deposit
There is a refundable security deposit payable by bank transfer or card payment.
Cash, cheque, or pre-paid currency cards are not accepted against the security deposit.
The payment must be in the lead drivers name.
Marks Motorhomes reserves the right to increase the security deposit in certain circumstances, such as specific events, for any hire where the Motorhome is carrying 4 or more adults.
You agree to pay the Security Deposit via bank transfer 24 hours prior to collecting the vehicle.
You irrevocably authorise Marks Motorhomes to deduct from the Security Deposit any amounts due by you to Marks Motorhomes arising out of this Agreement.
The security deposit will be refunded within 7 working days of the vehicle being returned to the depot as per the criteria set out in Section 11, Motorhome Collection and Return, and only if there are no outstanding insurance claims.
The deposit will not be refunded immediately 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 7 days of your hire end date.
18. Use of the Vehicle
You agree that during the rental period, the vehicle will not be:
- Driven otherwise than in a cautious, prudent, and normal manner.
- Used in a manner that could cause damage.
- Driven in a prohibited area, or area other than those permitted by Marks Motorhomes.
- 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 open whilst it is unoccupied
- Left with the ignition key in the vehicle whilst unoccupied
- Left unoccupied without the steering wheel lock applied
- Driven by persons
- below the age 25 years
- over the age of 79 years
- not authorised by law to drive the Vehicle
- Particulars of a proposed licensed driver of the Vehicle are set out under the heading ‘Driver/Hirer’ on the Rental Agreement
- Damaged by submersion in water or 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, explosives or other corrosive or inflammable material
- Otherwise used in breach of my obligations under this Agreement
19. Road Restrictions
All Vehicles may only be driven on sealed/bitumen roads
You acknowledge that Marks Motorhomes 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
20. Alterations to the Vehicle
You shall not make any alterations or additions to the Vehicle without the prior written consent of Marks Motorhomes
21. Title to Vehicle
You acknowledge that Marks Motorhomes retains title to the Vehicle and its contents and that you possess the goods as a mere bailee only.
You do not have any right to pledge Marks Motorhomes credit in connection with the Vehicle and agree not to do so.
You 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.
22. Smoking
All Marks Motorhomes vehicles are non-smoking vehicles.
Marks Motorhomes reserves the right to impose additional valeting and or upholstery cleaning fees and charge demurrage should the effects of smoke be detected in the motorhome.
23. Passengers
Marks Motorhomes authorises the use of these vehicles up to the stated number of passengers.
Each person is to use the safety restraints provided at all times whilst the vehicle is in motion.
Children up to 12 years of age or 135cm in height, whichever they reach first, must use the correct child restraints appropriate for their weight/height under UK law.
24. Dogs
There is no charge for dogs.
Maximum of 2 dogs per hire.
All pets must be secured when travelling
25. Drivers
Age limits:
Standard insurance: 25 to 79 years
Insurance for drivers aged 71- 75 years is by special request only, and by agreement with Marks Motorhomes and their insurer.
Marks Motorhomes must be notified at the time of booking should any driver be over the age of 70.
Additional information will need to be provided, and cover cannot be guaranteed.
Maximum of 3 drivers per rental.
All drivers must have held a valid licence for more than 3 years.
Drivers must be entitled to drive a UK category B vehicle up to 3500kg GMW
Drivers must be able to demonstrate that they have driven on a regular basis (~3 times per week) for at least 3 years, and are confident to drive a vehicle of the dimensions of our largest motorhome 7.3m long 2.6m wide and 3m high
Drivers holding only an automatic licence can only hire our auto models and this must be declared at the time of booking
All drivers must be present at checkout of the Motorhome.
Production of a full, valid standard driver’s licence, as well as a valid passport are required from all drivers at the start of hire
Copies will be taken of all identification presented and will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
If you have a photocard GB licence we require the photocard and your NI (National Insurance) number to check your licence details on the DVLA online system.
We are unable to insure you if we have not DVLA checked your licence details.
We need to physically see your driving licence prior to commencement of hire.
If you have a modern Northern Ireland licence we require both the photocard and paper counterpart
Your licence address must be your current home address.
We require two forms of proof of address for each named driver from within the last three months (eg: utility bill, council tax bill, bank statement)
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 GMW.
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 Marks Motorhomes 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. Marks Motorhomes can accept up to 6 speeding points that occurred within the last 3 years (charges may apply).
For more than 6 points, for any conviction other than for speeding, including, but not limited to the following codes: AC, BA, CD, DD, DR, IN, LC, MS, UT, MR and TT or for any driver disqualification within the last 5 years Marks Motorhomes may not be able to arrange cover.
No refund will be given if the hire is cancelled because we are unable to insure you to drive.
Insurance claims: You must declare at the time of booking if you have made or had vehicle insurance claim made against you within the last 5 years.
Marks Motorhomes may not be able to get cover should you have had 1 or more claims within the last 3 years
Driver occupations: you must declare your occupation on collection of the vehicle.
Marks Motorhomes may not be able to offer cover for the following occupations:
- Celebrities
- Sports personalities
- Musicians
- Entertainers
- Serving Foreign Armed services personal
- Embassy employees based in the UK
- Students under the age of 30
Should the driver not disclose that they fulfil one of the above occupations even in a part time capacity, this will render the agreement as void and the hirer will be fully liable.
Drivers are personally liable for all legal penalties incurred during the period of hire (eg: parking tickets, congestion charges, speeding fines).
Marks Motorhomes is unable to insure any driver with no fixed abode.
26. Insurance
provided all the personal information supplied is correct
The Vehicle is insured for theft and damage to the Vehicle and the property of a third party;
Insurance does not include any personal cover for the customer (including death or bodily injury to the driver) or cover any personal possessions.
The hire rate quoted includes a standard insurance excess, payable 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 to pay the full excess amount.
Please note that insurance does not cover overhead damage; any damage deemed as gross negligence (eg: fuel in the water tank, or misfuelling); or any internal damages (including fire caused by a cooking/heating incident).
Therefore the hirer accepts fully liability for these, in addition to the standard vehicle excess should that apply.
Windscreen and tyre damage is not covered by the standard vehicle insurance, therefore the excess will apply.
Marks Motorhomes will be responsible should damage to personal possessions or bodily injury occur (including death) as a result of proven gross negligence on Marks Motorhomes part (ie: by our actions or failure to act).
Marks Motorhomes 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.
Holiday Insurance
All customers are advised to take out their own holiday insurance upon booking.
Marks Motorhomes are unable to refund any booking deposits/payments received, if any events are cancelled or you are unable to go ahead with your motorhome hire for any reason.
27. Vehicle Damage – Insurance Cover
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
Standard Insurance does not cover overhead damage. The hirer will be responsible for the cost to repair all damages
You will have to pay the excess for any Insurance claim regardless of which party is at fault for the accident.
The insurance excess is per claim, not per rental.
if you breach any of the terms of this Agreement, your insurance will be invalid, and you will be responsible for the total cost of any damage
You will be responsible for any damage caused through gross negligence and will not be covered by the insurance.
28. Responsibility when accident occurs
In the event of any accident, loss or damage arising out of the use of the vehicle, you will:
- Notify Marks Motorhomes within 2hrs of the event
- Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station
- Complete an accident claim form as supplied
- Not make any admission of liability to other parties, settlement offer or other offer.
- Assist Marks Motorhomes in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence
The excess or other amount due by you 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, regardless of which party is at fault
You 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
No security deposit or insurance excess will be refunded until claim is settled
29. Maintenance
You shall take all reasonable steps to properly maintain the vehicle, including checking oil, coolant, tyre pressures and batteries.
The vehicle will be supplied with a full tank of diesel, a full bottle of gas (plus a part used bottle).
It is your responsibility to replenish these throughout the hire and return these all full otherwise charges will apply.
Marks Motorhomes will not be held responsible should you run out of any of these during the hire.
Marks Motorhomes will reimburse you for expenditure 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:
- You have received the prior consent of Marks Motorhomes.
- The damage is not due to your fault or breach of this agreement.
- You produce relevant receipts
Subject to the terms of this agreement, you will pay for the cost of repairing or replacing tyres damaged during the Rental Period.
Marks Motorhomes will reimburse you for expenditure reasonably incurred if:
The tyre is defective and is returned by you to Marks Motorhomes for inspection; and you produce relevant receipts; and the manufacturer accepts liability under his warranty.
You will be liable for any costs associated with allowing the engine oil, coolant to run empty and cause damage to the vehicles engine.
You will be liable for any costs associated with the incorrect use of fuel.
All Marks Motorhomes vehicles run on Diesel.
30. Credit and Debit Card Payment
Visa card and MasterCard credit cards only.
When payment is paid by credit or debit card, you agree that:
Marks Motorhomes 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 15, Rental and Other Charges.
You will not dispute your liability to Marks Motorhomes for any amount due under this agreement and you shall indemnify and keep Marks Motorhomes indemnified against any loss incurred (including legal costs) by reason of notifying my credit or debit card issuer of such dispute.
The Security Deposit will be returned within 7 days after the completion of the Rental Period, as per Section 17, Security Deposit.
The Customer agrees that Marks Motorhomes is entitled to recover payment from the Customer, in respect of any amounts due which were not known at the time of returning the Security Deposit.
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 paid as a security deposit and the amount refunded within 7 days after the expiration of the rental period.
You release Marks Motorhomes from any liability for such variation
31. Payment of Charges, Joint and Several Liability
All charges and expenses payable by you under this Agreement are due on demand by Marks Motorhomes.
If you do not pay all charges on time, you agree to pay interest at the rate set by Marks Motorhomes on the outstanding balance and any additional costs incurred by Marks Motorhomes, 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.
32. Terminating the Agreement
Marks Motorhomes may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that you will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
- You are in breach of any term of this Agreement.
- You have obtained the Vehicle through fraud or misrepresentation.
- Any statement, representation or warranty made by you in respect of any driver is false.
- The Vehicle appears to be abandoned.
- The Vehicle is not returned on the agreed return date.
- Marks Motorhomes reasonably believes that the Vehicle will not be returned on the agreed return date.
- Marks Motorhomes considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger.
You understand that in the event of such termination or repossession, you have no right to a refund of any part of the rental charges or the Security Deposit
33. Release and Indemnity of Marks Motorhomes
Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, you release Marks Motorhomes, its employees and agents, from any liability to you (regardless of who is at fault) for any loss or damage incurred by you 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 Marks Motorhomes premises, or recovered or handled by Marks Motorhomes.
Subject to any insurance arrangements agreed with Marks Motorhomes, you hereby indemnify and shall keep indemnified Marks Motorhomes, 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.
34. Changes
Any changes to this agreement must be in writing and must be signed on behalf of Marks Motorhomes and by the driver.
35. Force Majeure
Marks Motorhomes will make every effort to ensure that the reserved Motorhome is available for you at the correct time.
If this is not possible, due to circumstances beyond our control, and if an alternative or acceptable Motorhome is not available our liability is limited to the refunds of all monies paid by you.
36. My Warranties
You warrant that all information supplied by you to Marks Motorhomes in connection with this agreement is true.
37. Proper Law
This agreement shall be governed by the law of Great Britain in which this agreement was signed.
38. Data Protection
Your personal data and information that you have provided to Marks Motorhomes will be processed for the following purposes and in accordance with our Privacy Policy which can be found on our website
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. We 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 1998.
We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and our own privacy policy and any other applicable data protection legislation currently in force.
39. 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.
Marks Motorhomes reserves the right to add or amend the vehicle specifications and rental charges without prior notice.
This agreement does not affect your statuary rights under civil law.