Horsebox Hire Terms
Please read carefully the following horsebox hire terms and conditions (the "Terms") before you hire a vehicle from us. If you do not agree to any of these Terms please do not proceed with hiring a vehicle from us.
WHEN YOU HIRE A VEHICLE FROM EQUIPORT, YOU AGREE TO ABIDE BY THESE TERMS.
1.1 This website is owned and operated by Equiport Limited. We are a company registered in England and Wales with company number 02985580 and our registered office is at 1 London Road, Allostock, Knutsford, Cheshire, WA16 9JD.
1.2 You can contact us by:
(a) telephone: (+44) 01565 723 525
(b) email: firstname.lastname@example.org
1.3 In these Terms, the following terms have their given meanings:
(a) ‘"we"’, ‘"us"’ or ‘"our"’ : Equiport Limited, the owner of the Vehicle;
(b) ‘"you"’ or ‘"your"’ : you being the individual, person, sole trader, partnership or company hiring the Vehicle;
(c) "Business Days" : Monday to Saturday, excluding bank holidays;
(d) "Business Hours" : 9am to 5pm on Business Days;
(e) "Cleaning Charge" : the horsebox cleaning charge of £30.00;
(f) "Damage Charge" : means the charge for any damage occurring to the Vehicle or its loss, up to a maximum of the Excess Deposit;
(g) "Day Rate" : the day rate for hire of the Vehicle, as set out on the Website and in our standard rates;
(h) "Excess Charges" : the following excess charges payable as set out in these Terms: Cleaning Charge, Damage Charge, Loss of Key Charge, Per Mile Charge, Tyre Replacement Charge and other charges to reimburse us for any speeding fines, parking fines and other road traffic penalties that apply to the Vehicle during your Hire Period;
(i) "Excess Deposit" : the pre-authorisation taken on your means of payment as security against any Excess Charges, such amount being £500 if you are 25 years of age or over, and £700 if you are aged 22, 23 or 24;
(j) "Hire Commencement Date" : the date and time on which your hire of the Vehicle commences as set out in your Order Confirmation;
(k) "Hire Period" : the period for your hire of the Vehicle as provided for in the Order Confirmation;
(l) "Loss of Key Charge": the charge of £290 for loss of key;
(m) "Order Confirmation" : our confirmation of your order to hire the Vehicle;
(n) "Per Mile Charge" : a charge of £0.40p per mile;
(o) "Premises" : our retail premises at 1 London Road, Allostock, Knutsford, Cheshire, WA16 9JD;
(q) "Tyre Replacement Charge": a charge of £165 should you require a tyre to be changed during the Hire Period;
(r) "Vehicle" : the vehicle you are hiring from us as set out in the Order Confirmation;
(s) "Website" is our website located at www.equiporthorseboxhire.co.uk.
2. HIRING A VEHICLE
2.1 You can place an order for the hire of the Vehicle via our Website, by telephone, or in person at our Premises. The hire of the Vehicle is subject to availability for your chosen date(s). If the Vehicle is not available on your chosen date(s) we will let you know as soon as possible.
2.2 Please read and check your order carefully before submitting it to us. If you need to correct it, please contact us immediately. We will consider all requests to change orders but (subject to the cancellation terms in clause 6) we have no obligation to amend an order once you have submitted it to us.
2.3 When you place your order via our Website, we will acknowledge it by email. This acknowledgement does not mean that your order has been accepted, even though you have made payment for the hire of the Vehicle, as we have to check your eligibility and ID before the contract is agreed.
2.4 Your order is accepted when we email the Order Confirmation to you, or if you are ordering in person at the Premises, when we confirm to you the order process is complete. At this point a legally binding contract will be in place between you and us for your hire of the Vehicle subject to these Terms.
2.5 We may reject an order to hire the Vehicle in our absolute discretion for any reason, including that (a) the Vehicle is unavailable, (b) we cannot authorise your payment, (c) you and/or your additional named driver do not satisfy the eligibility criteria (see clause 4 below), or (d) there has been a mistake on the pricing of the order. Should we reject your order, any payment that we have received from you for that order will be refunded in full.
2.6 Please keep your account user name and password confidential and do not share them with any other person, Should we become aware of you permitting a third party to use your account to hire a Vehicle we shall be entitled to suspend your account and cancel any contract we have entered into in respect of its hire.
3. PERMITTED USE OF VEHICLE
3.1 Your permitted use of the Vehicle is restricted to social, domestic and pleasure purposes and for your business use.
3.2 Smoking is STRICTLY PROHIBITED in any part of the Vehicle. No dogs are permitted in any part of the Vehicle.
3.3 It is STRICTLY PROHIBITED to use the Vehicle for:
(a) carriage of persons, horses or other animals for hire and reward unless expressly agreed in writing by us and subject to you paying us an additional hire & reward charge;
(b) carriage of goods of an explosive, dangerous or hazardous nature;
(c) private hire.
3.4 The Vehicle must not be taken outside of England, Scotland and Wales without our prior written approval and payment of the applicable additional charges.
3.6 The Vehicle has an unladed weight of 2,740kg with a full tank of diesel. The total permitted weight of the Vehicle (including passengers, contents, animals and diesel) is 3,500kg. It is your responsibility to ensure that you do not exceed the total permitted weight of 3.500kg when using the Vehicle.
3.7 It is your responsibility to ensure the Vehicle is suitable for the horse or pony for which you wish to use it. If you are unable to load your horse or pony onto the Vehicle for any reason, we shall not be responsible and no refund will be issued.
3.8 At all times when travelling your horse or pony on the Vehicle it must be accompanied by its passport.
3.9 You must only transport a horse or pony on the Vehicle if it has an up-to-date equine influenza vaccination.
3.10 You are permitted to drive the Vehicle up to 250 miles per 24 hour period. You will be charged the Per Mile Charge for each mile or part of a mile in excess of the 250 mile limit that you drive the Vehicle and hereby authorise us to deduct such Excess Charge from your Excess Deposit.
4.1 To be eligible to hire the Vehicle and/or to be named as an additional driver for the Vehicle you must satisfy the following eligibility criteria:
(a) be between the ages of 22 and 75 years of age, except for students and undergraduates who must be over the age of 25;
(b) have a valid UK or EU driving licence and have held it for no less than 2 consecutive years prior to Hire Commencement;
(c) have no less than 2 consecutive years driving experience in the United Kingdom prior to Hire Commencement;
(d) not have been convicted of an offence in connection with driving a motor vehicle or motorcycle and/or had your driving licence suspended or endorsed with more than 6 penalty points in the 5 years immediately prior to Hire Commencement Date (disregarding parking offences and "spent" convictions covered by the Rehabilitation of Offenders Act 1974);
(e) not have a disability or medical condition that must be notified to DVLA unless it has been notified to DVLA and you have a current driving licence which is valid for the Vehicle;
(f) not have had insurance declined, and/or had an insurance renewal refused, and/or had special conditions imposed, and/or had an insurance policy cancelled by an insurer;
(g) not have been involved in more than 1 fault or 2 non-fault motor accidents, thefts and/or claims in the last 3 years;
(h) not be engaged in the professional entertainment or theatricals industry;
(i) not be a member of foreign services personnel born outside of the United Kingdom.
4.2 By proceeding with the hire you represent and warrant to us and our insurers that you and any additional named drivers that you include in the hire comply with the eligibility requirements in clause 4.1 above.
4.3 Should you and/or any named additional driver that you include in hire not satisfy the eligibility criteria, you must not proceed with hiring the Vehicle as you will not be covered by our insurance.
4.4 Prior to collecting the Vehicle you shall be required to provide us with all documentation we require for the hire of the Vehicle, including for you and each additional driver of the Vehicle: valid UK or EU driving licence and 2 original documents containing your current residential address.
5. COLLECTION AND RETURN OF VEHICLE
5.1 The Hire Period shall commence and continue for the time as specified in the Order Confirmation. It is your responsibility to collect the Vehicle from our Premises at the time of commencement of the Hire Period and to return it to our Premises on or before the expiry of the Hire Period. Collection and return of the Vehicle may only be made during Business Hours.
5.2 The Vehicle must be returned in the same clean and tidy condition in which it was made available to you. All droppings, hay and other materials must be removed from the horse area, all rubbish removed from the cab and the upholstery must be clean. Should the Vehicle not be returned in a clean and tidy condition, we have the right to charge you the Cleaning Charge and you hereby authorise us to deduct this Excess Charge from your Excess Deposit.
5.3 The Vehicle will be made available with a full tank of diesel at the commencement of hire. You are required to return the Vehicle with a full tank of diesel showing no less than the same number of miles remaining on the fuel gauge as were on it at the time of hire. Should you fail to comply with this obligation, you will be charged the Per Mile Charge for each mile it is short of the specified number of miles. You hereby authorise us to deduct all applicable Per Mile Charges from your Excess Deposit.
5.4 It is important that the Vehicle is returned on time on expiry of the Hire Period so that it can be prepared in readiness for release to other customers. Should you fail to return the Vehicle on or before expiry of the Hire Period, then (without limitation to our other rights and remedies at contract in and law) you will automatically be charged a late return charge of the full Day Rate for each full or part period of 24 hours by which you fail to return the Vehicle. You hereby authorise us to deduct from your Excess Deposit all late return fees which fall due.
5.5 Subject to availability, a Hire Period can be extended provided we agree this in advance of expiry of the Hire Period and we receive payment in advance in cleared funds of the applicable Day Rate for doing so.
5.6 No refund or other discount will be given where the Vehicle is returned early before expiry of the Hire Period.
5.7 You may park your own vehicle free of charge at your own risk at our Premises for the duration of the Hire Period.
5.8 We will use all reasonable endeavours to have the Vehicle available for collection at the commencement of the Hire Period but we shall not incur any liability to you in the event of any delay arising from matters beyond our reasonable control. Our sole liability to you in such circumstances shall be to refund the hire charges we have received from you in respect of the applicable Hire Period.
6.1 If you wish to cancel hire of the Vehicle please notify us straightaway by telephone or email during Business Hours using the contact details set out above and on our Website.
6.2 When giving notice of cancellation please state clearly your name, contact details, booking reference and Hire Commencement Date. Cancellations made without this information will not be valid.
6.3 Provided we receive notice of your wish to cancel ten (10) Business Days or more prior to the Hire Commencement Date, you will receive a refund of 90% of the hire charges you have paid to us.
6.4 If we receive notice of your wish to cancel between five (5) and nine (9) Business Days prior to the Hire Commencement Date, you will receive a refund of 50% of the hire charges you have paid us.
6.5 No refund shall be given in respect of cancellations made less than five (5) Business Days prior to the Hire Commencement Date.
6.6 All refunds due will be made without undue delay and in any event within fourteen (14) days of the date we receive notice of cancellation. The refund will be made using the same means of payment as you used for the initial transaction.
7. YOUR OBLIGATIONS TO US
7.1 You shall obtain and maintain throughout the Hire Period all necessary qualifications, registrations, memberships, permissions and licences and conform to all relevant rules and regulations as may be required for you to drive and otherwise use the Vehicle.
7.2 You shall bear the cost of:
(a) the Damage Charge, up to a maximum of the Excess Deposit, we incur in replacing the Vehicle, or in repairing or rectifying any damage that is suffered by or to the Vehicle (including, without limitation, to its bodywork) during the Hire Period regardless of whether this occurred due to your act or omission or that of a third party. You hereby authorise us to deduct the Damage Charge from your Excess Deposit;
(b) the Tyre Replacement Charge if you have a flat tyre or you otherwise need to have a tyre changed during the Hire Period, and you hereby authorise us to deduct it from your Excess Deposit;
(c) the Loss of Key Charge if you lose the keys, and you hereby authorise us to deduct it from your Excess Deposit.
7.3 During the Hire Period you shall:
(a) ensure at all times that the Vehicle is driven and used in a safe and proper manner, in accordance with all applicable road traffic and other laws, for the purposes for which it was designed and without risk to safety or health of persons and/or animals;
(b) ensure at all times that the Vehicle has sufficient diesel in its fuel tank and fluid levels for the proper running of the Vehicle;
(c) keep the Vehicle safe and secure and ensure it is locked at all times when not being driven;
(d) permit us or our authorised representatives to enter upon the premises where the Vehicle may from time to time be garaged or parked to inspect and test the condition of the Vehicle;
(e) use the partition in a correct manner for the safe transportation of animals and ensure animals are properly secured whilst being transported;
(f) comply with all load and weight restrictions as may apply from time to time in using the Vehicle, not overload the Vehicle and not permit the Vehicle to be overloaded.
7.4 During the Hire Period you shall NOT:
(a) deface or suffer to be defaced the paintwork or bodywork of the Vehicle;
(b) remove or interfere with any identification marks or plates affixed to the Vehicle;
(c) tow a trailer from the Vehicle;
(d) fit towing equipment or other accessories to the Vehicle;
(e) carry out any alteration or modification to the Vehicle, not alter any parts of the Vehicle.
7.5 If you are involved in an accident that results in damage to the Vehicle and/or to any third party vehicle and/or property, and/or injury or death to a person and/or animal:
(a) you must notify us and (if applicable) the Police immediately and in any event within twelve (12) hours;
(b) the driver of the Vehicle must complete an accident report and deliver it to us within twenty-four (24) hours together with the contact details of all witnesses to the accident;
(c) no admission of liability is to be made to any person in relation to such accident;
(d) you must immediately deliver to us any writ, summons or other document relating to any proceedings arising out of such accident and give us and our insurers all assistance that we reasonably require in respect of the conduct of any proceedings arising as a result of such accident;
7.6 You shall upon demand fully and effectually indemnify us against all losses, liabilities, costs, actions, claims or demands which we may incur or have brought or made against us in relation to the Vehicle and/or its use and which are not recoverable under our policy of insurance due to your act or omission (or the act or omission of any of your named additional driver(s), any of your passengers, and/or any of your animals) invalidating such insurance cover. This indemnity is not subject to any limitation.
8. HIRE CHARGES, EXCESS DEPOSIT AND PAYMENT
8.1 The total hire charge is payable at the time of order and prior to commencement of the Hire Period. Subject to the cancellation terms in clause 6 above, the hire charge is not refundable to you.
8.2 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.3 Prior to taking collection of the Vehicle you will be required to enable us to pre-authorise payment of the Excess Deposit on your means of payment. You will not be permitted to access the Vehicle unless and until this Excess Deposit pre-authorisation is made. By making the Excess Deposit pre-authorisation you hereby authorise us to deduct from it all and any Excess Charges which fall due in respect of your hire of the Vehicle.
8.5 If you do not return the Vehicle on expiry of the Hire Period, we have the right to collect it from you and you will reimburse us for all costs and expenses that we incur in doing so in addition to you incurring the late payment fee within the Excess Charges.
8.6 You are responsible for, and hereby upon demand fully and effectually indemnify us against all, fines, penalties, liabilities, charges and court costs which are payable by us by virtue of your hire and/or use of the Vehicle including for non-compliance or contravention of any transport, traffic or other law or regulations, such as speeding and parking fines and penalties.
8.7 If you breach these Terms, you agree to cease using the Vehicle and pay all reasonable expenses we incur in returning the Vehicle to our Premises.
9. Expiry of the Hire Period will not affect our right to receive any Excess Charges and other monies which you owe to us under these Terms.
10.1 We shall retain ownership of and property in the Vehicle at all times.
10.2 You have no rights in the Vehicle other than as a hirer and shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the Vehicle are or may be prejudicially affected.
10.3 You not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the Vehicle nor attempt or purport to do so.
10.4 We have the sole right and responsibility to repair the Vehicle. Please do not attempt to repair any damage you cause to the Vehicle.
11.1 We shall insure and keep the Vehicle insured under a fully comprehensive policy against loss or damage (subject to our excess) during the Hire Period.
11.2 Only you and your named additional drivers will be insured to drive the Vehicle. You shall not use or allow the Vehicle to be used for any purpose not permitted by the Terms and shall not do or allow to be done any act or thing whereby our insurance may be invalidated.
11.3 If you use the Vehicle beyond the agreed Hire Period and/or in breach of any of these Terms, you will not be covered by our insurance policy and will be liable for all costs arising from such use.
11.4 You shall remain solely responsible for insuring and keeping insured during the Hire Period:
(a) all and any animal(s) that you transport in the Vehicle; and
(b) all tack, personal goods and possessions that you carry in the Vehicle.
11.5 If the Vehicle is stolen, please report this to us and the Police immediately and obtain a crime reference number.
12. LIMIT OF OUR LIABILITY TO YOU
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury arising from our negligence or fraud) we are not legally responsible or liable to you for:
(a) any loss or theft of and/or damage to any cash, belongings, goods and/or other assets occurring during your use of the Vehicle;
(b) any injury and/or death of you, your passengers and/or your animals when using the Vehicle unless the same arises due to our negligence;
(c) any lost profits, loss of prize money, loss of savings, loss of data or any indirect or consequential losses arising from your hire of the Vehicle.
13.1 We aim to deliver a good service to all our customers but should you have any complaints with the Vehicle or the service we are offering please contact us and we will try to resolve it promptly.
14.1 No person or entity other than you and us has any right to enforce any of these Terms.
14.2 We may vary these Terms at any time in respect of the future hire of the Vehicle.
14.3 These Terms are governed by the laws of England, subject to the exclusive jurisdiction of the English Courts.