Rental Agreement

1. Agreement

This Rental Agreement (“Agreement”) is entered into between H C Van Ltd (“Owner”) and the Renter. By accepting this Agreement, the Renter acknowledges that they have read and understood the terms and conditions herein and agrees to be bound by them.

The renter’s rights specified in this rental agreement may only be transferred to third parties if H C Van Ltd has agreed to a transfer in advance.
The vehicle may only be driven by the drivers specified in the rental agreement. In case another person other than the person(s) specified in the rental agreement drives the vehicle, the insurance policy may not apply.
If the renter returns the vehicle after the rental agreement has expired, a Charge of £40.00 per hour will be made until the vehicle is returned. If the renter returns the vehicle late, H C Van Ltd has the right to extend the insurance cover and the renter must pay for this.

2. Term and Termination; Right of Lien; Impossibility of Performance

This rental agreement automatically expires at the end of the rental period. No termination notice is required. If the vehicle is not returned at the agreed time, the rental agreement does not automatically extend. The vehicle is collected from and returned to the location that was agreed with H C Van ltd.
If the renter withdraws from the rental agreement, the termination conditions valid at the time of the termination apply. To withdraw from the rental contract, the usual cancellation conditions apply for renters:
- More than 6 weeks before the Booking – the Booking Deposit
- 4 – 6 weeks – 40% of the total booking charge
- 2 – 4 weeks – 60% of the total booking charge
- 2 – 14 days – 80% of total booking charge
- 2 days – No Show – 100% of total booking charge
H C Van Ltd is entitled to terminate the rental agreement if there is no insurance cover for the vehicle as a self-drive rental vehicle or via fleet insurance (e.g. due to a change in ownership or violation of the insurance contract). H C Van Ltd must give notice of termination within 14 days of becoming aware of the lack of insurance coverage. H C Van Ltd will refund the full rental price to the renter. However, if the renter is liable for the fact that there is no insurance cover due to not meeting the current insurance requirements, (i.e. the renter cannot provide the required documents dated within the last 3 months, Cant show a valid Drivers license or has exceeded the 6 penalty points allowance etc) the renter does not receive any refund.
Each party has the right to terminate the contract due to frustration. A contract will be discharged by frustration if after formation, an event occurs that renders further performance of the contract impossible, illegal or something different from what was contemplated by the parties when entering into the contract.
H C Van ltd will not hand over the vehicle to the renter until they have received proof that the rental price has been paid and all hire conditions have been met.
If H C Van ltd is not able to hand over the vehicle after the contract has been concluded through no fault of their own, H C Van Ltd is discharged from their obligation to provide the rental service. In case it is not reasonably possible to repair the vehicle or provide a replacement in good time before handover to the renter, H C Van Ltd is equally discharged from their obligation to hand over the vehicle.

3. Vehicle Condition:

The vehicle shall be delivered to the Renter in good working condition. Any visible damages that do not hinder the use of the vehicle, such as scratches, dents or bumps to the paintwork, will not be considered as a vehicle defect. The vehicle must be inspected by both H C Van Ltd and the Renter during the handover process, and photographs must be taken from all angles of the vehicle. A written condition report must be prepared, which shall be an integral part of the rental agreement.
The Renter must return the motorhome to H C Van Ltd by 11am on the last day of the rental period, and failure to do so shall result in a charge of £75 per hour or part thereof.
The Renter must return the vehicle to H C Van Ltd in a clean condition, both externally and internally. If the Renter fails to meet this requirement, they must compensate H C Van Ltd for the cost of cleaning the vehicle, and H C Van Ltd shall have the right to retain the corresponding amount from the Renter’s deposit.
H C Van Ltd is authorized to deduct any outstanding payments owed by the Renter in connection with the rental of the vehicle from the Renter’s deposit.

4. Vehicle Use; Reasonable Care

The vehicle may be used within the European Union (EU), excluding Cyprus. The vehicle may also be used in the following countries: Albania, Andorra, Bosnia and Herzegovina, Iceland, Liechtenstein, Monaco, Montenegro, Norway, the Republic of Macedonia, San Marino, Serbia (excluding Kosovo), Switzerland and the United Kingdom. The insurance is not valid outside these countries.
The vehicle may only be used for its intended purpose as a touring motorhome. The renter is not allowed to use the vehicle for any other purpose or for any illegal activity.
The renter or driver is only allowed to use the vehicle if they:

hold a valid driving licence which is recognised in all countries mentioned in 4 (1) of this agreement,
have no more than 6 points (receiving 3 at any one time)
have not been banned from driving,
have not had their driving licence temporarily revoked.
Have had no insurance claims within the last 2 years

The vehicle must only be driven if it is in a roadworthy condition.
After the handover, the renter must treat the vehicle with the same care as if they were the owners themselves in order to maintain its value. The renter should pay particular attention to the following points: (a) to take appropriate measures to prevent damage to the vehicle if there are extreme weather conditions; (b) to park the vehicle in a safe place at their own expense to avoid the risk of deliberate damage; (c) to follow the vehicle’s operating instructions, if there are any signs of technical problems (e.g. if a warning or indicator lamp lights up); (d) before a long journey, to ensure that the oil level and tyre pressure are correct according to the manufacturer’s specifications.
The renter must not make any technical modifications or changes to the appearance of the vehicle, even temporarily.
The renter must reimburse the owner for any additional costs or related expenses for repairing damage, refuelling, cleaning, or for replacing parts, vehicle documents or keys, in case the renter was responsible for the problem. The renter agrees that the owner may charge a fee of £30 per hour as adequate compensation for services rendered.
The renter is responsible for any, fines, tolls, traffic violations or criminal offences involving the vehicle during the rental period.

5. Minor Repairs; Fuel; Oil

The renter is responsible for paying for fuel and other products required during the rental period (e.g. engine oil, Add Blue, windscreen washer fluid).
The renter must return the vehicle with a full tank of fuel at the end of the rental period. If the renter fails to do this, they must compensate the owner for the cost of refuelling. The renter must pay for the fuel costs based on current rates plus a refuelling charge of £35
If essential repairs are required to maintain the roadworthiness of the vehicle and if these repairs cost less than £100, the renter may carry out the repairs by themself or arrange for a garage to do this without first consulting the owner. The costs for these repairs will only be reimbursed if the renter provides the owner with a receipt and valid justification of the repair. At the end of the rental period, the renter shall return any damaged or exchanged parts to the owner. In case, the renter wishes to carry out any repair works by themselves, they shall not be compensated for the time invested in the repair.

6. Non-accident-related Damage to the Vehicle; Technical Defects

If there occurs a technical defect which significantly impairs the usability of the vehicle after the start of the rental period and handover of the vehicle, both parties may terminate the contract without notice and with immediate effect in the following circumstances:
1. the renter could not have prevented the defect through due diligence;
2. it was not possible to carry out repairs at short notice to restore the usability of the vehicle before handover.
If the vehicle cannot be used as described above, the renter is entitled to a reduction of 1/24 of the daily rental fee for each hour or part of an hour until the damage has been repaired. If the contract is terminated without notice as mentioned in the circumstances mentioned above, the renter cannot make any further claims, unless the defect was caused by the owner’s gross negligence or wilful intent.
The renter must inform the owner immediately if the vehicle has a technical defect. If the renter does not notify the owner immediately and there is damage caused by the renter not notifying the owner immediately, the renter must compensate the owner for this damage.
If the renter mishandles the vehicle during the rental period or treats it in an inappropriate way and this causes damage to the vehicle, the renter is liable for the damage in accordance with the law.

7. Road Traffic Accidents

In case of an accident, the renter and the passengers must provide H C Van Ltd with all the necessary information required (in written form) in order for H C Van Ltd to be able to pursue a claim.
In case the usability of the vehicle is significantly restricted due to an accident, both parties may terminate the contract without notice and with immediate effect. In this case, the renter is not entitled to a refund of the rental price. For further information on a refund in case of an accident, check out our insurance policy options or get in touch with our help desk.
In the event of an accident, fire, damage caused by wild animals or any other damage, the renter must contact the local police immediately and get a police report or crime reference number. The renter must inform the owner about the circumstances of the accident immediately and provide a detailed account of the accident, including a sketch. If the accident involved third parties, the renter must keep a record of the following details:
1. registration numbers of the vehicles involved,
2. details of the drivers’ third party liability insurance,
3. the names and addresses of the drivers (copy or photograph of driving licence or personal licence),
4. the names and addresses of any witnesses.
These details must be provided to H C Van Ltd if required.
In case of an accident, H C Van Ltd shall request all settlements of vehicle damage from the relevant vehicle insurance company. This does not apply if a settlement is not economically viable or has no prospect of success.

8. Vehicle owner liability:

H C Van Ltd does not guarantee the suitability of the vehicle for the purpose the renter intends to use the vehicle for.
Unless otherwise specified in this agreement, H C Van Ltd accepts no liability in the event of a breach of contractual or non-contractual obligations. This is in accordance with the applicable laws and regulations. In the event of wilful intent or gross negligence, H C Van Ltd is liable for damages. In the event of negligence, H C Van Ltd is only liable for the following: (a) damages arising from physical injury, damage to health or loss of life; (b) damages resulting from a breach of a fundamental contractual obligation (this means that H C Van Ltd complies with an obligation so that the contract can be properly fulfilled, and that the other party can rely on the owner to fulfil this obligation). In this case, however, H C Van Ltd.’s liability is limited to compensation for foreseeable, typically occurring damage.
The liability limitations set out in the paragraph above do not apply if H C Van Ltd has: – acted intentionally; – provided a guarantee; – fraudulently withheld information about a defect of the vehicle.

9. Court of jurisdiction; miscellaneous:

This agreement is exclusively subject to English law. The United Nations Convention on Contracts for the International Sale of Goods (CSIG, 11 April 1980) does not apply. This does not affect mandatory rules in the renter’s usual country of residence.
If any of the clauses in this rental agreement are invalid or become invalid, this does not affect the validity of the remaining agreement.

Valid from January 2023