Terms and Conditions

Definitions

‘Accessories’: All equipment supplied with the Vehicle including as applicable: jack and tools, sound system, owner’s manual, logbook, keys and remote control.

‘Additional Driver’: any persons named as additional drivers of the Vehicle in the Quotation (or is added as an additional driver during the Rental period with our written consent).

‘Administration Fee’: the administration fee specified in the Tariff and which we will be entitled to charge you under these terms and conditions, where applicable.

‘Booking Confirmation’: our written confirmation (including by email) to you that we accept your Booking Request.

‘Booking Deposit’: an amount equal to 20% of the Rental Charge plus VAT (unless otherwise specified in the Quotation).

‘Booking Request’: your written request (including by email) to us that you wish to book the Vehicle based on our Quotation.

‘Cancellation Fee’: our charge (as specified in the Tariff) in respect of a cancellation by you of the Rental Agreement.

‘Collection Charge’ our charges for collecting the Vehicle from you as specified in the Tariff.

‘Congestion Charge’: the charges payable under the Greater London (Central Zone) Congestion Charging Scheme pursuant to the Greater London (Central Zone) Congestion Charging 2001 Scheme Order as amended for time to time (or any regulations or orders issued in substitution thereof)

‘Delivery Charge’: our charges for delivering the Vehicle to or from you as specified in the Tariff.

‘Delivery Date’: the date for Delivery of the Vehicle to you specified in the Quotation (or as otherwise agreed in writing by us).

‘Delivery Time’: the time on the Delivery Date for delivery of the Vehicle to you specified in the Quotation (or as otherwise agreed in writing by us).

‘Damage Deposit’: the deposit (as specified in the Quotation)

‘Documents’: the documents (as specified on our website) which you will need to produce to us prior to taking delivery of the Vehicle (and which in all cases will include a full UK or international driving license).

‘Driver’: the person named as the driver of the Vehicle in the Quotation.

‘Excess’: The excess payable to our insurers pursuant to the Insurance Policy in the case of any insured claim

‘Inspection Report’: the written report (in the form specified by us) on the condition of the Vehicle at the commencement of the Rental Period.

‘Instruction Manual’: the manual setting out the correct requirements and procedures for operating certain features of the Vehicle

‘Insurance’: insurance to cover damage or loss to the Vehicle

‘Insurance Policy’: our policy of insurance with our insurers to cover loss or damage to the Vehicle, a copy of which is available upon request.

‘Insured Claim’: any claim for loss or damage to the Vehicle and/or to any third party’s property or person and which is covered by the Insurance Policy.

‘Late Return Charge’: a surcharge (as specified in the Tariff) on the Rental Charge payable by you if you fail to return the Vehicle to us on the Return Date calculated by reference to the period between the Return Date and the actual return of the Vehicle to us.

‘Refueling Charge’: an administration charge (as specified in the Tariff) for refueling the Vehicle to the same level of fuel that the Vehicle had upon commencement of the Rental Period.

‘Rental Agreement’: the Quotation (including any amendments agreed to in writing by us), your Booking Request, our Booking Confirmation together with these terms and conditions and the Tariff (and any other documents which we may specify as forming part of the Rental Agreement in these terms and conditions or otherwise in writing).

‘Rental Charge’: our charges (as specified in the Quotation) for the rental of the Vehicle for the Rental Period.

‘Rental Period’: the period from the Delivery Time until the later of the Return Time or the date and time the vehicle is returned to our physical custody.

‘Return Date’: the agreed date for you to return the Vehicle to us as specified in the Quotation (or as otherwise agreed in writing by us) subject to any change to such date agreed by us in writing.

‘Return Time’: the agreed time on the Return Date for you to return the Vehicle to us as specified in the Quotation (or as otherwise agreed in writing by us) subject to any change to such time agreed by us in writing.

‘Tariff’: our tariff of charges which is current at the commencement of the Rental Period (as published on our website).

‘Valet Charge’: our charge (as specified in the Tariff) for cleaning the Vehicle should it be returned to us in an unreasonably dirty condition.

‘VAT’: Value Added Tax.

‘Vehicle’: the vehicle described in the Quotation (or a similar vehicle in substitution or replacement thereof).

‘Waiting Time Charge’: our charge (as specified in the Tariff) for waiting to deliver the vehicle to you where you are not available (for any reason whatsoever) to take delivery of the vehicle at the Delivery Time or within 1 hour thereof.

‘We’ ‘Us’ ‘Our’ ‘Ourselves’: Ariescape Motohome Hire, company incorporated in Scotland and registered office at EH20 Business Centre, 6 Dryden Road, Loanhead, Midlothian, EH20 9LZ.

‘You’ ‘Your’ ‘Yours’ ‘Yourself’: the person, company or other legal entity specified as the hirer of the Vehicle in the Rental Agreement.

Applicability of Terms and Conditions

By submitting your Booking Request to us, you agree to hire the Vehicle for the Rental Period subject to these terms and conditions.

No amendment to these terms and conditions will be binding on us unless recorded in writing and signed by one of our directors.

Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask Ariescape Motorhome Hire.

Bookings

The submission of a Booking Request to us will constitute an irrevocable offer from you to hire the Vehicle subject to these terms and conditions and will not form a binding contract until accepted by us in writing. We will not accept your booking unless and until the Booking Deposit is paid unless we otherwise agree in writing with you. Once we accept your booking, the Rental Agreement shall constitute the entire agreement between you and us and no other statements, representations, agreements, or understandings not expressly set out in the Rental Agreement shall be binding on us. By submitting the Booking Request, you warrant to us that

all information supplied by you is true and complete; you have disclosed to us all material facts which might reasonably be expected to affect either: the Insurance Policy or any claim thereunder; our decision to accept your booking and enter into the Rental Agreement with you.

Cancellations by you

If you cancel the Rental Agreement more than 42 days prior to the Delivery Date, your Booking Deposit will be forfeited but you will not be liable to us for any other amount. If you cancel the Rental Agreement less than 42 days prior to but more than 14 days prior to the Delivery Date, you will be liable for 50% of the Rental Charge (and if you have paid more than 50% of the Rental Charge prior to the date of your cancellation, we will refund the difference to you).

If you cancel the Rental Agreement on 14 days or less prior to the Delivery Date, you will be liable for 100% of the Rental Charge. Once the Rental Period has commenced you will be liable for the Rental Charge for the full Rental Period.

You acknowledge that there will be no refund in whole or in part of the Rental Charges should you return the Vehicle prior to the Return Time.

A ‘No Show’ is deemed as you not presenting themselves on the first day of the Rental Agreement to collect motorhome and not communicating to Ariescape Motorhome Hire prior to this date that you will be collecting the Vehicle 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 and the Vehicle will be released for re-hire by another party. No refunds whatsoever will be due. 
Every cancellation request needs to be made in writing and will be confirmed by us in writing. Ariescape Motorhome Hire cannot postpone or transfer money from one hire to another. Ariescape Motorhome Hire reserves the right to amend our cancellation policy for certain events.

Collection and Return Times

Unless otherwise agreed with Ariescape Motorhome Hire, the motorhome will be available on the day of collection from the agreed location at 14:00 and must be delivered back to the agreed location by 10:00 on the last day of hire. The agreed collection and return times are part of your hire agreement. Late returns can have a significant impact on the next hire. If you fail to return your motorhome on time you will be liable to a Late Return Charge, this will be £100 per hour late plus any additional costs incurred by Ariescape Motorhome Hire as a result. There are no refunds for motorhomes returned early. The return time is that when the motorhome is to be handed back to the operator, emptied of your personal possessions and in the condition defined below. It is not the time when the motorhome arrives back at the operator’s location.

Delivery of Vehicle

We can deliver the Vehicle to you on, and you agree to accept delivery of the Vehicle on the Delivery Date and at the Delivery Time.

Upon delivery or collection of the Vehicle you will need to produce to us the Documents. Upon delivery of the Vehicle to you, an inspection of the Vehicle will be undertaken, and an Inspection Report completed. You will be required to sign the Inspection Report to confirm your agreement to the condition of the Vehicle, the mileage and fuel level and to confirm that you have received and understand the Instruction Manual for the Vehicle. By accepting delivery of the Vehicle, you will be deemed to agree that the Vehicle is free from apparent defects or damage other than as specified in the Inspection Report and that the Vehicle mileage and fuel levels are those recorded in the Inspection Report.

If we deliver the vehicle to you at a place other than that stated in the Quotation, a Delivery Charge of £100 is payable if your location is within 10 miles range from our premises and it does include Edinburgh Airport. If we are to deliver the vehicle to you at the airport and to meet you (or the Driver, if you are not the Driver) on an inbound flight, you must provide us with the airline, flight number and time of arrival not later than 24 hours before the date of such arrival. If you do not provide us with this information, we cannot undertake to meet you at the time of your arrival. If the flight is delayed for more than 1 hour, a Waiting Time Charge may be levied.

Availability and Cancellations by Us

We may cancel the Rental Agreement at any time before the Delivery Date if we are unable to supply the Vehicle on the Delivery Date or at the Delivery Time due to any circumstances beyond our reasonable control (including the failure of a prior hirer to return the Vehicle when it should have been returned and any mechanical or other failure of or defect in the Vehicle).

If we cancel the Rental Agreement under the previous clause, we will offer you the choice of an alternative motorhome or, if no suitable replacement is available, shall refund to you any amount you have already paid to us in relation to that Rental Agreement but otherwise we have no further liability to you because of such cancellation. We highly recommend that you take out separate holiday insurance to cover such eventualities.

Passengers 

Ariescape Motorhome Hire 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. Here listed are the numbers of people, including the driver that each motorhome can legally carry: 2 berth = 2 passengers, 4 berth = 4 passengers, 5 berth = 5 passengers, 6 berth = 6 passengers. Carrying more than the specified number of passenger is against the law and in breach of This Agreement.

Pets

Some operators welcome pets and some do not. We are proud to provide motorhomes equipped with top quality soft furnishings, upholstery and carpeted interiors, and we do not accept pets under no circumstances.

Smoking

Smoking is strictly prohibited in all the motor homes in Ariescape Motorhome Hire fleet and that includes the use of vapes & e-cigarettes. No person make smoke in the Vehicle, and you will ensure that the Driver, any Additional Drivers and any passengers refrain from smoking in the Vehicle. Ariescape Motorhomes Hire reserves the right to impose additional Valeting and/or Upholstery cleaning fees and charge demurrage should smoke be detected in the Vehicle.

Bed Linen and Towels 

Due to pandemic, bed linen, pillows and towels are not provided with the motorhome as standard. If you specifically require these items or are travelling from abroad please enquire about availability and these can be provided at additional charge of £100 per set.

Theft and breakdowns

If the vehicle is stolen or breaks down during the Rental Period, you will notify us as soon as possible after you become aware of the theft or break down.

If the vehicle is stolen or breaks down during the Rental Period, you will afford us a 24-hour period to supply a replacement Vehicle and if we are unable to do so, you shall be entitled to cancel the Rental Agreement upon the expiry of the said 24-hour

period and you will be liable for the Rental Charges and any other amount payable under the Rental Agreement for the period up to the date and time of the said theft or breakdown provided that such theft or breakdown was not a result of your negligence or willful wrongdoing and if you are not otherwise in breach of the Rental Agreement. If the aforesaid theft or breakdown of the Vehicle was the result of your negligence or willful wrongdoing or you are otherwise in breach of the Rental Agreement, then you shall remain liable for the Rental Charges up to and including the end of the Rental Period (save that if the vehicle has been stolen the Rental Period will be deemed to end on the Return Date) without prejudice to our other rights under the Rental Agreement.

Unauthorized uses

During the Rental Period, you shall ensure that the Vehicle is not driven or used:

• for hire or reward;
• for racing, pace making, rallying, speed testing, track days or any other form of competition or motorsport;
• on any surface or terrain which is likely to cause damage to the Vehicle or result in the Vehicle becoming stuck; for driving tuition or any similar purpose;
• for towing or propelling any other vehicle or any other object;
• for any illegal purpose or contrary to any law or regulation;
• in any way which might render void the Insurance Policy or other contract of insurance we may have regarding the Vehicle.
• by any person who:
• does not hold a valid and unendorsed driving license; or
• is under the age of 25 or over the age of 75; or
• is under the influence of alcohol or drugs; or
• has been convicted of a motoring offence which has not been disclosed to us in writing prior to the commencement of the Rental Period; or
• has provided us with a fictitious name or address; or
• is not named as a Driver or Additional Driver.

During the Rental Period, you shall ensure that the Vehicle is not taken outside England, Wales or Scotland unless expressly agreed in writing with us.

Charges

You agree to pay the Rental Charge and all other charges or amounts which may be due or become due to us under these terms and conditions including any Excess which may be payable in the event of an Insured Claim; and any fines or traffic penalties or related court costs which may be incurred by us as a result of or in connection with the use of the vehicle during the Rental Period (except where caused through our fault); and any Congestion Charge including any penalties and interest thereon. You agree to pay VAT at the applicable rate from time to time as well as any other statutory taxes or levies which may be applicable from time to time regarding the Rental Charge and all other charges or amounts which may be due or become due to us under these terms and conditions.

Congestion Zone

If you intend to take the Vehicle into the area in London subject to the Congestion Charge, you will notify us in advance in sufficient time for us to arrange for payment of the Congestion Charge. If you fail to notify us accordingly, in addition to be liable for the Congestion Charge and any penalties and interest thereon, youwill be liable for the Administration Fee.

Traffic fines

If we are notified that any traffic fine or penalty has been incurred in respect of the Vehicle or the vehicle has been used in any illegal manner during the Rental Period, we will disclose to the traffic or other authority your full details and the details of any Driver or Additional Driver and you irrevocably consent on your behalf and on behalf of the Driver and any Additional Driver (in respect of all of whom you warrant to have authority for his purpose) to such disclosure.

Damages Deposit

You will be liable to pay a Damages Deposit (by cash, bankers draft or a cleared authorization on your credit card) with your Booking Form but in any event prior to the commencement of the Rental Period.

We shall be entitled to retain the Damages Deposit (or, in our absolute discretion a part of the Deposit) or to charge your credit card for a maximum of 60 days after the end of the Rental Period to cover any amount which may be due or become due to us under the Rental Agreement, but which is not ascertained or known at the end of the Rental Period.

Subject to the previous clause, we shall refund the Damages Deposit to you less any amounts which may be due to us under these terms and conditions insofar as you have not paid such amounts to us. You irrevocably authorize us to deduct such amounts from the Damages Deposit or to charge such amount to your credit card but we are not obliged to do so and may require separate payment so that we may retain the Damages Deposit for the period specified above.

Payment

Payment of the Rental Charges must be paid in full by the date specified in the Quotation (and if not stated in the Quotation, all rental charges must be paid not less than 30 days before the Delivery Date) and any other amounts due to us under these terms and conditions will be payable on demand.

If any amount due to us is not paid when due, we reserve the right to charge interest as provided under the Late Payment of Commercial Debts (Interest) Act 1998 from time to time.

Due care

During the Rental Period you will take good and proper care of the Vehicle.

Without limiting the generality of the previous clause, during the Rental Period you will ensure that:

the Vehicle is securely locked when not in use and any alarm or immobilizer system if properly activated;

at appropriate times but in any event at not less than 48 hours intervals you will check oil, water and other fluid levels and tire pressures to ensure that they are maintained within the specifications laid down by the Vehicle manufacturer.

You will ensure that during the Rental Period the Vehicle does not become subject to any lien or legal process.

You are to return the Vehicle to us in the same good state of repair and condition as at the commencement of the Rental Period, fair wear and tear excepted, and otherwise as required by these terms and conditions.

Return of Vehicle

You must return the Vehicle to us on the Return Date at the place specified for such return in the Booking Form.

If you fail to return the Vehicle to us on the Return Date the Rental Period shall continue until the Vehicle is taken into our actual physical custody and, if the Vehicle has not been so returned to us, you will be liable for the Late Return Charge.

If we collect the Vehicle from you within 10 miles from our premises including Edinburgh Airport (rather than you are returning it to our premises), a Collection Charge of £100 payable.

You must return the Vehicle to us:

• together with all Accessories;
• with not less than the same amount of fuel as recorded on the Inspection Report at the time of delivery;
• in a reasonably clean and tidy condition.

You must empty the toilet cassette and waste water tanks at the end of the hire period. There is a £100 charge for un-emptied cassettes and waste water tanks.

A refuelling service charge if you have used, and not replaced, the same fuel that was supplied originally. The charge is based on the cost of the fuel plus £100.

Gas is included, but should you need to replace an empty bottle during the course of your hire, this is your responsibility and Ariescape Motorhome Hire will charge you the cost if we have to change an empty bottle, this is £50 per gas bottle.

Upon return we will undertake an inspection of the vehicle as soon as reasonably practicable.

Insurance

The Vehicle is subject to the Insurance Policy. The Rental Charges include insurance subject to the Excess. You are liable for the Excess in respect of an Insured Claim.

Indemnity

Except where we are entitled and able to make an Insured Claim (in which case you will be liable for the Excess unless waived), you will indemnify us and keep us indemnified for all actions claims demands liability loss damages costs or expenses (including legal or other professional fees) which we may incur in relation to or in connection with any breach by you of these terms and conditions; and any damages or loss to the Vehicle during the Rental Period (except where such damage or loss is caused by us); and any damage or loss to the person or property of any third party (except where such damage or loss is caused by us) subject at all times to clause below. You will also indemnify us and keep us indemnified for all actions claims demands liability loss damages costs or expenses (including legal or other professional fees) which we may incur in relation to or in connection with any statement or misstatement, act or omission by you or the Driver or any Additional Driver which causes any claim under the Insurance Policy to be repudiated or causes the Insurance Policy to be invalidated.

Limitation and exclusion of our liability

Nothing in these terms and conditions shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;
• any fraud attributable to us;
• any liability which may not be excluded by law.
• (if you enter the Rental Agreement as a consumer) detrimentally affect your statutory rights as a consumer.
• Subject to our clause, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Rental

Agreement

Subject to our clause, we shall have no liability for:

• disappointment or loss of enjoyment;
• loss of use;
• loss of profits;
• loss of business;
• pure economic loss;
• any special, indirect or consequential loss, damages, charges, costs or expenses.

Subject to our clause, in any event our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of

the rental Agreement shall be limited to the amount of the Rental Charges.

Governing law

This Rental Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation

(including non-contractual disputes or claims) shall be governed by and construed in accordance by the law of Great Britain in which this agreement was made.

You and us both irrevocably agrees that the courts of Great Britain shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).