The Contract
1. These terms shall apply to the hire of the horsebox and all services that we supply to
you.
1.2 We may change these terms without notice to you in relation to any future hire.
2. Description and price of the Hire Services
2.1 The horseboxes are subject to availability at the time of your order. If, on receipt of
your order, the horsebox you have ordered is not available, we shall inform you
immediately.
2.2 We shall make every effort to ensure that prices shown in our quotation or on our
website are accurate at the time that you place your order. However, if an error is found,
we shall inform you as soon as possible and offer you the option of reconfirming your order
at the correct price or cancelling your order. If you decide to cancel, we shall refund or
re-credit you for any sum that has been paid by you.
3. Payment and Cancellations
3.1 Hire services must be paid for, in full, no later than 48 hours prior to collection or
commencement of hire. This will be non refundable in the event of a cancellation 48 hours
before your booked date. 25% non-refundable deposit is payable at the time of booking.
3.2 Please note that the horsebox will not be made available to you until we have
received in cleared funds all sums due and payable to us for the hire services.
3.3 Any payment sent by post will be at your own risk and we accept no responsibility for
any payment not having been received by us or where payments have been incorrectly
completed by you.
3.4 If the payment of any fees by you is not made in accordance with these terms you will
be deemed to have requested the termination of the contract and you hereby
acknowledge that the horsebox reserved for you at the time of your order may be released
by us for hire to any other customer without liability to you.
3.5 The first 200 miles per day (3.5 ton) are free. Rates charged @ 30p per mile there
after.
4. Collection
4.1 Unless we otherwise agree, collection of the horsebox shall be made by you at our
premises on the date agreed for the commencement of hire.
4.2 The hiring of the horsebox will commence on the date on which the horsebox is to be
collected by you as agreed.
4.3 We will prepare a Delivery and Acceptance Form, which will specify the precise
details of the horsebox. At the time of collection of the horsebox you will be required to
sign the Form to confirm your acceptance of the horsebox. Please ensure that you have
read the Form carefully and checked all inventories and other specifications against the
horsebox before signing and thereby accepting the vehicle.
4.4 We will use all reasonable endeavours to have the horsebox available for collection on
the date agreed but we shall not incur liability whatsoever in the event of any delay
arising from matters beyond our reasonable control.
4.5 The horsebox will be provided with fuel at the commencement of hire. Please ensure
that the vehicle is returned with the same amount of fuel at the end of the hire period.
Failure to do so will result in a charge of £50 plus fuel costs. If you have put in more fuel
than required no refund will be made by EHH
4.6 Prior to the release of the horsebox, you shall be required to provide us with the
following forms of identification in respect of each proposed driver of the horsebox:- each
driver’s current driving licence, passport and a recent utility bill containing details of their
current residential address. Please note that, notwithstanding your payment of all sums
owing to us in respect of the proposed hire, the horsebox will not be made available to
you until we are reasonably satisfied with your forms of identification and the horsebox
will not be released until all such documents have been produced in accordance with
these terms.
4.7 You may park your own vehicle, at your risk, free of charge at our premises for the
duration of hire.
5. Our promise to you
5.1 We shall be under no liability in respect of any defect arising from fair wear and tear,
wilful damage, negligence, abnormal working conditions, failure to follow our or
manufacturer instructions (whether oral or written), misuse or alteration or repair of the
horsebox without our prior approval.
5.2 Nothing in these terms shall affect your statutory rights as a consumer. If you are in
any doubt as to the extent of your statutory rights as a consumer you should seek your
own independent legal advice from an appropriately qualified person.
5.3 If you have any other complaint about the hire services, you should notify us in
writing at the above address
5.4 We shall during the continuance of this hire contract: (a) Arrange for the provision of
any roadside rescue (if required) (b) Except where any repair or maintenance is
necessitated by an accident or by any negligent use or abuse of the horsebox, we shall pay
or reimburse you for any costs in respect of any necessary repairs or maintenance
undertaken during the hire contract save that any such repairs or maintenance costing
more than £500 must be authorised by us before the work is commenced. We will require
proof of the work having been carried out by way of original receipted invoices.
6 Your obligations to us
6.1 You shall obtain, and ensure all necessary documentation to legally drive our vehicles.
Please note that if you did not pass your driving test before 1st January 1997 you may be
restricted as to the size of horsebox that you may legally drive. You should ensure that you
have checked all such restrictions with the appropriate authorities before entering into
this hire contract. Contract of Hire South East Equestrian Transport, 1 Forestry Cottages,
Stevens Crouch, BATTLE, EAST SUSSEX, TN33 9LR
6.2 All drivers of the horsebox must be between the ages of 25 and 75 years and must have
held a full unendorsed UK l driving licence for a period of at least 2 years free of physical
defect or infirmity prior to the proposed date of commencement of hire.
6.3 You shall during the continuance of this hire contract:
6.3.1 Ensure that the horsebox is driven or otherwise operated and used in a safe and
proper manner and for the purposes for which it was designed and without risk to health
by persons who at all times hold valid and current driving licences in the appropriate
classes;
6.3.2 Indemnify us against all fines, penalties and liabilities payable by us by virtue of
your hire and/or use of the horsebox or arising in respect of any non-compliance or
contravention of any transport, traffic or other law or regulations, together with any costs
or expenses relating thereto incurred by such use of the horsebox;
6.3.3 Not take or allow the horsebox to be taken out of the United Kingdom mainland
without receiving our prior written authority and, in the event of that authority being
given, only on such terms as we deem fit;
6.3.4 Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with
attempt or purport to do so;
6.3.5 Not remove or interfere with any identification marks or plates affixed to the
horsebox;
6.3.6 Take all necessary steps at your own expense to retain and recover possession and
control of the horsebox of which you lose possession or control;
6.3.7 In respect of the condition and maintenance of the horsebox, be solely responsible
for ensuring that: (a) Fluid levels are checked and adjusted as necessary; (b) The exterior,
interior and upholstery of the horsebox is kept clean; (c) Any damage is promptly
repaired;
6.3.8 Not carry more persons or animals than is recommended by the horsebox
manufacturers and at all times comply with all load and weight restrictions as may apply
from time to time in using the horsebox and not overload the horsebox or permit the
horsebox to be overloaded. Protective brushing boots & tail bandages must be worn by
horses while on board our horseboxes.
6.3.9 Not deface or suffer to be defaced the paintwork, body and coachwork of the
horsebox;
6.3.10 Bear the cost of the repair or rectification of any damage to the horsebox resulting
from negligence or improper use of the horsebox by you or any person who has used the
horsebox during the hire contract;
6.3.11 Keep the horsebox in good repair and condition, fair wear and tear excepted: (a)
Bodywork: dents or scratches , failure of colour matching where repairs have been made;
(b) Upholstery: stains, burns or tears in seats, headlining or carpets; (c) Mechanical: the
ramps,
partitions, engine, gearbox, clutch, axles, suspension
6.3.8 Not
carry more persons or animals than is recommended by the horsebox
manufacturers and at all times comply with all load and weight
restrictions as may apply from time to time in using the horsebox
6.3.12 Immediately give notice to us of the happening of any loss or damage to the
horsebox;
6.3.13 Indemnify us against all damage and neglect (whether caused by animals or
otherwise) to the horsebox or its contents arising from the breach of your obligations
under these terms (including your failure to return the horsebox and any of its contents
and accessories in good clean order and working condition) and you hereby authorise us to
charge such costs and expense against your credit card.
6.3.14 Keep the horsebox adequately secured at all times (including any outdoor lockers
and containers).
6.4 You shall be responsible for complying with any legislation or regulations governing
the use of the horsebox in the country and destination and for the payment of any duties.
6.5 Please note that smoking is STRICTLY PROHIBITED in any part of the horsebox.
7. Default
7.1 Any expense incurred by us in repossessing the horsebox or in recovering possession of
the horsebox on default of delivery by you under these terms will be reimbursed by you to
us on demand.
8. Ownership
8.1 The horsebox shall at all times remain the property of South East Equestrian Transport
and you shall have no rights to the horsebox other than as hirer and you shall not do or
permit or cause to be done any matter or thing whereby our rights in respect of the
horsebox are or may be prejudicially affected.
9. Return of the Horsebox
9.1 Unless we otherwise agree in writing, the return of the horsebox shall be made by you
returning it at our premises on or prior to the date agreed for the expiry of hire.
9.2 Please ensure that you return the horsebox on time and in accordance with these
terms. It is important that the horsebox is returned on time so that it can be prepared in
readiness for release to other customers.
9.3 In the event that you do not return the horsebox on time and in accordance with
these terms:-
9.4 A penalty payment of £50 will immediately become payable to us for each hour
between the agreed expiry of the hire and the actual time of return (subject to a
maximum daily penalty charge of £190)
9.5 The vehicle must be returned to us CLEANED, SWEPT and hosed out where necessary.
There will be a penalty of £50 if the horsebox is not cleaned out to our satisfaction. You
hereby authorise us to charge all such penalties against your credit card.
9.6 Please note that NO REFUND or other discount will be given where the horsebox is
returned early.
9.7 The horsebox must be returned with its tank full of diesel fuel. In the event that the
horsebox’s fuel tank is not returned full you hereby authorise us to fill the tank on your
behalf and charge the costs of such fuel plus a labour charge to your credit card.
10. Insurance
10.1 We shall insure and keep the horsebox insured (with an excess of £500) for the
period of your hire and there shall be no additional charges where your use of the
horsebox is to be restricted to the United Kingdom.
10.2 Only those persons named as drivers in the insurance proposal form may drive the
horsebox.
10.3 You shall remain solely responsible for insuring and keeping insured all personal goods
and possessions that do not belong to us or are otherwise provided by us at the
commencement of hire (including all horses and such other animals that we consent to
being carried in the horsebox and the transportation of the same)under an appropriate
insurance policy with suitable cover Contract of Hire South East Equestrian Transport,
1 Forestry Cottages, Stevens Crouch, BATTLE, EAST SUSSEX, TN33 9LR and with a reputable
insurer. Such insurance should include cover against the risk of loss or damage by fire,
theft, accident and other risks, including third party risks, as are normally insured against
in this respect.
10.4 In no event shall we be responsible to you for any loss or damage to personal goods or
possessions, horses and other animals and you hereby agree to indemnify us against any
loss, damage or injury to the horsebox (and any of its contents) (except for any caused by
our own negligence) in so far as it is not covered by a policy of insurance. Please note that
the insurance policy maintained by us in respect of the horsebox is subject to a £500
excess and you hereby authorise us to charge all sums not covered by a policy of insurance
to your credit card.
10.5 You shall not use or allow the horsebox to be used for any purpose not permitted by
the terms of the above policies of insurance or do or allow to be done any act or thing
whereby such insurance may be invalidated. The vehicle should not be used for hire and
reward.
11. Our Liability to you
11.1 We make no promises, whether express or implied, in relation to the accuracy of
information on our website and any material downloaded from our website is at your own
risk and we shall assume no liability for any loss or damage, whether direct or indirect,
arising from your use of that information or material.
11.2 Nothing in the these terms shall restrict our liability to you for:- (a) Death or
personal injury caused by our negligence; (b) Liability for defective products under the
Consumer Protection Act 1987; (c) Fraudulent misrepresentation.
11.3 In no event shall we be liable to you for any damages, including any lost profits or
prize funds, entry fees lost savings, loss of data or any indirect, special, incidental or
consequential damages arising out of the hire services even if we have been advised of the
possibility of such damages.
11.4 Our liability in respect of damage to your tangible property resulting from our
negligence shall be limited to the sum for which we carry insurance cover.
11.5 We shall not be liable to you or be deemed to be in breach of the contract by reason
of any delay in performing, or any failure to perform, any of our obligations in relation to
the hire services if the delay or failure was due to your breach of these terms or any cause
beyond our reasonable control. For example, matters beyond our reasonable control
would include (but would not be limited to):- (a) Your failure to provide us with payment
when properly due in respect of the hire services in accordance with these terms; (b) Your
failing to have valid and appropriate licences, including operators licences, consents,
permissions, membership and any other qualifications required for the use of the
horsebox; (c) Your providing us with incorrect or incomplete information.
11.6 In no event shall we be liable to you for any additional and/or consequential losses,
expenses or costs incurred as a result of you agreeing to accept a replacement horsebox in
accordance with these terms. For example, this would include (but would not be limited
to) matters such as additional ferry charges or road tolls arising from a larger horsebox
being hired.
12.
Indemnity
12.1 You agree to be fully responsible for all claims,
liability, damages,
losses, costs and expenses, including legal fees on a full indemnity basis, suffered or
incurred by or awarded against us and arising directly or indirectly as a result of any
breach or default on your part in the discharge of your obligations under this hire
contract.
13. Data Protection
13.1 We shall take all reasonable care to ensure that we comply with our obligations
under the Data Protection Act 1998 so that details of your order and payment are kept
secure. However, unless we are negligent, we shall not be liable to you for any
unauthorised access to information supplied by you.
13.2 We shall only use the information you provide about yourself for the purpose of
fulfilling your order, unless you agree otherwise. However, we would like to inform you
about other products and offers that may be of interest to you from time to time. If you
would like to be notified of these please tick the box below. You can correct any
information about you, or ask us for information about you to be deleted, by giving
written notice to us at the address above
13.3 Please read our Privacy Policy which sets out the purposes for which we intend to
process your personal data. Please contact us at the address shown above if you do not
already have a copy of our Privacy Policy.
14. Assignment
14.1 We shall have the right to assign or otherwise delegate all or any of our rights or
obligations under these terms upon notification to you.
15. The vehicle must not be used for Hire and Reward.
16. A deposit of £500 will be taken on commencement of the hire agreement by credit or
debit
card and will be refunded if the vehicles is returned undamaged.
Signed..........................................................................................................
Date........../.........../..........
Hirer
Signed.......................................................................................................... Date........../.........../..........