HAYNES HORSEBOX HIRE TERMS & CONDITIONS

Haynes Horsebox Hire asks you to please read these terms & conditions carefully before placing your order, sign a copy and keep a copy for yourself. IF YOU HAVE ANY QUESTIONS OR QUERIES IN RELATION TO THESE TERMS PLEASE CONTACT Tom Haynes on 07500 123312 or email . Thank you.

Formation of the Contract
1.1 We are Haynes Horsebox Hire, Bush House Farm, Chiseldon, Swindon, Wiltshire, SN4 0HS. These terms shall apply to the hire of the horsebox and all services that we supply to you.
1.2 Our contract begins when you pay a deposit or the full hire cost. All bookings will be confirmed by email.
1.3 The contract shall be subject to your right of cancellation (see below).
1.4 We have the right to change these terms without notice to you in relation to any future hire provided that we shall notify you of any such changes a reasonable time prior to any further hire by you.

Description and Price of the Hire Services
2.1 The description and price of the hire services will be as shown on our website and/or in our quotation already provided to you at the time that you place your order.
2.2 The horsebox is subject to availability at the time of your order. If, after acceptance of your order, the horsebox you have ordered is not available, we shall inform you immediately, and refund all monies in FULL at the date of cancellation.
2.3 We try our best to make sure that prices shown in our quotation are accurate at the time you place your order. However, if a mistake has been made we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling. If you decide to cancel, we shall refund you in FULL for any sum that has been paid by you.

Payment
3.1 Payment can be made by BACS or Paypal.
3.2 A deposit of £200 is required to secure the hire. This deposit will be returned to you, provided inspection of the condition of the vehicle is satisfactory, within 24 hours of its return to Haynes Horsebox Hire.
3.3 All outstanding sums in respect of the cost of the hire must be paid at least five days before collection or the start of the hire. The full hire fee is non-refundable if cancelled less than five days before your booked date. However, five days before your booked date you may re-book for a different date (subject to availability) using monies already paid, otherwise the hire fee is non-refundable.
3.4 The horsebox will not be made available to you until we have received cleared funds on all sums due for the hire service.
3.5 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.

Collection
4.1 The hire period will commence on the date on which the horsebox is to be collected by you as agreed on the email confirmation.
4.2 We will use all reasonable endeavours to have the horsebox available for collection on the date and time agreed on the confirmation email but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our control.
4.3 Prior to the release of the horsebox, you need to provide us with the following forms of identification in respect of each proposed driver:
• Valid UK Drivers Licence (copy of both sides) – photo card
• Valid DVLA Code – to allow access to the online version of your licence
• Two letters for proof of address to match the address on driving license (utility bill, bank statement, council tax bill) dated within last 90 days
• Or proof of Identity (Passport, other photographic ID)
• Drivers must be age 22 or over. For drivers age 22 and above an £700 excess applies in the event of an insurance claim. For drivers age 25 and above an excess of £500 applies in the event of an insurance claim.
• Drivers must have no more than 6 points on their licence.
4.4 Notwithstanding payments made to us, the horsebox will not be made available to you until we are reasonably satisfied with your forms of identification. Photocopies will be taken and held on file for 12 months in accordance with Millins Self Drive Insurance policy.

Your right to cancel
5.1 Your booking fee is non-refundable if cancelled less than five days before the hire date. If more than five days before a hire, bookings and deposits already paid can be transferred to another date (subject to availability) at no extra cost. Bookings cancelled less than five days before the hire date are non refundable.
5.2 Cancellations must be made in writing by email or Facebook message.
5.3 We reserve the right to cancel the contract at any time and have the horsebox returned immediately without notice and will not be held liable for any costs or damages caused by the termination of the contract without notice.

Our promise to you
6.1 The hire services will be performed by us with all reasonable skill and care and to a standard of quality that is reasonable for you to expect.
6.2 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.
6.3 Any complaints about the hire services should be made in writing at the address above.
6.4 During the hire contract:
6.5 No repairs or maintenance should be made without Haynes Horsebox Hire authorisation.
6.6 In the event that the horsebox becomes temporarily un-roadworthy (other than as a result of accident damage, theft or vandalism) we will inform you as soon as possible and refund your monies in FULL. If at any time when driving the horsebox you feel that something is not right or not working as it should, please return as soon as possible to our location to prevent further possible damage and or breakdown. You will receive a full refund.
6.7 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

Your obligation to us
7.1 You shall obtain and ensure the adequacy and accuracy of 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 horsebox.
7.2 All drivers must be between the ages of 22 and 75 years and must have held a full unendorsed UK or EC driving licence for a period of at least 2 years prior to the proposed date of commencement of hire. Drivers must have had 1 year recent regular vehicle driving experience. Non‐British Subjects must have had at least 3 years recent regular vehicle driving experience in the UK. Drivers must have no more than 6 points on their licence.
7.3 Drivers must not have any mental or physical infirmity, unless such a condition has been declared to and accepted by the DVLA, not have had any insurance declined, cancelled, renewal refused or special terms imposed, have had no more than one driving accident in the last 3 years.
7.4 Foreign Service Personnel, Professional Entertainment or Theatrics, Undergraduates or Students under 25 years of age are excluded from hiring the horsebox.
7.5 All drivers need to complete the Millins Self Drive Insurance questionnaire.
7.6 Drivers must be aged 22 or over. For drivers aged 25 and above, in the event of an insurance claim a £500 excess is required to be paid by the driver. For drivers aged 22 and above an insurance excess of £700 applies in the event of a claim.
7.7 During the hire contract, you agree to:
7.7.1 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.
7.7.2 The fuel tank will be full of diesel when you collect the horsebox. We ask you to fill it back up to the top when you return the box. If you run out of time we can do that for you at an extra cost of £10 plus the cost of the fuel.
7.7.3 Indemnify us against all fines, penalties and liabilities payable by us by virtue of your 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.
7.7.4 Not take or allow the horsebox to be taken out of England, Wales or Scotland.
7.7.5 Collect and return the horsebox to us at the times agreed.
7.7.6 Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part thereof not attempt or purport to do so.
7.7.7 Not remove or interfere with any identification marks or plates affixed to the horsebox.
7.7.8 The horsebox is not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law
7.7.9 Use all partitions and such other equipment for the sole transportation of equine animals.
7.7.10 Not carry more persons or equine animals than is recommended by the horsebox manufacturers and at all times comply with all load and weight restrictions. Should the horsebox be confiscated due to overloading all fines, charges and lost revenue will be charged to the hirer.
7.7.11 Bear the cost of the repair or rectification of any damage to the horsebox resulting from negligence, improper use or damage to the horsebox by you or any person who has used the horsebox during the hire contract
7.7.12 Keep the horsebox adequately secured at all times (including any outdoor lockers).
7.7.13 In the event of theft, the client expressly agrees to pay the Company on demand fair market value of replacing the vehicle, administration fees plus loss of revenue should the client fail to remove the immobiliser, secure the vehicle or misplace the keys which results in the vehicle being stolen. If the vehicle is stolen the client must report the vehicle stolen immediately to the company and the police and obtain a crime reference number.
7.7.14 Please note that smoking is STRICTLY PROHIBITED in any part of the horsebox.
7.8 For the avoidance of doubt any and all animals transported in the horsebox shall be carried at your risk and you should have appropriate insurance cover in place as to the same. Each horse transported should have its own insurance which should cover any damage caused to our horsebox by the horse or pony. Haynes Horsebox Hire self drive insurance covers the vehicle but not the horses being transported. All equines travelling must be accompanied with their own up‐to‐date passport.
7.9 Under no circumstances do we permit the hirer to sublet or use our horsebox for the purpose of hire and reward. If the vehicle is found to have been sublet whilst on hire, the insurance will become null and void and the hirer will be liable for any accident, damage, or liability in every case. Haynes Horsebox Hire may under such circumstances refer the matter to the police.

Default
8.1 We may, upon any breach by you of any of the provisions of this hire contract by notice in writing terminate this contract and upon that happening this contract and the hiring constituted by it shall determine and you will no longer be in possession of the horsebox with our consent and subject to our right to take possession of the horsebox and to recover from you our recoverable losses and to any pre-existing liabilities to us, neither party shall have any rights against the other.
8.2 Any expenses 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.

Ownership
9.1 The horsebox shall at all times remain the property of Haynes Horsebox Hire and you shall have no rights to the horsebox other than as hirer. 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.

Return of the horsebox
10.1 On termination of the hire you shall no longer be in possession of the horsebox with our consent and shall (unless we otherwise agree) return the horsebox to us at our premises in good clean order and working condition and at your expense and risk.
10.2 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 time and date agreed for the expiry of hire as agreed on the order confirmation.
10.3 Please make sure that you return the horsebox on or before the date and time as provided for in the booking email and in accordance with these terms.
10.4 In the event that you do not return the horsebox on time and in accordance with these terms:
10.4.1 an extra payment charge of £20 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 £180): and 10.4.2 you shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against us and arising from your failure to return the horsebox in accordance with these terms.
10.5 You are hereby liable to pay all charges due immediately either by BACS or Paypal.
10.6 There is no discount or refund if the horsebox is returned early.
10.7 The horsebox must be returned in the same state as the start of the hire with the fuel tank full of diesel. If you are not able to top the fuel back up Haynes Horsebox Hire can do that at a cost of £10 plus the cost of the fuel. In such incident that the hirer should refuel with the wrong fuel they will be responsible for all costs including the emptying, replacement of diesel and any mechanical service requirements including all labour and parts.

Insurance
11.1 The horsebox is insured under a fully comprehensive policy against loss or damage to 80% of its replacement value (with an excess payable by the hirer of £500/ £700 for drivers under the age of 25) for the period of your hire.
11.2 Use of the horsebox is restricted to England, Wales and Scotland.
11.3 Only those persons named as drivers on the insurance form which you will need to complete and sign before the hire begins are allowed to drive the horsebox.
11.4 Please note that the use of the horsebox beyond the agreed period of hire is not covered by the above insurance policy and you hereby agree to indemnify us against 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 from your failure to return the horsebox on time and in accordance with these terms.
11.5 You are responsible for insuring and keeping insured all personal goods and possessions that do not belong to us at the commencement of hire.
11.6 In no event shall we be responsible to you for any loss or damage or injury to personal goods or possessions, equine animals and other animals or yourselves 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.
11.7 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.
11.8 In case of accident, you shall, make sure that:-
(a) You will notify us of the accident and in any event immediately after the accident.
(b) The driver of the vehicle must complete and deliver to us the relevant accident report within 24 hours after the accident.
(c) No admission of liability is to be made to any person in relation to such accident.
(d) Any writ or summons or other document relating to any proceedings arising out of such accident is forthwith delivered to us.
(e) All assistance is rendered to us and our insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing committing such proceedings to be brought by us in the name of you and defending any proceedings brought against us.
(f) You shall forthwith 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 horsebox or its use and which are not recoverable under the policy of insurance.
(g) The names and addresses of all witnesses thereto are collected and given to us.

Overseas travel
12.1 Haynes Horsebox Hire is unable to allow our horsebox to be taken to any jurisdiction outside England, Wales and Scotland.

Our Liability to you
13.1 We make no promises, whether express or implied, in relation to the accuracy of information supplied by us and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
13.2 Nothing in 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
13.3 In no event shall we be liable to you for any damages, including any lost profits or prize funds, 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.
13.4 Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry comprehensive insurance cover
13.5 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 service in accordance with these terms
b. your failing to have valid and appropriate licence consents, permissions, membership and any other qualifications required for the use of the horsebox
c. you providing us with incorrect or incomplete information.
13.6 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.
13.7 You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the hire services on an economic basis without such limitations.

Data Protection
14.1 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.
14.2 We shall only use the information you provide about yourself for the purpose of fulfilling your order unless you agree otherwise.

Assignment
15.1 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. Should you have any questions concerning these terms you may contact Haynes Horsebox Hire at the address, phone number or e-mail address shown on covering correspondence. I have read, agree and fully understand the terms & conditions of this hire agreement