TERMS

Rental Terms and Conditions

1. Scope, contents of contract, jurisdiction

1.1 The following Standard Terms and Conditions of Gallivant Campers Limited (hereinafter referred to as the Rental Company“) apply exclusively. Terms and conditions of the Hirer which contradict or deviate from the Standard Terms and Conditions of the Rental Company will not be recognised. The Standard Terms and Conditions of the Rental Company will apply even if the Rental Company hires the Vehicle out to the Hirer without reservation, knowing that terms and conditions of the Hirer contradict or deviate from these Standard Terms and Conditions.

1.2 The sole subject of the contract with the Rental Company is hiring out of the Vehicle. The Rental Company is under no obligation to provide travel services, and in particular no package of travel services.

1.3 In the event of a booking, a rental contract will arise between the Rental Company and the Hirer(s) which is solely subject to Scottish law. The statutory provisions relating to travel contracts do not apply to the contract either directly or accordingly. The Hirer will organise his journey himself and make use of the Vehicle on his own responsibility. The rental contract is limited to a specific period as agreed.

1.4 All agreements between the Rental Company and the Hirer must be concluded in writing.

2. Minimum age, authorised drivers

2.1 The Hirer and any other driver must be at least 23 years old. The Hirer and any other drivers must have been in possession of a Class III / Class B or comparable national driving license for at least two years. The delivery of the Vehicle requires the presentation by the Hirer and/or driver(s) of the driver’s license and the valid identification card/passport at the time of taking possession. If a delay in taking possession occurs due to the non-presentation of said documents, such delay shall be at the expense of the Hirer. If such documents cannot be presented neither at the agreed time for taking possession, nor within a reasonable grace period thereafter, then the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall apply.

The Rental Company or the official authorities of the country may require the presentation of an international driver’s license (for non-EU citizens).

2.2 Please note that some of the Rental Company’s Vehicles have a total weight of more than 3.5 tons (Premium Group) and that to drive these Vehicles an appropriate driving license is required. Those in possession of a Class B driving license must consult the Rental Company about the engine size and the technically permissible total weight of the Vehicle rented. If, upon renting, a respective driving license cannot be presented, the Vehicle shall be regarded as not collected. In such case, there shall apply the respective terms of cancellation (see 4.2).

2.3 The Vehicle may only be driven by the Hirer and the drivers named at the time of hiring.

2.4 Drivers

- Age limits: 23 to 75 years. Driver must have held a valid license for more than two years

- Details of additional drivers required.

- Production of valid standard driver’s license required from all drivers at start of hire.

- Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire.

- Drivers must provide 2 separate forms of identification. i.e. utility bill (not older than 3 months), credit card and passport

- All drivers must be present

3. Hire charges and their calculation, rental period

3.1 The rental price payable is the one applicable for the rental period at the booked the rental station of the vehicle. The rental price is calculated in accordance with the price rate valid on the day of booking the vehicle for the reserved travel period. The minimum rental period set by the Rental Company shall apply. A one-off lump-sum service charge is levied for each rental. The amount is determined by the Rental Company and is shown in the price calculation on your rental contract.

3.2 The relevant relevant hire charge includes: In generally unlimited mileage; specials could have limited miles, extra miles will be charge according to the valid price list; and the Vehicle manufacturer´s mobility guarantee. The bicycle racks are not suitable for E-Bikes.

3.3 The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the Vehicle at the rental station and end when the rental station employee takes it back.

3.4 If the Vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the actual valid pricelist (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late must be borne by the Hirer.

3.5 If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the Vehicle can be hired out to someone else.

3.6 The Vehicle will be supplied with a full tank of fuel and LPG gas and must be returned in the same condition. Otherwise, the Rental Company will charge the diesel and LPG gas according to the valid price list. Fuel, LPG Gas and running costs during the rental period must be borne by the Hirer.

3.7 One-way rentals are only possible by prior agreement.

4. Reservations and changes to bookings

4.1 Reservations are only binding after they have been confirmed by the Rental Company as described in Subsection 4.2, and then only for Vehicle groups, not for Vehicle types. This will apply even if a specific Vehicle type is mentioned as an example in the description of the Vehicle group. The Rental Company reserves the right to upgrade the client to an equivalent or superior Vehicle.

4.2 To confirm the booking a deposit of 30% of the rental charge, with a minimum of GBP 300 must be paid. After receiving the payment, a booking confirmation will be sent to the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline written in the offer the Rental Company will cease to be bound by the reservation. Cancellation fees*:

- From the day of a confirmed booking until 60 days before the beginning of the rental period (Pick Up), we will charge a processing fee of GBP 100

- Between 59 and 50 days before beginning of rental 30 % of rental price but a minimum of GBP 100

- Between 49 and 15 days before beginning of rental 50 % of rental price

- Less than 15 days before beginning of rental 80 % of rental price

- At rental day / day of pick up or by no show 95 % of rental price

*It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent.

The cancellation must be made in writing.

4.3 Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least sixty days before the agreed commencement of the rental period, as long as the Rental Company has alternative capacity and the alternative booking corresponds in amount to the first. Rebooking is only possible in the same calendar year and at the same station, a change of station is not possible in case of rebooking.

Later changes of bookings are not possible. If the booked travel period is shortened/reduced, the above-mentioned cancellation conditions apply to the cancelled nights. Each rental amendment will be charged according to the valid price list. After conclusion of the contract the Hirer is not entitled to any changes with regard to begin of term of rental.

5. Terms of payment, security deposit

5.1 The predicted hire charge, calculated on the basis of the booking details, must be received at least 40 days before the commencement of the hire in an account of the Rental Company to be notified to the Hirer, free of any charges.

5.2 The security deposit of GBP 1000 must either be received together with the hire charge in the Rental Company’s account at the latest when the Vehicle is collected (MasterCard, Visa). Note the card holder must be a named driver. A payment of the deposit with Prepaid Credit Cards or cash is not possible. The Hirer has to pay the deposit.

5.3 In the case of short-notice bookings (less than 40 days before hire commencement) the total rental charge will be due immediately.

5.4 The Rental Company will reimburse the security deposit after the final rental account has been settled, as long as the Vehicle is returned as required. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.

5.5 If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.

6. Collection, return

6.1 Before driving the vehicle, the Hirer is under an obligation to take part in a detailed introduction to the Vehicle by the Rental Company’s experts at the collection centre. On that occasion, there is drawn up a detailed report (Pick Up) of delivery describing the condition of the Vehicle that is to be signed by both parties. The Rental Company is entitled to refuse to hand over the Vehicle until this introduction has taken place. If handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.

6.2 On returning the Vehicle, the Hirer is under an obligation to carry out a final examination of it together with rental station staff, with a written return report (Drop Off) to be prepared and signed by the Rental Company and the Hirer. Any damage not specified in the report of delivery that is detected upon return of the Vehicle shall be at the Hirer’s expense.

6.3 Regular vehicle handovers take place Monday to Friday in the afternoon; returns take place Monday to Friday in the morning. You can find your booked pick-up time in your booking confirmation. Pick up and Drop Off times as shown in the rental contract are binding. The exact times can be found on our website.

On Saturdays, collection and return are only possible by prior arrangement. This will incur an additional charge, to be agreed. The days of collection and return will be charged together as a single day, as long as a total of 24 hours is either not exceeded or only exceeded due to the fault of the Rental Company.

6.4 The Vehicles are delivered with a clean interior and are to be returned by the hirer in the same condition as are received. Should the interior not be in the same clean condition as received, the Hirer will be liable for the cleaning fee.

7. Prohibited use, duty of care

7.1 The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.

7.2 The Vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tyre pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the Vehicle is in a roadworthy condition.

7.3 All Vehicles are non-smoking Vehicles. This means that you may not smoke in any part of the Vehicle. Pets may only be brought along subject to the Rental Company’s explicit approval and payment of addition fees. Cleaning expenses caused by non-compliance with regulations must be borne by the Hirer. Any costs which may be incurred by deventilation or for elimination of contamination with smoke, including lost profits resulting from temporary non-availability of the Vehicle for hire owing to these circumstances, shall also be borne by the Hirer.

7.4 If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 und 7.3 can be provided, the Rental Company may terminate the lease without notice.

8. What to do in the event of an accident

8.1 After an accident, theft or damage by fire or collision with a wild animal, the police must be informed immediately and also the rental station (for Telephone Number see rental contract), at the latest immediately after the working day following the day of the accident/incident. It is not permitted to accept any third-party claims as valid.

8.2 Even in the case of very slight damage, the Hirer must prepare a detailed written report for the Rental Company, including a sketch. If, for whatever reason, the Hirer fails to draw up such report and if, because of that, the insurance company refuses to pay the damage, the Hirer shall be obliged to pay full compensation for the damage.

8.3 The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the registration plate numbers of all Vehicles involved and has to be over handed filled out and signed by drop off latest towards Rental Company.

9. Journeys abroad / European Travel

Journeys abroad within Europe are permitted subject to the prior approval of the Rental Company. Journeys to countries outside of Europe are subject to the prior approval of the Rental Company. Journeys to areas affected by war or crisis are prohibited.

10. Defects in the Vehicle

10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.

10.2 Any defects in the Vehicle or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Company in writing by the Hirer by returning of Vehicle. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect which is not patent.

11. Repairs, substitute Vehicle

11.1 Repairs which are necessary in order to maintain the Vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to GBP 150 without consultation. Repairs going beyond this may only be ordered with the consent of the Rental Company. The Rental Company will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tyre damage.

11.2 If a defect for which the Rental Company is responsible makes such a repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the Rental Company of the defect immediately and set a reasonable deadline for its repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be taken into account here to avoid disadvantage to the Rental Company.

11.3 If the Vehicle is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will be entitled to supply the Hirer with an equivalent substitute Vehicle within a reasonable period. If the Rental Company supplies an equivalent substitute Vehicle, any termination by the Hirer is excluded. If in such a case the Rental Company offers a Vehicle from a lower price class and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the difference between this and the price already paid in advance by the Hirer.

11.4 If the Vehicle is destroyed due to the Hirer’s fault or if it is foreseeable that its use will be prevented or made impossible for an unreasonably long period due to the Hirer’s fault, the Rental Company may refuse to make a replacement Vehicle available. In such a case, termination of the contract by the Hirer is excluded. If the Rental Company provides a replacement Vehicle, it can charge the Hirer with the transfer costs incurred.

12. Hirer’s liability, insurance

12.1 In accordance with the principles of a comprehensive motor insurance, the Rental Company will indemnify the Hirer from liability subject to an excess of GBP 1500 per damage to be borne by the Hirer in case of damage subject to full comprehensive motor insurance per case of damage. The respective excess cannot be excluded.

12.2 The indemnity against liability described in Subsection 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence.

12.3 If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:

- if loss/damage was caused by impaired ability to drive due to drugs or alcohol

- if the Hirer or a driver to whom the Hirer has supplied the Vehicle leaves the site of an accident without justification

- if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount

- if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount

- if loss/damage is due to usage prohibited by Subsection 7.1

- if loss/damage is due to a breach of an obligation imposed by Subsection 7.2

- if loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the Vehicle

- if loss/damage is due to a failure to take account of the Vehicle’s dimensions (height English Road Traffic Regulations, with English Road Traffic Regulations or equivalent country signs.)

- if loss/damage is due to a failure to comply with load regulations

- if damage is caused by the use of the wrong fuel (Incorrect refuelling), if water or oil is not refilled and warning indicators in the vehicle have been disregarded; the insurance does not cover the damages. This also counts for interior damages and incorrect operation of for instance awning, water and fuel tank.

12.4 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Company will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.

12.5 Personal property of the Hirer, which is damaged – or lost – as a result of an accident or theft is not insured.

12.6 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the Vehicle, unless these are incurred due to the fault of the Rental Company. The Rental Company reserves the right to deduct the fees, charges, fines and penalties from the clients’ credit card. Additional handling charges are subject to the displayed pricing lists at the rental stations.

12.6 More than one Hirer will be generally and severally liable.

13. Rental Company’s liability, expiry by limitation

13.1 The Rental Company bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence the Rental Company is only liable for foreseeable loss/damage typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.

13.2 Claims which are not excluded according to paragraph 13.1 but were only limited in scope shall become statute-barred within a year of the end of the year of the claim being created and the circumstances justifying the claim and the debtor’s identity being disclosed to the creditor or the creditor, without gross negligence, being considered to be aware of such circumstances or identity. With the exception of claims for damages which are based on loss of life, physical injury, health hazards or the loss of freedom and claims based on the product liability act, claims for damages shall become statute-barred – with no consideration being given as to whether the creditor was aware of the circumstances and identity or, without gross negligence, should have been aware of such circumstances and identity – within five years of the end of the year in which the claim was created.

13.3 The Rental Company's Terms and conditions apply. These are provided at the rental station during Pick Up and are published on our website. Additional price lists are published in each Rental Station.

14. Storage and forwarding of personal data

14.1 The Hirer agrees to the Rental Company storing personal data.

14.2 The Rental Company may forward these data via the central warning ring to third parties with a justified interest if the statements made in the rental are incorrect in essential points or the rented Vehicle is not returned within 24 hours of the expiry of the rental period (also extended, if need be) or if rental claims have to be made in judicial reminder proceedings or cheques presented by Tenant are not honoured. In addition, the data can be forwarded to all the authorities responsible for prosecution of offences against public order and criminal offences in the event of Tenant actually behaves dishonestly or sufficient indications here for existing. This is done, for example, in the event of wrong information for the rental, presentation of forged personal documents or such reported as having been lost, failure to return the Vehicle, failure to notify a technical defect, road traffic offences or similar.

15. Tracking System

The Rental Company´s Vehicles may be equipped with Tracking Systems.

16. Passengers

The Rental Company authorises the use of these Vehicles up to the stated number of passengers. Each person to use the safety restraints provided at all times whilst Vehicle is in motion.

17. Change of Vehicle

The Rental Company reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle. In that event, I shall not be liable for any increased rental or other charges save for any addition running costs pertaining to the substitute Vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.

18. Release and indemnity of the Rental Company

18.1 Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, the Hirer release to the Rental Company, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:

18.2 Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;

18.3 Any loss or damage to any property left in or on the Vehicle, in any service Vehicle or on any the Rental Company´s premises or recovered or handled by the Rental Company.

Subject to any insurance arrangements agreed with the Rental Company, I hereby indemnify and shall keep indemnified the Rental Company, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle. Subject to any insurance arrangements agreed with the Rental Company, I hereby indemnify and shall keep indemnified the Rental Company, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle.