TERMS & CONDITIONS
Trailer hire terms and conditions please read these terms carefully and keep a copy of these terms for future reference.
1. formation of the contract
1.1 We are Lancaster Trailer Hire. These terms shall apply to the hire of a trailer 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. Availability, description and price of the hire services
2.1 All trailers are subject to availability at the time of your order. If between receipt of your order, and the commencement of your hire the trailer you have ordered becomes unavailable, we shall inform you, and arrange an immediate refund of all sums paid to us in respect of the hire period. We cannot accept responsibility or pay any compensation, costs or expenses where the performance of your contract with us is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond our reasonable control. This includes, but is not limited to, any delays to and/or restrictions to your hire to which you may be subject. However, if your booking has to be cancelled as a result, we will provide a full refund as described above, and we shall be under no further liability in this regard.
2.2 We shall make every effort to ensure that prices and descriptions are 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 Cancellation
3.1 An initial, non-refundable deposit of 50% of hire charges will be required to confirm a booking. This will be forfeited in the event of the hirer’s cancellation, or failure to provide full payment or documents required in accordance with these terms and conditions.
3.2 The remaining 50% of hire charges are payable prior to the start date of your hire, or at the time of booking if you book less than one week prior to the start date of your hire complete with a damage waiver deposit of £200. If using a card for your damage waiver deposit pre-authorisation then, unfortunately, we cannot accept Maestro, Solo and Visa Electron, we can accept all other cards, Credit/Debit Cards, BACS transfer and cash are the only acceptable methods of payment, we do not accept cheques.
3.3 Please note that the trailer 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, and the correct documentation.
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 trailer 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 All cancellations must be notified by email to, info@lancastertrailerhire.co.uk but please call Lancaster Trailer Hire immediately to inform us as this will improve the chances of rehiring the trailer. If notification of your cancellation is received more than one week before the start date of your hire, you will be refunded in full any monies paid.
3.6 If notification of your cancellation is received less than one week before the start date of your hire, all monies paid and due are not refundable and you are still liable for any sums not yet paid. However, we will endeavour to rehire the trailer and if we are able to do so you will be refunded your initial deposit less any administration costs we deem fair.
4. Collection
4.1 Unless we otherwise agree, collection of the trailer shall be made by you from the agreed depot, and on the date and at the time agreed for the commencement of hire. Our opening times are
MONDAY – FRIDAY:- 07.30-17.00
SATURDAY:- 07.30-13.00.
WE ARE CLOSED SUNDAYS AND BANK HOLIDAYS.
4.2 The hiring of the trailer will commence on the date and time on which the trailer is to be collected by you as agreed.
4.3 We will prepare a Hire Agreement form, which will specify the precise details of the trailer. At the time of collection of the trailer, you will be required to sign the form to confirm your acceptance of the trailer. Please ensure that you have read the form carefully and checked all inventories and other specifications against the trailer before signing and thereby accepting the trailer.
4.4 We will use all reasonable endeavours to have the trailer available for collection on the date agreed, but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control.
4.5 Prior to the release of the trailer, you shall be required to provide us with the following original documents in respect of the proposed driver of the towing vehicle:-
-Current driving licence(both parts) for the hirer
- A recent utility bill(not older than three months from date of hire) containing details of the hirer's current residential address.
- V5 registration document for the vehicle being used to tow the vehicle. This should also be in the name of the hirer.
Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the trailer will not be made available to you until we are reasonably satisfied with your forms of identification and the trailer will not be released until all such documents have been produced in accordance with these terms.
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 trailer 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 address or e-mail address on our website.
6. Your obligations to us
6.1 You shall obtain, and ensure all necessary documentation and valid licences to legally tow our trailer.
6.2 Ensure the trailer is always left locked onto the towing vehicle or secured using the supplied wheel clamp and hitch locks.
6.3 Agree to drive the towing vehicle in a careful and skilful manner, in accordance with all legal requirements, and in accordance with the instructions provided.
6.4 Indemnify us against all fines, penalties and liabilities payable by us by virtue of your hire and/or use of the trailer 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 trailer.
6.5 Accept liability for the full value of the trailer whilst on hire. It is your responsibility to ensure the tow vehicle insurance covers risks of theft, loss, or damage to the trailer or to take out additional insurance as required.
6.6 Agree to pay us repair/replacement costs up to the full value of the trailer within 14 days from the date of return. For each day after this, the Owner has the right to charge the Hirer a full days hire charge for each day until the value of the trailer is paid in full. In the event of damage or theft, your damage waiver deposit will be forfeited.
6.7 Not take or allow the trailer 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.
6.8 Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the trailer or part thereof nor attempt or purport to do so.
6.9 Not remove or interfere with any identification marks or plates affixed to the trailer.
6.10 Take all necessary steps at your own expense to retain and recover possession and control of the trailer of which you lose possession or control.
6.11 A number plate is a legal requirement and must be purchased prior to the hire, clips are provided on the trailers. Trailers are not to be written on or have items stuck to them.
6.12 The Hirer agrees to pay Lancaster Trailer Hire the full costs of any repairs or replacement parts of the trailer should the trailer be damaged or have parts stolen from it during the period of hire. These repairs/parts shall be undertaken/supplied by an authorized Ifor Williams or Brian James agent and charged accordingly.
6.13 A spare wheel is supplied and the Hirer is responsible for the replacement costs to any tyres damaged/failed/punctured during the hire period.
6.14 Any damage must be reported to Lancaster Way Trailer Hire immediately via phone or email so replacement parts/repair can be arranged.
7. Default
7.1 Any expense incurred by us in repossessing the trailer or in recovering possession of the trailer on default of delivery by you under these terms will be reimbursed by you to us on demand.
8. Ownership
8.1 The trailer shall at all times remain the property of Lancaster Trailer Hire and you shall have no rights to the trailer 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 trailer are or may be prejudicially affected.
9. Return of the Trailer
9.1 Unless we otherwise agree in writing, the return of the trailer shall be made by you returning it at our premises on or prior to the DATE and TIME agreed for the expiry of hire.
9.2 Please ensure that you return the trailer ON TIME and in accordance with these terms. It is important that the trailer 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 trailer ON TIME and in accordance with these terms: -
9.4 A penalty payment of £25 will immediately become payable to us for each hour period between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of twice the daily rental rate for that trailer).
9.5 The trailer must be returned to us CLEANED, SWEPT and HOSED out where necessary. There will be a penalty of £25 if the trailer is not cleaned out to our satisfaction. You hereby authorise us to charge all such penalties against your credit/debit card.
9.6 Please note that NO REFUND or other discount will be given where the trailer is returned early.
10. Our Liability to you
10.1 We make no promises, whether express or implied, in relation to the accuracy of the 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.
10.2 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.
10.3 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. Indemnity
11.1 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.
12. Data Protection
12.1 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.
12.2 We shall only use the information you provide about yourself for the purpose of fulfilling your order unless you agree otherwise.
13. Applicable Law
These Terms and Conditions are governed and construed in accordance with English Law and the English Courts shall have exclusive jurisdiction in the event of any disputes arising in connection with these Terms and Conditions and you and Lancaster Trailer Hire agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
DECLARATION I have read, understand and agree to the above terms and conditions of hire.
Hirer’s Signature _____________________________________________
Date ____________________
Hirer’s Name __________________________________________________________
Signed on Behalf of Lancaster Trailer Hire _____________________________________________
Date ____________________