Motorhome Hire UK Terms & Conditions
Head Office Address:
Motorhome Hire UK
Fairways, Toft Road, Bourn, Cambridge, Cambridgeshire, CB23 2TT
Company Registration Number 4306649
Please read carefully. We will be pleased to clarify, in writing, any point on which you may have a query.
Your Agreement with Us – Standard Terms and Conditions
1. Our appointment as your agent
1.1. You appoint Motorhome Hire UK as your letting agent to promote, arrange and accept campsite bookings from motorhome hire customers who wish to book your campsite, and we hereby accept the appointment on these Terms.
1.2. When you accept a campsite booking, a legally binding contract for the campsite will be entered into directly between you and Motorhome Hire UK.
(hereinafter referred to as the "Booking Conditions").
1.3. The Agreement commences on the date the supplier form is completed and remains in effect until you or we end it pursuant to these Terms.
2. Our Services
2.1. We will use our reasonable endeavours to provide the following services to you (the“Services”):
2.1.1. market and advertise the Campsite including listing it on our applicable websites;
2.1.2. negotiate and provide bookings for the Campsite on your behalf;
2.1.3. arrange for the collection of payments from motorhome hire customers and, pay you your total fee the month before the holiday is due.
2.1.4. manage the price payable for bookings, which will be determined by the low, mid and high season nightly prices you supply to us in the supplier form.
3. Marketing and advertising materials we use
3.1. We will produce any artwork and copywriting that is included in our marketing material, websites and social media pages. This content is owned by us. ‘Motorhome Hire UK’ are registered trademarks of Motorhome Hire UK and no permission is given by us for their use (including any search enginemarketing).
3.2. We may use material provided by you when providing our Services. By providing material to us (including any photographs, descriptions or videos) you grant to us, and any third parties we authorise, an unlimited, non-terminable and free permission to modify and use your materials for any purpose connected with providing our Services. You promise that:
3.2.1. you have the right to permit such use of your materials;
3.2.2. use of your materials will not infringe any copyright of anyone; and
3.2.3. any information contained in the materials you provide is true, complete and up-to-date.
4. Your Campsite and responsibilities
4.1. You promise to us that at the Start Date and throughout the duration of the Agreement:
4.1.1. there are no restrictions on you providing the Campsite to motorhome hire customers in accordance with these Terms and/or the Booking Conditions.
4.1.2. you will comply with (and make sure the Campsite complies with) any guidelines or policies we provide to you from time to time and all applicable laws and regulations (in particular, relating to fire, health, safety, utilities, planning and data protection).
4.2. You will promptly provide written updates or changes to the information you provide to us about you or the Campsite and you must notify us promptly if there are any alterations to the Campsite (however minor) which would make our descriptions of the Campsite inaccurate, incomplete or misleading. If a motorhome hire customer cancels a booking in accordance with the Booking Conditions as a result of such changes, you are liable to pay the booking cancellation fees set out in paragraph 7.6.
4.3. You will notify us if you intend to sell the Campsite and will work with us to ensure all bookings prior to the date of sale are fulfilled.
4.4. You will ensure the Campsite pitch is vacant when provided to motorhome hire customers and
they have access to the Campsite for the full booking period.
4.5. You will ensure the Campsite is clean, tidy, in good repair and maintained to
any standard required by these Terms, the Booking Conditions and/or the
guidelines or policies we provide to you. Where we notify you that the quality
or specification of the Campsite does not comply with these requirements,
you must use all reasonable efforts to address the issues we raise within a
timely manner or within a timescale agreed with us.
4.6. Regarding each contract between you and motorhome hire customers you will:
4.6.1. comply with all your obligations under the Booking Conditions and promptly notify us if you are aware of any breach of those conditions by you or by a motorhome hire customer;
4.6.2. you will notify us in writing of any terms you wish to include in the Booking Conditions for the Campsite
4.7. You are responsible for all applicable taxes(whether local or national) relating to the Campsite and/or any amounts you receive from us.
4.8. We may from time to time require information about or access to the Campsite to check you have complied with these Terms. You agree to grant us and our agents access to the Campsite on reasonable notice to inspect the Campsite. You also agree to promptly provide to us any information we may reasonably require in connection with the Agreement and the Campsite (for example information regarding health and safety, gas safety certificates, or fire risk assessment).
4.9. You will at all times comply with your obligations under applicable data protection and privacy laws. We will share with you personal information about the motorhome hire customers making bookings and, where provided, any additional details. You must only use such personal information for the purposes of fulfilling your obligations under the Booking Conditions and these Terms. You must notsend (or instigate the sending of) any marketing communications to motorhome hire customers (by email, telephone, text or otherwise) and you may not sell or share that personal information with anyone else.
4.10. You agree that you will compensate us in full for losses or liabilities we incur (directly or indirectly) that arise out of any:
4.10.1. request or demand by HM Revenue and Customs (or equivalent or similar tax authority overseas) that we pay tax on amounts we receive in connection with you or the Campsite; and/or
4.10.2. any claim, action or legal proceedings brought (or threatened to be brought) against us by any person (other than you) in connection with the Campsite (including any claim, action or legal proceedings relating to health and safety and other applicable laws and regulations relating to the Campsite).
5.1. We may make changes to the Booking Conditions from time to time by notifying you, by post or by email. If the changes are not material and do not
adversely affect your rights or obligations, we may notify you by posting the amended Booking Conditions to our relevant website. Such changes:
5.1.1. will take effect 7 days after the date of our notice or the date on which we post the amended Booking Conditions on our website; and 6.1.2. do not apply to any bookings accepted by us prior to the date on which the changes take effect, unless such changes we make are to reflect changes in relevant laws and regulatory requirements in which case they will apply to every existing and future booking for the Campsite and they may take effect sooner (provided we notify you of the relevant date).
5.2. Unless we agree a fixed term agreement to end on a certain date, the Campsite will be available at any time for booking notifications by motorhome hire customers through us for a period of up to 24 months in advance. This will not affect your rights to end this Agreement in accordance with these Terms, provided you comply with your obligations under these Terms and the Booking Conditions.
5.3. The campsite nightly price offered to motorhome hire customers during this 24 month period is calculated by us and automatically. After 12 months we will give the campsite the opportunity to review there season rates.
5.4. We reserve the right to charge and collect from motorhome hire customers a booking fee, card or payment surcharges and, if applicable, fees for any additional services we offer from time to time in addition to the rental price they pay for their use of the Campsite.
6. Cancellation of bookings
Bookings cancelled by a motorhome hire customer
6.1. If a motorhome hire customer cancels a booking, you will be entitled to receive (or retain) any part of the rental payment we have received for that booking (less any deductions we are entitled to keep under these Terms) unless the motorhome hire customer is entitled under the Booking Conditions to cancel a booking and to receive a full or partial refund of the rental price (for example, if you have done something wrong and not complied with your obligations under the Booking Conditions), in which case you shall immediately return to us any amounts you have received in respect of the cancelled booking and you will have to pay the booking cancellation fee set out at paragraph 7.6.
Bookings cancelled by you
6.2. You may not cancel a booking unless you are permitted to do so under the Booking Conditions. If you cancel a booking for any reason you shall pay us the booking cancellation fees set out at paragraph 7.6 below.
Bookings cancelled by us
6.3. We may stop accepting bookings for the Campsite or cancel one or more bookings if:
6.3.1. the Agreement has been ended by us (in accordance with paragraph 14);
6.3.2. we become aware of any health and safety or quality-related issue with the Campsite or its immediate surroundings;
6.3.3. you break the terms of the Agreement or the Booking Conditions. If we cancel a booking for any of the reasons outlined in this paragraph 7.5, you are still required to pay us the applicable booking cancellation fees set out in paragraph 7.6 below.
Booking cancellation fees
6.4. If a booking is cancelled and you are required to pay the booking cancellation fee under paragraphs 4.2, 7.1, 7.3, 7.5 and/or 14.3, you shall pay to us the total aggregate sum of:
6.4.1. all monies you have received in respect of that cancelled booking;
6.4.2. the booking cancellation fee (specified in the Key Terms Page) for the cancelled booking;
7. Your booking allowance and Campsite availability
7.1. As part of the agreement your campsite, you can select a closed period, you must allow a minimum of 3 nights. The Campsite must be available for bookings during this period, which the Campsite owner can then accept or decline.
8. Payments we make to you
8.1. We will transfer to you the campsite booking price we have set out in your season nightly prices for bookings of the Campsite.
8.2. We will transfer amounts payable to you on at the end of the month prior to the booking commencement or if booking is made within the month booking will be made at the end of the month by BACS transfer (or such other automated transfer system as we may choose from time to time) using account details you provide to us.
8.3. If an event occurs which entitles us to end the Agreement immediately under paragraph 14.2 or we reasonably believe that such an event may occur then, without prejudice to any other rights or remedies we may have, we may not pay you the rental price we receive from motorhome hire customers in the manner prescribed in paragraphs 9.1 and 9.2 above. Instead, we will hold monies received from motorhome hire customers in respect of bookings and make payment to you after the relevant holiday has been completed. We will notify you if we
intend to exercise this right. Monies released following completion of the relevant holiday shall be noted in the monthly statement we provide to you in accordance with paragraph 9.6 and paid accordingly.
8.4. Each month, we will make available via email a written monthly statement setting out details of:
8.4.1. all campsite booking and payment due for these bookings
If you think a statement is wrong please contact us promptly.
9. Complaints and queries
9.1. You must respond to queries and complaints made by a motorhome hire customer and use your best efforts to resolve them. You shall ensure a representative is available to attend the Campsite on short notice at reasonable hours to resolve issues or complaints.
9.2. For complaints made directly to us, we may (but are not obliged to) try to resolve the complaint and you will provide reasonable co-operation and assistance, if required. We reserve the right to offer motorhome hire customers compensation (in full and final settlement of any claims against you and us) of up to 20% of the rental price. If a motorhome hire customer accepts any offer of compensation we make in accordance with this paragraph 11, you agree we can settle such complaint on your behalf and you will reimburse us for any amounts we pay to the motorhome hire customer.
9.3. Even with the process in paragraph 11.2, you are solely responsible for dealing with all complaints and queries. Where we do not agree with the motorhome hire customer to settle the complaint, we will be entitled to provide them with your contact details to deal with you directly.
10. Our responsibility for loss or damage suffered by you
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors,
For fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Services (where it is unlawful to exclude or limit such liability).
10.2 If you are a consumer then (subject to our obligation to transfer the campsite booking price we receive from motorhome hire customers to you in accordance with paragraph 9.1):
10.2.1. we will not be liable for any liabilities or losses suffered by your business; and
10.2.2. if you use the Services for commercial or business purposes we are not liable to you for any loss of profit, loss of business or business opportunity or business interruption (whether foreseeable or not foreseeable).
10.3. If you are a company or business entering into the Agreement and you are not a consumer, then (subject to paragraph 12.2 and to our obligation to transfer the campsite booking price we receive from motorhome hire customers to you in accordance with paragraph 9.1):
10.3.1. we shall not be liable to you or any third party (whether in contract, tort including negligence or otherwise) for loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill (in each case whether direct, indirect or consequential) and/or any consequential, indirect or special losses; and
10.3.2. our total aggregate liability under or in connection with the Agreement for all liabilities, losses, expenses, damages, claims and/or interest (whether in contract, tort including negligence or otherwise) shall in no circumstances exceed the total commission received by us for our Services in the calendar year in which you make a claim.
11. Your rights to end this agency relationship
11.1. You may end this Agreement by giving us no less than 6 months' written notice, provided that:
11.1.1. such notice may not expire prior to the end of the Initial Availability Period set out in the Key Terms Page, during such time the Campsite shall remain
available for bookings; and
11.1.2. the Campsite shall also remain available for bookings during the 6 months' notice period.
11.2. You may also end the Agreement in the following circumstances:
11.2.1. If we commit any serious breach of the terms of the Agreement and either that breach is not capable of being put right or, if the breach is capable of being put right, we do not do so within 30 days after receiving a written notice from you asking us to do so; or
11.2.2. If you do not agree to any amendments to the Booking Conditions that we make, you may end any Agreement with us to which those changes apply.
11.3. If you have notified us that you wish to end the Agreement for any reason we will not take any new bookings from motorhome hire customers for any dates after the date the Agreement is due to end. However, if prior to receiving your notification we have already taken bookings for any dates that fall within the 12 month period after the date we receive your written notification, you agree to honour such bookings made with motorhome hire customers in accordance with the Booking Conditions and these Terms (which shall apply to any such bookings). If prior to receiving your notification we have already taken bookings for any dates that fall after that 12 month period we will cancel the relevant bookings with motorhome hire customers
12. Our right to end the Agreement
12.1. We may end the Agreement (including during any Initial Availability Period) by giving you no less than 3 months' written notice.
12.2. We may also immediately end the Agreement (including during any Initial Availability Period) by giving written notice to you if any of the following events occur:
12.2.1. you commit any serious breach of the terms of the Agreement and either that breach is not capable of being put right or, if the breach is capable of being put right, you do not do so within 30 days after receiving a written notice from us asking you to do so; 14.2.2. we receive more than 5 complaints about you or the Campsite in any 3 month period;
12.2.3. if we receive a complaint about you or the Campsite in relation to fifty percent (50%) or more of the bookings made for the Campsite;
12.2.4. if in our reasonable opinion: (i) the Campsite is uninhabitable or unsuitable for lettings; or (ii) it does not comply with the quality requirements or specification of the Campsite required by these Terms, the Booking Conditions and/or the guidelines or policies we provide to you; 14.2.5. you try to sell, demolish or otherwise dispose of the Campsite;
12.2.5. someone other than you starts or threatens to start legal proceedings against us in connection with the Campsite; or
12.2.6. you become bankrupt or if you are a company go into liquidation (whether voluntary or compulsory), are dissolved, compound with your creditors or have a receiver, administrative receiver or administrator appointed over the whole or any part of the Campsite or your other assets or a petition is presented, or a meeting is convened for the purpose of considering a resolution, for the making of an administrative order or your winding-up, bankruptcy or dissolution.
12.3. If we are entitled to end the Agreement for any reason mentioned above in paragraph 14.2 then, without prejudice to any other rights we have:
Terms Page; and
12.3.2. we may also end any or all other Agreements with you (even if you have not breached the terms of those other Agreements) and we may cancel any bookings with motorhome hire customers under all Agreements for dates falling after the Agreement is due to end. If we do cancel any bookings with motorhome hire customers pursuant to paragraph
12.3.2, you will be liable to pay the booking cancellation fees set out in paragraph 7.6 above in the same way that you would if you cancelled the bookings yourself.
13. The consequences of the Agreement coming to an end
13.1. On the date the Agreement ends for any reason:
13.1.1. the terms of the Agreement will remain in force in respect of all: (i) unfulfilled bookings made before the date the Agreement ends; and (ii) bookings made that you are obliged to honour pursuant to these Terms, and which have not been cancelled in accordance with these Terms;
13.1.2. where you have cancelled the booking or we have cancelled the booking where you are at fault, we shall be entitled to refund all amounts held by us to motorhome hire customers who have an unfulfilled booking that we cancel in accordance with these Terms; and
13.1.3. any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Agreement shall remain in full force and effect.
14. Other important terms
14.1. We intend to rely on the written terms of the Agreement and any document expressly referred to in them in relation to the subject matter of the Agreement between us. We and you will be legally bound by the terms of the Agreement.
14.2. All notices, requests, consents and other communications which are required or permitted under these Terms must be made in writing (including email) and will be deemed to be given (i) when delivered in person to the recipient’s address specified in the Key Terms Page, at the time of such delivery; or (ii) when sent by first class post, 7 days after it was posted; (or) when sent by email, at 9.00am on the next business day after transmission.
14.3. You are not permitted to transfer your rights or obligations under the Agreement to someone else without our prior written consent. We will not unreasonably withhold or delay our consent.
14.4. We may transfer our rights and obligations under the Agreement to another organisation. We will tell you in writing if this happens and ensure your rights under the Agreement are not affected.
14.5. The Agreement is between you and us. No other person has any rights to enforce any of its terms.
14.6. If we are prevented or delayed from complying with our obligations under the Agreement due to events or circumstances outside of our reasonable control, that inability or delay will not constitute a breach of the Agreement. We will contact you as soon as possible to let you know and we will take steps to minimise the effect of such an event. We will use good faith efforts to comply as closely as possible with the terms of the Agreement and will, to the extent possible, avoid or mitigate the effects of the occurrence of such event or circumstance. If there is a risk of a substantial delay you may contact us to end the Agreement provided you pay to us any fees and payments due to us for Services we have provided under the Agreement.
14.7. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.8. If we do not insist immediately that you do anything you are required to do under the terms of the Agreement, or if we delay in taking steps against you in respect of your breaking the terms of the Agreement, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
14.9. We will use any personal information you provide to us in connection with the Agreement to provide the Services, process any fees or charges and inform you about similar services to the Services that we provide (but you may ask us not to do so by contacting us).
15. Governing law and dispute resolution
15.1. The Agreement is governed by English law and you can bring legal proceedings in respect of the Agreement and the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Agreement and the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Agreement and the Services in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of the Agreement and the Services in either the courts of the Republic of Ireland or the English courts.
15.2. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via their website at https://webgate.ec.europa.eu/odr/.