Terms & Conditions

BACKGROUND

The Owner is the owner of the Vehicle – Stars and Shore Ltd, Staniforth Works, Main Street, Sheffield, England, S12 4LB – Registered in England with the Company Number: 13000208 and the Hirer wishes to hire the Vehicle from the Owner on the terms set out below.

IT IS AGREED:

1. DEFINITIONS
   1. In this Agreement:
      Administration Fee – the payment monies from the Hirer to the Owner for specified works completed that fall out of the scope of what is reasonably expected, the administration fee is billed at £30.00 per hour.
      Booking Fee – An amount of money paid by the Hirer to the Owner to reserve their time with the Vehicle and associated costs in preparation for the hiring of the Vehicle by the Hirer.<
      Cleaning Charge – The payment of monies from the Hirer to the Owner for cleaning services to the Vehicle if the Vehicle is return in a state of cleanliness that is unreasonable or unacceptable. The Cleaning Charge is £300.00.
      Security Deposit – The amount held by the Owner of the Vehicle as a security against losses and damage to the Vehicle and additional features found in Schedule 1, given by the Hirer.
      Fuel Charge – The cost of refilling the tank of fuel is billed at £1.90 per litre of fuel.
      Hirer – You, the individual who is hiring the Vehicle. Your details are to be found on page one of your agreement.
      Hire Charge – The full amount payable by the Hirer to the Owner for the hiring of the Vehicle for the Hire Period.
      Hire Period – The period of time that the Hirer has the Vehicle the details of this time period are found on page one of your agreement.
      International Travel – the Hirer taking the Vehicle out of the United Kingdom (England, Northern Ireland, Scotland and Wales).
      Owner – Us, Stars and Shore Ltd incorporated and registered in England and Wales with company number 13000208, whose registered office is at Staniforth Works, Main Street, Sheffield, South Yorkshire, UNITED KINGDOM, S12 4LB.
      Long Term Hire – A Hire Period that is longer than 2 weeks from the start of the Hire Period to the end of the Hire Period.
      Small Dog – this refers to smaller breeds of dogs such as; terriers, chihuahuas, toy and teacup breeds and other small breeds.
      Vehicle – means the vehicle described on page 1 of your agreement;
   2. The Schedule forms part of this Agreement.
2. HIRE AGREEMENT
   1. The Owner agrees to hire the Vehicle to the Hirer for the duration of the Hire Period (unless this Agreement is terminated early in accordance with its terms).
   2. This Agreement will only be extended if, before the end of the Hire Period, the Owner and the Hirer agree in writing the terms on which the hire of the Vehicle is to be extended.
3. COLLECTION OF VEHICLE
   1. The Hirer will collect the Vehicle from the Owner at the 12pm or other specified time on the start date of the Hire Period. The Hirer will collect the Vehicle from the agreed location that is confirmed in the booking confirmation.
4. HIRER’S GENERAL OBLIGATIONS
   1. The Hirer is responsible for ensuring that the Vehicle is driven only by individuals qualified to drive it who hold the necessary current full driving licence, any other relevant permits and are authorised by the Owner.
   2. The Hirer will keep the Vehicle in good repair and condition (reasonable wear and tear excepted) throughout the Hire Period and will not modify or alter the Vehicle or any of its parts or accessories without the Owner’s prior written consent.
   3. The Hirer will ensure that the Vehicle is not overloaded at any time.
   4. The Hirer will not use the Vehicle except for the purposes for which it is supplied by the Owner. The Hirer will not use the Vehicle for any other activities that are not in the reasonable scope of the Vehicles intended use.
   5. The Hirer will ensure the Vehicle is kept locked when not in use and adequately safeguarded against risk of loss or theft. The Hirer is responsible for any and all costs incurred as a result of the Hirer losing the keys of the Vehicle.
   6. The Hirer will upon request give the Owner access to inspect the Vehicle if reasonably requested to do so during the Hire Period.
   7. The Hirer will immediately notify the Owner of any loss or damage occurring to the Vehicle during the Hire Period.
   8. The Hirer will ensure that the toilet cassette is returned empty and clean. If the Hirer fails to return the toilet cassette empty and clean they will be subject to the cleaning fee in clause 6.5.
   9. The Hirer will return the Vehicle in a reasonable state of cleanliness. If the Hirer fails to return the Vehicle in reasonable state of cleanliness the Hirer will pay the Owner the Cleaning Charge.
   10. The Hirer will not use the Vehicle for off-roading or other sporting activities that the Vehicle is not built for. The Hirer may choose to use the Vehicle on uneven and unsuitable terrain, if the Vehicle becomes stuck while the Hirer is using the Vehicle for this purpose, the Hirer is responsible for the costs of recovery.
   11. The Hirer will, at the cost of the Hirer, pay any and all fines or charges, incurred by the Hirer during the Hire Period.
   12. The Hirer is liable for their adherence to all road laws for the jurisdictions they enter while in the Hire Period. If the Hirer is using the Vehicle for International Travel, the Hirer is responsible for the cost of any adaptions that need to be made to the Vehicle for the Vehicle to be road legal in that Jurisdiction. The Hirer must gain consent from the Owner Prior to making any adaptions and these adaptations must be removed, at the cost of the Hirer, prior to the end of the Hire Period.
   13. The Hirer will return the Vehicle with a full tank of the correct fuel for the Vehicle. The Hirer will be subject to clause 6.8 for failure to return the Vehicle with a full tank of the correct fuel.
   14. The Hirer will ensure that they use the correct fuel for the Vehicle when refuelling the Vehicle. The Hirer is liable for the cost of any repairs as a result of damage caused by the Hirer using the incorrect fuel.
   15. The Hirer will return the Vehicle by 12:00pm on the last day of the Hire Period (date shown on page 1 of this agreement).
   16. The Hirer is responsible for operating the vehicle within the parameters of the insurance policy of the Owner.
   17. The Hirer is responsible for the safety and security of their own personal vehicle during the Hire Period. The Owner accepts no liability for theft, loss or damage to the Hirer’s personal vehicle while the Hirer is using the Vehicle. The Owner does not have parking facilities at the collection point of the Vehicle.
   18. The Hirer is responsible for the passengers in the Vehicle and ensuring that their passengers follow the safety procedures and use safety equipment such as, but not limited to;
       1. seat belts;
       2. children’s booster seats and baby chairs;
       The Owner accepts no liability for ensuring that these are fitted correctly.
5. OWNER’S GENERAL OBLIGATIONS
   1. If the Vehicle is damaged or breaks down during the Hire Period through no fault of the Hirer, the Owner may, but is not obliged to replace the Vehicle with a suitable alternative Vehicle. However, the Owner will only replace the Vehicle if it has an alternative Vehicle available.
   2. Vehicle Excise Duty (road tax) will be borne by the Owner.
   3. The Owner will ensure that the Vehicle is fit for purpose and as described to the Hirer.
   4. The Owner will ensure that the Vehicle is supplied to the Hirer with a full tank of fuel.
   5. The Owner will ensure that the Vehicle is fully cleaned and sanitised before the start of the Hire Period.
   6. The Owner will ensure that the Vehicle is fully insured, road legal, all taxes have been paid and all safety certificate for the Vehicle and the Vehicle’s Facilities are up to date and in-effect.
   7. The Owner will provide the Hirer with demonstrations and safety procedure documents to ensure that the Hirer is familiar with the Vehicle, its facilities and the safety features.
   8. The Owner will hold the Hirer’s Deposit in a safe and separate account and shall return the deposit to the Hirer subject to the Hirer not breaching this agreement.
   9. The Owner will ensure that all reasonable and legally required precautions are taken to ensure that the Vehicle is safe for use.
6. HIRE CHARGES AND PAYMENT
   1. Hire Charges (including any deposit payable by the Hirer) are set out on page 1 of this agreement.
   2. The Hirer will pay Hire Charges in advance of collection of the Vehicle.
   3. Hire Charges are quoted inclusive of VAT.
   4. If the Owner terminates this Agreement before expiry of the Hire Period on account of the Hirer’s default or breach of contract, the Hirer will remain liable to the Owner for all Hire Charges which are unpaid and all Hire Charges which would have become due if the Hire Period had continued for its full duration.
   5. If the toilet cassette is returned uncleaned the Hirer will pay an additional charge of £100.00 to the Owner for cleaning services.
   6. If the Hirer returns the Vehicle in an unreasonable state of cleanliness the Hirer will pay the Owner an additional Cleaning Charge. The Owner may take this from the security deposit.
   7. The Hirer will return the Vehicle with the exact same gas/fuel canister that was supplied with the Vehicle at the start of the start of the Hire Period. If the Hirer fails to return the Vehicle with the exact same canister free from defects, the Hirer will pay the Owner £200.00 for the canister and the Administration Fee.
   8. If the Hirer fails to return the Vehicle with a full tank of fuel the Hirer will pay the Fuel Charge and the Administration Fee.
7. INSURANCE & INDEMNITY
   1. The Owner will take out and maintain at their own expense throughout the Hire Period a fully comprehensive insurance policy against loss or damage of the Vehicle to its full replacement value. Any excess shall be the responsibility of the Hirer unless otherwise stated in the Schedule.
   2. In the event of any loss or damage or other insured event, the Hirer must immediately notify the Owner and co-operate fully with the Owner and the insurers.
   3. The Hirer will promptly pay any speeding fines, parking charges or other penalties arising during the period of this Agreement and indemnify the Owner against all claims, costs and proceedings arising as a result of the same.
   4. The Hirer will indemnify the Owner against any uninsured losses relating to the Vehicle while it is under the control of the Hirer and against all losses, claims, damages, and expenses arising out the use of the vehicle during this Agreement. The Hirer will also indemnify the Owner against any claims or proceedings arising in respect of personal injury or death of any person or damage to any property, which arises out of the use of the Vehicle during the Hire Period.
   5. The Hirer will indemnify the Owner for any and all losses that arise from the Owner’s inability to comply with contractual obligations to third parties as a result of the Hirer breaching this agreement.
   6. The Hirer will indemnify they Owner against any losses that arise in connection with the Hirer’s breach of this agreement.
8. RETURNING THE VEHICLE
   1. The Hirer will return the Vehicle by 12:00pm on the last day of the Hire Period (date shown on page 1 of this agreement).
   2. Time of the performance of this clause is of the essence.
   3. If the Hirer, at the fault of the Hirer, returns the Vehicle after 12:00pm on the last day of the Hire Period, Hirer will pay an additional fee of £50 per hour.
   4. If the Hirer returns the Vehicle after 5pm on the last day of the Hire Period, the Hirer will be billed for an additional day rental and the Administration Fee.
   5. The Hirer will return the Vehicle to the location where the collected the Vehicle from at the start of the Hire Period.
   6. The Hirer may choose to return the Vehicle earlier than the date and time of the end of the Hire Period. Refunds for time not used are at the Owner’s discretion.
9. PAYMENT OF BOOKING FEE
   1. The Hirer will pay the Owner a Booking Fee of 25% of the value of the total Hire Charge at the time of booking the Hire Period with the Vehicle. Once the Booking Fee has been paid the Owner will send confirmation of the Booking to the Hirer.
   2. The Booking Fee is non-refundable. The Owner may choose to give to refund the Booking Fee but this is at the complete discretion of the Owner.
   3. The Owner may choose to reduce the Booking Fee by a nominal percentage. However this is at the discretion of the Owner.
   4. The Owner will not take any bookings for the Vehicle during the proposed Hire Period once the Hirer has paid the Booking Fee.
   5. If the Owner terminates this agreement due to the Hirer being temporarily incapacitated due to alcohol, drug abuse or other reasonable grounds, the Hirer will not be entitled to a refund of their Booking Fee.
10. SECURITY DEPOSIT AND RETURN
    1. The Security Deposit is a deposit against the Hirer for any loss of or damage caused to the Vehicle. The Hirer shall, on the date of this agreement, pay a deposit of £500 to the Owner if they are over 25 years of age and £700 if they are under 25 years of age. If the Hirer causes any loss or damage to the Vehicle (in whole or in part), the Owner shall be entitled to apply the Deposit against such, loss or damage. The Hirer shall pay to the Owner any sums deducted from the Deposit within ten (10) Business Days of a demand for the same. The Deposit (or balance thereof) shall be refundable within Fourteen (14) Business Days of the end of the Hire Period.
    2. When the Vehicle is returned it will be given a physical inspection by the Owner to ensure there is no apparent damage or defects. If the Vehicle has suffered damage during the Hire Period that becomes apparent during the 14 day period immediately following the return of the Vehicle, the Hirer is liable for this damage.
11. LONG TERM HIRE AND VEHICLE MAINTENANCE
    1. If the Hirer is taking the Vehicle for a Long Term Hire, the Hirer will be liable for checking that the Vehicle is safe to use at regular intervals. This will include, but not limited to;
       1. checking oil level;
       2. checking water and coolant level;
       3. ensuring that the Vehicle has windscreen cleaner;
       4. using fuel supplements such as “Add Blue”, (instructions will be given); and
       5. other reasonable checks that a prudent driver would undertake before embarking on a long journey.
12. ANIMALS IN THE VEHICLE
    1. The Owner will grant permission for the Hirer to bring a Small Dog into the Vehicle subject to the Hirer paying an additional £30.00.
    2. The Owner does not give permission for any other pets or animals to be brought into the Vehicle.
    3. The Owner reserves the right to refuse a Hirer permission to bring a Small Dog into the Vehicle if the Small Dog appears to have behavioural issues or is not fully house trained on the day of collection of the Vehicle.
    4. If the Owner refuses to grant permission for the Hirer to bring a Small Dog into the Vehicle on day of collection of the Vehicle the Owner will refund the £30.00 fee.
    5. The Hirer is liable for the costs of repairing any and all damaged caused by the Small Dog that the Hirer brings into the Vehicle.
13. OPTIONAL ADDITIONAL FEATURES AND BOOKINGS
    1. The Hirer may choose to hire additional features outlined in schedule 1. The Hirer will pay to the Owner the additional amount to use the additional feature also outlined on Schedule 1.
    2. The Owner will take all reasonable steps to ensure that the additional features such as tents and bikes have been inspected and are safe to use before the Hirer hire’s the additional feature.
    3. The Owner is not liable for any injury suffered by the Hirer or any member of their passengers using the additional feature as a direct result of the Hirer or the passenger’s negligent or misuse of an additional feature.
    4. If Hirer chooses to use additional features that contain food they must inform the Owner of any allergies, intolerances and illnesses the Hirer or their passengers may have before they book an additional feature. The Owner is not liable for any injury, illness or loss suffered as a result of the Hirer’s failure to inform the Owner.
    5. If the Hirer chooses to use the booking service outlined in Schedule 1, the Owner accepts no liability for the Hirer’s obligations to third parties used in the booking service. The Hirer is liable for the reasonable costs incurred by the Owner booking campsites and activities for the Hirer.
    6. The Owner will take all reasonable steps to ensure that what is advertised is delivered to the Hirer. However, the Owner is not liable for the Hirer or their passengers enjoying themselves during the Hirer Period.
14. RIGHTS OF CANCELLATION
    1. The Owner has the right to cancel bookings giving at least 14 clear days’ written notice to the Hirer (which may be by email, telephone or letter sent to the contact details you have supplied and will be deemed received when sent).
    2. As well as giving written notice, the Owner will use reasonable endeavours to make direct voice contact with you to notify you of any cancellation.
    3. If the Owner cancels the Hirer’s booking under this provision, the Hirer will be entitled to a full refund of fees, less the Booking Fee, they have already paid, when they receive the notice of cancellation.
    4. The Owner may terminate this agreement if the Hirer breaches this agreement.
    5. Upon termination, the Hirer will deliver the Vehicle to the Owner at the location where it was delivered by the Owner to the Hirer and in the same condition (fair wear and tear excepted).
15. SEVERANCE
    1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
    2. If any provision or part-provision of this agreement is deemed deleted under Clause 15.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
16. ASSIGNMENT
    The Hirer will not assign, sublet or part with possession of the Vehicle during the Hire Period.
17. WAIVER
    No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy
18. RIGHTS AND REMEDIES
    The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
19. GOVERNING LAW
    This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
20. JURISDICTION
    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non- contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.