M55 Motorhomes Terms & Conditions, 01/08/2020

Hire rates quoted include:
• Unlimited miles (where applicable)
• UK standard vehicle insurance*
• UK Standard equipment & breakdown**

*Insurance loading. In some cases, M55 Motorhomes will incur additional charges if the driver to be insured has a traffic conviction, or is in an occupation which is deemed high risk. These charges will be passed onto the customer.
Please note: If you have any serious convictions within the last 11 years, 6 or more penalty points, or any concerns regarding points on your licence, please contact us before hire

** M55 Motorhomes will supply full breakdown cover to cover any mechanical faults to the base chassis of the motorhome. Any call out charges necessitated by the client through operator error, e.g. a flat vehicle battery will be the responsibility of the client.

  1. Definitions
  2. ‘I’, ‘me’ and ‘my’ refers jointly and severally to the person or persons who are the customers.’ This Agreement’ means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other M55 Motorhomes literature, the provisions of these Terms and Conditions apply.
    b. ‘Customer’ means the person or persons nominated as the hirer on the Rental Agreement and any person whose credit card is presented in payment of the customer’s charges.
    c. ‘Living Equipment’ includes but is not limited to TV/DVD player, CD player, crockery, cutlery and cooking utensils.’
    d. Rental Period’ means the hire period referred to on the Rental Agreement or any agreed variation thereof and any additional period during which the vehicle is in the customer’s possession or control.
    e. ‘Vehicle’ means the vehicle as described on the Rental Agreement and includes tyres, tools, accessories, the living equipment and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of M55 Motorhomes.
  3. Eligibility & Licences

I acknowledge that:
a. Drivers must be between 25 to 70 years of age, of good health and have held a full valid driving licence for more than 2 years.
b. Production of a valid standard driver’s licence is required from all drivers at the start of the hire.
c. Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire.
d. Details of additional drivers are required as above.
e. There is a maximum of 3 drivers per rental.
f. All Drivers must provide 2 separate forms of identification. A photo licence and utility bill. If licence has no photo, then a passport is required. All non-UK licence holders must supply passport on collection.
g. All UK license’s will be checked via Dvla for endorsements. A code will need to be generated form the Dvla site to allow us to check.

Please note: If you have any serious convictions within the last 11 years, 6 or more penalty points, or any concerns regarding points on your licence, please contact us before hire

  1. Charges
  2. I agree to pay M55 Motorhomes:
    • All rental charges.
    • The security deposits.
    • The nominated cleaning fee of £100.00 if the Vehicle is not returned with the interior in a clean condition.
    • The nominated additional fee of £50.00 if the toilet is not emptied or cassette housing area not cleaned prior to the return of the Vehicle.
    • The nominated additional charge of £500.00 of any evidence of smoking in and around our motorhome.
    • The cost to refill the fuel tank of £99.00 for the fuel and inconvenience for M55 Motorhomes to refuel the vehicle.
    • The nominated cancellation fee in the event of cancellation of this agreement prior to the collection of the Vehicle.
    • Any amounts due in respect to damage to the Vehicle or to property of a third party.
    • All other additional charges as they are incurred, including but not limited to, government fees and duties, parking and traffic infringement penalties, road toll fines, London congestion charges, and associated administration costs.
    • Any other fees or charges payable by me pursuant to this Agreement. This includes any costs incurred by M55 Motorhomes because of any breach by me of the terms of this Agreement.
    • The nightly rental rate for the period the Vehicle is off fleet for accident repairs (demurrage).
    • Failure to return the motorhome on time will incur an additional nights hire charge at the rate paid at the time of booking.
    • The cost to recover a Vehicle which has become bogged.
  3. I acknowledge that:
    • Booking Deposit – A reservation is only binding after it has been confirmed by M55 Motorhomes and a booking deposit of 25% of the hire cost has been received. Once the reservation is confirmed, an invoice will be issued by email with the date for the remaining balance to be paid by.
    • Remaining Balance – Settlement of the remaining balance will be due four weeks prior to departure. For late bookings (less than four weeks before departure) the full rental price is payable on booking. M55 Motorhomes reserves the right to cancel the booking if payment is not received six weeks prior to departure and deposit paid will not be refunded.
    • Security Deposit – There is a refundable £1000.00 Security Deposit payable by bank transfer only. The amount will be debited from my account immediately on collection of the vehicle. This is fully refundable within 7 working days of the return of the vehicle to the agreed location, on the agreed date and time, in the same condition as it was let out to me. I irrevocably authorise M55 Motorhomes to deduct from the Security Deposit any amounts due by me should the conditions set out herein not be met. M55 Motorhomes reserves the right to increase the security deposit for specific events (e.g. sports fixtures, music festivals, etc.).  You will be informed if this is the case
    • Cancellation charges
    More than 4 weeks before: booking deposit will be retained.
    4 weeks – 2 weeks: 50% of total hire charge will be retained
    2 weeks – No Show: 100% of total hire charge will be retained
  4. Payment
  5. Payment is by bank transfer. Vehicles will not be released without full payment being completed.
    b. M55 Motorhomes is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement.
    c. I will not dispute my liability to M55 Motorhomes for any amount due under this agreement and I shall indemnify and keep indemnified M55 Motorhomes against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
    d. I acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Where applicable and due to exchange rate fluctuations, there could be some variance between the amount initially debited against my debit/ credit card and the amount refunded after the expiration of the rental period. I release M55 Motorhomes from any liability for such variation.
    e. All charges and expenses payable by me under this Agreement are due on demand by M55 Motorhomes. If I do not pay all charges when due, I agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by M55 Motorhomes, including reasonable legal fees.
    f. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the customer pursuant to this Agreement.
    g. Total charges as set out on the Rental Agreement are not final. I will pay any shortfall in charges to M55 Motorhomes and I will receive a refund for any overcharge acknowledged by M55 Motorhomes.
  6. Collection and Return

M55 Motorhomes is located at 3 Whinbrick Cottages, Blackpool Road, Kirkham, PR4 2RJ.  We run this business from home and times can be flexible for collection of the vehicle. Vehicle collections are normally from 14:00 and returns are between 08:30-10:30.

  1. I agree to:
    • Set aside 1 hour for the hand-over at M55 Motorhomes to allow the staff to complete the documentation and demonstrate the vehicle to me.
    • Return the Vehicle on the date and time stated, on the rental agreement. Unless otherwise agreed this time is between 08:30-10:30. If I am late returning, I understand that M55 Motorhomes must be advised immediately. Failure to advise M55 Motorhomes may result in prosecution for driving whilst uninsured.
    b. I acknowledge that:
    • Having received the Vehicle in a clean condition, in sound working order, in accordance with the Departure Checklist and with a full fuel tank and the toilet empty I will return the vehicle in the same condition, otherwise a charge will be made.
    • M55 Motorhomes will not refund to me any monies, nor have any obligation to provide a replacement vehicle, if the Vehicle is returned or I cease to have the use of the Vehicle prior to the return date for any reason e.g. accident, weather or theft.
  2. Use of the Vehicle
  3. I acknowledge that:
    • M55 Motorhomes reserves the right at any time, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
    • Each person is to use the safety restraints provided always whilst the vehicle is in motion.
    • I will not allow any animals to be carried in the Vehicle, unless otherwise agreed with M55 Motorhomes. I will also not allow any pets on the soft furnishings as this will result in a further cleaning charge and I am aware that only 1 pet will be considered.
    • I agree that during the rental period, I shall not make any alterations or additions to the Vehicle without the prior written consent of M55 Motorhomes
    b. I will not allow the Vehicle to be;
    • Used for any illegal purpose, for any rally, race or contest.
    • Used to tow any vehicle or trailer.
    • Used to carry passengers or property for hire or reward.
    • Used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in the agreement.
    • Used to carry volatile liquids, gases (other than Gas Bottles already fitted) explosives or other corrosive or inflammable material.
    • Otherwise used in breach of my obligations under this Agreement.
    • Driven otherwise than in a cautious, prudent and normal manner.
    • Used in a manner which could cause damage.
    • Driven in a prohibited area or in an area other than the areas indicated by me to M55 Motorhomes.
    • Driven on roads that are not sealed / bitumen roads.
    • Driven by a person under the influence of alcohol or drugs or with a blood alcohol level more than that permitted by law.
    • Left with the ignition key in the vehicle while it is unoccupied.
    • Left unoccupied without closing the blinds/curtains for added security.
    • Driven by persons:
    • Under the age of 25 years; or
    • Who are not authorised by law or M55 Motorhomes to drive the Vehicle.
    • Damaged by:
    • Submersion in water.
    • Contact with Salt Water.
  4. Maintenance
  5. I shall take all reasonable steps to properly maintain the Vehicle, including oil checks, water and batteries.
    b. I acknowledge that M55 Motorhomes will reimburse me for expenditure up to £50.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and TV/DVD equipment) if:
    • I produce relevant receipts.
    • I have received the prior consent of M55 Motorhomes.
    • The damage is not due to my fault or my breach of this Agreement.
    c. Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres damaged during the Rental Period PROVIDED THAT M55 Motorhomes will reimburse me for expenditure reasonably incurred if;
    • I produce relevant receipts.
    • The tyre is defective and is returned by me to M55 Motorhomes for inspection.
    • The manufacturer accepts liability under his warranty.
    d. I will be liable for any costs associated with the incorrect use of fuel. All M55 Motorhomes motorhomes run on DIESEL.
  6. Responsibility if an accident occurs
  7. In the event of an accident, loss or damage arising out of the use of the vehicle, I will:
    • Notify M55 Motorhomes within 24hrs of the happening of the event.
    • Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station.
    • Complete a European accident report form as supplied (when in Europe).
    • Not make any admission of liability to other parties, settlement offer or another like offer.
    • Assist M55 Motorhomes in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
    b. I acknowledge that the excess or other amount due by me in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period.
    c. I will pay for any costs relating to the delivery of a change over vehicle because of an accident regardless of which party is at fault.
  8. Insurance Cover

I am aware that;
a. The Vehicle is insured for damage to the Vehicle and the property of a third party.
b. I will have to pay an excess for any damage. The insurance excess is £1000.00
c. I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement.

RENTAL INSURANCE WILL COVER ANY DAMAGE SUSTAINED OVER CAB HEIGHT (2M 6FT 6”). NEITHER WILL IT COVER DAMAGE TO AWNING, TYRES, BIKE RACKS AND WINDSCREENS AS THIS IS DEEMED AS NEGLIGENT.

  1. Negligence
    I am aware that;
  2. I am responsible for any damage to the bike rack, if fitted to the vehicle.
    a. I am responsible for any damage above cab height as this is deemed as negligence.
    b. I am responsible for any damage howsoever caused to the awning.
    c. Any damage howsoever caused to the inside of the motorhome.
    d. I am responsible for the rectification of frozen pipe work.
  3. Change of Vehicle
    M55 Motorhomes 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.
  4. Terminating the Agreement
    I acknowledge that M55 Motorhomes may terminate this Agreement and repossess the Vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the Vehicle, including towing charges if;
  5. I am in breach of any term of this Agreement.
    b. I have obtained the Vehicle through fraud or misrepresentation.
    c. The Vehicle appears to be abandoned.
    d. The Vehicle is not returned on the agreed return date or M55 Motorhomes reasonably believes that the Vehicle will not be returned on the agreed return date.
    e. M55 Motorhomes considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered. I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges or the Security Deposit.
  6. Release and Indemnity of M55 Motorhomes
  7. Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release M55 Motorhomes, 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:
    • Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
    • Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on any M55 Motorhomes premises or recovered or handled by M55 Motorhomes.
    b. Subject to any insurance arrangements agreed with M55 Motorhomes, I hereby indemnify and shall keep indemnified M55 Motorhomes, 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.
  8. Title to Vehicle
    I acknowledge that M55 Motorhomes retains title to the Vehicle and that I possess the goods as a mere Bailee only. I do not have any right to pledge M55 Motorhomes’ credit in connection with the Vehicle and agree not to do so. I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
  9. Changes
    Any changes to this agreement must be in writing and must be signed on behalf of M55 Motorhomes and by me.
  10. Proper Law
    This agreement shall be governed by the law of Great Britain in which this agreement was signed.
  11. Entire Agreement
    This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement. M55 Motorhomes reserves the right to add or amend any rental charges without prior notice.
  12. My Warranties
    I warrant that all information supplied by me to M55 Motorhomes in connection with this agreement is true.
  13. Data Protection
    Your personal data and information that you have provided to M55 Motorhomes will be process for the following purposes
  14. To fulfil this contract/agreement placed with us, including but not limited to motorhome hire and production of the rental agreement.  Your personal data including copies of all identification documents provided and all data entered in the rental agreement will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
  15. To fulfil our legal requirements as a vehicle rental company
  16. We will not transfer your personal data to any third party outside the M55 Motorhomes group unless:

It is to book a third-party service for you including ferry crossing and taxi transfers

  1. It is for o road vehicle assistance for example vehicle recovery/breakdown providers and repair workshops
  2. It is to our insurer
  3. It is to the police, local authorities, councils or DVLA if we suspect or are notified that a road traffic offence/contravention has occurred
  4. It is to local authorities, councils and private parking companies if we suspect or are notified that you breached private parking terms and conditions, dart and congestion charges
  5. To insurance companies if we suspect or are notified of an incident with a third party
  6. It is to the police DVLA and Customs and Port authorities if we suspect or are alerted to criminal activity
  7. Our bank or merchant provider in line with transactional processing
  8. You are in breach of our agreement in which case we may notify the BVRLA’s RISC database, police, our solicitors, debt collection agencies, credit reference agencies and any other relevant organisations
  9. The third party is our subcontractor or a member of our companies, who is processing personal data on our behalf securely and in accordance with our instructions
  10. It is between software systems that we use for the purpose of our business as a vehicle rental company
  11. It is for feedback on our products and services provided
  12. You have submitted a photo into a competition that we have run.  By entering our competition you agree to the photo(s) you submit being posted to our website and social media channels.  We may also use it for posters and advertising and share with our partners, wholesale and web-based agents for them to use for their own marketing purposes
  13. It is otherwise authorised under the Data Protection Act
  14. We may use your personal information for marketing purposes and to keep you informed by post, telephone, sms, email and other electronic means about products and service that you have subscribed to.  If you wish to unsubscribe at any time please email m55motorhomes@yahoo.com and we will remove your name from the marketing database.

By entering into this agreement, you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle which may include your location (s) from our vehicle tracking system and also diagnostics (telematics).  We may use your information to analyse statistics, for market research, credit control and to protect our assets.

You agree that if you break the terms of this agreement we can pass your personal information to any relevant organisation.  We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.

We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and our own privacy policy and any other applicable date protection legislation currently in force.

Entire Agreement: This agreement constitutes the entire agreement of the parties and there are no other oral undertakings warranties or agreements between the parties relating to the subject matter of this agreement.  M55 Motorhomes reserves the right to add or amend the vehicle specifications and rental charges without prior notice.  This agreement does not affect your statutory rights under civil law.