1. Booking Deposit & Payment Terms
The balance of the cost of your hire is payable a minimum of 4 weeks prior to the start of the hire period. If you are booking within 4 weeks of the start of the hire period, full payment is due at the time of booking.
Payment of Hire Charges: You understand and agree that we do not accept full payment by cash and that all hires must be paid by credit/debit card, in part or full. Pre-paid credit cards are not accepted. The credit/debit card presented must always be in the name of the main driver.
Prices quoted are payable in UK pounds sterling, net of any currency variances and bank charges.
You must pay the agreed hire charge and any other charges incurred during the hire period according to this Agreement, including:
- the cost of any damage or loss to the vehicle or its equipment which was not noted on our pre-hire inspection and which is not covered by our insurance;
- any other uninsured damage to, or loss of, the vehicle, the keys or its equipment;
- excess mileage at the rates shown in this Agreement;
- the insurance excess (in the event of an insurance claim);
- all parking fines, traffic violations and other charges incurred (we may charge an administration fee if we have to handle these on your behalf);
- charges demanded lawfully by a third party as a result of the vehicle being parked or left upon land which is not a public road.
If necessary you consent to us notifying any authorities, organisations or enforcement agencies of your or any driver details, to effect a transfer of liability.
3. Security Deposit
You must lodge a £1,000 Security Deposit with us to cover:
- any damage, costs or losses (whether negligent, wilful, accidental or otherwise) not covered by our insurance;
- any additional charges, costs or losses you incur or are liable for whilst using the vehicle (e.g. the insurance excess, excess mileage, additional cleaning charges, fuel etc).
The Security Deposit is refundable on safe return of the vehicle in the condition in which it left us (including all equipment).
The Security Deposit must be paid using a credit or debit card in the name of the hirer. We do not accept cash security deposits. If you use a credit card, the amount of the deposit is ‘pre-authorised’ against your card which means that although the money is not taken immediately, you will not be able to spend it until it is unblocked after you return the vehicle (so it does count towards your spending limit). Alternatively, we can take the deposit against a debit card and refund it on return of the vehicle in the condition in which it left us.
Should there be any damage or requirement for any repair or replacement (or other reasonable costs) the costs will be deducted from the Security Deposit before the balance is returned to you. By signing this agreement you agree to pay all charges upon request and authorise us to deduct from the Security Deposit any amounts due. We reserve the right to retain the Security Deposit for such period as is necessary to quantify the charges incurred before deducting them from the Security Deposit.
Where the Security Deposit is insufficient to cover our uninsured or other additional costs, charges and losses, you must pay any additional amounts due.
If we require you to pay for any damage or loss we will always itemise and detail any charges incurred and allow you reasonable time to review them.
4. Hire period
Please note that unless agreed with us, unused hire days (or early returns) are non-refundable.
You confirm that you:
- are over 25 and under 79 years of age;
- are legally permitted to drive and have not been advised on medical grounds to not drive;
- have held a full valid United Kingdom or EU licence for two years or more;
- are not engaged wholly or partly in professional entertainment;
- are not a professional sports person, jockey or connected with racing of any sort;
- have NOT been convicted of a motoring offence (of any nature) leading to your licence being endorsed, suspended or more than 6 penalty points imposed*;
- have NOT had motor insurance cancelled, declined, a renewal refused or special terms imposed;
- have not, whilst driving, been involved in more than one motor accident during the past 3 years (whether you were at fault or not).
If you are Foreign Service Personnel you must confirm that you have held a full valid United Kingdom or EU licence for two years or more.
Only those named on this Agreement (and who have read and signed this Agreement) are permitted to drive the vehicle. Please note the other terms and exclusions in this Agreement and our Terms and Conditions of Insurance Overview.
* Spent convictions covered by the Rehabilitation of Offenders Act 1974 may be disregarded if agreed in writing by Higher Adventure.
6. Additional Drivers
Where you request to add an Additional Driver to the Hire Agreement we will decide whether or not we agree to adding that Additional Driver. You agree to pay any additional fees for us doing this as specified on our website or as notified to you.
7. Collecting the vehicle
When you collect the vehicle you must complete:
- a pre-hire inspection with us (this will include fixed equipment e.g. roof rack, roof tent, awning etc and the vehicle inventory e.g. table, chairs, stove, cutlery etc);
- a short ‘orienteering’ session so you are familiar with the vehicle (you must allow 60 minutes for this).
8. Returning the vehicle
When you return the vehicle you must:
- notify us if for any reason you can not return the vehicle at the agreed time (you will not be covered on our insurance beyond any agreed return time);
- ensure it is reasonably clean (our prices include standard valet upon vehicle return and additional cleaning charges may apply if return condition is poor);
- hand the keys back to us personally (unless otherwise agreed in writing);
- complete a post-hire inspection with us;
- ensure it has a full tank of fuel (or pay our refuelling charges).
If you return the vehicle outside of business hours you remain responsible for the vehicle and its equipment until a post-hire inspection is completed (which will be no more than 24 hours after you return the vehicle).
Some damage may not be apparent at the post-hire inspection, such as mechanical damage (for example in areas such as the engine, fuel tank or clutch) or damage may be hidden by adverse light or weather conditions. If we find any damage after you have returned the vehicle we will notify you as soon as we can.
10. Driving and using the vehicle
You must not:
- use the vehicle for hire, reward or driver training;
- carry more passengers than the vehicle has seatbelts;
- fit any additional equipment to the vehicle including racks or tow bar accessories unless agreed with us in advance;
- apply any livery, branding, transfers or marks or paintwork to the vehicle;
- drive the vehicle outside mainland England, Scotland and Wales, unless we have given you written permission.
- use the vehicle within the limits of the law;
- accept our right to refuse to hire a vehicle to any driver without providing a reason for our refusal.
This Agreement will be governed by the laws of England.
11. Low-level objects
You must note the vehicle height and be aware that the vehicles’ approach or departure angle may increase this height.
You are responsible for any damage to the vehicle caused by hitting any low-level object such as car park height barriers, bridges and low branches.
- you are legally responsible for obtaining and using a child or baby seat. The fitting of any such equipment is your responsibility and we can accept no liability whatsoever;
- you must use your discretion regarding children using any ladders, foot holds, roof racks or roof tents on the vehicle. We strongly recommend that children are supervised at all times;
- you must not allow children to climb over the vehicle bonnets, wings or other bodywork.
You can only carry animals in the vehicle with our written permission and, if given:
- you must use appropriate and legal safety measures;
- you must protect the vehicle interior from damage or soiling;
- you must not allow animals in the roof tent;
- you understand that animal damage to the interior of the vehicle, roof tent or other equipment is not covered on our insurance.
14. Securing loads and towing
Dynamic forces are much higher than static forces so it is critical that you secure all loads in the vehicle using the load restraint systems the vehicle is supplied with. Heavy loads can and do move and the weight of the load alone should never be relied on to hold the load in place. Keep in mind that once moving, forces to prevent the load from continuing to move are much higher than if the load was static.
Additional lashings are provided in the vehicle so you must use them to secure any additional load that you are carrying. You must never risk an unsecure load.
You may only use the vehicle for towing, or for carrying bicycles, with our written permission and, if given:
- you must use legal and safe equipment;
- you must not load the vehicle beyond the weight or towing recommendations shown in this Agreement;
- you must ensure that any load or goods carried inside or on the vehicle, and any towed trailer and its contents, is secured safely;
- you understand that loads carried in or on any towing equipment or bike rack are not covered by our insurance.
15. Roof and ground tents
If your vehicle is equipped with a roof or ground tent:
- if you experience lightning, for safety, you must exit the roof or ground tent (and remove the metal ladder to the roof tent) and shelter in the vehicle;
- ensure that you close and secure the roof tent before driving;
- smoking, vaping or naked flames are not allowed in the roof tent, ground tent or awning.
You must only use the cooking equipment supplied with the vehicle if you are confident and competent in their use and:
- you must NEVER use the cooking equipment inside the vehicle, roof tent, ground tent or an enclosed awning;
- if you decide to cook under cover of any kind you must ensure:
- there is adequate ventilation, head height and distance to the vehicle and accessories;
- you are alert to the risk of fire and the possible build-up of carbon dioxide (or worse, carbon monoxide);
- use the stove windshield to limit the risk of flare-ups;
- you must ensure that you have easy access to the fire extinguisher/blanket supplied with your vehicle.
17. Driving surfaces and ‘off-road’ driving
If the vehicle is to be driven on unsealed or unsurfaced roads, byways, ‘green lanes’ or unclassified roads at any point during your hire:
- you must notify us in advance if you expect to use any of these road types extensively, and we must agree in writing to you doing so;
- you must only do so under conditions and in an environment appropriate to your experience and skill level;
- you must only do so under conditions, and in a manner, that are non-damaging to the vehicle;
- you understand that doing so is at your own risk.
IMPORTANT: many unsealed or unsurfaced roads, byways, and unclassified roads are legally classed as roads and therefore The Highway Code, road safety and vehicle rules, and Driving Law and other relevant Legal Obligations apply.
You must not drive the vehicle off legal roads unless we have agreed that you may do so in writing in advance of your booking:
- under all circumstances you understand that our insurance does not cover damage or loss of any kind whilst driving ‘off road’ (i.e. not on a legal highway);
- if you drive ‘off road’ intentionally or unintentionally you indemnify us of any consequence of any kind and you agree that any damage or excess wear and tear to the vehicle, any injury to any party, or loss of any kind, or any resulting legal action is your responsibility.
It is illegal to drive a motor vehicle on, common land, moorland, Forestry Commission land or any land that is not forming part of a road without authorisation.
Please be aware that our vehicles may be equipped with tracker devices that live track and record their movements.
18. Care of the vehicle and equipment
- treat the vehicle and its equipment with care and respect;
- take all reasonable steps to maintain the vehicle;
- contact us if you become aware of a fault;
- notify us of any damage caused to the vehicle;
- not let anyone work on the vehicle without our permission;
- protect the vehicle and its equipment against weather or other environmental conditions which might cause damage (e.g. wind damage resulting from the awning being deployed, or leaving the vehicle windows open when it rains);
- not allow smoking or vaping in the vehicle, roof tent, awning or any ground tents we hire to you;
- seek our guidance if you are uncertain about the use of any part of the vehicle or its equipment.
19. Security of the vehicle
- lock the vehicle when you are not using it;
- take the keys out of the ignition when you are not in the vehicle and keep them with you;
- use any security device provided;
- do not leave vehicle equipment, accessories or your own belongings on display;
- ensure that the vehicle equipment and accessories are secure.
To maintain and protect the vehicle we may fit and use electronic devices to monitor its condition, performance and operation and/or to live track its movements. This data may be used both during and after termination of the hire period. A condition of hire is that you consent to the use of such devices, and to the collation, storing and use of the information arising from them.
20. Our responsibilities
We assure you that:
- we have maintained the vehicle to a legal standard;
- that the vehicle and its equipment are suitable for hire at the start of the hire period;
- we will identify and tell you about any existing damage before you drive the vehicle.
We are responsible:
- if someone is injured or dies as a result of our negligence, act or failure to act;
- for loss or damage to your property left in the vehicle if the loss or damage results from our negligence or a breach of contract;
- if the vehicle or equipment does not match our description.
We are NOT responsible:
- for indirect losses which happen as a side effect of any main loss or damage and which are not foreseeable by you and us (such as loss of opportunity).
We want you to have the vehicle you choose, however we must allow for unforeseen circumstances. We therefore reserve the right to provide you with a suitable alternative. Should a substitute not be available, our liability is limited to a refund of monies paid by you to Higher Adventure.
21. Our insurance
Our hire charges include the provision of vehicle insurance provided to us by Allianz Insurance PLC. We will have provided you with full details of our insurance policy separately. Please ask us if you have any questions regarding the extent of the cover provided.
By signing this Agreement you confirm that you have read, understood, and are accepting the Conditions of our insurance.
Please note that although termed ‘comprehensive’ our insurance does NOT give you complete cover, for example:
- one amount for which you are not covered is called the “excess” (shown at the front of this Agreement);
- you are responsible for all costs incurred through your own negligence;
- your own property is not covered by our insurance.
You may decide to take out separate insurance to cover aspects of your hire that are not covered by our insurance.
You may find that your own car insurance policy or, if you pay for your hire by credit card, your card issuer, offer some elements of car hire cover. We strongly advise you to check carefully and satisfy yourself that any cover provided is relevant to the vehicle you are hiring from Higher Adventure.
For an additional fee Higher Adventure may agree to reduce your liability for the stated excess. Please see our Terms and Conditions of Insurance Overview for more details.
22. In the event of an accident
- notify the police;
- get the names and addresses of everyone involved, including witnesses;
- note the registration numbers, make and model of the vehicles involved;
- obtain details of the insurers of any third parties;
- if possible and appropriate, photograph the scene, the vehicles and damage;
- make the vehicle secure;
- notify Higher Adventure as soon as is practical.
We will ask you to complete our accident report form. Failure to provide third party details and a completed accident report form may result in liability for double the standard excess.
In the event that the vehicle can not be driven after an accident, a replacement or substitute vehicle is not assured.
For the avoidance of doubt, you accept that we will not be liable to pay any compensation or cover other losses or expenses as a result of an accident, subject otherwise to the terms, exceptions and conditions of this Hire Agreement and our Conditions of Insurance.
In the event of a breakdown:
- if the vehicle cannot be repaired, a replacement or substitute vehicle from Higher Adventure is not assured;
- however the vehicle is covered by our Breakdown Policy with Green Flag (details will be in the vehicle);
- our Policy with Green Flag covers you if you mistakenly put the wrong fuel in the vehicle, but not for damage to the engine (so do NOT attempt to drive the vehicle);
- if Green Flag come to your assistance but can not get the vehicle working they will take the vehicle, driver and passengers to one of their repairers;
- if the vehicle can’t be fixed locally the same day, or if the driver falls ill and can’t drive (and no other passengers are authorised to drive) they will:
- take you to a place of your choice anywhere in the UK or;
- if available, you may request a small hire car for up to 48 hours to a value of £100 or;
- arrange for overnight accommodation to a value of £500);
- please contact Green Flag on 0800 400 600 and quote the vehicle registration number;
- please note that the services available under our Policy with Green Flag will be subject to your location and other factors;
- in the event of a breakdown we also recommend you contact Higher Adventure directly on 07962 386805 and we will do what we can to assist you.
By signing this Hire Agreement you accept that if the vehicle breaks down that our liability extends to either:
- replacing your vehicle with a similar one, if available, or;
- refunding your hire charge for any days you lose use of the vehicle.
For the avoidance of doubt, you accept that we will not be liable to pay any compensation or cover other costs, losses or expenses resulting from a breakdown (subject otherwise to the terms, exceptions and conditions of this Hire Agreement, our vehicle Insurance provide by LV, and our Breakdown Policy with Green Flag).
You may wish to consider taking out separate travel insurance to cover you for any additional costs incurred in the event of a breakdown.
24. Stolen vehicle
In the event of the vehicle being stolen the first thing you must do is contact the Police and report the theft. Please then contact Higher Adventure directly as the vehicle may be fitted with a tracking device that allows us to assist in its recovery.
If you won’t get the vehicle back in a safe condition to drive the same day our Breakdown Policy with Green Flag may – subject to your location and other factors – offer the following assistance:
- take you to a place of your choice anywhere in the UK or;
- if available, you may request a small hire car for up to 48 hours to a value of £100 or;
- arrange for overnight accommodation to a value of £500);
Please contact Green Flag on 0800 400 600 and quote the vehicle registration number.
IMPORTANT: If the vehicle is stolen and the keys cannot be provided, then the loss is the responsibility of the hirer and is unlikely to be covered by our insurance.
25. Data protection
You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other 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.
26. Cancellation or termination
You may cancel your booking at any time by giving notice in writing, by e-mail, or by phone which will take effect on the date we acknowledge it to you.
In the event of a cancellation or termination, one of the following applies:
- 90 days or more prior to the Hire Period: Full Refund
- Between 89 and 30 days prior to the Hire Period: 50% Refund
- Less than 30 days prior to the Hire Period: No Refund
Any entitlement to a refund less than 90 days prior to the hire period is subject to a Booking Fee of £150.
Before you enter into this Agreement you may wish to consider taking out separate travel insurance to cover you for costs incurred in the event of a cancellation.
27. Ending the Agreement
We are entitled to terminate this Agreement if you break its terms and you must then return the vehicle immediately. If the Agreement is terminated we may repossess the vehicle and any associated costs must be paid by you.
You understand and agree that if you fail to meet any conditions of this Hire Agreement or our Terms and Conditions of Insurance Overview that you will be liable for the fees shown at Clause 26 above.
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