TERMS & CONDITIONS FOR DRIVER OPERATED VEHICLES
These Terms & Conditions of Hire apply to the hire of any vehicle where
it is driven by Horse Movers Ltd employee or if a trailer towed by a Horse
Movers Ltd employee. By hiring or renting a vehicle or trailer from Horse Mover
Ltd you agree to be bound by these Terms and Conditions.
1. Definitions:
1.1 Carrier is Horse Movers Ltd, and shall include servants or
agents and sub-contractors whom the Carrier has authorised and permitted to
use under these conditions and whom meet all the requirements of the laws of
England.
1.2 The Carrier is NOT a Common Carrier and only
accepts goods for carriage under these conditions.
1.3 The “Customer” shall mean any person or business or other party
who contracts the Carrier for any service.
1.4 The “Contract” is the agreement between the Carrier and the
Customer and includes these Terms and Conditions as describe below.
1.5 These Terms and Conditions do not affect your statuary rights
under English Law.
2. Payments and Charges for Services
2.1 Booking
Charges
2.1.1 A Booking Deposit of £100 is required at the time
of booking, if the booking is within 14 days of the contract date then the
full amount must be paid at the time of booking.
2.1.2 Bookings are not confirmed or guaranteed until the
booking deposit or full amount of the rental cost if booking within 14 days
of the rental has been paid
2.2 Minimum Charges
2.2.1 The Carrier has a Minimum Charge of £40 plus VAT
for any single journey.
2.2.2 All charges for Hiring of a horsebox with a driver
are based on Mileage starting from the Carrier’s base and finishing back at
the Carrier’s Base.
2.2.3 The mileage will be calculated using the RAC
journey planner and Satellite Navigation planning the average mileage will
be used.
2.3 Payments
2.3.1 The calculated average mileage as describe in 2.23
will be paid prior to the journey, any adjustments will then be charged or
refunded within 14 days of the completion of the contract.
2.3.2 Each contract allows for 30 minuets loading and 30
minutes unloading time per single contract. If delays occur for whatever
reason after the Carrier has arrived at either the collection point of
delivery point which stop the Carrier from loading or off loading the
horse/s or tack then a charge of £28 plus VAT per hour or part thereof will
be incurred.
2.3.3 Any damage, how ever caused, and to include
kicking, bucking, biting or pushing to the vehicle or equipment, other than
fare wear and tear will be charged at a rate that will allow the damaged
area or equipment to be returned to the condition prior to the contract. The
costs of repair will be estimated by, where possible, obtaining 3 quotations
from qualified suppliers.
2.3.4 Undisclosed injured horse/s that are not
considered fit to travel by the Carrier will be refused transport and the
Customer will be charged for the mileage and time incurred at the standard
rate by the Carrier.
2.3.5 In the event that the start date of the contract
is less than 14 days from the time of making the booking then the full
hire cost and any deposits must be paid at the time of
booking.
2.3.6 For up-to-date scale of charges and price lists
please visit the Carrier’s website www.horsemovers.co.uk or telephone
01489 505625.
2.3.7 VAT is not included in any of our prices (unless
expressly describe as including VAT) and will be added at the prevailing
rate of 17.5%
2.4 Damage & Loss Deposit
2.4.1 A Damage & Loss Deposit may be required where
there is a risk of damage to the vehicle or its contents or equipment by the
Customer’s horse/s.
2.4.2 If the living area of the vehicle is to be used by
the Customer during the day/s hire or for overnight accommodation then the
Damage & Loss Deposit of £500 will be required in cleared funds prior to
the start of the contract.
2.4.3 The Customer will indemnify the Carrier against all
and any damage however so caused to any of the following during the contract
period which for this purpose is from when the first horse/s are collected
to when the last horse or passenger is delivered to the destination.
2.4.3.1 All equipment, fixtures and fitting including
partitions, kick panels, doors, ramps, electrical equipment, mechanical
equipment, kitchen fixtures and fitting, soft furnishings, any
accessories, utensils or any other equipment.
2.4.4 Any damage caused by the Customer, Customer’s horse/s,
Customer’s representatives, family, friends or employees will be deducted in
full from the damage and loss deposit, should the damage or repair or
cleaning cost be greater than the damage and loss deposit the Customer will
be charged the full amount.
2.4.5 The Carrier reserves the full right to take any monies owed
by the Customer from the Customer’s credit card without further notice or
authority being needed once the contract has been signed.
2.4.6 The Carrier shall have the right of general lien
against the Customer if any moneys or liabilities are not forthcoming at any
time from the time the contract is signed until all monies owed are
paid.
2.4.7 Below are some items that will be charged against the damage
deposit and there costs: This is not an exhaustive list
§ Repairs &
Replacements at full cost
§ Un-emptied
Toilets £40
for emptying
§ Vehicle Interior
cleaning £75
§ Cleaning of
Hob/Cooker/Microwave £20
§ Cleaning of
Fridge £20
§ Cleaning
of Shower £35
§ Emptying Waste
Water
Tank £25
§ Late Return of
Vehicle £50
per hour
§ Replacement
Fuel
£1.30 per litre
§ Lost
Keys £160+recover/locksmith
costs
2.4 Deposit Refunds
2.4.1 Any deposits taken at the time of booking will be returned
to the Customer within 5 days of the completion of the contract subject to
no misuse, damage or any other reason that would require the Carrier to
deduct money from the deposit. Any deposit remaining after deductions will
be returned to the Customer within 14 days of the completion of the
necessary work.
2.4.2 Failure to pay the deposit or any balances due will
result in the booking fee being forfeited and the hire contract
being cancelled.
2.4.3 In the event that the start date of the contract is less
than 14 days from the time of making the booking then the full hire
cost and any deposits must be paid at the time of
booking.
3. Fitness Too Travel and During Travel
3.1 Horses
3.1.1 The Customer MUST disclose any concerns or
knowledge of any health problems that may affect he horse/s ability to load
or travel.
3.1.2 All horse/s being transported must be fit and
sound to travel. They must not show any obvious signs of physical or mental
health problems, unless this has been disclosed at the time of booking and
the horse/s is being transported to a veterinary or other centre of equine
health for treatment.
3.1.3 If the Carrier is unhappy with the physical health
of the horse/s the Carrier may refuse to transport it unless full disclosure
has taken place at the time of booking.
3.1.4 The Customer is responsible for preparing the
horse/s for travel, this includes boots, poll cap, tail protection etc. The
Carrier will help with this preparation where possible.
3.1.5 The welfare and health of the horse is paramount
therefore should the horse/s become ill or sustain an injury during the
journey, the Carrier will do all within their power to ensure the welfare of
the horse, including taking a travel rest, administering basic first aid or
if serious problems occur diverting to the nearest equine veterinary
practice. The cost of any treatment will be charged to the Customer. The
Carrier will do everything possible to contact and keep the Customer
informed of the situation at all
times.
3.2 The
Customer
3..2.1 The Carrier may if required carry either 1 or 2
passengers with the horse/s, this is assuming that the Carrier has not
brought a groom with them. If the Customer wishes to travel with the horse/s
this MUST be requested at the time of booking. If it is not requested at the
time of booking then the Carrier may refuse to take the passengers or may
not have seats available.
3.2.2 No passengers under the age of 13 will be carried
by the Carrier unless accompanied by an
adult.
4. Loading and Unloading
4.1 Where possible it is considered best for the horse/s
to be loaded by their owner or handler using tack and other equipment know
to the horse. If this is not possible then the Carrier will load the horse/s
using the Carrier’s own tack and equipment.
4.2 The Carrier shall assume, unless otherwise informed
at the time of booking by the Customer, that the horse/s are safe and
experienced loaders
4.3 It is the Customer’s obligation to notify the
Carrier, prior to accepting the contract, if the horse/s to be transported
has any previous behavioural problems relating to loading or being
transported.
4.4 If the horse/s have never been transported before
this must be notified to the Carrier at the time of
booking.
5. Safety & Abuse
5.1
Safety
5.1.1 At all times safety of the Customer, the
Customer’s representatives or family or staff working for the Customer and
the employees of the Carrier and that of the horse/s is paramount. It is
requested that any person involved in the loading, unloading or transporting
of the horse/s should at all times wear the correct footwear, gloves and
most importantly head protection.
5.1.2 Any person that is at risk of injury or that may
cause injury to others or the horse/s either due to their lack of correct
clothing or their actions will be asked to leave the immediate vicinity by
the Carrier. If they refuse and the Carrier considers the risk of injury to
be unacceptable the Carrier may refuse to fulfil the contract. If this is
the case then the Carrier will charge the Customer for any mileage and
waiting time incurred.
5.2
Abuse
5.2.1 Horses Movers Ltd as the Carrier nor any of its
agents, employees or any one else associated with the company condones the
use of violence to force a horse/s to load. Any such actions will result in
the contract being terminated and the offender being reported to the
relevant authorise.
6. Documentation and the Law
6.1 Animal Transport Certificate
6.1.1 Animal Welfare Legislation makes in compulsorily
that an Animal Transport Certificate is completed for every journey. It is
therefore apart of the Carrier’s Terms and Conditions that the Customer
agrees to give the Carrier all the information required to complete the
document. A copy of the document will be left with the Customer at the
commencement of the journey. A copy of this form can be downloaded from the
Carrier’s website www.horsemovers.co.uk.
6.2 Horse’s
Passports
6.2.1 Unless the horse/s to be transported is registered
with a breed society or other recognised equine authority which excludes the
need for a passport the Carrier is required by law to transport the horse/s
with their passport. The Carrier will require to see the breed society
certificates.
6.2.2 If the horse/s are not registered with a breed
society or other recognised authority and no passport if available then the
Carrier will not be able to transport the horse unless transportation is
directly to a health facility by prior arrangement. The full costs incurred
by the Carrier if the contract cannot be fulfilled due to lack of correct
paperwork will be borne by the Customer.
7 Insurance
7.1 All Vehicles and drivers are comprehensively insured, however an
excess of £500 is payable for any claim made against the insurance. This
excess is the responsibility of the Customer and will be paid by the Customer
to the Carrier immediately a claim is made if:
7.1.1 the damage if caused by the Customer’s horse/s or by
negligence of the Customer, Customer’s representatives or employees however
so caused.
7.1.2 the damage is caused to any of the fixtures and fittings
within the horsebox, including but not only the Flat Screen Television, soft
furnishing, shower/toilet or hob/oven.
7.2 Any items that are not insured which are damaged however so
caused by the Customer, the Customer’s representatives, the Customer’s family
or friends, Customer’s employees or Customer’s horse/s or other pets will be
paid for in full by the Customer.
7.3 Any personal possessions or equipment carried on or within the
vehicle is the sole responsibility of the Customer. No claim for damage or
loss however so caused will be made against the Carrier, agents or
representatives of the Carrier or any employees of the Carrier.
7.4 Horse Movers Ltd, its agents, representatives and employees take
every care to ensure your horses welfare, safety and wellbeing nevertheless
all horses and tack are accepted by the Carrier solely at the risk of the
Customer’s and the Carrier, its representatives, agents and employees shall be
under no liability in contract or otherwise for the death or injury to any
horse/s, loss or escape of any horse/s.
7.5 Customer’s are advised to arrange their own personal and horse
insurance in case of injury or loss of their horse/s or personal effects.
7.6 All horses being transported must be named on the
contract and must have insurance which covers them whilst being transported. A
copy of this insurance must be supplied with the Animal Transport Certificate.
8. Cancellation
8.1 Booking Deposit
8.1.1 Should you decide to cancel your booking the following
cancellations charges will apply:
§
28 days of hire date 100% of deposit returned less £35 admin fee
§ Between 27 days and 14
days of hire date 50% deposit returned
§ Less than 14 days from
hire date – Loss of deposit.
8.2 Customer’s are advised to obtain their own insurance to
safeguard against loss of deposit.
9. Breakdown, Accident & Delays
9.1 Whilst every effort is taken to minimise the chance of breakdown
or accident during the contract period, all the Carrier’s vehicles and
trailers are covered by full rescue and recovery services. Nevertheless the
Carrier cannot be held liable for any delays, curtailment of journey, or any
costs or losses incurred by the Customer due to breakdown, accident or delays
how ever they may be caused.
9.2 The Carrier will make every effort to meet any times or delivery
schedules agreed with the Customer, how ever the Carrier cannot give any
guarantees of meeting these times or schedules and the Carrier cannot be held
liable for any late arrivals, or any costs or losses incurred by the Customer
due to unmet times or schedules.
9.3 The Carrier cannot be held responsible for stabling costs or
accommodation costs for passenger or any another expenses that the Customer
may incur due to breakdown, accident or delays.
9.4 The Carrier will do everything within their power to notify and
keep the Customer informed of any breakdowns, accidents or
delays.
10. Care & Custody of the vehicle
10.1 The vehicle must be kept locked and secured when
unattended, if the Customer is using the vehicle without an employ or
representative of the Carrier present then if is the Customer’s responsibility
to ensure the safety and security of the vehicle and all its contents. See
point 2.4 above.
10.2 If the Customer’s uses the living area then they are
responsible for cleaning and tidying it before return the vehicle., including
the list in point 2.4 above. If the Carrier has to clean or empty or dispose
of any foods, rubbish or human waste then charges will apply. Ensure the
toilet and shower are cleaned, the toilet cassette is emptied and washed, the
utensils are washed and stowed correctly, hob, oven, refrigerator are cleaned.
10.3 Skip out the horse area prior to return journey for the safety
of the horse.
10.4 The vehicle is equipped with 2 fire extinguishers, a fire
blanket and a first aid kit, misuse of any of this equipment will result in
the loss of deposit.
10.4.1 The Carrier is unable to hire the vehicle with first aid
kits that have been unsealed and used therefore if the Customer’s needs to
use any items from the first aid kit they will then be able to take the
first aid kit at the end of the hire period and a charge of £15 (this is the
actual price of the replacement kit) will be made against the deposit.
11. Pets
11.1 Pets are not allowed to travel in our vehicles unless by prior
arrangement. Some of our drivers have their own dogs travelling with them, in
this case other pets will not be allowed to travel.
11.2 No animals other than horse may travel unaccompanied by their
owners.
11.3 There will be an additional valeting charge of £35.00 for the
vehicles, where it has been agreed that a pet can travel.
12. Smoking
12.1 The Company operates a STRICT NO SMOKING policy
inside ALL our vehicles and trailers. ANY OFFENDER WILL FORFEIT
THEIR DEPOSIT IN FULL plus pay the cost of fumigation!
12.2 All vehicles are clearly signed with NO SMOKING signs this is
for the safety of the horses and passengers as the horsebox often carry highly
inflammable materials such as hay, straw, bedding etc.
13. Data Protection Act (S) 1998
13.1 The Company, its agents, directors or employees may hold and
process by computer or any other means the information supplied by the
Customer in relationship with the rental of the vehicle.
13.2 Any information given by the Customer to the Company will only
be used by the Company and will not be shared with any third party, other than
the credit card Company for purpose of transacting payments.
13.3 The Company may use the Customer’s information to inform the
Customer about offers, new services and other relevant details.
I have read and agree to abide by all the Terms and Conditions as stated
above.
Customer’s Full Name (Printed)
_________________________________________________
Customer’s Full Name (Signed)
_________________________________________________
Date:______________________________
