TERMS AND CONDITIONS OF MOTORHOME HIRE

THIS AGREEMENT IS BETWEEN: EXHILARATE SCOTLAND (The motorhome owner) and THE HIRER (You)

1. YOUR CONTRACT WITH THE OPERATOR

By taking the hire vehicle you are accepting these terms and conditions. Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask Exhilarate Scotland.

2. BOOKING CONFIRMATION AND PAYMENT

An initial payment of 50% advance payment is required to confirm the booking, which is non-refundable and enters you into a binding contract for the hire. The balance of your hire money is payable six weeks prior to the start date of your hire, or at the time of booking if you book less than six weeks from the start date of your hire. Where you choose to pay by credit card we will make a charge of 2.5% in respect of each payment by credit card. There is no charge for debit cards. Any documentation you are requested to provide by Exhilarate Scotland must be received six weeks prior to the start date of your hire or within two days of booking if less than six weeks from the start date of your hire. Failure to provide full payment and documents as above will result in the booking being cancelled and the loss of your 50% advance payment.

3. CANCELLATIONS

All cancellations must be notified in writing to Exhilarate Scotland, but please call immediately to inform us as this will improve the chances of rehiring the motorhome. If notification of your cancellation is received more than six weeks before the start date of your hire you will be refunded in full less the initial payment of 50% advance payment. If notification of your cancellation is received less than six weeks before the start date of your hire all monies paid and due are not refundable and you are still liable for any sums not yet paid. However, Exhilarate Scotland will do all it can to rehire the motorhome and if we are able to do so, you will be refunded up to a maximum of your total hire less your 50% advance payment, subject to the amount Exhilarate Scotland is able to rehire the motorhome for.

4. COLLECTION AND DELIVERY TIMES

The motorhome will be available on the day of collection between the hours of 2.00 and 4.00 pm (you will be allocated specific times when making your booking) The motorhome must be delivered back to the agreed location by 10.00am on the last day of hire, unless agreed otherwise. Late returns can have a significant impact on the next hire. If you fail to return the your motorhome on time you may be liable to an extra charge at the discretion of the operator, but typically £100/hr plus any additional costs incurred by Exhilarate Scotland as a result. There are no refunds for motorhomes returned early.

5. AVAILABILITY

Occasionally motorhomes are not available as agreed, which is almost always due to events beyond Exhilarate Scotland's control (see below). If your booking has to be cancelled (Which Exhilarate Scotland has the right to do) we will offer you the choice of an alternative motorhome or, if no suitable replacement is available, provide a full refund of all monies you have paid for your booking.

6. EVENTS BEYOND EXHILARATE SCOTLAND’S CONTROL

Unfortunately, events beyond Exhilarate Scotland’s control occasionally affect bookings. When reference is made to such events in these Conditions of Hire, this means any event(s) or circumstance(s) which Exhilarate Scotland could not, even with all due care, foresee or avoid. Exhilarate Scotland cannot accept responsibility or pay any compensation, costs or expenses where the performance of your contract with ourselves is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond Exhilarate Scotland’s control. This includes any delays to and/or restrictions to your hire to which you may be subject. However, if your booking has to be cancelled as a result Exhilarate Scotland will of course offer you the choice of an alternative motorhome (if available) or refund as described above.

7. SUITABLE PERSONS

Exhilarate Scotland have the right to refuse to hand over a motorhome to any person who, in the reasonable opinion of ourselves, is not suitable to take charge. In such cases, all hire charges paid will be refunded in full but Exhilarate Scotland has no further liability.

8. PETS

No pets are permitted in our motorhomes.

9. SMOKING

Smoking is not permitted in any of our motor homes, any infringement of this condition will incur a minimum charge of £100. For the benefit of other users your co-operation would be appreciated.

10. RENTAL PERIOD

You will have the vehicle for the rental period shown in the agreement. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. You can be charged £100 per hour for every hour you have the vehicle after you should have returned it.

11. YOUR RESPONSIBILITIES

a. You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel. You are responsible for any damage to the vehicle caused by hitting low level objects, such as bridges or low branches.

b. You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.

c. You must not let anyone work on the vehicle without the Exhilarate Scotland’s permission. If we do give you permission, you will only receive a refund if you have a receipt for the work.

d. You must let Exhilarate Scotland know as soon as you become aware of a fault in the vehicle.

e. You must bring the vehicle back to the place agreed, at the time agreed and remain responsible for the vehicle until this time. Exhilarate Scotland must see the vehicle to check that it is in good condition.

f. You will have to pay for repairs if:

• The vehicle needs more than our standard valeting (cleaning) this includes occasions when excess sand is left in the vehicle necessitation additional cleaning labour ;

• You have damaged the vehicle, inside or out

g. Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.

h. You are responsible for any loss or damage to the motorhome including that caused by neglect, misuse, accident or not your fault.

12. CONDITIONS FOR USING THE VEHICLE

The vehicle must only be driven by you and any other driver named on the hire insurance policy, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence.

You or any other authorised driver must not:

• Use the vehicle for hire or reward;

• Use the vehicle for any illegal purpose;

• Use the vehicle for racing, pace-making, testing the vehicle’s reliability and speed or teaching someone to drive;

• Use the vehicle while under the influence of alcohol or drugs;

• Drive the vehicle outside England, Scotland and Wales, unless we have given you written permission;

• Overload the vehicle

• If the vehicle is a commercial vehicle, use it for a purpose for which you need an operator’s licence if you do not have one.

13. CHARGES

Charges are based on Exhilarate Scotland’s price list at the time of booking. You will be charged for:

a. The rental and any other charges we work out according to this agreement.

b. A charge for any loss or damage to the motorhome including that caused by neglect, misuse, accident or not your fault, subject to the cover provided by the hire insurance.

c. Any charge for loss or damage resulting from you not keeping to condition 12.

d. You must empty the toilet cassette at the end of the hire period as well as daily during the rental period. There is a £50 charge for un-emptied cassettes.

e. A refuelling service charge if you have used, and not replaced, more fuel than was supplied originally. The charge is based on the cost of the fuel plus £20.

f. Gas is included, but should you need to replace an empty bottle during the course of your hire, this is your responsibility.

g. All fines and costs (including court costs) for parking, traffic or other offences, congestion charges, (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay any costs and reasonable administration charges which arise when Exhilarate Scotland deal with these matters.

h. Any charges arising from Customs and Excise or Immigration Authorities seizing the vehicle, together with a loss-of-income charge while Exhilarate Scotland cannot rent out the vehicle, if and when Exhilarate Scotland demand this payment.

i. Any published or agreed rates for delivering and collecting the vehicle

j. Interest which will be added every day to any amount you do not pay on time, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time.

k. Value added tax and all other taxes on any of the charges listed above, as appropriate.

You are responsible for all charges, even it you have asked someone else to be responsible for them.

l. A deposit of £1,500 is payable against any loss, damage to the motorhome (externally or internally) costs or insurance claims as described in these terms and conditions. You agree that the deposit is payable in full as a condition of hire but you will not have to actually lodge payment with Exhilarate Scotland prior to commencement of the hire. The deposit will only be taken on return of the hire vehicle in the event of any loss, damage to the motorhome (externally or internally) costs or insurance claims as described in these terms and conditions. In such an event, the deposit is payable to Exhilarate Scotland who will place it in its client account until the claim or dispute is settled. The agreed amount for the settlement will be paid to Exhilarate Scotland. The balance of the deposit (if any) will be refunded to you.

You accept that Exhilarate Scotland is entitled to charge any credit, charge or debit card used by you during the hire transaction for payment of the deposit or any other outstanding charges as per the terms and conditions of hire.

14. THE HIRE INSURANCE

The motorhome is insured for the period of the hire and a copy of the insurance policy is available from Exhilarate Scotland head office on request. By signing the attached form you are accepting the conditions of the hire insurance policy.

15. WHAT TO DO IF YOU BREAK DOWN

No responsibility can be accepted by Exhilarate Scotland for any loss or damage or expense which occurs as a result of any defect or breakdown unless it is due to a proven reason of the operator’s failure to adequately maintain the motorhome in a fit state and condition.

If you do breakdown you should:

• Contact the breakdown service that covers the vehicle

• Inform Exhilarate Scotland immediately

16. WHAT TO DO IF YOU HAVE AN ACCIDENT

No responsibility can be accepted by Exhilarate Scotland for any loss or damage or expense which occurs as a result of any accident. If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:

• Make the vehicle secure

• Tell the police straight away if anyone is injured or there is a disagreement over who is responsible; and

• Contact Exhilarate Scotland immediately.

You must produce an accident report sending a copy to Exhilarate Scotland head office.

17. WINDSCREENS AND TYRES

You are responsible for any damage to windscreens and windows, punctures or other damage to tyres during the period of the hire. Where possible it should be repaired or replaced as appropriate and paid for by you at the time. You should contact Exhilarate Scotland to seek instructions before carrying out the repair. Failing this, an amount will be deducted from your deposit against damages for the cost of the repairs.

18. INFORMATION

If you break the agreement we can give the information you have provided to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1998.

19. ENDING THE AGREEMENT

a. If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We will also end this agreement if you do not meet any of the conditions of this agreement.

b. If you are a company, we will end this agreement straight away if:

• You go into liquidation;

• You call a meeting of creditors;

• We find out that your goods have been taken away from you until you pay off your debts;

• You do not meet any of the conditions of this agreement

c. If we end the agreement if will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim extra costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle and charge you if we do this.

20. GOVERNING LAW

This agreement is governed by the laws of the country in which it is signed. Any dispute may be settled in the courts of that country.