TERMS AND CONDITIONS OF BOOKING AND HIRE

This Agreement is made between Linzi’s Holmes Limited trading as Caledonian Trails

And the person/persons signing the Rental Form or agreeing to it online

Caledonian Trails hires the campervan to you under these terms & conditions and by booking our vehicle, you accept these terms & conditions & confirm that you will comply with them.

Except where otherwise stated the following words have the following meanings in this Agreement:

“The Van” – This means the VW campervan hired to you under this Agreement and as specified to you by us including all tyres, tools, accessories and equipment, provided by us along with the van.

”You” – The person or persons entering into the agreement with us.

“The Agreement”, “The Rental Agreement” and “Terms and Conditions” – This agreement and any document expressly referred to in this agreement including an insurance document and motor rental agreement

“Security Deposit” – The sum of £500 if 23 years and over or £750 if under 23 but over 21 as detailed below paid by bank transfer, debit or credit card or Paypal by those guests on self drive agreements, or where the vehicle is to be left with a customer without our chauffeur present.

“Booking deposit” – sum paid at the time of booking to confirm that booking by debit or credit card or Paypal

“We / us” – Linzi’s Holmes Limited trading as Caledonian Trails. 

Booking Once booking is confirmed a deposit of 20% must be paid by bank transfer or PayPal.The balance of the hire charge (full charge less deposit) is due 28 days ( 4 weeks) before the start of the rental period. A security deposit of £500/£750 is payable (by bank transfer, Paypal or credit/debit card) on collection of your van, by those guests on self drive agreement

Choice of Van Although we want you to have the van of your choice and will always endeavour to ensure this, we must allow for unforeseen circumstances. We reserve the right to provide you with a suitable comparable alternative, without notice. Should a substitute not be available upon collection, we will be responsible for a full refund of monies received by us. All rights are reserved by us to refuse any hire if in our reasonable opinion you are not suitable to take possession of the vehicle.

Cancellation In the event of a cancellation the following applies:

Cancellations between the time of confirmed reservation and 28 days before the first day of hire- the booking deposit is forfeited.

Cancellations between 28 days before pick up date results in 50% of hire costs being forfeited however, if we do manage to get another booking of the same value for the same van, for the same rental period we will waive this cancellation fee but not the booking deposit. 

Cancellation due to Covid restrictions will result in a full refund including deposit.

If you change your booking date, we will honour booking deposits for a period of 1 year from receipt after which time the booking deposit is forfeited.

Security Deposit. The £500/£750 security deposit is refundable on return of the van, in the condition in which it left us, subject to an inspection by us. This must be paid to cover the possibility of damage (whether negligent, wilful, accidental or otherwise) or loss to the van or any other items included with the van. The van and all its equipment must be returned in good condition, without damage. The van must be returned with a full tank of petrol.

Your security deposit will normally be refunded within 7 days of the end of the rental period. Should there be any damage or requirement for any repair, replacement or special cleaning, the costs will be deducted from the security deposit before the balance is returned to you. You irrevocably authorise us to deduct from the Security Deposit any amounts due to us arising out of this Agreement. If we are not holding your card information, then you agree to pay all charges upon request. In the event that there is a claim we reserve the right to retain the security deposit for as long a period necessary to quantify the charges incurred which are to be deducted from the deposit. The security deposit will be used towards funding any loss or damage whatsoever to the van or its equipment, fixtures and fittings, as well as payment for the insurance excess.

Where the security deposit is insufficient to cover the costs, you will pay any additional amounts due. These will be invoiced as appropriate and you authorise us to deduct any sums due from your card in respect of such amount.

This includes damage to the van, it’s contents, petrol refill, speeding or parking charges.

If, on arrival to collect your van, your licence is unacceptable due to endorsements or defacement or your proof of address does not match that on the licence, you will be unable to hire the van and no monies will be refunded to you.

In some cases, our insurers will set a higher excess if the drivers to be insured have traffic convictions, or are using a foreign driver’s licence or works in what our insurers consider to be a high risk occupation or is aged between 23 and 25, or has criminal convictions, or any physical or mental conditions which may inhibit driving, or has had an accident in the previous 3 years.

Payment of Charges All charges and expenses payable by you under this Agreement are due on demand by us. If you do not pay all charges due, a late charge of 1% per day on the outstanding balance and any collection costs incurred by Linzi’s Holmes Limited trading as Caledonian Trails, including reasonable legal fees will be added. When you comprise more than one person, each person is jointly and severally liable for all obligations of you pursuant to this Agreement.

Payment by Credit Card Where payment is paid by credit card, you agree that: a) we are irrevocably authorised to complete any documentation and to take any other action to recover from the credit card issuer all amounts due pursuant to this Agreement in respect of charges payable; b) you shall indemnify and keep us indemnified against any loss incurred (including legal costs) by reason of notifying a credit card issuer of a dispute.

Insurance  The vans all have comprehensive insurance for the first and any other named drivers. Insurance is only for our van. Up to two drivers can be named per hire. You can only be insured if you are between the ages of 21 and 75, have held a full drivers’ licence for more than 24 months and have less than 6 points on your licence and can prove the address on your licence to be current by providing a utility bill or bank statement dated in 60 days prior to hire, which matches your name and address on drivers’ licence. 

All drivers must have recent manual or ‘stick-shift’ driving experience and be confident driving on the left hand side of the road.

Required Documentation – Prior to pickup

In order to satisfy our insurance underwriters, we require the following documentation in order to provide cover.

Driving License

We will require a copy of each drivers driving license.

Identity Verification

In order to verify the identity of the lead driver we require one or more of the following documents related to the lead driver:

• • A recent gas and / or electricity statement that has the same address as the lead drivers driving license.
  • A recent bank and / or credit card statement that has the same address as the lead drivers driving license.
  • A recent telephone and / or broadband statement that has the same address as the lead drivers driving license.
  • A recent mobile phone statement that has the same address as the lead drivers driving license

Proof of Address

In order to verify the lead drivers current address in the UK we will also require one or more of the following in addition to the above:

• • A recent gas and / or electricity statement with as the lead drivers current UK residential address.
  • A recent bank and / or credit card statement with as the lead drivers current UK residential address.
  • A recent telephone and / or broadband statement with as the lead drivers current UK residential address.
  • A recent mobile phone statement with as the lead drivers current UK residential address.

If you are living in rented accommodation and cannot provide one or more of the above documents required to verify your UK residential address then we would need both of the following :

• • A letter from your current landlord stating that you are their tenant.
  • A copy of your current rental agreement

Failing to provide information or providing false information is likely to invalidate your insurance and render you liable for all losses howsoever sustained including claims by third parties.

You must provide true and complete information for our insurers as requested on the vehicle rental agreement.

Should you fail to provide the required information or be unsuitable to safely drive our vehicles and your booking is cancelled as a consequence, our policy on cancellation fees as set out above applies.

You are advised to take out your own personal effects and travel insurance to cover personal items, last minute cancellations etc.

We are not responsible for any damage in connection with any accident or breakdown caused by you, nor are we responsible for any loss from the van. Our insurance policy protects us and any authorised driver against legal claims from any other person or for death or personal injury or damage to any other person’s property caused by use of the van on the road, on condition you report all such incidents to us during the rental period or on return of the van (and you are using the van within the terms and conditions and those of our insurance company). In the event that any third party suffers death, personal injury or damage to property caused by use of the van which involves a breach by you or any authorised driver of any of the terms and conditions of this Agreement, and that of our insurance policy, or our Health and Safety Guidelines, you agree to reimburse us if we are obliged to compensate (a) the insurers for any payment they make to a third party on your behalf and/or (b) any third party.

If an insurance claim is made, you are responsible for a £500 excess (or excess of a greater amount if you are notified before the rental period commences about such change to the excess due, people aged between 21 and 25 have a £750 insurance excess) which is due in each and every incident and includes loss or damage to equipment, fixtures and fittings or to third party property. The excess applies in respect of each claim.

The Insurance does not apply to windscreens, windows, wheels, tyres, the underside, the roof and the interior of the van, towing charges, or where the van is driven off road or on unsurfaced roads or without due care and attention, negligently, recklessly or where the driver is under the influence of alcohol or other drugs. Your liability to pay the cost of the damage will therefore not be waived in these cases and you may be liable for the full cost.

Drivers’ Licence, Health and History Drivers must be over 21 years of age and under 70, in good health and hold a full driving licence for at least 24 months. “Good Health” means that you have no mental or physical disabilities, which would interfere with your ability to drive. In addition you must not be taking drugs likely to affect your driving or drugs prescribed by a registered medical practitioner for treatment of drug addiction.

You will need to have held a full, manual, driving licence for at least two years We will require the driving licence numbers and other identification information for all those who intend to drive, when you make your booking. We will need to see driving licences for all named drivers, plus another form of identification and 2 x proof of address, dated within the last 60 days, (for each driver) on collection of the van. A maximum of 2 drivers per rental is allowed by our insurers. You cannot hire a van without your licences and ID documents. Addresses must match across all forms of ID. Proof of address must be a utility bill (online printouts accepted) or bank statement.

The van must only be driven by you or any other person who has first been authorised by us, for whom you have provided the insurance, driving licence and personal identification information. Failure to provide accurate information may invalidate the insurance and render you liable for all losses howsoever sustained including claims by third parties.

You warrant that all information supplied to us in connection with this agreement is true and complete.
In particular, on collection of the van you warrant that information supplied with the original booking has not materially changed, including but not limited to the number of points on a driver’s licence. 6 points are the maximum and only points allowed on any driver licence. Some occupations are excluded on our insurance, please ask us before booking, if you have any concerns about this or any aspects of eligibility for insurance.

Our Obligations We will supply the van to you in good overall and operating condition, complete with all necessary documents, parts and accessories. You agree to return the van to us in the same condition as you rented it, subject to fair wear and tear, with the same documents, parts and accessories, at the location and on the date and time designated in the Rental Agreement or sooner upon demand by us. Failure to do so may result in further charges becoming due and payable by you.

Condition You and we will check the condition of the van at the start of the rental term and on return of the vehicle. You acknowledge receipt of the van, which appears, upon visual inspection, to be in good, clean condition and sound working order on collection.

Collection and Return

When you arrive to collect your van, please ensure you allow at least an hour for us to show you around the van, how to drive the van and how to operate the cooker, sink, fridge, roof, camping gas and other accessories. We will also aim to complete the paperwork in that time

Return Please return the van by the agreed time, which is 11am, unless previously agreed differently. Please allow sufficient time to get back to our HQ so that you do not push the van too hard trying to get back in a hurry.

If you return the van outside the agreed time, you will remain fully responsible for the van until we arrive and collect the keys from you.

If at any time we have agreed that you may return the van to our mechanics, or if we have agreed to collect it, you are responsible for the van until it is collected by us, or our emergency breakdown company. You are responsible for any costs incurred in returning the van to us, should you abandon the vehicle.

We will not refund the hire charge if the van is returned prior to the return date due to weather, personal circumstances or any other reason whatsoever.

Late Return If a van is returned to our HQ later than the agreed time, without our prior agreement, £100 will be payable for each day or part day late. You will also be affecting the holiday of the next person to hire your campervan. Should the late return of the van make us liable for extra costs, we reserve the right to pass on these costs to you. Charges and costs for late return will be deducted from your security deposit. By signing, or agreeing online to this Agreement you agree to us making such deductions. Should the late return be due to accident you will be liable for any revenue lost due to the van being unavailable for hire.

Cleaning You agree that we are entitled to charge you an additional cost, if the van requires more than our standard cleaning on its return, to restore it to its pre-rental condition, allowing for fair wear and tear. You must keep the campervan and it’s contents clean & tidy and return it in fair condition.

Caring for our engine: should your actions cause damage or breakdown, you are liable for the value of the repair or replacement engine. Such things as filling up with diesel instead of petrol, or burning out the clutch. Driving faster than 60 MPH, or ignoring the dashboard warning lights. You must maintain the camper, as we show you at handover, including regular checks on engine oil.

Seat Belts, Booster and Baby Seats You may only carry the number of passengers as there are seat belts in the van. You must bring with you the correct child or baby seat. For each child under 135 cms (4’5” inches approx) or under 12 years of age you must use a child seat.

For further info visit https://www.gov.uk/child-car-seats-the-rules/using-a-child-car-seat-or-booster-seat. 

Our seatbelts are normal length for cars in the 1960s & 1970s, if they do not fit around you, you will be unable to travel.

Due to recommendations on rear facing seats for infants, we do not recommend babies under the age of 5 travel in our vehicles.

Dos and Don’ts You agree that you shall not:

carry more passengers than the seat belt capacity of the van, use the van to carry passengers or goods for hire or reward, tow or push any vehicle, trailer or other object, other than our teardrop trailer where applicable. Drive off road, on unsurfaced roads or on roads unsuitable for the vehicle, drive when it is overloaded or when loads are not properly secured, use the van for any illegal purpose, or carry any object or any substance which is illegal or, because of its condition or smell may harm the van and/or delay our ability to rent the van again, damage van by submersion in water or contact with salt water, take part in any race, rally, test or other contest, drive or park in contravention of any traffic or other regulations, drive or allow to the van to be driven in restricted areas including, but not limited to, airport runways, airport service roads, and associated areas, undertake driving training activity or put the van through a rotary car wash.

Extent of Hire  Scotland, Scottish Islands (except Shetland) and northern half of England only.

Fuel The fuel tank will be full on collection and must be returned to us full. An administration charge of £25, plus the cost of the missing fuel will be deducted from your security deposit if the van is returned with missing fuel. The vans take unleaded petrol.

Smoking inside our vans or awnings is strictly prohibited. You will be liable for any damage caused to the van, the tent or their contents through smoking.

Drinking Water We cannot be held responsible for the cleanliness of drinking water obtained from various campsites. The water stored in the van may not be drinking water. We do advise that you drink bottled water.

Pets We welcome well-behaved pets. We charge £30 per pet per hire. Pets must be disclosed at booking and only pets that we confirm are acceptable may be brought into the campervan. All damage, however caused by your animals, will be charged to you. You undertake to comply with current law concerning the carriage of animals when travelling in the van at all times. Pets must never be left alone or unsupervised in the campervan.

Keys In the event that keys are lost or damaged you will be liable for the reasonable costs of obtaining replacement keys, and any costs associated with providing the keys to you during the hire period. You must lock the van at all times when not in use.

Your Car During the period of the hire you may park your car at our premises which have 24 hour surveillance located in a safe area

Prohibited use of the Van You are authorised to drive the van on the conditions of this Agreement including, at all times, to use the van in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or loss incurred by us or any damages or reasonable expenses we suffer or incur as a result of your breach of the Agreement. You may additionally lose the benefit of any waivers or insurance selected by you. We reserve the right to take back the van at any time, and at your expense, if you are in breach of this Agreement. You must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use. You must remove and keep in a safe place any sat. navigation system or removable radio and/or radio/CD face plate when the van is unoccupied. You must use seat belts, child seats and other child restraints as appropriate and required by law. Unless you have previously arranged with us and it has been authorised by our insurers, you cannot use our vehicles for any business use whatsoever.

Loss or Damage You will be liable to us for all losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories, while on rental, if this damage, loss or theft involves the deception of or by you or another party, or as a result of the keys remaining in the van whilst it is unoccupied, or was caused intentionally or negligently by you or your party. Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the van unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or our breach of this Rental Agreement.

Breakdown If you have any difficulties report these immediately to us. In the event of breakdown, recovery or repair services will be provided. All our vans have breakdown and rescue cover. Repairs costing in excess of £50 must be authorised by us PRIOR to the work being undertaken. A replacement van may be offered but this will be subject to availability. Our liability extends to either replacing your van with a similar one or refunding your hire charge for any days you lose the total use of the vehicle. If you have caused the breakdown through your own actions you will be liable for all costs incurred and we will not refund you any unused days of hire. If you have broken down you must remain at a safe distance from the van until the Recovery Vehicle arrives. You may not abandon the van at the roadside. You must hand over the keys to the authorised Recovery Vehicle Driver. If you abandon the vehicle, we will deduct any transport and labour costs incurred in returning the van to our workshop and any costs arising from loss or damage to the van whilst it is unattended from your Security Deposit.

Accidents, theft and vandalism

You must, where possible, report any traffic accident involving the van to the police (and us) immediately and report loss, damage or theft involving the van to the police (and us) within 24 hours of the incident or discovery of the incident. Our insurance requires that you must not admit to any liability, release any party from liability, settle any claim or accept any disclaimer in the event of the accident, but should, if possible, take the names and addresses of everyone involved, including witnesses, car registration numbers, together with all the details of the accident, time, place, how it came about, damage to vehicles etc. If you have a camera, take photos of the scene. Please do not move the vehicles before the police arrive, as long as keeping them in situ is a safe thing to do.

An accident or theft report form must always be completed and submitted to us when you return the van or within 3 days of return of the vehicle, containing all the above information, plus diagrams/photos if possible. In the event of theft, you must return the keys to us where possible. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings, providing evidence and attending court if necessary, arising out of any loss of or damage to the vehicle.

Return of items left in the campervan  We will be happy to return your belongings left in the campervan provided you pay postage and packing per item. This will be deducted from your security deposit or invoiced as necessary.

Your Liabilities  You are personally liable for all road tolls, fines and legal penalties (e.g., parking tickets, speeding) which are incurred during your period of hire. Any charges subsequently notified to us, will be immediately invoiced to you and we will require payment within 14 days. If we are still holding your security deposit at this time, we will deduct this sum from that deposit. By signing (or confirming online) this Agreement, you accept this. You are liable for any losses or damage caused by you and/or your group and we cannot accept liability for any losses or damage or liability caused by you to yourselves or third parties, or their property.

You are fully responsible for damage caused by failure to assess the height of the van and striking overhead or overhanging objects. You will indemnify us against any liability, caused by damage to overhead or overhanging objects and subsequent damage to third parties and their property. You will also be responsible for any damage to third parties and their property that arises through your negligence; for example and without limitation: damage caused through loaded luggage and cycles.

You must use the van and its contents responsibly and comply with our instructions and Health and Safety Guidelines. Where no instructions or advice or guidelines are given you must assume that ‘normal’ and ‘common sense’ rules apply.

Breaches of these Terms and Conditions If you commit a breach of these Terms and Conditions or our Health and Safety Guidelines, we will have the right to terminate your booking without notification, and if you are already in the van, we may require you to return or vacate it immediately. In the event of you committing a breach of these Terms and Conditions no refund of the fees you have paid will be returnable to you. You will also be liable for any costs incurred in returning the van to our workshop. Breaches in our Terms & Conditions or Health and Safety Guidelines may invalidate your insurance and you will be liable for all losses howsoever sustained including claims by third parties.

Our Liability to You We will only be liable for any loss or damage suffered by you or any member of your party or to your or their property, where such loss or damage is due to our negligence. To the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of our liability to customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by you for the right to use the van for the period agreed.

Should snow, ice or even excessive salt be on the roads on the day you are due to pick up or be picked up in one of our vans, it is likely that your booking would have to be rescheduled or cancelled and the amount you have paid us, minus £150 deposit be returned to you.

Whole Agreement These Terms and Conditions override and supersede all previous versions and any previous course of dealing between the parties and incorporate the whole Agreement together with any insurance conditions notified to you at the time of hire or collection. In the event of any inconsistency between these Terms and Conditions and any other of our literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms and Conditions will prevail. If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

Personal Data When you book your campervan, we collect personal information such as (but not restricted to) your name, email address, home address, telephone number. This allows us to book the campervan and insurance for you. We will also collect non-transactional data should you enter a competition, request a brochure or take part in a survey, for example. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest brochure, supplements, newsletters and special offers. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post. We reveal your identity information to our insurance company. We will not sell your information to another company.

If you do not wish any photos, journal entries or other feedback to appear on our social media or website, please advise us in advance or at time of hire.

Governing law and jurisdiction We and you agree that the Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with Scots’ law. We and you irrevocably agree that the Courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.