Hire Term & Conditions

Last updated 1st May 2021.

Discovery Motorhomes is a subsidiary of Chesterfields Direct UK LTD and therefore all terms and conditions and contracts are held by Chesterfields Direct UK LTD.

  1. Definitions and Interpretation
    1. In these Hire Terms & Conditions, unless otherwise stated or the context otherwise requires:
      1. ‘Booking Deposit’ means a deposit payment of £250 of the Hire Charge payable in accordance with clause 2.
      2. ‘Collection Time’ means the agreed collection time (or window of time) and date stated on the Rental Agreement.
      3. ‘Contract’ means your contract with Discovery Motorhomes as confirmed via email in accordance with clause 2.2 together with these Hire Terms and Conditions and from the time of signature, the Rental Agreement .
      4. ‘Customer’ means the person or persons nominated as the hirer under the heading ‘Hirer’s Name / Contact’ on the Rental Agreement, any person whose credit or debit card is presented in payment of the customer’s charges, or any person who deems themselves to be the legal entity and ultimately responsible for the Vehicle.
      5. ‘Delivery’ means the transfer of physical possession of the Vehicle to the Customer at the Depot.
      6. ‘Depot’ means Discovery Motorhomes premises selected at the time of booking and confirmed via email.
      7. ‘Driver’ means the person or persons nominated as the driver(s) under the heading customer and any Additional Drivers on the Rental Agreement.
      8. ‘Hire Charge’ means the total charge for the hire of the Vehicle stated on the Rental Agreement, payable by the Customer to Discovery motor homes in accordance with clause 2.
      9. ‘Rental Agreement’ means the rental agreement signed by the Customer and Discovery Motorhomes for the rental of the Vehicle at the time of collection, which shall be subject always to these Hire Terms & Conditions.
      10. ‘Rental Period’ means the hire period as stated 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, but exceeding no more than 3 months.
      11. ‘Return Time’ means the agreed return time (or window of time) and date stated on the Rental Agreement.
      12. ‘Security Deposit’ means the refundable GB £1,000 held as security by Discovery Motorhomes in relation to this hire.
      13. ‘Vehicle’ means the vehicle as stated 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.
    2. If any of the terms of the Contract conflict with or contradict each other those terms will over-ride each other in the following order of priority: (1) the Rental Agreement; (2) these Hire Terms and Conditions; and (3) any other document referred to therein.
    3. The headings in these Hire Terms and Conditions are intended for reference only and do not affect their construction.
    4. Words denoting persons include individuals, companies, partnerships, unincorporated associations and other bodies (in each case, wherever resident and whether or not having separate legal personality) and references to a company shall include any company, corporation or other body corporate wherever or however incorporated or established.
    5. A reference to a party is a reference to a party to this Contract, and parties shall be construed accordingly.
    6. A reference to a statute, statutory provision or subordinate legislation shall be construed as including a reference to that statute, provision or subordinate legislation as in force at the date of this Contract (and as from time to time amended, re-enacted or replaced) and any subordinate legislation made from time under it.
    7. General words introduced by the word other or the use of the word otherwise shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things where a wider construction is possible.
    8. Words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words and the words includes, including and in particular (or similar term) are not to be construed as implying any limitation and shall be read and construed as if immediately followed by the words without limitation.

  2. Booking and Payment
    1. Availability is on a request and confirm basis at the time of booking.
    2. A booking is only binding after Discovery Motorhomes has confirmed availability and the Booking Deposit has been received in full by Discovery Motorhomes. Once the Booking Deposit has been received by Discovery Motorhomes, a confirmation email will be sent out to the Customer.
    3. Upon receipt of the Booking Deposit, these Hire Terms & Conditions shall apply to the Rental Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate.
    4. Settlement of the remaining balance of the Hire Charge is due no later than six weeks prior to the Collection Time.
    5. Discovery Motorhomes reserves the right to cancel the booking if payment is not received six weeks prior to the Collection Time The Customer shall pay the remaining balance by credit / debit card or bank transfer in pounds sterling.
    6. For late bookings (less than six weeks before the planned Collection Time) the full Hire Charge is payable on booking. Vehicles will not be released without full payment of the Hire Charge being completed.

  3. Hire Rates
  4. Unless otherwise stated, the Hire Charge quoted shall include:

    1. Unlimited miles;
      1. subject to clause 3.1, UK standard vehicle insurance; and
      2. subject to clause 3.2, UK Standard equipment & breakdown cover.
    2. Discovery Motorhomes will arrange full breakdown cover through RAC to cover any mechanical faults to the base chassis of the Vehicle. Any call out charges necessitated by the client through operator error, e.g. a flat vehicle battery, wrong or insufficient fuel, keys locked in Vehicle etc. will be the responsibility of the Customer.

  5. Cancellation charges
    1. There is no statutory right to cancel this Contract. Although there is no statutory right to cancel this Contract, we will provide you with the right to cancel this Contract subject to the charges below, dependent upon the time of cancellation:
      1. More than 42 days before the Collection Time: the Booking Deposit;
      2. 29 – 42 days before the Collection Time: 40% of total Hire Charge;
      3. 15 – 28 days before the Collection Time: 60% of total Hire Charge;
      4. 3 -14 days before the Collection Time: 80% of total Hire Charge; and
      5. 2 days or less before the Collection Time: 95% of total Hire Charge.
    2. To exercise the right to cancel the Customer must inform Discovery Motorhomes of their decision to cancel this Contract by a clear written statement.

  6. Geographical limits on use UK only
  7. Our comprehensive insurance covers the UK only. Travel outside of this country will be in breach of Discovery Motorhomes Terms & Conditions and is expressly forbidden, and you will not be covered by any insurance. Use of the vehicle shall at all times be subject to the provisions of clause 11 and clause 17.

  8. Vehicle Collection & Return
    1. Collection:
      1. The Customer shall collect the Vehicle from the Depot at the Collection Time.
      2. Please allow 1 hour for the hand-over at the Depot – to complete the necessary documentation and allow a full demonstration of the Vehicle.
      3. All Drivers need to be present on collection of the Vehicle and bring their full valid driving licence and passport / UK utility bill no older than 60 days and one of the following alongside, TV/Internet/landline telephone bill, bank or credit card statement, credit card bill/statement, mortgage statement, mobile phone bill and credit or debit card for payment of the Security Deposit.
      4. Discovery Motorhomes will make every reasonable effort to have the Vehicle ready for the designated Collection Time, however Discovery Motorhomes cannot guarantee that the Vehicle will be ready for this time.
    2. Return:

      The Vehicle must be returned on or before the Return Time – please allow 1 hour for the hand-over at the Depot. Vehicles must be returned undamaged, with:

      1. a full tank of diesel;
      2. empty waste water and toilet cassette; and
      3. the interior clean and in the same condition as it left the Depot, otherwise a charge will be made for additional valeting and/or upholstery cleaning.
      4. If the Vehicle is not returned in this condition a charge or charges will be made in accordance with clause 9 (Rental and Other Charges) within 7 days of the Return Time.
    3. Late Return
      1. If the Customer will be late returning it shall advise Discovery Motorhomes immediately. Failure to advise may result in prosecution for driving whilst uninsured.
      2. An additional charge of £50 per hour, payable by the quarter hour, will be made for all late returns.

  9. Vehicle Systems
    1. Discovery Motorhomes will carry out a full inspection on every Vehicle before the commencement of hire and any existing damage will be stated on the Rental Agreement. This inspection involves testing every system on board the Vehicle to ensure that they are operating correctly. In conjunction with this the Customer will be taken on a tour of the Vehicle and shown how each system works.
    2. By signing the Rental Agreement the Customer agrees with the state of the existing damage as specified in the Rental Agreement.
    3. Should an on board system fail during the Rental Period, Discovery Motorhomes will strive to remedy the fault.

  10. Change of Vehicle
  11. Where, due to circumstances beyond its control such as the Vehicle being returned very late or with damage by the previous Customer, Discovery Motorhomes reserves the right to substitute a comparable or superior Vehicle for the Vehicle ordered. In that event, the Customer shall not be liable for any increased hire charges pertaining to the substitute vehicle. Such substitution shall not entitle the Customer to any refund and does not constitute a breach of this Contract.

  12. Rental and Other Charges
  13. The Customer will pay Discovery Motorhomes:

    1. All Hire Charges in accordance with clause 2;
    2. The Security Deposit in accordance with clause 10;
    3. An administration fee of £25.00 per penalty charge notice received in accordance with clause 16.14;
    4. The nominated valeting fee and /or upholstery cleaning fee if the Vehicle is not returned with the interior in a clean condition in accordance with clause 6.2.1(c);
    5. The nominated additional fee of £80.00 if the toilet and / or waste water tank are not emptied prior to the return of the Vehicle in accordance with clause 6.2.1(b);
    6. The cost of refilling the Diesel tank should it not be returned completely full in accordance with clause 6.2.1(a), in accordance with the charges as listed below;
      1. ¾ to full = £30.00;
      2. ½ to ¾ full = £60.00;
      3. ¼ to ½ full = £90.00; and
      4. empty to full = £120.00
    7. The late fee of £50.00 per hour, chargeable quarter hourly, should the Vehicle be returned after the Return Time in accordance with clause 6.3 (b)
    8. The nominated cancellation fee in the event of cancellation of the Contract prior to collection of the Vehicle in accordance with clause 4.1;
    9. The cost of any damage to the Vehicle or third party property, subject to the insurance in accordance with clauses 17-19 (see clauses 17 and 18 for details as to what is covered by the insurance);
    10. All parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period in accordance with clause 16.14;
    11. Any additional costs over and above the Security Deposit value should damages exceed the Security Deposit value in accordance with clause 10.4; and
    12. The cost to recover a Vehicle where recovery is required due to a fault of the Customer.
    13. All charges and expenses payable by the Customer under this Contract are due on demand by Discovery Motorhomes.. If they are not paid within 14 days, then the Customer is liable to pay interest at 1.5% per month above the base rate as published by Yorkshire Bank on the outstanding balance and any additional costs incurred by Discovery Motorhomes, including reasonable legal fees to recover the outstanding money owed.

  14. Security Deposit
    1. The Security Deposit is payable by credit card, debit card upon collection of the Vehicle. The card should be in the lead Driver’s name and the amount will be debited immediately. Pre-paid currency cards cannot be accepted.
    2. The Customer irrevocably authorises Discovery Motorhomes to deduct from the Security Deposit any amounts due to them arising out of this Contract.
    3. The Security Deposit will be refunded within 7 working days of the Vehicle being returned to the Depot as per the criteria set out in clause 6 (Vehicle Collection and Return) provided that there are no outstanding insurance claims. It will not be refunded at the return time. Discovery Motorhomes is not responsible for the length of time it takes the Customer’s card company to process such refund.
    4. Should any damages to the Vehicle or third party property exceed the Security Deposit the Customer will be responsible for settling all additional costs over and above the Security Deposit value within 7 days of Return Time, or within 7 days of such costs being notified to the Customer if later.
    5. The Customer can opt for the CDW option, which they must organise themselves

  15. Use of the Vehicle
    1. The Customer agrees that during the Rental Period, they will use the Vehicle only for the purposes for which it was designed, operate it in a proper manner in accordance with any instructions provided by Discovery Motorhomes, keep the Vehicle in good condition and repair and take all such reasonable steps as are necessary to ensure that the Vehicle is kept safe
    2. The Customer agrees that during the Rental Period, they will not and will not allow the Vehicle to be:
      1. Driven otherwise than in a cautious, prudent and normal manner;
      2. Driven in a manner that would violate UK road traffic laws;
      3. Driven if the Customer is aware of a fault with the Vehicle;
      4. Used in a manner which could cause damage;
      5. Used in a manner that would breach any laws or regulations for using the Vehicle;
      6. Driven in a prohibited area;
      7. Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
      8. Left unlocked whilst the Vehicle is unoccupied;
      9. Left with the ignition key in the Vehicle while it is unoccupied;
      10. Left unoccupied with valuables on clear display; Driven by persons who are not the Driver, in particular, any persons who are:
      11. Under the age of 25 years at the Collection Time;
      12. Over the age of 75 at any point during the Rental Period; or
      13. Who are not authorised by law to drive the Vehicle. Damaged by
      14. Submersion in water
      15. Contact with salt water
      16. Used for any illegal purpose for any race, rally or contest;
      17. Used to tow any vehicle or trailer;
      18. Used to carry passengers or property for hire or reward;
      19. 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 Rental Agreement;
      20. Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material other than gas bottles stored in the Vehicle’s designated compartment and suitably secured; or
      21. Otherwise used in breach of the Customer’s obligations under this Contract.
      22. These examples are not exhaustive; any unlawful or dangerous conduct whilst driving or otherwise making use of the vehicle will be viewed as a breach of this Contract and to the extent Discovery Motorhomes are allowed to do so by law, the Customer will lose the benefit of any damage waivers, personal accident insurance and third party liability insurance.

  16. Road Restrictions
    1. All Vehicles may only be driven on appropriate road surfaces, other than for direct access to or egress from a car park or camping or caravanning site.
    2. Discovery 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.
    3. Discovery Motorhomes reserves the right to monitor the Vehicle’s location continuously throughout the Rental Period.

  17. Alterations to the Vehicle
  18. The Customer shall not make any alterations or additions to the Vehicle without the prior written consent of Discovery Motorhomes. Title and property in all substitutions, replacements or additions made to the Vehicle shall vest in Discovery Motorhomes immediately upon installation.

  19. Title to Vehicle
  20. Discovery Motorhomes retains title to the Vehicle and its contents and the Customer possesses the goods solely on a hire basis. The Customer has no right to pledge Discovery Motorhomes credit in connection with the Vehicle. The Customer 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.

  21. Smoking
  22. All Discovery Motorhomes are non-smoking vehicles. Discovery Motorhomes reserves the right to impose additional valeting and/or upholstery cleaning fees [and charge demurrage] should smoke be detected in the Vehicle.

  23. Passengers
  24. Discovery Motorhomes authorises the use of the Vehicle up to the number of passengers stated in the Rental Agreement. Carrying more than the specified number of passengers is against the law and in breach of these Terms and Conditions. Where required, appropriate child seats must be fitted and it is the responsibility of the Customer to provide and fit these themselves. Children up to 12 years of age or 135cm in height, which ever they reach first, must use the correct child restraints appropriate for their weight/height under UK law.

  25. Drivers
    1. Drivers must:
      1. Be aged 25 years or older at the Collection Time; and
      2. Not be aged 75 or older at any point during the Rental Period.
    2. There shall be a maximum of 3 Drivers per Vehicle.
    3. All Drivers must have held a valid licence for more than 3 years that entitles them to drive a UK category C vehicle over 3500kg GMW.
    4. Drivers holding only an automatic licence can only drive automatic models and this must be declared at the time of booking. Currently our vehicles are manual.
    5. As set out in clause 6.1.b, all Drivers must be present at collection of the Vehicle, no exceptions can be made, and all Drivers must produce a full, valid standard driver’s licence, as well as a valid passport / utility bill no older than 60 days and credit or debit card for payment of the Security Deposit.
    6. Where Drivers possess a GB photocard licence we require the photocard and NI (National Insurance) number to check licence details on the DVLA’s online system. We are unable to insure drivers if we have not DVLA checked their licence details.
    7. Where Drivers possess a modern Northern Ireland licence we require both the photocard and paper counterpart.
    8. The Driver’s licence address must be their current home address, if not, then in addition to this we require either a utility bill or bank statement which has the driver’s name and current address listed
    9. All Drivers whose licences have been issued outside of the EU or Commonwealth are currently not entitled to drive our vehicles.
    10. Endorsements on the Drivers licences must be declared at the time of booking and verified upon signature of the Rental Agreement. Discovery Motorhomes can accept up to 6 points consisting of two minor offences and verification of these endorsements must be verified.
    11. The Driver must declare at the time of booking and confirm upon signature of the Rental Agreement if they have made or had vehicle insurance claims made against them within the last 3 years. Discovery Motorhomes may not be able to get cover should the Customer have had 2 or more claims within the last 3 years, and Discovery Motorhomes shall be entitled at its discretion to reject the booking or cancel the booking in accordance with clause 4 and clause 22.
    12. The Driver(s) must declare their occupation upon booking and again on collection of the Vehicle.
    13. Drivers are personally liable for all legal penalties (including but not limited to parking fines, congestion charges, speeding fines and other fines or penalties and associated administration costs incurred in relation to the Vehicle) which are incurred during the Rental Period. Discovery Motorhomes shall notify the customer of any such penalty notice upon receipt and the customer shall pay to Discovery Motorhomes a £25.00 administration fee in accordance with clause 9. Discovery Motorhomes shall notify the relevant enforcement body of the Driver’s details and the Driver shall be liable directly to such enforcement body.
    14. Discovery Motorhomes is unable to insure any driver with no fixed abode.
    15. Should any Driver fail to present all correct documentation and identification on collection of the Vehicle or otherwise fail to meet the Driver requirements stated in these Terms and Conditions, then they will be unable to drive the Vehicle until such documents are presented. Where this Driver is the sole Driver then Discovery Motorhomes will be unable to release the Vehicle and will consider this as a cancellation under clause 4.

  26. Insurance
    1. Insurance is provided by Markerstudy Insurance Service Ltd through Alan Boswell Insurance Brokers.
    2. The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the Customer (including death or bodily injury to the driver) or cover any personal possessions. The vehicle insurance is arranged by.
    3. The insurance at clause 17.1 includes a standard excess of £500 (is this correct) per accident or reported incident. This does include internal/accidental damage .In the event of any damage to either the Vehicle or third party property, the Customer will be liable for the first £500 per claim.
    4. Only Drivers named on the Rental Agreement are insured to drive the Vehicle.
    5. Windscreens and/or tyre damage is not covered by the standard vehicle insurance and therefore excess.
    6. If the Customer does not provide complete and accurate information in connection with the Driver, the insurance cover shall be deemed void and the Customer shall be responsible for the total cost of any damage.

  27. Collision Damage Waiver
    1. If the Customer opts to get their own CDW with an outside company this will also cover the cost of replacement tyres or windscreen.
    2. CDW applies in respect of the first incident and/or claim, not the entire Rental Period. Once an accident has occurred CDW cannot be restarted and the standard insurance terms at clause 17 will apply.
    3. Any incident must be reported to Discovery Motorhomes within 24 hours of its occurrence otherwise CDW cover will not apply.
    4. Should the Customer be in significant material breach of the Contract, the CDW will be void and the Customer will be liable in full for all costs and damages in accordance with clause 17.
    5. CDW is completely optional and is the customer’s responsibility to source.

  28. Responsibility when accident occurs
  29. In the event of any accident, loss or damage arising out of the use of the Vehicle, the Customer will:

    1. Notify Discovery Motorhomes within 24 hours of the event occurring;
    2. Obtain the names and addresses and insurance details of third parties and any witnesses and report the event to the nearest police station;
    3. Complete an accident claim form as supplied;
    4. Not make any admission of liability to other parties, settlement offer or other like offer; and
    5. Assist Discovery Motorhomes in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
    6. The Customer acknowledges that the excess or other amount due in accordance with clause 17 in respect of any damage arising from an accident, loss or damage is payable (and shall be deducted from the Security Deposit where possible) at the time of reporting the event to Discovery Motorhomes and not at the completion of the Rental Period, regardless of which party is at fault.
    7. The Customer will pay for any costs relating to the delivery of a replacement vehicle in place of the Vehicle as the result of an accident regardless of which party is at fault.
    8. No Security Deposit or insurance excess will be refunded until all insurance claims are settled.

  30. Maintenance
    1. The Customer shall take all reasonable steps to properly maintain the Vehicle, including checking oil and coolant levels, tyre pressures and batteries.
    2. Subject to the terms of this Contract, the Customer will pay for the cost of repairing or replacing tyres damaged during the Rental Period. Discovery Motorhomes will reimburse expenditure reasonably incurred if;
      1. The tyre is defective and is returned to Discovery Motorhomes for inspection; and
      2. The Customer produces relevant receipts; and
      3. The manufacturer accepts liability under the warranty provided.
      4. The Customer will be liable for any costs associated with the incorrect use of fuel. All Discovery Motorhomes vehicles run on diesel.

  31. Credit and Debit Card and Online Payment
  32. Discovery Motorhomes currently accept Visa, MasterCard, Electron and Maestro credit and debit cards and in addition bank transfer.

    When payment is made, the Customer agrees that:

    1. Discovery Motorhomes is authorised to complete any documentation and to take any other action reasonably required to recover from the Customer’s credit, debit card or online payment issuer all amounts due pursuant to this Agreement, including but not limited to those outlined in clause 9;
    2. They will not dispute their liability to Discovery Motorhomes for any amount due under this Agreement and shall be liable to reimburse Discovery Motorhomes for any reasonable loss incurred (including legal costs); and
    3. All transactions under this agreement are conducted in pounds sterling. Where the Customer’s payment issuer bills them in another currency then due to exchange rate fluctuations, there could be some variance between the amount initially debited against the Customer’s credit or debit card or online payment method and the amount refunded within 7 days after the expiration of the Rental Period. Discovery Motorhomes bears no liability for such variation.

  33. Joint and Several Liability
  34. When the Customer comprises more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this Agreement.

  35. Terminating the Agreement
  36. Without affecting any other right or remedy available to it, Discovery Motorhomes may, without notice, terminate this Agreement with immediate effect and repossess the Vehicle at any time (the reasonable costs of which the Customer shall be responsible for) if:

    1. the Customer is in significant material breach of any term of this Agreement;
    2. the Customer has obtained the Vehicle through fraud or misrepresentation;
    3. any statement, representation or warranty made by the Customer in respect to himself or additional drivers is incorrect;
    4. the Vehicle appears to be abandoned;
    5. the Vehicle is not returned on the agreed return date or Discovery Motorhomes reasonably believes that the Vehicle will not be returned on the agreed return date; or
    6. Discovery Motorhomes considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger.

  37. Consequences of Termination
  38. Upon termination of this Agreement however caused:

    1. Discovery Motorhomes consent to the Customer’s possession of the Vehicle shall terminate and Discovery Motorhomes may, without notice and at the Customer’s expense, retake possession of the Vehicle and for this purpose may enter any premises at which the Vehicle is located subject to any law, rule or regulation which restricts such access; and
    2. without prejudice to any other rights or remedies of the Customer, the Customer shall pay to Discovery Motorhomes on demand:
      1. all Hire Charges and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 9.
      2. any costs and expenses incurred by Discovery Motorhomes in recovering the Vehicle and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, legal and remarketing costs).
    3. In the event that Discovery Motorhomes fails to comply with this Contract, it shall be responsible for loss or damage suffered by the Customer that is a foreseeable result of Discovery Motorhomes materially breaching the Contract, or our failing to use reasonable care and skill in providing the Vehicle.
    4. Discovery Motorhomes shall not be responsible for any loss or damage:
      1. caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for the Customer’s purpose; or
      2. to any property left in or on the Vehicle or on any Discovery Motorhomes premises or recovered or handled by Discovery Motorhomes.
    5. Discovery Motorhomes does not exclude or limit in any way their liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by Discovery Motorhomes negligence or the negligence of their employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    6. Discovery Motorhomes shall not be liable for business losses. Discovery Motorhomes provides the Vehicle solely for domestic and private use. If the Customer utilises the Vehicle for any commercial or business purpose, Discovery Motorhomes will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    7. Subject to any insurance arrangements agreed with Discovery Motorhomes, the Customer indemnifies and shall keep indemnified Discovery Motorhomes , its employees and agents against any and all liabilities, costs, damages, claims, demands and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) incurred or sustained by Discovery Motorhomes arising out of or in connection with the Customer’s use and/or possession of the Vehicle.

  39. Warranty
  40. The Customer confirms that all information supplied to Discovery Motorhomes in connection with this agreement is true.

  41. Unforeseen Circumstances
    1. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    2. Discovery Motorhomes will make every effort to ensure that the reserved Vehicle is available for the Customer at the Collection Time.

  42. Data Protection
  43. Discovery Motorhomes shall process your personal data only in accordance with the terms of the Fair Processing Notice at Appendix 1 of this Contract.

  44. Changes
  45. Any changes to the Rental Agreement must be in writing and must be signed by Discovery Motorhomes and the Customer (or their authorised representatives).

  46. Transfer of the Agreement
  47. Discovery Motorhomes may transfer their rights and obligations under these terms to another organisation. Any such transfer will not affect the Customer’s rights under this Agreement. The Customer shall not be permitted to transfer their rights to someone else.

  48. Governing Law and Jurisdiction
    1. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by the law of England in which it was signed.
    2. Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

  49. Severance
    1. If any provision or part-provision of the Rental Agreement or these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these documents.
    2. If any provision or part-provision of the Rental Agreement or these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

  50. Third Party Rights
    1. Unless it expressly states otherwise, the Rental Agreement or these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Rental Agreement or these Terms and Conditions.
    2. The rights of the parties to rescind or vary the Rental Agreement or these Terms and Conditions are not subject to the consent of any other person.

  51. Customer Complaints Procedure
  52. If the Customer has a complaint about Discovery Motorhomes it should be reported as soon as possible to allow Discovery Motorhomes to put it right. The Customer Complaints Procedure has the following goals:

    1. To deal with complaints fairly, efficiently and effectively;
    2. To ensure that all complaints are handled in a consistent manner throughout;
    3. To increase customer satisfaction;
    4. To use complaints constructively in the planning and improvement of all our products and services.

  53. How to complain
  54. Discovery Motorhomes would like to sort out any complaint as soon as possible.

    Many complaints can be resolved informally. In the first instance the Customer should contact the depot staff or letsgo@discoverymotorhomes.co.uk

    If contact is made in person or by phone, the Customer should make a note of the name of the person spoken to, along with any solution offered at this point.

    If the Customer is still not satisfied or does not wish to accept an informal solution, then a formal complaint may be pursued by writing down the complaint and sending it to:

    Discovery Motorhomes
    Unit 5
    Shawclough Trading Estate
    Shawclough Road
    Rochdale
    OL12 6ND

  55. Entire Agreement
  56. The Contract and these Terms and Conditions constitute the entire agreement of the parties and there are no oral undertakings, warranties or agreements between the parties relating to its subject matter.

    Appendix 1

    Fair Processing Notice

    Introduction

    The General Data Protection Regulation outlines 6 principles that all organisations must adhere to. These are:

    Personal data shall be:

    1. Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
    2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’);
    3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimization’);
    4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
    5. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
    6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

    All information taken from forms on our website will be used to provide

    1. the Vehicle hire services set out in the Contract.
    2. marketing in relation to similar services unless you tell us that you do not want to receive such information.

    Information we may collect

    Name, Address, Email Address, Images captured on camera/CCTV, telephone numbers, location data, and payment related data.

    How long Discovery Motorhomes will keep information

    Three years.

    Discovery Motorhomes approach to information security

    To protect your information Discovery Motorhomes has policies and procedures in place to make sure that only authorised personnel can access the information, that information is handled and stored in a secure and sensible manner and all systems that can access the information have the necessary security measures in place. To accomplish this, all Discovery Motorhomes employees, contractors and sub-contractors have roles and responsibilities defined in those policies and procedures.

    To make sure all Discovery Motorhomes employees, contractors and subcontractors understand these responsibilities they are provided the necessary training and resources they need.

    In addition to these operational measures Discovery Motorhomes also uses a range of technologies and security systems to reinforce the policies.

    To make sure that these measures are suitable vulnerability tests are run regularly. Audits to identify areas of weakness and non-compliance are routinely scheduled. Additionally, all areas of the organisation are constantly monitored and measured to identify problems and issues before they arise.

    Your rights

    The right to access information we hold on you

    At any point you can contact us to request the information we hold on you as well as why we have that information, who has access to the information and where we got the information. Once we have received your request we will respond within 30 days. There are no fees or charges for the first request but additional request for the same data may be subject to an administrative fee. In order to process your request Discovery Motorhomes may need to verify your identity for your security. In such cases, your response will be necessary for you to exercise this right.

    The right to correct and update the information we hold on you

    If the data we hold on you is out of date, incomplete or incorrect, you can inform Discovery Motorhomes and we will ensure that it is updated. In order to process your request Discovery Motorhomes may need to verify your identity for your security. In such cases your response will be necessary for you to exercise this right.

    The right to have your information erased

    If you feel that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold after the Rental Period has expired and all insurance claims have been resolved. When we receive your request, we will confirm whether the data has been deleted or tell you the reason why it cannot be deleted. In order to process your request Discovery Motorhomes may need to verify you identity for your security. In such cases your response will be necessary for you to exercise this right.

    The right to object to processing of your data

    You have the right to request that Discovery Motorhomes stops processing your data. Upon receiving the request, we will contact you to tell you if we are able to comply or if we have legitimate grounds to continue. If data is no longer processed, Discovery Motorhomes may continue to hold your data to comply with your other rights. In order to process your request Discovery Motorhomes may need to verify you identity for your security. In such cases your response will be necessary for you to exercise this right.

    The right to data portability

    You have the right to request that we transfer your data to another controller. Once Discovery Motorhomes receives your request, we will comply where it is feasible to do so. In order to process your request Discovery Motorhomes may need to verify your identity for your security. In such cases your response will be necessary for you to exercise this right.

    Consent

    In those cases where we need your consent to hold your information, we will ask you to check a box on any form requiring consent. By checking these boxes you are stating that you have been informed as to why Discovery Motorhomes is collecting the information, how it will be used, for how long it will be kept, who else will have access to it and what your rights are as a data subject.

    Sharing your information.

    Discovery Motorhomes will not share your information with other parties.

    Contact details

    If you have any queries about this notice, need further information or wish to lodge a complaint you can use the details below to contact the relevant party.

    Data Protection Officer/Data Compliance

    Contact: Michael Lester