Horsebox Hire Terms
BARLOW TRAILERS LTD BUSINESS & HIRE TERMS FOR HORSE BOXES
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS FOR YOUR REFERENCE. IF YOU HAVE ANY QUESTIONS OR QUERIES IN RELATION TO THESE TERMS PLEASE CONTACT US ON 01772 600395.
1. Details and body of the contract
2. We are Barlow Trailers Ltd, Southport Road, Ulnes Walton, Nr Leyland, Lancashire, PR26 8LP and these terms shall apply to the hire of all horse boxes and all other services that are supplied to you.
2(a) No contract shall exist between you and Barlow Trailers Ltd for the hire of the horse box, and any other services until we have received and accepted your order.
2(b) We shall send to you confirmation in writing by post or email to the address or email address that you have given. On confirmation of your order, there shall exist a binding legal contract between us that shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
2(c) It is your responsibility to us for ensuring the accuracy of any order (including whether the horse box is adequate for your purposes) submitted by you, and for giving us any necessary co-operation, assistance and information relating to the hire of the horse box as we may reasonably require within a sufficient time to enable us to perform the contract in accordance with its terms.
2(d) The contract shall be subject to your right of cancellation.
2(e) We have the right to change these terms without notice to you in relation to any future hire provided that we shall notify you of any such changes a reasonable time prior to any further hire by you.
3. Description & price of the hire of the horse box and services
3(a) The description and price of the hire services that you order will be as shown in our quotation already provided to you at the time that you place your order.
3(b) The horse box is subject to availability at the time of your order. If, after acceptance of your order, the horse box you have ordered is not available, we shall inform you immediately, and refund all monies in FULL at the date of cancellation.
3(d) We shall make every effort to ensure that prices shown in the quotation are accurate at the time that you place your order. However, if an error is found, we shall inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel, we shall refund you in FULL for any sum that has been paid by you.
4(a) Payment for the hire services must be made by debit card or credit card.
4(c) A deposit of 50% of the total hire price is payable at the time of your booking. Subject to your rights to cancel the contract in accordance with these terms (see below) this deposit will NOT be refundable to you if cancellation is made within seven days of your collection. You are also liable for the insurance excess of £750 in the event of an accident, unless you have purchased our damage/collision waiver option of £10 per day. The fuel level of your vehicle will be full upon collection, a £100 cash deposit will be required which will be refunded at the end of your hire if the vehicle is returned full once more.
4(d) All outstanding sums in respect of the price for the hire services will become payable on collection using the same credit / debit card as was ued for the deposit. You hereby acknowledge that you will be required to provide us with your credit / debit card details at the time of your order and by giving us such details you authorise us to charge the outstanding sums and all other sums that may become due from you to us in accordance with these terms.
4(e) Please note that the horse box will not be made available to you until we have received and cleared all funds due and payable to us for the hire services
4(f) If the payment of any fees by you is not made in accordance with these terms you will be deemed to have requested the termination of the contract and you hereby acknowledge that the horse box reserved for you at the time of your order may be released by us for hire to any other customer without liability to you.
5(a) Unless we otherwise agree in writing, collection of the vehicle horse box shall be made by you at our premises on the date / time agreed for the commencement of hire. Please note that collection and return times for the horse box shall be provided for on the confirmation of order form. The horse box needs to be returned NO LATER THAN 5.15pm on the day of your hire unless previously agreed in writing. Otherwise a financial penalty will apply.
5(b) The hiring of the horse box will commence on the date on which the horse box is to be collected by you as agreed on the confirmation or order form. The horse box can normally be collected by you at 5.30pm the day before your hire, unless previously agreed (please note this is entirely at our discretion) or at 9am on the day of your hire but the horsebox must be returned by 5.15pm on the day of your hire. (We reserve the right to make a charge if the Horse Box is not returned on time.)
5(c) We will prepare an acceptance form which will specify the precise details of the horse box, including details of its state and condition and requirements for its use. At the time of collection of the horse box you will be required to sign the form to confirm your acceptance of the condition of the horse box and understanding of the use and application to which the horse box is to be put. You will be asked to ensure that you have read the form carefully and checked all inventories and other specifications against the horse box before signing and thereby accepting the condition and application of the horse box.
5(d) We will use all reasonable endeavors to have the horse box available for collection on the date and time agreed on the confirmation of order form but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our control.
5(e) Prior to the release of the horse box, you shall be required to provide us with the following forms of identification in respect of each proposed driver of the horse box (in each case the original is to be provided) – the hard copy of each driver’s current UK driving licence, containing details of their current residential address. Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the horse box will not be made available to you until we are reasonably satisfied with your forms of identification and the horse box will not be released until all such documents have been produced in accordance with these terms.
5 (f) Barlow Trailers Ltd reserve the right to refuse supply any hire vehicles without reason or explanation. In this event all monies will be fully refunded to you.
5 (g) If you wish to leave a car or any other vehicle on our premises, we will endeavor to provide a car parking space under the strict agreement the vehicle and its contents are left entirely at the owner's risk.
6. Your right to cancel
6(a) You have the right to cancel the contract at any time up to the end of seven working days from the date of confirmation of the order for hire. However you will NOT be able to cancel the contract once we have begun to perform the hire services with your agreement. Your 40% deposit is non-refundable.
6(b) To exercise your right of cancellation you must give written notice to us by hand or by facsimile or by post or email at the address or facsimile number or email address shown on the confirmation of order form, giving details of the hire services ordered.
6(c) Once you have notified us that you are cancelling the contract, we will (if you are entitled to cancel the contract in accordance with these terms) refund you within 30 days for any sums that have been paid by you or debited from your credit card for the hire services, less your 40% deposit.
6(d) You may request the termination of the contract at any time. Your request must be in writing and sent to us at the address or facsimile number or e-mail address shown on the confirmation of order form and you agree that no refund of the full fee for the hire services will be due to you in the event of such termination. Provided Always that we shall use our reasonable endeavours to re-hire the vehicle and/or horse box on the intended dates of hire subject always to us being entitled to retain 40% of the total hire price in consideration of the additional administrative charges arising as a consequence of your request
7. Our promise to you
7(a) The hire services will be performed by us that all reasonable skill and care and to a standard of quality that is reasonable for you to expect.
7(b) We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written) misuse or alteration or repair of the horse box without our prior approval.
7(c) Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice.
7(d) If you have any other complaint about the hire services, you should notify us in writing at the address or facsimile or e-mail address above.
8. During the course and duration of this contract we will
8(a) arrange for the provision of any roadside rescue (if required) You must at all times telephone Equestrian Support Services of which we have a contract. The telephone number and details is permanently displayed in the horse box Please quote our membership number at all times, and note Equestrian Support Services terms of conditions also permanently displayed in the horse box.
8(b) except where any repair or maintenance is necessitated by an accident or by any negligent use of abuse of the horse box, the final cost of repair will be assessed by an Independent Authorized Horse Box Specialist and we will agree a final settlement figure with you, up to a maximum of £750.00,which is the excess figure determined by our insurance company.
8(c) In the event that the horse box becomes temporarily un-roadworthy (other than as a result of accident damage, theft or vandalism) we will inform you as soon as possible and refund your monies in FULL.
9. Your obligations to us
9(a) You shall obtain and ensure the adequacy and accuracy of all necessary qualifications, registrations, memberships, permissions and UK licences and conform to all relevant rules and regulations as may be required for you to drive and otherwise use the horse box. Please note that if you did not pass your driving test before 1st January 1997 you may be restricted as to the size of the horse box you may legally drive. You should ensure that you have checked all such restrictions with the appropriate authorities before entering into this hire contract.
9(b) All drivers whom you have notified us of (and been approved in writing by us on the Delivery and Acceptance Form) of the horse box must be between the ages of 25 and 70 years and must have held a full UK driving licence for a period of at least 3 years prior to the proposed date of commencement of hire. Drivers must have had 1year recent regular vehicle driving experience, Non-British Subjects must have had at least 3 years recent regular vehicle driving experience in the UK.
Drivers must not have any mental or physical infirmity, unless such a condition has been declared to and accepted by the DVLA, not have had any insurance declined, cancelled, renewal refused or special terms imposed, have had no more than one driving accident in the last 3 years.
9(c) You shall during the continuance of this hire contract:
- ensure that the horse box is driven or otherwise operated and used in a safe and proper manner and for the purposes for which it was designed and without risk to health by persons who at all times hold valid and current UK driving licences in the appropriate classes. - pay for all fuel for the proper running of the horse box -and do not let the truck run low on fuel (e.g.: no less than a quarter of a tank of fuel)
- inform and indemnify us against all fines, penalties and liabilities payable by us by virtue of your hire and/or use of the horse box or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the horse box
- not take or allow the horse box to be taken out of England, Wales or Scotland without receiving our prior written authority and, in the event of that authority being given, only on such terms as we deem fit.
- collect from and return to us, or from and to such place as we shall advise the horse box which has been made available to you in accordance with these terms
- not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horse box or part thereof not attempt or purport to do so.
- not remove or interfere with any identification marks or plates affixed to the horse box
- take all necessary steps at your own expense to retain and recover possession and control of the horse box of which you lose possession or control.
- permit us or our authorised representatives at all reasonable times to enter upon the premises where the horse box may from time to time be garaged or parked to inspect test the condition of the horse box and to ensure that you are and have complied with your obligations as herein provided.
- notify us immediately of any change in your address.
- in respect of the condition and maintenance of the horse box, be solely responsible for ensuring that:
(i) fluid levels are checked and adjusted as necessary
(ii) the exterior, interior and upholstery of the horse box is kept clean
(iii) notify us immediately of any damage
(iv) the horse box is not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law
(v) in horse boxes use all partitions and such other equipment for the sole transportation of equine animals and not transport any equine animal unless they have been properly secured. - no hazardous, explosive or dangerous goods are to be transported
(vi) not carry more persons or equine animals than is recommended by the horse box manufacturers (as provided for or referred to in the Delivery and Acceptance Form) and at all times comply with all load and weight restrictions as may apply from time to time in using the horse box and not overload the horse box or permit the horse box to be overloaded. The maximum is two horses with a maximum combined weight of 1150 kilos.
(vii) not deface or suffer to be defaced the paintwork, body and coachwork of the horse box
(viii) not fit towing equipment or other accessories or carry out any alteration or modification to the horse box nor alter except by way of suitable replacement, any parts or part of it, mechanical or otherwise or any of its accessories, without our prior written consent.
(ix) bear the cost of the repair or rectification of any damage to the horse box resulting from negligence or improper use of the horse box by you or any person who has used the horse box during the hire contract, up to a maximum of £750.00 (which is the excess laid out to us by our insurers), unless the damage waiver option has been paid for.
(x) keep the horse box in good repair and condition, fair wear and tear excepted where such expression is to have its ordinary and natural meaning but does not include:
- Bodywork : dents or scratches
- Upholstery : stains, burns or tears in seats, headlining or carpets
- Mechanical : the ramps. Partitions, engine, gearbox, clutch, axles, suspension steering and brakes not being in good working order.
- Electrical : lighting and all equipment not being in good working order.
- Tyres : uneven wear of tyres, slits in tyre walls.
9(d) immediately give notice to us of the happening of any loss or damage to the horse box
9(e) Indemnify us against all damage and neglect (whether caused by animals or otherwise) to the horse box or its contents arising from the breach of your obligations under these terms (including your failure to return the horse box and any of its contents and accessories in good clean order and working condition) and you hereby authorise us to charge such costs and expense against your debit/credit card. Please note that there is a £100 surcharge in respect of any failure to return both the living/cab area and the horse area of the horse box in good clean condition, and
9(f) keep the horse box adequately secured at all times.
9(g) You shall be responsible for complying with any legislation or regulations governing the use of the horse box in the country and destination and for the payment of any duties
9(h) All equine animals to be carried by the horse box must be approved by us prior to the commencement of hire. Our Horse Boxes are built to carry equines only.
9(i) Please note that smoking is STRICTLY PROHIBITED in any part of the horse box
9(j) Dogs and other pets are not allowed in the horse box.
9(k) Not remove any furniture from the horse box
9(l) For the avoidance of doubt any and all animals transported with the horse box shall be carried at your risk and you should have appropriate insurance cover in place as to the same. Each horse transported should have its own insurance and evidence of this will have to be produced. Each equine travelling will also have to provide evidence of its up to date passport.
10.1 We may, upon any breach by you of any of the provisions of this hire contract by notice in writing terminate this contract and upon that happening this contract and the hiring constituted by it shall determine and you will no longer be in possession of the horse box with our consent and subject to our right to take possession of the horse box and to recover from you our recoverable losses and to any pre-existing liabilities to us, neither party shall have any rights against the other.
10.2 Any expenses incurred by us in repossessing the horse box or in recovering possession of the horse box on default of delivery by you under these terms will be reimbursed by you to us on demand.
11.1 The horse box shall at all times remain the property of Barlow Trailers Ltd and you shall have no rights to the horse box other than as hirer and you shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the horse box are or may be prejudicially affected.
12. Return of the vehicle and/or horse box
12.1 On termination of the hire howsoever or whenever occasioned or on expiry of the period of hire, you shall no longer be in possession of the horse box with our consent and shall (unless we otherwise agree) forthwith return the horse box (including all equipment, tyres, tools, handbooks and all other accessories) to us at our premises in good clean order and working condition and at your expense and risk.
12.2 Unless otherwise agreed, the return of the horse box shall be made by you returning it at our premises on or prior to the date / time agreed for the expiry of hire as provided for on the confirmation of order form.
It is important that the horse box is returned on time so that it can be prepared in readiness for release to other customers.
12.3 In the event that you do not return the horse box on time and in accordance with these terms
12.3.1 a penalty payment of £50 will immediately become payable to us for each hour between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £150): and
12.3.2 you shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against us and arising from your failure to return the horse box in accordance with these terms.
12.4 You hereby authorise us to charge all such penalties against your debit/credit card.
12.5 Please note that NO REFUND or other discount will be given where the horse box is returned early.
12.6 The horse box should be returned with its fuel tank full of fuel. In the event that the horse box's fuel tank is not returned full you hereby authorise us to fill the tank on your behalf and deduct the cost thereof from your debit/credit card, additionally being charged a £25.00 fee for our time in replacing the fuel for you.
12.7 If your horse/pony will not load and the horse box is returned early, there will be no refund, so please check before your horse/pony will box.
13.1 We shall insure and keep the horse box insured under a fully comprehensive policy against loss or damage to its full replacement value (with an excess of £750.00, for the period of your hire and there shall be no additional charges where your use of the horse box is to be restricted to England, Wales and Scotland. Loss or damage of less than the maximum excess of £750.00 is chargeable at the actual amount incurred unless the damage waiver option has been paid for.
13.2 Only those persons named as drivers in the insurance proposal form which you will be required to complete prior to the hire commencing may drive the horse box.
13.3 Please note that the use of the horse box beyond the agreed period of hire is not covered by the above insurance policy and you hereby agree to indemnify us against all claims liability damages losses costs and expenses including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising from your failure to return the horse box on time and in accordance with these terms.
13.4 You shall remain solely responsible for insuring and keeping insured all personal goods and possessions that do not belong to us or are otherwise provided by us at the commencement of hire (including all equine animals that we consent to being carried in the horse box and the transportation of the same) under an appropriate insurance policy with suitable cover and with a reputable insurer. Such insurance should include cover against the risk of loss or damage by fire, theft, accident and other risks including third party risks as are normally insured against in this respect.
13.5 In no event shall we be responsible to you for any loss or damage to personal goods or possessions equine animals and you hereby agree to indemnify us against any loss or damage to the horse box (and any of its contents) (except for any caused by our own negligence) in so far as it is not covered by a policy of insurance. Please note that the insurance policy maintained by us in respect of the horse box is subject to a £750.00 excess and you hereby authorise us to charge all sums not covered by a policy of insurance to your debit /credit card.
13.6 You shall not use or allow the horse box to be used for any purpose not permitted by the terms of the above policies of insurance or do or allow to be done any act or thing whereby such insurance may be invalidated.
13.7 In case of accident:
You shall, in the event of an accident that results in damage to the horse box, procure that:-
(a) You shall forthwith notify us of the accident and in any event within 24 hours after the accident.
(b) The driver of the vehicle must complete and deliver to us the relevant accident report within 24 hours after the accident.
(c) No admission of liability is to be made to any person in relation to such accident.
(d) Any writ or summons or other document relating to any proceedings arising out of such accident is forthwith delivered to us.
(e) All assistance is rendered to us and our insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing committing such proceedings to be brought by us in the name of you and defending any proceedings brought against us.
(f) You shall forthwith upon demand fully and effectually indemnify us against all losses, liabilities, costs, actions, claims or demands which we may incur or have brought or made against us in relation to the horse box or its use and which are not recoverable under the policy of insurance.
(g) The names and addresses of all witnesses thereto are collected and given to us.
13.8 Hirer Restrictions:
We are unable to let out on hire or to be driven by:-
(a) Hirers under the age of 25 or over the age of 75 years of age
(b) Hirers who do not have a full valid UK driving licence or one that has been held for less than 2yrs
(c) Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their UK driving licence endorsed or suspended or more than 6 penalty points imposed. ("Spent" convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded)
(d) Persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of a claims experience and/or have had their insurance or cover cancelled by any Motor Insurer
(e)Persons engaged wholly or partly in professional entertainment or professional sports persons.(f). Jockeys and persons connected with racing, gaming industry or press of any sort.
(f) Persons who, whilst driving have been involved in more than one accident during the past 3 yrs.
14. Overseas travel
We do not allow overseas travel.
15. Our Liability to you
15.1 We make no promises, whether express or implied, in relation to the accuracy of information supplied by us and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
15.2 Nothing in these terms shall restrict our liability to you for:
(a) death or personal injury caused by our negligence
(b) liability for defective products under the Consumer Protection Act 1987
(c) fraudulent misrepresentation
15.3 In no event shall we be liable to you for any damages, including any lost profits or prize funds, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the hire services even if we have been advised of the possibility of such damages.
15.4 Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry comprehensive insurance cover.
15.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the hire services if the delay or failure was due to your breach of these terms or any cause beyond our reasonable control. For example, matters beyond our reasonable control would include (but would not be limited to):
- your failure to provide us with payment when properly due in respect of the hire services in accordance with these terms.
- your failing to have valid and appropriate licence consents, permissions, membership and any other qualifications required for the use of the horse box
- your providing us with incorrect or incomplete information.
15.6 In no event shall we be liable to you for any additional and/or consequential losses, expenses or costs incurred as a result of your agreeing to accept a replacement vehicle and/or horse box in accordance with these terms. For example this would include (but would not be limited to) matters such as additional ferry charges or road tolls arising from a larger vehicle and/or horse box being hired.
15.7 You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the hire services on an economic basis without such limitations.
16. Data Protection
16.1 We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorised access to information supplied by you.
16.2 We shall only use the information you provide about yourself for the purpose of fulfilling your order unless you agree otherwise. However we would like to inform you about other products and offers that may be of interest to you from time to time. If you do not want to be notified of these please advise us prior to or upon the commencement of hire. You can correct any information about you, or ask us for information about you to be deleted, by giving written notice to us at the address or e-mail address shown above.
16.3 Barlow Trailers Ltd is not responsible in any way or form including financially for any driving offence which happened whilst you the hirer were driving/hiring the horse box. Any offences which occurred whilst the hirer was hiring the horse box and sent to Barlow Trailers Ltd at a later date will be forward to the hirer.
17.1 We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms upon notification to you.
Should you have any questions concerning these terms you may contact Barlow Trailers Ltd at the address or facsimile number or e-mail address shown on covering correspondence.
IMPORTANT NOTICE FOR HORSE BOX HIRERS
RE: Horse Passport Regulations
We urgently draw your attention to the requirements for carrying passports when travelling with your horse. From 28 February 2005, horses must be accompanied by their passport when moving under the following circumstances:
1. For the purpose of competition
2. For the purpose of breeding
3. In or out of Great Britain
4. To other premises where a veterinary medical product is to be administered
5. To the premises of a new keeper
6. To a slaughterhouse
7. For the purposes of sale
Over recent weeks Trading Standards have been carrying out spot checks on horse transporters and private owners as they travel throughout Britain and have indicated their intention to impose fines of between £2,000 - £5,000 for any horse travelling without a passport.
We recommend that you carry your horse passports at all times when travelling For the purpose of your ESS membership, we must advise that our national network of horse transporters could refuse to help recover your horse from a breakdown or accident if they are not travelling with their passports.
Your co-operation would be greatly appreciated.