Misrepresentation Disclaimer & Terms of Sale
Misrepresentation Act 1967 Please Note: These particulars are set out as a general outline for the guidance of intending purchasers to identify the most appropriate vehicles for them to view and do not constitute part of a contract. Whilst every effort is made to ensure the accuracy of the pictures and data shown here, all descriptions, dimensions, reference to condition and other details are given in good faith and are believed to be correct, but intending purchasers should not rely on them as statements or representation of fact, but must satisfy themselves by inspection or otherwise as to the correctness of each item. No responsibility will be accepted for errors in listing made on this site.
The information contained on the Site may be changed at any time without prior notification. Please note that the actual vehicle may differ slightly from specifications and/or the pictures.
Terms & Conditions of Sale
Actual Delivery Date: the date We inform you that the Vehicle will be available for collection having been inspected by Us with all accessories fitted.
Appliances: to include all electrical and gas appliances such as TV, oven, fridge/freezers, stereo, satellite dish.
Fixtures and Fittings: the coachwork of the Vehicle, including internal doors and seals.
Manufacturer: a manufacturer of motorhomes;
Order: your order for the Vehicle as set out overleaf;
Late Payment Penalty: 2% of the total cost of the Vehicle, excluding any value attributed to any Part Exchange vehicle; and
Terms: the terms and conditions set out in the Order and in this document.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
2.1 These are the terms and conditions on which We will supply the Vehicle to you. These Terms will become binding on you and Us when you sign the Order. If your part exchange vehicle is not as declared in the Order, we are entitled at our option to either deduct the reasonable costs of putting the vehicle to the state of condition declared in the Order or reduce the price to reflect the actual state and condition of the part exchange vehicle. Any images of the Vehicle on Our website, in Our catalogues or brochures are for illustrative purposes only.
Delivery of goods
3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Vehicle. We will contact you with an estimated delivery date. We will then contact with the Manufacturer release date of the Vehicle from the Factory. Finally we will give you at least 7 days notice of the Actual Delivery Date. Delivery of an Order shall be completed on the Actual Delivery Date, not the date the vehicle is registered to you. the Vehicle will be your responsibility from the Actual Delivery Date. You will however not be able to drive away the Vehicle until you have completed the registration formalities. We will own the Vehicle until We have received payment in full from you in cleared funds.
The Vehicle will come with a Manufacturer’s warranty in respect of Fixtures and Fittings. The Appliances will come with individual warranties from their manufacturer. The chassis is under warranty from its manufacturer. We are only authorised by the Manufacturer to carry out warranty work to the Fixtures and Fittings of the Vehicle and nothing else.
Price and payment
The price of the Vehicle will be set out in the Order. If the Manufacturer’s list price, rate of VAT or import duties change between the date of the Order and the Actual Delivery Date, We will adjust the Balance Due accordingly, unless the balance due is £0, and payment is received in full before the changes take effect. If you do not make full payment to Us (and if applicable do not also deliver the Part Exchange Vehicle) within 7 days of the Actual Delivery Date we shall charge you the Late Payment Penalty in addition to the Balance Due. Full payment must be made before you drive away the Vehicle. We may also charge interest to you on any Overdue Amount, including the Late Payment Penalty, at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
If you do not collect the Vehicle within 7 days of the Actual Delivery Date, we will also charge you £15.00 per day storage for the Vehicle from the Actual Delivery Date, plus VAT, until all Overdue Amounts are paid and the Vehicle collected.
Our liability to you
If We fail to comply with these Terms, We may be responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. Our total liability is limited to the price of the Vehicle. We only supply the Vehicle for domestic and private use. You agree not to use the Vehicle for any commercial, business or re-sale purpose, and We have no liability to you for any private consequential losses including loss of holiday, travel and accommodation, any loss of profit, loss of business, business interruption, or loss of business opportunity.
Rights to cancel and applicable refund
7.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods:
(a) If you have inspected the Goods at our usual place of business (our normal place of business includes our Manufacturers trade stands at shows such as the NEC Motorhomes Show), once you have placed an order with us you shall not have the right to cancel,
(b) If 7.1.(a) does not apply then you may cancel any Order within 14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you and return the monies paid, less any Non Refundable Deposit.
(c) If you cancel an Order because of a price increase as set out in 5.1, then we shall return all monies paid by you.
(d) We may cancel the Order at any time before the Actual Delivery Date. If we do so we shall return all monies paid by you to Us, without deduction.
Information about us and how to contact us
8.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01302 710 543 or by e-mailing Us at email@example.com If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Premium Motorhomes at Plumtree Industrial Estate, Bawtry Road, Bircotes, Doncaster, DN11 8EW. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
How we may use your personal information
We will use the personal information you provide to Us to; provide the Goods; process your payment for such Goods; and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. We will not give your personal data to any other third party.
Other important terms
We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 5.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. Misrepresentation Act 1967 disclaimer on our website confirms the contract has primacy over other media with regards to the description of goods sold. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
Terms & Conditions of Hire
1. General Premium Motorhomes Limited herein after referred to as “The Company” offers Motorhomes for hire according to the following Terms & Conditions. The Hirer agrees and avers to have read and understood this document in its entirety. Upon signing the booking form the hirer is legally deemed to have agreed and accepted all these terms and conditions. Any disputes will be resolved under English Law
2. Eligibility All drivers must be 25 years or over and under 70 years of age, of good health and held a full driving licence for at least 3 years (exceptions to these rules are available upon request and may carry an additional charge) The licence must be free of endorsements for the past five years (with the exception of two speeding offences and parking offences). Any driving convictions, accidents, insurance claims (In the past 5 years) disabilities and medical conditions must be declared prior to booking. The licence and 2 forms of proof of identity, 1 to be photo ID and the other to be proof of residence (i.e. passport, utility bills or credit cards statements etc) must be produced at the time of vehicle collection Visitors from abroad must hold a current International Driving Licence. The final decision on suitability to drive rests with the Company. No one other than the drivers named in the insurance proposal form may drive the hire vehicle.
3. Insurance / Damage Deposits Comprehensive insurance for UK (mainland only) is included in the hire charge for 1 driver only meeting the above eligibility criteria. Extra drivers may be added to the policy at an additional cost of £20 per person, per hire. An insurance excess of £1,000(£1,000 for European travel) is applied to the policy by the underwriters. This excess applies to each and every incident and it includes any loss or damage to equipment, fixtures including damage to tyres, wheels and wheel trims, loss of roof lights or damage to third party vehicles or property. Hirers are advised to arrange their own personal effects and travel insurance. The vehicle is only insured for the hire period stated in the rental agreement and therefore the driving of the vehicle after the expiry of the contract period may result in the driver committing a traffic offence. Furthermore the hirer is entirely responsible for any accidental damage, injury or consequential loss after the expiry of the hire period. The hirer is responsible to ensure that the total number of persons to be carried doesn’t exceed the vehicle berth limit and all passengers are wearing a seatbelt whilst the vehicle is in motion. A damage deposit of £1,000 (£1,000 for European travel) will be charged and is payable by the hirer before collection of the motorhome. This amount may vary for major events. The damage deposit will be refunded if the vehicle is returned on time, clean and undamaged. Should the condition not be so, then the repairs, replacements and cleaning costs will be deducted from the balance. Unemptied toilets will be charged at £50 for emptying and vehicle interior cleaning at £100, cleaning of cooker, fridge and/or shower £25. The waste water tank must be emptied and flushed through with clean water. A charge of £25 will be levied if this is not adhered to. Refunds are paid after our cleaning and inspection of the returned vehicle or within 10 days of the termination of hire. European cover (EU Member countries only) is included on request for an additional fee. By accepting our terms and conditions you are deemed to have accepted the insurance underwriter’s terms and conditions also WE EXPECT YOU TO RETURN THE VEHICLE IN THE SAME CONDITION IT WAS COLLECTED
4. General Exclusions Whilst the vehicle is in your care, you are responsible for ensuring that all reasonable precautions are taken against damage to, or theft of, or from the vehicle. When you leave the vehicle, ensure all windows and rooflights are closed, doors are locked and you have the keys. Do not give the keys to anyone else or permit unauthorised persons to drive the vehicle. Your insurance does not cover theft of, or from the vehicle. You will be 100% responsible for all losses to the company if: • The vehicle has been left unlocked; • They keys have been left inside the vehicle • Window(s) and or door(s) have been left open; • You have allowed someone else to drive it and they take it away
5. Booking Deposit A deposit of 20% is payable on reservation and will be deducted from the total hire charge. This deposit is non refundable in the event of cancellation by the hirer.
6. Payment. The balance of the hire charge must be paid at least 6 weeks prior before the commencement of the hire (sooner for long term hire) or at the time of booking if later. If the payment is not made on time, the booking will be regarded as unconfirmed and provision of the vehicle is therefore not guaranteed. A surcharge of 2% will be made for balances paid by credit card.
7. Cancellation Cancellations must be in writing. Should you unfortunately need to cancel your booking the following applies PERIOD TO START OF HIRE More than 42 days (6 weeks) Between 42 – 15 days Between 14 days & day of hire AMOUNT PAYABLE Deposit only 50% of hire charge 100% of hire charge Hirers are strongly advised to take out insurance against unavoidable cancellation. The Company may cancel the hire if at any time of collection the nominated drivers licences are invalid or not in accordance with the terms and conditions. In this event all monies paid will be forfeited (except the for the damage deposit).
8. Availability The Company agrees to have the vehicle clean and available at the time and date required, but if for any reason the vehicle is not available, the Company will do their best to make an alternative vehicle available, or return in full all monies paid. In this event the hirer shall have no claim of any kind against the Company. The Company reserves the right to refuse to enter into an agreement with the prospective hirer without giving a reason.
9. Collection & Returns Motorhomes are available for collection at a predetermined time between 2pm to 6pm on the date of collection and must be returned no later than 10.30am on the date of return. Your cooperation in returning vehicles at the arranged time is essential in order that the vehicle will be clean and available for the next hirer. No refund is available for early return of vehicle. Failure to return the vehicle within the agreed time on the last day of hire means the vehicle is not insured and renders the hirer to criminal prosecution. Failure to return the vehicle on time also incurs a penalty charge of £50 per hour or part thereof, together with any additional costs incurred by the Company.
10. Breakdown/Accident In the event of a breakdown or accident, services are at the full disposal of the Hirer. Instructions for repair or replacement, at a cost not exceeding £50 may be given by the hirer who will be reimbursed on the production of a receipted invoice at completion of hire. Company approval must be obtained in respect of repairs/replacement in excess of £50. The Company will not be responsible for hotel or any other expenses subsequent to a breakdown but will refund the hire charges for any complete days loss of use of the vehicle, nor will they be under any liability for third party claims or damages with any accident or breakdown. In the event of an accident involving the vehicle, the hirer shall notify the Company by telephone immediately after the event or as soon as practicably possible, thereafter a completed accident report form must be handed to the Company at termination of hire. The maximum height of your vehicle is clearly stated. Any overhead damage is the responsibility of the hirer over and above the excess. Damage to tyres (including punctures) wheels and wheel trims and damage to windscreens are not covered by the Companies insurance and are therefore the hirer’s responsibility. This must be reported on return
11. Care & Custody of Vehicle The hirer shall only drive the vehicle while qualified to do so and whilst holding all necessary and current licences and permits and shall at all times drive the vehicle in a careful and skilful manner in accordance with all legal requirements. The hirer shall not use the vehicle for racing, pacemaking or any other purposes other than domestic and social purposes and shall not carry any passengers in the vehicle for hire or reward. They must use the vehicle in a reasonable and proper manner and the hirer is liable for any damage, fault or loss to or in the vehicle or its fixtures and fittings as a result of the hirer’s negligence or misuse of the vehicle. The maximum number of persons carried in the vehicle shall be no more than the maximum number of sleeping berths. The hirer shall not take the vehicle off the English, Scottish or Welsh mainland without prior consent of the Company. The hirer shall at no time pass possession or custody of the vehicle to any other person. The vehicle must be locked at all times when left unattended.
12. Loss No claims by the hirer will be considered in respect of any loss or damage to personal belongings or effects of the hirer or any person or persons.
13. Fuel, Oil and Coolants. These items are at the hirer’s expense. Vehicles are supplied with a full tank of fuel and should be returned full. If not the company will charge a fee of £20.00 and 100% of the fuel cost. The cost of any shortfall will be born by the hirer. The hirer is liable if incorrect fuel is used. The hirer will be responsible for maintaining the correct level of engine oil and coolants. Failure to do so may result in engine damage for which the hirer will be responsible.
14. Gas The vehicle will have two gas cylinders, one serviceable and one full. Should replacement cylinders be required, these will be at the hirers expense. A like for like replacement should be returned with the vehicle. The vehicle must be returned with one full bottle unused or there will be a charge of £30.00. If the cylinder is missing a charge of £50 will be levied.
15. Equipment All vehicles are fitted with a new gas bottle, cutlery, crockery, cooking utensils, TV/DVD, BBQ. Additional items i.e. bedding, towels and bike racks can be supplied on request and may carry an additional charge. A Satellite Navigation system is available for £20 per hire if required.
16. Fines All fines incurred by the hirer for infringement of traffic laws or regulations and tolls are the responsibility of the hirer and must be settled by that person. The hirer also agrees to reimburse the Company in respect of any cost and expense incurred by the Company in recovery of such fines and penalties from the hirer.
17. Pets Although we do allow pets into allocated vehicles, there is an additional charge of £50 to cover a valet necessary for removal of pet hairs. All damage however caused by pets will be charged to the hirer in full over and above the excess on the policy. There will be an additional charge of £250 in the event of the vehicles needing to be cleaned after pets.
18. Smoking The Company operate a strictly enforced NO SMOKING or NAKED FLAME policy in all vehicles. ANY OFFENDER WILL FORFEIT THEIR DEPOSIT IN FULL.
19. Continental Hire This is available at on request and carries an additional charge
20. Free Parking. Customers are welcome to leave their vehicles in the Companies storage area during the hire period. Vehicles are left entirely at the owner’s risk.
21. Exclusion and Liability The Company shall not under any circumstances be liable to make any payment to the hirer in respect of or to indemnify the hirer against loss, injury or damage sustained by the hirer or any third party as a result of the presence or use of the vehicle or as a result of any defects therein and in taking delivery of the vehicle the hirer shall be deemed to have satisfied himself that it is in all respects roadworthy and in proper and safe condition
The following process has been introduced to avoid lengthy resolution of any complaint that a customer may raise. We ask customers to follow this process which is designed to provide a fair and reasonable recourse.
1. Should a customer have any concerns they must contact a member of staff in the first instance. We shall endeavour to try to resolve their concerns as soon as possible, usually before the end of the next working day. If this isnt possible we will contact the customer within 5 working days to explain what we are doing and when you can expect a resolution. The Customer is to send the details of any complaint in writing to the following email address firstname.lastname@example.org.
2. Within 8 weeks we will contact the customer either with a final response letter advising you of our findings, or an update on our investigations and confirmation of when we expect to be able to provide a final response, if appropriate.
3. If the customer still considers the complaint hasn’t been addressed to their satisfaction, Premium Motorhomes subscribes to the Motor Ombudsman Alternative Dispute Resolution service, a Trading Standard Institute approved provider. The customer should write to the Motor Ombudsman, detailing their complaint. Alternatively the customer may contact the NCC (National Caravan Council) Alternative Dispute Resolution service.