WE ASK THAT THESE TERMS AND CONDITIONS ARE
CAREFULLY READ 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 KIM OR JOHN BOOTY ON 01206 230966/ 07964740486
1. Details and body of the contract
2. We are Manningtree Trailer Hire Limited) of
63 Tile Barn Lane Lawford Manningtree Essex CO11 2LT. These terms shall apply to the hire of the horsebox and all services
that we supply to you.
2.1 No contract shall exist between you and Manningtree
Trailer Hire limited for the hire of the horsebox and any services until we have received and accepted your order.
2.2 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.
2.3 It is your responsibility to us for ensuring the accuracy
of any order (including whether the horsebox 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 vehicle horsebox or as we may reasonably require within
a sufficient time to enable us to perform the contract in accordance with its terms.
2.4 The contract shall be subject to your right of cancellation.
2.5 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
horsebox and services
3.1 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.
3.2 The horsebox is subject to availability at the time of
your order. If, after acceptance of your order, the horsebox you have ordered is not available, we shall inform you
immediately, and refund all monies in FULL at the date of cancellation.
3.3 We shall make every effort to ensure that prices shown
in my 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.
4.1 Payment for the hire services can be made by any method shown
in our quotation at the time you place your order. Payment may be made by debit card or credit card we do
not accept American express, we do not charge any extra for paying on your credit card..
4.2 deposit of 25% of the total hire price is payable at the
time of your order. Subject to your rights to cancel the contract in accordance with these terms (see below) this deposit
will NOT be refundable to you. You are also liable for the damage/collision excess of £500.00 in the event of an accident.
4.3All outstanding sums in respect of the price for the hire
services will become payable not less than 14 days before the proposed commencement of hire. Unless we have already
received the full outstanding payment from you in respect of the total price for the hire services, we shall automatically
charge the balance of the price to your credit card 14 days before the proposed commencement of hire. You hereby acknowledge
that you will be required to provide us with your credit 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
4.4 Please note that the horsebox will not be made available
to you until we have received and cleared all funds due and payable to us for the hire services.
4.5 Any payment sent by post will be at your own risk and we
accept no responsibility for any payment not having been received by us or where payments have been incorrectly completed
4.6 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
horsebox reserved for you at the time of your order may be released by us for hire to any other customer without liability
4.7 You herein authorise us to submit the payment, credit card
vouchers if a credit card has been presented as a means of deposit or security.
5.1 Unless we otherwise agree in writing delivery of the vehicle
horsebox shall be made by you collecting it at our premises on the date agreed for the commencement of hire. Please
note that collection and return times for the horsebox shall be provided for on the confirmation of order form. Note all horseboxes
must be returned by 8pm on the date of hire unless prior agreement has been given to return the horsebox later than 8pm
a £30.00 charge will automatically be applied for late return.
5.2The hiring of the horsebox will commence on the date on
which the horsebox is to be collected by you as agreed on the confirmation or order form.
5.3 We will prepare an acceptance form which will specify
the precise details of the horsebox, including details of its state and condition and requirements for its use. At the
time of collection of the horsebox you will be required to sign the form to confirm your acceptance of the condition of the
horsebox and understanding of the use and application to which the horsebox 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 horsebox before signing
and thereby accepting the condition and application of the horsebox.
5.4We will use all reasonable endeavours to have the horsebox
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.
5.5 We will use our reasonable endeavours to ensure
that the horsebox will be provided with a fuel tank full of fuel at the commencement of hire. Please return the horsebox
with a full tank of fuel. Failure to do so will result in the cost of the fuel being deducted from your debit/credit
5.6 Prior to the release of the horsebox, you shall be required
to provide us with the following forms of identification in respect of each proposed driver of the horsebox (in each case
the original is to be provided) – the hard copy of each driver’s current driving licence, UK passport
and originals of 2 utility bills less than 3 months old, 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 horsebox will not be
made available to you until we are reasonably satisfied with your forms of identification and the horsebox will not be released
until all such documents have been produced in accordance with these terms.
6. Your right to cancel
6.1:You have the right to cancel the contract at any
time up to the end 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.
6.2 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.
6.3 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.
6.4 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 horsebox
on the intended dates of hire subject always to us being entitled to retain 25% of the total hire price in consideration of
the additional administrative charges arising as a consequence of your request
7. Our promise to you
7.1 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.
7.2 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 horsebox without our prior approval.
7.3 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 from an appropriately qualified person
7.4 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
8.1 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 horsebox. Please quote our membership number at all times, and note Equestrian
Support Services terms of conditions also permanently displayed in the horsebox.
8.2 Where any repair or maintenance is necessitated
by an accident or by any negligent use of abuse of the horsebox, your security deposit of £300 will be retained by us, the
final cost of repair will be assessed by an Independent Authorized Horsebox specialist and we will agree a final settlement
figure with you, up to a maximum of £500.00 (less your £300 holding fee). £500.00 is the excess figure as determined by our
insurance company .
8.3 In the event that the horsebox 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
9.1 You shall obtain and ensure the adequacy and accuracy
of all necessary qualifications, registrations, memberships, permissions and licences and conform to all relevant rules and
regulations as may be required for you to drive and otherwise use the horsebox. 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 horsebox you may legally drive.
You should ensure that you have checked all such restrictions with the appropriate authorities before entering into this hire
9.2 All drivers whom you have notified us of (and been approved
in writing by us on the Delivery and Acceptance Form) of the horsebox must be between the ages of 25 and 70 years and must
have held a full unendorsed UK or EC driving licence for a period of at least 3 years prior to the proposed date of
commencement of hire. Drivers must have had 1 year recent regular vehicle driving experience, Non-British Subjects must have
had at least 3 years recent regular vehicle driving experience in the UK. (This means no minor convictions or motoring convictions
in the past 3 years).
9.3 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.
9.4 Foreign Service Personnel, Armed Forces, Entertainers, Students
and Professional Sportsmen and students under 23 years of age, jockeys and persons connected with racing are excluded
from hiring the horsebox.
9.5 You shall during the continuance of this hire contract:
9.6 Ensure that the horsebox 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 driving licences in the appropriate classes.
- pay for all fuel for the proper
running of the horsebox
- indemnify us against all fines, penalties and liabilities payable by us by virtue of your
hire and/or use of the horsebox 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 horsebox.
take or allow the horsebox 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 horsebox which has been made available to you in accordance with these terms
sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part thereof
not attempt or purport to do so.
- not remove or interfere with any identification marks or plates affixed to the
- take all necessary steps at your own expense to retain and recover possession and control of the horsebox
of which you lose possession or control.
- permit us or our authorised representatives at all reasonable times to
enter upon the premises where the horsebox may from time to time be garaged or parked to inspect test the condition of the
horsebox 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 horsebox, be solely responsible
for ensuring that:
(a) fluid levels are checked and adjusted as necessary
(b) the exterior, interior and upholstery
of the horsebox is kept clean
(c) notify us immediately of any damage
(d) the horsebox is not used or operated
in a manner contrary to any statutory provision or regulation or in any way contrary to law
(e) 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
(f) not carry more persons or
equine animals than is recommended by the horsebox 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 horsebox and
not overload the horsebox or permit the horsebox to be overloaded. The maximum is two horses with a maximum combined weight
of 1080 kilos Equitrek .1100kg if spare wheel removed.
(g) not deface or suffer to be defaced
the paintwork, body and coachwork of the horsebox
(h) not fit towing equipment or other accessories or carry out any alteration
or modification to the horsebox 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.
(i) bear the cost of the repair or rectification of any damage
to the horsebox resulting from negligence or improper use of the horsebox by you or any person who has used the horsebox during
the hire contract, up to a maximum of £500.00 (which is the excess laid out to us by our insurers).(HIGHWAY INSURANCE)
keep the horsebox 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.
: uneven wear of tyres, slits in tyre walls.
9.7 Immediately give notice to us of the happening of any loss
or damage to the horsebox.
9.8 Indemnify us against all damage and neglect (whether
caused by animals or otherwise) to the horsebox or its contents arising from the breach of your obligations under these terms
(including your failure to return the horsebox 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 £50 surcharge in respect of any failure to return both the living/cab area and the horse area of the horsebox in good
clean condition, and
9.9 Keep the horsebox adequately secured at all times.
9.10You shall be responsible for complying with any legislation
or regulations governing the use of the horsebox in the country and destination and for the payment of any duties
9.11 All equine animals to be carried by the horsebox must be
approved by us prior to the commencement of hire.
9.12 Please note that smoking is STRICTLY PROHIBITED in any part
of the horsebox.
9.13 Dogs may be carried in lorry with our prior agreement
, however they may not travel in any part of the rear compartment please state on your order form if dogs are to travel
9.14 The horsebox shall not be driven by you for more miles
than provided for on the order confirmation form and if you breach this obligation an additional charge will be made to you
on the return of the horsebox at the rate of .40 per mile as shown on the order confirmation form which you
authorise us to deduct from your debit/credit card. The maximum mileage allowed on a single daily rate is
300 miles per day (35p per mile thereafter)
9.15 Not remove any furniture from the horsebox.
9.16 For the avoidance of doubt any and all animals transported
with the horsebox 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 ,. We reserve the right to satisfy ourselves that each equine
traveling is adequatley insured all equines travelling must be accompanied with its own up do date passport.
9.17 Under no circumstances do we permit the hirer to sublet , or use our horseboxes for
the purpose of hire and reward,if any such vehicle is found to have been sublet whilst on hire the insurance will be
come null and void and the hirer will liable for any accident, damage, or liability to Manningtree trailer hire
limited and any other 3rd party involvement
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 horsebox with our consent and subject to our right to
take possession of the horsebox 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 horsebox
or in recovering possession of the horsebox on default of delivery by you under these terms will be reimbursed by you to us
The horsebox shall at all times remain the property of Manningtree
Trailer Hire Limited and you shall have no rights to the horsebox 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 horsebox are or may be prejudicially affected.
12. Return of the vehicle and/or horsebox
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 horsebox with our consent and shall (unless
we otherwise agree) forthwith return the horsebox (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 we otherwise agree in writing, the return of the
horsebox shall be made by you returning it at our premises on or prior to the date agreed for the expiry of hire as provided
for on the confirmation of order form.
12.3 Please ensure that you return the horsebox on or before
the date and time as provided for in the confirmation of order form and in accordance with these terms. It is important
that the horsebox is returned on time so that it can be prepared in readiness for release to other customers.
12.4 In the event that you do not return the horsebox on time
and in accordance with these terms
12.5 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 a £30.00 charge will apply if the horsebox is returned after 8.30pm without prior agreement.
12.6 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 horsebox in accordance with these terms.
12.7 You hereby authorise us to charge all such penalties against
your debit/credit card.
12.8 Please note that NO REFUND or other discount will be given
where the horsebox is returned early.
12.9 The horsebox should be returned with its fuel tank full
of fuel. In the event that the horsebox’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 £10.00 fee for
our time in replacing the fuel for you.
12.10 If your horse/pony will not load and the horsebox
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 horsebox insured under a fully
comprehensive policy against loss or damage to its full replacement value (with an excess of £500.00) for the period of your
hire and there shall be no additional charges where your use of the horsebox is to be restricted to England, Wales and Scotland.
13.2 Only those persons named as drivers on the hire proposal
form may drive our vehicles in accordance with our insurance terms.
13.3 Please note that the use of the horsebox 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 horsebox 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 and such other animals that we consent to being carried in the horsebox 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. We would also advise you to take out appropriate holiday insurance.
13.5 In no event shall we be responsible to you for any loss
or damage or injury to personal goods or possessions equine animals and other animals or yourselves and you hereby
agree to indemnify us against any loss, damage or injury to the horsebox (and any of its contents) 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 horsebox
is subject to a £500.00 excess and you hereby authorise us to charge all sums not covered by a policy of insurance to your
13.6 You shall not use or allow the horsebox 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 horsebox, 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 horsebox 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.
14. Overseas travel
We can arrange a seperate quotation for overseas travel on a
case by case basis.
we can also offer european cover at an additional cost..
15. Our Liability to you
15.1We 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
(a) death or personal injury caused by our negligence
(b) liability for defective products under
the Consumer Protection Act 1987
(c) fraudulent misrepresentation
C: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.
D: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.
failing to have valid and appropriate licence consents, permissions, membership and any other qualifications required for
the use of the horsebox.
- your providing us with incorrect or incomplete information.
E: 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
horsebox 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 horsebox being hired.
F: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.
Manningtree Trailer Hire Limited is not responsible in any way
or form including financially for any driving offence which happened whilst you the hirer were driving/hiring the horsebox.
Any offences which occurred whilst the hirer was hiring the horsebox and sent to Manningtree Trailer Hire limited at
a later date will be forward to the hirer.
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 Manningtree Trailer Hire Limited at the address or facsimile number or e-mail address shown on covering
correspondence.Please do not take the horsebox from the premises if you do not agree fully to the above terms.
Please note your car may be left at your own risk at our premises during the duration of your
DATES OF HIRE...........................................................
NAME OF HIRER...........................................................
DATE OF BIRTH............................................................
Manningtree Selfdrive Horsebox & Trailer Hire t/as
(Manningtree Trailer Hire Limited)