Terms and Conditions of Hire
Your attention is drawn in particular to the provisions of Conditions 1.3, 1.13, and 17.
Definitions
Clarkie’s Campers is a trading name of John Clark (Holdings) Limited a company registered in Scotland. Our company registration number is SC098411 and we have our registered office at Alliance Centre Greenwell Road, East Tullos Industrial Estate, Aberdeen, AB12 3AX. Our registered VAT number is 671087234. Wherever the words “we”, “us” or “our” appear in these Terms and Conditions, this is a reference to Clarkie’s Campers.
Additional Driver means the person identified on the Booking Form as an additional driver of the Campervan you seek to hire.
Booking means your hire of one of our Campervans for the Hire Period under these Terms and Conditions.
Booking Deposit means a part payment of the Hire Price to secure the Booking.
Booking Form means the form on our Website that you require to complete to request a Booking or if you phone us to make a Booking, the form that we shall complete with information provided by you to make a Booking.
Campervan means any van or other vehicle provided for hire by us under these Terms and Conditions.
Campervan Hire Extras means any extra requirements, equipment, goods, or service you add to your Booking including Additional Drivers, pets, bike racks, airport transfers, additional insurance premium etc., all as described on our Website.
Contract means your contract with us comprising these Terms and Conditions and your Order Summary.
Driver means the person named on the Booking Form as the main driver of the Campervan you seek to hire.
Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation: (a)acts of God, flood, drought, earthquake or other natural disaster; (b)epidemic or pandemic; (c)terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d)nuclear, chemical or biological contamination or sonic boom; (e)collapse of buildings, fire, explosion or accident; (f) any labour or trade dispute, strikes, industrial action or lockouts.
Hire Period means the period from the collection of a Campervan by you from us until the return of the Campervan to us as agreed in the Order Summary, which may be extended in line with Condition 5.
Hire Price means the total price payable for the hire of the Campervan for the Hire Period, including any applicable taxes, insurance and Campervan Hire Extras as confirmed on our Website or by us on the telephone when completing your Booking Form.
Insurance Excess means an amount that must be paid towards any insurance claim made under these Terms and Conditions.
Insurance Policy means the insurance policy maintained by us for the purpose of providing insurance cover to persons hiring Campervans.
Maintenance Payment means a payment we may pay to you under Condition 14.2
Order Summary means the email communication we send you confirming the details of your Booking with us, including the spec of the Campervan, the Security Deposit amount, when the Security Deposit will be taken, the dates and times for the collection and return of the Campervan, the Booking Deposit, the confirmed Hire Price, and the date before which the balance of that the Hire Price must be paid.
Security Deposit means the sum payable under Condition 5 prior to the start of any Hire Period, which will be set out in the Order Summary.
Terms and Conditions means these terms and conditions, as may be amended from time to time.
Website means our website at clarkiescampers.com or such other URL that may replace it.
You means the person entering into this Contract with us for the Booking.
"Writing" includes emails but not fax. When we use the words "writing" or "written" in these terms, this includes emails
2. Information About Contacting Us
How to contact us. If you need to contact us please can you email us or telephone 01224 725412.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Booking Form or have otherwise notified to us as your preferred means of communication.
3. Your Contract with Clarkie’s Campers
You will be deemed to have made Clarkie’s Campers an offer on the basis of these Terms and Conditions by completing a Booking Form with details of your wish to hire a Campervan from us together with details of any Campervan Hire Extras you require. Subject to Condition 3.4, you will require to pay a Booking Deposit at the time you submit your Booking Form, which will be deducted from the Hire Price. Separately, you will require to pay a Security Deposit in accordance with Condition 5.
Clarkie’s Campers will be deemed to have accepted your offer on the basis of these Terms and Conditions when we send you an Order Summary together with details of our Insurance Policy and brake down cover. A binding Contract on the basis of these Terms and Conditions will be formed between you and us when we accept your offer.
You will be asked to provide details of the Driver and any Additional Drivers and of the driver’s licences of any Driver and Additional Drivers (if any). Information given concerning a Driver’s or Additional Drivers’ driver’s licences may be validated following receipt of your Booking Form. We reserve the right to refuse a Booking Form offer based on the result of this verification or any other reason at our discretion. If we are unable to accept your offer set out in the Booking Form, we will inform you of this and will reimburse you for any sums paid.
Our Website is solely for the promotion of our services in the UK. Unfortunately, we do not accept requests to hire our Campervans and travel in locations outside of the UK.
4. Payment of Hire Price
The Hire Price (inclusive of Campervan Hire Extras) will be on our Website when you submit your Booking Form or we will inform you of the Hire Price if you complete our Booking Form on the telephone. We take all reasonable care to ensure that the Hire Price advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the Hire Price.
If the rate of VAT changes between the date you submit your Booking Form and the date we supply the Booking/Campervan, we will adjust the rate of VAT that you pay, unless you have already paid the Hire Price in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the Campervans for hire may be incorrectly priced. We will normally check prices before accepting your Booking Form so that, where the correct price at the date you submit your Booking Form is less than the Hire Price we communicated to you, we will charge the lower amount. If the correct price at the date you submit your Booking Form is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your Booking Form where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid to us. If we propose an increase in the Hire Price and you are not happy, you may cancel the Contract and we will refund you any sums you have paid.
If your Booking is for a Hire Period that begins within 7 days of the date you submit your Booking Form to us you must pay the Hire Price in full at the point you submit your Booking Form.
If your Booking is for a Hire Period that begins more than 7 days after you submit the Booking Form, you may either pay a Booking Deposit or pay the Hire Price at the point you submit your Booking Form. Should you choose to pay the Booking Deposit, the remainder of the Hire Price shall be due 7 days prior to the Hire Period commencing.
We will use your payment details to take payment for your Booking. We use a third party payment processor to take your payment. We will accept payment by Debit or Credit card. In the event we need to make any refunds to you under the Contract, payment will be made to the original payment method used to pay us. Any refunds will be made as soon as reasonably practicable.
If you do not pay the Hire Price when it is due, we reserve the right to refuse your Booking Form.
5. Security Deposit and Additional Fees
A refundable Security Deposit will be held on your preferred payment method 4 days prior to the start of your Hire Period to cover any additional fees incurred (see condition 5.2). Please note that some card payment holders do not facilitate holds on cards and therefore your Security Deposit may be charged to your card by their request. Please ensure you check with your cardholder. Subject to the remainder of this Condition 5, the Security Deposit will be released/refunded 7 days after the end of the Hire Period less any incurred costs.
We reserve the right to retain the Security Deposit in whole or in part, but only to the extent of the value of the actual costs, or losses, that have been incurred if:
you cause damage or loss to the Campervan or the property of any third party during the Hire Period including accidental damage to the Campervan, theft of a Campervan, chips to a windscreen, replacement of a windscreen, damage to the interior etc;
we require to instruct a professional clean of the Campervan as a result of your hire, including e.g. to remove pet hair from furnishings;
you are late in returning the Campervan to us in which case we will charge you an additional sum for the period you are late together with any additional insurance costs incurred as a result;
you incur parking fines, other fines or penalties that we receive as owners of the Campervan.
If we decide to claim on our Insurance Policy for any loss or damage that you caused to our Campervan, we reserve the right to deduct the Insurance Excess value from your Security Deposit.
If costs that arise in pursuant to this agreement are higher than the Security Deposit, we reserve the right to charge you the difference above the amount of the Security Deposit.
If we are not able to secure your Security Deposit, we reserve the right to cancel your Booking.
6. Changes to your Booking
You may request a change to your Booking up to 14 days prior to the Hire Period. To request a change to your Booking please email us or call us on 01224 725412.
Clarkie’s Campers will aim to accommodate amendments to reservation dates where possible but it will be subject to availability and we reserve the right to increase the Hire Price of the Booking. Any additional sums due as a result of any changes requested by you will require to be paid at the time of requesting the change. We will aim to accommodate any extensions to the Hire Period if requested within 48 hours of the end of the Hire Period, but cannot guarantee it.
In order to manage our bookings effectively, we may change your Campervan colour and registration, although it will be the same model. Should events such as accident or damage occur to your Campervan that are out with our control that mean that your Campervan model is not available, Clarkie’s Campers reserves the right to replace your campervan with an alternative model. However if the Campervan offered is materially different to the one you reserved in terms of size or functionality, you can cancel your Booking and we will refund you any sums paid by you to us, without any further liability.
7. Insurance
Clarkie’s Campers recommends that customers take out their own travel insurance to cover for any illnesses (including COVID-19 illness and any self-isolation regulations imposed on the Driver and/or Additional Drivers) as well as medical cover whilst on hire.
The Hire Price includes the benefit of the Insurance Policy, a summary of which we will provide with our Order Summary. We recommend having your own insurance policies in place for any events that are not covered by the Insurance Policy. We reserve the right to change details of the Insurance Policy that is provided with the Booking at any time and where we do this we will notify you as soon as reasonably practicably.
In the event that you cause damage to a third party which is not covered by the Insurance Policy, you will be liable for any amounts payable to such third party.
In the event that you cause damage to the Campervan that is not covered by the Insurance Policy, then you will be liable to us for the amount of our loss. This loss may include the cost of repairing or replacing the Campervan, and the amount of revenue we lose in respect of future bookings already secured in respect of such Campervan at the date on which we become aware of the damage to the Campervan.
An Insurance Excess applies to all claims, i.e. you are responsible for paying the first part of all claims, and this will normally be taken from your Security Deposit. We offer Insurance Excess Reduction Waiver solution which can cover your liability for the Insurance Excess and this will be offered during the ordering process.
The Insurance Policy may only apply to the agreed Hire Period – if you return the vehicle late you may not be insured. If you are late in returning the Campervan, you must contact us and we may be able to arrange extension to the insurance cover. We reserve the right to charge an Insurance extension fee (as explained on our Website) to arrange an extension of the Hire Period, plus any additional premium levied by the provider of the Insurance Policy.
The Insurance Policy covers certain damage caused to the Campervan and certain damage caused to third parties. It does not cover claims where the Campervan was being used in contravention of these Terms and Conditions. It does not cover certain types of damage such as punctures, damage to windows, or damage caused to the interior of the Campervan.
8. Cancellation of Your Booking
You may cancel your Booking with us at any point before the Hire Period. If you cancel your Booking the following charges will apply:-
If you cancel more than 7 days but less than 14 days before the start of your Hire Period, we reserve the right to charge you up to 50% of the Hire Price; or
If you cancel within 7 days of the start of your Hire Period, we reserve the right to charge you up to 100% of the Hire Price.
We may cancel your Booking with us at any time before the Hire Period. If we cancel your Booking with us for any reason other than:-
A breach by you of your Contract with us;
An issue with the Driver’s or an Additional Driver’s driver licence(s); or then you will be entitled to a full refund of the all sums paid to us
We reserve the right to request copies of any information reasonably required at least 1 week prior to the Hire Period, including but not limited to drivers’ licences, national insurance numbers, photo identification, or other information we may request during the Booking process or in the Booking Form.
We reserve the right to cancel your Booking with us if, upon presentation of the Driver and/or Additional Driver’s driving licences to us at the start of the Hire Period, the driving licence(s) is/are invalid, do not correspond with the information provided during the Booking process, or do not conform to the requirements of Condition 9, and we shall be entitled to charge you the whole of the Hire Price.
We reserve the right to cancel your Booking if you materially breach an of the terms in the Contract during the Hire Period with particular reference to Condition 12. In such circumstances we reserve the right to collect the Campervan from you and retain all of the Hire Price paid to us.
9. Drivers
Drivers must be between 21 and 74 years old. Drivers aged over 25 years must have held a full UK licence for a minimum of 12 months. Drivers aged 21-24 must have held a full UK licence for 24 months.
Non-UK licence holders Drivers must be aged over 25 and must have held a full licence for a minimum of 24 months.
Persons who have been convicted of a crime during the past 5 years that would mean they are not covered by the Insurance Policy, or have any such prosecution pending are not acceptable. We reserve the right to cancel any Booking by such persons.
Drivers must provide their Photo ID license and have their National Insurance number prior to Hire Period plus 2 items of proof of residence.
Additional Drivers must provide Photo ID license prior to the Hire Period.
If the Driver or Additional Driver(s) do not have a Photo License ID, a paper license and a passport is required.
Details of any Additional Drivers are required in advance of Hire Period and must be present at the point of collection of the Campervan.
We reserve the right to add an Insurance Premium Add-on to the Hire Price if a Driver or Additional Driver is aged 21-24, or holds a non-UK Driver’s License
10. Passengers
Clarkie’s Campers authorise the use of their Campervans for up to 4 Passengers, including the Driver and any Additional Driver(s).
11. Pets
Pets or other animals are not allowed in the Campervan without our prior consent.
We only permit up to two dogs at one time.
We reserve the right to add charge extra for pets to be carried in the Campervan.
You are expected to return the Campervan’s interior in a reasonable condition, cleaned of visible pet hair and dirt.
We reserve the right to charge a fee for cleaning the Campervan after you return it if we believe reasonable efforts to clean the campervan of pet hair and dirt have not been made.
12. Collecting Your Campervan
Collection – when collecting the Campervan, you must allow 20 – 30 minutes for handover which will enable Clarkie’s Campers to demonstrate vehicle features and finalise documentation.
The collection times are Monday to Friday between 10:00 and 12:00hrs. However, there is flexibility if required and we will aim to accommodate your requests when possible.
Vehicle checklist – at the point of collection you will be provided with a vehicle checklist that a member of the Clarkie’s Campers team will talk you through. We ask that you also complete this prior to returning the Campervan and we will go through this checklist with you upon the return of the Campervan.
Delivery of your Campervan is not provided as standard. Please see our Campervan Hire Extras for details of delivery services we can provide.
13. Using the Campervan
During the Hire Period, you must adhere to the following usage. You agree that during the Hire Period, you, any Additional Driver, or any passenger will not:
Drive otherwise than in a cautious, prudent and normal manner;
Use the Campervan in a manner which could cause damage to the Campervan or a third party’s property;
Drive in a prohibited area or in an area other than the areas indicated by Clarkie’s Campers. As a standard, prohibited areas are those other than sealed / bitumen roads. Clarkie’s Campers reserves the right at any time, at our sole discretion, to restrict Campervan movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
Allow the Campervan to be driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
Leave the ignition key in the Campervan while it is unoccupied
Allow the Campervan to be driven by persons under the age of 21 years; or who are not authorised by law to drive the Campervan. Requirements for Drivers are set out under Condition 8 in these Terms and Conditions.
Allow the Campervan to be damaged by:
Submersion in water
Contact with salt water
Use or allow the Campervan to be used for any illegal purpose;
Use or allow the Campervan to be used for any race, rally or contest;
Use or allow the Campervan to be used to tow any vehicle or trailer;
Use or allow the Campervan to be used to carry passengers or property for hire or reward;
Use or allow the Campervan to be 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 this agreement;
Use or allow the Campervan to be used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
Smoke or allow any Driver, Additional Driver, or passenger to smoke, vape, or use any flammable materials in the Campervan;
Allow anyone in the Campervan to avoid the use of safety restraints at all times when the Campervan is in motion; or
Allow any alterations to the Campervan without the consent of Clarkie’s Campers.
14. Maintenance
You shall take all reasonable steps to properly maintain the Campervan, including maintaining oil, water, and battery levels.
You acknowledge that Clarkie’s Campers will reimburse you up to the Maintenance Payment reasonably incurred in rectifying any mechanical failure to the Campervan (not including the water system, refrigerator, heating, audio equipment) provided that:
You produce relevant receipts for the expenditure;
You receive the prior consent of Clarkie’s Campers for the expenditure; and
The expenditure is not due to your fault, or any breach of these Terms and Conditions.
Subject to these Terms and Conditions, you will pay for the cost of repairing or replacing tyres damaged during the rental period and agree to:
Contact Clarkie’s Campers to notify us of damage to a tyre or tyres immediately;
Await confirmation from Clarkie’s Campers concerning details of replacement of the tyre or tyre repair, and the location of the repair being completed;
Replace any tyre with the same tyre brand and quality or like for like in quality if the brand is not available; and
Pay the full costs of repair or replacement directly to the garage, or be liable for all costs of replacement.
You agree to be fully liable for any costs associated with the incorrect use of fuel, including putting anything in the Campervan’s engine that could cause it damage.
15. Breakdowns
We shall provide you with information on our breakdown coverage when we sent you our Order Summary.
When calling for assistance, please have the following information to hand: – Your name and location – Registration number and colour of Your Vehicle, Volkswagen model – Description of the issue – Your mileage (if known) – A telephone number where You can be contacted Please do not make arrangements without first contacting Volkswagen Roadside Assistance on 0800 777 172. If You are ringing from a mobile phone in the UK, please call 0330 100 3242
The breakdown cover we offer may include roadside assistance, vehicle recovers, and onward travel assistance. Please familiarise yourself with our breakdown cover and use it in the event of a breakdown. Please inform us if your Campervan has broken down as soon as reasonably practicably.
We reserve the right to alter or amend any breakdown assistance we offer as part of the Booking.
16. Accidental Damage or Damage to a Campervan.
In the event of any accident, loss, or damage arising out of the use of the Campervan:
You will notify Clarkie’s Campers immediately of the event by phone as a preference, but if contact cannot be made then you will email Clarkie’s Campers to notify us of the event. If the Campervan is not roadworthy after an accident and you are not able to contact us by phone, if it is reasonable and safe to do so, you may leave the Campervan at the site of the accident after notifying us. We will attempt to make contact with you within a reasonable time;
You will obtain the names and addresses of third parties and any witnesses and report the event to the nearest police force;
You will take note of any reference numbers or contact details given by the police in connection with the accident, loss, or damage;
You will not make any admission of liability to other parties;
You will not make any settlement offer or other like offer to other parties;
You will reasonably assist Clarkie’s Campers in handling any claim arising from any event, including providing all relevant information, liaising with insurance providers, and attending court to give evidence.
You agree that any Insurance Excess or other cost which is due in respect of damage arising from your fault, actions, or omissions is payable at the time of reporting the damage to us and may be deducted from your Security Deposit;
You agree to pay for any costs relating to the delivery of a replacement Campervan required due to Damage caused by you.
17. Returning Your Campervan
We will advise in the Order Summary when and where your Campervan must be returned.
The vehicle must be returned on the date stipulated in the Order Summary. If you believe that you might not be able to return the Campervan to us at the specified time, you must let us know as soon as possible.
You should return the Campervan:
on time, undamaged, and with no fines, penalties, charges, or unpaid road or bridge tolls having been incurred;
with all kitchen items and Campervan Hire Extras that were provided at the start of the Hire Period; and
with the interior clean (including hob & sink), Porta-Potti empty and clean (if hired), and a full fuel tank (including LPG if applicable),
Return – you will need to allow up to 30 minutes when returning the vehicle for us to fully inspect the vehicle, check a full tank of fuel has been provided and ensure the vehicle is in the same condition as it was provided to you at the start of the Hire Period. You are responsible for the following upon returning the Campervan:
Collecting and returning the Campervan at the location, date and times set out in the Order Summary. We reserve the right to charge a late fee if the Campervan is returned over the time specified in the Order Summary.
You must allow Clarkie’s Campers to check the Campervan against the Vehicle Check sheet which was issued prior to departure.
The Campervan should be in the same condition as when the Campervan was collected.
We reserve the right to charge a soiling fee if the Campervan is not returned with the interior in a clean condition.
Return the camper with a full fuel tank, unless agreed otherwise. Failure to do will incur a charge at current pump rates, plus a filling fee.
Any additional costs that may be charged under this condition are explained on our website.
18. Liability
Except in a case of Force Majeure, if we do not comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss of damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Contract was entered into, both we and you knew it might happen, for example if you discussed it with a member of our staff.
Nothing in this Contract limits any liability of Clarkie’s Campers where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; our failure to perform the provisions of this Contract with reasonable care and skill.
19. Payment of charges joint and several liability
When the Driver and Additional Driver(s) comprises more than one person, each Driver and Additional Driver is liable jointly and severally for all obligations pursuant to this Contract.
20. Title/Ownership of the Campervan
The Campervan shall at all times remain the property of Clarkie’s Campers and you shall have no rights to the Campervan other than as hirer of the Campervan for the Hire Period. You must not do, permit or cause to be done any act, matter or thing that might prejudicially affect the rights of Clarkie’s Campers in respect of the Campervan.
21. Force Majeure
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations if the period of delay or non-performance continues for 14 days, the party not affected may terminate this agreement by giving 5 days written notice to the affected party.
22. Privacy Policy - https://www.clarkiescampers.com/privacy-policy
23. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If this happens, we’ll ensure that the transfer of our rights and obligations to another organisation won’t affect your rights under the Contract. If you’re a consumer and you’re unhappy with the transfer you can contact us to end the Contract within 14 days of us telling you about it and we will refund any payments you’ve made in advance for your Booking that has not been provided.
24.You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
25. Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
26. If a court finds part of this Contract illegal, the rest will continue in force. 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.
27. Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
28. Complaints – if you have a complaint please contact your us. We will do our best to resolve any problems you have with us or our services. Please contact us on 01224 725412.
29. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of Scotland. If you are a consumer then you can bring legal proceedings in respect of our contract in the Scottish courts. If you live in England and Wales, you can bring legal proceedings in respect of our contract in either the Scottish or the English and Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of our contract in either the Northern Irish or the Scottish courts.
30. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Motor Ombudsman via their website at www.themotorombudsman.org or on their advice line 0345 241 3008. The Motor Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Their decision will be legally binding on both the John Clark (Holdings) Ltd and any company subsidiaries thereof and you the consumer.