Terms and Conditions

BACKGROUND:

These Terms and Conditions are the standard terms which shall apply:

 

1. to the rental of all motorhomes and campervans from Lawers Properties Limited, trading as “Scottish Tourer”, a Company registered in Scotland under number SC102373, whose registered address is 5 Ruthvenmill View, Huntingtower, Perth, Perthshire, PH1 (“the Company”)

 

2. where the Customer is renting the Vehicle as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”	means any business, trade, craft, or profession carried on by the Customer or any other person/organisation;
“CD Offence”	means a careless driving motoring offence;
“Class”	means the category into which the Vehicle falls as determined by the Company and set out in Clause 3 of these Terms and Conditions;
“Consumer”	means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who rents the Vehicle for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Customer”	means the customer who is renting the Vehicle subject to these Terms and Conditions;
“DD Offence”	means a reckless or dangerous driving motoring offence;
“DR Offence”	means a drink or drug driving motoring offence;
“Recovery Service”	means the Company’s chosen recovery service, Fiat Camper Assist;
“Rental”	means the rental of the Vehicle by the Customer subject to these Terms and Conditions;
“Rental Contract”	means the contract entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Rental of the Vehicle;
“Rental Fees”	means the sum payable by the Customer for the Rental as determined under Clause 6 of these Terms and Conditions;
“UT Offence”	means a theft or unauthorised taking motoring offence; and
“Vehicle”	means the vehicle falling into one of the Classes set out in Clause 3 which the Customer is renting for the duration of the Rental Contract.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1“writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means.

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time.

1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

1.3  The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4   Words imparting the singular number shall include the plural and vice versa.

1.5  References to any gender shall include the other gender.

2. Information About The Company

2.1 Lawers Properties Limited, trading as “Scottish Tourer”, a Company registered in Scotland under number SC102373, whose registered address is 5 Ruthvenmill View, Huntingtower, Perth, Perthshire, PH1 (“the Company”).

2.1 VAT number: 435739527

 3. Customer Warranties

3.1                The Customer, by entering into the Rental Contract is warranting to the Company that.

3.1.1       the Customer is a Consumer.

3.1.2       the Vehicle will not be taken out with Great Britain.

3.1.3       the Vehicle will not be driven or in the charge of anyone who does not have a valid driving license, has not held a driving license, or is disqualified by law from holding a license.

3.1.4       only those drivers disclosed to and accepted by the Company may drive the Vehicle, that no such driver has more than 6 penalty points on their license and has never been convicted of a DD, DR or UT Offence.

            We have a strict policy of no pets in any of our Motorhomes, We do not accept all male or all female groups unless by prior arrangement in writing, We do not allow any of our Motorhomes at any Music festivals such as T In The Park, Glastonbury, Rock Ness etc, or Sports events Moto X etc, unless by prior arrangement in writing. All our vehicles are fitted with tracker systems.

4. Vehicle Classes

Subject to the provisions of Clause 4, the Company offers the following Classes of Vehicle:

Class	Vehicle Type
Up to 3500kg	motorhome and campervan

5. Driver Eligibility Requirements

5.1 The Customer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least 3 years at the commencement date of the Rental. The licence must entitle the Customer to drive the class and vehicle type being hired. In the case of UK driving licences both the photocard licence and the paper counterpart licence must be produced before the Vehicle will be released to the Customer. Copies of licences will not be accepted.

Important notice: on 8th June 2015 DVLA abolished the paper counterpart that went with the photo card UK driving licence and records of motoring convictions are now held online. The Customer must visit the DVLA and obtain a check code. www.gov.uk/view-driving-licence. This must be no more than 21 days before the start of the Rental and allows the Company to check licence details. People with old style paper licences are not affected by this change.

5.2 The Customer must be at least 25 and not more than 75 years of age to rent a Vehicle from the Company.

5.3 Customers with more than 6 penalty points on their driving licence will not be permitted to rent a Vehicle from the Company.

5.4 Customers who have been banned from driving for a period of 12 months or more as a result of a CD, DD, DR or UT Offence will not be permitted to rent a Vehicle from the Company for a period of 5 years following the restoration of their licence.

5.5 The Customer must present two forms of identification (in addition to their driving licence) when collecting the Vehicle. At least one should include the Customer’s home address. Acceptable forms include, but are not limited to, passports, bank statements and utility bills.

 5.6 Customers from outside the U.K. and without a current U.K. driving licence must produce a valid driving licence issued by their own country authority and must also comply with 5.5.

5.7 The Company shall have the right to refuse to handover a Vehicle to any Customer upon arrival, who in the opinion of the Company is not suitable to take charge of or drive the Vehicle due to any concerns the Company has for the safety of the Vehicle or its occupants or other road users (acting reasonably). In such a situation, the Company shall not refund any rental monies paid. The Company shall have no obligation whatsoever with regard to refunding any monies paid for campsites booked, events booked, travel booked, or any other circumstances.

5.8 The Company also reserves the right to recover possession of the Vehicle and terminate the Rental Contract at any time during the Rental term to any Customer who in the opinion of the Company is not suitable to be in charge of or drive the Vehicle due to any concerns the Company has for the safety of the Vehicle or its occupants or other road users (acting reasonably). In such a situation, the Company shall not refund any monies for the part of the Rental term and will be entitled to recover any further sums due under these terms and conditions. The Company shall have no obligation whatsoever with regard to refunding any monies paid for campsites booked, events booked, travel booked, or any other circumstances. The Company reserves the right to monitor the Vehicle’s location continuously throughout the Rental term. Scottish Tourer recommend that the hirer takes out their own personal belongings and travel insurance

6. Rental Term

6.1 The normal collection is 3 pm and return is 11am this gives the Company a 4 hour window in which to clean and prepare the motorhome for the next customer much the same as a hotel room or any other accommodation, However we are very flexible with these times depending on whether the motorhome you will get is booked on your days of arrival and departure, However normally we won’t know until a week or so before you arrive. Our business hours are from 9 am to 5pm daily Monday to Saturday (closed Sundays) any Motorhome collection or returns outside these times must be agreed in writing in advance... In cases of an emergency, we will endeavour to accommodate late requests.

6.2 The Vehicle will be made available for collection by the Customer at the time, date and location shown in the Rental Contract. If on arrival to collect the Vehicle, the Vehicle previously booked by the Customer is not available due to accident; theft; mechanical failure; damage; or weather conditions then the Company will endeavour to supply a replacement vehicle. The company reserves the right, at its absolute discretion, to substitute a comparable Vehicle for the Vehicle ordered. In that event, you shall not be liable for any increased rental pertaining to the substitute Vehicle. Such substitution shall not entitle you to any refund and does not constitute a breach of This Agreement. If such a replacement vehicle is not possible, the Company will offer the Customer a refund equal to the unused part of the Rental term.

 

 

6.3 The agreed Rental term will be set out in the Rental Contract. The Customer must return the Vehicle to the Company at the location shown in the Rental Contract (which may or may not be the collection location) at the end of the Rental term.

6.4 If the Customer is late in returning the Vehicle the Company shall charge the Customer at a rate of £100 per hour for each hour or part hour thereof until the Vehicle is returned. The provisions of this sub-Clause 6.3 shall continue to apply hourly until the Vehicle is returned.

6.5 The Company reserves the right to recall the Vehicle immediately at any time if the Company discovers that the Customer is in breach of a material term of the Rental Contract.

6.6 If the Customer discovers any damage (pre-existing) or fault with the Vehicle during the Rental term, the Customer should inform the Company as soon as is reasonably possible. Please also refer to Clause 10. The Company will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing the Customer any undue inconvenience, the Company will repair the Vehicle (or have it repaired). If the Company is unable to replace or repair the Vehicle, the Company will offer the Customer a refund equal to the remaining, unused part of the Rental term. Any refund due to the Customer will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which the Company agrees that the Customer is entitled to a refund. Refunds will be made using the same payment method originally used by the Customer unless the Customer specifically requests a different method. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.

6.7 The Company shall allow free car parking for one car of the Customer during the Rental term. Any additional cars will be charged at an additional rate, to be agreed in writing prior to the start of the Rental term. However, such parking is entirely at the Customer’s own risk. The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

Fees and Payment

6.8 The Rental Fees will be determined by reference to the length of the Rental term, the Class of the Vehicle, any relevant surcharges, and any additional items which may be included in the Rental. These terms will all be set out in the Rental Contract.

6.9 At the time of entering into the Rental Contract, a non-refundable booking deposit of £200 per week of Rental term will be payable. The booking deposit is non-returnable in the event of cancellation by a Customer at any time but shall be treated as a payment towards the Rental Fees for bookings which proceed.

6.10 The balance of the Rental Fees must be paid in full 6 weeks before the start of the Rental term, or if the Rental is to commence within six weeks of the Rental Contract being entered into, the Rental Fees must be paid at the time the Rental Contract is entered into.

6.11 Payment may be made by credit card using preauthorisation (not available for 2023/2024); cash; cleared cheque or bank transfer. A security deposit of either £700 for UK licence holders, or £1,000 for Customers from outside the U.K. will be taken at the start of the Rental term which will be refunded to the Customer within 7 days of the end of the Rental term provided no costs have been incurred during the Rental term under the Rental Contract. If such costs are incurred, they will be deducted from the security deposit. The Company reserves the right to request a further security deposit, if there have been costs incurred which exhaust the original security deposit.

                In the event of a possible claim from a third party for damage to the third party’s property where our vehicle was involved, we will hold the damage deposit until agreement / settlement with the third party is completed, in this circumstance the security deposit / balance will be returned within 4 months from the end of the rental term.

6.12 If paying the security deposit by credit card, the Customer’s card details will be taken at the start of the Rental term along with the deposit set out in sub-Clause 7.4. If there are sums due to the Company by the Customer that exceed the amount of the security deposit, then the Company may utilise the card details to obtain that amount.

6.13 If full payment cannot be made on the due date for any reason other than the fault of the Company or the failure of its systems the Customer shall be in breach of the terms & conditions, customers will be liable for interest at the rate of 3% above the base rate of the Bank of England on the outstanding balance from the due date up to and including the actual date of payment.

6.14 There is no mileage charge for travel within Scotland, for travel outside Scotland, the minimum Rental term is two weeks. The first 2000 miles are free, after this a charge of 50 pence per mile will be applied.

7.  Cancellation Charges

1. 1. If the Customer cancels a hire for any reason that is not attributable to the Company’s fault (and cancellation will only be accepted if in writing or e mail received by the Company) then the following cancellation fees will apply: -
      1. If the cancellation is received 6 weeks or less than 6 weeks before the commencement date of the Rental or if the Customer does not show) then the Customer must pay the total Rental Fees:
      2. If the cancellation is received 6 weeks or more before the commencement date of the Rental, then the Customer is not required to pay any Rental Fees (with the exception of the non-refundable booking deposit).
   2. Sums due to be paid by the Customer to the Company will still be due and payable on the due date but if the Company is able to hire out the Vehicle to another Customer for all or part of the length of the cancelling Customer’s intended Rental then the Company will reimburse the cancelling Customer 80% of the amount paid by the cancelling Customer in respect of the period that the Company has been able to hire out the Vehicle to another Customer.
   3. Where a booking has been rescheduled if the revised dates are in a higher rate band then the difference between the two would be payable, if moving to a lower rate band then the difference would be refunded, the company have an annual increase every April so when rescheduling from one year to another year the published rates for the new year will apply and any increase between the two will be payable. The company has an administration fee of £35.00 for rescheduled bookings, The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

8. Vehicle Usage

8.1 The Customer may only use the Vehicle for the normal purpose for which it is intended. The Vehicle may only be loaded to its maximum design capacity and should be loaded in such a way that does not put the Vehicle at any risk of damage.

8.2 The Customer may not fit a roof rack, roof box or any other form of external carrier other than those approved and provided by the Company prior to the commencement of the Rental term.

8.3 Towing is not permitted with the Vehicle in any circumstances.

8.4 The Vehicle must not, under any circumstances, be used for the transportation of inflammable, toxic, corrosive, radioactive, biohazardous or other dangerous goods or substances.

8.5 Customers are not permitted to transport domestic pets at any time. If a customer is found to have had any pets in the vehicle a penalty of £100 will apply.

8.6 Use of the Vehicle on anything other than normal public roads (the definition of “normal public roads” includes private roads, driveways, car parks etc.) is not permitted. This prohibition includes, but is not limited to:

8.6.1 Off-road driving. All Vehicles may only be driven on sealed / bitumen roads.

 

8.6.2 Participating in racing or other competitions of any kind; and

8.6.3 Speed testing or time trials.

8.7 Whilst the Company may provide points of interest in the satellite navigation system provided with the Vehicle, the Customer is still under a duty to adhere to the entirety of this clause 9 and ensure the Vehicle is operated safely at all times.

8.8 Further restrictions apply to the Customer’s use of the Vehicle. The Customer may not:

8.8.1 Use the Vehicle for any illegal purposes (including exceeding speed limits and other breaches of the Highway Code);

8.8.2 Use the Vehicle whilst under the influence of alcohol or drugs.

8.8.3 Use the Vehicle for the purposes of instructing learner drivers.

 8.8.4 Allow any driver that is not a party to the Rental Contract to drive the Vehicle.

8.8.5 Use the Vehicle for the carrying of passengers for financial gain.

8.8.6 Allow any smoking in the Vehicle.

8.8.7 Use the Vehicle wholly or partly for the purpose of any Business; or

8.8.8 Sub-rent the Vehicle.

8.9 Unless otherwise agreed at the time of Rental, the Customer may only drive the Vehicle within the United Kingdom.

8.10 The Vehicle will be supplied to the Customer with a full tank of diesel and two full tanks of LPG. During the term of the Rental the Customer shall ensure that they use the correct fuel. The Vehicle must be returned to the Company with a full tank of fuel. Failure to do so will result in the Customer being charged for the required amount of Diesel together with a £25 refilling charge, for LPG the customer will be charges the required amount of LPG together with a £50 refilling charge. During the hire period the customer is responsible for topping up the add-blue if required at their own expense.

8.11 If the Customer uses incorrect fuel in the Vehicle, they must neither drive it nor attempt to remove the fuel. The Customer must contact the Company and the Company shall dispatch its Recovery Service to take the necessary action. The Customer will be charged at the full rate for any expenses incurred by the Company in this regard.

8.12 The Customer must always lock the Vehicle and activate any installed security systems when leaving it unattended, irrespective of the length of time for which it will be so left. The keys for the Vehicle must always be kept safe. Any cost to replace a key will be the responsibility of the Customer. Duplication of keys is prohibited.

8.13 The Vehicle may contain children’s seats – these are provided free of charge. The Customer must check that the children seats meet their requirements and are fitted properly. The Company accepts no responsibility for the children’s seats, and the Customer is advised to make their own arrangements if they have any concerns.

9. Vehicle Care and Maintenance

9.1 The Vehicle will be supplied in a clean and road-worthy condition having been fully valeted and subjected to a full mechanical inspection which includes topping up all necessary fluids and oil and checks on all tyres. Add Blu is the responsibility of the customer and may need topped up at customer expense during the course of the hire period,  The Customer acknowledges that the vehicle is free from damage or defects other than noted by the customer on the damage declaration sheet, before commencement of the rental the customer is strongly advised to check the vehicle thoroughly and note on the damage declaration form any damages defects before leaving the premises of the Company.

9.1 a On return of the vehicle we will endeavour to inspect the vehicle for damage , however a thorough inspection might not be possible until the vehicle has been washed down externally or valeted internally, if damage is noted after the hirer leaving our premises, the company will call the customer the same day as returned with the details, along with photos of the damage by text or email, The customer has the opportunity to wait until the vehicle has been thoroughly inspected internally and washed off externally before leaving our premises

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9.2 The Customer shall ensure that the Vehicle is returned to the Company in a similarly road-worthy condition, including topping up all necessary fluids and oil and checks on all tyres throughout the Rental term. The Customer shall also ensure the interior and appliances are returned in a clean condition. A cleaning charge of £100 will be applied if the Vehicle is not returned in a clean condition ready for the next Customer. A further cleaning charge of £75 shall be applied if the Vehicle toilets are returned with the tank unemptied.

9.3 If the tyres on the Vehicle become damaged during the term of the Rental for any reason other than normal wear and tear the Customer must replace, at their own expense, that / those tyre(s) with tyres of the same brand, type, and dimensions. The Customer must inform the Company of any such replacements.

9.4 The Rental is inclusive of breakdown cover which shall be provided by the Company’s Recovery Service. The Customer will be provided with contact details for the Recovery Service at the time of collection. Under no circumstances should the Customer use any other recovery service.

9.5 If any mechanical failure occurs during the term of the Rental the Customer must immediately cease driving the Vehicle and contact the Company whereupon the Company shall dispatch its Recovery Service to take the necessary action. The Company will bear the expense of any remedial work required provided the damage or failure is not found to be the fault of the Customer and provided such remedial work is carried out by an authorised repairer.

9.6 The customer is authorised to spend up to £100.00 on any necessary repairs or replacement parts, the company will reimburse the customer on return, repairs / replacement parts over £100.00 need authorised by the company.

9.7 In the event of failure under sub-Clause 10.5 the Company shall have the option of repairing the Vehicle or making a replacement Vehicle available to the Customer. Please also see sub-Clause 6.5.

9.8 The Company shall ensure that the Vehicle is fully insured pursuant to Clause 11. If any damage occurs to the Vehicle for which an insurance claim cannot be made, including but not limited to that caused by negligence; other unidentified persons or vehicles; or by hitting low-level objects such as bridges or low-hanging trees, the Customer shall be deemed fully responsible.

9.9 The Customer must immediately report any damage or accidents to the Company by telephone, and an accident form filed out and provided to the Company at the end of the Rental term, If the vehicle is returned damaged and requires body shop repairs, the full security deposit will be retained until an estimate to repair is obtained, the company will organise to have an estimate within 7 working days , which will be emailed to the hirer, and any balance due refunded within 14 working days of return of the vehicle. The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

9.9a Awnings, where fitted Awnings are not covered by our insurers any damage to the awning or damage caused through use of the awning is wholly the responsibility of the hirer, for the avoidance of doubt all and any damage caused through the use of the awning is payable by the hirer even in the event the damage costs exceed the damage deposit.

 

 

10. Insurance

10.1 Standard insurance cover is provided as part of the Rental. This cover includes the following provisions:

10.1.1 Death or personal injury of or to a third party.

10.1.2Damage to the property of a third party (limited to £5,000,000.00); and

10.1.3 Theft of the Vehicle and damage inflicted upon the Vehicle during an attempted theft.

10.2 The excess due on the insurance cover applies in respect of each and every incident or claim, and not the hire period as a whole. In the event of an insurance claim, regardless of fault, the security deposit will be retained until the insurers have settled the claim, however long this may be.

10.3 The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

10.4 Be aware that Awnings are not insured see clause 9.9a

11. Accidents and Theft

11.1 In the event of an accident the Customer must not admit any fault or responsibility. The Customer should take the following steps:

11.1.1Make a detailed note of the names, addresses, telephone numbers and car registration numbers of any other parties involved in the accident – indicating also whether those parties are the owners of their respective vehicles;

11.1.2 Make a detailed note of the names, addresses and telephone numbers of any witnesses;

11.1.3 Contact the police in the event of any suspected injuries or any disputes over responsibility;

11.1.4 Contact the rental office of the Company from which the Vehicle was collected and inform them of the accident, following any further instructions the Company may issue;

11.1.5 Secure the Vehicle in a safe location, with police assistance if necessary.

11.2 If the Vehicle is stolen the Customer must firstly inform the police of the incident, providing all details requested. The customer must then inform the Company by contacting the rental office from which the Vehicle was collected, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.

11.3 The Company will not provide insurance cover for anything inside or attached to the Vehicle that is not the property of the Company. The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

12.  Fines, Penalties, Tolls, and other Charges

12.1 In the event that a penalty charge notice, parking fine or similar penalty is issued which concerns the Vehicle during the Rental Period the Company will immediately inform the Customer and shall require them to pay the fine either to the Company or to the issuing authority as the case may be.

12.2 If the Customer receives any parking fines while the Vehicle is in their possession full payment of such fines must be made by the Customer directly to the relevant authority.

12.3 If the Customer takes the Vehicle on any toll road or other chargeable route, including but not limited to the London Congestion Charging Zone, the Customer shall be solely responsible for paying the requisite charges.

13. Airport Transfers

13.1 Customers who wish to use the Company shuttle bus service from Glasgow or Edinburgh airports must let the Company have the flight numbers and arrival times in writing before the Company will accept any bookings for this service.

13.2 The Company does not do city centre transfers unless otherwise agreed in writing and subject to an additional charge (to be agreed separately).

13.3 The shuttle bus is based on scheduled collection and drop off times, so if the Customer’s flight is delayed by more than 1 hour then the Customer may have to organise their own transport, in this case there will be no refund, or wait until the Company can reschedule the shuttle bus , an additional fee will  be applied.

13.4 On the return journey to the airport, the Customer requires to be at the Vehicle drop off location at the agreed time in the Rental Contract and be ready to board the shuttle bus. Failure to be ready at the agreed time may mean the shuttle bus has to leave without the Customer, in this case there is no refund, and it will be their responsibility to organise alternative transfer arrangements The Company recommend that the Customer takes out their own personal belongings and travel cancellation insurance.

14. How We Use Your Personal Information (Data Protection)

14.1 All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR.

14.2 For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice at our depot at Ruthvenfield Road, Inveralmond Industrial Estate, Perth PH1 3WB.

15. Termination

15.1 The Company shall be entitled to terminate the Rental Contract if:

15.1.1 the Customer is in breach of these Terms and Conditions.

15.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or

15.1.3 the Customer has a receiving order made against them.

15.2 In the event of termination for any of the above reasons:

15.2.1 all payments required under the Rental Contract shall become due and immediately payable; and

15.2.2 the Company shall have the immediate right to request the immediate return of the Vehicle or repossess the Vehicle and may charge the Customer for any reasonable costs involved in such repossession.

16. The Company’s Liability

16.1 The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence. Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Customer and the Company when the Rental Contract is formed. The Company will not be responsible for any loss or damage that is not foreseeable.

16.2 In any event, The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Rental Fees payable by the Customer.

16.3 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents, or sub-contractors), or for fraud or fraudulent misrepresentation.

16.4 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.

16.5 Please note :  the motorhome depot is a busy location with many moving heavy vehicles. It is the sole responsibility of parents, custodians and guardians of children to maintain control and supervision of children they are responsible for, AT ALL TIMES. The company will not be held responsible for any injuries or accidents resulting in injury or death to children due to lack of supervision by their parents, guardians or custodians. There is an office at the depot with seating and it is recommended that one parent, guardian or custodian stay with their children within this office whilst another adult member(s) of the hiring party attend a vehicle briefing within the motorhome.

17.  Events Outside of the Company’s Control (Force Majeure)

The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond the Company’s reasonable control.

18. Communication and Contact Details

The Customer may contact the Company by telephone at 01738580755 or by email at info@scottishtourer.co.uk.

19. Complaints and Feedback

19.1 The Company always welcomes feedback from its customers and, whilst the Company always uses all reasonable endeavours to ensure that its customers’ experience is a positive one, the Company nevertheless welcomes the opportunity to resolve any complaints.

19.2 If the Customer wishes to complain about any aspect of its dealings with the Company, including, but not limited to, these Terms and Conditions, the Rental Contract, or the Vehicle, please contact the Company in one of the following ways:

19.2.1 In writing, addressed to Corinne Yeaman, Manager, Scottish Tourer, Ruthvenfield Avenue, Inveralmond Industrial Estate, Perth, PH1 3WB

19.2.2 By email, addressed to Corinne Yeaman, Manager, Email, info@scottishtourer.co.uk

19.2.3 Using the Company’s complaints form, following the instructions included with the form.

19.2.4 By contacting the Company by telephone 01738580755

20. Other Important Terms

20.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Contract, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.

20.2 The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Rental Contract, as applicable) without the Company’s express written permission.

20.3 The Rental Contract is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

20.5 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.

21. Governing Law and Jurisdiction

21.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland.

21.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

21.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland, as determined by your residency.