Rental Terms and Conditions for motorhomes in Ireland
Dear Customer,
General Terms and Conditions of GHS Leisure LTD. T/A Cork Motorhomes
1. Scope, contents of contract, jurisdiction
1.1 In the event of a booking, a rental contract will arise between the Rental Company and the hirer(s), which is solely subject to Irish law. The statutory provisions relating to travel contracts do not apply to the contract either directly or accordingly. The Hirer will organise their journey themselves and make use of the vehicle on their own responsibility. The rental contract is limited to a specific period as agreed.
2. Minimum age, authorized drivers
2.1 The hirer and any other driver must be at least 30 years old. The hirer and any other drivers must have been in possession of a full Irish driver’s license or comparable driver´s license for at least 5 years. The delivery of the vehicle requires the presentation by the hirer and/or driver(s) of the driver’s license and passport at the time of taking possession. If a delay in taking possession occurs due to the non-presentation of said documents, such delay shall be at the expense of the hirer. If such documents cannot be presented at neither the agreed time for taking possession, nor within a reasonable grace period thereafter, then the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall apply.
2.2 The hirer and the drivers named at the time of hiring may only drive the Vehicle.
2.3 Drivers
– Age limits 30 to 70 years. Driver must have held a valid license for more than five years
– Details of additional drivers required.
– Production of valid standard driver’s license required from all drivers at start of hire.
– Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire.
– Drivers must provide two separate forms of identification. i.e. utility bill (not older than 3 months), credit card and passport
– All drivers must be present
3. Hire charges and their calculation, rental period
3.1 The hire charges applicable are those stated in the version of the Rental Company’s price list in force at the time the contract is concluded. The relevant hire charge includes unlimited mileage.
3.2 If the vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the actual valid pricelist (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late must be borne by the hirer.
3.3 If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the vehicle can be hired out to someone else by the rental company.
3.4 The Vehicle will be supplied with a full tank of fuel and must be returned with a full tank of fuel. Otherwise, the Rental Company will charge the fuel according to the valid price list. Fuel and running costs during the rental period must be borne by the hirer.
4. Reservations and changes to bookings
4.1 Reservations are only binding after they have been confirmed by the Rental Company as described in Subsection 4.2.
4.2 To confirm the booking, full payment is required. After receiving the payment, a booking confirmation will be sent to the hirer. Only then will the reservation become binding on both parties. If the hirer exceeds this deadline written in the offer the Rental Company will cease to be bound by the reservation.
4.3 If a specific vehicle is unavailable, the hire company can provide equivalent vehicle. This does not constitute a change in the booking.
Cancellation fees*:
– From the day of a confirmed booking until 40 days before the beginning of the rental period (Pick Up), we will provide the hirer with a full refund
– Between 40 and 15 days before beginning of rental 50% of rental price
– Less than 15 days before beginning of rental 80% of rental price
– Within 24h of pickup date and time or by no show 100% of rental price
The cancellation must be made in writing.
4.4 The rental company can cancel any booking at any time. The hirer will receive a full refund if the cancellation is on behalf of the rental company.
4.5 If the vehicle is not available to the hirer for any reason, the hirer is entitled to a full refund only.
5. Terms of payment, security deposit
5.1 The predicted hire charge, calculated on the basis of the booking details, must be received at least 40 days before the commencement of the hire in an account of the Rental Company to be notified to the Hirer, free of any charges.
5.2 The security deposit of € 1.500 must either be received together with the hire charge in the Rental Company’s account at the latest when the vehicle is collected. (EC-Card or MasterCard, Visa) A payment of the deposit with Prepaid Credit Cards or cash is not possible. The hirer must pay the deposit.
5.3 In the case of short-notice bookings (less than 40 days before hire commencement), the total hire charge will be due immediately.
5.4 The Rental Company will reimburse the security deposit after the final rental account has been settled, as long as the Vehicle is returned as required. Cork Motorhomes will reimburse the security deposit 7 days after the vehicle is returned to ensure any damage can be detected. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.
5.5 If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.
6. Collection, return
6.1 Before driving the wheel, the Hirer is under an obligation to take part in a detailed introduction to the Vehicle at the collection centre. On that occasion, there is drawn up a detailed report (Pick Up) of delivery describing the condition of the vehicle that has to be signed by both parties. The Rental Company is entitled to refuse to hand over the of vehicle until this introduction has taken place. If handover is delayed due to the fault of the hirer, they must bear any costs incurred as a result.
6.2 On returning the vehicle, the hirer is under an obligation to carry out a final examination of it together with rental station staff, with a written return report (Drop Off) to be prepared and signed by the Rental Company and the Hirer. Any damage not specified in the report of delivery that is detected upon return of the Vehicle shall be at the Hirer’s expense.
6.3 Regular vehicle handovers take place on Saturdays. If there is a drop off/collection outside of this day it must be previously arranged between hirer and the Rental Company. You can find your booked pick-up time on your booking confirmation. Pick up and Drop Off times as shown in the rental contract are binding.
6.4 The vehicles are delivered with a clean interior and have to be returned by the Hirer in the same condition, as they have been received. Should the interior not be in the same clean condition as it has been received, the Hirer will be liable for the cleaning fee.
6.5 The waste cassette must be emptied prior to return of vehicle.
7. Prohibited use, duty of care
7.1 The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.
7.2 The Vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tire pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the Vehicle is in a roadworthy condition.
7.3 All Vehicles are non-smoking Vehicles. This means that you may not smoke in any part of the Vehicle. Pets are not allowed in any vehicle. Cleaning expenses caused by non-compliance with regulations must be borne by the Hirer. Any costs, which may be incurred by ventilation or for elimination of contamination with smoke, including lost profits resulting from temporary non-availability of the vehicle for hire owing to these circumstances, shall also be borne by the Hirer.
7.4 If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 and 7.3 can be provided, the Rental Company may terminate the lease without notice.
8. What to do in the event of an accident
8.1 After an accident, theft or damage by fire or collision with a wild animal, An Garda Síochána must be informed immediately and the rental company (for Telephone Number see rental contract) contacted immediately. It is not permitted to accept any third-party claims as valid.
8.2 Even in the case of very slight damage, the hirer must prepare a detailed written report for the Rental Company, including a sketch. If, for whatever reason, the hirer fails to draw up such report and if, because of that, the insurance company refuses to pay the damage, the Hirer shall be obliged to pay full compensation for the damage.
8.3 The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the license numbers of all vehicles involved and has to be over handed filled out and signed by Drop Off latest towards the Rental Company.
9. Journeys abroad / European Travel
Journeys abroad are not permitted.
10. Defects in the Vehicle
10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.
10.2 Any defects in the vehicle or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Company in writing by the hirer as they return the vehicle. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect, which is not patent.
11. Repairs, substitute Vehicle
11.1 Repairs which are necessary in order to maintain the Vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to € 100 without consultation. Repairs going beyond this may only be ordered with the consent of the Rental Company. The Rental Company will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tyre damage.
11.2 If the vehicle is damaged without any fault on the part of the hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will arrange collection of hirer’s and return them to Rental Company base. Hirer will be reimbursed the amount paid for the number of days remaining in the initial contract. Alternatively, if vehicle is withdrawn for an overnight period, hirer’s can be reimbursed number of nights missed but will have to arrange accommodation at their own expense. Hirer’s can then continue their lease as planned once vehicle is road worthy.
11.3 If the vehicle is destroyed due to the Hirer’s fault or if it is foreseeable that its use will be prevented or made impossible for an unreasonably long period due to the hirer’ s fault, Hirer’s may not receive reimbursement for days missed.
12. Hirer’s liability, insurance
12.1 In accordance with the principles of a comprehensive motor insurance, the Rental Company will indemnify the hirer from liability subject to an excess of € 1.500 per damage to be borne by the Hirer in case of damage subject to full comprehensive motor insurance per case of damage. The respective excess cannot be excluded.
12.2 The indemnity against liability described in Subsection 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence.
12.3 If the Hirer causes loss/damage culpably, he/she will additionally be liable in the following cases:
-if loss/damage was caused deliberately
– if loss/damage was caused by impaired ability to drive due to drugs or alcohol
– if the hirer or a driver to whom the hirer has supplied the vehicle leaves the site of an accident without justification
– if the hirer fails to call An Garda Síochána to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
– if the hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/ damage or of its amount
– if loss/damage is due to usage prohibited by Subsection 7.1
– if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
– if loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the Vehicle
– if loss/damage is due to a failure to take account of the Vehicle’s dimensions (height Irish Road Traffic Regulations, with Irish Road Traffic Regulations or equivalent country signs.)
– if loss/damage is due to a failure to comply with load regulations
– if damage is caused by the use of the wrong fuel (incorrect refuelling), if water or oil is not refilled and warning indicators in the vehicle have been disregarded; the insurance does not cover the damages. This also counts for interior damages and incorrect operation of motorhome ie. electric bed and fuel tank.
12.4 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Company will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
12.5 Personal property of the Hirer, which is damaged – or lost – as a result of an accident or theft is not insured.
12.6 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the Vehicle, unless these are incurred due to the fault of the Rental Company. The Rental Company reserves the right to deduct the fees, charges, fines and penalties from the clients’ security deposit. If security deposit has been reimbursed, the Rental Company reserves the right to supply An Garda Síochána with license number and other relevant details of hirer operating vehicle at time of offence.
12.7 More than one hirer will be generally and severally liable.
13. Storage and forwarding of personal data
13.1 The hirer agrees to the Rental Company storing personal data.
13.2 The Rental Company may forward these data via the central warning ring to third parties with a justified interest if the statements made in the rental are incorrect in essential points or the rented Vehicle is not returned within 24 hours of the expiry of the rental period (also extended, if need be) or if rental claims have to be made in judicial reminder proceedings or cheques presented by Tenant are not honoured. In addition, the data can be forwarded to all the authorities responsible for prosecution of offences against public order and criminal offences. This is done, for example, in the event of wrong information for the rental, presentation of forged personal documents or such reported as having been lost, failure to return the Vehicle, failure to notify a technical defect, road traffic offences or similar.
14. Tracking System
The Rental Company´s Vehicles can be equipped with Tracking Systems.
15. Passengers
The Rental Company authorises the use of these Vehicles up to the stated number of passengers. Each person to use the safety restraints provided at all times whilst vehicle is in motion.
16. Unavailable Vehicle
16.1 The Rental Company reserves the right to cancel any reservation without notice. Hirer will receive full reimbursement should cancelation occur on Rental Companies behalf.
Cork Motorhomes 