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“The Provider”
Means Get Hooved UK Ltd.
“The Supplier”
Means where the context so permits, the provider or the provider’s duly authorised agent or sub‐contractor.
“The Hirer”
Means the person or company requesting the provision of a stabling, self-drive horsebox hire and/or equine transport by the provider.
“The Horsebox”
Means any horsebox or horseboxes or any other hire item (for example trailers,3.5t and HGV horseboxes) provided as part of The Service.
“The Horse”
Means the any horse or horses or any other item (for example tack, rugs or equipment) involved in The Service.
“The Pick Up Site”
Means the location where The Horsebox or other hire item is collected from at the request or direction of The Supplier as specified by The Hirer as part of The Service.
“The Return Site”
Means the location where The Horsebox or other hire item is returned to at the request or direction of The Supplier as specified by The Hirer as part of The Service.
“The Period of Hire”
Means the agreed period from pick up of The Horsebox or other hire item to the hirer, to the return there off, from the Hirer.
“Working Day”
Shall mean Monday to Friday in any week.
“Force Majeure”
Means any circumstances beyond the reasonable control of either The Provider or The Supplier (including, without limitation, thereto, any strike, lock out or other form of industrial action, accident, inclement weather, difficulties in obtaining fuel, parts or machinery, power failure or breakdown, or malfunction of machinery or computers.
1. Details and body of the contract
1.1 We are Get Hooved UK Ltd of 21 Rosthwaite, Wellington TF1 1HX.
These terms shall apply to the hire of The Horsebox and self-drive hire that we supply to you.
1.2 No contract shall exist between you and Get Hooved UK Ltd for the hire of The Horsebox or any services until a confirmation of booking has been sent by The Provider to The Hirer
1.3 The Provider shall send The Hirer confirmation by email to the email address provided. On confirmation of the booking, 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.
1.4 It is responsibility of The Hirer to ensure the accuracy of any order details (including whether The Horsebox is adequate for your purposes) submitted, and for providing The Provider any necessary co-operation, assistance and information relating to the hire of The Horsebox or as The Provider may reasonably require within a sufficient time to enable The Provider to perform the contract in accordance with its terms.
1.5 The contract shall be subject to The Hirer’s right of cancellation.
1.6 The Provider reserves the right to change these terms without notice to The Hirer in relation to any future hire.
2. Description & price of the hire of the horsebox and services
2.1 The description and price of the hire services that ordered by The Hirer will be as shown in a quotation already provided to The Hirer at the time that an enquiry is made subject to a correct email address being provided.
2.2 The Horsebox is subject to availability at the time of an order. If, after acceptance of an order, The Horsebox ordered is not available, The Provider shall inform The Hirer immediately, and refund all monies in FULL from the date of cancellation unless an alternative date of hire is otherwise agreed.
2.3 The Provider shall make every effort to ensure that prices shown in a quotation are accurate at the time that an order is placed. However, if an error is found or a quotation is no longer valid, The Provider shall inform The Hirer as soon as possible and offer the option of reconfirming your order at the correct price or cancelling your order. If The Hirer decides to cancel, The Provider shall refund in FULL, any sum that has been paid for that order.
3. Payment
3.1 Payment for hire services can be made by any method shown in our quotation at the time an order is placed. i.e. debit card or credit card over the phone or via our online booking system.
3.2 The total hire price is payable at the time of an order is placed. Subject to The Hirer’s rights to cancel the contract as specified in section 6.1 of this agreement, The Hirer must give 3 working days’ notice to cancel an order so to receive a full refund. Cancellation within 3 working days of the agreed date of hire will incur at least a 50% cancellation fee. This applies to bookings made within 3 working days of the first date of hire. The Hirer is liable for any damage/collision excess in the event of an accident.
3.3 The Horsebox will not be made available to The Hirer until The Provider has received and cleared all funds due and payable for hire services
3.4 If the payment of any fees by The Hirer is not made in accordance with these terms The Hirer will be deemed to have requested the termination of the contract and hereby acknowledges that The Horsebox reserved at the time of an order may be released by The Provider for hire to any other customer without liability to The Hirer.
3.5 A pre-authorisation deposit of £500 is required to be paid by The Hirer to The Provider to cover any fees incurred by you or insurance excesses should a claim have to be made. On satisfactory return of The Horsebox, this deposit is to retuned IN FULL.
4. Collection
4.1 Unless otherwise agreed, in writing, delivery of The Horsebox shall be made by The Hirer collecting it from The Pick Up Site on the date agreed for the commencement of hire. Please note that pick up and return times for the horsebox shall be provided for on the confirmation of order form. The Horsebox shall be returned at the time agreed on the confirmation of booking on the final day of hire unless otherwise agreed, in writing. Otherwise, a financial penalty will apply.
4.2 The Supplier will provide an acceptance form which will specify the precise details of The Horsebox, including details of its state and condition and requirements for its safe use. At the time of collection, The Hirer will be required to sign the form to confirm acceptance of the condition of The Horsebox and understanding of its safe use and application.
The Hirer will be asked to ensure that they 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.
4.3 The Supplier will use all reasonable endeavours to have The Horsebox available for collection on the date and time agreed on the confirmation of booking, but The Provider accepts no liability whatsoever in the event of any delay arising from matters beyond our control.
4.4 The Supplier will use all reasonable endeavours to ensure that The Horsebox will be provided with a full fuel tank at the commencement of hire. It must be returned The Horsebox with a full tank of fuel. Failure to do so will result in the cost of the fuel being deducted from The Hirer’s debit/credit card, plus a £20.00 fee for time taken refuelling.
4.5 Prior to the release of The Horsebox, The Hirer 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 be shown on collection);
the hard copy of each driver’s current driving licence
UK passport
Originals of two 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 satisfied with your forms of identification.
5. The Hirer’s right to cancel
5.1 The Hirer must give us 5 working days’ notice to cancel your order. If The Hirer fails to give The Provider this notice or cancels a booking within 5 working days of the first date of hire, The Hirer will incur a minimum 50% cancellation fee. This fee goes toward covering some of the costs incurred by The Supplier for any lost revenue due to the inability to rehire The Horsebox.
5.2 To exercise their right of cancellation, The Hirer must give written notice to us by hand, post or email to the addresses shown on the confirmation of booking, giving details of the hire services ordered.
5.3 Once notified of The Hirer’s wish to cancel the contract, we will (if The Hirer is entitled to cancel the contract in accordance with these terms) refund The Hirer within 30 days for any sums that have been paid or debited from your payment card for the hire services.
5.4 The Hirer may request the termination of the contract at any time. A request will be subject to the terms specified in Section 5.2 of this agreement.
6. Our promise to you
6.1 The Provider will endeavour to carry out all services with reasonable skill and care and to a standard of quality that is reasonable for The Hirer to expect.
6.2 The Provider shall be under no liability in respect of any defect arising from wilful damage, negligence, abnormal working conditions, failure to follow The Supplier’s instructions or those of the manufacturer (whether oral or written), misuse, alteration or repair of the horsebox without prior, written approval.
6.3 Nothing in these terms shall affect The Hirer’s statutory rights as a consumer. If there is any doubt as to the extent of statutory rights as a consumer, The Hirer should seek their own independent legal advice from an appropriately qualified person
6.4 If The Hirer has any other complaint about the hire services, they should notify The Provider in writing at the address or e-mail address found on the confirmation of booking.
7. During the course and duration of this contract The Supplier will;
7.1 Arrange for the provision of any roadside rescue (if required). The Hirer must at all times telephone Equine Rescue Services of which The Supplier has a policy. The telephone number and policy details can be found in the confirmation of booking. Please quote our membership number and note Equine Rescue Services’ terms and conditions which are also found in the confirmation of booking.
7.2 Except where any repair or maintenance is necessitated by an accident or by any negligent use or abuse of the horsebox, the final cost of repair will be assessed by an Independent authorized horsebox specialist and The Provider will agree a final settlement figure with The Hirer, up to a maximum of £500.00. For damage estimated at over £500.00, a claim will be made and The Hirer will be liable to the excess amount as dictated by The Suppliers Insurers.
7.3 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 monies for hire services pursuant to the confirmation of booking, in FULL.
8. Your obligations to us
8.1 The Hirer 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 The Hirer and any persons wishing to drive and otherwise use The Horsebox. Please note that if The Hirer or any persons wishing to drive The Horsebox passed their driving test before 1st January 1997, they may be restricted as to the size of the horsebox they may legally drive. The Hirer or any persons wishing to drive The Horsebox should ensure that they have checked all such restrictions with the appropriate authorities before entering into this hire contract.
8.2 All drivers whom The Hirer has notified us of (and been approved in writing by us on the Delivery and Acceptance Form) must be between the ages of 23 and 70 years and must have held a full UK or EU driving licence for a period of at least 3 years prior to the proposed date of commencement of hire.
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 specific terms imposed and had no more than one driving accident or insurance claim fault or non-fault, in the last 3 years. 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. These are stipulations made by The Supplier’s insurers.
8.3 The Hirer shall, during the continuance of this hire contract:
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 known to The Provider,
pay for all fuel for the proper running of The Horsebox and do not let The Horsebox run low on fuel (eg: no less than a quarter of a tank of fuel),
indemnify The Provider against all fines, penalties and liabilities payable by The Supplier 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,
not take or allow The Horsebox to be taken out of England, Wales, or Scotland without receiving prior written authority from The Provider and, in the event of that authority being given, only on such terms as The Provider deems fit,
collect from and return to The Supplier, or from and to such place as The Provider shall advise The Horsebox which has been made available to The Hirer in accordance with these terms,
not 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 Horsebox,
take all necessary steps at The Hirer’s own expense to retain and recover possession and control of The Horsebox should they 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.
8.4 in respect of the condition and maintenance of The Horsebox, The Hirer agrees to be solely responsible for ensuring that:
fluid levels are checked and adjusted as necessary,
the exterior, interior and upholstery of the horsebox is kept clean,
The Provider is notified immediately of any damage,
The Horsebox is not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law,
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,
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 or permit The Horsebox to be overloaded,
not deface or suffer to be defaced the paintwork, body and coachwork of The Horsebox
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 from The Provider.
bear the cost of the repair or rectification of any damage to The Horsebox resulting from negligence or improper use of The Horsebox by The Hirer or any person who has used The Horsebox during the hire contract, up to a maximum of £500 as specified in Section 7.2 of this agreement.
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.
Tyres: uneven wear of tyres, slits in tyre walls.
immediately give notice to The Provider of the happening of any loss or damage to The Horsebox.
Indemnify The Provider against all damage and neglect (whether caused by animals or otherwise) to The Horsebox or its contents arising from the breach of The Hirer’s obligations under these terms (including failure to return The Horsebox and any of its contents and accessories in good clean order and working condition) and The Hirer hereby authorise The Provider to charge such costs and expense against the debit/credit card used on booking. Please note that there is a minimum of £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
keep The Horsebox adequately secured at all times.
8.5 The Hirer 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
8.6 All equine animals to be carried by The Horsebox must be approved by The Provider prior to the commencement of hire.
8.7 Please note that smoking is STRICTLY PROHIBITED in any part of The Horsebox.
8.8 Dogs and other pets are not allowed in The Horsebox.
8.9 The horsebox shall not be driven by you for more miles than provided for on the order confirmation form (which is usually 250 miles per day of hire unless stated otherwise) and if you breach this obligation an additional charge will be made to you on the return of the horsebox at the rate of 60 pence per mile as shown on the order confirmation form which you authorise us to deduct from your debit/credit card.
9 Do not remove any furniture from the horsebox.
10 For the avoidance of doubt, any and all animals transported with The Horsebox shall be carried at The Hirer’s risk and should have appropriate insurance cover in place. Each equine traveling will also have to provide evidence of its up-to-date passport.
11 Default
11.1 The Provider may, upon any breach by The Hirer 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 that The Hirer will no longer be in possession of the horsebox with The Provider’s consent and subject to The Supplier’s right to take possession of The Horsebox, to recover from The Hirer any recoverable losses and any pre-existing liabilities to The Provider, neither party shall have any rights against the other.
11.2 Any expenses incurred by The Supplier in repossessing The Horsebox or in recovering possession of The Horsebox on default of delivery by The Hirer under these terms will be reimbursed by The Hirer to The Provider on demand.
12. Ownership
12.1 The Horsebox shall at all times remain the property of The Supplier and The Hirer shall have no rights to The Horsebox other than as hirer and shall not do or permit or cause to be done any matter or thing whereby The Supplier’s rights in respect of The Horsebox are or may be prejudicially affected.
13. Return of the vehicle and/or horsebox
13.1 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.
13.2 Unless otherwise agreed in writing, the return of The Horsebox shall be made by The Hirer returning it to The Return Site on the date and time agreed for the expiry of hire as provided for on the confirmation of booking and in accordance with these terms.
13.3 In the event that The Hirer does not return The Horsebox on time and in accordance with these terms, a minimum penalty payment of £50 will immediately become payable to The Provider for each hour between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £200): and
13.4 The Hirer shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against The Supplier and arising from The Hirer’s failure to return The Horsebox in accordance with these terms.
13.5 The Hirer hereby authorises The Provider to charge all such penalties against the debit/credit card used to pay for the hire services.
13.8 Please note that NO REFUND or other discount will be given where The Horsebox is returned early.
13.9 The Horsebox will be provided to The Hirer with a full tank of fuel, unless otherwise specified in writing and must be returned with full tank of fuel. In the event that The Horsebox’s fuel tank is not returned full, The Hirer hereby authorises The Provider to authorise The Supplier to fill the tank on their behalf and deduct the cost thereof from The Hirer’s debit/credit card, additionally being charged a £20.00 fee for time in replacing the fuel.
14 Mileage is limited to 250 miles per day, thereafter a charge of £0.60 per mile will apply.
14.1 Travel outside of Mainland UK is strictly prohibited
15. Our Liability to you
15.1 The Provider makes no promises, whether expressed or implied, in relation to the accuracy of information supplied by The Provider and shall assume no liability for any loss or damage, whether direct or indirect, arising from The Hirer’s use of that information or material.
15.2 Nothing in these terms shall restrict The Provider’s liability to The Hirer for:
death or personal injury caused by The Provider’s negligence
liability for defective products under the Consumer Protection Act 1987
fraudulent misrepresentation
16.3 In no event shall The Provider be liable to The Hirer 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 The Provider has been advised of the possibility of such damages.
16.4 The Provider’s liability in respect of damage to The Hirer’s tangible property resulting from The Provider’s negligence shall be limited to the sum for which The Provider carries comprehensive insurance cover.
16.5 The Provider shall not be liable to The Hirer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of The Provider’s obligations in relation to the hire services if the delay or failure was due to The Hirer’s breach of these terms or any cause beyond our reasonable control.
For example, matters beyond The Provider’s reasonable control would include (but would not be limited to):
failure to provide The Provider 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.
supplying The Provider with incorrect or incomplete information.
16.6 In no event shall The Provider be liable to The Hirer for any additional and/or consequential losses, expenses or costs incurred as a result of The Hirer 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.
16.7 The Hirer acknowledges and agrees that the limitations contained in these terms are reasonable in light of all the circumstances and agrees that The Provider would not be able to provide the hire services on an economic basis without such limitations.
17. Data Protection
17.1 The Provider shall take all reasonable care to ensure that they comply with their obligations under the Data Protection Act 1998 so that details of an order and payment are kept secure. However, unless where negligent, The Provider shall not be liable to The Hirer for any unauthorised access to information supplied by The Hirer.
17.2 The Provider shall only use the information provided about The Hirer for the purpose of fulfilling an order unless agreed otherwise. However, The Provider would like to inform The Hirer about other products and offers that may be of interest to them from time to time. If The Hirer does not want to be notified of these please advise The Provider prior to or upon the commencement of hire. The Hirer can correct any information about them or ask The Provider for information about them to be deleted, by giving written notice to The Provider at the e-mail address on the confirmation of booking.
17.3 The Provider is not responsible in any way or form, including financially for any driving offence which happened during The Period Of Hire. Any offences which occurred during The Period Of Hire and are sent to The Provider at a later date will be forward to The Hirer.
18. Assignment
18.1 The Provider shall have the right to assign or otherwise delegate all or any rights or obligations under these terms upon notification to The Hirer. Should The Hirer have any questions concerning these terms, they may contact The Provider at the number or e-mail address shown on the booking confirmation.
IMPORTANT NOTICE
Horse Passport Regulations
The Provider urgently draws The Hirer’s attention to the requirements for carrying passports when travelling with a horse. From 28 February 2005, horses must be accompanied by their passport when moving under the following circumstances:
1. For the purpose of competition
2. For the purpose of breeding
3. In or out of Great Britain
4. To other premises where a veterinary medical product is to be administered
5. To the premises of a new keeper
6. To a slaughterhouse
7. For the purposes of sale
Trading Standards conduct spot checks on horse transporters and private owners as they travel throughout Britain and indicate their intention to impose fines of between £2,000-£5,000 for any horse travelling without a passport.
The Provider recommends that The Hirer carries their horse’s passports at all times when travelling. For the purpose of The Supplier’s Equine Rescue Services cover, The Provider must advise that any of the national network of horse transporters may refuse to recover a horse from a breakdown or accident if they are not travelling with their passports.