Make A Memory Motorhome Hire

Terms & Conditions

Definitions

'I', 'me', 'my', ‘you’, ‘yours’, ‘yourself’ and ‘hirer’ refers jointly and severally to the person or persons who are the Customers.

‘Customer' means the person or persons nominated as the hirer under the heading 'Hirers Name / Contact' on the Rental Agreement, any person whose credit or debit card is presented in payment of the Customer's charges, or any person who deems themselves to be the legal entity and ultimately responsible for the motorhome. Should the legal entity be different from the driver, then full name, address and contact phone numbers must be supplied.

‘The company’ means ‘Make A Memory Motorhome Hire.

‘Make A Memory’ Means Make A Memory Motorhome Hire Ltd. based at 
7 Hayman Rise, Grange Farm, Milton Keynes MK8 0ND

'This Agreement' means the Rental Agreement, the Insurance Motor Rental Agreement and these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and any other Make A Memory literature, the provisions of these Terms and Conditions apply

‘Booking’ the confirmed reservation of a motorhome hire and includes the payment of the Booking deposit and/ or full balance for the rental.

‘Booking Deposit’ means the monetary amount required to confirm the motorhome Booking.

‘Rental Period'
Means the hire period as stated on the Rental Agreement or any agreed variation thereof and any additional period during which the Vehicle is in the Customer's possession or control.

'Vehicle'
Means the Vehicle as stated on the Rental Agreement and includes tyres, tools, accessories and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of Make A Memory.

'Security Deposit'
Means the amount held as security by Make A Memory in relation to this hire

‘Overhead Damage’
Is deemed as any damage sustained to any part of the Vehicle, its equipment and or any third party property which occurs above 6 feet (1.83 metres) in height measured from the ground upwards.

1. Depots

Grange Farm, Milton Keynes MK8 0ND 

2. Depot hours

As a private address we do not allow unscheduled visits. Collection and drop off times are pre-arranged and should be adhered to. Any lateness should be advised to The Company as early as possible. 

3. Hire rates quoted include:


- UK standard Vehicle insurance
- UK standard equipment & breakdown**

All prices quoted in the Agreement are gross prices.

**Make A Memory will supply full breakdown cover to cover any mechanical faults to the base chassis of the motorhome. Any call out charges necessitated by the client through operator error, e.g. a flat Vehicle battery, wrong or insufficient fuel, keys locked in a motorhome etc, will be the responsibility of the client.

4. Minimum Hire

This ranges from 3 to 7 nights depending on the season. Make A memory reserves the right to increase the minimum hire period for certain events.

5. Payment

A Booking is only binding after it has been confirmed by Make A memory and a Booking deposit payment of 25% of the total hire cost has been received. Once the Booking is confirmed, a confirmation email will be sent out to the client. Settlement of the remaining balance will be due six weeks prior to departure. Make A Memory reserves the right to cancel the Booking if payment is not received six weeks prior to departure. Payment is accepted by credit card (Visa or MasterCard only), debit cards or bank transfers. No American Express or Cash.

For late Bookings (less than six weeks before departure) the full rental price is payable on Booking. Vehicles will not be released without full payment being completed. Make A memory reserves the right to increase the Booking deposit for certain events or promotions.

6. Drivers

  • Age limits:
    • Standard insurance: 25/30 to 79 years
  • Maximum of 2 drivers per rental.
  • All drivers must have held a valid licence for more than 2 years that entitles them to drive a UK category B Vehicle up to 3500kg GMW
  • The driver must be able to demonstrate that they have driven on a regular basis (More than 3 times per week) for at least 3 years and feel confident to drive a Vehicle of the dimensions of our largest motorhome 7.5m long 2.4m wide and 3.2m high
  • Drivers holding only an automatic driving licence can only hire our auto models and this must be declared at the time of Booking
  • All drivers must be present at checkout of the Motorhome. No exceptions can be made
  • Production of a full, valid standard driver's licence, as well as a valid passport are required from all drivers at the start of hire
  • Copies will be taken of all identification presented and will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
  • If you have a photo-card GB licence we require the photo-card and your NI (National Insurance) number to check your licence details on the DVLA’s online system. We are unable to insure you if we have not DVLA checked your licence details
  • If you have a modern Northern Ireland licence, we require both the photo-card and the paper counterpart
  • Your licence address must be your current home address, if not, then in addition to this we will require either a recent, within the last 3 months, utility bill or bank statement which has your name and current address listed
  • Where possible ALL drivers must submit two proofs of address from the supplied list of acceptable sources, the address must match the licence address, 
  • All drivers whose licences are issued outside of the EU or Commonwealth are required to supply a valid International driving permit alongside your standard licence at the start of hire. This must be issued in the country your standard licence was issued and must confirm you are able to drive a UK category B Vehicle up to 3500kg GMW. Should any driver fail to present all the correct documentation and identification on collection of the motorhome or do not meet the driver requirements stated in the terms and conditions, then Make A Memory will be unable to release the motorhome and no refunds will be given
  • Endorsements on licences: you must declare at the time of Booking if there are any endorsements on your licence. Make A Memory can accept up to 6 speeding points that occurred within the last 3 years (charges apply). For more than 6 points or for any conviction other than for speeding, including, but not limited to the following codes: AC, BA, CD, DD, DR, IN, LC, MS, UT, MR and TT or for any driver disqualification within the last 5 years Make A Memory may not be able to get cover. No refund will be given if the hire is cancelled because we are unable to insure you to drive.
  • Insurance claims: You must declare at the time of Booking if you have made or had Vehicle insurance claim made against you within the last 5 years. Make A Memory may not be able to get cover should you have had 2 or more claims within the last 3 years
  • Driver occupations: you must declare your occupation on collection of the Vehicle. 
  • Make A Memory may not be able to offer cover for the following occupations:
    • Celebrities
    • Sports personalities
    • Musicians
    • Entertainers
    • Serving Foreign Armed services personal
    • Embassy employees based in the UK
    • Students under the age of 30
      Should the driver not disclose that they fulfil one of the above occupations even in a part time capacity, this will render the agreement as void and the hirer will be fully liable.
  • Drivers are personally liable for all legal penalties (e.g.: parking tickets, congestion charges, speeding fines) which are incurred during the period of hire
  • Make A Memory is unable to insure any driver with no fixed abode

7. Cancellation charges

  • Within 24 hours of booking: £25.00 admin fee
  • More than 6 weeks before: 25% of total hire cost or Booking Deposit (whichever is greater)
  • 6 weeks - 2 weeks: 50% of total hire charge
  • 2 weeks - No Show: 100% of total hire charge

A ‘No Show’ is deemed as the Customer not presenting themselves on the first day of the Rental Period to collect their motorhome and not communicating to Make A Memory prior to this date that they will be collecting the Vehicle on an alternative date/time within the booked Rental Period. Should the hire be deemed a No Show, the Booking will be automatically cancelled at close of business that day and the Vehicle will be released for re-hire by another party. No refunds whatsoever will be due.

Every cancellation request needs to be made in writing and will be confirmed by us in writing. Make A memory cannot postpone or transfer money from one hire to another. 

8. Extras

  • Privacy Room:  £80.00 per rental.
  • Additional driver: £45.00 per person, up to a maximum of 1 additional drivers per hire with clean driving licences
  • Child seats: £30.00 per seat, per rental


9. Car Parking facilities

  • Make A memory offer off road parking with CCTV and on our private property.
  • Parking is at their own risk; Make A memory cannot and will not be held liable for any damage caused to their Vehicle whilst on site
  • the Customer locks and secures their Vehicle and removes any personal items on show
  • the Customer retains custody of their Vehicles keys

 

10. Motorhome Collection & Return

  • Collection: Collection times are pre-arranged and any deviation from those pre-arranged times is unauthorised. Please allow 1 hour for the handover at the depot; this allows us to complete the documentation and demonstrate your Vehicle to you. All drivers need to be present on collection of the motorhome and must bring their full valid licence and passport and credit or debit card for Security Deposit. Please see section 27, Drivers for further details.
    Note: Make A memory will make every effort to have your motorhome ready for the collection time you have selected however Make A memory cannot guarantee that your Vehicle will be ready for this time. Should this be the case no refunds will be due to you, there will be no extension of your hire, and the motorhome will still be required to be returned in accordance with the details set out below.
  • Return:  Return times are pre-arranged and any deviation from those pre-arranged times is unauthorised. The Vehicle must be returned on the correct date and before the time stated on the rental agreement. Hirer will be liable for the full Security Deposit amount should they abandon the Vehicle without agreement from Make A memory - please allow 1 hour for the hand-over at the depot. Vehicles must be returned undamaged, with a full tank of diesel, AdBlue and LPG gas. 
  • The waste water and toilet cassette must be emptied prior to return and the interior clean, in the same conditions as when the motorhome left the depot otherwise a charge will be made for additional valeting and/or upholstery cleaning if required. In addition, a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return. Please see section 17, Rental and other charges for further details. Please note that there are no toilet emptying facilities at Make A Memory’s depot so this must be emptied prior to return.  Vehicles should never be returned or abandoned out of depot opening hours without prior agreement. Any vehicles returned or abandoned out of depot opening hours may result in loss of security deposit.
  • Lost property: It is the hirers responsibility to make sure that upon return of the motorhome all of their personal possessions & rubbish are removed from the Vehicle. The Vehicle may be going back out again on hire that same day, Make A Memory cannot be held responsible should an item be left on board. Make A Memory will do our upmost to contact the hirer if items are handed in, these items will only be stored for 2 weeks before disposal/charity.
  • Late return: If you will be late returning, Make A Memory must be advised immediately. Failure to do so may result in a prosecution for driving whilst uninsured. An additional charge of £100.00 per hour will also be payable for all late returns.
  • Maximum Term: The maximum term the motorhome shall be rented for shall be 28 days without prior approval by Make A Memory.  

11. Motorhome Systems

 Make A Memory will carry out a full Pre-Checkout Inspection (PCI) on every motorhome before the commencement of your hire. The PCI involves testing every system on board the motorhome to ensure they are operating correctly. In conjunction with this the hirer will be taken on a tour of the motorhome and shown how each system works. Should an on-board system fail during your hire, Make A Memory will make every reasonable effort to remedy the fault whilst you are away but in some circumstances this may not be possible and Make A Memory cannot be held responsible and will not refund any monies should a loss of service be encountered nor have any obligation to provide a replacement Vehicle. Make A Memory cannot be held responsible for any consequential events, losses or costs arising out of the failure of any items/system on board the motorhome. In the case of winter hire, Make A Memory cannot and will not be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the hirer.

12. Vehicle acceptance

  • You acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the Motorhome Handover Checklist and with a full diesel tank, full AdBlue tank, full LPG gas bottle and full fresh water tank
  • You acknowledge that Make A Memory will not refund to you any monies if the Vehicle is returned or you cease to have use of the Vehicle or an item of equipment on the Vehicle prior to the return date for any reason e.g. Accident, weather, theft or damage

13. Change of Vehicle

Make A Memory 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.

Should the Customer decide to change the motorhome that they have booked, subject to availability Make A Memory will try to accommodate the request where possible. Should there be an increase in the daily rental cost, the client will be liable for the increased premium in line with section 6, payment terms. Should the daily rental cost be lower, the original booked price will stand and no refund will be given. Should Make A Memory not be able to accommodate the request and the Customers decides to cancel the Booking, Make A Memory cancellation terms shall apply, see section 7, cancellation charges for more details.

14. Rental and Other Charges

You will pay Make A Memory:

  1. All rental charges
  2. The Security Deposit
  3. Administration fee of £25.00 per amendment of a confirmed Booking or per penalty charge notice received
  4. The nominated valeting fee and /or upholstery cleaning fee if the Vehicle is not returned with the interior in a clean condition
  5. The nominated additional fee of £50.00 if the toilet and waste water tank are not emptied prior to the return of the Vehicle
  6. Mileage allowance is 1000 miles per 7 day hire period (calculated on a pro-rata basis for shorter rentals) unless alternative arrangements agreed during the handover process.  Additional mileage charged at £0.30 per mile payable from deposit previously taken.
  7. The nominated refilling fee should any of the Diesel, AdBlue and or the LPG tanks not be returned completely full are:
    Diesel charges:
    • ¾ to full = £75.00
    • ½ to ¾ full = £90.00
    • ¼ to ½ full = £120.00
    • empty to ¼ full = £140.00

       

           LPG charges:
          £40.00 regardless of level

          Ad-Blue charges:
          £.25.00 regardless of level

          Additional Optional extra's

          Additional Driver charges:
          £45.00

         European Travel charges:
         £35.00 per driver

          Trouble Free Return charges:
          £40.00 + cost of refilling

          Spare Toilet Cassette charge:
          £25.00

          Aquaroll Water carrier charge:
          £20.00

          Microwave oven charge: 
          £10.00
   
          Privacy Room Charge:  
          £60.00
          
          Early Collection/Late return charge:
          £60.00 per request

 

  1. The Late fee of £100.00 per hour should the Vehicle be returned after the agreed time as stated on the rental agreement
  2. The nominated cancellation fee as per the cancellation policy in the event of cancellation of This Agreement prior to acceptance or delivery of the Vehicle
  3. The cost of any damage to the Vehicle or third party property, subject to the insurance or CDW cover
  4. The insurance excess should there be damage involving third party property or the theft of the Vehicle. This applies in respect of each claim, not hire.
  5. All government fees and duties etc
  6. All parking fines, other fines or penalties and associated administration costs incurred in relation to the Vehicle during the Rental Period
  7. Any other fees or charges payable by you pursuant to This Agreement. This includes any costs incurred by Make A Memory as a result of any breach by you of the terms of This Agreement
  8. Demurrage; the nightly rental rate for the period the Vehicle is off fleet; e.g. for accident repairs
  9. Any additional costs over and above the Security Deposit value should damages exceed the Security Deposit value
  10. The cost to recover a Vehicle
  11. In the case of gross negligence Make A Memory reserves the right to recover full costs in order to return the motorhome to the state in which it was handed over.

15. Errors in Rental Charges

Total charges as set out therein are not final. You agree to pay any shortfall in charges to Make A Memory and you will receive a refund for any overcharge acknowledged by Make A Memory.

16. Security Deposit

There is a refundable GB£1500.00 Security Deposit payable by credit card (Visa or MasterCard only, no American Express), or debit card. The card should be in the lead drivers name and the amount will be debited from your account immediately. Pre-paid currency cards cannot be accepted. Make A Memory reserves the right to increase the Security Deposit in certain circumstances or for specific events e.g. World Cup events, Festivals, clients travelling with pets, for any other hire where the Motorhome is carrying 4 or more adults to GB£2000.00. Cheque and Cash payments are not accepted against the Security Deposit.

  1. On taking delivery of the Vehicle, you agree to pay the Security Deposit
  2. You irrevocably authorise Make A Memory  to deduct from the Security Deposit any amounts due by you to Make A Memory arising out of This Agreement
  3. Cardholder must be present to complete the security deposit and should have a phone/device which is linked to your banking app that will allow confirmation of the hold transaction. Failure to comply may result in cancellation of rental.
  4. The Security Deposit will be refunded within 7 working days once the Vehicle has been returned to the depot and a thorough inventory & condition check has been satisfactorily completed, and as long as there are no outstanding insurance claims. 
  5. Should any damages or costs exceed the Security Deposit the Customer will be responsible to settle all additional costs over and above the Security Deposit value within 7 days of being notified of the cost

17. Use of the Vehicle

You agree that during the Rental Period, you will not and will not allow the Vehicle to be:

  1. Driven otherwise than in a cautious, prudent and normal manner
  2. Used in a manner which could cause damage
  3. Driven in a prohibited area or in an area other than the areas indicated by you to Make A Memory 
  4. Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law
  5. Left open whilst the Vehicle is unoccupied
  6. Left with the ignition key in the Vehicle while it is unoccupied
  7. Left unoccupied without the TV/DVD covered
  8. Driven by persons
    1. Under the age of 25 years
    2. Aged 76 or over
    3. Who is not authorised by law to drive the Vehicle. Particulars of a proposed licensed driver of the Vehicle are set out under the heading 'Hire’s name/ contact’ on the Rental Agreement
  9. Damaged by:
    1. Submersion in water
    2. Contact with Salt Water
  10. Used for any illegal purpose for any race, rally or contest
  11. Used to tow any Vehicle or trailer
  12. Used to carry passengers or property for hire or reward
  13. 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
  14. Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material
  15. Otherwise used in breach of my obligations under This Agreement

18. Road Restrictions

  1. All Vehicles may only be driven on sealed / bitumen roads
  2. You acknowledge that reserves the right at any time, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause

19. Alterations to the Vehicle

You shall not make any alterations or additions to the Vehicle without the prior written consent of Make A Memory 

20. Title to Vehicle

You acknowledge that Make A Memory retains title to the Vehicle and its contents and that you possess the goods as a mere bailee only. You do not have any right to pledge Make A Memory credit in connection with the Vehicle and agree not to do so. You shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

21. Smoking/Vaping

All Make A Memory motorhomes are non-smoking Vehicles which includes the use of vapes & e-cigarette. Make A Memory reserves the right to impose additional Valeting and or Upholstery cleaning fees and charge demurrage should smoke be detected in the motorhome

22. Passengers

Make A Memory authorises the use of these Vehicles up to the stated number of passengers. Each person is to use the safety restraints provided at all times whilst the Vehicle is in motion. Here listed are the numbers of people, including the driver that each motorhome can legally carry: 2 berth = 2 passengers, 4 berth = 4 passengers, 5 berth = 5 passengers, 6 berth = 6 passengers. Carrying more than the specified number of passenger is against the law and in breach of This Agreement. Child seats are available (see section 8 Extras for applicable fees) and it is the responsibility of the hirer to fit them themselves. Children up to 12 years of age or 135cm in height, which ever they reach first, must use the correct child restraints appropriate for their weight/height under UK law.

23. Pets

Make A Memory authorises pet(s) to be taken on board if:

  • prior written consent has been obtained from Make A Memory 
  • an increased Security Deposit is paid (see section: 14, Security Deposit)
  • they are not left in the Vehicle unattended
  • they are not allowed on any of the soft furnishings or upholstery (this includes the beds, seats/sofas)
  • the Vehicle is returned in a clean and tidy condition as if a pet was never present. Should this not be the case, or any pet hairs are found, cleaning charges and upholstery cleaning charges will apply. The minimum charge for this is £100.00
  • you agree to cover the cost of all damage caused by a pet, even if it exceeds the Security Deposit (see section 17, Rental and other charges for further details)
  • Make A Memory  Pet policy is signed and adhered to.

24. Insurance (provided all the personal information supplied is correct)

The Vehicle is insured for theft and damage to the Vehicle and the property of a third party; but does not include any personal insurance for the Customer (including death or bodily injury to the driver) or cover any personal possessions. The Vehicle insurance is arranged by GRP. The hire rate quoted includes a standard excess of GB£1500.00 (GB £2000.00 if [D1] dog is included within booking) per accident, reported incident or Vehicle theft. In the event of any damage to either the Vehicle or third party property, the hirer will be liable for the first GB£1500.00 per claim. In the event of the theft of the Vehicle, the hirer will be liable for the full cost of the Vehicle; once a theft has been reported to both Make A Memory and the police, a claim will be lodged with the insurer. The keys must be returned to Make A Memory. Should the insurer accept the claim and agrees to reimburse Make A Memory for the cost of the Vehicle, the liability to the hirer will reduce to the first GB£1500.00 of the claim (excess). Please note: if the keys are not returned to Make A Memory, the insurer will not accept the claim and liability for the full cost of the Vehicle will remain with the hirer.

Only persons named on the Rental Agreement are insured to drive the Vehicle. Please note that no insurance cover is offered for Overhead Damage, any damaged deemed as gross negligence, or any internal damages therefore the hirer accepts fully liability for these which is in addition to the standard Vehicle excess should that apply. Windscreens and /or tyre damage is not covered by the standard Vehicle insurance and therefore excess, Make A Memory will be responsible should damage to personal possessions or bodily injury occur (including death) as a result of proven gross negligence on Make A Memory’s part i.e. our actions or failure to act. Make A Memory will not be responsible for any loss which is a side effect of the main loss e.g. loss of profits or opportunity. This is separate from the Vehicle insurance provided.

25. Vehicle Damage - Insurance Cover

You are aware that:

  1. The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the Customer or their possessions
  2. The Standard Insurance does not cover Overhead Damage. The hirer will be responsible for the cost to repair all damages.
  3. You will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is GB£1500.00 per claim, not per rental.
  4. You will not have any insurance cover and you will be responsible for the total cost of any damage if you breach any of the terms of This Agreement.
  5. You will be responsible for any damage caused through gross negligence.
  6. You shall pay for any damage to the windscreen which was not included in the handover process.  Replacement windscreen - £550.00 .  Repairable chip damage - £50.00.  Our dedicated vehicle glazing supplier shall deem which is necessary.   Any payment shall be deducted from your security deposit unless that is required for an insurance claim. 

Claims mitigation:

      Make A Memory Motorhome Hire shall make an effort to mitigate any loss to its hirer's in the event of any damage by sourcing damaged parts without making an insurance claim.    In doing so Make A Memory shall incur some additonal out of pocket expenses which shall be passed onto the driver who caused the damage.   Charges shall be what is deemed 'reasonable' by Make A Memory. 

       Make A Memory have a 'Like for Like' replacement parts policy.  In the event of any damage we shall source parts which are genuine manufacture 'OEM' parts where an OEM part was damaged.  

26. Responsibility when accident occurs

  1. In the event of any accident, loss or damage arising out of the use of the Vehicle, you will
    1. Notify Make A Memory  within 24hrs of the happening of the event
    2. Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station
    3. Complete an accident claim form as supplied
    4. Not make any admission of liability to other parties, settlement offer or other like offer
    5. Assist Make A Memory in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence
  2. You acknowledge that the excess or other amount due by you in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the Rental Period, regardless of which party is at fault
  3. You will pay for any costs relating to the delivery of a change over Vehicle as a result of an accident regardless of which party is at fault
  4. No Security Deposit or insurance excess will be refunded until any claim is settled

27. Maintenance

  1. You shall take all reasonable steps to properly maintain the Vehicle, including checking oil, coolant and AdBlue (if applicable) levels, tyre pressures and batteries.
  2. You are aware that the Vehicle will be supplied with a full tank of diesel, AdBlue (if applicable) and full tank(s) of gas and that it is my responsibility to replenish these throughout my hire and return these all full otherwise charges will apply. Make A Memory will not be held responsible should I run out of any of these during my hire
  3. You acknowledge that Make A Memory will reimburse you for expenditure up to UK £40.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system, refrigerator, heating, audio and DVD equipment, provided that:
    1. You produce relevant receipts: and
    2. You have received the prior consent of Make A Memory 
    3. The damage is not due to my fault or my breach of This Agreement
  4. Subject to the terms of This Agreement, you will pay for the cost of repairing or replacing tyres damaged during the Rental Period. Make A Memory will reimburse you for expenditure reasonably incurred if:
    1. The tyre is defective and is returned by you to Make A Memory for inspection; and
    2. You produce relevant receipts; and
    3. The manufacturer accepts liability under his warranty

       
  5. You will be liable for any costs associated with allowing the engine oil, coolants or AdBlue (if applicable) to run empty and cause damage to the Vehicle’s engine
  6. You will be liable for any costs associated with the incorrect use of fuel. All Make A Memory motorhomes run on DIESEL

28. Credit and Debit Card Payment

Visa card and MasterCard credit cards only. All debit cards accepted. Pre-paid currency cards are accepted for payments but not for the Security Deposit. No American Express.

  1. Make A Memory will accept payment by credit cards approved by Make A Memory 
  2. When payment is paid by credit, debit or pre-paid currency card, you agree that:
    1. Make A Memory is irrevocably authorised to complete any documentation and to take any other action to recover from my credit or debit card issuer all amounts due by you pursuant to This Agreement, including but not limited to those outlined in section 17, Rental and other charges
    2. You will not dispute your liability to Make A Memory for any amount due under This Agreement and you shall indemnify and keep Make A Memory indemnified against any loss incurred (including legal costs) by reason of notifying your credit or debit card issuer of such dispute

You acknowledge that all transactions under This Agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against your credit or debit card and the amount refunded within 7 days after the expiration of the Rental Period. You release Make A Memory from any liability for such variation

29. Payment of Charges, Joint and Several Liability

All charges and expenses payable by you under This Agreement are due on demand by Make A Memory. If you do not pay all charges on time, you agree to pay interest at 1.5% per month above the base rate as published by HSBC on the outstanding balance and any additional costs incurred by Make A Memory, including reasonable legal fees to recover the outstanding money owed. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to This Agreement.

30. Terminating the Agreement

You acknowledge that Make A Memory may terminate This Agreement and repossess the Vehicle at any time, without notification to me, and that you will pay the reasonable costs of repossessing the Vehicle, including towing charges if:

  1. You are in breach of any term of This Agreement
  2. You have obtained the Vehicle through fraud or misrepresentation
  3. Any statement, representation or warranty made by you in respect to yourself or additional drivers is incorrect
  4. The Vehicle appears to be abandoned
  5. The Vehicle is not returned on the agreed return date or Make A Memory  reasonably believes that the Vehicle will not be returned on the agreed return date
  6. Make A Memory considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger. You understand that in the event of such termination or repossession, you have no right to a refund of any part of the rental charges or the Security Deposit

31. Release and Indemnity of Make A Memory

  1. Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, you release Make A Memory, its employees and agents, from any liability to you (regardless of who is at fault) for any loss or damage incurred by you by reason of This Agreement, including but not limited to:
    1. Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose
    2. Any loss or damage to any property left in or on the Vehicle, in any service Vehicle or on any J Make A Memory premises or recovered or handled by Make A Memory
  2. Subject to any insurance arrangements agreed with Make A Memory, you hereby indemnify and shall keep indemnified Make A Memory, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle

32. Changes

Any changes to This Agreement must be in writing and must be signed on behalf of Make A Memory and by me.

33. Force Majeure

Make A Memory will make every effort to ensure that the reserved Motorhome is available for you at the correct time. If, due to circumstances beyond our control, this is not possible and if an alternative or acceptable Motorhome is not available our liability is limited to the refunds of all monies paid by you.

34. My Warranties

You warrant that all information supplied by you to Make A Memory in connection with This Agreement is true.

35. Proper Law

This Agreement shall be governed by the law of Great Britain in which This Agreement was signed.

36. Data Protection

Your personal data and information that you have provided to Make A Memory will be processed for the following purposes and in accordance with our Privacy Policy which can be found on our website
http://www.thlonline.com/Privacy/Pages/default.aspx:

  • To fulfil this contract/ agreement placed with us, including but not limited to motorhome hire and production of the Rental agreement, your personal data including copies of all identification documents provided and all data entered in the Rental Agreement will be retained for 7 years for the purpose of, but not limited to the defence of any legal claim(s)
  • To fulfil our legal requirements as a Vehicle rental company
  • We will not transfer your personal data to any third party outside the THL group, unless:
    • It is to book a third-party service for you including ferry crossing and taxi transfers
    • It is to enrol you in a third-party membership including caravan club, camping and caravanning club and English heritage memberships
    • It is for on road Vehicle assistance for example Vehicle recovery/breakdown providers and repair workshops
    • It is to our insurer and GRP
    • It is to the police, local authorities, councils or DVLA if we suspect or are notified that a road traffic offence/ contravention has occurred
    • It is to local authorities, councils and private parking companies if we suspect or are notified that you breached private parking terms and conditions, dart and congestion charges
    • To insurance companies if we suspect or are notified of an incident with a third party
    • It is to the police, DVLA and Customs and Port authorities if we suspect or are alerted to criminal activity
    • Our bank or merchant provider in line with transactional processing
    • You are in breach of our agreement in which case we may notify the BVRLA’s RISC database, police, our solicitors, debt collection agencies, credit reference agencies and any other relevant organizations
    • The third party is our subcontractor or a member of our companies, who is processing personal data on our behalf securely and in accordance with our instructions
    • It is between software systems that we use for the purpose of our business as a Vehicle rental company including but not limited to Aurora, Cosmos, Sugar CRM, Workshop software, Airtables, Google drive, Mailchimp
    • It is for feedback on our products and services provided
    • You have submitted a photo into a competition that we have run. By entering our competition you agree to the photo(s) you submit being posted to our website, Facebook, Twitter, Instagram, Pinterest and other social media sites. We may also use it for posters and advertising and share with our partners, wholesale and web-based agents for them to use for their own marketing purposes
    • It is otherwise authorised under the Data Protection Act
  • We may use your personal information for marketing purposes and to keep you informed by post, telephone, sms, email or other electronic means about products and services which may be of interest to you. We will only contact you if you have selected to hear about our services and offers on our feedback form that is completed at the end of your hire and we will only use the contact methods that you have agreed to. If at any point you would like to stop receiving information from us, you can click unsubscribe at the base of any email or send an email to admin@makeamemory.co.uk and we will remove your name from the marketing database.

By entering into This Agreement, you agree that we can process and store your personal information in connection with This Agreement including data collected from the Vehicle which may include your location(s) from our Vehicle tracking system and also diagnostics (telematics). We may use your information to analyse statistics, for market research, credit control and to protect our assets.

You agree that if you break the terms of This Agreement we can pass your personal information to any relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.

We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and our own privacy policy and any other applicable date protection legislation currently in force.

35. Entire Agreement

This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of This Agreement. Make A Memory reserves the right to add or amend the Vehicle specifications and rental charges without prior notice. This Agreement does not affect your statuary rights under civil law.

 

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