These terms shall apply to the hire of the horsebox that we supply to the ‘hirer/you’

No contract shall exist between owner and hirer for the hire of the horsebox and any services until we have received and accepted your order

On confirmation of your order 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. You shall be responsible to us for ensuring the accuracy the terms of any order (including whether the horsebox is adequate for your purposes) submitted by you, and for giving us any necessary cooperation, assistance and information relating to the hire of the horsebox or as we may reasonably require within a sufficient time to enable us to perform the contract in accordance with its terms

1. DESCRIPTION AND PRICE OF HIRE SERVICES
2. The description and price of hire services that you order will be as shown in our quotation already provided to you via email at the time when you place your order
3. The day of collection and the day of return if consecutive is charged as one day’s hire, provided that the period of hire over two consecutive days does not exceed a total of 24hrs

1. WARRANTIES BY HIRER AND ADDITIONAL DRIVER – OWNER RIGHTS
2. Hirer agrees to return horsebox as seen
3. Hirer agrees not to use horsebox for hire or reward nor use it in violation of any law or regulation, nor remove it (without prior written consent of owner) from England, Scotland and Wales
4. Hirer hereby warrants and undertakes to the owner: –

• The accuracy of the information supplied to the owner
• That he/she will not operate horsebox or permit the horsebox to be operated in any way that would violate this contract, including: Driving by any person under 23 or over 75: In motor sport events (Including racing, pacemaking, rallying, reliability trials, and speed testing); To propel or tow any vehicle or trailer; By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation: By any other person other than the hirer or agreed additional driver; Under authority of any licence other than his/her own if hirer or driver leaves the horsebox unlocked or fails to secure the keys; Other than on a paved public highway/place, private road or driveway; In a reckless or imprudent manner or if the horsebox is deliberately damaged
• That the licence shown to owner at the time the horsebox is rented is his/her own and fully valid
• That he/she will further protect the interests of the insurer and the owner by ensuring the horsebox is always locked when unattended and that the keys are secure at all times
• If hirer commits any breach of the agreement, as outlined in clause 2 the owner may treat the agreement as terminated and may seize at any time and place, without legal process or notice to hirer, the horsebox.
• Hirer authorizes owner to verify through credit agencies, the driver and vehicle licensing agency or any other sources, personal, driving and credit information provided by hirer and any additional drivers
• The hirer is responsible for the whole value of the horsebox in the event that they do something (or not do something) that invalidates the insurance policy

1. PAYMENT
2. A deposit of 50% is required at the time of booking by credit/debit card.
3. All outstanding sums in respect of the price for the hire services will become payable not less than 7 working days before the proposed commencement of hire. Unless we have already received the full outstanding payment from you in respect of the total hire services, we shall automatically cancel your hire agreement
4. The horsebox will not be made available to hirer until we have received cleared funds all sums due and payable to us for the hire services
5. The hiring of the horsebox will commence on the date on which you collect the horsebox as agreed
6. We will use all reasonable endeavors to have the horsebox available for collection on the date agreed but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control
7. The horsebox will be provided with a full tank of fuel at the commencement of hire. Please note your obligations in respect of fuel when returning the horsebox are to return with a full tank. In the event that the horsebox’s fuel tank is not returned full you hereby authorize us to fill the tank on your behalf and charge the costs of such fuel to yourselves with a £20 admin fee
8. Prior to the release of the horsebox, you shall be required to provide us with the following forms of identification in respect of each proposed driver of the horsebox: – each drivers current drivers licence, if not a photo drivers licence then front and back of the paper form along with your passport for photographic ID. Two forms of proof of address (utility bills, bank statements, mobile phone statements) dated within 90 days containing details of their current residential address
9. Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the horsebox will not be available to you until we are reasonably satisfied with your forms of identification and the horsebox will not be released until all such documents have been produced in accordance with these terms
10. Hirer expressly agrees to pay owner on demand: any charge agreed for delivery and collections, collision damage waiver (if any), theft protection insurance (if any), personal accident insurance (if any), legal liability insurance (if any).  All fines and court costs for parking, traffic or other legal violations assessed against the horsebox, hirer other driver or owner until horsebox is returned, except where caused through fault of owner
11. Hirer is liable as the owner of the horsebox during the period of hire in respect of any fixed penalty offence committed in respect of that horsebox under the Road Traffic Act 1988 and Road Traffic Offenders Act 1988; any excess parking charge which may be incurred in respect of that horsebox in pursuance of an order under sections 45 and 46 of the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991; value added tax and all other taxes (if any) payable on the items listed below;

• owners costs, including reasonable legal fees as permitted by law, incurred collecting payment due from hirer here under; fair Market value of repairing damage howsoever caused to the actual horsebox supplied, administrative fees, plus loss of revenue at the daily rate of £120 based on owner’s loss of use of the horsebox, diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the hirer or any other person, and regardless of whether damages are a result of an act of God
• owner shall have the sole right and responsibility to repair the horsebox. Damage should be reported in writing to the office where the vehicle was rented as soon as possible and in any event within 24 hours after the vehicle was damaged

1. If the horsebox is stolen, it should be reported to the owner immediately, and in any event within 24 hours after the horsebox was stolen. It should also be reported to the police immediately and a Crime Reference Number should also be obtained immediately, regardless if hirer’s own insurance or if owner’s insurance applies
2. Each day hire is allocated a limit of 300 miles, anything over this will be charged at 50p a mile

1. YOUR RIGHT TO CANCEL
2. You have the right to cancel the contract at any time up to the end of seven working days from the date that the contract was agreed between us. However, you will NOT be able to cancel the contract once we have begun to perform the hire services with your agreement
3. A 50% refund will be given if the cancelation is prior to 48hrs before the booked hire, however if the cancelation is within 48hrs of the booked hire no refund will be given
4. To exercise your right of cancellation, you must give written notice to us by email info@hoenixhorseboxhire.com, giving details of the hire services ordered
5. Once you have notified us that you are cancelling the contract, we will (if you are entitled to cancel the contract in accordance with these terms) refund you within 30 days for any sums that have been paid by you or debited from your credit card for the hire services
6. You may request the termination of the active contract at any time. Your request must be in writing and emailed to info@phoenixhorseboxhire.com. No refund of any fees for the hire services will be due to you in the event of such a termination

1. YOUR OBLIGATIONS TO US ARE AS FOLLOWS:
2. You shall not during the hire of this contract, sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the horsebox or part there of nor attempt to purport to do so
3. To notify us immediately of any change in your address and upon request by us promptly inform us of the whereabouts of the horsebox
4. Use all partitions and such other equipment for the safe transportation of animals and not transport any animals unless they have been properly secured
5. Do not carry more persons or animals than is recommended by the horsebox manufacturers and at all times comply with all load and weight restrictions
6. Please note that smoking is strictly prohibited in any part of the horsebox
7. The hirer will only use the horsebox for its designed purpose to transport horse/s and equine ancillary equipment. Further that, any other use to be referred to the owner in advance, in writing, for the owner consideration

1. RETURN OF HORSEBOX
2. On termination of the hire however 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 tyres, tools, handbooks and accessories) to us at our premises in good clean order and working condition and at your expense and risk
3. Unless we otherwise agree in writing, the return of the horsebox shall be made by you returning it at our premises on or prior to the date agreed for the expiry of the hire. Please ensure that you return the horsebox on time and in accordance with these terms. It is important that the horsebox is returned on time so that it can be prepared for release to other customers
4. In the event that you do not return the horsebox on time and in accordance with these terms: – A penalty payment of £99 will immediately become payable to us. You shall fully indemnify us against any other claims, liability, damages, losses, costs and expenses suffered or incurred by or awarded against us and arising from your failure to return the horsebox in accordance with these terms
5. Please note that no refunds or other discounts will be given where the horsebox is returned early
6. Horsebox should be returned in the condition it was taken. This includes mucking out the box inside and cleaning around the cab and living area. If this is not done, then a £60 penalty will be billed to you for the cost of the lorry clean

1. OWNER’S INSURANCE
2. Hirer is insured upon and subject to the terms and conditions of the policy of insurance held by the owner in respect of the horsebox and its use against liabilities to third parties including passengers who are non-fare paying and for whom there are permanently fixed seats. A copy of the policy shall be kept available for inspection by the hirer at the registered office
3. Where a passenger is a child, it is required by UK law to use a child seat when travelling. The hirer at their own expense provides their own car seat for that child, which is compliant with current UK law & standards
4. In respect of each and every incident resulting in damage to the horsebox, the hirer shall forthwith upon demand pay to the owner the appropriate excess in such insurance towards or in settlement of the cost of making good any such damage on a full indemnity basis and the cost and expenses incurred by the owner in proceeding to recover the same from the third party
5. You shall remain solely responsible for insuring and keeping insured all personal goods and possessions that do not belong to us or are otherwise provided by us at the commencement of hire including all horses and such other animals that we consent to being carried in a horsebox and the transportation of the same under an appropriate insurance policy with suitable cover and with a reputable insurer.
6. In no event shall we be responsible to you for any loss or damage to personal goods or possessions, horses and other animals.
7. Please note that the insurance policy maintained by us in respect of the horsebox is subject to a £500 excess, £600 for those aged 23-25 and you hereby authorise us to charge you all sums not covered by a policy of insurance
8. In case of accident, the hirer shall in the event of an incident that results in damage to the horsebox:

• The driver of the horsebox completes and delivers to the owner the relevant accident report within 24 hours after the accident
• Any writ of summons, summons or other document relating to any proceeding arising out of such accident is forthwith delivered to the owner at the registered address; 70 Broomefield Road, Stoke Holy Cross, Norwich, NR14 8FF (info@phoenixhorseboxhire.com)
• All assistance is rendered to the owner and its insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the owner in the name of the hirer and defending any proceedings brought against the hirer
• The hirer shall forthwith upon demand fully and effectually indemnify the owner against all losses, liabilities, costs, actions, claims or demands which it may incur or have brought or made against it in relation to the horsebox or its use and which are not recoverable under a policy of insurance whether the same is affected by the owner or hirer
• The names and addresses of all witnesses thereto are collected and given to the owner.
• If an incident occurs whilst on hire, the hirer must provide photographic evidence of all vehicles involved in the accident with any damage caused

For the purposes of the DATA PROTECTION ACT 2018, the owner or any subsidiary of the owner may hold and process by computer or otherwise the information given to the owner by the hirer or any additional driver for statistical analysis.

1. OWNERSHIP
2. The horsebox shall at all times remain the property of the owner and you shall have no rights to the horsebox other than as hirer
3. The horsebox must not be taken outside England, Scotland or Wales without permission of the owner and extra costs would be incurred

9.   PLEASE NOTE THE FOLLOWING ITEMS FROM MY INSURANCE POLICY RELATING TO THE HIRER:

1) Prior to the commencement of any hire the Insured shall have:

a) Inspected the driving licence of the hirer and any other permitted driver.

b) Satisfied themselves that the hirer and any driver

i) are not under the age of 23 or over 75 years of age.

ii) has held a full UK licence for a minimum of three years.

iii) has not had their licence suspended for any period within the last three years.

iv) has not been involved in more than one fault incident within the last three years.

v) has no more than two convictions with a maximum of 3 points per conviction.

vi) has not obtained a BA,DD or UT conviction.

2) The insured vehicle shall only be let out on hire to a person who has signed and completed a rental agreement or the hirer/driver proposal for each period of hire.

3) The insured shall have completed, prior to releasing vehicle, identity checks including copies of all drivers licences, 2 utility bills dated within 90 days of the hire and the £50 deposit being taken by a clear and traceable means such as a debit or credit card.

4) In the event of a theft by hirer claim an excess equal to 25% of the vehicle value will apply.

5) In the event of a claim resulting from the use of cooking/heating appliances, a 25% coinsurance excess will apply, subject to a minimum excess of 500.

6) The Insured vehicle shall not be used for the carriage of goods of an explosive, dangerous or hazardous nature or for the carriage of goods or passengers for hire and reward or any other form of profit or remuneration.

By confirming the booking you confirm that you agree to all the above terms and conditions, and satisfy all the insurance criteria and have provided proof with valid driving licence.