Rental Agreement | Shell On Your Back

RENTAL AGREEMENT (23/04/2023)

1. Minimum Campervan Hire

We offer a flexible hire arrangement, generally limited to two nights in the Summer months, but get in touch and we will try and accommodate you for one night hire. Maximum hire period is 30 days.

2. Passengers

Shellonyourback authorises the use of this vehicle up to 4 passengers including the Driver. Each person must use the safety restraints provided at all times whilst vehicle is in motion.

3. Drivers

Drivers must be between 21 and 79 years old. A refundable security deposit of £500 to cover Campervan Insurance Excess applies to all our Campervan hires with UK Drivers license and with non-UK licenses held within the EU, Canada, USA, Australia and New Zealand.  If your license is out with these countries, the license will be checked by our underwriters who will notify us of any additional excess. 
Drivers aged 21-22 or 76-79 years old will pay an additional surcharge of £500, deposit totalling £1000.
Drivers aged 23-24 years old will pay an additional surcharge of £250, deposit totalling £750.

Main Drivers must provide their Photo ID driving license (front and back) prior to hire commencement plus an item of residential proof of the main Driver (2 forms of our insurance approved ID from separate companies less than 3 months old is required by our insurers).
Additional Drivers must provide Photo ID driving license prior to hire (front and back). 
Details of any additional drivers are required in advance of rental period.
Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire.

Maximum of 4 drivers per rental
All drivers must be present at Booking Hire Start Day

4. Campervan Hire Rates 

Hire rates quoted include:

150 miles/day in UK – £0.25 per mile thereafter
UK standard vehicle insurance
UK standard equipment & breakdown
Standard hire equipment as outlined on the website.

5. Payment of your Campervan Rental

Availability is on a request and confirm basis at the time of reservation. 
A reservation is only binding after it has been confirmed by Shellonyourback and a deposit of 20% of the Total Booking Hire Fee has been received plus the completed documentation received as requested at time of booking/enquiry.  Our terms and conditions including cancellation policy will apply from this point onwards.  Once the reservation is confirmed, a confirmation message will be sent out to you, the customer. 
Settlement of the remaining balance will be due 42 days prior to Booking Rental Start date for hires taken from 1st April 2023, any bookings taken within 42 days of hire must be made within 48 hours of request from Shellonyourback.
A refundable security deposit will be taken on your preferred payment card prior to the start of your rental period to cover Insurance Excess and any damages or road traffic fines incurred. The security deposit will be refunded within 5 days after the end of your hire less any incurred costs for damages and fines.

I irrevocably authorise Shellonyourback to deduct from the security deposit any amounts due by me to Shellonyourback arising out of this agreement. The security deposit will be refunded directly to my payment card within 5 days after the return of the Campervan provided the vehicle being returned to the correct location, undamaged, with a clean interior and with a full fuel tank.
I acknowledge that there will be a 48-hour cooling off period on return of the vehicle allowing the owner (Shellonyourback) to make a thorough inspection inside and out having washed and removed all dirt and debris to allow for such inspection. Any damages found within this 48-hour period will be notified to the hirer by photo and deducted from the Security Deposit accordingly.
We reserve the right to retain up to a £75.00 soiling fee if the Campervan is not returned with the interior in a reasonable condition.
We reserve the right to retain a £20 fee if the waste- water tank is not emptied, for hires longer than 3 night duration.
We reserve the right to retain a £50 fee if the porta-potti is not emptied and cleaned prior to the return of the vehicle.

Pick up and return times will be agreed prior to rental in writing and signed for on your Vehicle Check Sheet/Rental Agreement documentation prior to departure with the following late charges applied for late returns:
30 to 60 minutes late: £50
Over 60 minutes late: £100
All transactions with Shellonyourback use Squareup.com who charge 2.5% for a credit/debit card payment for their services, which is non refundable both for the hire and the deposit.

6. Campervan Hire Extras

National Airport/Train Station transfer subject to availability (up to 4 people) Southampton/Southampton Airport: £30 each way. Other destinations -price on request.
Free Gas is included in the price of hire with cost of replacement of gas refunded if you need to re-fill it whilst on hire subject to you providing your receipt to Shell on Your Back. 
Extra item as outlined and agreed via invoicing prior to rental start date.

7. Cancellation Charges

Our standard travel and cancellation policy will apply to holidays taken from 1st April 2023. Please note that Shell on Your Back recommends that our customers take out their own travel insurance to cover for any illnesses (including COVID-19 illness and any self-isolation regulations imposed on the hirer) as well as medical cover whilst on hire.

Standard Travel Policy – Cancellation Charges for hires booked and/or taken from 1st April 2023

Customers wishing to cancel their reservation will:

Receive a full refund of their deposit if cancelled more than 6 weeks (42 nights) prior to rental start date, less a £30 administration fee
Receive 50% of the total hire charge if cancelled between 6 and 4 weeks prior to rental start date, less a £30 administration fee
Forfeit 100% of the total hire charge if cancelled less than 4 weeks before rental start date.
Receive a full 100% refund if the government in your area or country introduce non-essential travel restrictions in your country that mean you are unable to travel.

Shellonyourback reserves the right to cancel the hire if, at the commencement of hire, the Drivers’ licences are invalid or not according to the required conditions or if insurance is declined for any reason.

8. Rental and other charges

I will pay Shellonyourback:

All rental charges 42 days prior to rental, or within 48 hours of booking confirmation if rental is within 42 days.

The security deposit held on my card of choice made via secure booking via Squareup.com.
The nominated cancellation fee in the event of cancellation of this agreement prior to acceptance of delivery of the vehicle.
The cost of any damage to the vehicle or the property of any third party, subject to the insurance*
All government fees and duties etc
All parking fines, other fines or penalties, and/or accidents including third party property damage not reported on return of the vehicle; and associated administration costs incurred in relation to the vehicle during the rental period.

Any other fees or charges payable by me pursuant to this agreement. *
The daily rental rate for the period the vehicle is off fleet for accident repairs*
The cost to recover a vehicle which has become bogged*

*This cost is up to the insurance excess amount provided all Terms and Conditions are adhered to. If the insurance deems the insurance to be invalid due to inappropriate use of the vehicle and there has been a breach by the hirer of the terms of this agreement, then the hirer will be liable for all costs.

9. Payment of charges joint and several liability

All charges and expenses payable by me under this agreement are due on demand by Shellonyourback. If I do not pay all charges when due, I agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by Shellonyourback, including reasonable legal fees. 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.

10. Campervan Collection and return

Collection: Please allow up to 1 hour for the hand-over of the Campervan to complete documentation and demonstrate our vehicle to you.

Return: Please allow up to half an hour on the return of your vehicle to hand over and check the condition of the vehicle.  The vehicle must be returned with a full tank of fuel and returned in the same condition that it was rented to you.  The vehicle must be returned on the date stated on the rental agreement and before the stated return time agreed on your Vehicle Check Sheet or confirmed in writing by email/Instagram/Facebook messenger from Shellonyourback.  The hirer must advise Shellonyourback if they are delayed for any reason and additional charges may be charged at our discretion.

I acknowledge that having received the vehicle in a clean condition and in sound working order in accordance with the departure checklist and with a full fuel tank:

I will return the vehicle in a clean condition with a full fuel tank (Diesel) on the return date and time set out under the heading ‘Return time’ in the Vehicle Check Sheet/Rental Agreement.
I acknowledge that Shellonyourback will not refund to me any monies, nor have any obligation to provide a replacement vehicle, if the vehicle is returned or I cease to have the use of the vehicle prior to the return date for any reason e.g. accident, weather or theft.

11. Title to Vehicle

I acknowledge that Shellonyourback retains title to the vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge Shellonyourback credit in connection with the vehicle and agree not to do so. I 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.

12. Use of the vehicle

I agree that during the rental period, I will not and will not allow the vehicle to be:

Driven otherwise than in a cautious, prudent and normal manner;
Used in a manner which could cause damage;

Driven in a prohibited area or in an area other than the areas indicated by me to Shellonyourback;
Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
Left with the ignition key in the vehicle while it is unoccupied
Driven by persons:

Under the age of 21 years; or 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 ‘driver details’ in the motor rental agreement.
Damaged by:
Submersion in water
Contact with salt water
Used for any illegal purpose for any race, rally or contest

Used to tow any vehicle or trailer.
Used to carry passengers or property for hire or reward
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
Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material
Otherwise used in breach of my obligations under this agreement.

13. Alterations to the vehicle

I shall not make any alterations or additions to the vehicle without the prior written consent of Shellonyourback.

14. Maintenance

I shall take all reasonable steps to properly maintain the vehicle, including oil checks, water and batteries.

I acknowledge that Shellonyourback will reimburse me for expenditure reasonably incurred in rectifying any mechanical failure to the drivetrain and engine of the vehicle (not including the water system, refrigerator, heating, audio equipment) provided that:

I produce relevant receipts.
I have received the prior consent of Shellonyourback.
The damage is not due to my fault or my breach of this agreement.

Subject to the terms of this agreement, I will pay for the cost of repairing or replacing tyres* damaged during the rental period and agree to:

Contact Shellonyourback to notify them of damage to tyre asap.
Await confirmation from Shellonyourback re details on replacement of the tyre or tyre repair, and the location of the repair.
Replacement of tyre to be the same tyre brand and quality or like for like in quality if the brand is not available.
Pay the full costs of repair or replacement directly to the garage or be liable for all costs of replacement

I will be liable for any costs associated with the incorrect use of fuel (fuel being diesel or petrol.)

15. Responsibility when accident occurs

In the event of any accident, loss or damage arising out of the use of the vehicle:

I will notify Shellonyourback immediately of the happening of the event. I will call them but if contact cannot be made then I will email them to notify them of damages and await for a response before leaving the place of the accident
I will obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station
I will not make any admission of liability to other parties; settlement offer or other like offer

I will assist Shellonyourback in handling any claim arising from any event, including providing all relevant information and attending court to give evidence
I acknowledge that the excess or other amount due by me 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.
I 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. The cost of change over is dependent on the mileage from Shellonyourback and time taken to deliver replacement vehicle and is at the discretion of Shellonyourback

16. Insurance

Shellonyourback recommends that our customers take out their own travel insurance to cover for any illnesses (including COVID-19 illness and any self-isolation regulations imposed on the hirer) as well as medical cover whilst on hire.
I agree that the vehicle is insured for fully comprehensive insurance for damage to the vehicle and the property and medical costs of a third party less the excess set by the insurers.  (Please note that our insurance does not cover medical cover for our hirers; it only covers damages to our vehicle.)
I will have to pay an excess for any damage. The insurance excess is £500-£1000 dependant on age as outlined above and as agreed and paid through our security deposit – or another amount requested and agreed by Shellonyourback insurers for customers.  In some cases, Shellonyourback will incur additional charges on the excess if the driver to be insured has a traffic conviction; is in an occupation which is deemed high risk; or has a licence from a country not covered by our standard excess. These charges will be agreed with the customers at point of booking upon receiving the completed Driver Information/following discussions. 
The security deposit is paid to cover the insurance excess and will be set against the cost for any damage to the vehicle.  Our customers are liable up to the value of the security deposit paid for the insurances excess.
Please note that resolution of damage issues is time consuming to resolve and we reserve the right to charge an administration fee in addition to the repair cost.

I will not have any insurance cover and I will be responsible for the total cost of any damage if I am in breach of any of the terms of this agreement or have misled Shellonyourback or provided incorrect information at the time of booking.
An excess is applied for windscreen damage according to our insurer’s terms and will be taken off the hirer’s security deposit:
£35 for chip to a windscreen
£180 being applied for full replacement of the windscreen
The customer will be responsible for damages to tyres/wheels and the cost of repair or replacement will come off the security deposit.

17. Release and indemnity of Shell on Your Back

Subject to its obligation to deliver the vehicle, I release Shellonyourback, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this agreement, including but not limited to:

Any loss or damage caused by breakdown, mechanical defect, accident or the vehicle being unsuitable for my purpose
Any loss or damage to any property left in or on the vehicle, in any service vehicle or on any Shellonyourback premises or recovered or handled by Shellonyourback.

Subject to any insurance arrangements agreed with Shellonyourback, I hereby indemnify and shall keep indemnified Shellonyourback, 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.
Instances beyond Shellonyourback control that means they cannot release the vehicle to me due to a prior accident or fault with the vehicle. In this instance, Shellonyourback will endeavour to find a replacement vehicle or give a full refund of the price of hire to the customer.

18. Road restrictions

All vehicles may only be driven on sealed / bitumen roads apart from parking/manoeuvring around designated areas designated for camping.
I acknowledge that Shellonyourback 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. Pets

I will not allow any animals to be carried in the vehicle without the prior consent of Shellonyourback.
I will not allow any animals on the upper bunk in the vehicle.
I acknowledge that Shellonyourback reserves the right to charge me an additional cleaning fee if reasonable efforts to clean the campervan of pet hair and dirt have not been made.

20.  Definitions of terms and conditions

Definitions of terms and conditions ‘i’,\’me’ and ‘my’ refers jointly and severally to the person or persons who are the customers; ‘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 Shellonyourback literature, the provisions of these terms and conditions apply.
Shellonyourback – ‘Means Shell on Your Back owned by Andrew Richardson, of Locks Heath, Fareham’
‘customer’ -Means the person or persons nominated as the hirer under the heading ‘hire details’ on the insurance motor rental agreement and any person whose credit card is presented in payment of the customer’s charges.
‘living equipment’ – Includes but is not limited to tv/dvd player, cd player, crockery, cutlery, cooking utensils.
‘over head damage’ – All drivers must be aware of the (unusual) height of the motorhome and are responsible for all damage if driven under an obstruction that is too low for it to clear – the obvious examples are low bridges and height restrictions into car parks etc. In this event neither the basic insurance nor collision damage waiver will apply and the hirer will be responsible for the repair of all damages. Overhead damage is deemed as any damage to any part of the vehicle which occurs above 6 feet (1.83 metres) and or any third party property. The hire rate quoted includes a standard excess between £500-£1000 or other amount as agreed by our insurers for licenses out with UK and EU. In the event of any damage to either the vehicle or third party property, the hirer will be liable up to the full amount of the security deposit paid. The hirer will also be fully liable for all overhead damage, any damaged deemed as gross negligence and replacement or repair of windows and windscreens or tyre/wheel damage.

‘rental period’ – Means the hire period referred to under the heading ‘booking details’ 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 described under the heading ‘vehicle details’ on the rental agreement and includes tyres, tools, accessories, the living equipment and any other special equipment, documents related to the vehicle and any replacement or substitute vehicle which may be provided at the discretion of Shellonyourback.
‘security deposit’ – Means the vehicle security deposit detailed under the heading ‘vehicle security deposit’ in the insurance motor rental agreement. The hire rate quoted includes a standard excess of £500 - £1000 or other amount as agreed by our insurers for licenses out with UK and EU.

21. Terminating the agreement

I acknowledge that Shellonyourback may terminate this agreement and repossess the vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the vehicle, including towing charges if;

I am in breach of any term of this agreement
I have obtained the vehicle through fraud or misrepresentation
The vehicle appears to be abandoned
The vehicle is not returned on the agreed return date or Shellonyourback reasonably believes that the vehicle will not be returned on the agreed return date

Shellonyourback considers on reasonable grounds, that the safety of passengers or the condition of the vehicle is endangered. I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges or the security deposit.

22. Changes

Any changes to this agreement must be in writing and must be signed on behalf of Shellonyourback and by the hirer.

23. Proper law

This agreement shall be governed by the law of England and Wales in which this agreement was signed.

24. My warranties

I warrant that all information supplied by me to Shellonyourback in connection with this agreement is true and will update of any changes to my circumstances prior to rental.

25. 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. Shell on Your Back reserves the right to amend any rental charges within a reasonable notice period of your hire (nominally 42 days)

I acknowledge all the details I have given are to the best of my knowledge, truthful and accurate and I agree to be bound by Shell on Your Back’s Term and Conditions and I have read the T&C’s as published.