Terms and Conditions:
Overview
These terms shall apply to the hire of the trailer that we, Ruby Red Transport supply to you, the Hirer. For the following conditions of hire, the person hiring the trailer shall be called the ‘Hirer’. All trailers are wholly owned by Ruby Red Transport, who shall be called the ‘Owner’. The trailer rented by the ‘Owner’ to the ‘Hirer’ shall be called the ‘Trailer’ which has been identified in this Rental Agreement. Prior to hire, a copy of the front and rear of the Hirer’s driving licence will need to be provided, along with evidence of the Hirer’s usual place of residence in the form of two of the following: Passport, utility bill, telephone bill, bank statement or credit card statement. The Hirer agrees to these documents being photocopied and retained by the Owner until the trailer is returned. For information on how the Owner handles private data, please see the Privacy Policy on our website.
Payment
Payment for hire can be made by either cash or bank transfer, or via booking on the website. We reserve the right to debit the cost of any loss or damages to the trailer or the supplied equipment whilst on hire, up to the full replacement cost stated on pages 3 & 4 of this agreement. The Hirer is required to pay the rental charge in full, prior to collection. This payment is non-refundable, aside from under exceptional circumstances explained below. A fully refundable security deposit of £200 is required and will be paid by the Hirer prior to collection of the trailer.
Trailer Security & Safety
The Hirer agrees to minimise the risk of damage to or loss of the trailer at all times by employing the most practical and diligent methods of security at all times during the hire period. The Hirer is responsible for the replacement costs to any item lost or damaged during the hire period. The Hirer as a condition precedent to liability, agrees that any security devices provided by the owner will be fitted when the trailer is not in use or unattended. If a wheel clamp is provided, the Hirer must fit it to a rear wheel. If a hitch lock is provided, the Hirer must fit it to the hitch/coupling. The Hirer must use the lockable hitch when not attached to a towing vehicle. The Hirer must be legally able to tow the trailer in accordance with the UK licensing laws. The Hirer agrees to load a single horse/pony or, in the case of two horses/ponies, the heaviest horse/pony in the off-side compartment to help counter the road’s camber.
Tow Vehicle Suitability & Trailer Use
The Hirer must ensure that the tow vehicle is suitable to tow the expected weight of a fully loaded horse trailer. The tow vehicle must be fitted with an EC type approved tow-bar, 50mm ball and a standard 12 volt, 7 or 13 pin electrical connection socket. The Hirer agrees to load the trailer within the manufacturer’s limits and to transport the trailer within the UK highway regulations. The Hirer shall not make any repairs or adjustments without permission and advice from the Owner. It is the Hirer’s responsibility to ensure that the Trailer is fitted with a legal number plate that matches the tow vehicle. This MUST be fitted before the Trailer leaves the Owner’s premises. Trailers are not to be written on, tampered with or have items stuck to them. The Owner reserves the right to charge any costs incurred removing any writing or stickers.
Trailer Inspection & Return
Prior to the Hirer accepting the trailer, a visual inspection must be carried out by the Hirer. Any marks or damages should be pointed out to the Owner and noted on the Trailer Inspection Sheet (TIS). One TIS will be completed by the Hirer in the presence of the Owner, prior to hire and one will be completed by the Owner in the presence of the Hirer, post-hire. Any damages found during the post-hire TIS that are not noted on the pre-hire TIS will be charged to the Hirer upon completion of the post-hire TIS.
The Hirer shall return the trailer at the agreed time and location. Any change must be agreed in advance with the Owner. In the event of a change to schedule instigated by the Hirer, the Owner reserves the right to make a reasonable surcharge if this causes a disruption. The Hirer shall return the trailer in the same clean condition. The Owner reserves the right to make a surcharge of £30.00 if the trailer is not clean both externally and internally to a reasonable standard. Any accessories that are loaned with the trailer should be returned in the way in which they were loaned. During the hire period, the Hirer must not load a horse/pony which exceeds the specified maximum height of the trailer. The Hirer must also adhere to the weight limit of the trailer and not exceed this. Weight and height maximums are covered on the Hire Agreement.
Insurance & Liability
It is the responsibility of the hirer to ensure that they are towing the trailer legally in accordance with the restrictions on their licence, towing vehicle and the towing vehicles insurance. The Hirer agrees that the valuation of the trailer includes the associated accessories & security devices. The Hirer is liable for the full cost of replacement or repair if the trailer is damaged, stolen, lost, impounded, or involved in an accident during the hire period.
It is the Hirer’s responsibility to either contact the motor insurance company of the towing vehicle, to inform them of the hire of the trailer and to seek adequate public liability cover and/or take up an adequate insurance policy for the use of the trailer. Ruby Red Transport is not endorsed by but recommends ‘The Insurance Emporium’ - (03300244005) for horse trailer hire insurance. The Hirer must provide an insurance certificate covering tow vehicle and trailer. For the purposes of obtaining insurance, the make, model, serial number and year of the trailer are in the hire agreement below.
Breakdown cover can also be obtained from the above company. Ruby Red Transport do hold a breakdown policy with ‘Equine Rescue Services’ which can be used by the Hirer. The Hirer’s use of this policy is authorised by Ruby Red Transport upon the Hirer acknowledging, accepting, and agreeing to, the Terms and Conditions of the policy, by signing below on the Trailer Hire Agreement. The Hire Agreement will not be completed by the Owner if this acknowledgement is not made. This is due to potential costs being incurred by using the policy if no other recovery is arranged by the Hirer. These costs are explained as follows; If the Hirer chooses to use the policy provided by Ruby Red Transport after having a road traffic collision, then the Hirer will be invoiced the cost of the recovery; only breakdowns are covered by the policy at no additional cost. This policy does not cover ‘human error’ breakdowns such as misfuelling, key loss or becoming bogged down. Under these circumstances, recovery will be called via Equine Rescue Services, however the Hirer will be invoiced the cost of recovery.
The responsibility and liability of the trailer and contents passes to the Hirer on the signing of the Hire Agreement and the trailer is then used entirely at the Hirer’s own risk. The Owner shall not be liable for any indirect or consequential loss arising out of or in connection with these conditions or their subject matter even if The Owner had notice of the possibility of such loss. The Hirer shall completely indemnify The Owner in respect of all claims by any person for injury to person or property caused by or in connection with or arising out of the use of the trailer. The Owner shall not be liable for death or any injuries caused to the Hirer or any third parties arising out of the use of the trailer during the hire period. The Owner shall not be liable for any consequential losses arising out of the use of the trailer. A trailer which is not returned by the end of the agreed hire period will be assumed to be stolen. This will be immediately reported to the police and Hirer’s documents will be passed to the relevant authority to assist with recovery and prosecution. The Hirer agrees to pay the Owner the full value of the trailer and associated devices if the trailer is stolen, lost, destroyed, confiscated, or not returned under any other circumstances. The full amount will become due at the end of the hire period. The Hirer will be liable to pay the Owner the ongoing weekly hire rate from then on until the full cost has been paid in full. The Hirer agrees to pay the Owner the full cost of any parts and repairs for any damage to the trailer. The parts and repairs will be sourced from and carried out by Ruby Red Transport or their approved partners. The Hirer shall be liable for any legal, court or other costs associated with the recovery of the trailer, the cost of the trailer or the cost of any parts and repairs as a consequence of the Hirer breaching these conditions of hire. The Owner reserves the right to cancel hire in the event of unforeseeable or uncontrollable circumstances such as theft, accident, or late delivery of the trailer. In this case the rental charge will be returned in full.
General
The trailer remains the property of the Owner at all times during the period of hire.
The Owner shall not be liable for any injuries, damage or death caused to the Hirer, any third parties or to any animals/goods/items transported, arising out of the use of the trailer during the hire period. The Owner shall not be liable for any consequential losses arising out of the use of the trailer. The trailer shall not be used for any application other than its intended purpose. The trailer shall not be transported outside of the UK mainland, unless permission has been granted by the owner. The Owner reserves the right to recall the trailer at any time during the hire period if there is evidence that the Hirer is in breach of these conditions, abusing the hire facility or if the trailer is in a situation of significant risk of loss, damage, or theft. The Hirer shall be liable for any costs incurred by the Owner. The Hirer understands that in the event of such termination or repossession, he/she/they have no right to a refund of any part of the rental charges or deposit. The Hirer must be over 18 years old. If your horse(s)/ponies will not fit in the box or refuses to load, we are not responsible and refunds will not be given. We will use all reasonable endeavours to have the trailer 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. These Terms and Conditions, together with the ‘Trailer Hire Agreement Contract’, ‘Trailer Inspection Sheets’ and the Equine Rescue Services Terms and Conditions represent the entire agreement between the parties in relation to its subject matter and supersedes all previous oral and written communication. No variation of these conditions shall be binding on the Owner unless made in writing and signed by an authorised signatory of both the Owner and the Hirer. The Hirer may not assign, sub-contract, sub-licence or otherwise transfer any of its rights or obligations under the Agreement without the Owner’s prior written consent signed by the authorised signatory. This agreement shall be construed in accordance with English Law & the English Courts shall have exclusive jurisdiction. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of this Agreement.
Cancellation
Hire Periods less than 7 Days: If cancelled within 48 hours of the commencement of hire, the hire fee initially paid will not be returned.
Hire Periods More than 14 Days: If cancelled within 4 Days of the commencement of hire, the hire fee initially paid will not be returned.
Additional Charges
· Late Return: If the trailer is returned later than the time specified then a surcharge of £55 will be incurred. This will be deducted from the deposit when returned. In some cases this may be levied if prior notice is given and/or it does not inconvenience other users.
· Late Payment: For any trailer hired on a repetition basis (i.e. monthly), payment for hire must be received by the owner on or before the commencement of the hire period. If payment is not received by this time a late payment fee of 10% of the monthly hire amount will be charged.
· Lost Keys: All trailers are supplied with keys for the relevant security features. Failure to return the keys at the end of the hire period will result in a charge for £30 per key
· Equipment Replacement: The following costs apply to the Hirer if the accessories provided are lost/ damaged or not returned; Hitchlock - £70, Wheel Clamp - £30.
· Trailer Value: £4000 – This is the value of the trailer pertinent to if the trailer is stolen, lost, destroyed, confiscated or not returned under any other circumstances.
· Clean Return: Trailers must be cleaned after-use otherwise a cleaning charge of £30 will apply.
These charges and conditions are acknowledged and accepted by the hirer by signing this agreement.
Trailer Inspection Sheet (TIS)
Prior to hire: The Hirer will verify that the trailer is adequate for the proposed use; That the trailer is compatible with the towing vehicle.
They will check the engagement of the coupling, safety features & wear limit indicators etc. The attachment of the Secondary Coupling / Breakaway cable; The attachment / function of the Electrical Connections, Lights etc.; The stowage of the jockey-wheel anti-vibration / locking features; The stowage of any accessories (spare wheel, ramps etc); The provision of a number plate.
The Hirer will sign below after the pre-hire inspection, which certifies they are satisfied with the condition of the trailer. As stated above, any marks or damages should be pointed out to the Owner and noted on the Trailer Inspection Sheet.
Post hire: A post-hire Trailer Inspection Sheet will be completed by the Owner upon the trailer’s return. Any damages that were not noted on the pre-hire Trailer Inspection Sheet will be charged to the Hirer and deducted from the deposit. Please note Ruby Red Transport maintain a strict ‘no smoking’ policy inside the trailer.
IMPORTANT
It is essential that the goods hired be returned to the Owner not later than the end of the period of hire, as stated on the rental agreement.
Hire trailers must be collected and returned between the opening hours within the company information page. The hirer must contact us between these hours if this is not possible. Trailers must be cleaned after-use otherwise a cleaning charge of £30 will apply. You will be charged for any damage including punctures and blowouts. Hire charges will continue to accrue until the trailer is signed off-hire. In the event of breakdown or similar incident, the Owner must be contacted at the earliest opportunity.
CHANGE IN TOWING LAW 2021.
THE NEW TOWING LAW HAS COME INTO FORCE. IT IS THE HIRERS RESPONSIBILITY TO ENSURE THEY HAVE RECEIVED THE CORRECT TRAINING TO TOW A TRAILER COMPETENTLY AND SAFELY AND TO FULLY FAMILIARISE THEMSELVES WITH TOWING LAWS AND REQUIREMENTS. WE WILL EXPECT YOU TO HITCH THE TRAILER UP ON ARRIVAL, IF WE FEEL YOU ARE NOT SAFE OR ADEQUATELY TRAINED TO TOW, WE RESERVE THE RIGHT TO CEASE THE HIRE, NO REFUNDS WILL BE MADE OF THE HIRE CHARGE. THE TRAILER IS THE HIRERS RESPONSIBILITY ONCE IT LEAVES THE PREMISES.
HORSE PASSPORTS.
UK LAW STATES THAT YOU MUST CARRY A HORSE/EQUINE PASSPORT WHEN TRANSPORTING A HORSE/PONY. A HORSE PASSPORT MUST BE KEPT WITH IT AT ALL TIMES. IT IS ILLEGAL TO TRAVEL A HORSE/PONY WITHOUT THEIR PASSPORT, UNLESS THEY ARE BEING TRANSPORTED FOR EMERGENCY VETERINARY TREATMENT. THE PASSPORT MUST BE PRODUCED WITHIN THREE HOURS OF IT BEING REQUESTED BY ENFORCEMENT AGENCIES.
Breakdown Cover Terms & Conditions: (provided by Equine Rescue Services)
General Terms
We are: Equine Rescue Services Ltd
Law and Jurisdiction: Your Equine Rescue Services Membership is governed by the laws of England.
We/Us/Our: The assistance service which is operated by Equine Rescue Services and by any authorised employees or agents operating on behalf of Equine Rescue Services.
Territorial Limits: The United Kingdom.
Breakdown: The sudden and unforeseen failure of the Eligible Vehicle, whilst in use, caused by mechanical or electrical defect, therein causing such vehicle to be immobilised.
The Service: Equine Rescue Services provides the following services:
• Call out and roadside assistance
• Horsebox and trailer recovery
• Emergency horse transport
• Overnight livery and accommodation for you and your groom
Assistance not covered by the terms of your membership will be provided but the Member will remain responsible for all charges resulting from the provision of such assistance, i.e. Veterinary Support, Farrier Referral and Slaughter/Carcass removal. We will bill you retrospectively for all costs including call-out, labour, replacement parts and other materials.
General Conditions
Vehicles and Breakdowns
1. Equine Rescue Services will arrange and pay reasonable costs for roadside assistance and/or recovery of the Eligible Vehicle. The cost of parts, tyres, oils and materials remain the responsibility of the member and will be charged retrospectively by Equine Rescue Services. You will not/cannot be charged at roadside.
2. The Eligible Vehicle must be kept in a roadworthy condition. They must be maintained in accordance with the manufacturer’s recommendations and must be serviced regularly. We retain the right to request proof of servicing.
3. An informed decision of either roadside repair or recovery will ultimately be made by the
Service Centre.
4. We retain the right to request proof that faults which have given rise to previous incidents during the current membership year have been rectified
5. We will take legal action against anyone who uses our services dishonestly.
6. Our employees and contractors will use reasonable skill and care when providing the service.
7. We will not be responsible for any consequential loss in connection with an incident, however it is caused.
8. Tyres must be maintained in accordance with the law and the manufacturer's servicing guidelines.
9. Following a tyre blow out, normally a new tyre will be fitted unless you specify that you require your own spare tyre to be fitted. However, there may be circumstances in which a new tyre must be fitted, e.g. for safety reasons such as on a motorway.
10. New tyres are charged out at a premium rate. You may also be charged for parts
associated with tyre replacement and disposal of used tyres. We recommend you carry a spare wheel and tyre.
11. The prices of parts/tyres that are given at roadside or on the phone by our staff or
contractors at the time of the breakdown are estimated prices only and cannot be guaranteed.
12. A garage/specialist undertaking work on your instruction, and which is not covered under
your membership, will be deemed to be acting as the agent for you. Equine Rescue Services will only pay for services provided by ourselves unless prior authority has been obtained.
13. All workshop labour is payable by the member.
14. Following a Road Traffic Collision, Fire, Theft, or external damage, ie wing mirrors, we will provide you with assistance but we will invoice you retrospectively. We may agree to invoice your insurance company directly.
15. Repairs carried out at the roadside are considered to be a temporary repair; a permanent
repair must be carried out as soon as possible.
16. If a prohibition notice has been issued on the vehicle, any assistance required, whether as a direct result of the prohibition order, or thereafter, will not be provided under this membership. Assistance can be provided at your expense and we will invoice you retrospectively.
17. Attendance at, or recovery from, trade premises, MOT or VOSA Test Stations is not
covered under this membership.
18. Breakdowns which are considered to have been caused by human error (e.g. adding incorrect fuel, running out of fuel, being bogged or ditched, loss of keys, keys locked in the vehicle and isolator not being used) are not covered under this membership. Assistance can be provided at your own expense and we will invoice you retrospectively.
19. If we are called out repeatedly for the same fault and you cannot provide proof that
sufficient action has been taken to rectify the fault, we retain the right to charge you the full cost of the repeat incident.
20. You will have to pay any toll, ferry fees, congestion and emission charges.
21. If your vehicle is recovered by us to our agents premises for storage we will pay storage fees for the first 24 hours only. Any charges thereafter will be chargeable.
22. Assistance for incidents caused by any wilful or negligent act by the Member is not provided, eg radio or lights left on, etc.
23. Assistance to vehicles immobilized, temporarily or otherwise by flood, snow, sand or mud is not covered by this membership.
24. You must take all ordinary and reasonable precautions to prevent or minimize any loss, damage or breakdown covered under this membership.
25. “At Home” service - Equine Rescue Services Ltd will cover the first 2 hours of labour at the registered address and reasonable costs to recover the eligible vehicle, if it cannot be repaired, to the nearest agreed repair facility. Labour in excess of 2 hours will be charged to the member retrospectively.
Horses
1. Equine Rescue Services will arrange and pay reasonable costs for the onward transportation of you and your horse(s) or pony(s), to a single destination of your choice.
2. We reserve the right to refuse to transport horse(s) or pony(s) if a valid horse passport is not being carried or that if in the opinion of our incident managers or contractors a horse or pony is unfit to be transported safely for whatever reason or if DEFRA have restricted the movement of horses at any given location at the time of the incident.
3. Your horse(s) or pony(s) are only eligible for onward travel if the registered vehicle they
are being carried in breaks down and cannot be repaired at the roadside within a reasonable time.
4. It is your responsibility to ensure that Equine Rescue Services, or its contractors, are aware
of any special requirements or instructions relating to the loading and transportation of your horse(s) or pony(s) prior to their movement.
5. In the unfortunate event that the member has been injured or hospitalized as a result of a
riding accident or road traffic accident and are unable to continue with their journey, Equine Rescue Services will arrange and pay reasonable costs for the transportation of your horses(s) or pony(s) to a single destination of your choice.
Conditions Specific to Equine Trailer Assist:
Equine Assistance - If the vehicle towing the Eligible Trailer or the Eligible Trailer is immobilised as a result of a breakdown and cannot be repaired at the roadside, we will arrange and pay for the following:
• Onward transport of your horse(s) or pony(s) to a one of destination of your choice; or
• If onward horse transport is not practicable we will recover your horse(s) or pony(s) from the immobilising incident to a local livery yard and provide overnight accommodation for your horse(s) or pony(s), you and your groom.