Terms & Conditions – Motorbike

In these terms and conditions “Open Road Scotland” means Open Road Motorhomes Ltd, a company registered in Scotland with company number SC 335 086 and having its registered office at Unit 12 Airlink Industrial Estate, Inchinnan Road, Paisley, PA3 2RS, and “Hirer” means the person or persons who hire a Motorcycle from Open Road Scotland under these terms and conditions of rental.

Booking and Payment

Where a booking is made using our online booking system, the hirer will receive a system generated booking summary to the email address which they have provided. This email summary does not constitute a contract between the hirer and Open Road Scotland. A contract will only be binding when a subsequent confirmation letter is sent by Open Road Scotland to the hirer via email or by post.

To secure the rental of a Motorcycle (the “Vehicle”) for a requested rental period, a deposit of twenty five (25) percent of the total rental cost must be paid after confirmation of availability.

Four (4) weeks prior to the commencement of the rental period, the remaining balance must be paid. Where bookings are made within four (4) weeks of commencement of the rental period, the full rental price must be paid at the time of booking.

The Vehicle will not be released before payment and receipt by Open Road Scotland of the full rental cost.

Payment can be made be credit card / debit card / cheque / bank transfer.

Security Deposit

On renting the Vehicle a one thousand pound (£1000) security deposit is required to be paid by credit card, debit card or cash. Should the security deposit be paid by credit card, the amount will be debited from your account immediately. This is fully refundable within seven (7) days of return of the vehicle to the agreed location, on the agreed date and time, subject to these terms and conditions including but not limited to the return of the Vehicle in the same condition as it was let out.

Drivers and Insurance

Provided that the Vehicle is operated in accordance with these terms and conditions of rental the Hirer shall be insured at no additional cost under the Open Road Scotland’s motor vehicle insurance policy (the “Policy”). A copy of the Policy is available for inspection on request at the offices of Open Road Scotland. The Policy provides fully comprehensive vehicle cover in the United Kingdom.

The Policy does not provide insurance cover for any vehicle hired or driven by:-

Persons under twenty five (25) or over seventy (70) years of age unless otherwise agreed by the Policy insurer;

Persons aged twenty five (25) or over unless a full driving licence valid in the United Kingdom has been held for at least twenty four (24) months;

Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and / or have had their driving licence endorsed or suspended or penalty points imposed. (Parking and not more than 2 speeding offences in the past 3 years may be ignored and ‘Spent’ convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded);

Unless previously agreed with the Insurer and Open Road Scotland the Vehicle will not be let out on hire or driven by any persons engaged in the following occupations:

  1. Food delivery services
  2. Bookmakers, turf accountants, gambling industry including amusement arcade, fruit machine, casino or club employees
  3. Entertainment and related industries including fairground employees
  4. Professional sports persons
  5. Professional models
  6. Publicans or persons working in the licensed trade
  7. Street and market traders
  8. Diplomatic personnel
  9. Couriers or messengers

Together referred to as “Prohibited Persons”.

No Vehicle may be rented by or driven by a Prohibited Person. In the event of any breach of this term (whether or not fraudulently or negligently) or any other default on the part of the Hirer or other driver which results in Open Road Scotland being prevented or restricted from recovering in full under the Policy, the Hirer hereby indemnifies Open Road Scotland against any and all third party claims and losses in respect of the Vehicle including total loss and loss of use.

The Policy does not provide cover for loss of or damage to property or goods of the Hirer.

The Policy does not cover the Vehicle for use outside the United Kingdom.

It may be necessary for referral to be made to the Policy insurers at the time of reservation to ensure that any endorsements meet with their criteria. All previous motoring convictions are to be disclosed to Open Road Scotland at the time of hiring. The Hirer acknowledges and agrees that this is a fundamental term of hire.

Each Hirer and any proposed driver individually has to complete the Policy insurer’s proposal form in the presence of a representative of Open Road Scotland and has to be accepted by the Policy insurer and Open Road Scotland as suitable to drive the Vehicle.

Two (2) proofs of identity must be produced on renting the Vehicle and it is a strict requirement of the Policy insurer that digital photographs of the Hirer and any additional drivers are taken at the time the Vehicle is rented.

Excess

The Hirer is responsible for payment of the first one thousand pounds (£1000) of any insurance claim (the “Excess”).

The Hirer will, however, be fully liable for replacement or repair to equipment, fixtures and fittings, tyres or negligent damage to the vehicle.

Use of Vehicle

The Hirer must not take the Vehicle outside the mainland of Scotland, England and Wales without the written consent of Open Road Scotland. Hirers should note that foreign travel vehicle insurance is compulsory if the Vehicle is to be taken outside the United Kingdom and this has to be proposed to Open Road Scotland’s insurers at the time of reservation.

The Hirer must ensure that the Vehicle and its contents are used in a proper and careful manner for social and domestic purposes. In particular, the Vehicle is not to be used for or in conjunction with any race, competition or trial; for towing; for the carriage of goods or passengers; for hire or reward, or any other form of profit or remuneration; or for the carriage of goods of an explosive or hazardous nature. The vehicle is not to be driven off road.

The Hirer is required to keep the Vehicle under his/her control throughout the Vehicle rental period. The Hirer undertakes to keep the Vehicle locked at all times when unattended and to refrain from any action or omission which may prejudice the rights of Open Road Scotland to the Vehicle.

Title

The Vehicle and its contents are to remain the property of Open Road Scotland at all times and the Hirer shall not sublet, assign, loan, pledge or grant lien over the Vehicle or its contents.

Mileage

Inclusive mileage of 200 miles per day is included in the rental cost. A nominal charge of £0.20 per mile will be payable for any mileage in excess of the inclusive miles.

Cancellation

In the event of cancellation of a reservation or booking by the Hirer, the following charges will apply: Less than four (4) weeks notice 100% of rental cost;

Four (4) to six (6) weeks notice 50% of rental cost;

More than six (6) weeks notice an amount equal to the booking deposit;

We will use all reasonable endeavours to re-hire the Vehicle to alternative hirers and if successful we may be able to reduce the above charges.

Open Road Scotland reserves the right to cancel a planned hire if the nominated drivers’ licenses are invalid or not in accordance with the applicable terms of the insurance Policy, or these terms and conditions during the Vehicle rental period. In such circumstances all sums paid to Open Road Scotland, except the security deposit, will be forfeited to us.

Availability

Open Road Scotland will use all reasonable endeavours to ensure that the Vehicle that you have booked is available at the agreed date and time. Occasionally, Motorcycles are returned damaged and if the damage is too great for us to repair on time we may need to offer a substitute Motorcycle. If this is not acceptable to you, or no other Motorcycle is available, then we will refund all sums that you have paid. The liability of Open Road Scotland will be limited to the refund of monies paid and the Hirer will have no further claims against Open Road Scotland.

Fuel, Oil, Gas and Tyres

The vehicle shall be supplied with a full tank of fuel and must be returned with a full tank of fuel. Failure to do so will result in the cost of filling the tank plus an additional charge of £30 being deducted from the security deposit. The engine oil, water levels, and tyre pressures, must be checked by the Hirer at least once a week during the Vehicle rental period. Damage to the tyres, no matter the cause, will be charged to the Hirer on return.

Collection and Return

Unless specifically agreed with Open Road Scotland, the Vehicle is normally available for collection from 2pm onwards on day of hire and return is by 10am on last day of hire.

The Hirer acknowledges delivery of the Vehicle free from any defects or damage other than those as specified on the inventory sheet agreed at the date of commencement of the Vehicle rental. Subject to these terms and conditions the Vehicle and its contents must be returned in the same condition as they were received at the commencement of the Vehicle rental by ten thirty (10:00) a.m. on the final day of the Vehicle rental period. The Vehicle must be returned clean and undamaged, otherwise Open Road Scotland reserve the right to apply charges as detailed within these terms and conditions. Collections and returns out with the times stated above must be agreed with Open Road Scotland by prior arrangement.

Any extensions to the Vehicle rental period must be notified to Open Road Scotland immediately. Failure to do so will mean that the Vehicle is being driven uninsured and illegally. Hirers are advised that failure to return the Vehicle on time may result in criminal and civil proceedings. Failure to return the Vehicle on the agreed date and time will incur a charge of one hundred and fifty pounds (£150) per day or part day, plus the daily Vehicle rental rate. Your cooperation in this matter is much appreciated and is essential to ensure that the Vehicle is ready and available for the next hire.

Cleaning

The Vehicle must be returned clean and in the same condition that they left the depot.

Breakdown and Accidents

In the event of a breakdown or accident, the Hirer may contact the Roadside Assistance number provided using the contact and information detailed amongst the Vehicle rental documents. The Hirer may give permission for repairs or replacement of parts at a cost up to one hundred pounds £100. Open Road Scotland’s approval must be obtained in respect of repairs or replacement of parts at a cost in excess of one hundred pounds (£100). The money will be refunded on production of a valid receipt. Open Road Scotland is not responsible or liable for any consequential loss or expense subsequent to a breakdown or accident, although a refund of each day’s hire charge will be refunded for each full day’s loss of use of the Vehicle due to breakdown.

In the event of an accident involving the Vehicle:-

The accident must be reported immediately by telephone to the number provided at the point of hire;

A complete accident report must be made out and handed to Open Road Scotland on return of the vehicle, including a sketch of the accident where possible;

Police should be notified immediately if there is property damage or people are injured;

All accidents and damage must be reported to Open Road Scotland as soon as possible by calling the contact number provided at the point of hire;

Names, addresses, insurance details and vehicle information of all third parties must be obtained at the time of the accident and best endeavours must be made to obtain the names and addresses of any witnesses;

The Hirer should not admit guilt or liability;

The Hirer must not abandon the Vehicle without taking adequate steps to prevent further damage, loss or contravention of traffic regulations or the law of Scotland.

Every effort is made to ensure that the Vehicle is in a safe and roadworthy condition before it leaves the premises, but Open Road Scotland shall be under no liability for third party claims or damages arising in connection with, or as a consequence of, any breakdown or accident.

Penalties, Fines and charges

All fines incurred by the Hirer or other driver for the infringement of traffic laws or regulations shall be the liability of the Hirer or other driver and must be paid in full on receipt of any notice of penalty, fine or charge. Open Road Scotland will not be responsible for any such liabilities. If Open Road Scotland do receive any notices in respect of penalty, fines or charges including but not limited to fines and penalties for speeding, parking fines and congestion charges then an administration fee of twenty five pounds (£25.00) will be added to the penalty, fine or charge to cover administration and postage costs incurred to redirect such penalty notices, fines or charges.

Limitation of Liabilities

We accept no liability for replacement vehicle costs, travel or accommodation costs or any other consequential loss claims arising from the breakdown of the Vehicle, fair wear and tear excepted, or any accident or other such related causes. Open Road Scotland shall not be liable for any costs and expenses incurred for speeding, parking fines, congestion charges and for any other offences committed against the Road Traffic Act or traffic regulations or otherwise.

The Hirer shall be solely responsible for the costs of repair and or replacement as necessary in relation to damage to tyres and punctures.

Car Parking

Car parking (at the risk of the Hirer) is offered free of charge to the Hirer at the premises of Open Road Scotland for the duration of the Vehicle rental period.

Other Terms

Open Road Scotland reserves the right to vary rates, conditions and specification without notice. Open Road Scotland also reserves the right to refuse hire to any person. 

No failure or delay by Open Road Scotland in exercising any right, power or privilege under these terms and conditions shall operate as a waiver nor shall any single or partial exercise preclude any further exercise of any right, power or privilege under these terms and conditions or otherwise. If any provision of these terms and conditions shall be found by any court of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other part of that provision or the other provisions of these terms and conditions which shall remain in full force and effect.

The interpretation of these terms and conditions and all rental agreements entered incorporating these terms and conditions shall be governed by and construed in accordance with the law of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.

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