PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS PLEASE CONTACT US
Telephone: 01287 640286 Mobile: 07530 239432

For printable version please click here.

1. We recommend that you print and retain a copy of these terms for your reference.

2. We are A19 Horsebox Hire of Lane Head Farm, Liverton, Saltburn-by-Sea, TS13 4TH. These terms shall apply to the self-drive horsebox hire, and / or all other services we supply to you (the Hirer).

2(a) No Contract shall exist between you and A19 Horsebox Hire for the self-drive horsebox hire, and / or any other services until we have accepted your order.

2(b) We shall send written confirmation, by post, email, or fax to the mailing address, email address, or fax number you have given. Upon 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.

2(c) It is your responsibility to us to ensure the accuracy of any order submitted by you, including verification that and for affording us all 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 fulfil the Contract in accordance with its terms.

2(d) The Contract shall be subject to your right of cancellation.

2(e) We shall have the right to change these terms without notice to you in relation to any future hire provided that we notify you of any such changes a reasonable time prior to any further hire by you.

3. Description and price of the self-drive horsebox hire, and / or all other services.

3(a) The description and price of the hire services that you order shall be as shown in our quotation provided to you at the time your order is placed.

3(b) The horsebox is subject to availability at the time of your order. If, after acceptance of your order, the horsebox you have ordered is not available, we shall inform you immediately and make a full refund of all monies paid by you up to the date of cancellation.

3(c) We shall make every effort to ensure that prices shown in our quotation are accurate at the time your order is placed. However, if an error is found, we shall inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel, we shall make a full refund of all monies paid by you up to the date of cancellation.

4. Payments

4(a) Payment for hire services shall be made in advance.

4(b) A deposit of £500 is payable at the time of your order. This deposit shall be in the form of a cheque, payable to A19 Horsebox Hire, which shall be retained and returned to you at the end of the hire period subject to the vehicle being returned undamaged.

4(c) All outstanding monies in respect of the price of the hire services shall become payable not less than seven days before the proposed commencement of hire. Unless we have already received the full outstanding payment from you in respect of the total price for the hire services, we shall cancel the proposed hire.

4(d) Please note that the horsebox shall not be made available to you until we have received and cleared all funds due and payable to us for the hire services.

4(e) If the payment of any fees by you is not made in accordance with these terms you shall be deemed to have requested the termination of the Contract and you hereby acknowledge that the horsebox reserved for you at the time of your order may be released by us for hire to any other customer.

5. Collection

5(a) Collection of the horsebox shall only be made by personal collection from our premises on the date agreed for the commencement of hire. Please note that accurate collection and return times for the horsebox shall be provided by you on the Hire Booking Form. The horsebox shall be returned no later than 7pm on the day of the scheduled return, unless previously agreed in writing. Late returns shall incur a financial penalty as detailed elsewhere in this Contract.

5(b) The hire shall commence on the date of collection of the horsebox and as stipulated on the Hire Booking Form. The horsebox may be collected between 8pm – 9pm on the day before your hire or after 9.30am on the day your hire commences but must still be returned by 7pm on the day of your hire is scheduled to end.

5(c) The Hire Booking Form shall specify the physical condition of the horsebox, including details of any existing damage and your requirements for its use. At the time of collection you shall be required to countersign the Hire Booking Form to confirm your acceptance of the condition. You shall be asked to confirm that you have read the form carefully and checked all inventories and other specifications before signing and thereby accepting the condition and application of the horsebox.

5(d) We shall use all reasonable endeavours to have the horsebox available for collection on the date and time agreed on the Hire Booking Form but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our control.

5(e) We shall use our reasonable endeavours to ensure that the horsebox is provided with a tank full of diesel fuel at the commencement of hire. Please return the horsebox with a full tank of fuel.

5(f) On the day of collection, and prior to the release of the horsebox, you shall be required to provide us with the following forms of identification (originals only – photocopies shall not be accepted) in respect of each proposed driver of the horsebox (a) driver(s) current driving licence photo-card and paper licence (b) UK passport or other photo ID (c) originals of two utility bills less than three months old showing current residential address. Please note that, notwithstanding payment of all sums owing to us in respect of the proposed hire, the horsebox shall not be made available to you until we are reasonably satisfied with your forms of identification and the horsebox shall not be released until all such documents have been produced in accordance with these terms. There shall be no exceptions to these stipulations.

6. Your right to cancel and terminate the Contract

6(a) You shall have the right to cancel the Contract at any time up to the end of seven working days from the date of confirmation of the order for hire. However you shall not be permitted to cancel the Contract once we have begun to perform the hire services for your agreement.

6(b) To exercise your right of cancellation you shall provide us with written notice of cancellation by post or email, giving details of the hire services ordered.

6(c) Once you have notified us that you are cancelling the Contract, we shall (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.

6(d) You may request the termination of the Contract at any time. Your request shall be in writing and sent to by post, fax, or email. No refund of fees for the hire services shall be due to you in the event of termination requests less than seven days before commencement of hire unless we are able to re-hire the horsebox on the intended dates of hire.

7. Our promise to you

7(a) The hire services shall be performed by us ensuring all reasonable skill and care and to a standard of quality that is reasonable for you to expect.

7(b) We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written), misuse, alteration, or repair of the horsebox without our prior approval.

7(c) Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice from an appropriately qualified person.

7(d) If you have any complaints about the hire services, you should notify us in writing by post or email.

8. During the course and duration of this Contract we shall

8(a) Arrange for the provision of any roadside rescue (if required). You should at all times telephone Equestrian Rescue Services (ERS) directly, with whom we have a Contract, quoting our membership number. ERS telephone numbers and terms of conditions are permanently displayed in the horsebox.

8(b) Except where any repair or maintenance is required because of an accident or negligent use or abuse of the horsebox, the final cost of repair shall be assessed by an Independent Authorised Horsebox specialist whereupon we shall agree a settlement figure with you, up to a maximum of £500.00 being the excess figure as determined by our insurance company.

8(c) In the event that the horsebox becomes temporarily unroadworthy, after payment of hire charges but before commencement of hire, we shall inform you as soon as possible and refund your monies in full.

9. Your obligations to us

9(a) You shall obtain and ensure the adequacy and accuracy of all necessary qualifications, registrations, memberships, permissions, and licences and conform to all relevant rules and regulations as may be required for you to drive and otherwise use the horsebox. Please note that if you passed your driving test after 1st January 1997 you may be restricted as to the size of the horsebox you may legally drive. You should ensure that you have checked all such restrictions with the appropriate authorities before entering into this Contract.

9(b) All drivers of the horsebox that you have notified us of, and have been approved by us on the Hire Booking Form, must be between the ages of 25 and 70 years and must have held a full UK or EC driving licence for a period of at least three years prior to the proposed date of commencement of hire. Drivers who are UK citizens must have had at least one year of recent regular vehicle driving experience. Non-British Subjects must have had at least three years of recent regular vehicle driving experience in the UK.

9(c) Drivers must not have any mental or physical infirmity, unless such a condition has been declared to and accepted by the DVLA, nor have had any insurance declined, cancelled, renewal refused, or special terms imposed, and have had no more than one driving accident in the last three years.

9(d) Foreign Service Personnel, Armed Forces, Entertainers, Students under 25 years of age, Professional Sportsmen and Sportswomen, Jockeys and other persons connected with horse-racing are specifically excluded from hiring the horsebox. These are stipulations made by our insurers.

9(e) You shall during the continuance of this Contract:

• Ensure that the horsebox is driven or otherwise operated and used in a safe and proper manner and for the purposes for which it was designed and without risk to health by persons who at all times hold valid and current driving licences in the appropriate classes
• Pay for all diesel fuel for the proper running of the horsebox and do not let the vehicle run low on fuel (there should be no less than a quarter of a tank of fuel at all times)
• Indemnify us against all fines, penalties, and liabilities payable by us by virtue of your hire and / or use of the horsebox or arising in respect of any non-compliance or contravention of any transport, traffic, or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the horsebox
• Not take, or allow the horsebox to be taken, out of England, Wales or Scotland without receiving our prior written authority and, in the event of that authority being given, only on the terms we indicate
• Collect from and return to us, or from and to such place as we shall advise, the horsebox as has been made available to you in accordance with these terms
• Not sell, assign, mortgage, lend, let on hire, or otherwise dispose of or part with possession of the horsebox or part thereof, nor attempt or purport to do so
• Not remove or interfere with any identification marks or plates affixed to the horsebox
• Take all necessary steps at your expense to retain and recover possession and control of the horsebox should you lose possession or control
• Permit us, or our authorised representatives, at all reasonable times to enter upon the premises where the horsebox may from time to time be garaged or parked to inspect or test the condition of the horsebox and to ensure that you are complying and have complied with your obligations as herein provided
• Notify us immediately of any change in your residential address
• In respect of the condition and maintenance of the horsebox, be solely responsible for ensuring that:
  - all fluid levels are checked and adjusted as necessary
  - the exterior and interior of the horsebox are kept clean
  - you notify us immediately of any damage
  - the horsebox are not used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law
  - you use all partitions and such other equipment for the sole transportation of equine animals and not transport any equine animals unless they have been properly secured
  - no hazardous, explosive, or dangerous goods are transported in the horsebox
  - you do not carry more persons or equine animals than is recommended by the horsebox manufacturers (as provided for or referred to in the Hire Booking Form) and you at all times comply with all load and weight restrictions as may apply from time to time in using the horsebox and not overload the horsebox or permit the horsebox to be overloaded (note the maximum payload is two horses with a combined weight of 700 kilos)
  - you do not deface, or cause to be defaced, the paintwork, body, and coachwork of the horsebox
  - you do not fit towing equipment or other accessories or carry out any alteration or modification to the horsebox nor alter except by way of suitable replacement, any parts or part of it, mechanical or otherwise or any of its accessories, without our prior written consent
  - you bear the cost of the repair or rectification of any damage to the horsebox resulting from negligence or improper use of the horsebox by you or any person who has used the horsebox during the hire Contract, up to a maximum of £500.00 (being the excess stipulated by our insurers)
  - you keep the horsebox in good repair and condition, fair wear and tear excepted and where such expression is to have its ordinary and natural meaning, but does not include:
  -- bodywork: dents or scratches
  -- upholstery: stains, burns or tears in seats, headlining or carpets
  -- mechanical: ramps, partitions, engine, gearbox, clutch, axles, suspension, steering, and brakes not being in good working order
  -- electrical: lighting and all equipment not being in good working order
  -- tyres: uneven wear of tyres, slits in tyre walls

9(f) You shall immediately give notice to us of any loss or damage to the horsebox.

9(g) You shall indemnify us against all damage and neglect (whether caused by animals or otherwise) to the horsebox or its contents arising from the breach of your obligations under these terms (including your failure to return the horsebox and any of its contents and accessories in good clean order and working condition) and you hereby authorise us to charge such costs and expense against your debit or credit card.

9(h) Please note that there is a £50 surcharge in respect of any failure to return both the living / cab area of the horsebox and the horse area of the horsebox in good clean condition.

9(i) You shall keep the horsebox adequately secured at all times.

9(j) You shall be responsible for complying with any local legislation or regulations governing the use of the horsebox .

9(k) All equine animals to be carried in the horsebox must be approved by us prior to the commencement of hire.

9(l) Please note that smoking is strictly prohibited in any part of the horsebox.

9(m) Dogs and other pets are not allowed in the horsebox .

9(n) The horsebox shall not be driven by you for more miles than provided for on the Hire Booking Form (maximum 450 miles per day). Breaches of this obligation shall result in an additional charge at the rate of 20 pence per mile to be made on return of the horsebox.

9(o) You shall not remove any items or fittings from the horsebox.

9(p) For the avoidance of doubt, all equine animals transported by the horsebox shall be carried at your risk and you should have appropriate insurance cover in place. Each equine animal transported should have its own insurance and evidence of this, plus an up-to-date passport, shall be produced upon request at the time of the hire.

10. Default

10(a) We may, upon any breach by you of any of the provisions of this Contract, by notice in writing, terminate this Contract and, upon that happening, this Contract and the hiring constituted by it shall determine and you shall no longer be in possession of the horsebox with our consent and thereby subject to our right to take possession of the horsebox and to recover from you our recoverable losses and to any pre-existing liabilities to us, neither party shall have any rights against the other.

10(b) Any expenses incurred by us in repossessing the horsebox, or in recovering possession of the horsebox, on default of delivery by you under the terms of this Contract, shall be reimbursed by you to us on demand.

11. Ownership

11(a) The horsebox shall at all times remain the property of A19 Horsebox Hire and you shall have no rights to the horsebox other than as hirer and you shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the horsebox are or may be prejudicially affected.

12. Return of the horsebox

12(a) On termination of the hire, howsoever 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 all equipment, tyres, tools, handbooks, and all other accessories) to us at our premises in good clean order and working condition and at your expense and risk.

12(b) Unless we otherwise agree in writing, the return of the horsebox shall be made by you to our premises on or before the date agreed for the expiry of hire as provided for on the Hire Booking Form.

12(c) Please ensure that you return the horsebox on or before the date and time as provided for in the Hire Booking Form 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.

12(d) In the event that you do not return the horsebox on time and in accordance with these terms:

• A penalty payment of £50 shall immediately become payable to us for each hour between the agreed expiry of the hire and the time of return of the horsebox (subject to a maximum daily penalty charge of £150)
• 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

12(e) No refunds or other discounts shall be given where the horsebox is returned early.

12(f) It is your responsibility to ensure that your horse / pony will box. If your horse / pony does not load and the horsebox is returned early, there shall be no refund.

13. Insurance

13(a) We shall insure and keep the horsebox insured under a fully comprehensive policy against loss or damage to its full replacement value, with an excess of £500, for the period of your hire.

13(b) Only those persons named as drivers in the Hire Booking Form shall be permitted to drive the horsebox.

13(c) All sections of the Hirer Insurance Questionnaire (see download link on our "Prices" Page) shall be completed and returned with the Hire Booking Form.

13(d) Use of the horsebox beyond the agreed period of hire is not covered by the above insurance policy and you hereby agree to indemnify us against all claims, liability, damages, losses, costs, and expenses including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising from your failure to return the horsebox on time and in accordance with these terms.

13(e) 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 equine animals and such other animals that we consent to being carried in the horsebox and the transportation of the same) under an appropriate insurance policy with suitable cover and with a reputable insurer. Such insurance should include cover against the risk of loss or damage by fire, theft, accident, and other risks including third party risks as are normally insured against in this respect.

13(f) We shall not be responsible to you for any loss or damage to personal goods or possessions, equine animals, and other animals and you hereby agree to indemnify us against any loss, damage, or injury to the horsebox, and any contents, except for any caused by our own negligence, insofar as it is not covered by a insurance policy. As stated elsewhere in this Contract, the insurance policy maintained by us in respect of the horsebox is subject to a £500 excess and you hereby authorise us to charge all sums not covered by a policy of insurance to you.

13(g) You shall not use or allow the horsebox to be used for any purpose not permitted by the terms of the above policies of insurance or do or allow to be done any act or thing whereby such insurance may be invalidated.

13(h) In case of accident(s):
You shall, in the event of an accident that results in damage to the horsebox, ensure that:

• You shall immediately notify us with full details of the accident.
• The driver of the vehicle shall complete all sections of the Accident Report Form (see download link on our "Prices" Page) and deliver this to us within 24 hours of the accident.
• No admission of liability shall be made to any person in relation to such an accident.
• Any writ or summons or other document relating to any proceedings arising out of such accident shall be forthwith delivered to us.
• All assistance shall be rendered, to us and our insurers, to the conduct of such proceedings including without prejudice to the generality of the foregoing committing such proceedings to be brought by us in the name of you and defending any proceedings brought against us.
• You shall forthwith upon demand fully and effectually indemnify us against all losses, liabilities, costs, actions, claims, or demands that we may incur or have brought or made against us in relation to the horsebox or its use and which are not recoverable under the policy of insurance.
• The names and addresses of all witnesses thereto are collected and given to us.

14. Overseas travel

14(a) We do not allow overseas travel. Use of the horsebox shall be strictly limited to England, Wales, and Scotland.

15. Our liability to you

15(a) We make no promises, whether express or implied, in relation to the accuracy of information supplied by us and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.

15(b) Nothing in these terms shall restrict our liability to you for:

• Death or personal injury caused by our negligence
• Liability for defective products under the Consumer Protection Act 1987
• Fraudulent misrepresentation

15(c) In no event shall we be liable to you for any damages, including any lost profits or prize funds, lost savings, loss of data, or any indirect, special, incidental, or consequential damages arising out of the hire services, even if we have been advised of the possibility of such damages.

15(d) Our liability in respect of damage to your tangible property resulting from our negligence shall be limited to the sum for which we carry comprehensive insurance cover.

15(e) We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or in any failure to perform, any of our obligations in relation to the hire services if the delay or failure was due to your breach of these terms or any cause beyond our reasonable control. Matters beyond our reasonable control may include but are not limited to:

• Your failure to provide us with payment when properly due in respect of the hire services in accordance with these terms
• Your failure to have valid and appropriate licence consents, permissions, memberships, and any other qualifications required for the use of the horsebox
• You providing us with incorrect or incomplete information

15(f) We shall not be liable to you for any additional and / or consequential losses, expenses, or costs incurred as a result of your agreeing to accept a replacement vehicle and / or horsebox in accordance with these terms.

15(g) You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the hire services on an economic basis without such limitations.

16. Data Protection

16(a) We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 to ensure that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorised access to information supplied by you.

16(b) We shall only use the information you provide about yourself for the purpose of fulfilling your order. We will not sell or otherwise offer your personal details for the purpose of marketing. You can correct any information about you, or ask us for information about you to be deleted, by giving written notice to us by post, fax, or email.

16(c) A19 Horsebox Hire is not responsible in any way or form, including financially, for any driving offence that happens whilst you the hirer were driving / hiring the horsebox. Any offences that occurred whilst the hirer was hiring the horsebox and are later sent to A19 Horsebox Hire shall be forwarded to the hirer.

17. Assignment

17(a) We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms upon notification to you.

Should you have any questions concerning these terms please contact A19 Horsebox Hire in writing by post or email.

Trading Standards have been carrying out spot checks on horse transporters and private owners as they travel throughout Britain and have indicated their intention to impose fines of between £2,000 - £5,000 for any horse travelling without a passport.

We recommend that you carry your horse passports at all times when travelling. For the purpose of your ERS membership, we must advise that our national network of horse transporters could refuse to help recover your horse from a breakdown or accident if they are not travelling with their passports.

Your co-operation would be greatly appreciated.