Terms & Conditions
Version dated 12th February 2024
Thank you for booking with Atlas Hire Drive. Please read the following terms and conditions carefully as they form the basis of your contract with us. We have written them as clearly and simply as possible, but if you have any questions you should ask us before committing to your booking.
- DEFINITIONS
1.1 ‘Driver(s)’ means only the person or persons named as the driver(s) on the booking form.
1.2 ‘You’ and ‘your’ means the driver together with all other persons named on the booking form (including anyone added or substituted at a later date) and any person whose credit card is presented for payment of the hire charges or security deposit.
1.3 ‘Atlas Hire Drive’ or ‘we’ or ‘us’ means Atlas Hire Drive Ltd registered in Scotland with company number SC396753.
1.4 ‘Hire period’ means the agreed rental period as defined on your booking confirmation email, hire agreement documentation, final invoice and any additional period during which the vehicle is in your possession or control.
1.5 ‘Vehicle’ means the vehicle hired by you and includes tyres, tools, accessories & all other equipment or documents or additional hire items related to the vehicle and any replacements or substitute vehicle that may be provided by us.
2 YOUR CONTRACT
2.1 Your contract is with Atlas Hire Drive Ltd. Your contract with us comes into existence when we send confirmation of your booking to you in written form by letter or email.
2.2 You should check the details of your confirmation email carefully to ensure that it reflects the booking you have requested and inform us immediately of any discrepancies, as it may not be possible to make changes later.
2.3 If you commit any breach of this agreement, we may treat the agreement as terminated. In this situation we will not be liable for any refunds, compensation or other losses or expenses, including any return or onward travel arrangements.
3 RATES & CONDITIONS
3.1 Prices and conditions quoted on our website or documentation are subject to change without notice.
3.2 All prices are quoted in UK pounds sterling and include VAT. If Sterling is not your home currency you can opt to pay in your home currency if paying by debit or credit card.
3.3 Once you have made your booking and paid the deposit, the cost of your hire will not normally be subject to any change. This does not apply to invoice errors or omissions.
3.4 Once a booking has been made, offers and discounts cannot be applied retrospectively.
3.5 The balance of the price of your hire must be paid a minimum of 8 weeks before your arrival date. If you are booking within 8 weeks of departure full payment is due at the time of booking. We offer hire price discounts if paid in full at time of booking. Our website pricing system will show this
3.6 If the balance is not paid in time, we may cancel your booking and retain your deposit.
4 COLLECTION AND RETURN OF THE VEHICLE
4.1 You will collect the vehicle at the time and location chosen on your booking
4.2 All drivers need to be present on collection of the vehicle and bring their full valid licence and ID documents. Your booking email and our website provide information on documents required. You will also require a credit or debit card for the security deposit (see section 20). Should any driver fail to present all correct documentation and identification on collection of the vehicle or not meet the driver requirements stated in the terms and conditions, then we will be unable to release the vehicle and no refunds will be given.
4.3 UK licence holders must bring their paper or photocard licence along with a print out of your driver record from the DVLA. Northern Ireland licences do not require DVLA print out.
4.4 You will return the vehicle in a clean condition, the same as it was received, with a full tank of fuel, on the return date, at the time and location set out in the rental agreement or agreed separately.
4.5 You will return with the toilet cassette and the interior clean and in the same condition as they were at the start of the hire, otherwise a charge will be made for additional valeting and or upholstery cleaning. In addition, a separate toilet cleaning fee will apply if the toilet waste tank is not empty on return. Please see section 20 for further details. Please note that there are no toilet emptying facilities at any of our return locations so this must be emptied prior to return.
4.6 Late return: If you will be late returning, you must advise us immediately. Failure to advise may result in prosecution for driving whilst uninsured. An additional charge of £75.00 per hour will be payable for all late returns.
4.7 Except as otherwise expressly provided in these terms and conditions late pick-up or early return of the vehicle does not entitle you to any refunds.
5 DRIVERS
5.1 No driver may drive a hire vehicle unless he/she:
5.1.1 Is aged between 25 and 75 for standard rates, or aged 24, or between 75 to 79 subject to additional insurance premiums. CDW cover is not available to drivers out-with the 25 to 75 age range.
5.1.2 Holds a full driving licence valid to drive category B vehicles in the UK and has not been disqualified.
5.1.3 Has held a full driving licence for more than 2 years.
5.1.4 Has not been convicted of any criminal / driving offences other than speeding and parking offences. Drivers must have no more than two convictions with a maximum of 3 points per conviction. The maximum penalty points on the UK licence is 6. The following conviction codes are not acceptable; BA,DD or UT. The following must be referred to our insurers; MS90, IN10, CU80, CD. Any single 6 point offence also needs referred. If you meet these referral criteria please check you can obtain insurance with us before making your booking. There is an additional insurance premium of £2 per point per night of hire.
5.1.5 Declares any accidents on the driver declaration form after booking.
5.1.6 Does not suffer from any physical or mental defects which would affect the driver’s ability to drive the vehicle in accordance with legal requirements and/or the driver has not been advised not to drive on medical grounds by the driver’s G.P. or other medical personnel.
5.1.7 Has never been refused motor insurance.
5.1.8 Is not employed in a ‘high risk’ occupation as defined by our insurer.
5.1.9 Produces a valid driving licence upon collection of the vehicle. Licences from the following countries are accepted: all EU countries, USA, Canada, Singapore, Malaysia, UAE, Hong Kong, Australia & New Zealand. Licence holder from other countries must receive approval from Atlas prior to booking. It is your responsibility to check this before making a booking. Any cancellations resulting from a failure to meet the driver criteria will be subject to our standard cancellation terms (section 6)
5.1.10 Authorises us to verify through credit agencies, the Driver and Vehicle Licensing Agency, his/her employer or any other sources his/her personal, driving and credit information.
5.1.11 We may refuse to hire you the vehicle for any reason whatsoever at our sole discretion.
5.1.12 All drivers must be declared at the start of your hire & named on your booking form. All drivers must be present at vehicle collection.
5.2 If you are unsure of any aspect of the above, you should contact us and we will check with our insurance company whether any premiums may apply.
5.3 You acknowledge that it is illegal for an undeclared driver to operate a rental vehicle, as they will not be insured.
6 CANCELLING YOUR BOOKING
6.1 You will incur the following charges if you cancel your booking:
6.1.1 Cancellation more than 8 weeks before your arrival date, cancellation charge is 25% of total price of booking.
6.1.2 Cancellation between 8 and 4 weeks before your arrival date, cancellation charge is 50% of total price of booking.
6.1.3 Cancellation between 4 and 2 weeks before your arrival date, cancellation charge is 75% of total price of booking.
6.1.4 Cancellation less than 2 weeks before your arrival date, or a no show, cancellation charge is 100% of total price of booking.
6.2 You may cancel your booking at any time. Your notice of cancellation must be in writing and will only take effect on the date it is received at our office.
6.3 Where a refund is due after any cancellation charge has been taken into consideration (and provided we have received full payment from you) we will make the refund within 28 days of receiving notice of cancellation.
6.4 Note that if the reason for cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim these charges. We strongly recommend that you take out separate travel insurance. It is your responsibility to ensure that the travel insurance you purchase is adequate for your particular needs. We do not check travel insurance policies.
7 CHANGES TO YOUR BOOKING
7.1 If, after we have confirmed your booking, you wish to change your travel arrangements in any way we will do our utmost to make these changes, but it may not always be possible. If the original hire is due to commence within 8 weeks then changes will be treated as cancellations (see section 6 above).
7.2 The price of your hire may increase.
7.3 An administration fee of £40 will be charged.
7.4 Refunds resulting from changes made by you will incur a 3% fee. This is due to charges levied by the credit card companies
8 IF WE CHANGE OR CANCEL YOUR BOOKING
8.1 It is sometimes inevitable that we will have to change or cancel your hire as the arrangements are made some time in advance. We reserve the right to make such changes and cancellations should they become necessary although we will try to minimise the chance of such an event.
8.2 If your chosen specification of vehicle is not available, for instance following damage by a previous customer, we will aim to offer you another vehicle in its place if one is available.
8.3 If the replacement vehicle is lower price or less well equipped than your original booking we will refund the difference in price only.
8.4 If the replacement vehicle is higher priced than your original booking you will not be held liable for any higher rental charges.
8.5 We are not liable for any additional expenses incurred by you, e.g. higher ferry charges or road tolls, campsite fees.
8.6 Except as expressly set out elsewhere, we regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by any damage or loss as a result of “force majeure”. In these terms and conditions, “force majeure” means any event which we could not even with all due care, foresee or avoid. Such events may include threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
9 GAS POLICY
9.1 You will be supplied with one cylinder which may be partially full; one third or more. A full gas cylinder can be purchased at time of booking or subsequently added to your booking extras. You must return all cylinders. There is no need to refill them
10 USE OF THE VEHICLE
10.1 Whist you are hiring the vehicle you will not:
10.1.1 Operate the vehicle, or permit the vehicle to be operated in any way that would violate this agreement including, for the avoidance of doubt, for commercial or business purposes.
10.1.2 Permit anyone other than the driver(s) named on the booking form to drive the vehicle.
10.1.3 Engage in motor sports, including racing, pace making, rallying, reliability trials, and speed testing.
10.1.4 Propel or tow any vehicle or trailer unless agreed by us in writing at the time of your booking.
10.1.5 Drive or permit to drive any person unfit through drink or drugs or with blood alcohol concentration above the limit prescribed by road traffic legislation.
10.1.6 Leave the vehicle unlocked while unattended, or fail to secure the keys.
10.1.7 Drive other than on a paved public highway, private road, or driveway. Driving onto official campsite fields is permitted but you should take reasonable precautions to ensure that the ground is suitable and you will be able to drive off the field.
10.1.8 Drive in a reckless or imprudent manner.
10.1.9 Carry more passengers than the seating capacity of the vehicle. Please note number of seat belts listed on the vehicle you are hiring.
10.1.10 Allow the vehicle to be overloaded.
10.1.11 Carry passengers or goods for hire or reward.
10.1.12 All vehicles are non-smoking which includes the use of vapes & e-cigarette. We reserve the right to impose additional valeting and or upholstery cleaning fees and charge demurrage should smoke be detected in the vehicle. Do not smoke/vape or permit anyone to smoke/vape in or within 3 metres of the vehicle
10.1.13 Use the vehicle in violation of any law, ordinance or regulation.
10.1.14 Allow any animals in the vehicle without our prior written consent. This consent is automatically provided if a pet friendly vehicle is selected. This will be shown on the booking confirmation and the hire agreement.
10.2 You will take all reasonable steps to maintain the vehicle, ensuring that the oil level, water level & tyre pressure are correctly maintained during your hire. You will contact us immediately should any vehicle warning lights indicate a potential malfunction.
10.3 You will use the correct legal fuel type for the vehicle as advised by us at the time of collection of the vehicle. All our vehicles use DIESEL fuel
10.4 Please note that all of our vehicles include a GPS tracking device which we may monitor from time to time to ensure that the terms of this Agreement are complied with.
11 EUROPEAN AND IRELAND TRAVEL
11.1 You are not permitted to drive the vehicle in mainland Europe.
11.2 For those wishing to travel to Ireland you must purchase in advance our Ireland insurance and roadside support cover. This is mandatory and you will be in breach of these terms and conditions should you take the vehicle into Ireland without taking the additional Ireland cover.
12 IN THE EVENT OF A BREAKDOWN
12.1 You should seek the help of the breakdown services. Details are held within the vehicle
12.2. Any call out charges necessitated by the client through operator error, e.g. a flat
vehicle battery, wrong or insufficient fuel, keys locked in vehicle etc will be the responsibility
of the client.
12.3 You are authorised to approve repairs up to £100.
12.4 Any repairs in excess of £100 must first be authorised by us, prior to the work being undertaken.
12.5 In all cases VAT receipts must be submitted for any repair or the claim will not be paid.
12.6 You and not us will be liable for the cost of any repairs, or other costs incurred, resulting from reckless, negligent or imprudent use of the vehicle by you or permitted by you including, for the avoidance of doubt, the cost of towage, replacement vehicle, demurrage or car hire.
12.7 You will notify us by telephone of the breakdown as soon as possible in order to give us the opportunity to rectify the problem during the rental.
12.8 If a repair cannot be completed within 24 hours, and it is not the result of reckless, negligent or imprudent use of the vehicle by you or permitted by you, we will endeavour to help you by providing either a replacement vehicle (if available). We will not be liable for any other costs incurred. All other conditions will apply.
12.9 Compensation may be paid at our discretion. In all cases compensation is limited to the hire cost of the disrupted rental days.
12.10 Compensation will only be paid if the vehicle is rendered unusable by the breakdown.
12.11 Compensation will only be paid where the breakdown occurs as a result of our failure to use reasonable care & skill (e.g. in relation to servicing the vehicle).
12.12 You will be liable for any cost associated with the incorrect or illegal use of fuel (all our vehicles are diesel) or water contamination of fuel including, for the avoidance of doubt, any necessary repair or drainage work, towage, and the cost of hiring a replacement vehicle or car hire. The customer will also pay Atlas Hire Drive the daily rate (demurrage) for the period the vehicle is undergoing repairs and therefore unusable for hire.
12.13 You will be liable for any cost associated with fuel contamination of the fresh water system, including, for the avoidance of doubt, any necessary repair, including replacement plumbing and decontamination. The customer will also pay Atlas Hire Drive the daily rate (demurrage) for the period the vehicle is undergoing repairs and therefore unusable for hire.
13 IN THE EVENT OF A PUNCTURE OR DAMAGE TO TYRES
13.1 You are liable for the cost of any damage or punctures.
13.2 In the event that a tyre is returned damaged, at the end of your hire, it will be at our discretion whether to repair or replace it.
13.3 If you have a puncture during your hire you may use the breakdown service to replace the tyre.
13.4 You will arrange for the puncture to be repaired, or the tyre replaced, as soon as possible after the incident.
13.5 Tyre type and brand must be approved by us prior to instructing work. Tyres to a comparable (as other tyres on vehicle) specification and price must be selected. If lower specification or budget tyres are selected without our approval we reserve the right to replace to the correct standard and charge the full cost of the new tyre.
13.6 Additional insurance products can be purchased prior to hire. These products will cover tyre damage and replacement costs
14 IN CASE OF ACCIDENT
14.1 If you are involved in a motor vehicle accident the following procedures should be followed:
14.1.1 Obtain the names and addresses of third parties and witnesses.
14.1.2 Report the accident to the police (call 101), regardless of estimated cost.
14.1.3 Do not accept blame or insist the other party is at fault.
14.1.4 Photograph damage to all vehicles involved and registration numbers.
14.1.5 Phone Atlas Hire Drive on 0141 374 2126 within 24 hours of the incident
14.1.6 Complete the accident report form in the vehicle and if possible email screenshots to our office
14.1.7 Your insurance excess will be charged at the point of notification. If you have taken a CDW package, the appropriate amount will be charged. We will send an online payment request by email or text message. This must be paid before you can continue your hire.
14.1.8 After a reported accident the damage excess will restart at £2000. A CDW is only valid for the first incident.
14.1.9 During the vehicle return we will request copies of any police reports or photographs and obtain the accident report form
14.1.10 Depending on availability, and at our discretion, we will endeavour to provide a substitute vehicle, subject to location, accident liability & remaining hire duration.
14.1.11 You are responsible for making your own way to our Glasgow depot to pick up a replacement vehicle; we may offer you the option of paying for an alternative vehicle to be delivered your location.
14.2 We will endeavour to ensure any monies due back to you are forwarded as quickly as possible, however 3rd party claims can take a long time to resolve, sometimes over a year.
14.3 You agree to provide all reasonable assistance to Atlas Hire Drive in handling any claim including providing information and attending court to give evidence.
14.4 Note: under no circumstances should you attempt to start or drive a vehicle that has been involved in an accident, roll over or submersion without our permission.
15 VEHICLE TITLE AND OWNERSHIP
15.1 The customer acknowledges that Atlas Hire Drive retains the title to the vehicle at all times. You will not attempt, agree, offer or purport to sell, assign, sub-let, lend, let on hire or otherwise part with or attempt to part with the possession of the vehicle.
16 OUR LIABILITY
16.1 We cannot accept any liability for any death or personal injury you or any member of your party sustain except where any such death or personal injury arose as a result of our failure to use reasonable skill and care in performing our obligations under our contract with you.
16.2 You must take all necessary steps to safeguard your personal property and any liability which you may incur to others during the course of your holiday. No liability is accepted by us in respect of damage to, or loss of, such personal property except where it results from our failure to use reasonable skill and care in performing our obligations under our contract with you.
16.3 Your car, if parked at our facility, is parked at your own risk. We cannot and will not be held liable for any damage caused to your vehicle whilst on site
17 INSURANCE
17.1 You understand that:
17.1.1 You are not covered for damage to your own personal property – we strongly recommend that you take out personal travel insurance to cover your own possessions.
17.1.2 The vehicle is covered against accidental damage by fire, theft or attempted theft during the period of hire.
17.1.3 There is a damage excess charge applicable to all claims, except those caused by negligence. The excess charge is applied per incident.
17.2 The following are not covered by insurance:
17.2.1 Damage to tyres by punctures, cuts or bursts, unless separate cover is purchased
17.2.2 Damage or loss to in-vehicle entertainment systems.
17.2.2 Theft involving deception. Theft as a result of keys remaining in the vehicle whilst it is unoccupied is not covered..
17.2.3 Damage to windows or a windscreen is not covered by insurance. Windscreen cover can be purchased separately.
17.2.4 Any claim on insurance will not be considered if the vehicle was being used in contravention to these terms and conditions.
17.3 The damage excess charge of £2000 is applicable regardless of who is at fault. The damage excess charge will be refunded only if we are successful in recovering the cost of the damages from the third party. Please note that third party claims can take months or even years to resolve.
17.4 The vehicle is insured for the agreed period of hire only, if you return the vehicle late you will not be insured and you may be committing a traffic offence under the Road Traffic Act.
17.5 If you are forced to return late you must notify us by telephone before your agreement expires. Late return fees apply see 4.7.
17.6 Exclusions from the insurance policy, for which you will be totally liable and from which you indemnify us, include:
17.6.1 Any damage to the interior of the vehicle (including cigarette burns, spillages, marking), living or cooking equipment will be charged to you. Includes damage to blinds, floor, tabletops and kitchen work surfaces.
17.6.2 Any costs resulting from the improper use of the vehicle.
17.6.3 Any fines or penalties resulting from an offence against the Road Traffic Regulation or Offenders Act, and for any Congestion Charge penalties incurred.
17.6.4 Any damage caused to the vehicle above cab height. This is defined as above 6 feet (1.83m) from ground level
17.6.5 Damage to the vehicle or third party property caused through a reversing manoeuvre or impact caused by tail swing of the vehicle.
17.6.6 Damage to or replacement of rear bumpers, rear light cluster, side skirt plastics, awnings, wing mirror casings, exterior running light, habitation windows, skylight windows. Wing mirror insurance can be purchased separately
17.6.6 Damage caused to the canopy of the vehicle by trees, barriers or bridges etc
17.6.5 The cost to retrieve or recover a vehicle that has become bogged.
17.6.6 The cost of replacing keys, which have become lost or stolen, or which have been locked in the vehicle.
17.6.7 The cost of repairing any damage caused by wilful misconduct (e.g. sitting on the roof).
17.7 You are strongly advised to take out additional travel insurance, as you may be able to claim against it for such exclusions should the need arise.
17.8 In the event of an insurance claim you must provide full and accurate information in line with the disclosure requirements of the insurer. In the event of the vehicle insurance being invalidated because of a breach of this provision you will be responsible for payment in full and indemnifying us (if applicable) of all losses, fines, expenses, costs and damages we or you suffer or incur as a result.
18 Windscreen, Tyre and Mirror insurance
18.1 This can only be purchased from our insurance and risk options prior to the commencement of your hire.
18.2 The cover reduces the excess to zero for the first claim on either windscreen, tyre or mirror. This policy terminates after the first claim and cannot be purchased a subsequent time.
18.3 Notification of a claim against this policy must be made in writing within 24 hours of the damage occurring.
19 Collision Damage Waiver (CDW)
19.1 CDW cover is available reducing the excess on the first incident from £2000. Two policies exist offering a reduction to £750 or £250. This must be purchased prior to hire commencement.
19.2 The cover does not include damage as detailed in clause 17.6.
19.3 Once an accident has occurred the excess reduction cover cannot be restarted and standard excess insurance terms will apply.
19.4 Please note that the CDW is completely optional and can be decided upon at time of booking or right up to the collection of your vehicle.
19.5 After the hire has commenced, the CDW cannot be taken out.
19.6 This cover is only available to drivers aged 25-75.
20 SECURITY DEPOSIT
20.1 You authorise Atlas Hire Drive to deduct from the security deposit any amounts due in respect of any breakages or damage to the vehicle or any other costs we incur as a result of your use of the vehicle.
20.2 The security deposit is £2000,
20.3 The security deposit will be taken from your credit or debit card in the form of a pre-authorisation. Funds are not actually taken from your account. We do not accept American Express or currency cash cards.
20.4 The pre-authorisation will automatically lapse provided that the vehicle is returned on time, to the correct location, undamaged, with a clean interior, with full fuel tanks and no excess charges are due pursuant to clause 16.
20.6 We reserve the right to retain monies from your security deposits as follows:
20.6.1 Soiling fee £200 if the vehicle is not returned with the interior in a clean condition.
20.6.2 Toilet emptying fee £70 if the toilet is not returned empty & clean. Please note: there are no toilet emptying facilities at any of our return locations so this must be emptied prior to return.
20.6.3 Fuel surcharge if the tank is not returned full (empty to ¼ full £140, ¼ to ½ full £120, ½ to ¾ full £90, ¾ to full £75)..
20.6.4 Vehicles with adblue must have the adblue levels maintained. If the vehicle is returned with the adblue refill warning there will be a charge of £50.
20.6.5 In the event of an accident being reported we will charge the full security deposit. This will be reduced if CDW cover was purchased and is the first incident reportedThis will be returned if the claim outcome is of no fault of you.
20.7 You agree that you will be responsible for full payment of any sums due to us should the Security Deposit you have paid not be sufficient to cover the cost of any damage or other costs as set out in these Terms & Conditions.
20.8 You agree to indemnify us for all costs, damages expenses claims and losses which we incur suffer or become responsible for as a result of any act or omission by you which results in our being unable to receive full payment for such costs, damages, expenses claims and losses under the insurance cover referred to in clause 16 or for which we are unable to receive full payment under the insurance cover referred to in clause 16.
21 ROAD TRAFFIC ACT
21.1 You are entirely responsible for any speeding, parking, congestion charge, road tolls or other road fines and penalties incurred during your hire.
21.2 We will pay any fines directly and charge your security deposit. We will also charge an administration fee per incident of £40.
22 PAYMENTS BY CREDIT CARD
22.1 When payment is made by credit card you agree that:
22.1.1 We are authorised to charge any amounts due under this agreement to the customer’s credit card including any damage excess charge costs.
22.1.2 You authorise Atlas Hire Drive to recover payment from your credit card of any charges pursuant to clause 17.1 and clause 20 which were not known at the time of return of the vehicle. We may process credit card charges pertaining to the rental after the hire period.
22.1.3 All transactions are in UK Pounds Sterling. Due to exchange rate fluctuations there may be some variance between the amount initially charged to a customers’ credit card and any refunds subsequently applied, we accept no responsibility for any such charges.
23 TERMINATING THE AGREEMENT
23.1 You acknowledge that we may terminate this agreement and repossess the vehicle at any time in the circumstances set out below. You will pay reasonable costs of repossessing the vehicle if:
23.1.1 You are in contravention of this agreement in any manner, or
23.1.2 We believe that you have hired the vehicle through fraud or misrepresentation, or
23.1.3 The vehicle appears to be abandoned, or
23.1.4 The vehicle is not returned on the agreed day or we believe that the vehicle may not be returned on the agreed date, or
23.1.5 On reasonable grounds, we believe that the safety of the passengers or condition of the vehicle is endangered.
23.2 You understand that, in the event of such termination or repossession except as otherwise expressly set out in these terms and conditions you have no right to a refund of any part of the rental charges or the security deposit.
24 LAW
24.1 This agreement is governed by the laws of Scotland.
24.2 You warrant that all information supplied by you to Atlas Hire Drive in connection with this agreement is true.
24.3 This agreement constitutes the entire agreement of the parties and there are no other undertakings or agreements between the parties relating to the subject matter of this agreement.
24.4 We reserve the right to vary the rates and conditions of hire at any time.
