Our Terms & Conditions

 
 

Please read these terms and conditions carefully before placing your order. If you have questions about these terms, please contact Neon Equestrian at the address below. Please note total hire cost deposit is required before a vehicle is secured for hire.

 

Formation of the Contract

1.1 We are Neon Equestrian of Woodstock Stables, Contact: Nikki Stanley, 07518 167535 and Casey

Bradford or Nikki Stanley via email: info@neonequestrian.co.uk. These terms shall apply to the

hire of the horsebox and all services that we supply to you.

1.2 No contract shall exist between you and us for the hire of the horsebox and any services until we

have received and accepted your order. We shall send to you confirmation in writing by email to

the email address that you have given. On 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.

1.3 You are responsible for ensuring the accuracy of the terms of any order (including whether the

horsebox is adequate for your purposes). You are required for giving us any necessary

cooperation, assistance and information related to the hire of the horsebox as we may

reasonably require within a sufficient time to enable us to perform the contract in accordance

with its terms.

1.4 The contract shall be subject to your right of cancellation (see below).

1.5 We may change these terms without notice to you in relation to any future hire.

2 Our Website

2.1 We operate and control our website from England and we make no promise that any content or

any information within our website is appropriate for use in any other jurisdiction. In case of a

difference between our website and these terms and conditions, these terms and conditions

shall prevail.

3 Description and Price of the Hire Services

3.1 The description and price of the hire services that you order will be as shown in our quotation

already provided to you or on our website at the time you place your order.

3.2 The horsebox/es are subject to availability at the time of your order. If on receipt of your order,

the horsebox you have ordered is not available, we shall inform you immediately

3.3 We shall make every effort to ensure that prices shown in our quotation or on our website are

accurate at the time you place your order. 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 refund or re credit you for any sum that

has been paid by you

3.4 The day of collection and return of the horsebox is chargeable as just one days hire provided

that the period of hire does not exceed a total period of 24 hours or as otherwise agreed

4 Payment

4.1 Payment for the hire services can be made by any personal cheque (minimum of 7 days prior to

hire date) credit/debit card or part combined cash (Please state if cash will be choice of

payment, if Neon Equestrian are not told then payment will be taken from card details provided

for the deposit payment. The horsebox will not be allowed to leave the premises until cash is

received for hire)

4.2 A hold of £500.00 (Valid card details need to be provided) at time of your booking, this will be

the amount to cover insurance excess. Neon Equestrian will take any amount payable from the

hold amount (£500) provided for box cleanliness, fuel level and damages (if any occur). Subject

to your rights to cancel the contract in accordance with these terms (see below), this hold will

NOT be released to you. This amount has to be available in your account at the time of hire.

4.3 All outstanding sums in respect of the price for the hire services will become payable not less

than 7 days before the proposed commencement of hire. Unless we have already received the

full outstanding payment from you in respect of the total price of the hire services we shall

automatically charge the balance of the price to your credit/debit card 7 days before the

proposed hire date. You hereby acknowledge you will be required to provide us with your

credit/debit card details at the time of your order and by giving us such details you authorise us

to charge the outstanding sums and all other sums that may become due from you to us in

accordance with these terms

4.4 Please note that the horsebox will not be made available to you until we have received in

cleared funds all sums due and payable to us for the hire services and the £500 hold has been

placed on your account. If you don’t have £500 in your account the day of the hire, you will not

be permitted to take the box off the premises and you will not be given a refund in any part.

4.5 If the payment of any fees by you is not made in accordance with these terms you will be

deemed to have requested the termination of the contract and you hereby acknowledge that

the horsebox reserved by you at the time of your order may be released by us for hire to any

other customer without liability to you.

5 Collection and Return

5.1 Unless we otherwise agree in writing collection/return of the horsebox shall be made by you.

You will collect and return the horsebox from/to our premises or any other agreed location on

the date and time agreed for the commencement/termination of hire.

5.2 The hiring of the horsebox will commence on the date and time on which the horsebox is to be

collected by you as agreed.

5.3 We will prepare a vehicle checklist that will specify the precise details and condition of the

horsebox. At the time of collection of the horsebox you will be required to sign the form to

confirm your acceptance of the horsebox. Please ensure that you have read the form carefully

and checked all inventories and other specifications against the horsebox and have checked for

damage before signing and thereby accepting the vehicle. Any damage needs to be

photographed and sent to us before you leave the premises with the horsebox.

5.4 We will use all reasonable endeavours to have the horsebox available for collection on the date

and time agreed but we shall not incur any liability whatsoever in the event of any delay arising

from matters beyond our reasonable control.

5.5 The horsebox will be provided with a fuel tank full of fuel at the commencement of hire. Please

note your obligations in respect of fuel are that the vehicle must be returned with a full tank of

fuel.

5.6 Prior to release of the horsebox, you shall be required to provide us with the following forms of

identification in respect of each proposed driver of the horsebox; each drivers current driving

license (both parts if photo license), one recent utility bill containing details of their current

residential address. Please note that notwithstanding your payment of all sums owing to us in

respect of the proposed hire the horsebox will not be made available to you until we are

reasonably satisfied with your forms of identification and the horsebox will not be released until

all such documents have been produced in accordance with these terms. Please also note that

you authorise Neon Equestrian to take a photo of the hirer for insurance purposes.

5.7 You may park your vehicle at your risk free of charge at our premises for the duration of the hire.

6 Cancellations

6.1 Once you have booked and paid in full for the hire of the horsebox you will NOT be entitled to a

full refund upon cancellation, dependent on circumstance Neon Equestrian will offer a transfer

of date. The refund amount you will be entitled to will be 0% up to 5 working days before hire

and 50% any time previous to 5 working days.

6.2 You may request the termination of the contract at any time. Your request must be in writing

and sent to us at the address or by email shown above. If termination of the contract is

requested more than 5 working days before the agreed commencement of hire any payments

already made 50% will be refunded to the customer. Any termination request received within 5

working days of the agreed commencement of hire will incur the full hire charge. Refer to 4.3 for

payment conditions.

7 Our promise to you

7.1 The hire services will be performed by us with all reasonable skill and care and to a standard of

quality that it is reasonable for you to expect.

7.2 You are entitled to the benefit of all conditions, warranties or other terms expressed or implied

with respect to the horsebox given by the suppliers the manufacturers of the horsebox to us (so

far as we are entitled to transfer it) but, save as otherwise provided in these terms the horsebox

is not let by us with or subject to any such conditions, warranties or other terms expressed or

implied all of which are excluded as between us and you to the extent committed by law we

have no responsibility for damage or loss to persons property or animals carried on the vehicle.

7.3 We shall be under no liability in respect of any defects arising from fair wear and tear wilful

damage negligence abnormal working conditions failure to follow our or manufacturers

instructions (whether oral or written) misuse or the manner in which it is used, alteration or

repair of the horsebox without our prior approval.

7.4 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.

7.5 If you have any other complaint about the hire services you should notify us in writing at the

address above or via email.

7.6 We shall during the continuance of this hire contract (a) arrange for the provision of any

roadside rescue (if needed) (b) except where any repair or maintenance is necessitated by an

accident or any negligent use or abuse of the horsebox we shall pay or reimburse you for any

costs in respect of any necessary repairs or maintenance undertaken during the hire contract

save that any such repairs or maintenance costing more than £50 must be authorised by us

before the work is commenced. We will require proof of the work having been carried out by

way of original receipted invoices

8 Your obligations to us

8.1 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 they may be required for you to drive and otherwise use the horsebox. Please

note that if you did not pass your driving test before the 1st January 1997, you may be restricted

as to the size of horsebox that you may legally drive. You should ensure that you have checked

all such restrictions with the appropriate authorities before entering into this hire contract. You

warrant to us and our insurers that you are qualified to drive the hire vehicle.

8.2 All drivers of the horsebox must be between the ages of 25-70 and must have held a full

unendorsed UK or valid international driving licence for a period of at least 3 years prior to the

proposed date of commencement of hire.

8.3 You shall during the continuance of this hire contract:

8.3.1 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.

8.3.2 Deliver and collect the horsebox to and from any maintenance or repairing agent when it

has become un-roadworthy.

8.3.3 Pay for all fuel for the proper running of the horsebox.

8.3.4 Indemnity 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 noncompliance or contravention of

any transport, traffic or other law or regulations together with any costs or expenses relating

there to be incurred by such use of the horsebox.

8.3.5 Not take or allow the horsebox to be taken out of the UK mainland without prior written

agreement.

8.3.6 Not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession

of the horsebox or part there of nor attempt or purport to do so.

8.3.7 Not remove or interfere with any identification marks or plate affixed to the horsebox.

8.3.8 Take all necessary steps at your own expense to retain and recover possession and control

of the horsebox of which you lose possession or control.

8.3.9 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 and

test the condition of the horsebox.

8.3.10 Notify us immediately of any change in your address and upon request by us promptly

inform us of the whereabouts of the horsebox.

8.3.11 In respect of the condition and maintenance of the horsebox be solely responsible for

ensuring that

8.3.11.1 Fluid levels are checked and adjusted as necessary

8.3.11.2 The exterior interior and upholstery of the horsebox is kept clean

8.3.11.3 Any damage is promptly repaired

8.3.12 The horsebox is not used or operated in a manner contrary to any statutory provision or

regulation or in any way contrary to law.

8.3.13 Use all partitions and such other equipment for the safe transportation of animals and not to

transport any animals unless they have been properly secured.

8.3.14 Not carry more persons or animals than is recommended by the horsebox manufacturer and

at all times comply with all load and weight restrictions as may apply from time to time in

using the horsebox. Do not overload the horsebox or permit the horsebox to be overloaded.

8.3.15 Not deface or suffer to be defaced the paintwork, body and coachwork of the horsebox.

8.3.16 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.

8.3.17 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.

8.3.18 Keep the horsebox in good repair and condition, fair wear and tear excepted, where such

expression is to have its ordinary and natural meaning but does not include:

8.3.18.1 Bodywork: dents or scratches (other than small scratched or chips) failure of colour

matching where the repairs have been made

8.3.18.2 Upholstery: stains burns or tares in seats headlining or carpets

8.3.18.3 Mechanical: the ramp partitions engine gearbox clutch axels suspension steering

and brakes not being in good working order

8.3.18.4 Electrical: lighting and all equipments not being in good working order

8.3.18.5 Tyres: uneven ware of tyres slits in tyre walls

8.3.19 Immediately give notice to us of the happening of any loss or damage to the horsebox.

8.3.20 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 or any of its contents and accessories in good

clean order and working condition) and you hereby authorise us to charge such costs and

expenses against your £500 hold. Please note that there is a £50 surcharge in respect of any

failure to return both the living/cab area and the horse area of the horsebox in good clean

condition.

8.3.21 Keep the horsebox adequately secure at all times (including any outdoor lockers and

containers).

8.4 You shall be responsible for complying with any legislation or regulations governing the use of

the horsebox in the country and destination and for the payment of any duties.

8.5 All animals (including dogs and other pets) to be carried by the horsebox must be approved by

us prior to the commencement of hire.

8.6 Please note that smoking and vaping is STRICTLY PROHIBITED in any part of the horsebox (you

will be fined £75.00 for smoking inside the horse box).

8.7 The rental vehicle is for personal use only and transportation of own horses and may not be

used in any way for hire or reward.

9 Default

9.1 We may, upon any breach by you of any of the provisions of this hire contract by notice in

writing terminate this contract and upon that happening this contract and the hiring constituted

by it shall determine and you will no longer be in possession of the horsebox with our consent

and 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.

9.2 Any expenses incurred by us in repossessing the horsebox or in recovering possession of the

horsebox on default of delivery by you under these terms will be reimbursed by you to us on

demand.

10 Ownership

10.1 The horsebox shall at all times remain the property of Neon Equestrian 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.

11 Return of the horsebox

11.1 On termination of the hire whosoever 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 and all other accessories to us at our premises in

good clean order and working condition and at your expense and risk.

11.2 Unless we otherwise agree in writing the return of the horsebox shall be made by you

returning it at our premises any other agreed location on or prior to the date agreed for the

expiry of hire.

11.3 Please ensure that you return the horsebox on time and in accordance with these terms. It is

important that the horsebox is returned on time so that it can be prepared in readiness for

release to other customers.

11.4 In the event that you do not return the horsebox on time and in accordance with these

terms:

11.4.1 A penalty of £50 will immediately become payable to us for each hour between the agreed

expiry of the hire and the actual time of return (subject to a maximum daily penalty charge

of £150). This will be taken from the £500 hold on your account.

11.4.2 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.

11.5 You hereby authorise us to charge all such penalties against your £500 hold.

11.6 Please note that NO REFUND or other discount will be given where/if the horsebox is

returned early.

11.7 In the event that the horsebox’s fuel tank is not returned full you hereby authorise us to fill

the tank on your behalf and charge the costs of such fuel to your credit/debit card plus a £25

surcharge for failure to return the horsebox with a full tank of fuel.

11.8 In the event that the horsebox is not returned cleaned to the same standard as when you

accepted it for hire, you hereby authorise us to charge to take a £50 cleaning fee for failure to

return the horsebox in a satisfactory state from the £500 hold on your account.

12 Insurance

12.1 Drivers 25-70 yeas of age: 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) during the period of your hire and there shall be no additional charges where your use of

the horsebox is to be restricted to the United Kingdom. You are liable for payment of the excess

in circumstances where it becomes payable and this will be taken from the £500 hold on your

account.

12.2 Only those persons named as drivers on the hire form may drive the horsebox.

12.3 Please note that 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.

12.4 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 horses 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

12.5 In no event shall we be responsible to you for any loss or damage to personal goods or

possessions, horses and other animals and you hereby agree to indemnify us against any loss,

damage or injury to the horsebox (and any of its contents) (except any caused by our own

negligence) in so far as it is not covered by a policy of insurance. Please note that the insurance

policy maintained by us in respect of the horsebox is subject to a £500.00 excess if a claim is to

be made (or per section 12 as applicable) and you hereby authorise us to pre-authorise this

amount to your credit/debit card prior to commencement of the hire period. The pre-authorised

charge will be released upon satisfactory return of the horsebox, which must be on time, un-

damaged, fully re-fuelled and cleaned to the same standard that it was at collection.

12.6 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 Our liability to you

13.1 We make no promises, whether by express or implied, in relation to the accuracy of

information on our website and any material downloaded from our website is at your own risk

and we shall assume no liability for any loss or damage, whether direct or indirect, arising from

your use of that information or material.

13.2 Nothing in the terms shall restrict our liability to you for:

13.2.1 Death or personal injury caused by our negligence

13.2.2 Liability for defective product under the consumer protection act 1987 (c) fraudulent

misrepresentation.

13.3 In no event shall we be liable to you for any damages or costs, including any loss of profits or

prize funds or entry fees, 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.

13.4 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.

13.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any

delay of performing, or any failure to perform, any of our obligations in relation to the hire

services if the delay or failure was due to your breech of these terms or any cause beyond our

reasonable control. For example, matters beyond our reasonable control would include (but

would not be limited to):

13.5.1 Your failure to provide us with payment when properly due in respect of the hire services in

accordance with these terms. Your failing to provide appropriate licences, consents,

permissions, membership and any other qualifications required for the use of the horsebox.

Your failure to provide us with the correct and/or complete information.

13.6 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 economical basis without such limitations.

14 Indemnity

14.1 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses,

including legal fees on a full indemnity basis, suffered or incurred by or rewarded against us and

arising directly or indirectly as a result of any breech or default on your part in the discharge of

your obligations under this hire contract.

15 Data Protection

15.1 We shall take all reasonable care to ensure that we comply with our obligations under the

data protection act 1998 so 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 any

information supplied by you.

16 Assignments

16.1 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 you may contact Neon Equestrian at the above email address.