Complaint Procedures: (Owners and Hirers)
The Motorhome Hire Network ( hereafter referred to as TMHN) is a Booking Agency for motorhome and campervan owners on our main websites:
Motorhome City (www.motorhome-city.co.uk)
Freedom of Scotland Motorhome Hire (www.fosmotorhomehire.co.uk).
Responsibility of TMHN: TMHN has a dual responsibility to both Owners and Hirers of vehicles advertised for hire on our network of websites and our complaint procedures are fully outlined.
Firstly, TMHN will act as intermediary (or, go-between) between the owner and the hirer of the hire vehicle in order to resolve any situation, issue or complaint.
We (TMHN) will not be liable for any claim or any form of compensation as per the Terms and Conditions of Hire contract signed by both the Hirer and the owner of the vehicle hired (or representative) as we will have competed our contractual and advertised obligations to both parties.We will conduct liaison between Owners and Hirers to reach a satisfactory conclusion (See Below).
TMHN provide a number of websites in order to allow owners to display their motorhomes or campervans. Each Motorhome webpage is constructed and is the responsibility of the owner.
We provide a blank template to owners, and firmly request owners to display their vehicles in an open an honest manner. Owners have 6 pictures on which to display their vehicle. We request that current pictures are displayed in order to display the current condition (both exterior and interior) of the vehicle. Owners are allowed to insert the description of their vehicle, extras provided and any additional charges as they deem suitable.
The webpage shown on TMHN websites are a blank canvas to Owners, and the detail, information, charges and pictures are entered under the full control of the owner of the vehicle. It is the owner’s individual webpage and they are fully responsible for the content entered. TMHN have full control over our webpages and will respond appropriately when informed of any misuse or illegal postings.
TMHN will correct, amend or delete any motorhome webpage when notified of any issues relating to misuse, legality or misuse.
Owners MUST have their vehicles in a Legal and Roadworthy condition prior to any hire. This is FULLY required of all Owners.
Hirers are informed that any defects or equipment that is not working must be recorded on the T&C of Hire Contract at the start of their hire period.
All existing damage must be recorded on this Contract prior for the hire commencing and must be signed by both the owner (or representative) and the hirer.
In addition to the above, all equipment supplied or installed in the vehicle must be in good working order. Equipment that is not working should be recorded on the T&C Contract.
All vehicles must be in a clean condition, both internally and externally prior to going out on hire.
All existing damage, equipment failures, cleanliness etc should be recorded on the T&C Contract of Hire and signed by both owner and hirer at the start of the hire period. This is a contractual agreement and will establish the full and apparent condition of the vehicle at the start of the hire period.
This document will be used as the basis for any complaints regarding the initial presentation of the hired vehicle.
Complaint Procedures (Owners):
- We will pass any complaint received from a hirer of your vehicle (in full and unedited form) to you to notify and inform you of the issues or problems encountered during the hire of your vehicle, and to solicit your response
- You are requested to respond to all issues or complaints raised and passed to you. We will then pass on your response (in full and unedited) to the person making a complaint.
If a hirer or any of their party makes a request for compensation, we will pass this information to you and request that you consider a satisfactory conclusion to the hire of your vehicle.
Please note our full complaints procedure outlined herein recognise that legitimate complaints should be fully responded to, and at stalemate, we (TMHN) will provide an adjudication that shoukld be accepted by both parties or we advise other actions.
Once mediation has passed the point that no new information is being provided by either party, or if there is stalemate in the process, as a Company we will make our position known as a method of arbitration and pass our evaluation of issues/complaints raised to both owner and person making the complaint. We would expect that this intervention may hasten the outcome of any complaint. Our evaluation will be based on the evidence presented, or on the balance of probabilities.
- We expect Owners to respect our evaluation of the complaint received, once the above process of arbitration has exhausted, in order to resolve any dispute or complaint.
- We will always provide an evaluation (taking into account our dual responsibility to both hirer and owner) on the grounds of impartiality, fairness, objectivity, honesty and openness.
- We will hope that all complaints or disputes will complete to mutual satisfaction, after our evaluation of arguments and evidence produced, then made known to both parties of the dispute and result in a satisfactory conclusion.
- If we cannot then resolve the issues involved (complaints or disputes), and as both owners and hirers have full contact details of the other party, then we will advise both owners and hirers to seek independent legal or Trading Council advice in order to continue the issue. We (TMHN) will not be further involved in the process.
Complaint Procedures (Hirers):
In the first instance, please understand that a motorhome is a house on wheels. It has 3 major mechanical systems; Engine and running-gear mechanical system (including the engine , gears, braking system, exhaust, electrical and mechanical systems etc), the Water and Sewage system – these are pump operated and will move water and waste around the motorhome, Electrical System – both 12v and 240v, these systems will operate dependant on the situation e.g. on a 12v system when driving and parked up for a short while, and on 240v (normal electricity) only when “Hooked-Up” normally on a campsite, to a 240v supply. Hook-up normally recharges the vehicle batteries. Failure to observe battery levels will be the responsibility of the Hirer.
In other words, motorhomes and campervans are very complex machines and due to their construction with many thousands of parts, some parts or systems may fail during the hire of an accommodation vehicle.
When issues arise during your hire of a motorhome or campervan, you will have a selection of options to choose from:
Firstly: you are in contact with the Owner of the vehicle in order to sort out issues, either minor or major.
Secondary, you will contact us (TMHN) on our advertised telephone contact number and we will either contact the owner for resolution, or attempt to obtain a solution to your problem when on the road.
Thirdly: In cases of vehicle breakdown, you will contact the Owner and obtain details regarding their Breakdown Provision for their vehicle, or contact TMHN for information, support and timely assistance.
Fourthly, TMHN has a Back-up breakdown policy (Pay as You Go) available only to all owners that will provide breakdown and recovery Services in the UK that will be charged to the vehicle owner. The vehicle owner must decide whether to invoke this secondary policy and all charges are payable to the owner, or any subsequent charges from Hirers will be applied to the vehicle owner.
The Motorhome Hire Network (TMHN) is a booking agency for motorhome and campervan owners.
TMHN has a responsibility to both Owners and Hirers and our complaint procedures are outlined in this section.
TMHN will act as intermediary (go-between) between the Owner and the Hirer of the hire vehicle in order to resolve any situation or complaint.
TMHN will not be liable for any claim or any form of compensation as per the Terms and Conditions of Hire Contract signed by both the Hirer and the Owner of the vehicle hired (or representative) as we will have fully competed our contractual and advertised obligations to both parties.
TMHN provide a blank template to owners of motorhomes and campervans, and firmly request that they display and advertise their vehicles in an open an honest manner. Owners have 6 pictures on which to display their vehicle. We request that current pictures are displayed in order to show the current condition (both exterior and interior) of the vehicle. Owners are requested to insert the description of their vehicle, extras provided and any additional charges as they deem suitable.
TMHN webpages are a blank canvas provided by our websites, and the detail, information, charges and pictures are entered under the control of the owner of the vehicle. The Owner is fully responsible for all information provided.
It is the owner’s individual webpage (subject to TMHN conditions), and are subject to all legal liabilities in the UK only.
Owners: We have a duty to promote owners motorhomes, obtain bookings for their vehicles, deal with payments, supply comprehensive hire insurance for the duration of the hire, offer a support service to owners before, during (e.g. equipment failure during a hire, mechanical problems, providing another suitable vehicle in cases of complete failure) and on their behalf, deal with complaints or issues after a hire as intermediary.
Hirers: We have a duty to provide you with the vehicle as shown on our websites (once the hire has been confirmed). We will provide you with all requested information and support prior to the start date of your hire. Once the hire has commenced, we expect that the first point of contact for any problems or equipment failures will be directed to the motorhome owner.
We are always available (during advertised working hours) to provide you with a secondary level of support in order to communicate with the owner of the vehicle or attempt to solve any ongoing problems or issues.
HIRERS: Hirers are controlled by all UK commercial legislation e.g. the Sale of Goods Act 1980 and all other forms of legislated consumer protection, please visit: http://www.oft.gov.uk/ , http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm, and http://www.tradingstandards.gov.uk/advice/consumer-advice.cfm for detailed information.
As a booking agency we deduct a small fee from the charges advertised and paid by Hirers. Our commission fee is charged to the Owner for services provided to them. We have already supplied promotion, services and support, and our staff have normally dealt with all questions and enquiries prior to booking. This is our service to both Owners and Hirers.
In addition most complaints are received after a hire has completed, and we have already provided both Owners and Hirers with both of our primary and secondary services (before and during services).
TMHN will not be responsible as a Company for any complaints or issues received once a hire has completed, as we have already provided a substantial service to both Owners and Hirers before and during the hire period of the vehicle. We will have fully earned our commission fee, and are not liable for any claims – unless our service provision is at fault.
The following paragraphs are recorded in the Terms and Conditions of Hire Contract, signed by both owner and hirer at the commencement of the hire period and are recorded here for your information:
Responsibility of Motorhome City (MC) (or TMHN): MC will act only as agent between the owner and hirer of the motorhome applicable to this agreement. MC will accept bookings on behalf of the owner of the vehicle to be hired, arrange for the collection and safe storage of all fees and payments made by the hirer, process credit card payments, facilitate International Bank Transfers, liaise between the owner and hirer on the completion of the hire period with regard to the return of the Security Deposit as referred to in this document and will retain the Security Deposit until all works are completed to the vehicle to the owners satisfaction.
Release and Indemnity of MC or the Owner of Vehicle: (a) Subject to its obligation to deliver the vehicle or an appropriate substitute vehicle, I release the owner of the vehicle, MC and its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to: (1). Any loss or damage caused by breakdown, mechanical defect, accident or the vehicle being unsuitable for my purpose; (2). Any loss or damage to any property left in or on the vehicle, in any service vehicle or on or near the Owners premises or storage area, or recovered or handled by MC. (b) Subject to any insurance arrangements agreed with MC, I hereby indemnify and shall keep indemnified MC, its employees and agents, and the owner of the vehicle against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the vehicle.
Responsibility: That ‘I’ as the hirer or nominated driver or Hirer, I am fully responsible for this hired vehicle, for all damage caused to it (regardless of any third party claims or blame), for all contraventions of the Laws of the Countries that I am in/touring/visiting/driving in or through and that I will be responsible for all penalties applied by any UK or any Foreign Authority that applies to the vehicle that I am responsible for during the period of my hire period with the Owner/MC, and that I absolve the Owner of this vehicle of all and any responsibility for any such penalty/fine/charge/conviction, during the period of my hire of their recorded vehicle during my period of hire of the vehicle.
Once a complaint or issue is notified and received by us, we will perform the following actions:
We will liaise with the owner to remedy, repair or fix any problems that you encounter. The Owner will be fully responsible for any component malfunction and will be fully responsible for repair costs.
If the malfunction cannot be repaired during the hire period, then the owner will be requested to compensate the hirer for any inconvenience caused, unless the following paragraph applies:
If the malfunction cannot be repaired due to the actions of the hirer (e.g. water pumps (or other equipment) fail, and hirers are requested to be driven to a repair depot, and if this does not suit the itinerary or plans of the hirer), then the owner will not be requested to compensate the hirer.
Every issue will be examined on its own merits and dealt with the full and verifiable merits of each claim.
We are not an Independent body, but (in disputes) represent both Owners and Hirers in a fair manner and display our processes and procedures on all on our published websites.
Please notify us immediately of any problems or issues that arose during your hire of a motorhome booked through our Agency.
We will mediate in the following manner:
- We will pass your complaint (in full and unedited) to the owner of the motorhome to notify and inform them of the issues or problems encountered during your hire of their vehicle, and to solicit their response.
- We will provide you with the Owners response.
- You are requested to respond to their response, and we will pass this information to the owner, and provide their response (in full and unedited).
- In cases where compensation is requested we will again pass this to owners and provide you with their response.
- We will continue mediation until a mutual resolution is reached or we reach stalemate and will then invoke the following:
- Once mediation has passed the point that no new information is being provided by either party, or if there is stalemate in the process, as a Company we will make our position known as a method of arbitration and pass our Evaluation of issues/complaints raised to both owner and person making the complaint. We would expect that this intervention may hasten the outcome of any complaint. Our evaluation will be based on the evidence presented, or on the balance of probabilities.
- We expect Owners to respect our evaluation of the complaint received, once the above process of arbitration has exhausted, in order to resolve any dispute or complaint.
- We will provide an evaluation (taking into account our dual responsibility to both hirer and owner) on the grounds of impartiality, fairness, objectivity, honesty and openness.
- We will hope that any complaints or disputes will complete to mutual satisfaction, after our Evaluation of arguments and evidence produced, and result in a satisfactory conclusion.
- If we cannot then resolve the issues involved (complaints or disputes) and as both owners and hirers have full contact details of the other party, then we will advise both owners and hirers to seek independent Legal or Trading Council advice in order to continue the issue. We (TMHN) will not be further involved in the process.