Today's Date: October 27, 2021
For health and safety, everyone travelling must complete this digital form in full before undertaking the journey. On arrival, all travellers are checked in by a member of staff. Due to COVID-19 we require;
- Full address and contact details of every driver and passenger
- Confirmation there has been no exposure 14 days prior to the arrival date, or do not have themselves, signs and symptoms of COVID-19 including; fever, sore throat, flu-like symptoms, persistent cough or a change in taste or smell
- Temperature taken on arrival
- Notification to management by any person if any of the symptoms occur during your hire
- Maintain a distance of 2 meters where possible and wear a face covering at all other times when inside buildings
- Keep good personal hygiene and use the wash stations and sanitiser facilities provided
This Agreement will constitute the entire agreement between the Owner/Registered Keeper of the vehicle and the Hirer & Drivers of the motorhome and all information recorded on this document and supplementary to this document titled ‘Hire Form' (completed on collection and return of the Hire period) will all form part of this Rental Agreement. This Agreement will take effect from the point of booking.
'I', 'me' and 'my' refers jointly and severally to the person or persons who are the Customer(s) or Hirer of the motorhome. ‘Owner', ‘we' and ‘our' will refer jointly and severally to the owner or owners of the hired vehicle applicable to this Agreement, to any Bank, Loan Company, Financial Lending Company or other similar entity who have full or part title to the vehicle.
'ACE Motorhome Hire' (herein referred to as ‘AMH') will be regarded as the broker or agent between the Hirer and the Owner of the motorhome. AMH will process all payments and return monies due from the hire.
‘Customer', ‘Hirer', ‘Driver', or ‘Other Driver' (whether authorised or otherwise), means the person or persons nominated as the hirer or any other driver.
'Standard Equipment' will be notified on the price page under what is included at https://aceadventures.co.uk/tour/six-berth-motorhome-hire-in-moray-scotland_111. Any equipment that has a charge specified for its use will not be considered as standard equipment.
‘Rental period' or ‘hire period' or ‘period of hire' means the full period of time, between the time and date that the Hirer takes possession of the vehicle and the time and date of its return to AMH including any period of time exceeded by the Hirer, during which time the Hirer is responsible for all Terms and Conditions contained in this Agreement.
'Vehicle' means the vehicle subject to this agreement of hire between AMH and Hirer (or substitute under the terms and conditions of this Agreement) and the vehicle recorded on the Hire Form (by Vehicle Registration Mark) and will mean the vehicle subject to and agreed between the Owner and Hirer for the Hire Period agreed and will include the entire vehicle, all tyres, wheels, windows, windscreens, all vehicle tools, all equipment supplied with the vehicle including all standard equipment, any accessories (whether at an additional charge to the Hirer or not), all and any other components or articles supplied with the vehicle.
'Security Deposit' means the deposit that will be required to be paid before the start date of hire to protect AMH from any inconvenience or costs associated with the rental.
‘Insurable Event' will mean any event or circumstance that is required under the Terms and Conditions of the Hire Insurance Company.
"Normal 'used' condition" will refer to any condition that will require up to a maximum of one hours cleaning for the exterior of the vehicle, and one hours cleaning for the interior of the vehicle, by an independent outside contractor.
‘Hire' means the agreed use of the vehicle for a specified time between AMH and the Hirer of the vehicle.
This ‘Agreement' means the ‘Rental Agreement', the ‘Terms and Conditions of Hire', the ‘Motor Rental Agreement', the ‘Hire Drive Proposal’ or referred to herein as the ‘Terms and Conditions of Motorhome Hire', all as defined by UK Law applicable to a hired motor vehicle.
In the event of any discrepancy between these Terms and Conditions and any other Terms and Conditions (whether previously made available to the hirer or not, or available on the website, or published or referred to elsewhere, the provisions of this Rental Agreement, will always apply.
Terms & Conditions:
- Security Deposit: I, as the Hirer, will make a security deposit of £1000.00 by means of credit or debit card or bank transfer payment. By making payment I fully agree to the terms and conditions contained therein. I authorise the Owner of the vehicle to deduct the sum of £1000 as a Security Deposit from my credit or debit card account for either the full duration of my hire period of the vehicle or until the vehicle is repaired to a condition that is satisfactory to the owner/registered keeper, without any time limits being imposed. Please note if you choose to pay your security deposit by credit or debit card we will hold the payment and release the money to you within 7 days once the vehicle is returned within the terms & conditions. You can pay by bank transfer within two weeks and no less than 5 working days before your hire start date. The vehicle will not be released until we have the security deposit funds in full. In the event of damage or loss the security deposit or part thereof could be withdrawn and held until the damage or loss is recified, note that this can in certain circumstances be months due to exisiting hires as well as long waiting times to get repairs done by qualified technitians.
- Delivery and Return of the Vehicle: I acknowledge having received the Vehicle in a clean condition with all waste water and toilette cassette emptied and in sound and safe working order and with a specified tank of fuel. Any existing damage to the vehicle will be recorded on the `Hire Form` document and will be signed by both the owner or AMH representitive and Hirer and will constitute a full agreement of any damage to the vehicle prior to the period of hire to which this document applies. The vehicle will be returned with; the same or more fuel that was recorded at the start time of hire otherwise fuel charges (outlined in this document) will apply and I will return the vehicle in a clean condition with all waste water and toilette cassette emptied including clean cassette bay, on the return date and time recorded as the Hire Period otherwise I will be subject to any penalties (contained in this agreement document).
- Drivers: While driving the vehicle to which this document applies, I will; (a) abide by all of the driving laws applicable to the Country that I am driving in; (b) Agree to all of the Terms and Conditions contained in this Rental Agreement document, and confirm that I am fully authorised to drive this vehicle, subject to all of the conditions outlined at Condition number 25 herein. If any of the stated conditions do not apply or if I am not covered by the hire vehicle insurance policy, I will be fully liable for all and any responsibilities and liabilities to me, as driver of this hired vehicle. No person shall drive or be in control of this hired vehicle unless they are authorised by AMH and have read and signed this full Rental Agreement document.
- Loss of Vehicle prior to Hire Period: I acknowledge that AMH will refund to me all monies and will have no obligation to provide a replacement vehicle if any vehicle is not returned to them prior to the start date of my period of hire for that vehicle, or AMH cease to have the use of any vehicle prior to the last hire return date for any reason whatsoever e.g. accident, damage, weather, theft or any unforeseen event or circumstance. AMH will have no obligation whatsoever with regard to accommodation or campsites booked, events booked, travel booked, or any other charges and money spent.
- Rental and Other Charges: I will pay AMH all Hire charges (including all cancellation policy charges recorded in this document, and all balances due before the set limits imposed in this contract).
- Penalties: I will be liable for the following penalties due to the hiring of the vehicle recorded herein, when applicable to my period of hire of the vehicle: (a) Cleaning Fee (up to £150) will apply if the vehicle is not returned with the interior/exterior in a "normal used condition" (Note: ‘normal used condition' is defined as ‘any condition that will normally require only two hours cleaning for both the interior and exterior of the vehicle"). For every hour, and part of an hour required for any additional cleaning time required to bring the vehicle up to the condition that it was hired out, then a charge of £25 per hour will be chargeable to the hirer (to a maximum of 6 hours). Invoices will not apply to this penalty. (b) Toilet, Cassette & WasteWater: A penalty of £75.00 will be charged if the toilet and/or waste water tank are not emptied prior to the return of the vehicle. The toilet cassette bay also needs to be clean with no spillage in the cassett bay from improper use of the toilet and cassette. (c) Smoking: Any evidence of any smoking within the interior of the vehicle on its return to base (including owners sense of smell - regardless of physical evidence), will attract a penalty of £100. (d) Pets are not allowed under any circumstances and any evidence will incurr a £100 fee. (e) Late return of vehicle: There will be a penalty of £40 per hour or part of an hour, for every hour that the vehicle is returned after 17:00 hrs on the last day of hire. (f) Fuel: Vehicles returned with less fuel than on departure will be charged at the rate of the cost to fill the vehicle plus time taken @ £25.00 per hour. (g) Loss or damage to interior, exterior or any items supplied with the hire will be charged at the rate of cost plus 20% and for the time taken to replace or repair at a rate of £25.00 per hour
- Damage to the Hired Vehicle: Any minor damage to the interior or exterior of the vehicle, regardless of blame, is the responsibility of the Hirer as well as any loss of any items supplied with the vehicle during its period of hire. It is the responsibility of the Hirer to report any damage at the time it occurred on the Hire Form and to notify the Insurance Company immediately in regard to any Insurable Event. Every separate event causing damage or loss of items from the vehicle will each be treated as a completely separate event, and each such event involving loss or damage must be separately reported on the Hire Form or reported to the Insurance Company as appropriate. Major damage or loss must be reported on the Hire Form and the the Hirer must call the ACE Office to notify the damage so replacement and repair can be arranged. Road accidents must complete the Road Accident Form supplied with the Vehicle Information Pack at the time of the accident. Call the ACE Office to notify of the accident.
- Travel Insurance: It is advised that all Hirers, including all passengers and any authorised drivers and all passengers, obtain sufficient and fully adequate travel insurance that will provide sufficient protection for the Hirer/all Passengers/and all Drivers or any other person travelling in the hired vehicle.
- Errors in Rental Charges: The total charges are set out by AMH and are recorded on our website at https://aceadventures.co.uk/tour-scotland-motorhome-hire. Any errors in any charges will not be the responsibility of AMH, unless pointed out at the time of hire, and subject to paragraphs 1 -3 of this Agreement.
- Payment of Charges Joint and Severall Liability: All charges, penalties, expenses or associated costs payable by me (the hirer) are due on demand by AMH. If I do not pay all charges, including the balance due when requested, I will agree to pay a surcharge of 2% per month on the outstanding balance and any collection costs incurred by AMH, including reasonable legal fees.
- Credit & Debit Card Payment or Bank Transfer: (1) AMH will accept payment by credit or debit cards approved by AMH. (2) When payment is paid by credit card, I agree that; (a) AMH is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including but not limited to, any amounts due in respect to damage to the Vehicle or to property of a third party and all other additional charges as they are incurred (including all parking and traffic infringement penalties, road toll fines, congestion charges, and associated administration costs); (b) I will not dispute my liability to AMH for any amount due under this agreement and I shall indemnify and keep AMH indemnified against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute. (c) AMH may process the credit card; in the event that AMH elects to accept payment of the Security Deposit by holding an open or closed security payment (payment made to bank) which will be cancelled at the completion of 7 days from the end of the Rental Period once all Terms & Conditions have been met. I agree that AMH is entitled to recover payment from my credit card issuer, in respect of any amounts due, including all payments, charges or penalties which were not known at the time of cancelling the Security Deposit. (d) I acknowledge that all transactions under this agreement are conducted in Pounds Sterling. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card/cheque/bank account and the amount refunded within 7 working days after the expiration of the rental period. I release AMH from any liability for such variation.
- My Warranties: I warrant that all information supplied by me to AMH in connection with this agreement is true, including all information requested of all drivers of the hired vehicle.
- Vehicle Damage - Vehicle Hire Insurance Cover: I am aware that; (a) The vehicle has fully comprehensive insurance and is insured for damage to the vehicle and the property of any third party; (b) I will have to pay the hire vehicle insurance excess that is up to GBP £1000 for every individual event or claim, and subject to me complying with the terms and conditions of the vehicle Hire Insurance Company, otherwise I will be responsible for the full cost to repair any damage caused during my period of hire of the vehicle.
- Road Restrictions: (a) All Hired Vehicles may only be driven on sealed/bitumen roads and to officially recognised campsites - all other roads must be agreed with AMH prior to driving. Parking other than on officially recognised campsites is permitted providing you adhere to the Road Traffic Act Scotland and the Countryside code. (b) I acknowledge that AMH acting on our behalf, reserves the right at any time, and at their sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or any other reasonable cause.
- Use of the Vehicle: I agree that during the rental period, I will not and will not allow the Vehicle to be; (A) driven otherwise than in a cautious, prudent and normal manner; (B) used in a manner which could cause damage; (C) driven off sealed roads or in a prohibited area or in an area other than the areas indicated by AMH; (D) driven by me or any person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by the law of any country that the vehicle is being driven in/through; (E) Left with the ignition key in the vehicle while it is unoccupied; (F) Left unoccupied and unlocked; (G) Driven by persons: (i) Under the age of 21 or over 79 years; or (ii) Any person who is not authorised by law to drive the Vehicle. (H) any immersion in water or salt water; (I) Used for any illegal purpose, for any race, rally or contest; (J) used to tow any vehicle or trailer; (K) used to carry passengers or property for hire or reward Unless specified and authorised), (L) used to carry more persons than is permitted by any relevant authority or hire insurance company authority or detailed in the Vehicle manual or on the Vehicle or specified in this agreement; (M) used to carry volatile liquids, gases, explosives or other corrosive or flammable material; (N) otherwise used in breach of my obligations under this Agreement. In addition, I will not allow any person to drive or be in control of this hired vehicle unless they are authorised drivers who have signed and agreed to the terms of the Terms and Conditions agreement.
- Tyre Damage: Any damage to any tyres fitted to the vehicle during its period of hire will be the full responsibility of the hirer and will be repaired to a legal and safe condition or replaced at the hirer's expense.
- Responsibility: That ‘I' as the hirer or approved addional driver, 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 AMH, 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 hire of the vehicle and until it is returned and the Hire Form is signed off.
- Alterations to the Vehicle: I shall not make any alterations or additions to the vehicle without the prior written consent of the Owner.
- Passengers: AMH authorise the use of the hired vehicle(s) up to the stated number of passengers approved for that vehicle. Each and every person is to use the safety restraints provided at all times whilst the vehicle is in motion subject to the Laws of the Country being traveled in. All children will be harnessed in approved (UK or applicable EEC) vehicle restraints. All passengers must always comply with any driver's instructions.
- Child Safety Seats: Child Seats will not be supplied by the owners of motorhomes due to the legislation involved. It is up to the responsibility of the Hirer and approved Driver to supply and meet the required child restraint laws required in of the Country being traveled in.
- Vehicle Maintenance (Hirer): (a) I shall take all reasonable steps to properly maintain the vehicle, including regular oil and water checks. I will refrain from driving if a dashboard warning signal/sign is displayed there, until such time as I have had this fault diagnosed and rectified and am allowed to drive the vehicle either by an authorised representative of the motorhome breakdown service provider, an authorised representative of the hire vehicle specific garage or with the express permission of a representative of AMH either written or verbally. (b) I acknowledge that AMH will reimburse me for expenditure up to GBP £40.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the vehicle (not including the water system, refrigerator, heating, audio and DVD equipment) provided that: (i) I will produce any relevant receipts; (ii) I have received the prior written or verbal consent of AMH; (iii) The damage is not due to my fault or my breach of this agreement. (c) I will be liable for any costs associated with the incorrect use of fuel. All vehicles have breakdown assistance.
- Responsibility of Hirer to report circumstances to the Hire Insurance Company: (a) In the event of any accident, loss or damage arising out of the use of the vehicle, I will; (1) Notify the hire insurance company of the circumstances of the event and as soon as reasonably practical (2). In the event of a road traffic accident or any reportable event or accident, obtain the names and addresses of any third parties and any witnesses and report the event to the nearest police station; (3). Record and retain the unique reference number of a Crime Report (UK) or European Accident Report form if or when supplied, and in any event record the police unique reference number of the incident; (4). I will not make any admission of liability to other parties, settlement offer or other like offer; (5). Assist AMH and the hire insurance company in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence; (6). I will pay for any costs relating to the delivery of a change over vehicle (if available) as a result of an accident regardless of which party is at fault.
- Termination of Agreement: I acknowledge that AMH may terminate this agreement and repossess the vehicle at any time, without notification to me, and that I will pay the reasonable costs of repossessing the vehicle, including towing charges if (a), I am in breach (in any way) of any terms of this agreement; (b) I have obtained the vehicle through fraud, misrepresentation or any criminal act; (c) The vehicle appears to be abandoned; (d) The vehicle is not returned on the agreed return date or AMH reasonably believes that the vehicle will not be returned on the agreed return date; (e) AMH considers on reasonable grounds, that the safety of passengers or the condition of the Vehicle is endangered. I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges or the Security Deposit; (f) the vehicle is in an area/country not agreed with the owner of the vehicle, or there is any indication whatsoever that it may be stolen or miss-appropriated. Under these circumstances the owner will report the vehicle as stolen and instruct all measures to be taken for the return of the vehicle.
- Change of Vehicle: AMH reserves the right, at its absolute discretion, to substitute a comparable or superior vehicle for the Hired Vehicle. Or may not be able to supply a vehicle. In any event, AMH shall not be liable for any increased rental or other charges pertaining to the substitute vehicle. Such substitution shall not entitle the hirer to any refund and does not constitute any breach of this agreement. Should for any reason the vehicle is not available for hire a full refund will be given.
- Additional Conditions for Hirers and Drivers of vehicle:
- Hirer and any approved Driver:All drivers must have held a full UK/EU/USA/Canadian/Australian or New Zealand driving licence for at least 2 years at the relevant class of the motor vehicle hired. For other countries you will most likely be able to hire but please check with us first. Where "Automatic Entitlement Only" is shown or applied to a driving licence, then that will exclude that driver to drive a hired vehicle unless it has automatic transmission.
- Drivers Ages: (i) Age limits are 21 to 79 years. Drivers outwith these ages, please contact us for terms. (ii) Details of driving Licences (DVLA Licence Check Request required for UK Licences) are required as well as one photogographic ID in the form of drivers licence or passpert and two forms of identification with your home address that is less than 60 days old from the hire start date (i.e. utility bill) and must be viewed and recorded by the owner (or representative) prior to start of hire. (iii) Drivers, when driving during any contravention of a moving traffic offence, you are personally liable for all and any legal penalties imposed by the driving behaviour (e.g. parking tickets, speeding or traffic light fines or any other contravention of any law in the Country being traveled) and are incurred during the period of hire. Any penalty or follow up enquiry or enforcement procedure applied to that contravention, will be the responsibility of the driver or hirer (whoever is applicable under the offence contravened or by the term's of this agreement) of the vehicle incurring any such penalty.
- Excluded Drivers: The following persons are excluded from Driving the vehicle: a) Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/ or have had their licence endorsed or suspended or more than 6 penalty points imposed. Spent convictions, covered by the Rehabilitation of Offenders Act1974 may be disregarded. b) Persons who had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance or cover cancelled by any Motor Insurer c) Persons engaged wholly or partly in professional entertainment or professional sports persons. d) Jockeys and persons connected with racing of any sort. e) Undergraduates and/or students under 25 years of age. f) Persons who, whilst driving, have been involved in more than one accident during the past 3 years. g) Foreign Service Personnel other than persons holding a full valid United Kingdom or EU licence for two years or more.
- Physical Ability: Every driver must be in good physical health, has no physical or mental defect, impairment of sight, hearing, heart, any diabetic or epileptic condition or other complaint unless they have notified the DVLA and a licence has been issued, and the conditions or restrictions to that licence are fully adhered to.
- Payment: The Hirer will pay the full amount of the charge for the hire period agreed together with any balance, prior to the start of hire. (G): Hirers Responsibility: It is the responsibility of the hirer to notify the vehicle insurance company in the event of any event requiring them and subject to any conditions contained on the Certificate of Vehicle Insurance provided to all hirers.
- Driving Licence Categories: Drivers with Category B on their driving licence are authorised to drive vehicles up to 3500kg (Maximum Authorised Mass) in vehicles with up to 8 passenger seats. It is the responsibility of the Hirer and every Driver to which this document pertains, not to drive this vehicle if they are not allowed to do so under UK Law, DVLA driver authorisations or entitlements to drive. Foreign drivers are authorised to drive vehicles in the UK under the entitlement (weight entitlement) of the Country in which they passed their driving test.
- Identification: All Hirers & Drivers will be required to produce the following 3 documents prior to hire or the hire will be refused; (A) Photo Driving Licence or Passport (with paper endorsement if applicable) (B) Utility Bill showing the same name and address (C) Bank or Credit Card Statement (showing same name and address). Any failure to produce 3 such documents or if there are any doubts regarding the identification of the hirer or driver whatsoever, then the hire will be refused and the security deposits made, may be returned if criminality is not suspected, otherwise the deposit and any monies paid will be retained in full and the Police will be informed if criminaity is suspected.
- Definition of a Hire Day/ Pick up and Return Times: All days will be calculated as a day and any part thereof. e.g. Saturday to the following Saturday is eight hire days. Saturday to Friday will be seven hire days. Pick-up time will always be any time chosen by hirer between 9am - 4pm on start date of hire, and return time will always be between 9am - 4pm on the last date of hire. Penalties for late return of vehicle: A charge of £40 will apply to every hour and part of an hour that is past 5pm on the last day of hire.
- Charges: Credit & debit card payments are accepted by AMH. All Security Deposits will be released by AMH 7 days after the end of hire as long as all the tems and conditions of hire are met. AMH reserve the right to hold or charge the full or any part amount of the security deposit in the event of loss or damage, once the loss or damage has been rectifies and the final cost is known AMH will refund any difference. All charges incurred for any International transfer of funds will be met by the Hirer.
- Cancellation Charges: The following charges and penalties will always be applied when a booking for a hired vehicle is cancelled by the Hirer: (A): Up to 20 weeks before the start date of hire - The booking deposit and any monies paid will be returned. (B): Between 19 - 6 weeks before Hire - Loss of booking deposit (20% of hire cost). (C): Between 6 weeks until the start date of hire - loss of total hire cost. Any telephone cancellation will be noted but will not be formalised until written confirmation is received (either by e-mail or by written letter). Cancellation charges will always be applicable regardless of circumstance. It is up to the Hirer to insure against unforeseen/unavoidable events.
- Release and Indemnity of AMH: (a) Subject to its obligation to deliver the vehicle or an appropriate substitute vehicle, I release AMH 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 AMH. (b) Subject to any insurance arrangements agreed with AMH, I hereby indemnify and shall keep indemnified AMH, 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
- Title to Vehicle: I acknowledge that the owner retains title to the vehicle recorded in this Agreement and that I possess the goods as a mere bailee only. I do not have any right to pledge the owner credit in connection with the vehicle and agree not to do so. I shall not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of the vehicle.
- Changes: Any changes to this agreement must be in writing and must be signed on behalf of AMH and by me.
- Proper Law: This agreement shall be governed by all of the laws of Scotland.
- Entire Agreement: This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement. AMH reserves the right to add or amend any changes to this Agreement without prior notice. This signed Agreement, together with the documents titled Hire Form will form the full contract of hire agreement between the Owner or Registered Keeper of the vehicle, or AMH, recorded herein and the Hirer, and this document will remain in the possession of the Owner for the entire duration of the Hire Period.
By signing this Rental Agreement and the "Hire Form", I confirm that I have read and fully agree with the terms and conditions, penalties, responsibilities and stipulations recorded therein. I further agree to be bound by the terms and conditions of the insurance which I have seen and read or have had the opportunity to see and read.