TERMS AND CONDITIONS

1.
The hirer acknowledges that the vehicle, all accessories and fittings thereon, is fit for his purpose and is in good condition and undertakes to return it and its accessories in the same condition, fair wear and tear excepted, to the place and on or before the time and date specified overleaf. Any vehicle returned outside of the lessors opening hours as stated below remains the responsibility of the hirer until the next opening time
 
  • (a) Any vehicle returned late without the prior written consent of the lessor may attract an excess charge (if the vehicle is returned after the normal opening hours which are 8.30am to 5.30pm Monday to Saturday the charge will be levied until the next opening time).
  • (b) If the vehicle is due to be returned to an address other than the address stated in box 99 overleaf then the vehicle remains the responsibility of the hirer until the vehicle has been collected by the lessor, in addition if the vehicle is not returned by the due date and time then additional charges in excess of those stated in 1.(a) may be applied.
2.
During the rental period the hirer shall keep the vehicle its accessories and fittings thereon in his or the named drivers possession and free from any legal process or lien and when not in use adequately protected and secured
3.
The hirer and any driver shall ensure that the vehicle will not be used:
.
  • (a) For hire or reward
  • (b) For racing, pacemaking, rallying, speed testing, driving tuition or similar purpose or for the propelling or towing any vehicle, trailer or other object.
  • (c) In any manner which might render void the insurance policy or other contract of insurance.
  • (d) For any illegal or immoral purpose or in contravention of any legislation affecting the vehicle, its use or construction.
  • (e) By any person who:-
  • (i) Has not had at least 2 years regular and recent driving experience whilst holding a full licence for the type of vehicle hired.
  • (ii) Is under 21 or over 70 years of age unless approved in writing by the lessor at the outset of the hire period.
  • (iii) Is under the influence of drink or drugs.
  • (iv) Has given a fictitious name, age or address.
  • (v) Has not been approved by the lessor in writing as a driver.
  • (vi) Has been convicted, or reported for consideration of a conviction, of any motoring offence the details of which have not been disclosed in writing to the lessor at the commencement of the hire.
  • (f) Outside England, Wales or Scotland without the prior written consent on the lessor.
4.
The hirer agrees to pay on demand:
 
  • (a) Rental charges until the vehicle and keys have been returned to the lessor.
  • (b) The cost of replacing all the locks on the vehicle if the keys are lost or stolen.
  • (c) The cost of reprogramming new keys where required.
  • (d) Any appropriate waiver and/or personal accident insurance fees.
  • (e) The excess amount in respect of each incident resulting in damage to or loss of the vehicle, its windscreen, its accessories or fittings thereon (or any property left stored or transported in or upon the vehicle) or damage to any third party property.
  • (f) The cost of repairing or replacing any punctured or damaged tyres and wheels.
  • (g) The cost of repairing any damage to Luton or Box type vans caused by an impact above the driver’s cab.
  • (h) Interest on any monies that become due under this agreement at the rate of 25% per annum if the outstanding amounts are not settled within seven days.
  • (i) The charge of £15.00 for any cheque or credit card payment that is returned unpaid per occurrence + interest of 25% per annum if the outstanding amounts are not settled within seven days.
  • (j) An amount equivalent to 75% of the daily hire charge per day for any vehicle that is unfit for hire after an accident or loss where the hirer has refused to take CDW or when the terms of CDW have been broken. The charge will be levied until the vehicle has been repaired or until the lessor has paid in full.
5.
The hirer and any driver shall:
 
  • (a) Ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in this agreement as if the same were set out herein.
  • (b) Inform the lessor immediately of any loss or damage to or fault developing in the vehicle.
  • (c) Ensure an adequate goods in transit insurance is taken and maintained for the period of hire, this must include cover for water ingression on all vehicles. The lessor shall not be held liable for any damage to goods being carried howsoever caused.
  • (d) At the request of the lessor permit to be done in his own name all acts and things that may reasonably be required by the lessor for the purpose of repairing the vehicle or enforcing any rights or remedies or of obtaining relief from other parties in respect of any loss of or damage to or in connection with the vehicle or it’s accessories.
  • (e) Indemnify the lessor against any loss:
  • (i) Incurred by any breach of this agreement by the hirer or any driver.
  • (ii) Which are not covered by the insurance policy or other contract of insurance on the vehicle.
  • (iii) Arising from the loss of or damage to any property left stored or transported in or upon the vehicle.
  • (f) Be responsible for the loading and unloading of the vehicle.
  • (g) Obtain and maintain any necessary operators licence.
  • (h) At the request of the lessor return the vehicle immediately to the lessors address.
6.
The hirer and any driver shall not:
 
  • (a) Without the prior consent of the lessor incur any liability for repairs to the vehicle in excess of £10.00 excluding repairs carried out by the AA out of office hours in which case any worn parts must be retained and an official invoice must be produced for any refund.
  • (b) Be the servant or agent of the lessor for any purpose.
  • (c) Make any claim for loss of or damage to any property left stored or transported in or upon the vehicle.
  • (d) Make any claim for excess fuel left in the vehicle.
7.
All conditions and warranties, express or implied as to quality, description, fitness for purpose of the vehicle or otherwise are thereby expressly excluded and the lessor shall not be liable to the hirer or any driver or any third party for any consequential loss.
8.
The hirer shall be liable as owner of the vehicle in respect of inter allia:
 
  • (a) Any of the following offences which may be committed with respect to the vehicle when it is stationary and when a fixed penalty notice is issued, being on a road during the hours of darkness without lights or reflectors required by law, waiting or being left or parked, or being loaded or unloaded, in a road, being used or kept on a public road within the meaning of the vehicles (excise) Act 1971 without a licence under that Act being exhibited on the vehicle in the manner prescribed under that Act, and the non-payment of the charge made at a street parking place.
  • (b) Any excess charge which may be incurred in pursuance of any order under section 35 and 36 of the Road Traffic Regulations Act 1967 (provision on highways of parking places where charges are made).
  • (c) Contravention of any statute or bylaw relating to the use of the vehicle.
9.
In the case of trailer hire the hirer shall be responsible for the insurance of the trailer up to the full market value and including all third party liabilities.
10.
In the case of this agreement being extended the total period of hire must not exceed 3 months, and all extensions must be in writing.
11.
The hirer may be liable to prosecution if the terms of this contract are broken, they may also be liable to have their names added to a list of bad risk hirers.
12.
Should the person signing this agreement not be the hirer, he or she warrants that they are authorized to sign for the hirer and by doing so is jointly and severally liable with the hirer under this agreement.
13.
This contract is made on these terms and conditions which are governed by English Law and both parties shall submit to the jurisdiction of English courts at all times.
 
  • (a) It is condition of this contract that you notify the lessor immediately and certainly within 24 hours of any fault developing with the vehicle or becoming unroadworthy for any reason, if you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and/or rectify the problem.
  • (b) If in the event of the vehicle becoming unroadworthy for a period of 4 hours or more and the lessor is unable or unwilling to supply a similar vehicle, then there shall be credited to the customer such portion of any hire charges paid by him as represents the unexpired portion of the hire period, but he shall have no other claim of any kind whatsoever against the lessor. However in the event of the damage being caused by the hirer or any driver then any refund shall be subject to the discretion of the lessor.
  • (c) Should the hirer feel that a refund of any unused hire charges would be insufficient to allow them to carry out their business then form EX1 must be completed to cover the potential loss, there is no charge for this however the lessor may decline to enter into the contract.
  • (d) Disputes arising out of, or in connection with this contract must be notified to the Head Office, Auction House, Lottbridge Drove, Eastbourne, East Sussex, BN22 9PB, in writing within seven days from the end of the hire period, all invoice and booking no’s must be quoted. Proof of posting will not be accepted as proof of receipt.
14.
Collision Damage Waiver (CDW) and INSURANCE (INS). By initialing accepted and prepaying the appropriate fee subject to the terms and conditions herein the hirer reduces their liability to £150.00 in respect of a driver over 30 and £250.00 in respect of a driver 30 and under, excess is payable for each accident, damage or loss involving the hire vehicle, CDW is not valid unless prepaid and will not in any event be valid if the terms of this agreement are broken.
 
  • (a) In the event of an accident or incident involving the hired vehicle, regardless of there being any damage the hirer and any driver shall
  • (i) Notify the lessor at the earliest opportunity and certainly within 48 hours.
  • (ii) Ensure that the lessor has a fully completed accident report form within 14 days of any incident, accident or loss.
  • (iii) In the event of any accident (however minor) take full particulars of all other parties involved including full name, address, telephone no, vehicle registration and the name and address of any witnesses.
  • (iv) Notify the police of any accident or loss immediately.
  • (v) Not admit any liability or blame.
  • (vi) Pay all appropriate excesses in full within seven days of the end of the hire period.
  • (vii) Keep a copy of all documents including names and addresses of third parties and witnesses in relation to any incident or accident.
  • (viii) Settle any third party claims or repay to the lessor or their insurance company any payments that are made to third parties when the lessor has not been informed of any incident or accident as above
  • (d) Exclusions to CDW
  • (i) Damage to the hirers or drivers own property or property which the hirer or driver has an interest.
  • (ii) Damage caused whilst the vehicle is being driven or used off of public roads.
  • (iii) Willful or reckless damage by the hirer or his associate.
  • (iv) Damage caused whilst the driver is under the influence of drink or drugs.
  • (v) Loss of or damage to the hire vehicle or its accessories as a result of theft or attempted theft occurring when the hirer or driver has left the keys in or with the vehicle, or where the keys have been left with a person or at a persons address not stated on this agreement.
 
Registered office: 18 Hyde Gardens, Eastbourne, East Sussex, BN21 4PT.