Rental Terms and Conditions V1.3
TERMS AND CONDITIONS
- The hirer undertakes to return the vehicle and all its accessories in the same condition, fair wear and tear accepted, to the place and on or before the time and date specified overleaf.
- During the rental period, the hirer shall keep the vehicle with all its accessories and fittings thereon, in his or the named drivers’ possession, free from any legal process or lien, and adequately protected and secured.
- Any vehicle returned outside of the lessor’s opening hours (8.30am to 5.30pm Monday to Saturday) (we are closed on Public and Bank Holidays) remains the responsibility of the hirer until the next opening time.
- If the vehicle is due to be returned to an address other than the lessor’s, 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 available for collection by the due date and time, then the vehicle must be returned to the lessor’s office and a charge for the excess time may be made.
Unauthorised Use of Vehicles
The hirer and any driver shall ensure that the vehicle will not be used:
- (a) For hire or reward, or for racing, pacemaking, rallying, speed testing, driving tuition or similar purpose, or for the propelling or towing of any vehicle, trailer or other object.
- (b) For any illegal or immoral purpose or in contravention of any legislation affecting the vehicle, its use, or construction.
- (c) By any person who:-
- (i) Has not been approved by the lessor in writing as a driver.
- (ii) Is under the influence of drink or drugs.
- (iii) Has given any fictitious information whatsoever.
- (iv) 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.
- (d) Outside England, Wales or Scotland, without the prior written consent of the lessor.
Responsibilities and Obligations of Hirer / Driver
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. A copy of the insurance policy is available for viewing from our Head Office.
- (b) Inform the lessor immediately, upon becoming aware, of any loss or damage to, or fault developing in the vehicle.
- (c) In the event of continental hire ensure that adequate breakdown cover is obtained for the vehicle. This must include repatriating the vehicle in the event of serious breakdown or accident.
- (d) Ensure adequate goods in transit insurance is taken out and maintained for the period of hire. This must include cover for water ingression on all vehicles. Any claim for damage caused to goods, must be made via this policy.
- (e) 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 its accessories.
- (f) Be liable for any costs reasonably incurred:
- (i) 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.
- (g) Obtain and maintain any necessary operator’s licence.
- (h) At the request of the lessor, where there are serious grounds for immediate termination of the contract, return the vehicle immediately to the lessor’s address.
Restrictions on Hirer / Driver
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 our breakdown supplier 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) Leave any property whatsoever in the vehicle upon its return to the lessor. Anything left in the vehicle, accidentally or otherwise, shall be disposed of regardless of its value. The hirer will be liable for the disposal costs.
- (d) Make any claim for any fuel left in the vehicle, the hirer agrees that any fuel left in the hired vehicle becomes the sole property of the lessor.
Charges, Costs and Interest on Monies Due
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 and/or the cost of reprogramming new keys where required, if the keys are lost or stolen.
- (c) The excess amount in respect of each incident or accident involving the hire vehicle, its windscreen, its accessories or fittings thereon or damage to any third-party property.
- (d) The cost of repairing or replacing any punctured or damaged tyres and wheels.
- (e) All costs associated with the use of incorrect fuel in the hire vehicle, or any costs incurred as a result of running the hired vehicle out of fuel.
- (f) The cost of repairing any roof or underbody damage to any vehicle, the cost of any damage to a Luton or Box type vans caused by an impact above the driver’s cab.
- (g) Interest on any monies that become due under this agreement at the rate of 8 per cent above the Bank of England’s base rate at the time of hire, if the outstanding amounts are not settled within seven days of the invoice date.
- (h) The charge of £50.00 for any cheque or credit card payment that is returned unpaid per occurrence + interest of 8 per cent above the Bank of England’s base rate at the time of hire, if the outstanding amounts are not settled within seven days of the invoice date.
- (i) 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.
- (j) The cost of repatriating any vehicle that has been used outside of Great Britain. It is a further condition that in the event of a vehicle being used outside of Great Britain that a return travel ticket is purchased. In the event of a breakdown or accident, the ticket must be left with the vehicle.
- (k) An administration fee of £50.00 for non-payment of any congestion charge, parking charge, ULEZ or penalty charge notice. This will apply to each individual notice.
- (l) The full cost of any penalty charge or congestion charge where liability is not transferred for any reason.
- (m) An administration charge of at least £100.00 to cover costs associated with unauthorized drivers, plus any further costs incurred by the lessor. If an unauthorized driver is seen to be driving the vehicle at any time, they may be reported to the police immediately. In any event any unauthorized driver will not be covered under our insurance.
- (n) A valeting charge if the vehicle is returned in an unreasonably dirty condition.
Vehicle Breakdown and Recovery
In the event of a breakdown or fault with the vehicle during office hours, please contact us, outside of office hours please contact our breakdown service directly for assistance.
Should you be outside of the UK please contact your breakdown assistance supplier, as per your continental breakdown cover.
- (a) It is a condition of this contract that the hirer or driver notifies the lessor immediately upon becoming aware of any fault developing with the vehicle or becoming unroadworthy for any reason.
- (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. This is subject to notification in accordance with section (a) above. 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.
Collision Damage Waiver (CDW) and Insurance (INS)
CDW and Insurance 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 or their accident support line immediately.
- (ii) Ensure that the lessor has a fully completed accident report form within 7 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 number, vehicle registration and the name and address of any witnesses, including photographic evidence if possible.
- (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 7 days or before the end of the hire period, whichever is sooner.
- (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 or the applicable excess has not been paid.
(b) Exclusions to CDW
- (i) Damage to the hirers or drivers own property or property in which the hirer or driver has an interest.
- (ii) Damage caused whilst the vehicle is being driven or used off of public roads. Damage to the underbody or Roof of the vehicle.
- (iii) Wilful or reckless damage by the hirer, driver, passenger or their associate.
- (iv) Damage caused whilst the driver is under the influence of alcohol or drugs.
- (v) For any damage or loss to the hire vehicle as a result of the vehicle being taken with the keys, by any persons not stated on the hire agreement.
The lessor shall not be liable for any indirect or consequential losses whatsoever. The lessor’s liability for any direct losses under this agreement shall be limited to the amount of hire charges.
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.
Should the person signing this agreement not be the hirer, he or she warrants that they are authorised to sign for the hirer and by doing so is jointly and severally liable with the hirer under this agreement.
The hirer may be liable to have their names added to a list of bad risk hirers if any term or condition is breached. Subject to the applicable data protection legislation, such information may be shared with other vehicle hire companies.
Disputes arising out of, or in connection with this contract must be notified promptly to the Registered Office in writing. All invoice and booking numbers must be quoted. Proof of posting will not be accepted as proof of receipt. Dispute resolution details are provided upon request.
Copies of driving licenses and ID that are presented to the lessor by the hirer or any driver will be retained by the lessor for such a period as they may deem necessary. Any CCTV images will be retained by the lessor for such a period as they see fit. Any vehicle tracking data will be held for a minimum of 12 months and may be supplied to authorities if requested. All data is held in accordance with our data protection registration.
Any variation to these conditions shall have no effect unless accepted in writing by us.
Any waiver/variation of a term or condition of this contract accepted by the lessor, shall not invalidate or effect any other term or condition. All terms and conditions not waived shall remain enforceable.
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.
Registered office: 3 Faraday Close, Eastbourne, East Sussex, BN22 9BH. Registration number: 3601350, VAT Number: 702 7931 44
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