In these Terms and Conditions: ‘We’ are the company referred to as the lessor in the Rental Agreement, and ‘You’ are either the company or person referred to as the hirer in the Rental Agreement. ‘Vehicle’ means the Vehicle detailed in the Rental Agreement. ‘Rental Agreement’ means the Rental Agreement signed by you which incorporates these Terms and Conditions and is subject to the terms of the insurance policy.
a) You shall be bound by the following terms and conditions which will incorporate the details into the Rental Agreement.
(a)All current tariffs, rates and insurance policies referred to in the Rental Agreement and herein may be inspected at our offices and maybe subject to change.
2.INSURANCE – Using our Insurance Policy.
If you have indicated in the Rental Agreement that you want us to provide insurance cover for the Vehicle and/or Additional Insurance, then the following terms will apply:
a)The Rental Agreement is subject to, and includes, all the terms of our insurance policies.
b)The Vehicle may only be driven by the following people:
i)The person named as the Driver on the Hire Agreement.
ii)Any Additional Driver that has completed an Additional Driver Form, which we have reviewed and accepted, and the Additional Driver charges have been paid.
iii)ANY PERSON NOT DETAILED AS THE HIRER/DRIVER OR ADDITIONAL DRIVER ON THE RENTAL AGREEMENT WILL NOT BE INSURED.
c)Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess. You may be able to reduce that by paying an additional charge (CDW – Collision Damage Waiver); the Rental Agreement will show whether you have accepted or refused this option (if available) to pay the additional charge, and the Excess for which you are not covered.
d)You may also have the ability to take out additional insurance; this will be indicated in the Rental Agreement showing the further charges incurred.
e)The excess is owed for ANY damage or loss to the vehicle. Payment of the excess must be paid at the time of the accident, damage or loss occurred, regardless of whether the hire will continue or not.
f)If you or anyone on your behalf deliberately causes damage to or the loss of the Vehicle then you will have to pay the full cost of repair or replacement of the Vehicle, even though it was insured at the time.
g)You agree to pay any uninsured losses for any accidents, damage or loss of the vehicle including, but not limited to overhead damage, damage to tyres, recovery, storage and loss of use.
h)You should also note that:
i)The insurance cover may end if you do not return the vehicle to the agreed place at the agreed time;
ii)The insurance cover may be cancelled if you have given any false information;
iii)The insurance cover may be cancelled if you fail to keep up with your hire payments.
3.INSURANCE – Providing Your Own Insurance Cover For Our Vehicle
If you have indicated in the Rental Agreement that you want to provide your own insurance for the Vehicle, then the following terms will apply:
a)It is your responsibility to insure the Vehicle from the moment you take it until the time it is returned to us. You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest in the policy.
b)You hereby authorise your insurer to communicate directly with us and give us any information we require. You also authorise us to take over any claim you have which relates to the Vehicle, and to negotiate and settle that directly with your insurer.
c)You must not use or permit the vehicle to be used in breach of the insurance policy. If any money is paid out under the policy that relates to the Vehicle then you must ensure that the money is paid directly to us.
d)If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss immediately.
e)If for any reason the amount, which we receive from the insurance company, is less than the loss that we suffer, you must pay us the difference immediately.
We will not be liable for loss or damage to property left in the vehicle either during the period of hire or thereafter. Such property is entirely at your own risk. The vehicle will be inspected on return and any property found will be available for you to collect for a period of seven days. Any unclaimed property may be disposed of after this time. If any third party brings a claim against us for property, which is carried or left, in the Vehicle, you must indemnify us for that claim.
5.AUTHORITY TO SIGN THE HIRE AGREEMENT
Any person signing this agreement on behalf of a company must be authorised to do so, and if not authorised will be personally liable to pay all sums due under this agreement to the extent that the company fails to pay them.
a)We will provide you with a vehicle comparable with the category you booked.
b)The vehicle will be insured as per our insurance cover detailed in Section 2 unless you have arranged your own insurance cover.
c)The vehicle will be clean and mechanically sound.
d)The vehicle will be taxed and hold a current MOT certificate, if required.
e)We will provide breakdown cover within the UK. Foreign breakdown cover can be arranged at an additional charge, if required.
f)If the vehicle breaks down and cannot be repaired we will provide you with another, comparable vehicle and if we are unable to do so will refund you the cost of the period of hire you were unable to use.
g)If the vehicle is stolen we will provide you with another, comparable vehicle to be collected from our offices assuming you still have the key. However, if we do not have a vehicle available no refund will be due for your remaining hire period.
7.YOUR RESPONSIBLITIES UNDER THE HIRE AGREEMENT
The maximum period for which you are allowed to keep the Vehicle under the Rental Agreement is from the ‘Date Out’ until the ‘Due in’ referred to in the Rental Agreement. However:
a)We are entitled to terminate this agreement if you break any of its terms, and you must then return the Vehicle immediately.
b)We are entitled to terminate this agreement earlier than the date ‘Due In’ shown on the Rental Agreement, even if you have not broken any of the terms of the Rental Agreement, but we must then provide you with a comparable Vehicle.
c)In any event, the maximum period for which you can hire the vehicle is 90 days.
8.If you keep the Vehicle beyond the date and time ‘Due In’ (or after we have required its return, as above) it will result in the Vehicle not being covered by insurance and if we are unable to contact you, the vehicle may be reported as stolen. In addition to any claim for compensation which we may bring, you will also have to pay all additional hire and associated charges in accordance with our current tariff which may from time to time be in force.
9.The Vehicle must not:
a)be taken outside England, Wales, Scotland, Northern Ireland or any British Isle on which the hiring commenced, without our prior written permission;
b)be used other than on a public highway or a suitably paved area which is designed to carry motor vehicles;
c)be used to propel or tow any other vehicle or trailer, unless it is equipped for the purpose and we have given our permission;
d)be used to carry passengers for hire or reward or for any driving tuition, unless you obtain our prior written permission and you must provide your own insurance under Section 3;
e)be used for any unlawful purpose, or for racing, pace making, competitions or speed testing, nor must it be used in any unlawful manner.
f)be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry;
g)be used to carry livestock, transit of animals in a business capacity, hazardous chemicals, explosives or any other substances that may cause damage to vehicles or health in the event of an incident or accident.
h)be used in such a way as to make the insurance on the Vehicle invalid;
i)be used in breach of the any Road Traffic legislation or the Construction and Use Regulations;
j)be used by any person who is not licensed and insured for it;
k)be used by any person who is under the influence of alcohol or drugs or medically unfit to drive;
l)be used in the event of any mechanical, electrical and structural failure or damage, if further damage would be caused as a result;
m)be altered or added to in any way whatsoever.
10.You are not allowed to carry out any repairs (or allow anyone else to do so) if the cost of those repairs is greater than £25.00, unless you get our prior written permission. If we do authorise any repairs then we will refund the cost to you if you produce a VAT receipt and whatever parts you have replaced.
11.If you break any of the terms of the Rental Agreement we are entitled to treat the Rental Agreement as terminated and to repossess the Vehicle. You hereby authorise us to enter your property to do so, if necessary.
12.While you are renting the vehicle, you will be liable as if you were the owner for any offences committed under the Road Traffic Acts (or similar legislation) and any other relevant loss in respect of the vehicle and its use during the rental period which results in the imposition of fixed penalties, fines, toll charges, excess charges or any Notices of Prosecution. You agree to us sending you any notices requesting such fines and that you will settle all such penalties and charges incurred in a timely manner so as not to cause us any loss. You agree to indemnify us against any costs, expenses and losses incurred by us as a result of any such penalties or charges. An administration charge of 15.00 (inclusive of VAT) to process the paperwork will also be payable to us for any penalty charges/fines/excess charges or driving offences we are notified of in relation to your hire.
a)pay the hiring charges published in our current tariff unless different charges have been agreed between us in writing;
b)pay for all fuel and any refuelling charge;
c)pay for any accessories, tyres, tools or equipment that are lost, stolen or damaged;
d)pay our costs of recovering the Vehicle in the event that you fail to return it to us as required by Section 8; or if the vehicle is impounded, towed away or seized by the police.
e)pay any penalties, fines and court costs incurred in the use of the Vehicle before it was returned to us;
f)safeguard our interests in the event of any accident involving the Vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, details to include registration numbers, makes, model and colour of any other vehicles involved, securing the Vehicle and, where appropriate, notifying the police. To also take pictures of damage to our and third party vehicles, the accident scene, road layout, etc. if possible. You must complete an Accident Claim Form fully and in a timely manner and provide any statements requested and provide all assistance required by our insurance company in order to defend or mitigate our claim/loss, up to and including attending any court proceedings/case that may result.
g)ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant level and automatic transmission oil level Adblue level (where fitted) are maintained throughout the period of the hire;
h)ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of, or damage to the vehicle or its tyres, tools, accessories, equipment or contents;
i)inform us immediately if the Vehicle is damaged, lost or stolen, or develops any fault or requires any servicing, and allow us to carry out essential repairs or servicing;
j)return the Vehicle (together with all its accessories, tyres, tools and equipment) to our representative at the place where it was hired (unless a different place is specified in the Rental Agreement) during our business hours, at or before the date ‘Due In’ shown on the Rental Agreement or earlier if we require it.
k)The Vehicle must, when you return it, be in the same condition as when you hired it (fair wear and tear excepted) and must be clean and tidy (normal traffic grime excepted). Smoking is prohibited in any of our vehicles. If the vehicle requires more that our standard valeting or if you have smoked inside the vehicle you will be charged £30.00 plus VAT. If the interior has been damaged in any way, then you will be responsible for the cost of rectifying the damage. Responsibility for such damage is not covered by CDW or our insurance cover.
l)If the vehicle is returned more than half an hour late after the ‘Due In’ time on the Rental Agreement you will be charged a full days hire at the current tariff. If you have gained our prior permission you will be charged an hourly rate of £10.00 per hour. In all other cases a full days hire will be charged.
m)No fuel refunds will be given.
n)If you hire the vehicle on a long term basis you must bring the vehicle to us, to inspect and to review and sign your extension paperwork at a frequency of no longer than three calender months.
You acknowledge that we may use and disclose data recorded in relation to this agreement to relevant third parties that may request such information. This may include such third parties as DVLA, police, insurance companies but not exclusively limited to these organisations.
This agreement will come to an end without further notice if a receiving order is made against you or being a company you go into liquidation, if you call a meeting of creditors, if distress or execution is levied against any of your goods or if you fail to perform or observe any of the terms of this agreement. Such termination will not affect our right to received payment of all charges due under the terms of the agreement and to seek compensation for additional costs incurred as a result of your failure to comply with your obligations. We shall immediately be entitled to repossess the vehicle at your cost.
In the event that any term of this agreement is held by a court of competent jurisdiction to be unenforceable or unlawful for any reason, such term will be held to that extent only to be removed from this agreement and the remainder of this agreement shall remain in full force effect.
This agreement is governed by and construed in accordance with the laws of the country in which the rental commenced. Any dispute arising out of the terms of this agreement will be determined exclusively in that country.
Any vehicle hired under this agreement may only be driven by authorised drivers, who have been approved in writing by the lessor. I understand that should I breach these terms an additional rental charge will be levied. (This extra charge will not offer any insurance cover, and the hirer and driver will remain responsible for any losses incurred by the lessor or any third party)
19.I understand my email address will be used to communicate with me regarding my Hire Agreement and payment schedule. You personal details may be supplied to a third party in order to recover any outstanding costs that we cannot recover. Your email address may also be added to our marketing database. You can opt out/review your subscription preferences at any time.
I authorise my credit/debit/charge/switch card to be charged, or to abide by the terms of any Customer Account in place, by the Lessor for this Rental Agreement, including the cost of hire, insurance excess if necessary (excess charge for each incident that results in any damage irrespective of fault or extent of damage), deposit, any subsequent extension of hire, late return charges, fuel short charges, overhead damage, any uninsured losses, Additional Driver charges, valeting charges and any other charges that may be due as a result of your hire of our vehicle. I understand that all charges must be paid at the time they become due and that the credit/debit/charge/switch card details I have provided has sufficient funds/credit to pay any charges that may reasonably be foreseen as due, and that any invoices issued will be paid via BACS by the due date. All individuals and companies detailed on the Hire Agreement can be held responsible for any charges outstanding, together with any person or company that has signed a Third Party Credit/Debit Card Form or confirmed their agreement to a Customer Account Facility. Failure to make payment on time will result in a £10.00 Late Payment Fee being added to the hire charges. Failure to make payments as due may result in the hire being terminated, insurance cover being cancelled, reported to the police as stolen, etc.
I understand the Terms & Conditions of Hire and by signing the Hire Agreement confirm my, and any other associated individuals or companies, agreement to them.