Terms and Conditions
Terms and Conditions
A. For the purposes of this agreement, the lessor is the company overleaf.
B. The "Hirer" means the person, firm or organisation by or on behalf of whom this agreement is signed.
C. "Authorised Driver" means the driver(s) additional to the hirer approved as specified overleaf.
1. The vehicle will not be used:
(i) For the carriage of passengers or property for hire or reward.
(ii) For racing pacemakin, reliability trials, speed testing or driving instruction.
(iii)To propel or tow any other vehicle or trailer.
(iv) In violation of the provision of any act, order or regulation affecting the use, loading or condition of the vehicle or for any illegal purpose.
(v) Outside the United Kingdom Mainland without express agreement in writing of the lessor.
2. The vehicle may not be driven by any person:
(vi) Other than the hirer or an authorised driver
(vii) Who is under the age of 21 or over the age of 70
(viii) Who has not held a driving licence for a minimum period of 24 months
(ix) Who is under the influence of alcohol or any substance which may impair their ability to drive.
Except that sub-clauses (i) and (ii) are subject to the lessors discretion upon hire of the vehicle.
3. The hirer undertakes to return the vehicle in a clean condition with all tyres, tools and radio and any other accessories in the same condition as when received, ordinary wear and tear expected, to the place and on the date set down overleaf.
4.(i) The hirer is responsible for all damage whatsoever caused by either misuse or negligence, and for all tyre repairs or replacements, and for any broken window and lights and for any damage to the interior of the vehicle.
(ii) The hirer agrees to take all reasonable steps to protect the vehicle against any theft or damage and the lessor shall seek to recover the loss of the vehicle from the hirer in the event that the keys are left in the vehicle unattended.
5.(i) Notwithstanding the lessors right to demand payment of the hire charges at an earlier time, payment of the hire charges incurred under this agreement shall be required to be made within 12 months beginning with the date of this agreement and in no more than 4 instalments
(ii) The authorised period of rental under this agreement cannot exceed 85 days from commencement of this agreement.
(iii) The hirer confirms that they are aware of the hire rates plus any additional surcharges charged under this agreement, and that any such charges are incorporated within this agreement.
(iv) In the event that the hirer does not qualify for the lessors insurance and the lessor allows the hirer to arrange adequate insurance cover for the hire vehicle, an administration charge will be levied of £50 minimum or £100 maximum subject to the period of the hire.
(v) The hirer undertakes that, in the event that terminate the hire under this agreement in order to accept the provision of any other hire vehicle from any other source, for use in place of the hire vehicle provided under this agreement, the hirer will pay forthwith all charges incurred under this agreement from commencement of cessation of hire.
(vi) The hirer will pay the lessor on demand all charges incurred under this agreement, plus VAT at the rate appropriate at the time of hire.
6. The hirer will provide to the lessor details of a debit and/or credit card, which the lessor will hold on file for this current and for any future agreements that the hirer may have with the lessor. Where the lessor holds on file a debit and/or credit card for any and all sums that may become due from time to time in line with this agreement. This included, but is not limited to the currently due amount, any administration charges, extension or additional charges resulting from the rental.
7. The hirer has no rights whatsoever as a keeper, agent or owner of the hire vehicle and any additional driver(s), must be authorised by the lessor. Any unauthorised driver will not be indemnified under the lessors’ policy, nor will they have the lessors’ permission to drive the hire vehicle and the lessor will deem any breach of this as theft.
8. Surcharges and extras are charged in addition to the hire rates as detailed in the published tariff. The additional driver charge is daily for authorised drivers only and is subject to full terms of hire under this agreement.
9. The lessor will arrange comprehensive insurance cover subject to an excess as stated overleaf, the excess may be set aside or reduced by the additional payment of a collision damage waiver (CDW) subject to condition 4. Wherever the hirer has purchased CDW the lessor shall accept the hirer from all liabilities of loss of hire only, resulting in damage caused to the vehicle whatsoever caused, subject to condition (4) herein.
It is a requirement of the policy that every accident, no matter how minor, involving the vehicle be reported at once to the lessor and that an accident report form must be completed within 24 hours, the hirer or any authorised driver will:
(x) Obtain the name and address of the 3rd party and any witness
(xi) Make no admission of liability
(xii) Deliver the lessor all summonses, writs and documents received.
(xiii) Not aid or abet any claimant but cooperate fully with the lessor and the insurance company in the investigation and defence of any claim.
(xiv) In certain cases comprehensive insurance cover for the hired vehicle will be arranged by temporary additional vehicle cover through the hirers' own insurance company. A charge for this cover will be levied by the insurer which shall be the responsibility of the hirer and form part of the sums due under this agreement.
10. The hirer will at the request of the lessor do all that is required by the lessor and permit his/her name to be used by the lessor for enforcing any rights or remedies against any third party in connection with any damage to the hired vehicle.
11. The hirer will ensure that any authorised driver will comply with all the conditions of this agreement.
12. The lessor agrees to hire and the hire agrees to take the vehicle described overleaf on the conditions as set out in this agreement.
13. The hirer warrants that the information provided for insuring the vehicle is true and that he/she is in good health and does not suffer from any illness or bodily impairment which will prevent him from driving in accordance with the laws of the United Kingdom and further more would not invalidate the policy of insurance affecting the vehicle.
14. In accordance with the road traffic act 1974 section 1.5 and schedule 1 the hirer shall be liable as the owner of the vehicle in the respect of:
(i) Any of the following offences which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice is issued being on a road during the hours of darkness without the lights or reflectors required by law, waiting or being left or parked, or being loaded or unloaded in the road, being used, or kept on a public road without the vehicle licence being exhibited on the vehicle to the prescribed manner and the non-payment of the charge at a street parking place, and
(ii) Any excess charge which may be incurred in pursuance of an order under sections 35 and 36 of the road traffic regulation act 1967 (provision on highways of parking places where charges are made) and
(iii) Any fixed penalty offence committed in respect of that vehicle under part III of the transport act 1982 and
(iv) Any excess parking charge which may be incurred in respect of that vehicle in pursuance of an order under sections 45 and 46 of the road traffic regulation act 1984.
15. The hirer will immediately inform the lessor of any fault in the vehicle and will not use the vehicle whilst it is in an unroadworthy condition.
16. The lessor accepts no responsibility for delays and/or consequential losses from breakdown or from any other circumstances.
17. The lessor will not waive any of his rights under this agreement except in writing signed by a duly authorised representative of the lessor.
18. If for any reason the vehicle described overleaf, or any other vehicle from time to time being the subject matter of this agreement, shall become unroadworthy for whatsoever reason, the lessors shall have the right at their discretion and not otherwise, to replace the vehicle with an alternative vehicle of similar seating capacity and performance, but if no such alternative vehicle is available or if the lessor shall decline to provide an alternative vehicle, then there shall be credited to the customer such of any hire charges paid by him as represents the unexpired portion of the hire period, but he/she shall have no other claim of any kind whatsoever against the lessor.
19. This agreement may be terminated by either party giving 24 hours written notice of termination and the vehicle shall be returned to the lessor.
20. Except where the context otherwise requires words denoting the singular include the plural and vice-versa, words denoting persons include firms and corporations and vice-versa.
21. All references to statutory provision shall be constructed as including references to:
(i) Any statutory modification, consolidation or re-enactment (whether before or after the date of this agreement) for the time being in force
(ii) All statutory instruments or orders made pursuant to a statutory provision
(iii) Any statutory provisions of which a statutory provision in a consolidation, re-enactment or modification
(iv) Any reference to the hirer includes, where appropriate their personal representatives.
22. The hirer shall allow the lessor and its representatives from time to time to inspect the test vehicle, to enter any premises where the vehicle may be. The hirer shall be responsible for the cost of any damage or cost reasonably incurred by the hirer or its representatives in pursuing the aforesaid.
23. Breakdown service: please note – breakdown cover is in respect of mechanical/electrical breakdown only. Incidents such as loss of keys, lock outs, running out of fuel, punctures etc. are not covered and will be subject to a surcharge.
24. Petrol: please note cars must be returned with the same amount as stated on the front of the contract otherwise you will be subjected to a £10 surcharge and cost of petrol.
25. This agreement incorporates all the terms agreed between the lessor and the hirer and can only be varied by the written agreement of both parties on or after the agreement date.
26. Collision damage waiver. In accepting the terms and conditions the hirer agrees to the CDW charges as identified within this agreement in consideration on behalf of the lessor to reduce the excess liability, in event of accident damage, from £500 to £100.