Any dispute concerning the interpretation of the term’s exceptions or conditions of this agreement shall be resolved in accordance with the jurisdiction of the territory in which this agreement was issued.
a) In these terms and conditions: “We” are the company named as the Lessor overleaf, and “You” are either: the company or person named overleaf
b) “Vehicle” means the vehicle detailed overleaf
2. If you have indicated overleaf that you want us to provide insurance cover for the vehicle and/or Additional Insurance then the following terms will apply:
a) This agreement is subject to, and includes, all the terms of our current insurance policy, a copy of which can be inspected at our office.
b) The vehicle may only be driven by the following people:
c) Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess. This is detailed overleaf. By initialling the box, you are accepting liability for the excess amount. This is applied to the total cost of the claim, including any third-party claims.
d) You have the option of reducing your insurance excess to a lesser amount by paying an additional charge per day. This cost of this varies per vehicle type.
e) DAMAGE TO TYRES AND GLASS ARE NOT COVERED BY THE INSURANCE and you will be responsible for any repair costs in full
f) If you or anyone on your behalf deliberately causes damage to or loss of the vehicle or causes any overhead damage above the windscreen then you will have to pay for the cost of repair of replacement of the of the Vehicle, even though it was insured at the time.
g) Any damage caused by misuse or abuse (e.g. overloading, smoking, off road etc) to the vehicle or any of its equipment will not be covered by the insurance policy, charges may apply and taken from the nominated payment card.
If you have indicated overleaf 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 form 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 which you may 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, which relates to the Vehicle then you must ensure that the money is paid direct 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.
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.
4. Any person signing this agreement on behalf of a company must be authorised to do so, and if not so authorised will be personally liable to pay all sums due under this agreement to the extent that the company fails to pay them.
5. The maximum period for which you can keep the vehicle under this agreement is from the Date and Time Out overleaf to the Date and Time Due Back, which is shown in the box underneath. 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 provide you with a comparable vehicle, earlier than the due back date, and collect from you the current vehicle, even if you have not broken any of the terms and conditions of this agreement, and the comparable vehicle shall then be, for the purposes of this agreement, the ‘vehicle’.
c) In any event the maximum period for which you can hire the Vehicle is 90 days.
6. If you keep the vehicle beyond the Date and Time Due Back (or after we have required its return as above) then, in addition to any claim for compensation which we may bring, you will have to pay charges in accordance with our current tariff which can be inspected at our office. Extensions must be agreed and paid for before the contract end date.
7. We are not liable to you for any loss of or damage to any property, which is carried in the Vehicle, and we do not accept responsibility for any property, which you leave in the Vehicle when you return it, unless we have been negligent. 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.
8. The Vehicle must not:
a) Be taken outside the mainland of England, Wales, Scotland, on which the hiring commenced, without our prior written permission.
b) Be used otherwise 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 clause 3 of this agreement.
e) Be used for any unlawful purpose, or for neither racing, pace making, competitions or speed testing, nor must it be 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 in any way to make the insurance on the Vehicle invalid.
h) Be used in breach of any relevant legislation, regulation or by law from time to time in force.
i) Be used by any person who is not licensed and insured to use it.
j) Be used by any person who is under the influence of alcohol or drugs.
k) Be used in the event of any mechanical, electrical or structural failure or damage, if further damage might be caused as a result.
l) Be altered or added to in any way whatsoever.
m) Be driven in such a manner which causes irreparable damage to one of its components e.g. gear box, engine, clutch plate.
n) Any Breach of this hire agreement or Insurance conditions will invalidate any reduction of Insurance Excess liability purchased via a Waiver and you may be liable for the total costs or losses involved.
9. You are not allowed to carry out any repairs to the Vehicle (or let anyone else do so) if the cost of those repairs is more than £25, unless you obtain our permission first. If we do authorise repairs, then we will refund the cost to you if you produce a VAT receipt and whatever parts have been replaced.
10. If you break any of the terms of this agreement, we are entitled to treat the agreement as terminated and to repossess the Vehicle and seize any goods in the vehicle until your owed debt has been paid in full. You hereby authorise us to enter on your property to do so if necessary.
a) Our vehicles may have a tracking device installed. This is for insurance purposes and enhanced vehicle information.
11. You are liable for certain charges as if you were the owner of the vehicle. Those charges are:
a) Any fixed penalty offence committed in respect of that Vehicle under Part III of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which the Vehicle is being used.
b) Any excess charge which may be incurred in respect of that Vehicle in purchase of an Order under section 45 and 46 of the Road Traffic Regulation Act 1984, or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
c) Any financial penalty or charge which may be demanded by a third party as a result of the vehicle having been parked or left upon land which is not a public road.
d) Any loss of use of the vehicle whilst it is being repaired until it is available to rent or until the full and final settlement of the vehicle loss is received.
e) Any expenses caused as a result of you hiring the vehicle to a third party. This includes damages, fines, impounding or any other issue whilst the vehicle is in your care.
f) Any charges, costs and expenses as a result of you using the vehicle, arising from or incidental to any person, firm, company or regulatory body, impounding or taking possession of the vehicle, save to the extent that any insurance policy covers such costs and expenses.
12. You must:
a) Pay the hiring charges published in our current tariff (which can be inspected at our office) 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, which are lost, stolen or damaged.
d) Pay any excess mileage charges incurred whilst hiring the vehicle. Our mileage caps are 250 per day for the first two days. It is then based on 1000 for the first week and 2500 for a 28-day hire.
e) Pay our costs of recovering the vehicle if you fail to return it to us as required by (j) below.
f) Pay any penalties, fines and court costs incurred in the use of the Vehicle. You will be charged an administration charge of £25+VAT per offence (e.g. congestion charge, parking ticket etc)
g) 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 including registration numbers of any other vehicles involved, securing the Vehicle and, where appropriate, notifying the police.
h) Ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
i) 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.
j) Inform us immediately if the Vehicle is damaged, lost or stolen, develops any fault or requires any servicing and fully co-operate with us to arrange any essential repairs or servicing required. You may need to take the vehicle to a service/repair agent within reasonable distance to complete any works.
k) Return the vehicle (together with all its accessories, tyres, tools and equipment) to our representative at the place where it was hired during our business hours, at or before the Date and Time Due Back (indicated overleaf) or earlier if we are entitled to it. 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).
l) BREAKDOWN / EMERGENCY COVER - All rental vehicles are provided with emergency out of hours breakdown cover. The number is 0800 107 5868
Please note that if there is a charge from the breakdown assistance provider for attendance then you will be liable for the cost in the case of driver error or damage. Minimum call out fee is £95+VAT. Make sure to ring reception first if within working hours, unauthorised call outs will be billed.
13. Payment Authorisation
a) You authorise us to be able to take funds from any of your given payment credit or debit cards without you being present. This is for any costs incurred in relation to your hire.
Motor Insurers and their agents share information with each other to prevent fraudulent claims and to assess whether insurance cover can be offered. IN dealing with the proposal, registers may be searched. IN the event of a claim, the information supplied on this form and the claim form may be put on the register and made available to others. Insurers and their agents reserve the right to confirm licence details with the DVLA