|
1. Your contract with us
These are the terms under which the vehicle is rented by the hirer ("you") by the lessor (“us”) and on which any insurance cover is provided for you by us. It is important that you read and understand these terms before you sign the Rental Agreement.
2. Period of hire
You will have the use of the vehicle described for the period specified on the rental agreement. With our written agreement you can extend the rental period but this shall not exceed 90 days in total.
If the vehicle is not returned by the due back time and date to the agreed place of return, our consent for your continued use of the, vehicle will automatically be withdrawn and we shall be entitled to charge you for each day or part of a day's unauthorised usage at the prevailing published full daily rate until the vehicle is returned or recovered
You will be responsible for the vehicle, its accessories and its parts and fully liable under these terms of rental from the time we give you the keys, or we leave them at the place and time which we have arranged with you in advance. You continue to be responsible and fully liable under these terms of rental until the vehicle and keys are returned to us by returning them to our authorised representative or any other method previously agreed in writing by us.
3. Your responsibilities to us
3.1 You must make payment on demand for all charges as set out in condition 7 below
3.2 You must look after the vehicle and keys to the vehicle, making sure it is locked and secured when not in use and properly protected against damage due to bad weather. You must ensure that the correct fuel is always used. When not in use, you must set and use any security device fitted to or supplied with the vehicle.
3.3 You must not sell, rent or dispose of the vehicle or any of its parts, or allow anyone else to have or obtain possession or rights over it.
3.4 You must not allow any work to be carried out on the vehicle without our permission. We will reimburse you for repairs on production of a receipt only where the repairs have been previously authorised by us
3.5 You must return the vehicle, in similar condition as when received, to the agreed place of return during our published hours of business and agree the physical condition of the vehicle with a member of staff. If the vehicle needs more than our standard valeting or 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 any waiver or our insurance
3.6 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 any equivalent 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 or excess charges. You also agree to us sending you any notices requesting such fines to the address given on the rental agreement and that you will settle all such penalties and charges incurred during the period of rental in a timely manner and 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
3.7 You will not smoke in the vehicle, Evidence of smoking will incur a £50 penalty charge.
4. Our responsibilities to you
When the rental starts the vehicle will be roadworthy and fit for normal use. If it is not, or it becomes unfit for normal use during the rental you should inform the rental location or telephone the emergency number given to you at the time of rental. If you have followed these terms we will endeavour to repair or replace the vehicle. We will not be liable for damages arising from defects other than defects or mechanical failures attributable to a breach of this warranty or a breach of any duty or law to take reasonable care of the safety of the vehicle. Nothing in these terms and conditions shall be deemed to exclude or restrict our liability for death or personal injury resulting from our negligence or any other liability which cannot be excluded as a matter of law
5. Personal property
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 by us after that time
6. Conditions of use
The vehicle must not be used or driven
6.1 by any person not named on the rental agreement as a driver or authorised by us in writing and holding a full valid current driving licence.
6.2 for the carriage of passengers for hire or reward,
6.3 for any unlawful purpose or in any way which breaks the Highway Code, road traffic laws or any other laws,
6.4 for racing, pacemaking, reliability trials, speed testing or driving tuition,
6.5 to carry a number of passengers and/or baggage which would cause the vehicle to be overloaded, or in the case of a commercial vehicle a payload which exceeds the maximum payload and individual axle plated weights or for a purpose which requires an Operator's Licence without fulfilling your duty at law to obtain one,
6.6 without our prior written consent outside England, Scotland and Wales
6.7 while in an unroadworthy condition or while failing to comply with any statutory provision,
6.8 for carrying corrosive, radioactive, inflammable, explosive or other harmful substances,
6.9 for carrying anything which due to its smell or condition will harm the vehicle or prevents us from hiring the vehicle again immediately
If you do not follow these terms you will have to pay us any charges, damages and expenses we have to pay for any loss you cause. You may also lose the benefit of any liability waivers which you have purchased
7. Mileage limits
Hires for a period of less than two days are limited to 200 miles. Hires for a period in excess of 28 days are limited to 75 miles per day (2100 miles per 28 day period). All other hires will have unlimited mileage usage, unless otherwise agreed.
8. Charges
All charges are calculated in accordance with our current tariff and on the basis of your use of the vehicle as specified. Unauthorised usage may incur additional charges as published in our current tariff available at the rental location
You will pay on demand charges including
8.1 the rental and other ancillary charges calculated in accordance with this agreement,
8.2 any charge for losses or damage outlined in condition 3.3 and 3.6,
8.3 a refuelling service charge where the vehicle is returned with less fuel than when the rental began. The refuelling service charge is based on the rates published at the rental location
8.4 the full cost of repair or replacement for damage or loss including theft including any towing and storage costs, howsoever caused, regardless of fault, to the vehicle to me extent you have not elected to restrict that liability by agreeing to pay the Collision Damage Waiver charge or not arranged appropriate insurance to limit your liability for such costs,
8.5 a loss of revenue charge whilst the vehicle is being repaired or whilst we secure reimbursement of the vehicle value, where such losses are not covered by the Collision Damage Waiver. Charges for loss of revenue will be calculated at our normal published daily rate from the time the vehicle is incapable of rental until its repair or in the case of write-off until full payment of the vehicle value is received, subject in each case to a maximum liability of 30 days rental charges. In either case, we will take all reasonable steps to ensure prompt repair or payment,
8.6 An excessive cleaning charge, resulting from animals travelling in the vehicle. Cleaning will be chargeable at the rate of £25 per hour
8.7 any delivery and collection charges,
8.8 Value Added Tax and all other taxes on any of the charges listed above as appropriate,
8.9 interest, which shall accrue daily at the rate of 4% per annum above the base lending rate of Barclays Bank plc from time to time on any sum that is not paid when due
If you have requested that some other person or company should be responsible for the charges you will nevertheless remain liable for payment of these charges
|
