Terms & Conditions
Please read these terms and conditions carefully before you hire a vehicle from us. If there is anything you do not understand please ask any member of our office staff. It is important that you fully understand and accept this written contract, as it is our intention to adhere to it.
Any dispute concerning the interpretation of the terms, exceptions or conditions of the Rental Agreement shall be resolved in accordance with the jurisdiction of the territory in which the Rental Agreement was issued.
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, including any replacement. ‘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. You remain responsible for any breach of this Agreement by the Driver. The Driver is also responsible for complying with this Agreement as if he were you. “Driver” is the person whose name appears on the form as the Driver. Only the Driver may drive the Vehicle unless we allow an Additional Authorised Driver. References in this Agreement to Statutes (however described) are references to those Statutes as amended and include reference to those as extended or applied, by or under any other enactments, including any other provision of the Statutes.
You shall be bound by the following terms and conditions which will incorporate the details in the Rental Agreement.
All current tariffs, rates and insurance policies referred to in the Rental Agreement and herein may be inspected at our offices.
PERIOD OF HIRE
The maximum period for which you are allowed to keep the Vehicle under the Rental Agreement is from the ‘Date/Time Out’ until the ‘Date/Time Due in’ referred to in the Rental Agreement.
With our agreement you may extend the rental period, in which case the new agreed date and time for the return of the Vehicle becomes the Agreed Date/Time In. You will authorise us to obtain further payment from your credit/debit card details that you supplied to us at the time of booking. We may request you to confirm this in writing.
In any event, the maximum period for which you can hire the vehicle is 90 days.
If you are in breach of this Agreement we can end the rental before the Date/Time In. You will no longer have possession of the Vehicle with our consent.
We can also take back the vehicle without notice if we reasonably think that you are in breach of any of the conditions of this Agreement or have given us incorrect information. You hereby authorise us to enter your property for the purposes of recovering the Vehicle where there has been a breach of this Agreement.
We are entitled to terminate this agreement earlier than the Date/Time Due In shown on the Rental Agreement, even if you have not broken any of the terms of the Agreement, but we must then provide you with a comparable vehicle.
If you keep the Vehicle beyond the Date/Time Due In (or after we have required its return, as above) then, in addition to any claim for compensation which we may bring, you will also have to pay charges in accordance with our current tariffs.
WHAT YOU AGREE FROM THE OUTSET
For the purposes of this Agreement AND any insurance provided you agree that:-
The information which you have given us and which is entered on the form is true. Incorrect information can invalidate any such insurance.
No-one named on the form as the Driver or Additional Driver:-
- Has ever been refused motor insurance;
- Is disqualified in any country from driving a Vehicle;
- Is subject to any current Court Order for the endorsement of his Driving Licence which does not yet appear on that Licence; pending court proceedings for a road traffic offence which can attract penalty points; a criminal conviction for a driving offence which has not been disclosed to us; or any physical or mental disability which affects his ability to drive a Vehicle;
- Has been disqualified at any time from driving for any alcohol or drug related offence.
You will inspect the Vehicle before you drive it and tell us if you notice any problem with it (including any damage which has not been mentioned or on the inspection form);
You will obtain and comply with any authorisation, licences or permits which are required for the driver to drive or operate the Vehicle;
You will indemnify us against:-
- Any liabilities, costs and expenses (including legal costs) which are not covered by insurances taken out by you; and
- All claims by or against us resulting from your failure to comply with any of the terms of this Agreement or with the terms of any insurance policy effective during this Agreement.
You will comply with the terms of the relevant insurance polices.
The Vehicle must not:
- Be driven by any unauthorised driver (i.e. anyone not named as a driver on the hire agreement)
- Be taken outside England, Wales, Scotland, Northern Ireland or any British Isle on which the hiring commenced, without our prior written permission;
- Be used other than on a public highway or a suitably paved area which is designed to carry motor vehicles;
- Be used to propel or tow any other vehicle or trailer, unless it is equipped for the purpose and we have given our permission in writing;
- 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 which we will inspect prior to hire;
- Be used for any unlawful purpose, or for racing, pace making, competitions or speed testing, or any other hazardous or unusual uses, nor must it be used in any unlawful manner;
- 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. Any loads will be adequately secured and you will not carry hazardous, inflammable or dangerous substances;
- Be used for purposes which require the holding of an OPERATOR’S LICENCE without having such authorisation. You agree that if the vehicle is detained by the Vehicle Inspectorate for its illegal use that you will be responsible for any charges incurred in recovering the vehicle and for any consequent loss of rental income by us or the Lessor and any fines or penalties awarded;
- Be used in such a way as to make the insurance on the Vehicle invalid;
- Be used in breach of the Road Traffic legislation or the Construction and Use Regulations;
- Be used by any person who has not been authorised by us;
- Be used by any person who is under the influence of alcohol or any substances that may impair driving;
- Be used in the event of any mechanical, electrical and structural failure or damage, if further damage would be caused as a result;
- Be altered or added to in any way whatsoever;
You must ensure that the correct fuel is always used. Cost of vehicle recovery, repair and refuelling of a vehicle where incorrect fuel has been added will be charged to you.
Regularly check, and maintain the correct levels of engine oil, tyre pressure, battery fluid level, screen wash and coolant throughout the hire period;
You will take proper care of the Vehicle and the keys to the Vehicle at all times. You will ensure the Vehicle is locked and secured when not in use, and use any security devise fitted or supplied with the vehicle.
You will inform us immediately of any damage to or loss of the vehicle, or if it not working correctly. If further damage could be caused to the vehicle by continuing to use it when it has been damaged or is faulty you must not continue to use it. You will make the vehicle available for repairs and scheduled servicing.
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, 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.
Apart from expenses authorised by us we will not be responsible for any losses you may incur because of any defect or breakdown of the Vehicle.
You must return the Vehicle to the Renting Location by the due Date/Time In, or the Agreed Extended Date/Time In or at once if this Agreement is terminated beforehand. If you do not return the Vehicle we may take it back wherever it may be at your expense.
If the Vehicle is not returned on time we will report to the police that it is no longer in your possession with our consent nor covered by insurance.
Before you return the Vehicle you must check that you have not left any personal belongings or property in the Vehicle. If we find any property which has been left in the Vehicle and this property has not been reclaimed within 48 hours of the end of the rental period we reserve the right to dispose of it and charge you for the reasonable cost of disposal. You will also be liable for any reasonable costs we incur in holding the property and any reasonable administration costs (including the cost of posting property to you if so requested by you.
If you fail to return the Vehicle to the Renting Location you will pay the cost of collection and full rental charges to the time of return to the Renting Location.
Your responsibility for the Vehicle continues until the keys have been handed to one of our office employees.
You will not sell, rent or dispose of the Vehicle in any way nor represent that you are the owner of the Vehicle or our agent. You will not remove or change any name or other mark identifying ownership of the Vehicle.
You are liable for certain charges as if you were the owner of the Vehicle. Those charges are:
- 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 other British Isle.
- Any excess charge which may be incurred in respect of that Vehicle in pursuance 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.
- Any financial penalty or charge that may be demanded by a third party as a result of the Vehicle having been parked or left upon land that is not a public road.
- Any financial penalty as a result of the entry into any restricted zones (including bus lanes).
We also reserve the right to charge for administration costs for responding to police and other authorities.
If the Vehicle needs more than our standard cleaning then you will pay the extra cost of cleaning it.
- Pay the hiring charges published in our current tariff unless different charges have been agreed between us in writing;
- Pay for all fuel and any refuelling charge. No credit will be given for any fuel in excess of that provided by us at the start of the rental period;
- Pay for any accessories, tyres, tools or equipment that are lost, stolen or damaged;
- Pay our costs of recovering the Vehicle in the event that you fail to return it to us as required or for recovery should the vehicle be damaged
- Pay any penalties, fines and court costs incurred in the use of the Vehicle including any recovery charges arising from the Vehicle and Operator Services Agency (VOSA), HM Revenue & Customs (HMRC), the police, or any other public organisation that has seized the Vehicle.
Any rate for delivering and collecting the Vehicle, a charge for an extra driver or returning the Vehicle late and charges for accessories such as satellite navigation systems and other similar items.
Payment will be made in advance by credit/debit card only and if you notify us of an extension to your rental period, payment will be taken accordingly.
Mileage charges, if applicable, will be based on the milometer fitted to the Vehicle. It will be read and recorded at the beginning and end of the rental period. If we think there has been a malfunction we may make a reasonable estimate of mileage.
You authorise us to process all amounts due to us under this Agreement on your supplied credit/debit card (including re-fuelling charges and any other sum which you may be liable to pay to us under this Agreement).
INSURANCE AND WAIVERS
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:
- 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.
- 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.
- 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.
- If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss.
- 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.
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); the Rental Agreement shows whether you have accepted or refused the option (if available) to pay the additional charge, and the Excess for which you are not covered.
You may also have the ability to take out additional insurance; this will be indicated in the Rental Agreement showing the further charges incurred.
The vehicle may only be driven by drivers authorised by us and that person has completed and signed an insurance proposal and we have accepted it.
Please note that our insurance will not relieve you of your liability in respect of damage to the Vehicle or to Third Party claims if:
- The Vehicle or third party property is damaged by the vehicle or its contents striking an overhead obstruction or low level objects
- You or any authorised driver were driving dangerously or using the Vehicle whilst unfit through drink or drugs or with blood alcohol level in excess of that permitted by law
- The damage arose as a result of your failure to comply with any of Your Responsibilities detailed within these Terms of this Agreement
In addition to your other obligations you must comply with the provisions of the relevant Insurance Policies or Waivers of your own insurance policy if you arrange your own insurance.
Also you may not use the Vehicle for any purpose or in any circumstances prohibited by this Agreement. If you do, you will not be covered by the relevant Insurance Policy or Waiver.
You must not do anything else or allow anything else to be done which could lead to any relevant Policy being made void.
If you or anyone on your behalf deliberately causes damage to or the loss of the Vehicle then you will have to pay the cost of repair or replacement of the Vehicle, even though it was insured at the time.
We are not liable to you for any loss of or damage to any property that 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.
IF THE VEHICLE IS STOLEN OR INVOLVED IN AN ACCIDENT
If the Vehicle or insured contents are stolen or unlawfully taken or involved in any accident you must:-
- Make no admission of liability to anybody. Obtain names and addresses of all witnesses and provide them to us;
- Give full details at once to us and the insurers and then confirm that notification in writing within 24 hours. (If you are injured and prevented from reporting the accident in this way, you must do so within a reasonable time);
- Ensure that the Driver completes and delivers to us an accident report form for delivery to insurers within 7 days of the accident;
- Inform the Police of any theft or unlawful taking;
- Send to us at once any letters received from any third party and any writ, summons or other document relating to court proceedings;
- Help us and the insurers in dealing with the court proceedings. This includes allowing legal actions to be taken in your name and defending any proceedings taken against you
OUR RESPONSIBILITIES TO YOU
We have maintained the Vehicle in accordance with the manufacturer’s recommendations. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period.
If the Vehicle becomes un-roadworthy we may at our discretion replace it. The replacement will be as similar as possible to the Vehicle you originally rented. If we do not replace the Vehicle we will give you a refund of the un-expired charges.
Pre-paid bookings are non-refundable. We will require a minimum of 48 hours notification of any amendments or cancellation to avoid our administration cost or loss of rental fee.
Data recorded in relation to this Agreement:-
- May be used and disclosed by us in order to identify other products or services which might be relevant to you and for statistical analysis (including credit scoring);
- May be disclosed by us to any debt collection, credit reference, vehicle recording or other relevant body, in the event that you are in breach of this Agreement
The laws of the country where this Agreement is signed by you apply to this Agreement any court proceedings in relation to it shall be conducted in that country.