Any dispute concerning the interpretation of the terms, exceptions or conditions of this agreement shall be resolved in the English Courts and governed by the Laws of England.
1. In these terms and conditions “We” are the company named as the lessor on the rental agreement and “You” are either:
• The company named in box 1 on the rental agreement or (if that box is left vacant).
• The person named in box 3 & 5 on the rental agreement.
“Vehicle means the vehicle detailed on the rental agreement or such comparagraphble vehicle provided as referred to in clause 5b below.
2. If you have indicated in box 19 on the rental agreement that you want us to provide insurance cover for the vehicle then the following terms will apply:
(a) This agreement is subject to and includes all the terms of our current insurance policy the key provisions of which will be given to you prior to the conclusion of contract. A full copy of the policy can be inspected at our offices.
(b) The vehicle may only be driven by the following people:
• You personally(if your name is given in boxes 3 & 5 on the rental agreement)
• Or the person that signed the agreement on your behalf if you are a company whose name is given in box 1 on the rental agreement.
• Or any additional driver authorised by us if that person has completed an insurance proposal form and we have accepted it as detailed in box 21 on the rental agreement.
(c) Our insurance will not give complete cover. The amount of which is not covered is called excess. By signing box 22 on the rental agreement you have accepted that you will pay on demand the excess for which you are not covered.
(d) If you or anyone on your behalf deliberately causes damage to or 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.
3. If you have indicated in box 19 on the rental agreement that you want to provide your own insurance for the vehicle then the following terms will apply:
(a) It is your responsibly to insure the vehicle from the moment you take it, until the time it’s returned to us. This responsibility remains until the vehicle is physically in our possession and re-inspected at our offices. 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 on the policy. You will not be held liable for any damage to the vehicle or accidents when it is under the control of the lessors employees or agents.
(b) You hereby authorise your insurer to communicate directly with us and give us any information we require in respect of validating the insurance cover on the vehicle. 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 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.
(e) If for any reason the amount due which we receive from the insurance company is less than the loss we suffer then 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 are allowed to hire the vehicle under this agreement is from the date and time out in boxes 31 & 32 on the rental agreement to the date and time due back shown in box 36 on the rental agreement.
(a) We are entitled to terminate this agreement if you break any of its terms and will do so if a material breach occurs. If so advised you must return the vehicle immediately.
(b) If as a result of reasonable health and safety concerns we require the return of the vehicle earlier than the due back date even if you have not broken any of the terms and conditions. We shall provide you with a reasonable replacement vehicle and collect from you the current vehicle. We are entitled to collect the vehicle at a time and place convenient to both parties and the replacement vehicle minus defects shall then be the “vehicle” for the purpose of this agreement.
(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 times and dates referred to in section 5 above then where it is fair and proper for us to do so you will be liable for and to pay charges in accordance with the current tariff together with any reasonable costs and expenses we incur as a result of a breach by you of clause 12.A copy of our current tariffs can be inspected at our offices.
7. We are not liable to you:
For any loss or damage to any property which is carried in the vehicle or any property you leave in the vehicle when you return it to us except to the extent that such part of the liability or total liability is as a result of our negligence or breach of the terms and these conditions. If any third party brings a claim against us for property that is carried or left in the vehicle and you are liable for it you must reimburse us for our reasonable costs and expenses incurred.
8. The vehicle must not:
(a) Be taken outside England, Wales, Scotland, Northern Ireland or any British Isle on which the hire commenced without our prior written permission.
(b) To be used otherwise than on a public highway or a suitably paved area which is designed to take motor vehicles.
(c) To be used to propel or tow any other vehicle or trailer unless it is equipped for the purpose and we have given our written permission.
(d) To 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 used in an 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 that it was designed to carry or may lawfully carry.
(g) Be used in such a way as to make the insurance invalid.
(h) Be used in breach of any relevant legislation, regulation or bylaw from time to time in force.
(i) Be used by any person who is not licenced and insured to drive it.
(j) Be used by any person who is under the influence of drink 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, modified or added to in any way.
(m) The vehicle must not be used for any purpose for which you need an operators licence if you do not possess one. (operators licence is required if you carry goods for hire and reward or if you carry goods in connection with your trade or business).
9. You are not entitled 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 any repairs then we will refund the cost to you on production of a standard receipt which where VAT is charged shows the VAT element and the VAT registration number. In circumstance where it is reasonable and proper we may require you to return the parts that were replaced.
10. If there is any material breach of the terms of this agreement and we treat the agreement as terminated we reserve the right to repossess the vehicle from you and you agree that we may enter such parts of your property to retrieve the vehicle provide that we do not use any force nor cause any damage to your property.
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 3 of the road traffic offenders Act 1988, as amended, replaced or extended by any subsequent legislation or orders, and any such offence committed under the equivalent legislation applicable to Wales, Scotland and Northern Ireland or any British Isle upon which the vehicle is being used. An administrative fee of £25.00 + VAT will be charged for each and every offence.
(b) Any Excess charge which may be incurred in respect of the vehicle in pursuance of an order under section 45 and 46 of the Road Traffic Regulations Act 1984, as amended replaced or extended by any subsequent legislation or orders, and under the equivalent legislation applicable to Wales, Scotland and Northern Ireland or any British Isle upon which the vehicle is being used. An administrative fee of £25.00 + VAT will be charged for each and every offence.
(c) Any Penalty or charge which may be demanded by any person, corporation or authority as a result of the Vehicle having been parked or left upon any public or private land or road or in connection with any congestion zone charging. An administrative fee of £25.00 + VAT will be charged for each and every offence.
(d) The cost of repairing any over windscreen height damage however caused whilst the vehicle is in your possession.
(e) The cost of repair to or replacement of punctured, damaged or faulty tyres, wheels, glass or undercarriage caused to the vehicle including any specialist services call out charges whilst in your possession.
(f) To check AdBlue levels and to top up when required whilst on hire. If the AdBlue tank runs out this means the vehicle won’t run and you will be fully liable for any recovery costs and repairs to the vehicle which will be extremely costly.
(g) Any charges, costs and expenses as a result of you using the vehicle including any reasonable additional administrative charges 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 offices) unless different charges have been agreed between us in writing. See rates charged in boxes 42 & 43 on the rental agreement.
(b) Return the vehicle with the equivalent amount of fuel to that which was in the vehicle on the date out as recorded in box 33 on the rental agreement. Failure to do so will incur a refuelling charge to bring the fuel level up to the level recorded in box 33 on the rental agreement. You should note also that you are fully responsible for all refuelling charges throughout the period of hire of the vehicle. A copy of our current refuelling charges may be inspected at our offices. We will not reimburse you for any excess fuel that is left in the vehicle.
(c) Pay for any accessories, tyres, tools or equipment which are lost, stolen or damaged other than can be identified as the lessors negligence or breach of contract.
(d) Pay our reasonable and proper costs where we or our agents come to collect the vehicle in accordance with 5b above and you unreasonably fail or unreasonably refuse to allow us to collect the vehicle and replace it with a comparagraphble vehicle.
(e) Pay any penalties, fines and court costs incurred in the use of the vehicle during the hire period.
(f) In so far as you are able to and as soon as possible safeguard our interests including the interests of the insurers referred to in box 19 on the rental agreement or as set out in box 23 on the rental agreement as appropriate in the event of any accident involving the vehicle by obtaining the names and addresses of all relevant drivers and witnesses including registration numbers of any other vehicle involved, securing the vehicle and notifying the police.
(g) Ensure that the correct tyre pressures, engine oil level, coolant level and screen wash level are maintained throughout the period of the hire.
(h) Ensure the vehicle is always locked when unattended and take all reasonable steps to prevent loss or damage to the vehicle or its tyres, accessories, equipment or contents.
(i) Except in circumstance permitted in clause 9 above inform us at the earliest opportunity if the vehicle is damaged, lost ,stolen or has developed any faults or requires any servicing and allow us to carry out essential repairs.
(j) Return the vehicle with all its accessories, tyres, tool and equipment during our business hours at or before the time and dates referred to in clause 5 to our representatives at the place where it was hired unless a different place is specified in box 35 on the rental agreement except in the circumstances referred to in 5b.When you return the vehicle it must be in the same condition as when you hired it (fair wear and tear accepted) and must be clean and tidy (normal traffic grime accepted).