|
Terms & Conditions
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.
1. (a) 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. '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.
(b) You shall be bound by the following terms and conditions which
will Incorporate the details
in the Rental Agreement.
(c) All current tariffs, rates and insurance policies referred to in
the Rental Agreement and herein
may be inspected at our offices.
2. If you have indicated in the Rental Agreement that you want us to
provide insurance cover for the
Vehicle and/or Additional Insurance then the following terms will
apply:
(a) The Rental Agreement is subject to, and includes, all the terms
of our insurance policies.
(b) The Vehicle may only be driven by the following people:
-you personally
-the person who signed the Rental Agreement on your behalf if you
are a company
-any additional driver authorised by us if that person has completed
an insurance proposal
form and we have accepted it.
(c) 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, 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.
(d) You may also have the ability to take out additional insurance,
this will be indicated in the
Rental Agreement showing the further charges incurred.
(e) If you or anyone on your behalf deliberately causes damage to or
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.
(f) Insurance does not cover tyres, windscreens, the roof and the
underside of the vehicle. You
will therefore be liable for any damage to these items. You are
responsible for any loss or
damage to additional equipment hired at the time of rental,
including but not limited to
satellite navigation equipment, baby seats etc.
(g) You are responsible for the full value of any damage to the
vehicle caused by hitting low-level
objects, such as bridges or low branches.
(h) In the event of the keys being lost or damaged, you will be
liable for the full cost of obtaining
a replacement.
(i) Should the vehicle be immobile due to an accident/damage it will
be deemed to be on rent
and therefore any additional rental charges will become applicable
until the vehicle is ready
for rental.
(j) Insurance does not cover any damage caused whilst the vehicle
has been driven through a
river, flood, or stream.
3. 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:-
(a) It is your responsibility to insure the vehicle from the moment
you take it until the time that
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.
(a) The driver signing this agreement on behalf of a company also
accepts liability as though he
was the hirer and agrees to pay the charges in the event the company
does not.
5. The maximum period for which you are allowed to keep the vehicle
under the Rental Agreement
is from the 'Date Out' until the date 'Due in' referred to in the
Rental Agreement. 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 call for the return of the Vehicle earlier
than the date 'Due In' shown on the
Rental Agreement, even if you have not broken any of the terms of
the Rental Agreement,
but we must then provide you with a comparable 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 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 tariff which may from
time to time be in force.
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 England, Wales, Scotland, Northern Ireland or
any British Isle on which the
hiring commenced, without our prior written permission.
(b) be used other 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.
(e) be used for any unlawful purpose, or for racing, pacemaking,
competitions or speed testing,
nor must it be used 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
any other part) or is carrying more passengers or goods than it was
designed to carry or may
lawfully carry.
(g) be used in such a way as to make the insurance on the Vehicle
invalid.
(h) be used in breach of the Road Traffic legislation or the
Construction and Use Regulations.
(i) be used by any person who is not licensed and insured for 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 would be caused as a result.
(l) be altered or added to in any way whatsoever.
9. You are not allowed to carry out any repairs (or let anyone else
do so) if the cost of those repairs
is more than £25, unless you get our written permission first. 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.
10. If you break any of the terms of the Rental Agreement we are
entitled to treat the Rental
Agreement as terminated and to repossess the vehicle. You hereby
authorise us to enter on your
property to do so if necessary.
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 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.
(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.
12. You must:
(a) pay the hiring charges published in our current tariff 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 our costs of recovering the vehicle in the event that you
fail to return it to us as required
by (j) below.
(e) pay any penalties, fines and court costs incurred in the use of
the Vehicle before it is returned
to us.
(f) 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.
(g) 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.
(h) 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.
(i) inform us immediately if the Vehicle is damaged, lost or stolen,
or develops any fault or
requires any servicing, and allow us to carry out essential repairs
or servicing.
(j) return the vehicle (together with all its accessories, tyres,
tools and equipment) to our
representative at the place where it was hired (unless a different
place is specified in the
Rental Agreement) during our business hours, at or before the date
'Due In' shown on the
Rental Agreement or earlier if we require 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). Any vehicle returned ‘out of hours’
will remain the hirers
responsibility until such time as it has been checked in by our
representative.
Motor insurers and they’re agents share information 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 ans made available to
others. Insurers and their agents reserve the right to confirm
licence
details with the DVLA.
The Rental Agreement and Terms and Conditions are protected by
copyright owned by Nexus Business Solutions Plc.
[VERSION NUMBER 1.001]
Insurance Excess
All cars are subject to a £500.00 excess
payable in the event of any damage to the vehicle
All vans are subject to an excess of £750.00 in the
event of any damage to the vehicle
OTHER INFORMATION
Mobile Phones and Driving
On 1st December 2003, a new regulation came into force regarding
mobile phones and driving. It is now a criminal offence to use a
hand held mobile phone or similar device while driving.
The penalty is a £30 fixed fine (or up to £1,000 on conviction in
court).
This prohibition applies when driving, which also includes moments
of being stationary (such as at a traffic light or stuck in traffic)
when a vehicle can expect to move after a short while.
The legislation also covers texting, taking pictures and accessing
the internet with your mobile phone.
Legitimate 999 calls are exempt from this regulation, but only when
it would otherwise be unsafe or not viable to stop.
The above is a guide only and you should seek legal advice if you
are in any doubt as to whether any particular action is prohibited.
London Congestion Charging
From February 17th 2003 Congestion Charging began to operate in the
heart of London. The congestion charging zone is bounded by the
'Inner Ring Road' linking Euston Road, Pentonville Road, Tower
Bridge, Elephant & Castle, Vauxhall Bridge Road, Park Lane and
Marylebone Road. The 'Inner Ring Road' provides a route around the
charging zone, and charges apply only to vehicles travelling inside
it. Not those travelling on it. Drivers are warned on roads leading
into the zone, that they are approaching the charging zone.
Everyone (except those exempt or discounted) driving or parking a
vehicle on public roads between 7.00am and 6.30pm Monday to Friday,
in the congestion charging zone has to pay a daily charge to the
Transport for London (TfL) group. This payment allows you to enter,
drive around and leave the congestion charging zone as many times as
you wish that day. Payment can be made via the TfL call centre, via
the web www.cclondon.com, in retail outlets offering the PayPoint
service or in post offices. The charge can be paid at any time up to
10pm on the day of entry into the zone. Between 10pm and midnight a
charge can be paid however the charge increases.
For further information, please ask at your
BCH renting location
or refer to the Transport for London website on
www.cclondon.com or
call 0845 9001234.
Travelling Abroad
You may request to take your hire vehicle abroad with the BCH
Location. Permission to take the vehicle abroad is at the renting
locations discretion and must be agreed prior to your rental start
date and the relevant paperwork completed.
|
