|
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.
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.
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
theRoad 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). |