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Any dispute concerning the interpretation of the terms, exceptions or conditions of the Rental Agreement shall be resolved in accordance with the laws of and subject to the jurisdiction of the courts of the territory in which the Rental Agreement was issued.
(a) In these terms and conditions ‘We’ or ‘Us’ are the company, other business or person referred to as the Hirer in the Rental Agreement, and ‘You’ are either the company, other business or person referred to as the Hirer in the Rental Agreement. ‘Vehicle’ means the vehicle detailed in the rental agreement or any replacement vehicle that may be provided to You during the Agreement Period. ‘Rental Agreement’ means the Rental Agreement signed by You which incorporates these Terms and Conditions and (where applicable) the terms of the relevant insurance policy.
b) You shall be bound by the following terms and conditions which shall apply in conjunction with the details set out 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 during their normal opening hours.
If You have indicated in the Rental Agreement that You and Us to provide insurance cover for the Vehicle and/or Additional Insurance the following terms will apply:
(a) The Rental Agreement is subject to, and incorporates, all applicable terms of the relevant insurance policy or policies arranged by Us for You.
(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 or other business
- any additional driver authorise 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 the Excess by paying an additional waiver charge and the Rental Agreement will indicate whether You have accepted or refused the option (if available ) to pay the additional waiver charge and the amount of the Excess for which You are not covered.
(d) You must pay the full cost of the repair or replacement of the Vehicle; not withstanding the insurance cover arranged for You by Us, in the event of the any of the following:
-any overhead damage, above the height of the windscreen, caused to the Vehicle through hitting low objects such as height barriers, trees and bridges etc.
-if You or anyone on your behalf, deliberately causes damage to loss of the Vehicle.
- if the Vehicle is stolen due to You or anyone on your behalf, failing to remove the keys from the Vehicle and/or the Vehicle being left unlocked whilst not in use.
-if You or anyone on your behalf damage the interior of the Vehicle, including cigarette burns to the upholstery.
-if any other loss or damage is caused to the Vehicle during the Agreement Period which is not covered by the insurance policy arranged by Us for You, or in respect of which the insurance company denies cover due to the actions of negligence of You or anyone on your behalf.
(e) You may also have the ability to take out additional insurance or waivers to reduce you liability in respect of the Vehicle; if taken, this will be indicated in the Rental Agreement showing the further charges applicable.
If You have indicated in the Rental Agreement that You want to provide your own Insurance for the Vehicle the You shall be liable (subject to any amounts recovered and paid to Us under the insurance arranged by You) for the full costs of repairing or replacing the Vehicle if it is damaged or stolen during the Agreement Term (whether it is Your fault or not) and the following terms will also 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 acceptable to Us. 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 you 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 such money is paid direct to Us promptly and without deduction.
(d) If You do not adequately insure the Vehicle, and We suffer loss as a result, You must indemnify Us in full for that loss.
(e) If for any reason the amount which We receive from the insurance company is less that the loss that We suffer You must pay Us the difference.
(f) You will pay a “loss of use” charge (in accordance with our current tariff), when We demand it, if We cannot rent out the Vehicle because it needs to be repaired, or whilst We are waiting to receive full payment of the Vehicle’s value, if it is beyond economical repair, or it has been stolen. You will also be responsible for and shall indemnify Us in full for any diminution in value of the Vehicle (when sold or otherwise disposed of) resulting from loss or damage incurred during the Agreement Period.
Any person signing the Rental Agreement on behalf of a company or other business must be authorised to do so, and if not so authorise will be personally liable to pay all sums due under the Rental Agreement to the extent that the company or other business fails to pay them.
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 the Rental 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 replacement Vehicle.
(c) in any event, the maximum period for which You can hire the Vehicle is 90 Days.
(a) If You keep the Vehicle beyond the date and time ‘Due In’ (or after We have required its return, as above) then You are breaking the conditions if 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.
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 in full in respect of such claim.
The Vehicle must not:
(a) be taken outside England, Wales, Scotland, Northern Ireland or any British Isle on which the hiring commenced without 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 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, pace making, 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, the Construction, and Use Regulations or any applicable laws or regulations in any jurisdiction applying to the use of the Vehicle.
(i) be used by any person, who is not fully 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 anyway whatsoever.
(m) be used for a purpose for which you need an operator’s licence, if You do not have one.
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.
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 Island or any British Isle upon where 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.
(d) any congestion charges and related penalty charge.
(a) Pay the hiring charges published in our current tariff (as well as or including any supplements, premiums, delivery or collection charges or penalties that may apply) unless different charges have been agreed between Us in writing.
(b) Pay for any refuelling charge if You have used and not replaced the quantity of fuel that was supplied in the Vehicle, at the commencement of the hire.
(c) Pay any costs arising from refuelling the Vehicle with the incorrect fuel.
(d) Pay for any accessories, tyres, tools or equipment which are lost, stolen or damaged.
(e) Subject to clauses 2(c) and 2(d) (Our Insurance) above, pay the costs of repair of any additional damage, noted on return of the Vehicle and which is shown on the damage report completed at the commencement of the rental except where such repair costs are recovered from a Third Party.
(e) Pay our costs of recovering the Vehicle in the event that You fail to return it to Us as required by paragraph (I) below.
(f) Pay any penalties, fines and court costs incurred in the use of the Vehicle before it is returned to Us, or if and when demanded by the appropriate authority. Should you fail to do so, You will be liable to pay our reasonable administration charge to deal with these matters.
(g) Pay any charges arising from Customs and Excise seizing the Vehicle, together with a loss of use charge (in accordance with our current tariff) for each day or part day during the period for which We cannot rent out the Vehicle if and when We demand this payment.
(h) 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.
(i) 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 .
(j) Ensure that the Vehicle is always locked when unattended and take all reasonable steps to prevent loss or damage to the vehicle, or its tyres, tools ,accessories, equipment or contents.
(k) Inform Us immediately if the Vehicle is damaged, lost or stolen, or develops any fault.
(l) Return the Vehicle (together with all its accessories, tyre, 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 and must be clean and tidy (normal traffic grime excepted). If You return the Vehicle out of our business hours You will remain responsible for the Vehicle until it is reinspected by our representative when We next open.
If You are a company or other business or organisation for which a credit account has been opened, these terms and conditions are to be interpreted in conjunction with the terms given to You at the time of opening the account as varied from time to time.
Motor Insurers and their agents share information with each other 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 may be put on the register and made available to others. Insurers and their agents reserve the right to confirm licence details with the DVLA.