TERMS AND CONDITIONS
Any dispute concerning the interpretation of the terms, exceptions or conditions of this agreement shall be resolved in accordance with the laws of England
1. In these terms and conditions: “We / Us” are the company named the Lessor overleaf, “You” are the company named as the Renter overleaf and “Vehicle” means the vehicle detailed overleaf including accessories, equipment, tyres and tools. Under this agreement we are letting and you are taking on hire the Vehicle. You confirm that you are taking the Vehicle on hire for the purpose of your business.
2. Any addition or alteration to these terms and conditions shall be null and void unless agreed upon in writing by the parties.
3. You have chosen to use the Lessor insurance for the Vehicle. Therefore the following terms shall apply:
- You must accept the special terms / conditions and restrictions imposed by the insurance provider.
- You must not use or permit the Vehicle to be used in breach of the insurance policy.
- If we suffer any loss as a result of the vehicle being used in breach of the insurance policy, you must compensate us for that loss.
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 extend that the company fails to pay them.
5. Under this agreement, the maximum period for which you are allowed to keep the Vehicle is from the Vehicle Out Date & Time shown overleaf until the Vehicle Due Back Date & Time also shown overleaf. However:
- We are entitled to terminate this agreement if you break any of its terms and conditions. You must then return the Vehicle immediately.
- You are entitled to terminate this agreement by giving us one week notice in writing.
- We are entitled to provide you with a comparable vehicle earlier than Date & Time Due Back shown overleaf, and collect from you the Vehicle detailed overleaf, even if you have not broken any terms and conditions of this agreement. The comparable vehicle shall then be the “Vehicle” for the purpose of this agreement.
6. If you keep the Vehicle beyond the Date & Time Due Back shown overleaf (or after we have requested its return as above) or if the vehicle is damaged, lost or stolen then, in addition to any claim for compensation which we may bring, you will have to pay daily charges calculated on the pro rata of the rental charges shown overleaf until the Vehicle is returned to us in a rentable condition or until the full replacement value for it has been paid in cleared funds.
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:
- Be taken outside the United Kingdom without our prior written permission.
- Be used in any unlawful manner nor for any unlawful purpose or in any Motor Sport Events (including racing, pace making, rallying, reliability trials and speed testing).
- Be used in breach of any relevant legislation, regulation or by-law from time to time in force.
- Be used in such a way as to make the insurance on the Vehicle invalid.
- Be used by any person who is not licensed and insured to use it.
- Be used by any person who is under the influence of drugs or alcohol.
- Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or carrying more passengers or goods than it was designed to carry or maybe lawfully carry.
- Be used in the event of any mechanical, electrical or structural failure or damage, if further damage might be caused as a result.
- Be used otherwise than on a public highway or a suitably paved area which is designed to carry motor vehicles.
- Be used for any driving tuition, without our prior written permission. Then you must provide your own insurance for the purpose.
- Be used to tow or propel any other vehicle or trailer, unless it is equipped for the purpose and you have obtained our permission.
- Be altered or added to in any way whatsoever.
9. If you break any of the terms and conditions of this agreement, we are entitled to treat the agreement as terminated and to repossess the Vehicle. You hereby authorise us to enter on your property to do so if necessary.
10. You are not allowed to carry out repairs to the Vehicle or let anyone else do so unless we give you permission first. If we do authorise repairs then (with the exception to clause 12-3 below) we will refund the cost to you if you produce a VAT receipt and whatever parts that have been replaced.
11. You are liable for the following charges as if you were the owner of the Vehicle:
- Any fixed penalty offence committed or contravention in respect of that Vehicle under part III or section 66 of the Road Traffic Act 1988 including tolls and congestion charging 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 the part of the United Kingdom upon which the vehicle is being used.
- Any excess parking charge which may be incurred in respect of that Vehicle in pursuance of an Order under section 45 and/or 46 of the Road Regulation Traffic Act 1984, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to the part of the United Kingdom upon which the vehicle is being used.
- Any financial charge or penalty which may be demanded by a third party as a result of the Vehicle having been parked upon land which is not a public road.
- Any charges, cost and expenses as a result of you using the Vehicle, arising from or incidental to any person, firm, company or regulatory body, impounding or taking possession of the Vehicle, save to the extend that any insurance policy covers such costs and expenses.
12. You must:
- Pay the charges as shown overleaf.
- Pay for all fuel and refueling charge.
- Pay for any accessories, tyres, tools, or equipment which is damaged, lost or stolen and any labour and/or charges involved as a result.
- Pay any penalties, fines and court costs incurred in the use of the Vehicle during the current agreement. An administration charge of £25 + VAT for all fines is applicable.
- Pay our cost of recovering, repairing and cleaning the Vehicle in the event that you fail to return it to us as required by 6 below.
- Return the Vehicle (together with all its accessories, equipment, tyres and tools) to the location agreed between us, at the Date & Time Due Back shown overleaf or earlier if we are entitled to 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).
- Keep the Vehicle in good condition at all times and ensure that the correct tyre pressure, 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.
- 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 any essential repairs or servicing. In case of accidental damage, you must pay the rental charge until the Vehicle is repaired and in rentable condition.
- 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.
- 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.