Lessor hereby rents to Hirer(s) and Hirer takes on rental the motor Vehicle described on the rental agreement (herein called the ‘Vehicle’) subject to all the terms and provisions of this agreement.
1. Acceptance of the vehicle.
The hirers or drivers acceptance of the vehicle at the date out and time out shall be conclusive evidence that the hirer/driver has first examined the vehicle and found it to be complete, in good order and condition and fit for the purpose for which it is required. (a) Hirer will return Vehicle, together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear and tear excepted, to the place and on the date specified over on the rental agreement, or sooner if demanded by Lessor (such demand not to made by Lessor without reasonable cause) and use Vehicle in a reasonable manner.
2. Vehicle will not be used :-
- a. for carriage of passengers for hire or reward,
- b. knowingly for any unlawful purpose,
- c. to propel or tow any other Vehicle or trailer.
- d. for racing, pace-making, reliability trials, speed testing or driving tuition.
- e. to carry a number of passengers and/or baggage which would cause Vehicle to be overloaded,
- f. by any person other than Hirer who signed this Agreement or who has been nominated as a driver by Hirer and approved by Lessor or by a motor Vehicle repairer in the event of an accident or breakdown.
- g. by any person not holding a valid current driving licence or by a person outside the age restrictions referred to in Lessor’s Insurance Policy,
- h. outside England, Scotland and Wales without the prior consent of lessor. Should any attempt be made to leave England, Scotland or Wales without such consent this will be construed as an attempt to steal the vehicle.
- i. to carry goods which cause any applicable restriction to be exceeded. are not properly secured, or carry any hazardous substances.
- j. on unmade roads or other unpaved surfaces.
- k. Hirer shall not remove or change any name or other mark identifying the ownership of the vehicle.
3. Hirer expressly acknowledges personal Liability to pay Lessor on demand:-
A cancellation fee of £25 for any cancelled booking
A late payment fee if rental charges are not paid by the due date / time
- a. a mileage change computed at the rates specified for the mileage covered by Vehicle from the commencement of the rental until Vehicle is returned (the number of miles over which the vehicles hall be e operated under this agreement shall be determined by reading the speedometer installed by the manufacturer; if speedometer fails, the mileage charge shall be made in accordance with the road map distance of the journey travelled.)
- b. time, collision damage waiver and miscellaneous charges at the rates specified in this Agreement,
- c. all fines and court costs, and administration costs, for parking, traffic or other offences incurred in relation to Vehicle by Hirer or Lessor from the commencement of this Agreement until the Vehicle is returned, except where caused though fault of Lessor. Each offence will incur a £50 administration charge.
- d. Lessor’s costs to repair collision or other damages to Vehicle provided, however, if Vehicle is operated in accordance with all the terms hereof Hirer’s liability for such damage.
- i. shall not exceed the maximum damage liability as shown on hire contract
- e. any Value Added Tax or local or other taxes payable in respect of any of the above.
- f. any duties due to Customs Excise, howsoever incurred in relation to this vehicle from commencement of this agreement until the vehicle is returned.
4. Hirer shall at the request and at the cost of Lessor do and concur in doing and permit to be done in his name or by his appointed agents all such acts and things as may be necessary or reasonably required by Lessor for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from other parties in respect of any Ioss or damage to or in connection with Vehicle during the period of time between the renting of Vehicle and its return by Hirer to Lessor and Lessor shall account to Hirer for any sums recovered by Lessor and due to Hirer from such other parties under this clause after setting off any outstanding liability of Hirer to Lessor.
5. Hirer must inform Lessor within 24 hours, excluding public holidays, of any loss of or damage occurring to the Vehicle and of any fault, reasonably requiring repair developing therein and must not in the case of damage or fault which makes Vehicle unroadworthy or liable to cause danger to any person or property use Vehicle until such damage or fault has been repaired or corrected. Authorization for expenditure in excess of £10 (Ten pounds) must be obtained from Lessor prior to commencement of the repair.
6. It is the sole responsibility of the hirer to maintain at all times correct levels of engine oil, coolant, brake fluid, battery levels (distilled water), tyre condition and pressures.
7. Lessor shall not be liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon Vehicle either before or after the return thereof to Lessor. Hirer hereby agrees to hold Lessor harmless from, and indemnify Lessor against all claims based upon or arising out of such loss or damage or any breach by the Hirer of this agreement. Any liability of the lessor is limited to a maximum of one Thousand pounds.
8. Hirer shall not sell or offer for sale, assign, mortgage or pledge the Vehicle or the tools or the equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with the Lessor’s ownership. Hirer will not at allow any lien upon Vehicle tools or equipment to come into existence, except as concerns authorized repairs or emergency repairs subsequently authorized to Vehicle. The Agreement shall terminate forthwith if a receiving order is made against Hirer (or being a company goes into liquidation, whether voluntarily or compulsorily) or if Hirer shall call a meeting of his creditors or if any distress or execution is levied against any of his goods or if Hirer shall not perform or observe all the stipulations herein contained the part of Hirer to be performed or observed, but such termination shall not affect any then existing rights of Lessor’s whether for damages or otherwise. In any of such events Hirer shall forthwith return Vehicle to Lessor, failing which Lessor shall be at liberty to retake possession of Vehicle and all costs and expenses incidental to recovery of Vehicle incurred by Lessor shall be repaid to Lessor by Hirer on demand.
9. The hirer hereby confirms that he/she has taken out fully comprehensive insurance to cover the full value of any items being transported within the vehicle throughout the full hire period. It the hirer should fail to so insure the hirer shall waive any claim he/she may have at any time against the lesser arising out of this agreement.
10. Hirer participates as an insured under Lessor’s motor vehicle insurance policy and agrees to observe the terms and conditions thereof. A synopsis of the terms and conditions of such insurance policy is available for inspection at the rental location and a copy of the policy may be inspected on request at the head office of the Lessor. Said policy contains unlimited cover against public Iiability for bodily injury, against liability for damage to property belonging to others and not the hirer of the vehicle or within the vehicle and unlimited Iiability for bodily injury to passengers. Hirer further agrees to protect the Interest of Lessor and Lessor’s insurance company in case of accident during the term of his rental by:
- g. Making every endeavor to obtain names and addresses of parties included and of witnesses.
- h. Not admitting liability or guilt.
- i. Not abandoning Vehicle without adequate provisions for safe-guarding and securing same.
- j. Calling nearest office of Lessor by telephone immediately, even in case of slight damage. Should this be out of office hours, this should be immediately upon office re-opening; further giving a detailed report including diagram to Lessor at earliest opportunity.
- k. Notifying the police immediately if another party’s guilt has to be ascertained or if people are injured.
- l. Hirer’s using their own insurance must ensure that the vehicle is added to the MIB register. Any charges arising out of this being omitted will be charged to hirer in full.
- m. Any damage to the interior of the hired vehicle is not covered on the lessors insurance policy and any costs for repair will be invoiced in full to hirer.
- n. Any damage above cab height of the hired vehicle is not covered on the lessors insurance policy and any costs for repair will be invoiced in full to hirer.
11. Lessor has maintained Vehicle to at least the manufacturer’s recommended standards and warrants that Vehicle is roadworthy and suitable for the purpose of renting at the commencement of the rental but Lessor shall not be liable for defects or mechanical failures which are not attributable to any breach of this warranty. Lessor shall not be liable for any indirect or consequential loss or damage arising under or in connection with this agreement.
12. In accordance with the Road Traffic Act 1974 sections 1-5 and Schedule 1 Hirer shall be liable as the owner of Vehicle in respect of:-
- o. any of the following offences which may be committed with respect to that Vehicle when it is stationary and when a fixed penalty notice is issued; being on a road during the hours of darkness without the lights or reflectors required by law: waiting, or being left or parked, or being loaded or unloaded in a road: and the nonpayment of the charge made at a street parking place: and
- p. any excess charge which may be incurred in pursuance of an order under sections 35 and 36 of the Road Traffic Regulation Act 1967 (Provision on highways of parking places where charges are made),
13. Any addition to or alteration of the terms and conditions of this agreement shall be null and void unless agreed upon in writing by the parties.
14. Vehicles over 1.5 ton: It is the sole responsibility of the hirer/driver to ensure that all tachograph regulations/operator ‘s licence’s and any other sections of the Road Traffic Act or any rule of law pertaining to the class of Vehicle are adhered to.
15. If the hire period of any Vehicle shall exceed 8 consecutive weeks the Lessor shall, by prior appointment, return that Vehicle for inspection by hirer at intervals of eight weeks until such time as it is returned.
16. Drivers of Vehicles over 7.5 ton to be 23yrs of age or over.
17. The Hirer and any drivers agree that all information submitted may be shared with third parties, including other hire companies and vehicle providers in the event of the Lessor suffering unrecoverable loss or fraud. Such information will be used to help prevent fraud and other criminal activities.
THE POLICY MUST BE ACCESSIBLE TO THE HIRER THE FOLLOWING ARE ONLY EXTRACTS
SCHEDULE OF DRIVERS NOT INSURED
- Novice Drivers – :i.e. Provisional Licence holders and those with less than 2 years period of continuous driving experience immediately preceding the request for cover.
- Drivers under 21 years of age.
- Drivers under the age of 25 when the vehicle being hired has been adapted to carry more than 5 but not more than 8 passengers.
- Drivers under 30 years of age when the Vehicle being hired has been adapted to carry more than 8 but not more than 16 passengers.
- Drivers over 69 years of age without prior approval from lessor’s insurers. Drivers 72 years of age and over.
- Actors and Actresses (film. stage, radio or television). Amusement Caterers.
- Casino and Club Owners and Employees.
- Directors and Producers (film, stage. radio or television). Fairground Showmen and Circus Employees.
- Gas and Oil Rig Crew Members. — Itinerant Traders and Workers.
- Pop Musicians.
- Members of the Entertainment Profession Professional Sportspersons.
- Hawking or general Dealers,
- Scrap merchants, dismantlers or breakers.
- The armed forces of non-UK countries
- Unemployed persons
- Persons who have been convicted of any major motoring convictions within the last 5 years or who have any such conviction pending.