1. Your contract with us
When you sign the Rental Agreement you accept the conditions set out in it. Please ensure first that you understand and agree with each section.
2. Rental period
You will have the vehicle for the rental period shown in the
agreement. We may agree to extend this rental period but the rental period may never be more than 28 days. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We will charge you for each day or part-day that you have the vehicle after you should have returned it to us at the published daily rate.
3. Your responsibilities
a. You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel.
b. You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges or low branches.
c. You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
d. You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
e. You must let us know as soon as you become aware of a fault in the vehicle.
f. You must bring the vehicle back to the place we agreed, during the opening hours displayed at that place. One of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is reinspected by a member of staff.
g. You will have to pay for reasonable costs of repair if:
_ we have to pay extra costs to return the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition);
_ you have damaged the inside of the vehicle.
h. Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.
4. Our responsibilities
We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Also, if you are not renting the vehicle for business purposes, we are responsible for loss caused by:
_ the vehicle not matching our description of it;
_ the vehicle not being of the quality that you would be entitled to expect from a rental vehicle;
_ the vehicle not being fit to drive; or
_ us not having the legal right to rent out the vehicle.
We are responsible if someone is injured or dies as a result of our negligence, act or failure to act. We are also responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
We are only responsible for loss or damage to property left in the vehicle if it results from our negligence or contract breach
6. Conditions for using the vehicle
The vehicle must only be driven by you and any other driver named over the page, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence.
You or any other authorised driver must not:
_ use the vehicle for hire or reward;
_ use the vehicle for any illegal purpose;
_ use the vehicle for racing, pacemaking, testing the vehicle’s speed or reliability or teaching someone to drive;
_ use the vehicle while under the influence of alcohol or
_ drive the vehicle outside England, Scotland and Wales, unless we have given you written permission;
_ load the vehicle beyond the manufacturer’s maximum weight recommendations and make sure that the load is secured safely;
You or any other authorised driver must not use the vehicle for towing unless we have given you written permission.
You will pay the following charges from our current tariff.
a. The rental and any other charges we work out according to this agreement.
b. Any charge for loss or damage resulting from you not keeping to condition 3.
c. A refuelling service charge if you have not replaced the fuel that we supplied at the start of the original rental . The charge will be based on the rates printed on this rental agreement or at the place you rented the vehicle from (or both).
d. All fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay our reasonable administration charges which arise when we deal with these matters.
e. The reasonable cost of repairing any extra damage which was not noted on our damage control diagram at the start of the agreement, whether you were at fault or not (depending on 4). And the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have (as set out in 8), if and when we demand this payment.
f. A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, it is a write-off (can’t be repaired) or it has been stolen and we are waiting to receive full payment of the vehicle’s value. We will charge you at the published daily rate and will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.
g. Any charges arising from Customs and Excise seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand this payment.
h. Any published rates for delivering and collecting the vehicle.
i. Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time.
j. Value added tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked someone else to be responsible for them.
9. Our insurance
If we arrange your insurance cover, the conditions of our insurance will apply. By putting your initials in the appropriate box over the page you are accepting these conditions.
a. We have a legal responsibility to have third party insurance. This provides cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to £250,000).
b. If the vehicle is damaged in your possession, you are responsible for paying for repair up to the value of the excess amount quoted overleaf.
c. We do not offer theft waiver, or goods in transit insurance. However, we can provide you with full details of the vehicle in advance of your hire if you would like to arrange this independently, and will cooperate fully with any additional insurer in the event of a claim.
10. Your own insurance
If we fill in the appropriate box over the page you may arrange your own insurance for the full duration of the rental as long as you can prove that this insurance is valid and have signed the confirmation over the page. We have to agree to the amount of cover you arrange, the type of policy and the insurer you have chosen. We must be satisfied with the cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about whether the vehicle can be repaired or what compensation is due to us. You are financially responsible for settling the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or a claim as made by any other party.
11. What to do if you have an accident
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
_ make the vehicle secure;
_ tell the police straight away if anyone is injured or there
is a disagreement over who is responsible; and
_ call our nearest office straight away.
You must then fill in our accident report form and send it to
our address shown over the page.
12. Data Protection
You agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998.
13. Ending the agreement
a. If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or
b. receiving order has been made against you. We may end this agreement if you do not meet the main requirements of this agreement.
c. If you are a company, we will end this agreement straight away if:
_ you go into liquidation;
_ you call a meeting of creditors;
_ we find out that your goods have been taken away from you until you pay off your debts; or
_ you do not meet any of the conditions of this agreement.
d. If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main requirements of this agreement. We can repossess the vehicle (and
charge you a reasonable amount) without using unreasonable force or causing damage.
14. Governing law
This agreement is governed by the laws of the country in which it is signed. Any dispute may be settled in the courts of that country.