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Close WindowIn this agreement "us", "we" or "our" shall mean the car hire company whose logo and name appears on the signed agreement. Any reference to "you" or "your" shall mean the hirer of the vehicle whose details appear of the term sheet attached to this agreement ("the Term Sheet") and on the signature clause at the end of this agreement.
In this agreement the following words and expressions shall be deemed to have the following meanings:
When you sign this contract you accept the conditions set out in this rental agreement.
Please read this agreement carefully. If there is anything you do not understand or with which you do not agree, please ask any member of staff at the office from which you rented the vehicle.
You will have use of the vehicle for the rental period shown in the Term Sheet. The minimum Rental Period shall be one day (24hrs) but otherwise the period shall be stated in the Term Sheet ("the Rental Period"). We may agree to extend the Rental Period but the Rental Period may never exceed 30 days.
In the event that you fail to return the vehicle to us by the conclusion of the Rental Period we shall be entitled to charge you for every day, or part-day, you have the vehicle in excess of the Rental Period at our daily rental rate as set out in the Term Sheet and deduct the same from the deposit. In the event that the deposit is insufficient to cover the rental fee for the extended period you shall pay that excess forthwith on demand by us. In addition there will be an administration charge of £30.00 +vat for every 24 hour period of any such failed return.
You shall pay the rental fee (less the reservation fee), any applicable additional driver fee and the deposit in advance of the commencement of the Rental Period in cleared funds, and the other charges or amounts that you are required to pay under this agreement and any applicable VAT.
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 you must 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.
You are responsible for any damage to the vehicle caused by hitting low-level objects such as bridges or low branches or road obstacles.
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.
You must not let anyone carry out any maintenance or repair of the vehicle without our written permission. If we do give you such permission, we will only give you a refund if you have a receipt for the work.
You must let us know as soon as you become aware of a fault in the vehicle.
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 the same condition as when signed for by the hirer. 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 has been inspected by a member of our staff. We reserve the right to undertake a further inspection within 12 hours of the hire ending should the conditions not allow such an inspection to take place at the conclusion of the hire “conditions” include adverse weather, darkness or adverse location.
You will have to pay for reasonable costs of repair if:
we have to incur extra costs to return the vehicle to its condition at the time the pre-rental inspection was carried out (for example: if extra valeting time or special material or equipment is needed or repairs required to restore the vehicle to its pre-rental condition); or
you have damaged the inside of the vehicle and we shall be entitled to withhold the deposit until such repairs have been carried out and deduct these costs of the same from the deposit on the production of a valid VAT receipt and subject to the deduction of any other costs that you are liable to pay us under the terms of this agreement we shall return the remainder of the deposit, if any, to you.
Before you return the vehicle to us it is your responsibility to check that you have not left any personal belongings in the vehicle.
Other than the additional driver(s) and you, you shall not permit any other person to drive the vehicle.
You are solely responsible for any property you leave in the vehicle.
By signing this agreement you warrant to us that you and any additional driver:
hold a full and valid British or Overseas drivers licence and have done so for at least twenty four (24) months;
do not suffer from any physical or mental affliction that may hamper your driving ability;
have not in the last 5 years been found guilty of a motoring offence resulting in imprisonment of a driving ban of more than one (1) month;
have not in the last 5 years been found guilty of any dishonesty offences;
will not be using the vehicle for in connection with a courier business.
will not take the vehicle out side of England, Scotland or Wales. In the event that it is the intention to take the vehicle outside of England, Scotland or Wales we may agree to the same subject to such additional terms and conditions as stated in the Term Sheet; and
are not less than thirty (28) years old and not more than seventy (70) years old.
We warrant to you that
We have maintained the vehicle to at least the manufacturer’s recommended standard.
That the vehicle is roadworthy and suitable for renting at the start of the rental period.
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 hire out the vehicle.
Save in respect of death or personal injury caused by our negligence in which case no limit shall apply, our entire liability to you for breach of contract tort or otherwise shall in no event exceed the rental fee paid by you and in no event shall we be liable for any indirect or consequential losses howsoever caused even if you informed us of the same. We shall in no event be liable for any loss or theft of any property that you leave in the vehicle. Save as may be permitted in law, nothing in this clause shall be deemed to affect or limit any of your statutory rights. ..
The vehicle must only be driven by you and any approved additional driver In the event that you wish any other person to drive the vehicle you must obtain our prior written consent where upon such person shall be deemed to be and additional driver. Anyone driving the vehicle must have a full valid British driving licence.
You and/or any 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 reliability and speed or teaching someone to drive.
Use the vehicle while under the influence of alcohol or drugs
Load the vehicle beyond the manufacturer’s maximum weight recommendations and make sure that the load is secured safely;
The vehicle must not be used for towing.
You will be required to pay the following charges:
The rental and any other charges we work out according to this agreement.
Any charge for loss or damage resulting from you not keeping to condition 3
A refuelling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the original rental. The charge will be based on the rates provided with this rental agreement or those shown at the place you rented the vehicle from which ever is applicable. You will also be charged for the fuel required to fill the tank to the level supplied to you at the start of the agreement - at a rate per litre shown on our term sheet.
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 for paying our reasonable administration charges which arise when we deal with these matters.
The reasonable cost of repairing any extra damage which was not noted on our damage control sheet with this agreement, whether you were at fault or not and the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have (as set out in 9), if and when we demand this payment.
Any losses that we may suffer which are not recoverable under any insurance policy that is relevant to your hire of the vehicle.
Any charges arising from Customs and Excise or any other body with authority to do so seizing the vehicle, as a consequence of any act or omission of you, together with a loss of income charge while we cannot rent out the vehicle.
Any published rates for delivering and collecting the vehicle.
Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% per year above the base lending rate of Barclays Bank from time to time.
Value Added Tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all the charges even if you have asked someone else to be responsible for those charges.
We shall be entitled to deduct any damages, costs or charges that you are liable to pay to us from any deposit held by us from you and in the event that the deposit is insufficient to cover the same you agree that we may recover the same from you on demand.
Please note there will be a standard £30.00 +VAT administration charge in connection with any onward charges relating to refuelling / damage to the car
exterior/interior /repair of wheels/payment of fines or congestion charges in relation to 8.1/8.2/8.3/8.4/8.5/8.6
If we arrange separate insurance, we will give you separate information on the insurance cover and any restrictions which may apply. Otherwise, the conditions of our insurance and damage protection programme will apply. By putting your initials in the appropriate box over the page you are accepting the conditions of our insurance and damage protection programme.
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)
We will provide cover for loss or damage to the vehicle provided you have paid ‘the responsibility amount’ (the excess) prior to the start of the agreement. You still have to pay an amount up to ‘the responsibility amount’ (the excess), every time you damage the vehicle.
We will provide personal accident insurance, personal belongings insurance and goods in transit insurance if you have initialled the appropriate boxes over the page. You can get details of our insurance and damage protection programme (including the main exclusions) from the office you rented the car from.
If we fill in the appropriate box over the page “Hirer’s Insurance Company” 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 you 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. You shall not drive the vehicle until such time as you have produced satisfactory evidence of your insurance cover irrespective of any payment you have made to us for the hire of the vehicle.
We must be satisfied with the cover and the policy conditions and you must not change them.
You must ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will permit us to negotiate with the insurers about whether the vehicle can be repaired and/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 lost, damaged or stolen, or a claim is made by any other party.
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 if there is disagreement over who is responsible; and call our nearest office immediately.
You must then fill in our accident report form and send it to our address shown over the page.
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 Licencing 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.
If you are a consumer we will terminate this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may terminate this agreement if you do not meet the main requirements of the agreement.
If you are a company, we will end this agreement straight way 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.
If we terminate this agreement it will not affect our right to receive or recover 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 will repossess the vehicle (and charge you a reasonable costs incurred in exercising this right ) .
If having booked a car in advance you cancel the booking more than 28 days prior to the proposed hire date you will forfeit only the booking fee.
If cancelling the booking less than 28 days but more than 14 days prior to the proposed start of the hire you will be liable to pay a total of 25% of the agreed rental charge plus VAT.
If cancelling the booking less than 14 days but more than 48 hours prior to the proposed start of the hire you will be liable to pay a total of 35% of the agreed rental charge plus VAT.
If cancelling the booking less than 48 hours prior to the proposed start of the hire you will be liable to pay a total of 100% of the agreed rental charge plus VAT.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
This agreement shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England.