1. Your Contract With Us
When you sign the form over the page you accept the conditions of the rental agreement listed in this document. Where the person signing this agreement on behalf of the hirer is not the hirer, he or she warrants and represents that he or she is authorised to sign and enter into this agreement for and on behalf of the renter and all agreements and obligations on the part of the hirer shall be deemed to be made jointly and severally with the hirer. PLEASE READ THIS AGREEMENT CAREFULLY. IF THERE IS ANYTHING YOU DO NOT AGREE WITH, PLEASE ASK ANY MEMBER OF STAFF AT THE RENTAL LOCATION FROM WHICH THE VEHICLE IS RENTED.
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 may never exceed 30 days. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We can charge you for every day or part day you have the vehicle after you should have returned it to us. We will charge you twice the daily rate quoted at the rental location until we get the vehicle back. If you wish to return the car early, you must give us two days’ notice in order to claim any refund.
3. Your Responsibilities
(a) You must look after the vehicle and keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted in 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 roof or upper part of the vehicle caused by hitting low level objects, such as bridges or low branches.
(c) You must not sell, rent, loan 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 produce a VAT receipt for the work.
(e) You must let us know as soon as you become aware of a defect to the vehicle.
(f) You must bring the vehicle back to the place where we agreed during the opening hours displayed at the rental location. One of our staff must see the vehicle to check that it is in good condition. Where we have agreed that you may return the vehicle outside of business hours, you will remain responsible for the vehicle and its condition until it is inspected by a member of staff.
(g) You will have to pay for repairs if:-
* the vehicle needs more than our standard valeting (cleaning); or
* you have damaged the inside of the vehicle; or
* you have damaged and/or lost any part of the vehicle; or
* you have used the wrong fuel
(h) You must check before you bring back the vehicle that you have not left any personal belongings in the vehicle.
(i) You must not exceed any mileage stated on the front of this agreement or any mileage advised to you by us in writing during your rental
4. Rental Period
We have maintained the vehicle to at least the manufacturer's recommended standard. We undertake that the vehicle is roadworthy and suitable for renting at the start of the rental period. In addition to the above, If you are not renting the vehicle for business purposes, we are responsible if we break the conditions of the rental agreement in the following ways: the vehicle does not correspond to our description of it; the vehicle is not of the quality that you would be entitled to expect from a rental vehicle; the vehicle is not fit to drive, we do not have the right legally to rent out the vehicle.
You will immediately inform us of any fault in the vehicle and will not use the vehicle if it is in an unroadworthy condition. If the vehicle remains immobile after roadside assistance call-out, we will, at our discretion, either replace the vehicle or make alternative arrangements for the driver and passengers, provided that the vehicle is not being used outside the United Kingdom.
We are responsible if someone is injured or dies as a result of our negligence. We are not responsible for any indirect or unforeseeable loss or damage (indirect losses are the losses which happen as a side effect of the main loss or damage). Foreseeable losses are the losses arising directly from, for example, the vehicle breaking down (such as the cost of repairing the vehicle or arranging other transport). You or we may not foresee other losses and so, if you want to be able to claim for such losses, we recommend that you arrange insurance.
If you are a business, we are not liable to you (whether in contract or tort (including without limitation negligence)) or otherwise responsible for any loss of profit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. If you are a business, our liability to you (whether in contract or tort (including without limitation negligence)) is limited to the rental charge you must pay us under this agreement (or the minimum the law requires, whichever is less).
We are only responsible for property in the vehicle if the loss or damage is a result of our negligence. If you are a business, we are not responsible for any loss or damage to property left in the vehicle (even if caused by our failure to exercise reasonable care). We cannot accept such responsibility as we will not know the value or identity of such property and cannot therefore take out insurance against its loss or damage. Accordingly, you must agree to insure such property to its full replacement value.
6. Conditions for using the Vehicle
The vehicle must only be driven by the person named overleaf, or by anyone we authorise in writing. Anyone driving the vehicle must have a full, valid driving licence for at least 24 months and not be prohibited by law from holding or obtaining such licence.
You or any authorised driver must not do any of the following:
* Carry passengers 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 under the influence of alcohol or drugs
* Carry a number of passengers and/or baggage which would cause the vehicle to be overloaded or in the case of a commercial vehicle, a payload which exceeds the maximum payload and individual axle plated weights or for a purpose which requires an Operator's Licence when you do not have one.
* Drive the vehicle outside England, Scotland, Northern Ireland and Wales, unless we have given you permission in writing and appropriate charges paid.
* Use the vehicle if you may reasonably be considered unfit to drive a vehicle
We work out charges using our current price list. As shown overleaf, you pay the following charges:
(a) The rental and any other charges we work out according to this agreement.
(b) Any charge for loss or damage as explained in 3(b), 3(f) and 3(g).
(c) A refuelling service charge if you have used and not replaced more fuel than we supplied originally. The charge is based on the rates published at the rental location.
(d) An excess mileage charge if you exceed any mileage agreed by us. This charge is based on the rates published at the branch you rented the vehicle from.
(e) On demand, 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 you do not, you will be responsible to pay our reasonable administration charges which arise when we deal with these matters.
(f) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not your fault). You will have to pay the cost of repairing or replacing the vehicle up to the responsibility amount if you have purchased our Insurance/Damage Protection Programme as shown overleaf. If you have arranged your own liability waivers, you will pay us for any repairs/replacement costs; this will be refunded to you once your insurer pays us. You are responsible for any damage not shown on the vehicle damage document when your rental commences.
(g) On demand, a loss of income charge. We will charge you this if we cannot rent out the vehicle because it needs to be repaired, or it is a write-off (can't be repaired). We will only charge you for loss of income if we can't recover the losses under the Insurance / Damage Protection Programme. We will charge you at the daily rate. We will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.
(h) On demand, any charges made by Customs and Excise as a result of seizure of the vehicle by them, together with a loss of income charge whilst the vehicle is unavailable for rental.
(i) Any published rates for delivery and collection of the vehicle.
(j) 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.
(k) Value Added Tax and all other taxes on any of the charges listed above, as appropriate.
(l) We may ask you for a deposit before the start of the rental period in which case the rest of the rental charge is generally payable upon return of the vehicle. We can deduct the deposit from any money you owe us (e.g. for fuel you have not replaced). Alternatively we may ask you to pay the full rental charge shown on the front of this agreement before you begin to rent the vehicle. We may ask for a deposit in addition to full payment of the rental charge up front, in which case your deposit will be refunded to you upon return of the vehicle if you do not owe us money.
You are responsible for all charges, even if you have asked someone else to be responsible for them. You can get details of our Insurance / Damage Protection Programme from the location from which you rented the vehicle.
8. Our Insurance/Damage Protection Programme
The conditions of our Insurance/Damage Protection Programme (including any liability waivers) will apply, as indicated by your acceptance of them by initialling the appropriate box over the page.
(a) We have a legal responsibility to have insurance to meet the RTA requirements. This provides cover for claims made if you injure or kill any 3rd party, whilst driving our vehicle, or damage their property (subject to a minimum cover of £250,000).
(b) We will provide cover for loss or damage to the vehicle if you have indicated your acceptance by initialling the appropriate box over the page. If you accept this you will have to pay the responsibility amount every time you damage the vehicle (the responsibility amount is shown over the page). Note: initialling acceptance of the Collision Damage/Theft/Loss Liability Charge, Waiver charge reduces the excess liability amount to that shown on the front of the Rental Agreement.
(c) We will provide cover for theft and damage to the vehicle caused during an attempted theft if you indicated your acceptance by ticking (initialling) the appropriate box over the page. If you accept this, you still have to pay the responsibility amount if the vehicle is stolen. (The responsibility amount you have to pay is shown over the page).
(d) However, you are not covered by our insurance and we will hold you responsible and liable for the full amount of any damage if the damage or theft has been wholly or partly caused by you or an approved driver if you were being negligent or when you were not observing any of the conditions listed in Clause 6. Similarly, any damages to wheels, tyres, the upper part of the vehicle (such as mentioned in clause 3b) or to the interior of the vehicle (for example cigarette burns) at all times remain the responsibility of the hirer and are not covered by insurance.
You can get details of our minimum legally required Insurance and our Damage Protection Programme (including the main exclusions) from the location from which you rented the vehicle.
9. Your Own Insurance
You may arrange your own insurance with our agreement by ticking, or initialling, the appropriate box over the page for the full duration of the rental as long as you can prove that this insurance is valid and have signed confirmation overleaf. If we have agreed that you may return the vehicle outside business hours or at any other agreed location, your insurance must be valid until the vehicle is re-inspected by a member of staff. We have to approve 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 subsequently without our consent. 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 replaced or what compensation is due to us. You are financially responsible to settle any costs if the policy you have arranged fails and the vehicle is damaged, lost, stolen or claims made by any other innocent party. You will be responsible to pay us for any excess amount which applies to your own insurance policy.
10. What to do if you have an accident
(a) 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 the rental company's address overleaf.
(b) You are responsible for the costs of recovering the vehicle to a location agreed with us.
You agree that we may keep and use any information you have given us to carry out our own marketing and market research activities. From time to time we may make your personal information available to our group companies for the same purposes. If you break the agreement we can give the 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 stated in the Data Protection Act 1984. We may also use such information to search the files of credit reference agencies who will record this search. This information will be used only to help make credit reference decisions or, occasionally for fraud prevention of for tracing debtors. Signature of this agreement acknowledges your explicit consent to have your personal details including details of any criminal offences or alleged criminal offences transferred to the police and anyone injured by you whilst you were in a vehicle rented from us.
12. Ending the Agreement
(a) In the event that you require a vehicle for a longer period than the agreed rental period, you must notify us at least 48 hours prior to the termination of the agreed rental period. In the event that you fail to notify us of such a requirement, we may terminate your authority to retain the vehicle, and in that event, you will be liable for any loss or damage incurred by us as a result. We reserve the right to retrieve the vehicle using such means as we may choose.
(b) If you are a consumer we will end this agreement straight away if we find out that your goods have been taken away from you to pay off your debts, or a receiving order is made against you. We will also end this agreement if you do not meet any of the conditions 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 the agreement.
(d) If we end the agreement it will not affect our right to receive any money we are owed under the conditions of the agreement. We can also claim extra costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle and charge you if we do this.
13. Contracts (Rights of Third Parties) Act 1999
Nobody shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of our responsibilities under this agreement. Any right of a third party which exists or is available apart from under this legislation is not affected by this condition.
14. Governing Law
This agreement is governed by the laws of the country in which it is signed. Any dispute may be submitted to the non-exclusive jurisdiction of the courts of that country. In certain cases the renting company reserves the right to appoint an Arbitrator.