“We” are the company named as the Lessor overleaf and “you” are the company or person named as the Hirer overleaf. In this agreement the following terms shall have the meanings hereby respectively assigned to them: Hirer: The company or person named as such overleaf. Driver: The Hirer and/or persons named as such overleaf or any other person previously approved by the Lessor to drive the vehicle. Vehicle: The original vehicle described overleaf or any replacement vehicle. Accessories: The spare wheel, tools, manual, parcel shelf, child seats, Satellite Navigation equipment and other items with which the vehicle is supplied and any replacement thereof. Rental Period: the period from the date and time out stated overleaf until the return of the vehicle into the physical custody of the Lessor. Rental Charges: The hire period for the rental period calculated in accordance with the Lessor’s current tariff. Current Tariff: The Lessor’s tariff current at the commencement of the hire. Excess Amount: The sum of £1,000 or any other sum specified overleaf as the excess amount. This is the amount for which you are not covered by our insurance policy. The Insurance Policy: The Lessor’s policy of insurance on the vehicle, a copy of which is available for inspection upon request.
If you have indicated overleaf that you want us to provide insurance cover for the vehicle, then the following terms will apply:
This Agreement is subject to, and includes, all the terms of our current insurance policy.
The Vehicle may only be driven by the following people:
You personally (if your name is given as the Hirer overleaf)
The person who signed the Agreement on your behalf if you are a company whose name is given overleaf
Any additional driver authorized by us and specified as such overleaf
Our insurance will not give you complete cover. The amount not covered is the Excess Amount (as specified overleaf). You may take out a separate insurance policy to cover part of the excess amount.
If you or anyone on your behalf deliberately causes damage to or loss of the Vehicle then you will have to pay for the cost of repair or replacement of the Vehicle, even though it was insured at the time.
You, the Hirer, are liable for all negligent damage, including but not limited to, damage of roof, mirrors, sidewalls of tyres, filler cap, aerials, light lenses, loss and/or damage of keys and fuel contamination.
If you have indicated overleaf that you want to provide your own insurance for the vehicle, then the following terms will apply:
It is your responsibility to insure the Vehicle from the moment you take it until the time it is returned to us. The vehicle will remain on hire until is physically in our possession and re-inspected at our premises. If the return condition of the Vehicle is not the same as supplied, the Vehicle will remain on hire until such time as we receive a satisfactory settlement from your insurance company.
You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details of the insurance cover upon request and you must tell the insurance company to note our interest on the policy. If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss. If for any reason the amount which we receive from the insurance company is less than the loss we suffer you must pay the difference.
You must not use or permit the vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid direct to us.
You hereby authorize your insurer to communicate directly with us and give us any information we require in respect of validating insurance cover on the Vehicle. You also authorize us to take over any claim which you may have which relates to the Vehicle, and to negotiate and settle that directly with your insurer.
The Vehicle must not:
Be taken outside England, Wales, Scotland or Northern Ireland without obtaining prior permission in writing from us.
Be used to carry passengers for hire or reward or for any driving tuition, unless you obtain our written permission and you must provide your own insurance, as detailed under clause 3 of this Agreement.
Be used otherwise than on a public highway or a suitably paved area which is designed to carry motor vehicles.
Be used to propel or tow any vehicle, trailer or other object, unless it is equipped for the purpose and we have given our written permission.
Be used for any unlawful purpose, or for racing, pacemaking, competitions or speed testing, nor must it be used in any unlawful manner.
Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry.
Be used in any manner which may make the insurance on the Vehicle invalid.
Be used for any illegal purpose or in contravention of any legislation affecting the Vehicle, its use or construction.
Be used by any person who:
has not been approved as a driver by us,
has given a false name, age, address, or other driver licensing details,
is not licensed and insured to use it, including persons aged under 21 or over 75 years of age,
is under the influence of drugs or alcohol,
has been convicted of a motoring offence the details of which are not disclosed overleaf.
Be used in the event of a mechanical, electrical or structural failure or damage, if further damage might be caused as a result.
Be altered or added to in any way whatsoever.
Be used for a purpose for which you require an operator’s license if you do not possess one.
You, the Hirer, must:
Ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in this agreement as if the same were fully set out herein.
Pay the hiring chares published in our current tariff (which can be inspected at our office), unless different charges have been agreed between us in writing. See overleaf for rates charged.
Return the Vehicle with an equivalent amount of fuel to that which was in the Vehicle on the date out, as recorded overleaf. Failure will require you to reimburse us for any reasonable and proper charges incurred in filling the Vehicle with fuel up to the level recorded overleaf.
Pay for any accessories, tyres, tools, or equipment which are lost, stolen or damaged other than that which can be identified as lessor’s negligence or breach of contract.
Pay our reasonable and proper costs where we come to collect the Vehicle at an agreed time and you unreasonably fail or refuse to allow us to collect the Vehicle.
Pay any fines, penalties or court costs incurred in the use of the Vehicle during the Rental Period.
Indemnify the Lessor against any loss incurred by reason of any breach of the Agreement by the Hirer or any other driver.
In so far as you are able to and as soon as possible, safeguard our interests (including the interests of our insurers) in the event of any accident involving the Vehicle by obtaining the names and addresses of all relevant drivers and witnesses, including registration numbers of any other vehicles involved, securing the Vehicle and ,where appropriate, notifying the police.
Ensure that the correct tyre pressures, engine oil level, coolant level and screen wash level are maintained throughout the period of the hire.
Ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the Vehicle, or its tyres, tools, accessories, equipment or contents.
Inform us at the earliest opportunity if the Vehicle is damaged, list, stolen or develops any faults or requires servicing and allow us to carry out essential repairs or servicing.
Return the Vehicle (together with all its accessories, tyres, tools and equipment) during our business hours at or before the time and dates referred to overleaf. The Vehicle must be returned to our representatives at the place where it was hired, unless a different place is specified overleaf. If we have agreed to allow you to return the Vehicle outside of our opening hours, you will stay responsible for the Vehicle and its condition until our staff have checked it.
Return the Vehicle in the same condition as when you hired it (fair wear and tear accepted) and it must be clean and tidy (normal traffic grime accepted). We may need to clean the vehicle before our staff can check its condition. Failure will require you to reimburse us for any reasonable and proper charges incurred in cleaning the Vehicle.
The maximum period for which you are allowed to keep the Vehicle under this Agreement is from the Date and Time out (recorded overleaf as Date of ‘Actual Pickup’) to the Date and Time Due Back (recorded overleaf). However:
We are entitled to terminate this Agreement if you break any of its terms and will do so if a material breach occurs. If so advised, you must then return the Vehicle immediately.
If as a result of reasonable Health and Safety concerns we require the return of the vehicle earlier than the due back date, even if you have not broken any of the terms and conditions of this Agreement, we shall provide you with a reasonable replacement vehicle, and collect from you the current Vehicle. We are entitled to collect the Vehicle at a time and place convenient to both parties and the replacement Vehicle, minus defects, shall then be the “Vehicle” for the purposes of this Agreement.
If you keep the Vehicle beyond the dates and times referred to overleaf then where it is fair and proper for us to do so, you will continue to be liable for and to pay the charges in accordance with the then current tariff, together with any reasonable costs and expenses that we incur as a result of a breach of clause 5 above. A copy of our current tariffs can be inspected at our offices.
You are not entitled to carry out any repairs to the Vehicle (or let anyone else do so) if the cost of those repairs is more than £25.00, unless you obtain our prior permission in writing.
We are not liable to you for any loss or damage to any property which is carried in the Vehicle, or any property that you leave in the Vehicle when you return it to us, except to the extent that such part of the liability or total liability is as a result of our negligence, or breach of the terms of these conditions. If any Third Party brings a claim against us for property that is carried or left in the Vehicle and you are liable for it, you must reimburse us for our reasonable costs and expenses incurred.
You are liable for certain charges as if you were the owner of the Vehicle. Those charges are:
Any fixed penalty offence committed in respect of that Vehicle under Part III of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991, as amended or replaced by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
Any excess charge which may be incurred in respect of that Vehicle in pursuance of an Order under section 45 and 46 of the Road Traffic Regulation Act 1991, as amended or replaced by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
Any financial penalty or charge which may be demanded by a third party as a result of the vehicle having been parked or left upon land which is not a public road.
Any charges, costs and expenses as a result of you using the Vehicle, including any reasonable additional administrative charges, arising from or incidental to any person, firm, company or regulatory body impounding or taking possession f the Vehicle, save to the extent that any insurance policy covers such costs and expenses.
Any reasonable administrative expenses for the handling of charges specified above (clause 10, a-d) by us or another company supplying the Vehicle to us.
If there is any material breach of the terms of this Agreement and we treat the Agreement as terminated, we reserve the right to repossess the Vehicle from you and you agree that we may enter such parts of your property to retrieve the Vehicle provided that we do not use any force, nor cause any damage to your property.
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.
Any dispute concerning the interpretation of the terms, exceptions or conditions of the Agreement shall be resolved in any local court or competent jurisdiction in accordance with the law of the country in which this Agreement was signed.
