Rental Agreement Terms & Conditions
1. In this Agreement the
following terms shall have the meanings hereby respectively
assigned to them.
Hirer: The person named as such on invoice
Driver: The Hirer and/or other person
specifically approved by the Lessor to drive the vehicle during the
duration of this agreement.
Vehicle: The original vehicle described on
invoice or any replacement vehicle.
Accessories: The spare wheel, tools or any other
items with which the vehicle supplied and any replacements
thereof.
Rental Period: The period from the date and time
out stated on invoice until the re-delivery of the vehicle into the
physical custody of the Lessor.
Rental Charges: The hire charges for the rental
period calculated in accordance with the Lessor's current
tariff.
Refuelling Charge: A surcharge which is
added to the cost of the amount of 'Top-Up' fuel needed when the
vehicle is returned to the Lessor. Calculated in accordance with
Lessor's current tariff.
Excess Amount: The sum specified overleaf as the
excess amount.
Excess Waiver Fee: A fee calculated in accordance
with the Lessor's current tariff which limits the Hirers liability
to pay the excess amount to the amount of the
non-waivable-excess.
Non Waivable Excess: The Hirer's liability will
be limited to the amount of the non-waivable excess if Excess
Waiver is purchased in accordance with the Lessor's current tariff
or is part of an inclusive tariff rate offered by the Lessor.
Personal Accident, Personal Effects & Goods in Transit
Insurance Fees: Fees which entitle the Hirer to
the benefits of the cover set out in the master policies issued to
the lessor.
Current Tariff: The Lessor's tariff current at
the commencement of the hire.
The Insurance Policy: The Lessor's policy of
insurance on the vehicle a copy of which is available for
inspection at the rental location.
2. The Hirer acknowledges
that:
a. The vehicle is fit for his purpose and
undertakes to return it and its accessories to the place and on the
date due back specified on invoice.
b. He has received the vehicle free from
apparent defects or damage (except as indicated on invoice)
c. The Lessor has no liability in respect of any
injury, loss or damage arising from the use of the vehicle, nor
shall the Lessor be liable for any indirect loss or damage, or, in
the case of consumers, damage which was not foreseeable by both
parties.
d. The Lessor shall not be liable for damages
arising from defects or mechanical failures which are not
attributable to any breach of the Manufacturer's warranty or any
warranty implied by law to take reasonable care or exercise
reasonable skill.
3. During the rental period the
Hirer shall keep the vehicle and its accessories in his or any
approved driver's possession and shall not allow a third party to
take possession of the vehicle or its accessories and when not in
use the Hirer shall keep the vehicle and its accessories adequately
protected and secured.
4. The Hirer and any driver
shall ensure that the vehicle will not be used:
a. For hire or reward
b. For racing, pacemaking, rallying, speed
testing, driving tuition or similar purposes or for propelling or
towing any vehicle, trailer or other object.
c. In any manner which might render void the
insurance policy, or other contract of insurance.
d. For any illegal purpose or in contravention
of any legislation affecting the vehicle, its use or
construction.
e. By any person who:
i. Is not licensed to drive the
vehicle
ii. Is under 23 years of age or over
76
iii. Is under the influence of drink
or drugs
iv. Has given a fictitious name, age
or address
v. Has not been approved by the Lessor
as a driver.
vi. Has been convicted of a motoring
offence the details of which have not been disclosed in writing to
the Lessor at the commencement of the hire.
f. Outside England, Wales or Scotland without
prior written consent of the Lessor
5. The Hirer agrees to pay on
demand:
a. Rental charges
b. Any appropriate Excess Waiver or Personal
Accident, Personal Effects or Goods in Transit insurance fees, and
any Refuelling and miscellaneous charges.
c. The excess amount in respect of each incident
resulting in damage to or loss of the vehicle, its accessories or
any property left stored or transported in or upon the vehicle,
save to the extent that such damage or loss arises from the actions
of the Lessor.
d. All fines, charges, penalties, costs and
expenses (including all charges and penalty charges incurred under
a charging scheme) incurred in relation to the vehicle by the Hirer
or Lessor from the commencement of the rental until the vehicle is
returned to the Lessor, except where caused through the fault of
the Lessor.
e. Any Value Added Tax, local or other taxes
payable in respect of any of the above.
6. The Hirer shall compensate
the Lessor in full on demand for any loss it suffers as a
result of any damage, fire or theft to or of the vehicle including
loss of revenue to the Lessor for the period during which the
vehicle shall remain unavailable for rental by reason of such
matters and any claims made by any persons in respect of the
vehicle whilst it is in the Hirer's custody. This clause applies
whether you have insurance or not. This clause shall not apply to
any loss caused by or the responsibility of the Lessor.
7. The Hirer and any driver
shall:
a. 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.
b. Inform the Lessor of any loss of or damage to
or fault developing in the vehicle as soon as the Hirer or driver
becomes aware of the loss, damage or fault.
c. At the request and cost of the Lessor permit
to be done in his own name all acts and things as may be reasonably
required by the Lessor for the purposes of repairing the vehicle or
enforcing any rights or remedies or of obtaining relief from other
parties in respect of any loss or damage to or in connection with
the vehicle or its accessories.
d. Indemnify the Lessor against such loss as is
recoverable at law where that loss is incurred by reason of a
breach of this Agreement by the Hirer or any driver.
e. Ensure that maximum payload and individual
axle plated weights are not exceeded.
f. Be responsible for the loading or unloading
of the vehicle.
g. Obtain or maintain any necessary operator's
licence.
8. The Hirer and any driver
shall not:
a. Without prior consent of the Lessor incur any
liability for repairs to the vehicle in excess of £25
b. Be the agent or servant of the Lessor for any
purpose.
c. Make any claim for loss of or damage to any
property left stored or transported in or upon the vehicle unless
due to our negligence.
