We give every hirer a crib sheet with the answers to the most popular questions.
However, if you want the full terms & conditions in detail – here they are:
(copies are available upon request in the office or via email)
TERMS & CONDITIONS
- In this agreement, the following terms shall have the meanings hereby respectively assigned them.
|Accessories: the spare wheel, tools and other items with which the Vehicle is supplied & any replacements thereof;
|Personal Accident, personal effects & goods in transit insurance fees: the fees payable by the hirer, as set out in the current tariff, which entitle the hirer to the benefits of the personal accident, personal effects & goods in transit cover set out in the insurance policy;|
|Current Tariff: the lessorâ€™s tariff of charges at the commencement of the rental period;||Refuelling charge: the surcharge which is added by the lessor to the cost of any â€˜top-upâ€™ fuel needed when the vehicle is returned to the lessor, which shall be calculated in accordance with the current tariff;|
|Driver: the hirer and/or other person named as such or any person specifically approved by the lessor to drive the vehicle during the duration of this agreement;||Rental charges: the vehicle hire charges for the rental period, which shall be calculated in accordance with the current tariff;|
|Excess Amount: the fees specified overleaf as the excess amount;||Rental period: the period commencing at the start of the vehicle hire, as stated and finishing on the redelivery of the vehicle into the physical custody of the lessor;|
|Excess waiver fee: the fee, which shall be calculated in accordance with the current tariff, which limits the hirers liability to pay the excess amount of the non-waivable excess;||Vehicle: the vehicle described and any replacement vehicle;|
|Hirer: the person named as such on the rental agreement||Insurance Policy: the lessors policy of insurance on the vehicle, a copy of which is available for inspection at the rental location;|
- The hirer acknowledges that:
- He shall return the vehicle and its accessories to the place and on the date/time specified in the rental agreement;
- He has inspected the vehicle, which is supplied in accordance with the manufacturers specification, subject to any qualification or representation contained in any documentation supplied by the lessor, and is satisfied that the vehicle is in satisfactory condition and is free form apparent defects or damage (except as indicated on the vehicle check sheet);
- Subject to clause 13 & except where the injury, loss or damage is caused by the lessor, the lessor shall not be responsible for any injury, loss or damage arising from the drivers 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 buy you and us; and
- The lessor shall not be responsible for any injury, loss or damage arising from any defect or mechanical failure which is not attributable to any breach of the manufacturerâ€™s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.
- During the rental period, the driver shall keep the vehicle and its accessories in his possession and shall not allow a third party to take possession of the vehicle or its accessories and, when not in use, the driver shall keep the vehicle and its accessories adequately protected and secured.
- The hirer shall, and shall procure that any driver shall, ensure that the vehicle will not be used:
- For hire or reward;
- For racing, pacemaking, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or object
- In any manner which might render void the insurance policy, or other contract of insurance;
- For any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction;
- By any person who:
- Is not licenced to drive the vehicle
- Is under 21 years of age or over 65
- Is under the influence of drink or drugs
- Has supplied the lessor with false information
- Has not been approved by the lessor as a driver; or
- 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 rental period; and
- Outside of England, Wales, Scotland without prior written consent of the lessor.
- The hirer agrees to pay on demand:
- The rental charges;
- Any applicable excess waiver fee, the personal accident, personal effect or goods in transit insurance fees and any refuelling charges
- 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;
- 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 during the rental period, except where caused by the fault of the lessor; and
- Any value added tax, local or other taxes payable in respect of any of the above.
- The hirer shall be responsible for all losses that the lessor suffers as a result of any damage, fire, theft to or of the vehicle or its accessories during the rental period (unless caused as a result of the lessors negligence or the lessors breach of this agreement), and this shall include any loss of rental income incurred by the lessor as a result.
- The hirer and any driver shall:
- Ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in these terms and conditions as if the same were fully set out herin;
- Inform the lessor of any loss or damage to or fault developing in the vehicle as soon as the driver or hirer becomes aware of the loss, damage or fault;
- 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;
- Be responsible for any losses, expenses or other costs incurred by the lessor by reason of a breach of this agreement by any driver;
- Ensure that the maximum payload and individual axle plated weights are not exceeded;
- Be responsible for the loading and unloading of the vehicle; and
- Obtain or maintain any necessary operatorâ€™s licence
- The hirer and driver shall not:
- Without the prior written consent of the lessor, incur any liability for repairs to the vehicle or its accessories in excess of Â£25; and
- Make any claim for loss or of damage to any property left stored or transported in or upon the vehicle unless due to the lessorâ€™s negligence. The hirer may purchase insurance to cover such loss or damage by indicating in the relevant box on the rental agreement
- The hirers liability will be limited to the amount of the non-waiverable excess (as specified) if the hirer pays the excess waiver fee in accordance with the current tariff or is in part of an inclusive tariff rate offered by the lessor. Even if an excess waiver is paid, the hirer shall be responsible for payment of any excess amount where the loss of or damage to the vehicle or its accessories arises from the negligent or wilful action of the hirer or driver.
- The rental period shall not be exceeded without the lessors express authorisation in writing and in any event shall not exceed 89 days.
- If the hirer does not comply with any of the material conditions of this agreement, he shall return the vehicle to the lessor immediately and pay to the lessor on demand such loss as is recoverable at law where that loss is caused by the hirerâ€™s non-compliance. Where the hirer fails to return the vehicle, the lessor may re-take possession of the vehicle and all reasonable costs and expenses incidental to the lessorâ€™s recovery of the vehicle shall be paid by the hirer to the lessor on demand.
- If any addition to any alteration to these terms and conditions is required, it is preferable that they are confirmed in writing by the parties.
- Nothing in these terms and conditions shall be deemed to exclude or restrict the lessorâ€™s liability for death or personal injury resulting from negligence or any other liability of the lessor which cannot be excluded as a matter of law.
THESE TERMS AND CONDITIONS ARE PART OF THE RENTAL AGREEMENT