Terms and Conditions
The Lessor agrees to let to the Hirer and the Hirer acknowledges that the motor vehicle described in Section (3) overleaf is fit for his/her purpose. The Hirer confirms that he/she has been given adequate time and opportunity to carefully read the terms and conditions herein and agrees to be bound by them in the entirety.
1. The vehicle described in section (3) is the property of the Lessor. The Hirer described in Section (1) and declaration overleaf agrees to return the vehicle together with all tyres, tools, accessories and other equipment in the same condition as received at commencement of this Rental Agreement to the place and on the date and time specified overleaf. Or sooner if demanded by the Lessor.
2. During the rental period the Hirer shall keep the Vehicle together with it accessories, tools and equipment in his/her sole possession and free from any and all legal process or lien,, and when not in use to adequately protect and secure it.
3. The vehicle will not be used:
(a) For the carriage of passengers for hire or reward
(b) For any unlawful purpose or in contravention of any Act, Order or Regulation affecting the Vehicle or its use of construction.
(c) To propel or tow any other vehicle or trailer.
(d) For racing, pace-making, reliability trials, speed testing or driving tuition.
(e) To carry greater number of passengers and/or more baggage than recommended by the manufacturer.
(f) For any person other than the Hirer who has signed the Rental Agreement or who has been nominated as a driver by the Hirer and approved by the Lessor.
(g) By any person who has within the preceding period of ten years been convicted of a driving offence under the influence of drugs or alcohol, or dangerous driving, or had had more than one accident in the previous three years.
(h) By any person not holding a valid driving licence, including where necessary or appropriate HGV driving licence.
(i) By any person under 21 years of age, or over 70 years of age unless authorised by the Lessor.
(j) In any manner which may render the applicable insurance policy void.
(k) Outside England, Scotland or Wales without the Lessors consent. In which event, adequate insurance for the purpose of Foreign use must, prior to any travel commitment arrangement, be in force and the provision of same shall be subject to separate and additional insurance premium, payment of which shall fall to the Hirer.
(l) In the circumstances where the maximum pay load or individual axle plate weights are exceeded Hirer is responsible for loading and unloading the Vehicle.
4. Where a person signing the Agreement purports to do so on behalf of another, they warrant that they are authorised to do so and in such case is deemed to act as Agent Universal, but in any event shall remain personally liable to the Lessor.
5. Neither the Hirer nor any servant as Agent or to the hirer is or may hold himself out to be the Servant or Agent of the Lessor for any purpose whatsoever.
6. The Hirer is not authorised to effect any repairs to the Vehicle not to incur any cost on the Lessors Account without the Lessors express prior consent.
7. The Lessor is not and cannot be held liable for loss or damage to any property stored, transported in or on the Vehicle after it has been returned to the Lessors possession.
8. Hirer expressly acknowledges personal liability to pay Lessor on demand:
(a) The Rental due under this agreement together with, where specified, a mileage charged computed at the rates specified for rental until Vehicle is returned (the number of miles over which said vehicle shall be operated under this Agreement shall be determined by reading the speedometer installed by the Manufacturers, it speedo fails, the mileage charge shall be made in accordance with the road map distance of the journey travelled.)
(b) Time collision damage waiver and miscellaneous charges at the rates specified in this Agreement.
(c) Lessors costs, including reasonable legal feed incurred in collecting payments due from the Hirer.
(d) Compensation for Lessors loss of use of the Vehicle whilst been recovered at the termination of this Rental whilst been repaired consequently upon any collision or other damage suffered before the Vehicle was returned to the Lessors place of business.
Fixed Penalties etc.
9. The Hirer shall be liable as owner of the Vehicle in respect of:
(a) Any fixed penalty offence committed in respect of that Vehicle under Part 1111 and the relevant schedules of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and as those provisions may be amended or replaced from time to time;
(b) Any excess charge which may be incurred in respect of the Vehicle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulations Act 1984 as amended by the Road Traffic Offenders Act 1988 and by the Parking Act 1989, and as those provisions may be amended or replaced from time to time;
(c) Any financial penalty or charge which may be deemed by any person, corporation or authority as a result of an offence of driving a vehicle in a designated Bus Lane and/or non payment of a congestion charge.
10. Unless the Hirer elects to provide own insurance the Vehicle is, at all times, covered by the Lessors insurance policy, the terms of which are available for inspection by the Hirer at the Lessors office. The Hirer shall, however remain liable for any loss or damage to the Vehicle as a result of the wilful act or negligence of the Hirer, his agent(s) or servant(s) or any breach of the terms of the Lessors insurance policy and shall indemnify the Lessor from any third party claim, whether consequential or otherwise, which arises therefrom.
Hirers own Insurance
11. The Hirer elects to provide on his or her own account a Fully Comprehensive Motor Insurance Policy covering the Lessors vehicle in its full value, current at commencement of this Agreement against loss or damage however caused (including windscreen damage). The Hirer shall in which case, provide the Lessor prior to commencement of the rental period or taking charge and possession of the Vehicle, proof of Insurance issued by an Insurer authorised by the Department of Trade and Industry and/or recognised at Lloyds of London, upon which the Lessors name and Vehicle particulars shall be formally endorsed.
12. The Hirer warrants all premiums required in respect of such Policy of Insurance detailed in section (2) overleaf are fully paid at commencement of the Rental Period and shall provide proof of same immediately upon the Lessors request.
13. The Hirer shall not use or permit use in contravention of the terms and conditions of his/her Insurance Policy contract.
14. Any breach of the terms and conditions of the Hirers Insurance Policy Contract, likely to or rendering same void the Hirer shall be held personally liable for all compensation in respect of any loss or damage suffered by the Lessor, and would otherwise have been settled by the hirers if such breach had not been committed.
15. The Hirer agrees that any compensation paid directly to him/her under the Insurance Contract detailed in Section (2) overleaf in respect of any loss or damage suffered by the Lessor without abatement of deduction of any kind.
16. The Hirer shall be liable to compensate the Lessor for any Loss or damage suffered by the Lessor in excess of the monies (if any) paid directly to the Lessors by the Hirers Insurance.
Hirers Obligations in the event of an Accident
17. The Hirer agrees to protect the interest of the Lessor and the Lessors Insurers in the case of an accident during the term of his Rental and shall immediately report to the Lessor and accident in which the Vehicle detailed and described in Section (3) overleaf is involved and shall;
(a) Make every endeavour to obtain the names and addresses including vehicle details of all parties involved.
(b) Obtain the names and addresses of witnesses.
(c) Not admit liability or guilt.
(d) Notify Police immediately if another parties, guilt has to be ascertained and/or if people are injured.
(e) Not abandon or leave the Vehicle unattended without first ensuring provision for safeguarding and securing it.
(f) Provide the Lessor with a detailed written report including diagram (accident claim report)
Data Protection Act 1998
The Lessor and Hireguard, a data controller, through a National Database which is used in conjunction with insurers to aid avoidance of a) fraud, b) multiple claims, c) bogus hirers and monitors Hirers/Drivers performance.
In compliance with said Act Hireguard is the Data controller and is accordingly licensed by the Data Protection Registrar.
Registration Number Z7122958