CAR HIRE UK
Online Vehicle Rental Terms and Conditions of Business
1. PAYMENTS BY CARD
3. DEDUCTIONS FROM DEPOSITS
4. WHEN PAYMENT OF RENTAL CHARGES and DEPOSIT is REQUIRED
5. INSURANCE and INSURANCE EXCESS
6. THE CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD
7. RENTAL PERIOD and CHARGES
8. AT CONCLUSION of the RENTAL PERIOD
9. VEHICLE FAULTS
10. RESTRICTIONS on USE of the RENTAL VEHICLE
11. MISCELLANEOUS TERMS and CONDITIONS.
CAR HIRE UK
Online Vehicle Rental Terms and Conditions of Business
i. By accepting your booking, the Company does so on the basis that you have accepted these terms and conditions.
ii. These rental terms and conditions, along with our online booking guide at www.car-hire-uk.com will help you understand what you can expect from us and what we need from you and must be read in conjunction with the information on our website booking pages and our vehicle Insurer’s (Hireguard) Terms and Conditions which can also be viewed online and a copy of which will be completed and signed by the Customer at the commencement of the rental period. Click Here for Hireguard Terms and Conditions
iii. Binding Contract; As stated at clause i above, once you have confirmed your booking online, these Terms and Conditions of business will form a binding contract between the Company and you the Customer and therefore in all cases must be read carefully and understood before you confirm your booking. In the event of any queries in relation to these terms and conditions and the online booking procedure arising, you are requested to raise these with the Company’s Customer Services Department before proceeding.
In these Rental Terms and Conditions;
(a) “the Company” means Elsinore Garage and Company Limited, 4Ellenslea Road, St Leonards-on-Sea, East Sussex, TN37 6HX, Company No. 00575284 (CAR HIRE UK) @ www.car-hire-uk.com (hereinafter referred to as “the Company”, “we”, “us”), its Directors, Officers, shareholders, employees, servants or agents;
(b) “the Customer” (hereinafter referred to as “the Customer”, “you”, “your”, “their”, “it”) means the person, firm or organisation by or on behalf of whom vehicles are rented from the Company under these terms and conditions;
(c) Authorised Driver; means the driver(s) additional to the Customer approved and entered overleaf by the Company. The Customer will ensure that any Authorised Driver will comply with these terms and conditions and the Customer will indemnify the Company in respect thereof;
(d) “Vehicle” means the vehicle to be hired (or any replacement vehicle) described in the online booking;
(e) “SDW” means Super Damage Waiver. Please see clause 4.9 as to the effect of this waiver on your insurance excess
(f) “PDW” means Premium Damage Waiver. Please see clause 4.10 as to the effect of this waiver on your insurance excess.
(g) “Rented equipment” means any accessory, equipment or other item additional to the rental vehicle (for example sat nav device, child seat etc) supplied by the Company pursuant to the this agreement
(h) “Rental Period” means the time that you collect the vehicle from the Company until the agreed time that you return the vehicle and keys at the agreed drop off point.
The Rental Period will not terminate at the time that you drop off the vehicle if you deliver it earlier than agreed and you will be responsible for the vehicle up until the agreed time. Clause 7 details what occurs in the event that you do not return the vehicle to the place or by the time agreed.
(i) (i) “Accidental Damage” means any damage to the vehicle or the rented equipment that is caused by accident during the rental period
(j) (j) “Malicious damage” means any damage to the vehicle or the rented equipment that is caused maliciously or by wilful error or neglect or otherwise than by accident during the rental period
(k) “the Deposit” the amount paid by the Customer as detailed in Clause 2
CUSTOMERS ARE REQUESTED TO NOTE THE FOLLOWING IMPORTANT TERMS REGARDING PAYMENTS, DEPOSITS AND REFUNDS:-
1 PAYMENTS BY CARD
1.1 The Customer acknowledges, agrees and hereby authorises the Company to charge any credit, charge or debit card nominated at the time rental is booked, for any and all charges due to the Company however and whenever arising pursuant to the terms of this agreement including the Deposit referred to in Clause 2 below,
1.2 The Company will debit the Customer’s nominated debit, credit or chargecard at the times and for the amounts referred to on the booking page and as below
2.1 Inadditionto the rental charges, in all cases, the Company will take a Depositin the amount shown on the online booking procedure at stages 2 and 3. The amount of the Deposit is automatically calculated in accordance with factors including the class of vehicle rented, the duration of the rental, the insurance arrangements and whether or not SDW or PDW has been selected by the Customer. The Deposit will be charged to the customers debit/credit card four weeks prior to the commencement of the Rental Period or if the booking is made within four weeks of the commencement of the Rental Period, at the time of the booking.
2.2 The Deposit will be refunded at the time specified in clause 2.6 below and subject to any applicable deductions as described in clauses 2.3 and 3 below.
2.3 The purpose of taking such a Depositfrom all Customers, is to indemnify the Company in respect of any of its unforeseen or unauthorised losses and/or liabilities relating to the hire of the vehicle to the Customer, for example but not limited to;
2.3.1 any insurance excess
2.3.2 the cost of repairs for uninsured damageto the vehicle or rented equipment during the rental period,
2.3.3 any fines or penalty chargesincurred by the Customer or Authorised Driver during the period of hire for which the Company could be held to be liable (for example driving in a Bus Lane, Parking infringements etc),
2.3.4 refuellingcosts at the end of the period of hire in the event that the Customer fails to return the vehicle with a full tank of the correct fuel,
2.3.5 the Company’s additional unforeseen administrative costsas referred to in this agreement.
Please note that following a road traffic accident, it is possible that the Insurance companies of the parties involved (and the Police if also involved) may take several weeks or even longer to process and conclude claims and the Deposit will not be refunded to the Customer until such time as all such matters have been resolved and the Company is informed by Insurers of the final outcome.
2.4 In most cases, there will be a full refund of the Deposit as detailed in clause 2.5 below, but in those cases where there are such costs arising during or at the end of the Rental Period the Deposit will be refunded, less any Deductionsthat apply, as described at clause 3 below.
2.5 The Deposit (or the balance thereof in the event of deductions being necessary) will be returned to the Customer’s bank account from which it was taken (see 2.6 below), subject to any deductions calculated in accordance with clause 3 below, within 21 working days of the later of;
2.5.1 The end of the Rental Period, or
2.5.2 The time that the vehicle is returned to the Company’s possession if it is not delivered at the end of the agreed Rental Period; or
2.5.3 The completion of any vehicle repairs, or payment of any Road Traffic Act fines incurred by the Customer or Authorised Driver and for which the Company is required to pay the relevant Authority or body
2.6 Please note that the Deposit will only be refunded to the same account or card (name and number) from which it was taken and not to any third party or alternative account without prior written agreement of both the Customer and the Company
2.7 In the event that the Company intends to hold the Deposit longer than the 21 working days set out in 2.5, the Company will confirm this in writing to the Customer prior to the expiry of that period setting out the reasons why it is withholding the return of the Deposit. If the reason for holding the Deposit is due to a Pending Road Traffic Act fine the Company will send the Customer evidence of that fine within the 21 day period set out in Clause 2.5. If the reason for withiholding the Deposit is due to damage to the vehicle then photographic evidence of the damage clearly identifying the vehicle hired along with a summary of repairs required and the costs of such repairs will be sent to the Customer within the 21 day period described in Clause 2.5.
3 DEDUCTIONS FROM DEPOSITS
3.1 These will be made for the reasons stated above and only in the following situations;
3.1.1 Where the vehicle or the rented equipment is returned in a damaged condition. In the case of Accidental Damage the deduction will be to pay for the costs of repair up to the limit of any Insurance Excess applicable to the rental. In the case of Malicious Damage the Company reserves the right in its discretion to make a deduction for the full uninsured costs of repair or replacement;
3.1.2 Where the vehicle is returned with less than a full tank of fuel, in which case the deduction will be for cost of filling the vehicle’s tank with the appropriate fuel at the prevailing cost per litre or part thereof.
3.1.3 Where the Company is notified during the course of the Rental Period, or within 21 working days of the end thereof (or within 21 days of the vehicle being returned to the Company in the event that the Customer does not return the vehicle at the end of the Rental Period) of any Road Traffic offence in which the vehicle or the Customer or the Authorised Driver has been involved, including by way of examples, but not limited to; speeding, parking, driving in a bus lane, or any offence under the Road Traffic Act. In these instances, any fines, costs, expenses or other payments that the Company is required to pay, will be deducted from the Deposit or debited to the Customer’s nominated card. If such fines become payable after the Deposit has been returned, the customer will be notified by email that payment has been taken from the nominated card and be provided with details of the fine.
3.1.4 Where administrative and other expenses are incurred by the Company as described below (for example special cleaning, forwarding Customer property, etc), such reasonable expenses will be deducted from the Deposit or debited to the Customer’s nominated card. The Company will notify the Customer by email that such expenses will be taken.
3.1.5 Where a deduction is made from the Deposit or the entirety of the Deposit is to be used to pay the above amounts, the Company will inform the Customer as soon as is practical (and in any event no later than 21 days after the deduction has been made) of the deduction, provide evidence as to the amount of the deduction and will provide an invoice detailing the amount charged.
4 WHEN PAYMENT OF RENTAL CHARGES and DEPOSIT IS REQUIRED
4.1 The rental charges for the Rental Period, the Insurance Charge, the SDW and/or the PDW charges (if selected) and the Deposit will all be debited IN FULL to the Customer’s nominated bank account at the time of booking if this is less than 28 days prior to the commencement of the Rental Period. In the event that the Rental Period is extended, any additional charges will be debited at the point of agreement with the Company to any such extended period of rental.
4.2 In the case of advance bookings of more than 28 days before the commencement of the Rental Period, the above payments will be debited at the time of booking except the Deposit which may be taken separately and subsequently as detailed in Clause 2.1 above
5 INSURANCE and INSURANCE EXCESS
5.1 The Customer may with the prior agreement and approval of the Company, provide their own fully comprehensive insurance cover for the duration of the Rental Period.
5.2 In the event that the Customer selects the Hireguard Insurance at the point of booking then the Customer hereby acknowledges and accepts the Insurer’s (Hireguard) Terms and Conditions of business in conjunction with these terms and conditions. The Customer confirms that they have read the Hireguard Terms and Conditions and will be asked to sign a copy at the commencement of the rental period.
5.3 Which ever Insurance option is in place, the Customer will supply any information concerning the driver(s) of the rented vehicleto the Company upon demand and undertakes to allow the Company direct communication access to the driver(s) of the vehicle and will fully co-operate in obtaining such access.
5.4 SDW and PDW terms are availableand these can be selected at the time of booking. If selected these will reduce the amount of the insurance excess and thus the amount of Deposit required, subject to terms of issue. See clauses 5.8 and 5.9 below.
5.5 The Company and Insurers require the Customer to have a current full valid driving licence which they have held for at least 12 months prior to rental. The Customer warrants that they do hold such a licence. The Company and the Insurers reserve the right to inspect such licence.
5.6 Vehicles for which SDW or PDW are taken out are rented to the Customer on condition that the Customer complies with the respective terms and conditions. Neither the Company nor its Insurer will accept any liability for loss or damagecaused whilst a vehicle is rented to a Customer who does not comply with these conditions, and the Customer agrees to make any payment necessary to put the Company in the position it would have been in if the breach had not occurred.
5.7 In the event that the Customer has to make a claim against the insurance policy the customer will be liable to pay an insurance excess as follows;
£500.00 for vehicle groups A and B,
£600.00 for vehicle groups C, D and E,
£800.00 for vehicle groups F and G, and
£1000.00 for group I
5.8 If the Customer takes out the SDW cover the excess that the Customer will have to pay in the event that a claim is made against the insurance policy is reduced to;
£75.00 for vehicle groups A, B, and C,
£150.00 for vehicle groups D, E,F,G and H and
£500.00 for group I.
5.9 If the Customer takes out the PDW cover the Customer’s liability for Insurance excess is £ zero.
5.10 The insurance cover through Hireguard is fully comprehensive and the Customer has no further liability for Accidental Damage or theft other than the insurance excess. In the event that an insurance claim is made then the insurance excess will be deducted from your deposit as detailed in clause 3.1.1 above
5.11 For the avoidance of doubt, the insurance excess will be payable not only in the event of damage to the vehicle but also in the event of theft of the vehicle or the rented equipment.
5.12 In the event of any incident involving damage to the vehicle or the rented equipment, whether or not a third party or parties is involved, on each and every such occasion, the Customer will forthwith complete and deliver to the Company its accident/incident report form and will use their best endeavours to supply full details to the Company or Insurers of any third party vehicle involved in any accident with the vehicle.
6 THE CUSTOMER’S OBLIGATIONS
6.1 The Customer acknowledges that notwithstanding the provisions hereof, it has a duty to ensure that all reasonable care is taken to prevent damage or loss to the vehicle throughout the Rental Period (including any extended period).
6.2 The Customer and any Authorised Driver acknowledge and accept the Company’s strict No Smoking Policy within the hired vehicle and undertake at all times to refrain from smoking in the vehicle and to require any passenger from doing so. The Customer indemnifies the Company in respect of any breach of this policy and the consequences thereof.
6.3 The Customer accepts responsibility for any loss or Malicious Damage to the vehicle or the rented equipment or caused by their wilful act or negligence. This includes, but is not restricted to, responsibility for any loss or damage to the vehicle or its toolkit/ accessories or the rented equipment as a result of theft occurring when the Customer or its servant or agent or the Authorised Driver has left the keys in or with the vehicle and the Customer hereby indemnifies the Company against all loss or damage so arising.
6.4 The Customer undertakes to ensure that the vehicle is not subject to overloading in respect of the number of persons or weight of goods carried within the vehicle.
6.5 The rented vehicle shall not be taken out of mainland UK without the Company’s prior consent.
6.6 If (with the Company’s prior consent) the vehicle is used outside the mainland UK, the Customer undertakes to ensure that the vehicle is checked for illegal immigrants before returning to the UK.
6.7 The Customer undertakes to return the vehicle with all tyres, tools, audio equipment and other accessories or rentedequipment in the same condition as when received at the commencement of the Rental Period (normal wear and tear excepted) to the place and on the date set down overleaf.
6.8 If special cleaning is required due to soiling or for any other reason, (for example all vehicles in which smoking has taken place contrary to the Company’s No Smoking Policy will have to be so cleaned), the Company will make a separate charge (typically, approximately £50.00) to cover the actual cost of any such special cleaning required which will be deducted from the Deposit pursuant to clause 3
7 RENTAL PERIOD and CHARGES
7.1 The Company agrees to rent and the Customer agrees to take the vehicle for the Rental Period agreed as at the time of booking.
7.2 Vehicles are rented for the Rental Period at a daily rate according to the Company’s published rental charges together with VAT at the relevant rate, one day being defined as any period of 24 hours from the time of commencement of the Rental Period.
7.3 In the event that the Customer requires to extend the Rental Period after the Rental Period has commenced, the Customer must notify the Company at least 12 hours prior to the end of the originally agreed Rental Period with a view to seeking the Company’s agreement to extend the Rental Period.
7.4 In the event that the Customer does not return the vehicle at the end of the Rental Period or agreed extension to the Rental Period,to the agreed drop off point the Customer will be liable for any loss or damage incurred by the Company as a result.
7.5 The Company reserves the right, in the event that the Customer does not return the vehicle (either to the agreed drop off point or at all) at the end of the Rental Period or at the end of any agreed extension thereto, to use such means as it may choose to recover said vehicle. In addition to any losses incurred by the Company the Customer will be charged at the Company’s standard rate for daily hire for every 24 hours or part thereof between the end of the agreed Rental Period and the time that the vehicle is returned to the Company’s possession.
7.6 If in accordance with clause 7.3 the Customer seeks to extend the Rental Period beyond 28 days, the Customer must notify the company of the mileage of the vehicle.
7.7 The Company reserves the right to substitute a suitable replacement vehicle.
7.8 In the event that during the Rental Period a vehicle reaches the mileage at which a routine service is due, the Customer undertakes to notify the Company and make the vehicle available to the Company for such servicing to be carried out, or for the vehicle to be replaced with a suitable alternative vehicle, at the Company’s discretion.
8 AT CONCLUSION OF THE RENTAL PERIOD
8.1 As stated above the rental vehicle must be returned to the Company at the agreed drop off point on the agreed date and time. All vehicles will be delivered to the customer with a full tank of fuel. The Customer is liable for the cost of fuel from the time they take possession of the vehicle until such time as it is returned to the Company at the agreed return point. The Customer accepts responsibility for the cost of re-fuelling at the prevailing rate per litre or part thereof should the Customer fail to return the vehicle fully fuelled.
8.2 The cost to the Company of having to fill the fuel tank at the conclusion of the Rental Period (the Customer having failed to do so), will be the Customer’s liability and such amount will be deducted from the Deposit pursuant to clause 3 above.
8.3 At the termination of the Rental Period it is the Customer’s responsibility to ensure that the vehicle is parked in a suitable place to allow collection at the end of the Rental Period by a Company Representative..The vehicle must be parked legally and with parking provision up until the end of the Rental Period. Should a penalty notice be incurred by the Customer due to parking illegally before the end of the Rental Period the Customer will be responsible for these charges. Should these remain unpaid they shall be charged to the Customer, together with an administration charge of £50.00. These penalties and the administration charge will be deducted from the Deposit as per clause 3 and or debited to the Customer’s nominated bank account. The Customer will be given notification of the intended action.
8.4 The Customer is responsible for the payment of any civil penalty and restoration charges and loss of income whilst the Company cannot rent out the vehicle, if the vehicle is seized by Customs and Excise or the Immigration Authorities.
9 VEHICLE FAULTS
9.1 In the unfortunate event of any vehicle fault arising, the Customer will immediately inform the Company of any such fault with the vehicle and in particular will not use the vehicle whilst/if it is in an unroadworthy condition.
9.2 The Company will provide roadside assistance, in case of breakdown in mainland United Kingdom. Accident calls are excluded from this cover.
9.3 In the event that the vehicle remains immobile after call out, the Company will, at is discretion, either replace the vehicle or make alternative arrangements for the driver / passengers.
9.4 If the vehicle is used outside the mainland UK and becomes inoperable the Company cannot guarantee that this service will be available.
10 RESTRICTIONS ON USE OF THE RENTAL VEHICLE
10.1 The vehicle will not be used:-
10.1.1 For the carriage of passengers or property for hire or reward.
10.1.2 For racing, pace making, reliability trails, speed testing, driving instruction.
10.1.3 To propel or tow any other vehicle or trailer.
10.1.4 In violation of the provision of any legislation, order or regulation affecting the use, loading or condition of the vehicle or for any illegal purpose.
10.1.5 Outside mainland United Kingdom without the express agreement of the Company.
10.2 The vehicle will not be driven by any person:-
10.2.1 other than the Customer or the Authorised Driver.
10.2.2 who is under the age of 21 or over the age of 69 unless previously arranged with the Company. This may be modified by restrictions imposed by the Company relating to its vehicles from time to time.
10.2.3 who has not held a full valid driving licence for a minimum of 12 months.
10.2.4 who is under the influence of alcohol, hallucinatory drugs, narcotics, or barbiturates.
10.2.5 whose driving licence is subject to restrictions due to disability or infirmity.
11 MISCELLANEOUS TERMS AND CONDITIONS.
11.1 The Customer acknowledges that any property placed within the vehicle is at their own risk and that the Company has no responsibility for such property. Property forwarded on to a Customer following the conclusion of the rental period will be charged at cost plus the Company’s administration fee of £25.00 and deducted from the Deposit or debited to the Customer’s nominated account accordingly.
11.2 The Customer will at the Company’s request do all required by the Company on its behalf and on behalf of the Company’s insurer’s and permit the Customer’s name to be used by the Company for enforcing any rights or remedies against any person in connection with the vehicle.
11.3 The Customer or any Authorised Driver of the vehicle will in no way be deemed to be the agent, servant, employee or in any way associated with the Company.
11.4 The Company will not either on its own behalf or on behalf of the insurer, waive any of its rights hereunder except in writing signed duly by a authorised representative of the Company or the insurer respectively.
11.5 The Company reserves the right not to reimburse any repairs in excess of £1 not authorised in advance by the Company.
11.6 If the Customer is a company or other organisation for which a credit account has been opened these terms and conditions must be read in conjunction with the corporate terms and conditions of trading given to the Customer at the time of opening the account as varied from time to time. In the event of any inconsistencies the corporate terms and conditions shall prevail.
11.7 The Company reserves the right to terminate the rental to which this agreement refers if it becomes aware of any breach by the Customer or the Authorised Driver of these terms and conditions. Upon breach of these terms and conditions the Company may give your personal details to credit reference agencies, the driver and vehicle licensing authority (DVLA), customs and excise, the police, debt collectors, and any other relevant organisation. The company may also give your personal details to the British vehicle rental and leasing association, who may pass your details on to any of its members for any purpose stated in the Data protection act 1998.
11.8 Government taxes and other levies will be charged as required by current legislation.
11.9 Amendments to reservations are subject to a £15.00 administration fee.
11.10 If cancellation protection is opted for, we will protect you from any cancellation charges payable subject to a £25.00 admin fee, if you are unable to honour your booking prior to 24 hours before start of rental. If this option is not selected the Customer will be liable for a 100% cancellation fee of rental. No refund is given for rentals ended early by the Customer.
11.11 Airport Locations; It is essential that the Company is given the correct flight and arrival time before arrival. If this is not available at time of booking this can be forwarded to email@example.com quoting your booking reference and updated online using your login. No responsibility can be accepted or compensation allowed for a failed rental due to the late provision of the above information.
11.12 Child and booster seats are mandatory in most countries and must be requested at the time of booking. Although child seats and booster seats are fitted in the vehicle it is recommended that you fully check the fitting as no liability will be accepted.
11.13 By accepting our terms and conditions the Customer confirms that they have not had a proposal for insurance declined, a policy cancelled or renewal refused or been required to pay an increased premium or had special conditions imposed by any motor insurer. The Customer has not been convicted of any motoring offence during the past five years, or had your licence suspended during the past ten years, nor has any prosecution pending. If you have answered yes you will need to check what convictions are allowed before proceeding with your reservation online. You will also need to check with us if you have had any accidents and/or claims in the past 36 calendar months. If you have had any physical or mental defects or infirmity or suffered from diabetes, fits or any heart complaint you will also need to call our international reservations team on +44 (0)870 922 2839to get a clearance code
11.14 This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The English Courts shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with it.
12.1 The Company very much hopes that you will have an enjoyable and trouble free experience in renting a vehicle from us. In the event that you are not entirely satisfied the following is the Company’s complaints handling procedure;
12.2 Step 1: (Preliminary) At the end of a period of hire, we have found that misunderstandings can arise as a result of Customers not having taken the time to consider the terms of this Agreement before contacting the Company. Therefore, the Company would ask that that in the event that your complaint is in relation to perceived problems arising at the conclusion of the rental period in regard to such matters as to the refund of your Deposit, refuelling, damage to the vehicle, or debits to your nominated account, we would invite you to take the first step of reconsidering the terms of this Agreement relating to such matters, for example at clause 2 (Deposit) Clause 3 (Deductions from Deposits), Clause 8 (At Conclusion of the Rental Period) Clause 6.8 (Special Cleaning) and Clause 11 (Admin/cancellation fees), which we hope will clarify resolve the matter for you.
12.3 Step 2: (Informal stage) If, having carried out Step 1 above, in the unfortunate event that you still feel that our service or the vehicle that we have provided you with is unsatisfactory then we would invite you to please either call our customer services department on ++44 (0) 870 922 2839or email customer services with brief details and in order to raise the matter informally with the Company. The Company will take steps to look into the matter and respond as soon as possible.
12.4 11.4 Step 3: (Formal stage) If you do not receive a satisfactory response or outcome within 2 working days, then please write formally to the Company for the attention of its Director Mr Maurice Goodwin, using the same email address, setting out your complaint in full detail.
12.5 The Company will use its best endeavours to investigate your formal complaint and to give you a formal written response within 3 working days.
12.6 In the event that you still remain unsatisfied with the Company’s response, you may wish to seek advice on your legal rights. Free advice is available by contacting Citizens Advice Consumer Service on 08454 04 05 06