RENTAL AGREEMENT

1. Your contract with us

When you (also referred to as the “Hirer”) sign the form  you accept the conditions set out in this rental agreement (the “agreement”). Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask any member of staff at the place you rented the vehicle from.

2. Rental period

You will have the vehicle for the rental period shown in the agreement. We (also referred to as the “Lessor”) may agree to extend this rental period but the rental period may never be more than 30 days.

If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We can charge you for every day or part day you have the vehicle after you should have returned it to us, please note the provisions of condition 3.g. Until we get the vehicle back we will charge you the daily rate published at the place you have rented the vehicle from.

3. Your responsibilities

You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel.
You are responsible for any damage to the vehicle caused by hitting low objects, such as bridges or low branches.

You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.

You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
You must let us know as soon as you become aware of a fault in the vehicle.

You must notify us immediately if the vehicle you have hired requires a service or maintenance. Missed servicing will incur a charge of £1000 due to potential loss of warranty, reduction in value of vehicle or such other related charges.
You must stop driving the vehicle and notify us immediately if the vehicle requires maintenance or any warning lights show (i.e. engine management, ad blue, software update etc). If these are ignored and additional costs are incurred, these will be chargeable to you in full.

You must bring the vehicle back to the place we agreed, during our opening hours. One of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is reinspected by a member of staff.

If a vehicle is off hired after 3pm, then the rental charge will only terminate at 08:30am the following working day.

You will have to pay for repairs if:

1. the vehicle needs more than our standard valeting (cleaning);
2. you have damaged the inside of the vehicle.
   Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.

You must not abandon the vehicle in the event of an accident or breakdown and to inform the Police where necessary and contact the Lessor’s office as soon as possible.

4. Our responsibilities

We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Also, if you are not renting the vehicle for business purposes, we are responsible for loss caused by:

1. the vehicle not matching our description of it;
2. the vehicle not being of the quality that you would be entitled to expect from a rental vehicle;
3. the vehicle not being fit to drive;
4. us not having the legal right to rent out the vehicle.

If you are renting the vehicle for business purposes then all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

We cannot guarantee specific vehicles, makes or models and we reserve the right to offer alternative vehicles if required.

The vehicle you have hired may be fitted with a tracking and/or camera device.

We are responsible if someone is injured or dies as a result of our negligence. We are also responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

In the event of a breakdown or vehicle malfunction the Lessor will not be liable to the Hirer for any financial or time losses involved.

5. Property

We are only responsible for the loss or the damage to property left in the vehicle if the loss or damage results from our negligence.

6. Conditions for using the vehicle

The vehicle must only be driven by you and any other driver  we authorise.

You or any other authorised driver must not:

1. use the vehicle for hire or reward;
2. use the vehicle for any illegal purpose;
3. use the vehicle for racing, pace making, testing the vehicle’s reliability and speed;
4. use the vehicle while under the influence of alcohol or drugs;
5. drive the vehicle outside England, Scotland and Wales, unless we have given you written permission;
6. overload the vehicle;
7. if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator’s licence if you do not have one.

7. Charges

We work out our charges using our current price list. You will pay the following charges:

The rental and any other charges we work out according to this agreement.

Any charges for loss or damage resulting from you not keeping to condition 3.

A refuelling service charge if you have used, and not replaced, more fuel than we supplied originally. The charge is based on the rates published at the place you rented the vehicle from.

All costs relating to fuel/AdBlue misuse, for example, but not limited to, running the vehicle dry or not topping up the vehicle when warned.

The Hirer shall be liable for any parking or excess charge where the vehicle is left on a private place or road or land and any fee for freeing a vehicle from such a situation. The Hirer shall also be responsible for any fines or interest charged in respect of “Bus Lane” or “Congestion Charging” offences. The Lessor will make a charge to the Hirer to cover any administration or processing costs in handling parking, congestion charging or other fines incurred by the Hirer.

The full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not your fault), depending on any insurance you have (as set out in condition 8), if and when we demand this payment.

A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, it is a write-off (can’t be repaired) or it has been stolen and we are waiting to receive full payment of the vehicle’s value. We will charge you at the published daily rate and we will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.

Any charges arising from Customs and Excise or Immigration Authorities seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand this payment.

Any published rates for delivering and collecting this vehicle.
Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time.
Value added tax and all other taxes on any of the charges listed above, as appropriate.

You are responsible for all charges, even if you have asked someone else to be responsible for them.

You can get details of our insurance and damage protection programme from the office you rented the car from.
British Vehicle Rental and Leasing Association

8. Our insurance

The conditions of our insurance apply. By accepting the rental you are accepting the conditions of insurance.

We have a legal responsibility to have third party insurance. This provides cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to £250,000).

We will provide cover for loss or damage to the vehicle if you have initialled the box marked ‘Collision and loss damage waiver’ over the page. If you accept this, you still have to pay an amount up to the ‘responsibility amount’ every time you damage the vehicle.

Should the hired vehicle be involved in a total loss incident or stolen and not subsequently recovered the hirer will be responsible for the full amount above any normal excess taken.

All damage caused above the head height of the driver will not be covered by the Lessor’s insurance nor any third-party damage caused in such incidents. All such overhead damage will be chargeable in full to the Hirer along with any loss of hire whilst the vehicle is reinstated to a roadworthy condition.

10. What to do if you have an accident

You should get the names and addresses of everyone involved, including witnesses. You should also:

1. make the vehicle secure;
2. tell the police straight away if anyone is injured or there is a disagreement over who is responsible; and
3. you should contact us straight away unless such dire circumstances prevent such action.

11. Information

You agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1998.

12. Rights of Third Parties

The Hirer acknowledges that the Lessor’s vehicles are financed through third party vehicle finance companies (“Finance Houses”) and that these Finance Houses have certain rights under this agreement, even though are not signatories of the same. These rights include:

The right to visit or enter the Hirer’s place/s of business to ascertain the whereabouts of any vehicles funded by them;
The right to uplift the vehicles if the Hirer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any agreement between the Lessor and the Finance House;
In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the vehicles, the Finance House has the absolute and immediate right to enter the Hirer’s premises or those of the Hirer’s customers to identify the whereabouts and uplift the vehicles;
Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the vehicles until the end of the rental period under this agreement.
Subject to the Finance House’s agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall be entitled to make rental payments to the Finance House directly so as to avoid termination of the rental period of that agreement; such payment must be made without set off, deduction or counterclaim.

13. Ending the agreement

If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We will also end this agreement if you do not meet any of the conditions of this agreement.
If you are a company, we will end this agreement straight away if:

1. you go into liquidation;
2. you call a meeting of creditors;
3. we find out that your goods have been taken away from you until you pay off your debts;
4. you do not meet any of the conditions of this agreement.

If we end the agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim extra costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle and charge you if we do this.

The Hirer or person paying for the hire and using a Credit or Charge card for that purpose will allow the use of that card to cover all costs associated with that specific hire with respect to extended hiring, fixed penalty fines, parking fines etc incurred by the hirer. Refuelling charges. Repairs or replacement not covered by insurance and the liability of the hirer and any insurance excess charges. Without limitation.

13. Governing law

This agreement is governed by laws of England and Wales and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.