Terms and Conditions

GENERAL

These terms and conditions shall be incorporated into and govern this agreement made between the Owner and the Renter, whose names and addresses are set out in the agreement.

Words and expressions defined overleaf shall, where applicable, have the same meanings when used herein. In addition, the term “vehicle” when used herein shall (if applicable) be deemed to include any replacement vehicle and all tyres, tools, accessories, parts, and equipment relating to the vehicle.

Where the person signing this agreement on behalf of the Renter is not the Renter, he or she represents and warrants to the Owner that he or she is authorised to sign and enter into this agreement on behalf of the Renter, and all agreements and obligations on the part of the Renter hereunder shall be deemed to be made by such person jointly and severally with the Renter.

HIRE OF VEHICLE

The Owner agrees to let, and the Renter agrees to hire the vehicle upon and subject to the terms and conditions of this agreement.

The period of hire shall commence at the time and date specified and shall continue (subject to earlier termination by either party or any extension in accordance with this agreement) until the time and date specified for return.

The period of hire may not be extended without the Owner’s prior written consent, and in any event, the period of hire shall not exceed 30 consecutive days.

PROHIBITED USES

The Renter will not use the vehicle or allow it to be used for any purpose for which it is neither designed nor suitable, including (without limitation) the carriage of passengers and/or property for hire or reward, any unlawful, hazardous, or unusual purpose, propelling or towing any other vehicle or trailer, or for any similar purpose without the Owner’s prior written consent; racing, rallying, pace-making, reliability, speed testing or other trials, competitions of any sort, or driving tuition; carrying a number of passengers and/or property that would cause the vehicle to be overloaded or would cause any applicable restriction to be exceeded; the use of the vehicle on any surface other than roads with tarmac or concrete surfaces over which there is a right of way (public or private) for motor vehicles.

The Renter will not allow any other person to drive the vehicle unless they have been approved in writing by the Owner. The Renter will not take or allow the vehicle to be taken out of the United Kingdom without the Owner’s prior written consent.

PAYMENTS

The Renter will pay the Owner on demand:

(a) The total deposit specified, together with any further deposits requested by the Owner on or before the commencement of any extension of the period of hire, which the Owner may apply at any time towards payment of any sums due from the Renter hereunder. (b) The rental and mileage charges computed at the Owner’s current tariff for mileage covered or deemed covered by the vehicle from the commencement of the period of hire until the vehicle is returned to the Owner in accordance with the terms of this agreement, as recorded by the odometer installed in the vehicle. If the Owner decides, in its absolute discretion, that the odometer has failed or malfunctioned or has been interfered with in any way, the mileage charge shall be estimated by the Owner in its absolute discretion. (c) The amounts (if any) specified for time charges, collision damage waiver, theft protection, personal accident and personal effects insurance, and other miscellaneous charges (if any) specified overleaf. (d) All fines, penalties, costs, charges, and liabilities relating to parking, road traffic, or other offences or contraventions incurred in relation to the vehicle by the Renter or the Owner (except where caused through the fault of the Owner) from the commencement of this agreement until the vehicle is returned to the Owner in accordance with the terms of this agreement. (e) The Owner’s costs of repairing or replacing the vehicle in the event of loss, theft, or damage, howsoever caused, plus loss of revenue to the Owner (calculated at the Owner’s unlimited mileage charges for the period during which the vehicle remains unavailable for rental by reason of such matters), provided that if the vehicle is operated in accordance with all the terms of this agreement, the Renter’s liability in respect of damage to or theft of the vehicle will be limited to a non-waivable excess charge in accordance with the Owner’s current tariff. (f) The cost of refuelling the vehicle if returned to the Owner with less fuel than was in the vehicle’s fuel tank at the commencement of the period of hire, together with the Owner’s current tariff for refuelling service charges. (g) The Owner’s costs incurred in recovering the vehicle if the Renter fails to return it to the Owner in accordance with this agreement. (h) Any value added tax (VAT) or local or other taxes payable in respect of the above. All overdue payments shall bear interest on the amount overdue at the rate of 2.5% per annum above the Bank of England’s minimum lending rate from time to time, from the date such sums become due to the date of actual payment.

RENTER’S OBLIGATIONS

The Renter shall at all times during the term of this agreement:

(a) Take proper care of the vehicle and ensure it is used in a lawful and reasonable manner in all respects, and in particular (without limitation) keep the vehicle locked when not in use. (b) Return the vehicle to the Owner in the same condition as when received, as evidenced by the Renter’s signature on the Owner’s “return check form” relating to the vehicle (fair wear and tear excepted), to the Owner’s address specified overleaf, immediately upon demand by the Owner (such demand not to be made without reasonable cause), subject to a refund to the Renter of any sums already paid by the Renter in excess of those due under the terms of this agreement. (c) Immediately report any accident, loss, or damage involving the vehicle to the Owner and the Police or any other authority, and at the Owner’s request, complete an accident report form without delay. (d) Immediately report any breakdown, fault, or defect reasonably requiring repair to the Owner, and not use the vehicle if the defect or fault makes it unroadworthy or liable to cause damage or danger to persons or property, or further damage to the vehicle, until such defect or fault has been repaired or corrected. The Renter will take all reasonable steps to prevent or mitigate any loss or damage occurring to the vehicle. (e) Obtain the Owner’s prior written consent before incurring repair costs in excess of £25. (f) Not remove or interfere with any vehicle parts or spares or with any identification marks or plates affixed to the vehicle. (g) At the Owner’s request, assist the Owner in enforcing any rights or remedies the Owner may have against third parties in respect of any loss or damage to or in connection with the vehicle arising during the term of this agreement.

LIMITATION OF LIABILITY

The Owner warrants that from the commencement of the period of hire:

(a) It will take all reasonable steps to provide the Renter with a well-maintained vehicle. (b) When informed of a breakdown by the Renter, it will ensure the necessary repairs are carried out promptly, if possible. (c) If repairs cannot be carried out promptly, it will provide a suitable vehicle or allow the Renter to terminate the hire.

All other warranties, conditions, or terms relating to contracts of hire, whether implied by statute, common law, or otherwise, are excluded to the fullest extent permitted by law. In particular (but without limitation), the Owner shall not be liable to the Renter for any indirect or consequential loss or damage (including loss of revenue), costs, expenses, liabilities, or any other claims or demands arising out of or in respect of:

(a) Any breakdown, malfunction, failure, or defect of the vehicle. (b) Any property left, stored, or transported by the Renter or by any other person in or upon the vehicle, either before or after the return of the vehicle to the Owner.

Provided always that nothing herein contained shall restrict or exclude the Owner’s liability for death or personal injury caused by the Owner’s negligence, or any other liability of the Owner which cannot be excluded as a matter of law.

INSURANCE

Except where the Renter has elected personally to insure the vehicle, as evidenced by the Renter’s signature, the Renter participates as an insured driver under the Owner’s vehicle insurance policy and agrees to observe all the terms and conditions thereof. A summary of the terms and conditions of such an insurance policy is available for inspection at the Owner’s address specified overleaf, and a copy of the policy may be inspected on request at Harrison’s Autocentre, LA2 7NB. The Renter further agrees to protect the interests of the Owner and the Owner’s insurance company in the case of an accident during the term of this agreement by:

(a) Making every effort to obtain the names and addresses of parties involved and of witnesses. (b) Not admitting liability or guilt to any third party. (c) Not abandoning the vehicle without adequate provisions for safeguarding and securing it. (d) Calling the Owner’s office by telephone using the number specified, and further providing a detailed report, including (without limitation) plans and drawings, to the Owner. (e) Notifying the police or any other authority immediately.

Where the Renter has elected personally to insure the vehicle (as evidenced as aforesaid), the Renter undertakes to insure and keep insured the vehicle during the term of this agreement under a fully comprehensive motor insurance policy (including windscreen damage) to its full replacement value, free from limitation or excess, with reputable insurers approved in writing by the Owner. The Renter agrees to observe all the terms and conditions of the said policy. The Renter shall, at the Owner’s request, supply full details of such policy to the Owner and shall procure that any money paid by the Renter’s insurers under the said policy is paid directly to the Owner, and the Renter shall compensate the Owner for any loss or damage suffered by the Owner in excess of any monies received by the Owner.

INDEMNITY

The Renter will indemnify and hold harmless the Owner and keep the Owner indemnified and held harmless against all costs, losses, claims or damages, expenses, and liabilities of whatsoever nature suffered or sustained by the Owner as a result of or in connection with:

(a) Any breach by the Renter of any of the provisions of this agreement. (b) Any loss or damage to property left, stored, or transported by the Renter or by any other person in or upon the vehicle either before or after the return of the vehicle to the Owner, provided that this indemnity shall not apply to the Owner for death or personal injury caused by the Owner’s negligence or any other liability of the Owner which cannot be excluded as a matter of law.

TERMINATION

If the Renter commits any breach of this agreement, or if any statement, representation, or warranty made by the Renter overleaf or in these terms and conditions in respect of themselves or any additional driver is incorrect, or if a receiving order is made or a petition in bankruptcy is presented against the Renter (or being a company, the Renter goes into liquidation, whether voluntarily or compulsorily, or a receiver, administrator, administrative receiver, or manager shall be appointed over the whole or part of its business or assets); or if any distress or execution is levied against any of its goods, then in any such event, the Owner may terminate this agreement forthwith, but without prejudice to any of the Owner’s accrued rights and remedies against the Renter.

On the expiry or termination of this agreement, howsoever occasioned, the Renter shall no longer be in possession of the vehicle with the Owner’s consent, and the Renter shall forthwith return the vehicle in the same condition as when received, as evidenced by the Renter’s signature on the Owner’s “return form” relating to the vehicle (fair wear and tear excepted) to the Owner’s address specified overleaf. Provided that under no circumstances shall the Renter return the vehicle to the Owner outside the Owner’s normal published opening hours without the Owner’s prior consent. If the Renter commits any breach of this agreement, the Owner may, without notice, retake possession of the vehicle together with the insurance certificate and any other documents of the Owner, and for such purpose may enter upon any premises belonging to or in the occupation or control of the Renter and hold the Renter liable for the full amount of costs relating to the hire.

Earlier termination of any pre-paid hire agreements will incur a cancellation fee of £30+VAT if you cancel between 7 days and 48 hours before your booking date. If you cancel less than 48 hours before, up to 100% of the hire cost may apply.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement and understanding between the parties hereto, and no variation to this agreement shall be binding unless agreed in writing by the Owner.