Terms and Conditions of Hire

TERMS AND CONDITIONS OF HIRE

 

1. In no event shall the vehicle be used, operated or driven

    • a. for the carriage of persons for hire or reward whether express or implied
    • b. by any person who is less than 21 years of age or more than 75 years of age or who has given Licensee any false or fictitious particulars
    • c. knowingly for any unlawful purpose
    • d. to propel or tow any vehicle or trailer
    • e. for racing pacemaking reliability trials speed testing or driven tuition
    • f. by any person except Lessee a qualified licensed driver 21 years of age or older named overleaf and having Lessee’s prior consent or a motor vehicle repairer in the event of an accident or breakdown
    • g. to carry a greater number of passengers and/or more baggage than recommended by the manufacturer
    • after the expiry of the period of hire as stated overleaf
    • h. Outside the United Kingdom without the express written approval and authorisation of

 

2. Lessee will return the vehicle to the Licensee’s address as shown overleaf and on the date shown overleaf or earlier as demanded by Licensee together with all tyres tools accessories and equipment in the same condition as when received ordinary wear and tear excepted provided however, that Lessee observing the terms of this Agreement in all respects shall not be liable for loss or damage to the vehicle from perils insured against under Licensee’s comprehensive vehicle insurance coverage except that if Lessee has not elected to pay an extra premium to avoid excess Lessee shall be responsible for collision damage only up to £    per collision or other incident.

 

3. The Lessee shall not use the vehicle if any damage or fault arises to make the vehicle unroadworthy or liable to cause danger to any person or property until such damage or fault has been repaired or corrected. In the event of any such fault(s) arising which can be repaired at a total cost of less than £10 the Lessee shall either return the vehicle to the Licensee or authorise the carrying out of such repair prior to commencement of the repair. The Lessee shall not without the Licensee’s consent permit repairs to a vehicle at a total cost in excess of £10 or suffer any lien to be placed upon it and will pay for any and all charges in connection with any such unauthorised repairs. The Lessee shall inform the Licensee as soon as reasonably possible of any fault to the vehicle requiring repair or to the carrying out of any repair to the vehicle as aforesaid.

 

4. Neither Lessee nor any other driver of the vehicle shall be or be deemed to be the agent servant or employee of Licensee for any reason or for any reason or for any purpose.

 

5. Licensee shall provide comprehensive vehicle insurance cover for the benefit of the Lessee and others of age 21 or over driving with his prior consent and named by Lessee overleaf. The Lessee agrees to comply with and be bound by all the terms conditions limitations and restrictions of such a policy as if here fully set forth including any of not specifically mentioned herein. Such a policy may be inspected at Head Office of the Licensee shall (subject to the requirements of the Road Traffic Acts) not apply

  • to any obligation for which the Lessee or any driver of the vehicle or the employer of either or any insurance carrier may be held liable under any workmen’s compensation or disability  benefit, or similar law
  • to any obligation assumed by the Lessee or any driver under any express or implied contract
  • to any liability of Lessee or any driver or any employer of either arising while the vehicle is being used in violation of any of the limitations set forth in Paragraph 1
  • to medical payments required by person sustaining injuries while riding or alighting from or getting into or on the vehicle.

 

6. Without limiting any other provisions of this Rental Agreement Lessee shall be solely liable for and shall indemnify and hold Licensee harmless against all fines court costs penalties and forfeitures imposed on Licensee or Lessee under any competent jurisdiction arising out of or in connection with the vehicle or its use (except where solely due to fault on the part of the Licensee).

 

7. Lessee shall immediately report any accident to Licensee and deliver to Licensee or its insurer if so directed by Licensee every process pleading or notice or paper of any kind received by Lessee or any driver of the vehicle relating to any claim suit or proceeding connected with any accident or event involving the vehicle. Neither Lessee nor any driver of the vehicle shall aid or abet the assertion of any such claim suit or proceeding and shall co-operate fully with Licensee and its insurer in investigating and defending the same.

 

8. Lessee shall defend indemnify and hold harmless the Licensee from and against any and all losses liabilities damages injuries claims demands costs and expenses arising out of or connected with the possession or use of the vehicle during the rental term (except those covered by the insurance provided hereunder by Licensee) including but not limited to any and all claims of or liabilities to third parties arising out of the abandonment conversion secretion concealment or unauthorised disposal of the vehicle by lessee or his drivers agents or employees or the confiscation of the vehicle by any governmental authority for illegal or improper use of said vehicle.

 

9. Licensee shall not be liable for loss or damage to any property of Lessee or any other person which may have been in or on the vehicle either before or after its return to Licensee whether or not related to the negligence of Licensee or its agent’s servants or Lessee shall assume all risk of such loss or damage waive all claims therefore against Licensee and defend indemnify and hold Licensee harmless from all claims arising out of such loss or damage.

 

10. Licensee has the right to refuse any hire and may also demand the return of the vehicle at any time and if in Licensee’s reasonable judgement such demand might not be complied with Licensee may repossess the vehicle and terminate this Rental Agreement without any liability for any loss or damage which Lessee may sustain as a result of such demand termination or repossesion.

 

11. Lessee will pay Licensee on demand all time mileage service minimum and other charges entered overleaf at the rates shown or computed as provided in this Rental Agreement. If Lessee has directed charges to be billed to another person and such person shall fail to make payment Lessee acknowledges personal liability for and shall pay such charges on demand. Licensee may retain the security deposit provided overleaf to cover any amount due or which might become due hereunder.

 

12. In the event of default in the payment of any amount due to Licensee under terms of this agreement and if this account is placed in the hands of an agency or solicitor for collection or legal action Lessee agrees to pay in addition to the amount due hereunder all costs of collection including agency and solicitor fees and court fees.

 

13. The number of miles over which the vehicle has been driven under this Rental Agreement shall be determined by reading the standard mileage recording device attached to the vehicle by the If this device fails through mechanical breakdown the mileage charges shall be computed from full particulars in regard to the use to which the vehicle has been put during the period of hire which Lessee shall furnish to Licensee. If the device shall fail to function because its seals have been tampered with or broken by any person or due to a cause other than mechanical breakdown Lessee shall pay for repair of the unit or replacement of the seal as the case may be and also a reasonable vehicle rental charge calculated in accordance with the information available to the Licensee regarding the use of the vehicle and charges raised in rental cases appearing to the Licensee to be of similar character (in lieu of the charge calculated as above).

 

14. The Lessee agrees that any misstatement herein contained or any breach of any provision of this agreement will authorise the Licensee forthwith to repossess the rented vehicle by use of any lawful means.

 

15. The Lessee is responsible for theft of the rented vehicle unless keys are removed and doors locked.

 

16. The Lessee shall have exclusive possession control and use of this motor vehicle for the entire period of this agreement and Lessee shall completely assume full responsibility to the public and any regulatory body having jurisdiction He undertakes to drive and use the vehicle in a skillful and careful manner at all times.

 

17. The Lessee is responsible for the return of all keys.

 

18. Licensee will not cover ‘Goods in Transit’.

 

19. The Lessee is responsible for all penalty charges during the period of hire. This includes areas that require congestion charges and ultra low emission zone charges. The Lessee must ensure they make the required payment should they enter these zones with the vehicle on hire.

 

20. In the event of cancellation, there will be a minimum of £25 charge made by the Lessee.

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