Rental Agreement Terms & Conditions
- Your
contract with us
Please read this agreement carefully. If there is anything you do not
understand, ask a member of staff to explain it.
When you sign our rental agreement, you accept the
conditions set out in this rental agreement.
You will have use of the
vehicle for the period shown in the agreement. We may agree to extend this
rental period, but the total rental duration will not be for more than 30 days.
If you do not bring back the vehicle at the time
and date specified in your rental agreement, you will be in breach of a
condition of this agreement. We can charge you for every day or part of the day
you have the vehicle after you should have returned it to us. We will charge
you a daily or hourly rate (which will be shown at the place you have rented
the vehicle from) until we get our vehicle back.
If you do not keep to the conditions of our
agreement, we can ask you to bring back the vehicle before the date and time we
have agreed with you. To do this we will give you written notice in person or
send it to an address you have given on our rental agreement, including an
email address, or via text message to your mobile phone, if provided. Once we
have given you the notice in person, you will no longer have our permission to
have the vehicle. If we send the notice via email or SMS, you will no longer
have our permission to have the vehicle. If we send you notice via first class
post, two working days after we have posted it you will no longer have our
permission to have the vehicle. We may then take back our vehicle. If we
believe you have given us false information which was material to the decision to rent the vehicle to you, we may take back the vehicle without giving you
any notice. You will be required to arrange collection of the vehicle in these instances.
- You must inspect the vehicle
and any accessories, such as a satellite navigation system, we provide before
you take the vehicle. If you are not satisfied with the vehicle or any
accessories or if you do not think the condition of the vehicle meets our pre-rental
inspection report, you must notify the office where you rented the vehicle
from. In the absence of such notice, it shall be deemed that you received the
vehicle and any accessories in perfect working order.
- You must take care of the
vehicle, any accessories and the keys or other locking device (including any
apps which can be used with the vehicles) for the vehicle. You agree to return
the vehicle in the same condition in which you received it. You must always
lock the vehicle when you are not using it, and use any security device which
is fitted or supplied with the vehicle. You must always use your best
endeavours to protect the vehicle against adverse weather conditions which
could cause damage to the vehicle. You must make sure that you use the correct
fuel and fluids in the vehicle. If the vehicle is electric or plug-in hybrid
you must charge the vehicle in accordance with the instructions provided.
- Depending on section 8 of
this agreement (‘Our motor insurance and damage protection programme’), you are
responsible for any damage to the vehicle. You must pay our reasonable costs
for bringing the vehicle back to the condition stated in the pre-rental
inspection report. This could include the cost of any damage inside and outside
the vehicle, cleaning costs if the vehicle is very dirty, and replacement or
repair of any items or accessories provided to you.
- You must not sell, rent or
dispose of the vehicle, any of its parts or accessories. You must not give or
try to give anyone the legal rights to the vehicle or transfer legal ownership.
- You must not let anyone work
on the vehicle without our written permission.
- You must let us know as soon
as you become aware of any defect with the vehicle, or if the vehicle is stolen
or involved in an accident or broken down. Failure to notify may result in you
breaking this agreement and liable to paying costs we incur.
- If we have agreed to drop off
the vehicle at an address you have given us, you will be responsible for the
vehicle from the time we drop it off at this address.
- Unless we have agreed to
collect the vehicle from you, you must return the vehicle to the location or
rental branch we agreed. You must return it during the published opening hours
or at a time and place we tell you. When you return the vehicle, our staff must
check its condition. If we have agreed to allow you to return the vehicle
outside of our opening hours, you will stay responsible for the vehicle and its
condition until our staff have checked it at the earliest opportunity the
following day. We may need to clean the vehicle before our staff can check its
condition.
- You must not carry any object
or substance which, because of its condition or smell, may harm the vehicle or
delay us renting or selling it.
- We will identify and tell you
about any existing damage to the vehicle before you sign this agreement.
- The vehicle you have hired
may be fitted with a tracking device, and by signing this agreement you agree
that we have your consent to record and use any data we collect. The tracking
device will be used to ensure safe and compliant operation of the vehicle in
line with the terms of this agreement. If the vehicle is not returned on the
agreed date, time and place we will use the data recorded on the device to
recover our vehicle.
- We have maintained the
vehicle to at least the manufacturer’s recommended standard. The vehicle is
roadworthy and suitable for you to use at the start of the rental period.
- We are responsible if someone
is injured or dies as a result of our action or failure to act. We are also
responsible for any loss you suffer as a result of us breaking this agreement,
if we could have predicted your loss at the time this agreement started and it
is a result of us breaking this agreement. We are not responsible for any
indirect losses which occur as a side effect of the main loss and which we or
you could not have predicted, such as loss of profits or loss of opportunity
(for example not being able to go to a business meeting or catching a flight).
We are only responsible for loss or damage to
property in the vehicle if the loss or damage is a result of our neglect or if
we have broken this agreement. You are responsible for removing your personal
belongings, including your data, from the vehicle at the end of the rental
period, as we are not responsible for any items/data you leave in the vehicle.
If you do leave items in the vehicle, we may agree to keep them for you to
collect within a reasonable time. We may charge you reasonable costs for
storing the items.
- Conditions
for using the vehicle
- Only you, any driver named on
the rental agreement, and anyone we have given written permission to, can drive
the vehicle. Anyone driving the vehicle must have a full driving licence which
is valid in the European Economic Area for the type of vehicle you are renting.
- You must not rent the vehicle
to anyone else. You must also not use the vehicle or let someone else use it:
- for any illegal purposes or
in a way which would cause nuisance;
- to carry passengers for a fee
(except for minibuses which you have a valid operator’s licence for);
- for driving lessons;
- to tow or push any vehicle,
trailer or other object, without our written permission;
- for racing, pacemaking, or to
test the vehicle’s reliability, performance or speed;
- off roads or on roads unsuitable
for the vehicle;
- if you or the driver has been
drinking alcohol or taking drugs that would result in the vehicle being
operated illegally;
- outside the United Kingdom,
unless we have given you written permission and a Vehicle on Hire Certificate
(VE103B);
- if it is loaded beyond the
manufacturer’s maximum weight recommendations;
- to carry unsecured loads;
- to carry more passengers than
the vehicle was manufactured to legally carry; or
- to operate a goods vehicle or
minibus without a valid operator’s licence when required to do so.
We work out our charges using our current price list, which includes
VAT (see the rental agreement).
You will be responsible for paying the following charges:-
- The rental and any other
charges we work out according to this agreement.
- Any charge for loss or damage
resulting from non-compliance, as set out in section 3 and 6 (above),
including, where applicable, an administration fee to reflect reasonable
administration costs which arise in dealing with these matters.
- A refuelling service charge if you did not return
the vehicle back to us with the agreed amount of fuel or electricity. The
charge will be based upon the rates contained within this agreement or those at
the location or rental branch you rented the vehicle from (or both). However,
if at the time of signing the agreement, you have agreed to pay for a full tank
of fuel and return the vehicle without refuelling, then no refuelling service
charge shall be payable. You will not receive any credit for any unused fuel or
electricity left in the tank or battery at the end of the rental period.
- All charges, including legal and administrative
costs for any road-traffic offence or parking (local authority or private),
congestion or toll charges, or any other
offence or charges involving the rental vehicle, including costs from the
vehicle being clamped, seized or towed away. You are responsible for paying the
appropriate authority or company for any charges and costs if and when they ask
you or us for these payments. You will also be responsible for paying our
reasonable administration charges for dealing with these matters. However,
where it is not reasonably practicable to transfer liability for any such fine
or charge, we may use our discretion to settle the fine or charge with the
appropriate authority and re-charge you such amount together with an
administration charge to reflect our reasonable administration costs. Should
you wish to appeal, contest or dispute any such fine or charge we shall pass all
relevant information to you and you must liaise directly with the appropriate
authority or company to obtain any refund, where this is possible.
- The reasonable cost of
repairing any damage to the vehicle which was not noted at the start of the
agreement, whether you were at fault or not (depending on section 4). You will
also be responsible for paying the reasonable cost of replacing the vehicle if
it is stolen or written off, depending on any insurance or cover you have (as
set out in section 8 below), if and when we demand this payment. You will also
be responsible for paying our reasonable administration charges for dealing
with this matter. Should we consider damage to the rental vehicle to be caused
by your gross negligence, serious carelessness, or deliberate misuse, then we
reserve the right to recharge the full cost of repairs regardless of the cover
that has been taken out, e.g. driving the vehicle illegally or driving through
a flood. Any call out for a customer induced fault, (e.g. losing the key to the
vehicle) could lead to additional charges being applied to the rental
agreement.
- A loss-of-income charge, when
we demand it, if we cannot rent out the vehicle because it needs to be
repaired, if it is a write-off (it cannot be repaired), or if it has been
stolen and we are waiting to receive a full payment of the vehicle’s value.
- We will only charge you for
loss of income if we cannot get back our losses under the damage protection
programme, as explained in section 8. We will charge you at the published daily
or hourly rate, and we will never charge you for more than 30 days rental
charges. In addition, we will also make suitable deductions for any costs which
we have avoided during the period that the vehicle cannot be rented, up to a
maximum of 30 days. We will always do everything we can to make sure we repair
the vehicle or get back our costs as soon as possible.
- Any recovery charges arising
from the Driver and Vehicle Services Agency (DVSA), HM Revenue & Customs
(HMRC), the police, or any other organisation or their agents, who have seized
our vehicle while on hire to you. You will also have to pay us a loss-of-income
charge while we cannot rent out the vehicle.
- Any published rates for
delivering and collecting the vehicle, a charge for an extra driver or
returning the vehicle late, and charges for accessories such as child car
seats, satellite navigation systems and other similar items.
- 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 as published by Barclays Bank. We will publish this
rate from time to time.
- You are responsible for any
loss or damage to additional equipment hired at time of rental including but
not limited to satellite navigation equipment, baby seats etc.
- We will work out all charges
in line with this agreement, and they will include VAT (if this applies).
You are responsible for all charges, even if you have asked someone
else to be responsible for them.
- Our
motor insurance and damage protection programme
You can get full details of our damage protection
programme from the office you rented the vehicle from, or from our website.
If we arrange separate motor insurance, we will
give you information on the motor insurance cover and any restrictions which
may apply. Otherwise, the conditions of our motor insurance and damage
protection programme will apply. By putting your initials in the appropriate
box on the rental agreement, you are confirming that you have read the
conditions of our motor insurance and damage protection programme and accept
the conditions.
We have a legal responsibility to have third-party
motor insurance. This provides cover for
claims if you injure or kill
anybody or damage their property. Cover for damage to property is limited to
£1,000,000.
We will provide cover for loss or damage to the
vehicle if you have ticked the box marked ‘Collision and loss damage waiver’ on
the rental agreement. Even if you accept this, you still have to pay an amount
up to the ‘responsibility amount’ every time you damage the vehicle. Damage to
the roof, window and ancillary
equipment is not covered by the collision and loss
damage waiver and you will be responsible for the full cost of repair.
The responsibility amount you have to pay in each
case is shown on the rental agreement.
We will provide cover for theft and damage to the
vehicle caused during a theft or attempted theft, if you have ticked the box
marked ‘Theft waiver’ on the rental agreement. Even if you accept this, you
still have to pay an amount up to the ‘responsibility amount’ if the vehicle is
stolen.
We will, if available, provide personal accident
insurance, personal belongings insurance and goods-in-transit insurance on a
non-advised basis. You are responsible for deciding whether these products are
suitable for your needs. We are not responsible if the product does not meet
your needs.
9 Your own motor insurance
If we have agreed to fill in
the appropriate box on the rental agreement prior to the conclusion of the
rental agreement, you may arrange your own motor insurance to cover your legal
responsibility for any loss or if the vehicle is stolen or damaged for the full
period you are renting the vehicle for and third party liability. You must
prove that this motor insurance is valid and sign the confirmation on the
rental agreement. We have the right to agree:
- the amount of cover you
arrange;
- the type of policy you
choose; and
- the insurer you choose.
We must be satisfied with the
motor insurance cover and policy conditions, and you must not change them. We
may ask your insurers to record our name as owners of the vehicle. If the
vehicle is damaged or stolen, we will negotiate any settlement for loss or
damage with your insurers, and we will receive any money they pay out. This
includes allowing us to take legal action in your name and defending any
proceedings taken against you. You are responsible for paying the full claim
and paying all costs if the policy you have arranged fails and the vehicle is
damaged, lost or stolen, or someone else makes a claim.
It is your responsibility to
ensure details of all vehicles supplied by us for a period of more than 14 days
are entered onto the Motor Insurance Database within 3 days of the vehicle
being supplied to you. If we receive any notices or penalties relating to the
vehicle being uninsured then we will ask you to pay our reasonable costs for
dealing with them.
10 What to do if you have an accident or the vehicle is stolen
If you are involved in an accident, you must not
admit that you are responsible. You should describe the situation as fully as
possible when you are asked to do so by the police and the rental company. You
should get the names and addresses of everyone involved, including witnesses.
You should also:
- make sure the vehicle is
secure;
- tell the police straight away
if anyone is injured or if there is a disagreement over who is responsible; and
- contact us straight away.
You must then fill in our accident report form and send it to our
address shown on the rental agreement.
If the vehicle has been
stolen, you must tell us as soon as possible and confirm this in writing as
soon as reasonably possible. You or any authorised drivers will also need to:
- get the names and addresses of any witnesses
and give them to us;
- send us any notices or other documents relating
to any legal proceedings arising out of
the theft or loss;
- help us and our insurers in any legal
proceedings, including allowing us to take legal action in your name and defending any legal action
taken against you; and
- give us back all keys and report the theft or
loss to the police as soon as reasonably possible.
11 Data protection
By entering into this rental agreement you agree
that we can process and store your personal information in connection with this
agreement including data collected from the vehicle. We may use your
information to analyse statistics, for market research, credit control and to
protect our assets.
You agree that if you break the terms of this
agreement we can pass your personal information to credit-reference agencies,
debt collectors, the police or any other relevant organisation. We can also
give this information to the British Vehicle Rental and Leasing Association
(BVRLA), which can share your personal information with its members to prevent
crime and protect their assets, as allowed under the Data Protection Act 1998.
- Ending
this agreement
- We will end this agreement 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 may end this
agreement if you do not meet its main conditions.
- If you are a company, we will
end this agreement if:
- you go into liquidation;
- you call a meeting of
creditors;
- we find out that your goods
have been taken away from you until you pay off your debts; or
- you do not meet any of the
conditions of this agreement.
- If we end this agreement it
will not affect our right to receive any amount you owe us under the conditions
of this agreement. We can also claim reasonable costs from you if you do not
meet the main conditions of this agreement. We can repossess the vehicle and
charge you a reasonable amount for doing so.
- The
law
We aim to deal with all
disagreements fairly and calmly. If we cannot deal with a disagreement, we may
take the matter to the BVRLA’s conciliation service. This agreement is governed
by the laws of the country in which you signed it. Any disagreement may be
settled in the courts of that country. This agreement contains all the
conditions which we have agreed and replaces any written or verbal agreements
we have with you