1. Definitions

 

1.1            “The Rental Agreement” is the Agreement signed by both parties

1.2            “the Hirer” is the person named in the Rental Agreement

1.3            “the Vehicle” is the vehicle identified in the Rental Agreement or any vehicle substituted in its place

1.4            “the Company” is Hants& Dorset Van Hire Ltd

1.5            “Rental Period” is the period set out in the Rental Agreement

 

2. Hirer’s responsibilities

 

2.1            The Hirer of the Vehicle must ensure that correct tyre pressures, engine oil level, coolant levels are maintained throughout the rental period.

2.2            The Hirer is also responsible for replacing any worn or damaged tyres occurred during the rental period

2.3            The Hirer must ensure that the Vehicle is locked when unattended and take all reasonable steps to prevent loss of or damage to the Vehicle, its tyres, tools, accessories, equipment and contents.  Also the Hirer must lock the Vehicle and ensure that all security devices fitted to the Vehicle are used when the Vehicle is left unattended.  For the avoidance of doubt, the Company shall not be liable for the loss of any property left in or damaged as a result of being in the Vehicle.  The Hirer agrees to indemnify the Company in full against any claims relating to any such property.

2.4            If the Vehicle is stolen or involved in any accident howsoever caused the Hirer must:

2.4.1         inform the police immediately and obtain a crime number

2.4.2         make no admission of liability to any persons

2.4.3        inform the Company within 24 hours, quoting the Rental Agreement number

2.4.4        obtain names and addresses of any third parties or witnesses and supply them to the Company

2.4.5        send to the Company a copy of any letter, writ, summons or any other documents relating to court proceedings arising out of the accident

2.4.6        assist the Company and it’s insurers in dealing with any Court proceedings including allowing proceedings to be issued in the Hirer’s name and defending any proceedings, attending Court if required by the Company or it’s insurers

2.5            The Hirer must inform the Company if the vehicle suffers any damage or loss or develops any fault or requires any servicing.  The Hirer is not authorised to carry out repairs to the Vehicle, only the Company shall carry out such works.

2.6            The Hirer must not do or allow to be done any work on or to the Vehicle including (but not limited to) altering, removing or changing the Vehicle’s specification or appearance

2.7            The Hirer must return the Vehicle to the Company as specified in the Rental Agreement

2.8            If the Vehicle breaks down or is not roadworthy, the Hirer must contact the Company immediately who will arrange breakdown assistance and recovery of the Vehicle back to the Company’s premises.

2.9            The Hirer must not:

2.9.1        represent that he, she or it is the owner of the Vehicle or a servant or agent of the Company

2.9.2        sell, lease or part with possession or dispose of the Vehicle or any of its parts or contents.  The Hirer is responsible for keeping the Vehicle and its parts and accessories in the Hirer’s (or any named driver’s) possession and free from any encumbrance

2.10         The Hirer must not use the Vehicle:

2.10.1      outside the mainland of England, Wales and Scotland

2.10.2      for hire or reward

2.10.3      for racing, pace-making, rallying, speed testing, driving instruction or any other hazardous or unusual use

2.10.4      for propelling, pushing or towing any vehicle, caravan or trailer

2.10.5      on un-surfaced roads, footpaths or By-ways

2.10.6      for any illegal purpose or in contravention of any legislation affecting the Vehicle, its use or construction

2.10.7      if the Vehicle suffers any damage, develops any fault or requires servicing

2.11          The Hirer must ensure that the Vehicle is not used by

2.11.1      any person who is not licensed to drive the Vehicle

2.11.2      is under 21 years of age

2.11.3      is not a named driver on the Rental Agreement

2.11.4      has been convicted of a motoring offence that has not been disclosed to the Company

 

3. The Company’s responsibilities

 

3.1            The Company agrees to make the Vehicle available to the Hirer for the Rental Period specified in the Rental Agreement at the agreed collection time.  The Vehicle will be in good working order and fit for its normal purpose.

3.2            In the event that the Hirer is left without a vehicle as a result of the Vehicle breaking down, the Company will take all reasonable steps to provide the Hirer with an alternative vehicle, failing which the Company will refund that portion of the monies paid by the Hirer to the Company in respect of the rental charge and insurance referred to in the Rental Agreement relating to the unexpired term of the Rental Period

3.3            Subject to clause 10 the Company shall have no liability to the Hirer for loss or damage arising out of or in connection with the Hirer’s use of the Vehicle during the Rental Period unless such loss or damage arises directly as a result of the Company’s negligence, breach of the Rental Agreement or breach of any of the Company’s statutory obligations under the Rental Agreement

 

4. Insurance & Damage protection

 

4.1            Insurance is provided by the Company details of which can be provided by the Company to the Hirer at the Hirer’s request

4.2            The Hirer will not use or permit the Vehicle to be used in contravention of the terms and conditions of the Company’s insurance

4.3            Any vehicle hired under the Rental Agreement may only be driven by authorised drivers who have had a completed insurance proposal form accepted by the Company

4.4            Unless otherwise indicated in the Rental Agreement, the Hirer agrees to pay the insurance charges levied by the Company’s insurers, plus the waiver charge for reducing or removing the insurance excess, and the insurance excess (if any) as set out in the Rental Agreement in respect of any incident resulting in damage or loss to the Vehicle, third party vehicle or any other property

4.5            The Hirer will be liable to pay the full cost of repair of any damage that the Vehicle may suffer as a result of any wilful or negligent action by the Hirer, the Hirer’s agent or servant or any named driver

4.6            It should be noted that the damage waiver does not cover:

4.6.1         above windscreen height damage

4.6.2         under carriage damage

4.6.3         tyre and glass damage (other than windscreen)

4.6.4         damage caused to the vehicle when not on a public highway

4.6.5         theft of the vehicle

4.6.6         malicious damage

4.6.7         an act of vandalism

4.6.8         any negligence on the Hirer’s behalf

4.6.9         any breach of the Rental Agreement and the Company’s insurance

 

5. Return of the Vehicle

 

5.1            The Hirer must return the Vehicle, together with its accessories, tyres, tools and equipment to the Company’s premises at the end of the Rental Period or earlier, immediately upon termination of the Rental Agreement, in the same condition as it was at the commencement of the Rental Period (fair wear and tear accepted), clean and tidy (reasonable traffic grime accepted)

5.2            If the Hirer fails to return the Vehicle to the Company at the agreed time the Hirer will be charged late return charges payable in accordance with clause 7.3 below until such time as the vehicle is returned.  The Company reserves the right to repossess the Vehicle if it has not been returned by the end of the Rental Period and the Hirer may be held liable for all costs incurred by the Company, its servants or agents as a result of the late return of the Vehicle and of repossessing the Vehicle.  The maximum duration of any Rental Period shall not exceed 2 months unless specifically authorised by the Company

5.3            For the avoidance of doubt the Hirer is responsible for any loss or damage sustained to the Vehicle whilst it is in the Hirer’s possession or if it is returned to the Company outside of the Company’s normal trading hours, and such responsibility shall continue until the Vehicle has been inspected by the Company on its return

 

6. Conditions of Use

 

6.1            The Hirer will inspect the Vehicle before the commencement of the Rental Period and the Hirer will inform the Company at the time if the Vehicle is not complete, in good order and condition or fit for its normal purpose.  The Hirer will inform the Company at the time if:

6.1.1        there is any damage to the Vehicle of which the Hirer has not been informed

6.1.2         the Vehicle does not have a full tank of fuel and/or

6.1.3         the mileage is not as stated in the Vehicle report contained in the Rental Agreement

6.2            If the person signing the Rental Agreement is not the Hirer of the Vehicle, then by signing the Rental Agreement the signatory warrants that he or she is authorised by the Hirer to sign the Rental Agreement and agrees that he or she is jointly and severally liable with the Hirer for all the obligations of the Hirer

6.3            If the Hirer commits any breach of the Rental Agreement the Company may treat the Rental Agreement as terminated and may take possession of the Vehicle

6.4            Save as set out in this Agreement or required by law, all conditions and warranties, expressed or implied, statutory or otherwise are hereby expressly excluded

6.5            Maximum payload and individual axle plated weights of the Vehicle must not be exceeded.  The Hirer is responsible for the unloading and loading of the Vehicle

6.6            No warranties are made concerning the fuel tank capacity or fuel consumption

6.7            The Hirer will not be refunded for any unused fuel, early returns, late pick-ups or unused mileage

6.8            During the Rental Period the Hirer will be responsible for the payment of any

6.8.1        fixed penalty offences committed in respect of the Vehicle under part 111 of the Road Traffic Offenders Act 1988, as amended, replaced or extended by any subsequent legislation or orders, and any such offence committed under the equivalent legislation applicable to Scotland

6.8.2        excess charge which may be incurred in respect of the Vehicle in pursuance of an Order under section 15 and 16 of the Road Traffic Regulations Act 1984, as amended, replaced or extended by any subsequent legislation or orders, and under the equivalent legislation applicable to Scotland

6.8.3        penalty charge that may be demanded by any person, corporation or authority as a result of the Vehicle having been parked or left upon any public or private land or road

 

7. Charges

 

The Hirer agrees to pay

7.1            the Rental Charge as set out in the Rental Agreement

7.2            any charge for loss or damage resulting from the Hirer not complying with clause 2 above

7.3            interest which the Company will add to any late payment by the Hirer or late returns on a daily basis at the rate of 4% above the base rate of Lloyds Bank Plc from time to time

7.4            the cost of repairing any damage howsoever caused to the Vehicle as set out in clause 4.5 above whilst the Vehicle is in the Hirer’s possession and which is not covered by the Company’s insurance (for the avoidance of doubt the Vehicle is deemed to be in the Hirer’s possession until such time as it has been inspected by the Company upon its return)

7.5            the cost of repair to or replacement of damaged or faulty tyres, wheels, glass or undercarriage caused to the Vehicle whilst in the Hirer’s possession

7.6            an excess hourly charge of 20% of the daily rental rate for each hour during which the Vehicle is not returned to the Company in excess of the agreed Rental Period, plus damage waiver and insurance at the daily rate

7.7            the Company’s charges for the time and materials used for cleaning the interior and exterior of the Vehicle if it is returned in an unfit state for re-hire (reasonable traffic grime accepted)

7.8            the cost of re-fuelling, any accessories, keys, tyres, tools or equipment lost, stolen or damaged and any costs or losses suffered by the Company as a result

7.9            fines and/or court costs incurred in the use of the Vehicle whilst in the Hirer’s possession and which the Company is obliged to pay, and VAT where appropriate at the current rate

7.10          any charges arising from any local authority seizing or impounding the Vehicle, together with a loss of income charge while the Company cannot re-hire the Vehicle, if and when the Company demands such payment

7.11         if the Hirer negligently uses the Vehicle causing it to stop working properly resulting in charges levied by any breakdown recovery service provided by the Company

7.12         any costs (including legal costs) incurred by the Company in recovering any sums overdue from the Hirer

 

8. Early Termination

 

8.1           Clause 8.2 applies if

 

8.1.1    The Hirer makes any voluntary arrangement with his/her/its creditors or should become subject to an administration order or (being an individual) become bankrupt or (being a company) go into liquidation

8.1.2    an encumbrance takes possession, or a receiver or administrative receiver is appointed, of any the Hirer’s property or assets or undertaking

8.1.3    the Hirer ceases or threatens to cease to carry on business or a substantial part of its business

8.1.4        the Company reasonably apprehends that any of the above-mentioned events is about to occur in relation to the Hirer and the Company notifies the Hirer

8.1.5        the Hirer is in breach of the Rental Agreement

8.2           If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel/terminate the Rental Agreement and repossess the Vehicle without any liability to the Hirer, and any money the Company is owed under the Rental Agreement will become immediately payable. The Company may also claim reasonable costs from the Hirer if the Hirer does not meet the requirements of the Rental Agreement. Termination of the Rental Agreement does not affect the liability of the Hirer to make any payments under the Rental Agreement.

 

9. Data Protection

 

The Hirer (which for the purpose of this clause only also includes the person signing the Rental Agreement and any named driver) agrees that the Company may disclose information to its service providers and agents including it’s insurers and the Driver and Vehicle Licensing Authority, for any purpose authorised under the Data Protection Act 1998.

 

10. Limitation of liability

 

The Company is only responsible for reasonably foreseeable losses suffered by the Hirer as a direct result of negligence or breach of the Rental Agreement. Any such liability is subject to a maximum equal to the total charges payable by the Hirer (except in relation to death or personal injury caused by the Company’s negligent act or omission). The Company is not responsible for any loss or damage whatsoever which is not reasonably foreseeable by the Company or the Hirer at the time of signature of the Rental Agreement

 

11. Governing Law

 

The Laws of England shall govern the construction validity and performance of the Terms and Conditions relating to the Rental Agreement and the English Courts shall have exclusive jurisdiction

 

12. General

 

These Terms and Conditions form part of the Rental Agreement and constitute a complete statement of the Rental Agreement