Terms &
Conditions
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& understand, please feel free ask any questions. We have highlighted keywords to help you.
Lessor hereby rents to hirer and hirer takes on rental of the motor vehicle subject to all terms & conditions of the agreement.;
a)
In these terms and conditions: ‘we’ are
the lessor and ‘you’ are either “the company” or
person referred to as the “hirer” in the rental agreement. ‘vehicle’ means
the vehicle detailed in the rental agreement. ‘rental
agreement’ means the rental agreement signed by you which incorporates these terms and
conditions and is subject to the
terms of the insurance policy.
b)
you
shall be bound by the following terms and conditions which will incorporate the
details in the rental
agreement.
c)
all
current tariffs, rates and insurance policies referred to in the rental
agreement and herein may be inspected at our offices.
If you have indicated in the rental agreement that you want us to provide insurance cover for the vehicle and/or additional insurance then the following terms will apply:
a)
the
rental agreement is subject to, and includes, all the
terms of our insurance policies. Available for inspection on request.
b)
the vehicle
may only be driven
by the people noted as “drivers” on the rental agreement.:
c)
any
additional driver must be authorised
by us following completion of an insurance proposal and furthermore accepted
by us. Any claim arising
from any uninsured driver driving the vehicle will be met
entirely by the hirer
without exception.
d)
our
insurance will not give you complete cover. The amount for which you are not
covered is called the insurance excess. This amount will be
charged by the company for each and every incident
in which the vehicle is damaged, or a claim is made by a third party
against the company or its insurers.
You may be able to reduce that by paying an additional charge, a waiver,
the rental agreement shows whether you have accepted or refused the option (if available) to pay the additional waiver
charge, and the excess for which you are not covered. This will be indicated
in the rental agreement.
e) You agree to the following statement ' I have
not had a proposal declined, a policy cancelled, or renewal refused or been
required to pay an increased premium or had any special conditions imposed by
any motor insurer.
1. I have no convictions- We will require a
DVLA check code and summary
2.I have not suffered from any heart
disorder, diabetes, fits or physical infirmity, and I am not taking any
prescribed medication.
3.I have had no accidents in the
past 36 months.
If you or anyone on your behalf deliberately causes damage to or loss of the vehicle,
or are in breach of the
insurance terms of the company then you are in breach of the agreement and you,
the hirer will have to pay the entire cost of repair or replacement of the vehicle or third
property, even though it was insured at the time. If you are in any doubt what
this means, please consult us at ; operations@londoncarhire.com
If you have indicated in the rental agreement that you want to provide your own insurance for the vehicle then the following terms will apply: -
a)
it
is your responsibility to insure the vehicle from the
moment you take it until the time that it is
returned to us. You must insure it to its full value, against loss or damage
(including windscreen damage)
by accident, fire or theft,
under a comprehensive insurance policy
with a reputable insurance
company. You must supply us with full details in writing, and you must tell the insurance company to note our
interest in the policy.
b)
you hereby authorise your insurer to communicate directly with us and give us
any information we require. You also authorise us to take over any claim which you may have which relates to the vehicle, and to negotiate and settle that directly with your insurer.
c)
you
must not use or permit the vehicle to be used in breach of the insurance
policy. If any money is paid out
under the policy which relates to the vehicle then you
must ensure that the money is paid direct to us.
d)
if
you do not insure the vehicle comprehensively, and we
suffer loss as a result, you must compensate
us for that loss in its entirety.
e)
if
for any reason the amount which we receive from the insurance company is less
than the loss that we
suffer you must pay us the
difference.
5)
Any
person signing this agreement on behalf of a company must be authorised to do
so, and if not so authorised will be
personally liable to pay all sums due
under this agreement to the extent
that the company fails to pay them.
The maximum period for
which you are allowed to keep the vehicle under the rental agreement is from
the ‘date out’ until the date ‘due in’ referred
to in the rental agreement. However:
a)
we
are entitled to terminate this agreement if you break any of its terms, and you
must then return the vehicle immediately.
b)
we are entitled to call for the return of the vehicle earlier
than the date ‘due in’ shown on the rental agreement, even if you have
not broken any of the terms of the rental agreement, but we must then provide you with a comparable vehicle.
c)
in
any event and without prior written consent, the maximum period for which you
can hire the vehicle is 90 days.
Any hire extension request & payment confirmation must be made in writing. Any extension period not in writing will be deemed as unauthorised and will be charged at the standard hire tariff and will not include any discounts from tariff previously offered. Any unauthorised hire extension will be treated as a breach of this agreement ( see section 11 )
We are not liable to you for any loss
of or damage to any property which is carried in
the vehicle, and we do not accept responsibility for any property
which you leave in the vehicle when you return
it, unless we have been negligent. If any third party brings a claim
against us for property which is
carried or left in the
vehicle, you must indemnify us for
that claim.
a)
Not be taken outside England,
Wales, Scotland, Northern
Ireland, or any British Isle on which the hiring commenced, without our prior
written permission on the
rental agreement
b)
Not
be used other than on a public highway or a suitably paved area which is
designed to carry motor vehicles.
c)
Not
be used to propel or tow any other vehicle or trailer, unless it is equipped
for the purpose, and we have given
our written permission.
d)
Not
be used to carry passengers for hire or reward or
for any driving tuition, unless you obtain
our prior written
permission, and you must provide your own insurance
under clause 3.
e)
Not
be used for any unlawful purpose, or for racing, pace making, competitions or speed
testing, nor must it be used
in any unlawful or nefarious manner.
f)
Not
be used in such a manner that it is overloaded (whether in total or in respect
of any axle or any other part) or
is carrying more passengers or goods than it was designed to carry or may lawfully
carry.
g)
Not be used
in such a way as to make the insurance on the
vehicle invalid.
h)
Not be used in breach of the road traffic legislation or the construction and use regulations.
i)
Not be used by any person who is not licensed and insured for it,
j)
Not be used
by any person who is under the influence of alcohol
or drugs.
k)
be
used in the event of any mechanical, electrical, or structural failure or
damage, if further damage would be
caused as a result.
l)
Not be altered or added to in
any way whatsoever.
You are not allowed to carry out any repairs (or let anyone else do so) if the cost of those repairs is more than £25 unless you get our written permission first. If we do authorise any repairs, then we will refund the cost to you if you produce a vat receipt and whatever parts you have replaced.
If you break any of the terms of the rental agreement, we are entitled to treat the rental agreement as terminated and to repossess the vehicle. You hereby authorise us to enter on your property to do so if necessary and recharge the cost of such actions to you.
You are liable for certain charges
as if you were the owner of the vehicle. Those charges
are:
a)
any
fixed penalty offence committed in respect of that vehicle under part iii of
the road traffic offenders act 1988
or the road traffic act 1991, as amended, replaced or
extended by any subsequent
legislation or orders and any such offence committed under the equivalent legislation applicable to
Scotland, Northern Ireland
or any British Isle upon which the vehicle is being used.
b)
any
excess charge which may be incurred in respect of that vehicle in pursuance of
an order under section 45 and 46 of the road traffic regulation act
1984, or the road traffic act 1991 as amended,
replaced or extended by any subsequent legislation or orders and under the equivalent legislation applicable
to Scotland, Northern Ireland
or other British isle.
c)
any
financial penalty or charge which may be demanded by a third party because of
the vehicle having been parked or left upon
land which is not a public road.
d)
any congestion charges and related penalty
charge.
e)
by agreeing to the rental agreement,
you agree to us giving your details, as well as a copy of the rental agreement
and these terms and conditions to the authority and/or private company and/or
landowner that has issued the fine or charge (or to any company which the
interest under the charge has been assigned) if we consider they have a right
to the information and the law allows us to do so. For short term hire
agreements this will incur a admin charge of £25+VAT,
for long term hires please refer to a copy of your lease agreement for relevant
charge information.
f)
by agreeing to the rental agreement,
you give us permission to collect these payments. We will charge them to your
payment card
g)
However, where it is not reasonably
practicable to transfer liability or if any representations, we attempt to make
are rejected for any such charge or fine, we may use our discretion to settle
the fine or charge with the appropriate authority and re-charge you such amount
together with ab administration charge to reflect our reasonable administration
costs.
You must:
a)
pay the hiring
charges published
in our current tariff unless different charges have been agreed between us
in writing.
b)
pay
for all fuel
and any refuelling charge, please note due to the diminishing number of
fuel stations in London, we are
forced to charge a premium on fuel if the vehicle is not returned with the same amount of fuel.
c)
pay for any accessories, tyres, tools or equipment which are lost, stolen or damaged.
d)
pay
our costs of recovering the vehicle in the event that
you fail to return it to us as required by
(j) below. This includes the retrieval from any police or other authority pound to
include each & every charge incurred.
e)
pay
any penalties, fines and court costs incurred in the use of the vehicle
before it is returned to us.
f)
safeguard
our interests in the event of any accident involving the vehicle, by
obtaining the names and addresses of
all relevant drivers and witnesses, details including registration numbers
of any other parties involved, securing the vehicle and, where appropriate, notifying the police.
g)
ensure
that the correct tyre pressures, engine oil level, battery fluid level, screen
wash level, coolant level and automatic
transmission oil level (where fitted) are maintained throughout the period
of hire.
h)
ensure
that the vehicle is always locked when unattended, and
take all reasonable steps to prevent
loss of or damage to the vehicle, or its tyres, tools, accessories, equipment
or contents.
i)
inform
us immediately if the vehicle is damaged, lost or stolen, or develops any fault or requires any servicing, and allow us to carry out essential repairs or servicing.
j)
return the vehicle (together with all its accessories,
tyres, tools and equipment) to
our
representative at the place where it was hired (unless a different place is
specified in the rental agreement) during our business
hours, at or before the date ‘due in’ shown on the rental agreement or earlier if we require it. The vehicle must,
when you return it, be in the same
condition as when you hired it (fair wear and tear excepted),
and must be clean and tidy (normal
traffic grime excepted). Refer to - https://www.bvrla.co.uk/fleet-services/fair-wear- and-tear.html
13) Mileage
a)The hirer is liable for any and all excess mileage, including any milage incurred through delivery and collection.
•
If any provision
of this agreement shall be held to be invalid, illegal
or unenforceable, it shall be deemed severable
from, and shall not effect,
the remaining provisions of this agreement.
•
Each party will
comply in all respects with the Bribery Act 2010. In
particular, each party will maintain adequate procedures designed to prevent bribery.
This agreement shall be governed by and construed in accordance with English law and each
party agrees to submit
to the exclusive jurisdiction of the English
Courts.