Terms & Conditions
LESSOR hereby rents to HIRER and HIRER takes on rental the motor
VEHICLE overleaf (herein called VEHICLE) subject to all terms & conditions of this agreement.
Any notice required to be given by one party to this agreement to the other shall be in writing and given in the case of the LESSOR to Keltan House, and in the case of the HIRER to the HIRERS address set out on this agreement.
HIRER will return VEHICLE, together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear & tear excepted, to the place and on the date specified overleaf, or sooner if demanded by LESSOR (such demand not to be made without reasonable cause) and being subject to refund to HIRER of any sums already paid in excess of those due under terms hereof, less the reasonable and proper cost incurred by the LESSOR in recovering the vehicle and in causing it to comply with the terms of this clause as to conditions, and will use VEHICLE in a reasonable manner.
VEHICLE will not be used -
For the carriage of passengers for hire or reward.
Knowingly for any unlawful purpose.
To tow or propel any other vehicle or trailer without prior permission of the LESSOR.
For racing , pace making, reliability trails, speed testing or driving tuition.
To carry a number of passengers and/or baggage which would cause the VEHICLE to be overloaded or in the case of a commercial VEHICLE a payload which exceeds the maximum payload and individual axle plated weights.
By any person not holding a valid current driving license or by persons outside the age restrictions referred to in the LESSORS insurance policy.
By any person other than the HIRER who signed this agreement or who has been nominated as a driver by HIRER and approved by LESSOR.
Outside England, Scotland, and Wales without the prior written consent of LESSOR which shall be given for specific countries if they fall outside the European Union.
For promotional purposes such that any advertisement is at any stage affixed or attached to VEHICLE.
HIRER expressly acknowledges personal liability to pay LESSOR on demand.
Mileage charge computed at the rate specified for the mileage covered by VEHICLE from the commencement of the rental until the VEHICLE is returned (The number of miles over which the VEHICLE will be operated under this agreement shall be determined by reading the speedometer installed by the manufacturer: if the speedometer fails, the mileage charge shall be made in accordance with the road map distance of the journey traveled.)
Time, collision damage waiver and miscellaneous charges referred to in this agreement.
All fines and court costs for parking, traffic or other offences incurred in relation to VEHICLE by HIRER or LESSOR from the commencement of this agreement until the VEHICLE is returned, except where caused through fault of LESSOR.
LESSORS costs to repair collision or other damage to VEHICLE provided, however, if the VEHICLE is operated in accordance within the terms hereof, HIRERS liability for such damage.
Shall not exceed the maximum non - waivable excess as shown overleaf.
Shall be waived if HIRER has purchased in advance the collision damage waiver as evidenced by his initials in the accepted space overleaf.
Notwithstanding any other provision in this agreement shall include at the option of the LESSOR, consequential loss, provided that in the case only of the HIRER hiring the vehicle as a consumer, the LESSOR shall be under a duty to mitigate its loss.
Any Value Added Tax or local or other taxes payable in respect of the above.
HIRER shall at the request and cost of the LESSOR do and concur in doing and permit to be done in his name or by his appointed agents all such acts and things as may be necessary or reasonably required by LESSOR for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from other parties in respect of any loss or damage to or in connection with the VEHICLE during the period of time between the renting of the VEHICLE and its return by HIRER to LESSOR. The LESSOR shall account to HIRER for any sums recovered by LESSOR and due to HIRER from such other parties under this clause after setting off any outstanding liability of HIRER to LESSOR.
HIRER must immediately inform the LESSOR by telephone on 0207 735 9911 at any time (which includes the obligation to leave a reasonable and accurate message if the answer phone on such number is on) and HIRER must give written notice to LESSOR within 48 hrs, excluding public holidays, of any loss of, or damage occurring to VEHICLE and of any fault, reasonably requiring repair, developing therein and must not in the case of damage or fault which makes VEHICLE unroadworthy or liable to cause danger to any person or property use VEHICLE until such damage or fault has been repaired or corrected. Authorisation for expenditure in excess of £25.00 ( twenty five pounds) must be obtained from LESSOR prior to commencement of repair.
LESSOR shall not be liable for any loss of or damage to any property left, stored or transported by HIRER or any other person in or upon VEHICLE either before or after the return thereof to LESSOR. HIRER hereby agrees to hold LESSOR harmless from, and indemnify LESSOR against, all claims based upon or arising out of such loss or damage unless caused by negligence of LESSOR by initialling the accept box overleaf purchase insurance as shown in the LESSORS tariff. In the event the VEHICLE has been abused by the HIRER, including without limiting the generality of the foregoing, any of the events falling within clause 2 or an unauthorised repair under clause 5. The HIRER will indemnify the LESSOR for the costs incurred in relation to the VEHICLE arising from such abuse.
HIRER shall not sell or offer for sale, assign, mortgage or pledge VEHICLE or the tools or equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with the LESSORS ownership. HIRER will not allow any lien upon VEHICLE, tools or equipment to Col--NE into existence except as concerns authorised repairs or emergency repairs subsequently authorised to VEHICLE. The agreement shall determine forthwith if a receiving order is made against HIRER (or being a company goes into liquidation, whether voluntarily or compulsorily) or if the HIRER shall call a meeting of his creditors or if any distress or execution is levied against any of his goods, or if the HIRER shall not perform or observe all the stipulations herein contained on the part of the HIRER to be performed or observed, but such determination shall not affect any then existing rights of LESSORS whether for damages or otherwise. In any such events HIRER will return vehicle to LESSOR, failing which LESSOR shall be at liberty to retake possession of VEHICLE and all costs and expenses incidental to recovery of VEHICLE incurred by LESSOR shall be repaid to LESSOR by HIRER on demand. The HIRER confirms that no right of set - off against any sums due from the LESSOR to the HIRER under this agreement may be exercised and that no lien arises in favour of the HIRER over the VEHICLE, including any tools, equipment or other related assets.
Except where HIRER has elected to insure VEHICLE as evidenced overleaf, HIRER participates as an insured under LESSORS hire VEHICLE insurance policy and agrees to observe the terms and conditions thereof. The terms & conditions of such policy may be inspected on request at LESSORS head office. Said policy contains unlimited cover against public liability for death and/or bodily injury to third parties including passengers and liability for damage to third party property, subject to financial limitations. HIRER further agrees to protect interest of LESSOR and LESSORS insurance company in case of accident during term of rental by -
Making every endeavour to obtain names and addresses of parties involved and witnesses.
Not admitting liability or guilt.
Not abandoning VEHICLE without making adequate provisions for safeguarding and securing same.
Calling nearest office of LESSOR even in case of slight damage, further giving detailed report including diagram to LESSOR.
Notifying the police immediately if another parties guilt has to be ascertained or if people are injured.
LESSOR has maintained VEHICLE to at least the manufacturers recommended standards and warrants that VEHICLE is roadworthy and suitable for the purpose of renting at the commencement of rental. LESSOR shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of this warranty or other than in the case of a consumer as defined below implied by law to take reasonable care or exercise reasonable skill. Nor shall LESSOR be liable for any indirect or consequential loss or damage as in The Unfair Contracts Act 1977, in dealing with a person A consumer a person who neither makes the rental contract in the course of a business nor holds himself out as doing so and where the VEHICLE is of a type ordinarily supplied for private use. Nothing in these terms and conditions shall be deemed to exclude or restrict LESSORS liability for death or personal injury resulting from negligence.
The period of hire as specified overleaf shall not be extended without the LESSORS express authorisation in writing and in any event the period of this agreement shall not exceed 90 days.
Any additions to or alterations of the terms and conditions of this agreement shall be null and void unless agreed upon by the parties in writing.
This agreement is governed by English law and subject to the non - exclusive jurisdiction of the English Courts.