Terms

TERMS AND CONDITIONS
Lessor hereby rents to Hirer(s) and Hirer takes on rental of the motor vehicle described overleaf (herein called “Vehicle”) subject to all the terms and provisions of this Agreement.

1. Hirer will return Vehicle together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear and tear accepted, to the place and on the date specified overleaf, or sooner if demanded by Lessor and will use Vehicle in a reasonable manner.

 

2. Vehicle will not be used

(a) for the carriage of passengers for hire or reward.

(b) knowingly for any unlawful purpose.

(c) to propel or tow any other vehicle or trailer.

(d) for racing, pacemaking, reliability trials, speed testing, or driving tuition.

(e) to carry a greater number of passengers and/or more baggage than recommended by the Manufacturer.

(f) by any person who has given a fictitious or false name.

(g) by any person other than the Hirer who signed the Rental agreement or who has been nominated as a driver by Hirer and approved by Lessor or by a motor vehicle repairer in the event of an accident or breakdown.

(h) by any person who has within the preceding period of three years been convicted of a driving offence under the influence of drugs or alcohol, or dangerous driving or has had more than one accident in the previous three years.

(i) by any person not holding a current driving licence.

(j) by any person under 21 years of age or over 70 years of age.

 

3. Hirer expressly acknowledges personal liability to pay Lessor on demand.

(a) a mileage charge computed at the rates specified for the mileage covered by Vehicle from the commencement of the rental until Vehicle is returned (the number of miles over which said Vehicle shall be operated under this Agreement shall be determined by reading the speedometer installed by the manufacturer, if speedometer fails, the mileage charge shall be made in accordance with road map distance of the journey travelled).

(b) time, collision damage waiver and miscellaneous charges at the rates specified in the Agreement.

(c) all fines and court costs for parking, traffic or other offences incurred in relation to said Vehicle by Hirer or Lessor from the commencement of this Agreement.

(d) Lessor’s costs, including reasonable legal fees incurred collecting payments due to Hirer hereunder.

(e) Lessors costs to repair collision or other damages to Vehicle provided, however, if Vehicle is operated in accordance with all the terms hereof, hire’s liability for such damage:-

(i) shall not exceed the maximum damage liability of £1000 for each and every accident.

(ii) shall be waived if Hirer has purchased in advance the collision damage waiver of excess as evidenced by his initials in the “Accepted” space provided in the Agreement.

(iii) On Luton Vans the collision protection payment does not cover damage to any part of the vehicle above the height of the cab.

 

4. Hirer shall at the request and cost of Lessor do and concur 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 con nection with Vehicle during the period of time between the renting of Vehicle and its return by Hirer to Lessor and 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.

 

5. Hirer must inform Lessor within 24 hours, excluding public holidays, of any loss of, or damage occurring to Vehicle and of any fault, reasonably required 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 must be obtained from Lessor prior to commencement of the repair.

 

6. Lessor shall not be liable for 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.

 

7. Hirer shall not sell or offer for sale, assign, mortgage or pledge the Vehicle or the tools or equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with the Lessor’s ownership. Hirer will not allow any lieu upon Vehicle, tools or equipment to come 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 Hirer shall call a meeting of his creditors or if any distress or execution is levied against any of his goods, or if Hirer shall not perform or observe all the stipulations herein contained on the part of Hirer to be performed or observed but such determination shall not affect any then existing rights of Lessor’s whether for damages or otherwise in any of such events Hirer shall forthwith return Vehicle to Lessor, failing which Lessor shall be at liberty to retake possession of Vehicle and for that purpose Lessor, its servants and agents may without previous notice enter upon any premises in which Vehicle may be or may be believed to be situated and all costs and expenses incidental to recovery of Vehicle incurred by Lessor shall be repaid to Lessor by Hirer on demand.

 

8. Hirer participated as an insured under a motor vehicle insurance policy, a copy of which is available for inspection by Hirer at the head office of Lessor. Said policy contains unlimited cover against public liability for bodily injury, £50,000 against liability for property damage, unlimited liability for bodily injury to passengers. Hirer agrees further to protect the interest of Lessor and Lessor’s insurance company in case of accident during the term of this rental by:

(a) making every endeavour to obtain names and addresses of parties involved and of witnesses.

(b) not admitting liability or guilt.

(c) not abandoning Vehicle without adequate provisions for safeguarding and securing same.

(d) calling nearest office of Lessor by telephone even in case of slight damage, further giving a detailed report including diagram to Lessor.

(e) notifying the police immediately of another Party’s guilt has to be ascertained, or if people are injured.

 

9. Lessor has maintained Vehicle to at least the Manufacturer’s recommended standards but shall not be liable for any consequences arising from any defects or mechanical failure of the Vehicle although all reasonable precautions have been taken to prevent such happenings.

 

10. That additions to or alterations of the terms and conditions of this Agreement shall be null and void unless agreed upon in writing by the parties.