- In this Agreement the following terms shall have the meanings hereby respectively assigned to them
Hirer: The person named as such overleaf.
Driver: The Hirer and/or other person named as such overleaf or any other person specifically approved by the Lessor to drive the vehicle during the duration of this agreement.
Vehicle: The original vehicle described in agreement or any replacement vehicle.
Accessories: Tools or any other items with which the vehicle is supplied and any replacements thereof.
Rental Period: The period from the date and time out stated in agreement until the re-delivery of the vehicle into the physical custody of the lessor.
Rental Charges: The hire charges for the rental period calculated in accordance with the Lessor’s current tariff.
Excess amount: The sum specified overleaf as the excess amount.
Excess Waiver Fee: The fee calculation in accordance with the lessor’s current tariff limits the Hirer’s liability to pay the excess amount to the amount of the nonwaivable excess.
Non Waivable excess: The Hirer’s liability will be limited to the amount of the non-waivable excess if excess waiver is purchased in accordance with the Lessor’s Current tariff or is part of an inclusive tariff rate offered by the Lessor.
Current Tariff: The Lessor’s tariff current at the commencement of the hire.
Insurance Policy: The lessor’s tariff current at the commencement of hire.
Refuelling Charge: A surcharge which is added to the cost of the amount of ‘Top-Up’ fuel needed when the vehicle is returned to the Lessor. Calculated in accordance with Lessor’s current tariff.
2. The hirer acknowledges that:
a) The vehicle is fit for his purpose and undertakes to return and its accessories to the place and on the date due back specified in the agreement.
b) He has received the vehicle free from apparent defects or damage (except as indicated in agreement);
c) The lessor has no liability in respect of any injury, loss or damage arising from the use of the vehicle, nor shall the lessor be liable for any indirect loss or damage, or in case of consumers, damage which was not foreseeable by both parties.
d) The lessor shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of the Manufacturer’s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.
3. During the rental period the Hirer shall keep the vehicle and its accessories in his or any approved driver’s possession and shall not allow a third part to take possession of the vehicle or its accessories and when not in use the Hirer shall keep the vehicle and its accessories adequately protected and secured.
4. The Hirer and any driver shall ensure that the vehicle will not be used:
a) For hire or reward
b) For racing, pacemaking, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object.
c) In any manner which render void the insurance policy or other contract of insurance.
d) For any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction.
e) By any person who:
i) Is not licensed to drive the vehicle
ii) Is under the influence to drive the vehicle
iii) Has given a fictious name, age or address
iv) Has not been approved by the lessor as a driver
v) Has been convicted of a motoring offence the details of which have not been disclosed in writing to the lessor at the commencement of the hire.
f) Outside England, Wales or Scotland without prior written consent of the Lessor.
5. The Hirer agrees to pay on demand;
a) Rental charges
b) Any appropriate Excess waiver or Personal Accident, Personal Effects or Goods in Transient insurance fees and any refuelling and miscellaneous charges.
c) The excess amount in respect of each incident resulting in damage to or loss of the vehicle, its accessories or any property left stored or transported in or upon the vehicle, save to the extent that such damage or loss arises from the actions of the lessor.
d) All fines, charges, penalties, costs and expenses (including all charges and penalty charges incurred under a charging scheme) incurred in relation to the vehicle by the hirer or lessor from the commencement of the rental until the vehicle is returned to the lessor, except where caused through the fault of the lessor.
e) Any value added tax, local or other payable in respect of any of the above.
6. The Hirer shall compensate the Lessor in full on demand for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue to the lessor for the period during which the vehicle shall remain unavailable for rental by reason of such matters and any claims made by any persons in respect of the vehicle whilst it is in the Hirer’s custody. This clause applies whether you have insurance or not. This clause shall not apply to any loss caused by or the responsibility of the Lessor.
7. The hirer and any driver shall:
a) Ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in this agreement as if the same were fully set out herein.
b) Inform the lessor of any loss of or damage to or fault developing in the vehicle as soon as the Hirer or driver becomes aware of the loss, damage or fault.
c) At the request and cost of the lessor permit to be done in his own name all its acts and things as may be reasonably required by the lessor for the purpose of repairing the vehicle or enforcing any rights or remedies or of obtaining relief from other parties in respect of any loss of damage to or in connection with the vehicle or its accessories.
d) Indemnity the lessor against such loss as is recoverable at law where that loss is incurred by reason of a breach of this Agreement by the Hirer or any driver.
e) Ensure that maximum payload and individual axle plated weights are not exceeded.
f) Be responsible for the loading or unloading of the vehicle.
g) Obtain or maintain any necessary operator’s license.
8. The hirer and any driver shall not:
a) Without prior consent of the lessor incur any liability for repairs to the vehicles in excess of £25
b) Be the agent or servant of the lessor for any purpose.
c) Make any claim for loss of or damage to any property left stored or transported in or upon the vehicle due to our negligence. The Hirer may purchase insurance to cover such loss or damage by initialling the relevant space in Box 19 of the agreement.
9. Even if an excess waiver fee is paid, the Hirer shall be responsible for payment of any excess amount where the loss of or damage to the vehicle or its accessories arises from the negligent or wilful action of the Hirer or any driver.
10. The period of hire as specified agreement shall not extended without the Lessors express authorisation in writing and in any event the period of this Agreement shall not exceed 90 days.
11. If the Hirer does not comply with any of the material conditions of the Agreement he shall return the vehicle to the lessor immediately and pay to the Lessor on demand such loss as is recoverable at law where that loss is caused by the Hirer’s non-compliance. Where the Hirer fails to return the vehicle the Lessor shall be at liberty to retake possession of the vehicle and all reasonable costs and expenses incidental to recovery of the vehicle shall be paid by the Hirer to Lessor on demand.
12. Any addition to or alteration of the terms and conditions of the Agreement should be agreed upon in writing by the parties.
13. Nothing in these terms and conditions shall be deemed to exclude or restrict the Lessor’s liability for death or personal injury resulting from negligence or any other liability of the lessor which cannot be excluded as a matter of law.