TERMS & CONDITIONS
1 DEFINITIONS In these terms “We” are the company named as the lessor on the Rental Agreement and “You” are either the company named on the Rental Agreement or (if that box is left vacant) the person named on the Rental Agreement. “Vehicle” means the vehicle detailed on the Rental Agreement, or any detailed in any subsequent endorsement to the Rental Agreement.
2 OUR INSURANCE If you have indicated on the Rental Agreement that you want us to provide insurance cover as detailed on the Rental Agreement for the Vehicle and/or Additional Insurance then the following terms will apply:
(a)This agreement is subject to and includes all the terms of our insurance policies, copies of which can be inspected at our office.
(b)The Vehicle may only be driven by the following people:
(i)You personally (if your name is given on the Rental Agreement) or the person who signed the agreement on your behalf (if you are a company whose name is given on the Rental Agreement); and
(ii)any additional driver authorised by us if that person has completed an insurance proposal form and we have accepted it.
(c)Our insurance will not give you complete cover; the amount for which you are not covered is called the Excess (and there are also some situations in which you will be liable for more than the Excess (see Clause 2(e)). You may be able to reduce the excess by paying an additional charge, the amount of which is shown in our tariff, which can be inspected at our office. The agreement on the Rental Agreement indicates whether you have accepted or refused the option (if available) to pay the additional charge to reduce the Excess.
(d)The following occupations cannot be accepted:
Hawking or general dealers (e.g. market traders, merchants, second hand clothes dealers and the like)
Scrap merchants, vehicle dismantlers or breakers
Professional Gambling (other than clerical worker)
Professional Sport or Entertainment (including part-time)
Modelling
The armed forces of non-UK countries
Students (other than for private cars)
Unemployed persons
(e)If you breach this agreement our insurance may not cover you at all. In particular, our insurance will not cover you at all and you will have to pay for the full cost of repair or replacement of the vehicle, even though it was insured at the time, if you fail to comply with any of your obligations under clause 12.
3 YOUR OWN INSURANCE If you have indicated on the Rental Agreement that you want to provide your own, fully comprehensive, 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 it is returned to us or collected by us. You must insure it to its full value against loss or damage (including windscreen damage) by accident, fire or theft under a fully comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them and, in any event, before you take charge of the Vehicle 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 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 must ensure that the money is paid direct to us.
(d)If you do not insure the Vehicle fully comprehensively and we suffer loss as a result you must compensate us for that loss.
(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 the difference.
(f)In the event that you are involved in an accident that results in a claim, or potential claim against you by any third party, you agree to refer the matter to your own insurers for indemnity under the ‘driving other vehicles’ third-party liability extension (or similar section) within your pre-existing insurance policy.
4 AUTHORITY TO SIGN 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 such sums due under this agreement to the extent that the company fails to pay them.
5 PERIOD OF HIRE The maximum period for which you are allowed to keep the Vehicle under this agreement is from the date and time out on the Rental Agreement to the date and time due back which is also shown on 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 Back even if you have not broken any of the terms of this agreement but we must then provide you with a comparable vehicle;
(c)Unless we agreed otherwise in writing (including email), the maximum period for which you can hire the Vehicle is 84 days. In the event that the Vehicle is lost, stolen or damaged, you will remain liable to pay us all rental charges as calculated and set out on the Rental Agreement until settlement of any insurance claim, without limit in point of time, even if we have repossessed the Vehicle under any of the terms of this agreement.
6 LATE RETURN If you keep the Vehicle beyond the date and time due back (or after we have required its return as set out in Clause 5) then, in addition to any claim for compensation which we may bring, you will have to pay charges in accordance with our current tariff which can be inspected at our office.
7 LOSS OF OR DAMAGE TO PROPERTY We are not liable to you for any loss of, or damage to, any property which is carried in or on the Vehicle and we do not accept responsibility for any property which you leave in the Vehicle when you return it to us 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. We are not liable to you for any consequential or economic losses resulting from our performance of this agreement or delay in or failure to perform it. Nothing in this agreement shall, however, limit our liability for death or personal injury resulting from our negligence, or any other liability we cannot limit by law.
8 RESTRICTIONS ON USE OF THE VEHICLE The Vehicle must not:(a)be taken outside the United Kingdom without our prior written permission;
(b)be used otherwise than on a public highway or suitably paved area which is designed to carry motor vehicles;
(c)be used to propel or tow any other vehicle or trailer unless it is equipped for the purpose and we have given our permission;
(d)be used to carry passengers for hire or reward or for any driving tuition unless you obtain our prior written permission and provide your own insurance in accordance with Clause 3 of this agreement;
(e)be used for business use as a self-drive hire operator;
(f)be lent or hired out;
(g)be used for any unlawful purpose or for racing, pace making competitions or speed testing, nor must it be used in any unlawful manner;
(h)be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry;
(i)be used in such a way as to make the insurance on the Vehicle invalid;
(j)be used in breach of any Road Traffic legislation or the Construction and Use Regulations;
(k)be used by any person who is not licensed and insured to use it;
(l)be used by any person who is under the influence of alcohol or drugs;
(m)be used in the event of any mechanical, electrical or structural failure or damage if further damage might be caused as a result;
(n)be altered or added to in any way whatsoever.
9 REPAIRS You are not permitted to carry out any repairs to the Vehicle (or let anyone else do so) if the cost of these repairs is more than £25 unless you get our written permission first. You will be liable for any cost of rectification work required as a result of unauthorised repairs which will be completed by a nominated AMT repairer. If we do authorise any repairs then we will refund the cost to you upon production of a VAT receipt.
10 REPOSSESSION If you break (or are suspected of having broken) any of the terms of this agreement, or go into liquidation or administration or suffer any similar event and fail to immediately notify us in writing once known, we are entitled to treat the agreement as terminated and to repossess the Vehicle. You will be charged for repossession of the Vehicle, as set out in the Schedule of Charges available at our office.
11 CHARGES / PENALTIES You are liable for certain charges as if you were the owner of the Vehicle. These charges are:
(a)Any fixed penalty offence committed in respect of that Vehicle under part III of the Road Traffic Act 1991 as amended, replaced or extended by any subsequent legislation and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle upon which the Vehicle is being used.
(b)Any excess charge which may be incurred in respect of the Vehicle or the pursuance of an Order under Section 45 and 46 of the Road Traffic Regulations Act 1984 or the Road Traffic Act 1991 as amended, replaced or extended by any subsequent legislation and any such offence committed 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 as a result of the Vehicle having been parked or left upon land which is not a public road. You are also liable for any congestion charges and penalties incurred as a result of non-payment of congestion charges.
You must also pay our administration charges relating to the above.
12 YOUR OBLIGATIONS Failure to comply with any provision of this agreement may lead you to becoming personally liable for the full cost of repair or replacement of the Vehicle and all claims and costs arising from an accident.
(a)In the event of an accident involving the Vehicle, or any other event which might give rise to a claim against us, you must:
(i)not admit responsibility;
(ii)obtain the names and addresses of all relevant drivers and witnesses including registration numbers of any other vehicles involved;
(iii)complete the accident report form and return it to us within 3 days of the accident or other event that may give rise to a claim;
(iv)secure the Vehicle and inform us immediately;
(v)notify the Police, where appropriate;
(vi)safeguard our interests in all other appropriate ways.
(b)You must pay:
(i)the hire charges published in our tariff (which can be inspected at our offices) unless different charges have been agreed by us in writing;
(ii)for all fuel used and any refuelling charge;
(iii)for any accessories, tyres, tools or equipment which are lost, stolen or damaged;
(iv)our costs of recovering the Vehicle in the event you fail to return it to us;
(v)our administration fee and the hire charges for the number of days the Vehicle is off the road, in the event of damage to or loss of the Vehicle;
(vi)the costs of any debt recovery agency required to chase any debt;
(vii)any court & legal costs incurred by us in relation to any debt.
(c)You must look after the Vehicle and its keys. In particular, you must:
(i)keep the Vehicle free from legal process or lien, fully protected and secured;
(ii)check on a daily basis the engine oil level, water level in radiator, washers and wipers, lights, wheel nuts and brake fluid level, tread depth and inflation on all tyres;
(iii)ensure the Vehicle is driven using reasonable skill and care and in accordance with any applicable road use rules (including the Highway Code and other applicable laws);
(iv)ensure that no smoking is carried out in the Vehicle;
(v)use the correct fuel; and
(vi)if requested by us on reasonable notice make the Vehicle available for inspection, service or repair work.
(d)You must inform us immediately if the Vehicle is damaged, lost, stolen or develops any fault or requires any servicing and allow us to carry out any essential repairs or routine maintenance.
(e)You must 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 on the Rental Agreement) during our business hours at or before the date and time due back, or earlier if required. The Vehicle must be in the same condition as when you hired it (fair wear and tear excepted) and be clean (normal traffic grime excepted).
(f)You must complete, sign where required and return any documentation relating to your hire agreement within the timescales that we request.
(g)You must not assign the Agreement, pledge the Equipment or mortgage the Equipment.
(h)You will indemnify us against any losses we may incur as a result of your operation of the Vehicle.
13 LAW & JURISDICTION This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. If this agreement is entered into in Scotland, then this agreement shall be governed by and construed in accordance with the law of Scotland.
14 MILEAGE Unless confirmed otherwise at the time of booking, mileage is subject to a fair use policy. Fair use is a maximum of 300 miles per day for periods of less than 7 days; a maximum of 1000 miles per week for periods 7 days and above up to 2800 miles in any 28-day period. If the actual mileage carried out by the Vehicle exceeds the mileage allowance we reserve the right to raise an invoice in respect to the difference between the actual mileage carried out by the Vehicle and the mileage allowance, the cost of which will be calculated using the excess mileage rates specified in the tariff, a copy of which is available at our office.
15 SHARING OF INSURANCE INFORMATION Motor insurers and their agents share information with each other to prevent fraudulent claims and to assess whether insurance cover can be offered. In dealing with the proposal, registers may be searched. In the event of a claim the information supplied on this form and the claim form and the accident report form may be put on a register and made available to others. Insurers and their agents reserve the right to confirm license details with the DVLA.
16 STEP-IN RIGHTS You acknowledge that the Finance Houses used by us to fund Goods have certain rights under this agreement, even though they are not signatories of the same. These rights include:
(a)the right to visit or enter your place of business to ascertain the whereabouts of any Goods funded by them;
(b)the right to uplift the Goods if you are in payment arrears to us or if we are in any breach (or howsoever described) under any Agreement between us and the Finance House;
(c)in the event we enter administration, receivership or liquidation and have not paid the Finance House for the Goods, the Finance House has the absolute and immediate right to enter your premises or those of your customers to identify the whereabouts and uplift the Goods;
(d)alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with you to continue leasing the goods until the end of the contract period under this Agreement;
(e)subject to the Finance House’s agreement, if we go into administration, liquidation or receivership you shall be entitled to make rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.
17 DATA PROTECTION
General Provisions:
(a)We may use any Personal Data we obtain in connection with this agreement for the purposes of:
(i)verifying identity;
(ii)processing your vehicle rental or purchase;
(iii)monitoring mileage;
(iv)locating the Vehicle in the event of repossession;
(v)anti-money laundering;
(vi)insurance administration and claims; and
(vii)such other purposes as are set out in our Privacy Policy.
(b)We may also use Personal Data we receive in connection with this agreement for marketing purposes in accordance with any marketing preferences we have received.
(c)We may share any Personal Data with other members of our Group, insurers, law enforcement agencies, regulatory bodies, credit reference agencies, the DVLA and other third parties (which includes third parties we use to assist us with our marketing activities), as permitted under the Data Protection Act 2018.
(d)We may at any time (whether you break the agreement or not) pass your information and information about the Vehicle to the finance company who provide finance to us in relation to the Vehicle (or any member of that finance company’s worldwide group of companies), so that they or their agent(s) can enforce any rights to the Vehicle.
(e)Personal Data may be transferred to the above recipients to countries outside the EEA (including the USA and India) which do not provide the same standard of data protection laws as the UK. Any party who receives personal data is required to have appropriate security measures in place to keep Personal Data confidential and secure.
Telematics Devices:
(a)You acknowledge that a telematics device is fitted in the Vehicle.
(b)You acknowledge and agree that we may use Personal Data collected using vehicle tracking technology in accordance with the Privacy Policy and this agreement and for such other purposes as we may require from time to time including for example to repossess the Vehicle and to review the mileage of the Vehicle to enable us to exercise our rights under Clause 14.