TERMS AND CONDITIONS OF HIRE
In no event will the vehicle be used, operated or drive
For the carriage of persons for Hire or Reward: whether express or implied/except for the provision of Driving Lessons by a registered ADI Driving Instructor or Licensed PDI instructor or for the purpose of a DSA Driving Test or Qualifying examination by a trainee instructor
Knowingly for any unlawful purpose
After the expiry of the period of hire as stated overleaf, or outside of the United Kingdom without the express approval of The Company
The Hirer will return the vehicle to The Company’s address shown overleaf on the date shown overleaf or earlier as demanded by The Company; together with all tyres, tools, accessories and equipment, in the same condition as when received(ordinary wear and tear excepted) provided however the Hirer observing the terms of this agreement in all respects shall not be liable for loss or damage to the vehicle: except that the Hirer is liable to account to The Company for all and any of the proceeds of insurance which become due and payable pursuant to the insurance provided hereunder, by The Company, and if the Hirer has not elected to pay an extra premium to reduce the excess the Hirer shall be responsible for the payment of any collision excess.
The Hirer will not use the vehicle if any damage or fault shall arise so as to make the vehicle unroadworthy or liable to cause Danger to any person or property until such damage or fault has been repaired or corrected. In the event of any such fault arising which can be repaired or corrected at total cost not exceeding £20 the Hirer will either return the vehicle to The Company, or authorise the carryout of such repair by a reputable and properly qualified motor repairer. Authorisation for expenditure in excess of £20 must be obtained from The Company prior to commencement of the repair. The Hirer will not without The Company’s consent permit or authorise repairs to the vehicle at a total cost exceeding £20 or reasonably possible of any fault to the vehicle-requiring repair or of the carrying out of any repair to the vehicle as aforesaid. Neither the Hirer nor any other driver of the vehicle will be, or deemed to be, the agent, servant or employee of The Company for any reason or for any purpose. The Company shall provide full comprehensive insurance cover including use for Social, Domestic, Business and Pleasure for the benefit of the Hirer and others holding a UK/EEC or other acceptable driving licence. The Hirer agrees to comply with and be bound by all terms, conditions, limitation and restrictions of such a policy as if here full set forth including of the same not specifically mentioned herein. Such a policy a copy of which may be inspected at the Office of The Company, shall (subject to the requirements of the Road Traffic Acts) not apply: To any obligation for which the Hirer or any driver of the vehicle or the employer of either or any insurance carrier may be held liable under any workman’s compensation or disability benefit or similar law. To any obligation assumed by the Hirer or any driver under any expressed implied contract apart from this Rental Agreement. To any liability of the Hirer or any driver of the vehicle or any employer of either arising while the vehicle is being used in violation of any limitations set forth above or, To medical payments required by persons sustaining injuries while or alighting from or getting into or on the vehicle. The Hirer will be liable, throughout the period of hire stated overleaf; for all sums that become due /or are levied in respect of fixed penalty charges, City Centre Congestion Charging or any penalty levied for non-payment/non conformity with such schemes (in London or any Town/City where Congestion Charges apply) together with all fees, fines or excess payments for any of the following offences which may be committed in relation to that vehicle when it is stationary and when a fixed penalty notice is issued: being on a road during the hours of darkness/ without lights or reflectors as required by law; and/or being left or parked; or being loaded or unloaded in a road/contrary to the waiting and parking regulations of the Road Traffic Act 1988 or subsequent amendment thereof. Being used or kept on a public road within the meaning of the Vehicle (Excise) Act 1971 without a licence under the Act being exhibited on the vehicle in the manner prescribed under that Act. And the non-payment of charges made at a street parking /or off street parking place : and Fees or charges in connection with wheel clamp removal, towing away or recovery of the vehicle from a car pound throughout the period of hire shown overleaf.
The Hirer will be held liable, throughout the period of hire stated overleaf; for all sums that become due/ or are levied in respect of: fines, fees or fixed penalty charges – related to any other offence which may be committed contrary to the Road Traffic Act/s 1974, 1988, 1991 subsequent amendment or addition thereof.
The Hirer will immediately report to The Company any collision in which the vehicle is involved and shall deliver to The Company or its insurer if so directed by The Company;every process pleading or notice or paper of any kind received by the Hirer or the vehicle relating to any claim or suit or proceeding and shall co-operate fully with The Company and its insurers in investigating and defending the same
The Hirer will defend indemnify and hold harmless The Company from against any and all such losses liabilities damages injuries claims demands costs and expenses arising out of or connected with the possession or use of the vehicle during the rental term (except those covered by the insurance provided hereunder by The Company) and caused by negligence or non-observance of the terms of the agreement on the part of the hirer or his drivers, agents or employees including but not limited any and all claims or liabilities to Third Parties arising out of the abandonment conversion secretion concealment or unauthorised disposal of the vehicle by the Hirer or his drivers agents or employees or the confiscation of the vehicle by any government authority for illegal or improper use of the vehicle.
The Company will not be liable for loss or damage to any property of the Hirer or any other person which may have been in or on the vehicle either before or after its return to The Company whether or not related to the negligence of The Company or agents servants or emplyees. The Hirer will assume all risk of such loss or damage waive all claims therefore against The Company and defend indemnify and hold The Company harmless from all claims arising out of such loss or damage.
NOTWITHSTANDING the period of hire shown overleaf:
The Company may demand the return of the vehicle at any time, save that such demand is not without reasonable cause
Upon the return of the vehicle pursuant to such a demand ; the Hirer will be liable to any charges in respect of the remainder of the hire period.
The Company may repossess the vehicle 48 hours after the demand, if the vehicle has not been returned in that time, or sooner, if in The Company’s reasonable judgement the demand may not be complied with. The Company shall not be liable for any loss or damage, which the Hirer may sustain as a result of such demands and/or repossession.
The Hirer will pay The Company on demand all time, mileage service minimum and all other charges entered into overleaf at the rates shown or computed as provided in this Rental Agreement. If the Hirer has directed charges to be billed to another person and such person shall fail to make payments the Hirer acknowledges personal liability for and shall pay such charges on demand. The Company may retain the advance deposit provided overleaf to cover any amount due or which might become due hereunder. In the event of default in payment of any amount due to The Company under the terms of the Agreement and if this account is placed in the hands of an agency of solicitor for the collection or legal action the Hirer agrees to pay in addition to the amount due hereunder all costs of collection including agency and solicitors fees and court costs. The number of miles this vehicle has been driven under this Rental Agreement shall be determined by reading the standard mileage recording device attached to the vehicle by the Manufacturer. If this device fails through mechanical breakdown, the mileage charges shall be computed from full particulars in regard to the use to which the vehicle has been put during the period of hire, which the Hirer will furnish to The Company on demand. If the device shall fail to function because its seals have been tampered with or broken by any person or due to a cause other than mechanical breakdown the Hirer shall pay for the repair of the unit or replacement of the seal as the case maybe, and also a reasonable mileage charge calculated in accordance with the information available to The Company regarding the use of the vehicle and charges raised in rental cases appearing to The Company to be of similar character ( in lieu of the charge calculated as above). The Hirer agrees that any misstatement herein contained or any breach of any provision of the agreement will authorise The Company to repossess the rental vehicle by use of any such lawful means. The Hirer is responsible for the theft of the vehicle unless keys are removed and doors locked. The Hirer will have exclusive possession use and control of this motor vehicle for the entire period of the Rental Agreement and the Hirer shall completely assume full responsibility to the public and any regulatory body having jurisdiction. He/ She undertakes to drive and use the vehicle in a skilful and careful manner at all times. In event of any loss or damage to the vehicle which is prima facia covered by the insurance provided hereunder The Company and the Hirer agree. That the Hirer’s liabilities, if any, to The Company in respect of such loss or damage shall be suspended pending the resolution of the insurance claim. That the Hirer will authorise The Company to pursue the insurance claim/s, collect all the proceeds (if any) and retain the same in full and final discharge of the Hirer’s liabilities to The Company in respect of the loss or damage to which they relate, policy excess applies. For the convenience and comfort of others, a strict NO SMOKING policy applies to all vehicles. Where this is disregarded, any cost incurred to make good interior damage, and/ or additional cleaning charges will be passed to the Hirer.
Wales Approved Driving Instructor Dual Control Car Hire