The Lessor agrees to let to the Hirer and the Hirer acknowledges that the motor vehicle described on the hire agreement is fit for his/her purpose. The Hirer confirms that he/she has been given adequate time and opportunity to carefully read the terms and conditions herein and agrees to be bound by them in their entirety.
1. Bookings can not be taken without payment in full.
2. Cancellation of hire by the Hirer: Once hire monies are paid no refunds will be given..
3. Ammendments may be possible subject to availability
4. Deposits/Insurance Excess Fees may vary from £750.00 to £1500.00 depending on certain circumstances e.g. Extra risk,age, points etc... underwritten by the lessor/Insurance company.
5. The Lessor/Insurer reserve the right to accept/decline any application for hire at their own discretion.
6. All hire agreements are subject to Lessor/Insurance approval.
7. The Lessor reserves the right to change/replace the Hirers vehicle prior to and during hire and in extreme circumstances cease hire or request the hire vehicle to be returned, for existing hire 24 hours notice shall be served.
7. It can be an offence to make a false declaration/knowingly provide false
a) The Hirer by Signing the Agreement overleaf gives authorisation for the Lessor to complete any security checks deemed necessary on either their person or any other person named on the Agreement, which may include any or all of the following: Credit/Employment/Bank Referencing, Personal Tracing Via Outside Agency's Including the Tracking if necessary of any Mobile Phone/ Numbers Provided.
8. The vehicle described overleaf is the property of the Lessor. The Hirer described in the Agreement and Declaration overleaf agrees to return the vehicle together with all tyres, tools, accessories and other equipment in the same condition as received at commencement of this Rental Agreement to the place and on the date and time specified overleaf, or sooner if demanded by the Lessor.
9. During the rental period the Hirer shall keep the Vehicle together with its accessories, tools and equipment in his/her sole possession and free from any and all legal process or lien and when not in use to adequately protect and secure it.
10. All vehicle returns must be handed over to and checked in by a member of staff.
11.All vehicles returned in adverse weather conditions may require further inspection within 24 hours of return, this will also apply to vehicles returned in dirty condition.
12. The Vehicle will not be used:
a) for the carriage of passengers for hire or reward.
b) for any unlawful purpose or in contravention of any Act, Order or Regulation affecting the Vehicle or its use of construction.
c) to propel or tow any other vehicle or trailer.
d) for racing, pace making, reliability trails, speed testing or driving tuition.
e) to carry greater number of passengers and/or more baggage than recommended by the manufacturer.
f ) by any person other than the Hirer who has signed the Rental Agreement or who has been nominated as a driver by Hirer and approved by Lessor.
g) by any person who has within the preceding period of ten 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 unless authorised by the Lessor/Insurer.
h) by any person not holding a valid, current driving licence including where necessary or appropriate HGV licence.
i ) by any person under the age of 25 or over the age of 70 unless authorised by the Lessor/Insurer.
j ) by any person who has held a full driving licence for less than 24 months.
k) in any manner which may render the applicable insurance policy void.
l ) outside England, Scotland, Wales without the lessors consent. In which event adequate insurance for the purpose of foreign use must, prior to any travel, commitment or arrangement, be in force and the provision of same shall be subject to separate and additional insurance premium, payment of which shall fall to the hirer.
m) in circumstances where the maximum pay load or individual axle plate weights are exceeded Hirer is responsible for loading and unloading the vehicle.
13. Where a person signing this Agreement purports to do so on behalf of another, they warrant that they are authorised to do so and in such case is deemed to act as Agent Universal, but in any event shall remain personally liable to the lessor.
14. Neither the Hirer nor any servant as Agent of the Hirer is or may hold his/herself out to be the servant or Agent of the Lessor for any purpose whatsoever.
15. The Hirer is not authorised to effect any repairs to the vehicle nor to incur any cost on the Lessors Account without the Lessors express prior consent.
16. The Lessor is not and cannot be held liable for loss or damage to any property stored, transported in or on the vehicle after it has been returned to the Lessors possession.
17. Hirer expressly acknowledges personal liability to pay the lessor and as
per the Lessors authority overleaf to if necessary debit the Hirers/third
parties nominated credit/debit/charge card company:
a) the rental due under this agreement together with, where specified, a mileage charge computed at the rates specified for rental until vehicle is returned (the number of miles of which said vehicle shall be operated under this Agreement shall be determined by reading the speedometer installed by the Manufacturers, if speedometer fails, the mileage charge shall be made in accordance with the road map distance of the journey travelled).
b) time and miscellaneous charges at the rates specified in this agreement.
c) administration charges at minimum rate of £200.00 + VAT.
d) Lessors costs, including reasonable legal fees incurred in collecting payments due from Hirer.
e) compensation for Lessors loss of use of the vehicle (charged at rates specified in current Lessors tariff) whilst being recovered at the termination of this Rental whilst being repaired consequent upon any collision or other damage suffered before the vehicle was returned to the Lessors place of business.
f) charges of which shall apply for the vehicle returned in an unsatisfactory condition including carriage of animals, smoking, spillage of foods/liquids.
g) uninsured losses i.e. seat/carpet/interior burns, windscreen damage and tyre damage.
h) insurance excess charge currently standing at £500.00 minimum, this may be increased depending on hirers criteria and will be taken in all cases until insurance claim is settled.
i ) late return charges at £10.00 per hour + VAT. Hirer acknowledges responsibility to prior advise/inform a member of staff of a late return.
j ) fuel shortages (charged at rates specified in current Lessors tariff).
k) all premiums/hire payments and to be maintained in advance.
l) The Lessor reserves The Right to charge Interest at 5% above the base rate of NatWest Bank P.L.C,calculated from the date when payment becomes due up to and including the date of the actual payment including all accrued interest,whether before or after judgement on any unpaid Hire/Damage or other associated fees/charges.
Fixed Penalties etc.
18. The Hirer shall be liable as owner of the vehicle in respect of:
a) any fixed penalty offence committed in respect of that vehicle under part 111 and the relevant schedules of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and as those provisions may be amended or replaced from time to time:
b) and any excess charge which may be incurred in respect of the vehicle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 as amended by the Road Traffic Offenders Act 1988 and the Parking Act 1989 and as those provisions may be amended or replaced from time to time.
c) and any financial penalty or charge which may be demanded by any person, Corporation or Authority as a result of the vehicle being parked or left upon land which is not a public road.
Insurance Provided by the Lessor
19. Unless the Hirer elects to provide their own insurance the vehicle is, at all times, covered by the Lessors Insurance Policy, the terms of which are available for inspection by the Hirer at the Lessors office. The Hirer shall, however remain liable for any loss or damage to the vehicle as a result of the wilful act or negligence of the Hirer, his Agent(s) or Servant(s) or any breach of the terms of the insurance policy and shall indemnify the Lessor from any third party claim whether consequential or otherwise, which arises there from.
Hirers Own Insurance
20. The Hirer elects to provide on his/her own account a Fully Comprehensive Motor Insurance Policy covering the Lessors vehicle in its full value, current and commencement of this Agreement against loss or damage howsoever caused (including windscreen damage). The Hirer shall in which case, provide the Lessor prior to commencement of the rental period or taking charge and possession of the vehicle, proof of insurance issued by an Insurer authorised by the Department of Trade and Industry and/or recognised at Lloyds of London, upon which the Lessors name and vehicle particulars shall be formerly endorsed.
21. The hirer warrants all premiums required in respect of such policy of insurance detailed in section (COI) overleaf are fully paid at commencement of the Rental Period and shall provide proof of same immediately upon Lessors request.
22. The Hirer shall not use or permit use in contravention of the terms and conditions of his/her Insurance Policy Contract.
23. Any breach of the terms and conditions of the Hirers Insurance Policy Contract, likely to or rendering same void the Hirer shall be held personally liable for all compensation in respect of any loss or damage suffered by the Lessor and would otherwise have been settled by the Hirers if such breach had not been committed.
24. The Hirer agrees that any compensation paid directly to him/her under the insurance contract detailed in the Agreement overleaf in respect of any loss or damage suffered by the Lessor without abatement of deduction of any kind.
25. The Hirer shall be liable to compensate the Lessor for any loss or damage suffered by the Lessor in excess of the monies (if any) paid directly to the Lessors by the Hirers Insurance.
Hirers Obligations in the event of an accident
26. The Hirer agrees to protect the interest of the Lessor and the Lessors Insurance in the case of an accident during the term of this Rental and shall immediately report to the Lessor any accident in which the vehicle detailed and described in the Agreement overleaf is involved and shall:
a) make every endeavour to obtain the names and addresses including vehicle details of all parties involved.
b) obtain the names and addresses of witnesses.
c) not admit liability or guilt.
d) notify Police immediately if another party's guilt has to be ascertained and/or if people are injured.
e) not abandon or leave the vehicle unattended without first ensuring adequate provision for safeguarding and securing it.
f) provide the Lessor with a detailed written report including diagram (accident claim report).
Data Protection Act 1984
The Lessor and Hireguard through a National Database which is used in conjunction with insurers to aid avoidance of a) fraud, b) multiple claims, c) bogus hirers and monitors Hirer/Drivers performance.
In compliance with the said Act Hireguard is the Data User and is accordingly licensed by the Data Protection Registrar, Registration Number N0802 12 1.
The Hirer shall be bound by the following terms and conditions
1. If the Hirer has indicated overleaf that he wishes the Lessor (namely the company specified as such overleaf) to provide insurance then the following provisions will apply:-
a) This agreement is subject to and is deemed to include the terms,
conditions and limitations of the Lessor’s insurance policy, a copy of which
may be inspected at the Lessor’s office.
b) Any vehicle hired under this agreement may only be driven by the hirer or by the person signing the agreement on behalf of the Hirer any additional authorised drivers who have had a completed insurance proposal form accepted by the Lessor.
c) The Hirer agrees to pay the insurance charges on the Lessor’s current tariff, plus the waiver charge for reducing or removing the insurance excess as initialled, and the excess as shown overleaf.
d) Even though it may be covered by the Lessor’s insurance the Hirer shall be liable to pay the cost of repair of any damage which the vehicle may suffer as the result of the wilful action of the Hirer or any servant or agent of the hirer.
e) The Hirer will compensate the Lessor for any loss (whether direct indirect or consequential) which it may suffer as a result of any act or omission on the part of the Hirer or his servant or agent.
2. If the Hirer has indicated overleaf that he wishes to provide his own insurance then the following provisions will apply:-
a) The Hirer’s responsibility shall be to insure the vehicle until it is
returned to the Lessor in its full value against loss or damage (including
windscreen damage) by accident, fire or theft under a comprehensive policy of
insurance with an insurance office of repute. The Hirer shall at the leesor’s
request supply full details to the lessor and shall instruct the insurers that
the Lessor’s name shall be endorsed on the policy.
b) The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy and shall procure that any compensation under the said insurance is paid directly to the lessor.
c) If the hirer shall effect insurance which is not comprehensive or if for any other reason the amount paid by the hirer’s insurers shall be less than the loss or damage (whether direct, indirect or consequential) suffered by the Lessor then the Hirer shall pay the Lessor the difference.
3. Where this agreement has been signed by a person on behalf of the Hirer,
he warrants that he is authorized to sign for the Hirer, and is jointly and
severally liable with the Hirer under this agreement.
4. Neither the Hirer not any servant or agent of the hirer, not any authorized driver is or may hold himself out to be, the servant or agent of the Lessor for any purpose whatsoever.
5. The rental period under this agreement shall be from the Date out shown overleaf until the Date due back (as recorded overleaf or in any agreed attachment hereto) unless:-
a) The Hirer shall for any reason terminate this agreement before the Date
due back, or
b) The Lessor shall terminate this agreement before the Date due back by a reason of any breach by the Hirer of any term hereof, or
c) The Lessor shall for any other reason call for the return of the vehicle before the Date due back. In any of which events the hirer shall forthwith return the vehicle, provided that the Hirer shall not be liable for any charges in relation to any period after the vehicle has been returned pursuant to this agreement.
The total rental period shall not in any event exceed 90 days.
6. It is a breach of this agreement for the Hirer to fail to return the vehicle to the Lessor at the end of the rental period and the damages payable for such breach (in addition to any damages payable for such breach) will be the charges which would have been payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof.
7. The Lessor is not liable for the loss of or damage to any property stored or transported in or on the vehicle, when it returns to the Lessor’s possession, The Hirer will indeminity the Lessor against any claims relating to any such property.
8. The vehicle will not:-
a) Without the Lessor’s prior written consent be taken outside the territory
and any British Isle on which the hiring commenced.
b) Without the Lessor’s prior written consent be used to propel or tow any other vehicle or trailer.
c) Be used for the carriage of passengers for hire or reward or for driving tuition unless the Hirer shall have obtained the Lessor’s prior written consent and shall in addition have provided his own insurance in accordance with clause 3.
d) Be used for any unlawful purpose or for racing, pacemaking, competitions or speed testing, or in any unlawful manner.
e) 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.
f) Be driven in a manner which would render void the policy or the other contract of insurance, or in contravention of any Road Traffic legislation or Construction and use Regulations, or by any person who is not licenced to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical or structural failure or damage. If further damage might thereby be caused.
g) Be altered or added to in any manner.
9. The Hirer is not authorized to effect any repairs to the vehicle costing
more than £25.00 without the Lessor’s prior consent. Save to the extent that
there may be an excess on the Lessor’s insurance which the Hirer is obliged to
pay, the Lessor will refund to the Hirer the cost of necessary repairs not
exceeding £25.00 (for more if the Lessor’s consent had been obtained) on
production of a VAT receipt and any parts replaced.
10. If the Hirer commits any breach of this agreement, that the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorizes the Lessor to enter upon his property for such purpose.
11. The Hirer shall be liable as owner of the vehicle in respect of:-
a) Any fixed penalty offence committed in respect of that vehicle under part
lll Of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991 as
amended replaced or extended by any subsequent legislation or orders and any
such offence committed under the equivalent legislation applicable to Scotland,
Northern Ireland or any British Isle upon which the vehicle is being used.
b) Any excess charge which may be incurred in respect of the vehicle in pursuance of an Order under section 45 and 46 of the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
c) Any financial penalty or charge which may be damaged by any person, corporation or authority as a result of the vehicle having been parked or left upon land which is not a public road.
12. The Hirer is obliged:-
a) To pay on the Lessor’s current Tariff for the rental and fuel, to pay for
any accessories, tyres, tools or equipment lost, stolen or damaged; to pay the
Lessor’s cost of recovering the vehicle in the event that the Hirer fails to
return it to the Lessor in accordance with clause 13(f); to pay any penalties,
fines and court costs incurred in the use of the vehicle before it is returned
to the Lessor and which the Lessor is obliged to pay (save when caused by the
fault of the Lessor); and to pay VAT where appropriate at the currant rate.
b) To safeguard the Lessor’s interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle and where appropriate notifying the police.
c) To ensure that the correct tyre pressures, engine oil level , battery fluid level screen wash levels; coolant levels and automatic transmission oil level( where fitted) are maintained throughout the period of rental.
d) To ensure that the vehicle is always locked when unattended and to take all reasonable steps to prevent loss of or damage to the vehicle or the tyres tools accessories equipment or contents.
e) To inform the Lessor immediately if the vehicle suffers any damage or loss develops any fault or requires any servicing, and permit the Lessor to carry out any essential repairs or servicing.
f) To return the vehicle (together with all its accessories, tyres, tools and equipment during the Lessor’s business hours to a representative of the Lessor and to the place from which the vehicle was hired unless a different place is specified overleaf at or before the end of the rental period or on the earlier termination of the agreement, in the condition prevailing at the commencement of the rental (fair wear and tear expected ), clean and tidy (traffic grime expected).
g) Upon termination of the hire, vehicles should be left in a safe and secure position that conforms to parking regulations. Keys should be kept securely but accessible to the staff for collection at the earliest possible opportunity. The vehicle remains the responsibility and is subject to the customers insurance cover. Until such time as it has been collected by KVS staff, or to a period of 24 hours from the termination of the hire which ever is the shorter.
13. The Lessor is obliged:-
a) To take reasonable steps to provide the Hirer with a well maintained
vehicle but shall not be liable for any direct, indirect or consequential loss
caused by any breach of this or, any other obligation of the Lessor hereunder.
b) When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly, if possible.
c) If repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle or allow the Hirer to terminate the Hire.
14. The Hirer acknowledges:-
a) That this agreement is not assignable by him.
b) That this document (together with any agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of the Lessor.
c) That he is not entering into this agreement on the basis of any warranty or representation by the Lessor.
d) That failure by the Lessor to enforce any term of this agreement shall not be construed as a waiver of the rights hereunder.
15. All telephone calls will be recorded for training purposes.
16. All returned cheques will incur a £20.00 admin charge.
17. No monies will be refunded in the event of a cancellation once a booking has been made and paid for.
18. An administration fee of £25 will be applied to all motoring offences received.