TERMS AND CONDITIONS
In these Terms and Conditions (a) “The Company” means the Company whose details appear on the Hire Agreement (b) “the Customer” means the person, firm or organisation by or on behalf of whom vehicles are rented under these Terms and Conditions (c) “Authorized Driver” means the driver(s) additional to the Customer approved and entered overleaf by the Company. The Customer will ensure that any Authorised Driver will comply with these Terms and Conditions (d) “Vehicle” means the Vehicle described overleaf (e) “DW’ means Damage Waiver (f) “TPI” means Third Party Insurance relating to Third Party motor liability (g) “Insurer” means the insurance company through which TPI is arranged.
1. The Company agrees to rent and the Customer agrees to take the Vehicle on the Terms and Conditions as set out herein.
2. Minimum Hirer age 23, Maximum 75 years of age.
3. The Customer will pay the Company on demand all charges due hereunder including where relevant, sums in respect of DW, TPI, surcharges, additional charges and VAT or other taxes thereon.
4. DW and TPI are available from the Company. Surcharges and additional charges are subject to their terms of issue. The Company will always require a current valid full driving license held for at least 2 years prior to rental and reserves the right to inspect such license. Driver abuse of the Vehicle is excluded from these insurances. Vehicles for which DW and TPI is taken out are rented to the Customer on condition that the Customer complies with the respective Terms and Conditions. Neither the Company nor its Insurer will accept any liability for loss or damage caused whilst a Vehicle is rented to a Customer who does not comply with these conditions, and the Customer agrees to make any payment necessary to put the Company in the position it would have been in if the breach had not occurred. The Customer will supply any information concerning the driver(s) of the rented Vehicle to the Company upon demand and undertakes to allow the Company direct access to the driver(s) of the Vehicle and will fully co-operate in obtaining such access. If DW is not taken by the Customer, the Customer will be liable for the full cost of any damage sustained to the Vehicle in all cases where the Customers Own Insurance has not been requested. TPI is mandatory for the avoidance of doubt Damage Excess applies not only to damage to but also theft of the Vehicle. The Customer will use its best endeavours to supply full details of any Third Party Vehicle involved in any accident with the Vehicle.
5. If the Customer has opted to arrange their own insurance on the Vehicle, the cover must be comprehensive. Any excess on the policy is the responsibility of the Customer. The Company reserves the right to ask for satisfactory proof of the Customer’s own insurance prior to the commencement of rental. The Customer is responsible for ensuring the Vehicle is properly insured from the time of delivery until 12.00 hours on the first working day following termination of the rental and indemnifies the Company against any loss incurred or damage to the Vehicle in the event that such cover fails to be effective. If the Customer becomes aware of any changes in their insurance cover during the period of rental the company’s Insurance Department Eminence Rent A Car Ltd, Unit 7-9, Brineton Street, Walsall, WS2 9EP must be notified immediately in writing. In the event of accident / loss or damage to the Vehicle the Company will undertake repairs or select a repairer if applicable and will invoice the Customer for such repairs and any associated costs such invoice will be subject to Payment on demand. The company may at its discretion accept payment from the customers insurers, however ultimate responsibility is with the customer The company reserves the right to inspect the customers driving license or that of his servant or agent and the customer undertakes to ensure that any driver using the rented vehicle holds a full (not provisional) license.
6. The Customer acknowledges that notwithstanding the provisions of (3) and (4) above it as a duty to ensure that all reasonable care is taken of the Vehicle against damage or loss throughout the rental period. The Customer accepts responsibility for any loss or damage to the Vehicle caused by their wilful act or negligence. This includes but is not restricted to responsibility for any loss or damage to the Vehicle or its accessories as a result of theft occurring when the Customer or its servant or agent has left the keys in or with the Vehicle and the Customer hereby Indemnifies the Company against such loss or damage.
7. (a) The Customer undertakes to ensure that the Vehicle is not subject to overloading in respect of number of persons or weight of goods carried within the Vehicle during the rental period.
(b) If the Vehicle is used outside the mainland UK, the Customer undertakes to ensure that the Vehicle is checked for illegal Immigrants before returning to the UK.
8. The Customer undertakes to return the Vehicle with all tyres, tools, audio equipment and other accessories in the same condition as when received to the place and on the date set down overleaf. If special cleaning is required for whatever reason the Company will make a separate charge to cover the cost of any cleaning and/or repair work required.
9. Vehicles are rented at a daily rate according to the agreed charge one day being defined as any period of 24 hours from the time of commencement of rental agreement. A grace period of 10 minutes is allowed for after time due back. After this a day’s charge will be made.
(a) In the event that the Customer requires a Vehicle for a longer period than the agreed rental period the Customer must notify the Company at least 12 hours prior to the termination of the agreed rental period. In the event that the Customer fails to notify the Company of such requirement their authority to retain said Vehicle may, at the Company’s discretion, terminate and, in that event the Customer will become liable for any loss or damage incurred by the Company as a result. The Company reserves the right, in the event of such failure of notification, to use such means as it may choose to recover such Vehicle.
(b) If the rental is to be extended beyond 28 days the Customer must notify the Company of the mileage of the Vehicle. The Company reserves the right to substitute a suitable replacement Vehicle.
(c) In the event that a Vehicle on rent reaches the mileage at which a routine service is due the Customer undertakes to notify the Company and make that Vehicle available to the Company for such servicing to be carried out or for the Vehicle to be replaced at the Company’s discretion.
10. If at termination, the Customer has complied with all Terms and Conditions stipulated herein, then, but not otherwise, and subject to condition 5 above, responsibility for loss or damage to the Vehicle or its accessories is:
a. The full cost of any damage to Vehicle it DW has not been purchased.
b. Insured by the Insurers it the Customer purchases DW at the time of first entering this agreement subject to any excess.
c. Insured by the Customer if applicable.
11. The period of Hire as specified overleaf shall not be extended without the Lessor’s express authorisation in writing and in any event the period of this Agreement shall not exceed 30 days.
12. All vehicles will be re-filled to a level in which the vehicle left the company at, if a Vehicle is delivered to the Customer; the Customer is liable for the cost of the fuel from the time it leaves the Company’s branch until such time as it is returned to the Company branch. The Customer accepts responsibility for the cost of such refuelling at the prevailing Company rate per litre.
13. (a) The Customer is liable for all penalties for offences committed under traffic regulations, including, but not restricted to, parking tickets, clamping fines, compound charges, bus lane fines, speeding fines and congestion charges incurred during the rental period. If these remain unpaid by the Customer and are sent to the Company for payment by the relevant issuing authority a charge shall be made to the Customer of no more than the actual cost of the penalty incurred to cover the Company’s administration costs. This shall be in addition to the amount of the penalty which shall also be payable by the Customer. (b) At the termination of the rental it is the Customer’s responsibility to ensure that the Vehicle is parked in a suitable place to allow collection at any time up to a period of 6 working hours from termination without the imposition of any parking or clamping fines or towing or compound charges. If this provision is not complied with then the Customer shall be responsible for such penalties. If these remain unpaid they shall be charged to the Customer, together with an administration charge of no more than the amount equivalent to the actual cost of the penalty incurred. (c) The Customer is responsible for the payment of any Civil Penalty and restoration charges and loss of income whilst the Company cannot rent out the Vehicles, if the Vehicle is seized by Customs & Excise or the Immigration Authorities.
14. The Customer will immediately inform the Company of any fault in the Vehicle and will not use the Vehicle whilst it is in an unworthy road condition. The Company will provide roadside assistance 24 hours a day in the case of a breakdown in mainland United Kingdom. Accident calls are excluded from this cover. In the event that the Vehicle remains immobile after call out, the Company will, at its discretion, either replace the Vehicle or make alternative arrangements for the driver/passenger(s). If the Vehicle is used outside mainland United Kingdom and becomes inoperable the Company cannot guarantee that this service will be available.
15. The Vehicle will not be used:
(i) for the carriage of passengers or property for hire or reward.
(ii) For racing, pacemaking, reliability trials, speed testing or driving instruction. (iii) To propel or tow any other vehicle or trailer.
(iv) In violation of the provision of any legislation, order or regulation affecting the use, loading or condition of the Vehicle or for any illegal purpose. (v) Outside mainland United Kingdom without the express agreement of the Company.
16. The Vehicle will not be driven by any person:
(i) who has been involved in more than one accident in the past three years. (ii) Other than the Customer or an Authorised Driver.
(iii) Who is under the age of 23. This may be modified by restrictions imposed by the Company relating to its Vehicles from time to time.
(iv) Who has not held a valid full driving license for a minimum period of two years.
(v) Who is under the influence of alcohol, hallucinatory drugs, narcotics or barbiturates. (vi) Whose driving license is subject to restrictions due to disability or infirmity.
17. The Customer acknowledges that any property placed within the Vehicle is there at their own risk and that the Company has no responsibility for such property.
18. The Customer will at the Company’s request do all required by the Company on its behalf on the Insurers and permit his name to be used by the Company for enforcing any rights or remedies against any persons in connection with the Vehicle.
19. The Customer or any Authorised Driver of the Vehicle will in no way be deemed to be the agent, servant or employee of the Company.
20. The Company will not either on its own behalf or on behalf of the insurer, waive any of its rights hereunder except in writing signed by a duly authorised representative of the Company or the Insurer respectively.
21. The Company reserves the right not to reimburse any repairs in excess of £10 not authorised in advance of the Company.
22. If the Customer is a Company or other organisation for which a credit account has been opened these Terms and Conditions must be read in conjunction with the Corporate Terms and Conditions of Trading given to the Customer at thee time of opening the account as varied from time to time. In the event of any inconsistencies the Corporate Terms and Conditions shall prevail.
23. The Company reserves the right to terminate the rental to which this agreement refers if it becomes aware of any breach by the Customer of these Terms and Conditions. Upon breach of the above terms and Conditions the Company may give your personal details to credit reference agencids, the Driver & Vehicle Licensing Authority (DVLA), Customs & Excise, the police, debt collectors, and any other, relevant organisation. The Company may also give your personal details to the British Vehicle Rental and Leasing Association, who may pass your details on to any of its Member of any purpose stated in the Data Protection Act 1998.
24. Government taxes and other levies will be charged as required by current legislation.
25. The Customer acknowledges that the Company is entitled to charge any credit, charge or debit card nominated at the time the rental is effected for any charges due to the Company pursuant to this agreement.