Terms & Conditions for Vehicle Hire

 

1. 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.
Accessories: The spare wheel, 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 overleaf 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.
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 the Lessor’s current tariff. 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 Lesser.
Personal Accident, Personal Effects & Goods in Transit insurance Fees: Fees which entitle the Hirer to the benefits of the cover set out in the master policies issued to the Lessor.
Current Tariff: The Lessor’s tariff current at the commencement of hire.
The Insurance Policy: The Lessor’s policy of insurance on the vehicle a copy of which is available for inspection at the rental location.

2. The Hirer acknowledges that:
(a) the vehicle is fit for his purpose and undertakes to return it and its accessories to the place and on the date due back.
(b) he has recovered the vehicle free from apparent defects or damage.
(c) the Lessor has no liability in respect of any injury, loss or damage arising from the use of the vehicles, nor shall the Lessor be liable for any indirect loss or damage, or, in the case of consumers, damage which was not foreseeable by both parties.
(d) the Lessor shall not be liable for damage 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 all its accessories in his or any approved driver’s possession and free from legal process or lien and when not in use 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 for propelling or towing any vehicle, trailer, or other object.
(c) in any manner which might render void the insurance policy, or any other contract of insurance. (d) for any illegal purpose or in contravention of any legislation affecting the vehicle, its use of construction.
(e) by any person who
i. is not licensed to drive the vehicle
ii. is under 21 years of age or over 70
iii. is under the influence of drink or drugs
iv. has given a fictitious name, age or address
v. has not been approved by the Lessor as a driver
vi. 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 of Personal Accident, Personal Effects or Goods I Transit insurance fees, and any Refuelling and miscellaneous charges
(c) the excess amount in respect of incident resulting in damage to or loss of the vehicle, its accessories or any property left stored or transported in or upon the vehicle
(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 taxes 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.

7. The Hirer and 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 immediately of any loss or damage to or fault developing in the vehicle.
(c) at the request and cost of the Lessor permit to be done in his own name all acts and things as may be reasonably required by the Lessor for the purposes 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) indemnify the Lessor against any loss incurred by reason of any breach of this Agreement by the Hirer or any driver.
(e) ensure the maximum payload and individual axle plated weights are not exceeded.
(f) be responsible for the loading or uploading of the vehicle.
(g) obtain or maintain any necessary operator’s licence.

8. The Hirer and any driver shall not:
(a) without prior consent of the Lessor incur any liability for repairs to the vehicle 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 unless due to our negligence. The Hirer may purchase insurance to cover such loss or damage by initialling the relevant space.

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 shall not be extended without the Lessors express authorisation in writing and in any event the period of he Agreement shall not exceed 90 days.

11. HGV Driving Licence is required for all vehicles over 7.5 tonnes gross vehicle weight. HGV Driving Licenses MUST be accompanied by a current and valid ordinary driving licence.

12. If the Hirer does not comply with any of these conditions he shall return the vehicle to the Lessor immediately and pay to the Lessor on demand any loss it suffers in respect of the Hirer’s non compliance, failing which the Lessor shall be at liability to retake possession of the vehicle and all costs and expenses incidental to recovery of the vehicle shall be repaid by the Hirer to the Lessor on demand.

13. Any addition to or alteration of the terms and conditions of this Agreement should be agreed upon in writing by the parties.

14. 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.

THESE TERMS AND CONDITIONS ARE PART OF THE RENTAL AGREEMENT

 

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Email sevenoaks@rawstonehire.co.uk to enquire about vehicle hire.

 

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