1. YOUR AGREEMENT WITH US
(1) Your signature on the Rental Agreement Form :-
(a) is your acceptance of the terms and conditions set out on this form; and
(b) creates a legally binding Agreement between you and us.
(2) Includes the information as shown on the Rental Agreement Form and any provisions set out thereon.
(3) Any additions or changes must be in writing and signed on our behalf and by you.
(4) Under the heading “MEANINGS” in clause 12 of this Agreement you will find an explanation of certain expressions used in this Agreement.
2. PERIOD OF HIRE
(1) We agree to let you have the use of the Vehicle from the Date/Time Out until the agreed Date/Time In. With our written agreement you can extend the rental period, in which case the new agreed date and time for return of the Vehicle becomes the Agreed Date/Time In. The rental period cannot, however, exceed 28 days
(2) If you are in breach of this Agreement we can end the rental before the Date/Time In. You will no longer have possession of the Vehicle with our consent. We may then take it back.
(3) We can also take back the Vehicle without notice if we reasonably think that you are in breach of any of the conditions of this Agreement or have given us incorrect information.
(4) You hereby authorise us to enter your property for the purposes of recovering the Vehicle where there has been a breach of this Agreement.
3. WHAT YOU AGREE FROM THE OUTSET
For the purposes of this Agreement AND any insurance provided you agree that:-
(1) You will not use the vehicle for purposes which require the holding of an OPERATOR’S LICENCE without having such authorisation. You agree that if the vehicle is detained by the Vehicle Inspectorate for its illegal use that you will be responsible for any charges incurred in recovering the vehicle and for any consequent loss of rental income by us or the Lessor.
(2) The information which you have given us and which is entered on the Rental Agreement Form is true. Incorrect information can invalidate any such insurance.
(3) No-one named on the Rental Agreement Form as the Driver or Additional Driver:-
(a) has ever been refused motor insurance;
(b) is disqualified in any country from driving a Vehicle;
(c) is subject to any current Court Order for the endorsement of his/her driving Licence which does not yet appear on that Licence; pending court proceedings for a road traffic offence which can attract penalty points; a criminal conviction for a driving offence which has not been disclosed to us; or any physical or mental disability which affects his/her ability to drive a Vehicle;
(d) has been disqualified at any time from driving for any alcohol or drug related offence.
(4) you will inspect the Vehicle before you drive it and tell us if you notice any problem with it (including any damage which has not been detailed on the Recorded Damage Form);
(5) you will obtain and comply with any authorisation, licences or permits which are required for the driver to drive or operate the Vehicle;
(6) you will indemnify us against:-
(a) any liabilities, costs or expenses (including legal costs) which are not covered by insurances taken out by you; and
(b) all claims by or against us resulting from your failure to comply with any of the terms of this Agreement or with the terms of any insurance policy effective during this Agreement.
4. OUR RESPONSIBILITIES TO YOU
(1) We have maintained the vehicle in accordance with recommended guidelines.
(2) If the Vehicle becomes unroadworthy we may at our discretion replace it. The replacement will be as similar as possible to the Vehicle you originally rented. If we do not replace the vehicle we will give you a refund of the un-expired charges.
(3) Apart from expenses authorised by us for repairs we will not be responsible for any losses you may incur because of any defect or breakdown of the Vehicle. Nor will we be liable for any loss of or damage to any property which you or any other person leaves in or on the Vehicle. But we do accept any obligation which is imposed on us by statute (for example, relating to personal injury or death).
(4) If we find any property which has been left in the Vehicle and this property has not been reclaimed within 48 hours of the end of the rental period we reserve the right to dispose of it and charge you for the reasonable cost of disposal. You will also be liable for any reasonable costs we incur in holding the property and any reasonable administration costs (including the cost of posting property to you if so requested by you).
5. YOUR RESPONSIBILITIES WHILE YOU HAVE THE VEHICLE
(1) You will comply with the terms of the relevant insurance policies.
(2) Apart from fair wear and tear you will pay for the cost of any loss of or damage caused to the Vehicle (regardless of fault) during the rental and you will also pay for any loss of rental income while the Vehicle is being repaired. Our loss of rental income will be the usual rental charge for the Vehicle until repairs are completed or until settlement is reached and payment received if the Vehicle is lost or beyond economic repair. In addition you must pay our reasonable administration cost of processing any of these claims. But if there is an amount of money shown on the Rental Agreement Form headed damage/theft excess, then your liability for these losses and damage will be limited to that amount.
(3) You will tell us as soon as possible about loss or damage to the Vehicle, or if it is not working correctly. If further damage could be caused to the Vehicle by using it when it has been damaged or is faulty you must not continue to use it. You will make the Vehicle available for repairs and scheduled servicing
(4) You will take proper care of the Vehicle making sure it is locked and secured when not in use and properly protected against damage due to bad weather. You must ensure that the correct fuel is always used and regularly check and maintain correct levels of engine oil, tyre pressure and coolant. When not in use you will set and use any security device fitted to or supplied with the Vehicle.
(5) You will ensure that the Vehicle is not used if it is in an unsafe condition or unfit to drive or for a purpose for which it is not designed or suitable. You will not overload the Vehicle or allow it to carry more passengers than the number for which it is designed and fitted out.
(6) You will properly secure all loads and will not carry hazardous, dangerous or inflammable substances.
(7) You will not drive the Vehicle on unmade roads or other unpaved surfaces, nor use the Vehicle for racing, pace making or any other sort of competition. You will not use the Vehicle for towing, pushing, driving tuition or any other hazardous or unusual use.
(8) You will not allow the Vehicle to be operated or used by anyone who has not been authorised by us.
(9) You will not use or drive the Vehicle for any unlawful purpose nor whilst you are intoxicated or under the influence of any substance which impairs driving ability.
(10) You will tell us the whereabouts of the Vehicle if we ask you. You will not take the Vehicle outside the United Kingdom (England, Scotland, Wales and Northern Ireland) without our written permission.
(11) You will not sell, rent or dispose of the Vehicle in any way nor represent that you are the owner of the Vehicle or our agent. You will not remove or change any name or other mark identifying ownership of the Vehicle nor use the Vehicle to carry people or property for hire or reward.
(12) You must not do or allow any work on the Vehicle without our permission. Authorised repairs must, however, be carried out by a suitably qualified mechanic.
(13) You will pay directly or reimburse us for any fines or penalties imposed as a result of the use of the Vehicle and we reserve the right to charge for administration costs for responding to police and other authorities. Such administration charges as may be applied will be a minimum of £25.00.
6. YOUR RESPONSIBILITIES FOR RETURNING THE VEHICLE
(1) You must return the Vehicle to the Renting Location by the Date & Time Due In, or at once if this Agreement is terminated beforehand. If you do not do so we may take back the Vehicle wherever it may be at your expense.
(2) If you fail to return the Vehicle to the Renting Location you will pay the cost of collection and full rental charges to the time of return to the Renting Location.
(3) If the Vehicle is returned in a dirty state and needs more than our standard valeting then you will pay the extra cost involved.
(4) Your responsibility for the Vehicle continues until the keys have been handed to one of our office employees.
(5) If the Vehicle is not returned on time we will report to the police that it is no longer in your possession with our consent nor covered by insurance.
7 INSURANCE AND WAIVERS
Renters Own Insurance
(1) If we agree and you sign the box marked “OWN INSURANCE” on the Rental Agreement Form you will arrange your own insurance of the vehicle. This must be with insurers approved by us on a comprehensive basis without excess,
(2) In the event of loss of the Vehicle or damage to it you will allow us to make a claim on the insurance in your name. We shall use the proceeds of the claim to satisfy your obligations.
(3) If the Vehicle is damaged, stolen or lost we reserve the right to claim full rental charges applicable to the Vehicle until the repairs have been completed or settlement is received in the event of the Vehicle being beyond economic repair.
(4) If you accept the Lessor’s insurance by completing the box marked INSURANCE PROPOSAL on the Rental Agreement Form your liability and that of the Driver, in respect of any such damage to the Vehicle or to any third party vehicle or property, will be limited to the amount shown as the damage/theft excess shown on the Rental Agreement Form. This will apply to each and every claim.
(5) The Vehicle may only be driven by Drivers authorised by us and that person has completed and signed an insurance proposal and we have accepted it.
(6) Please note that the Lessor’s insurance will not relieve you of your liability in respect of damage to the Vehicle or to Third Party claims
(a) If either the Vehicle or third party property is damaged by the vehicle or it’s contents striking an overhead obstruction.
(b) If you or any authorised driver were driving dangerously or using the Vehicle whilst unfit through drink or drugs or with blood alcohol level in excess of that permitted by law.
(c) If the damage arose as a result of your failure to comply with any of your responsibilities under clause 5 of the Agreement.
(7) In addition to your other obligations you must comply with the provisions of the relevant Insurance Policies or Waivers of your own insurance policy if you arrange your own insurance.
(8) Also you may not use the Vehicle for any purpose or in any circumstances prohibited by this Agreement. If you do, you will not be covered by the relevant Insurance Policy or Waiver.
(9) You must not do anything else or allow anything else to be done which could lead to any relevant Policy being made void.
8 WHAT YOU MUST DO IF THE VEHICLE IS STOLEN OR INVOLVED IN AN ACCIDENT
If the Vehicle or insured contents are stolen or unlawfully taken or involved in any accident you must:
(1) give us and the insurers full details at once and then confirm that notification in writing within 24 hours. (If you are injured and prevented from reporting the accident in this way, you must do so within a reasonable time);
(2) ensure that the Driver completes and delivers to us an accident report form for delivery to the insurers within 7 days of the accident;
(3) make no admission of liability to anybody;
(4) obtain names and addresses of all witnesses and give them to us;
(5) inform the Police of any theft or unlawful taking;
(6) send to us at once any letters from any third party and any writ, summons or other document relating to court proceedings;
(7) help us and the insurers in dealing with court proceedings. This includes allowing legal actions to be taken in your name and defending any proceedings taken against you.
(1) We will require you to pay a deposit before taking the Vehicle. We may use that deposit later to settle any sum due from you.
(2) At the end of the rental you will pay us the total rental and other sums including Insurance Premiums as due.
(a) the charges will be calculated in accordance with our standard rates, or as agreed in writing, before you take the Vehicle.
(b) VAT and Insurance Premium Tax (if you take out insurance through us) will be charged at rates applicable at the start of the rental period;
(c) Rental charges based on mileage will be based on the mileometer fitted to the Vehicle. It will be read and recorded at the beginning and end of the rental period. If we think there has been a malfunction we may make a reasonable estimate of mileage;
(3) You will remain responsible for the sum shown as due on the Rental Agreement Form until it is paid by any third party who may have agreed to make payment.
(4) If the Hirer’s name on the Rental Agreement Form has been incorrectly given the person signing the Rental Agreement Form will be treated as the Hirer and will be liable as such under the Agreement.
(5) You authorise us to process all amounts due to use under the Agreement on your supplied credit/debit card (including re-fuelling charges and any other sum which you may be liable to pay to us under the Agreement).
(6) You will be liable for payment in respect of uncleared cheque charges made by the Bank as well as an administration charge which will be a minimum of £25.00.
10 RE-FUELLING CHARGES
You must return the Vehicle with no less fuel than when the rental period began. A charge will be made for the amount required to top-up fuel to the amount when the rental period began plus a re-fuelling service charge.
No credit will be given on unused fuel or fuel in excess of that provided by us at the start of the rental period.
11 YOUR LIABILITY FOR ROAD TRAFFIC AND PARKING OFFENCES AND CHARGES.
You will be liable as if you were the owner of the Vehicle for:-
(1) any fixed penalty offence committed in respect of the Vehicle under the Traffic Acts during the rental period; and
(2) any excess parking charge incurred in respect of the Vehicle during that period by virtue of an order under section 45 or 46 of the Road Traffic regulation Act 1984; and
(3) any penalty in respect of incorrect or non-payment of Congestion Charges where applied.
(1) In this Agreement:-
“You” are the Hirer named on the Rental Agreement Form. If you and the Driver are not the same person then:-
(a) you remain responsible for any breach of the Agreement by the Driver;
(b) The Driver is also responsible for complying with this Agreement as if he/she were you;
“Driver” is the person whose name appears on the Rental Agreement Form as the Driver. Only the Driver may drive the Vehicle unless we agree to Additional Drivers and such persons complete the necessary insurance proposal forms and sign the appropriate declarations and the Rental Agreement Form.
“The Traffic Acts” has the same meaning as in the Road Traffic Act 1988;
“The Vehicle” is the Vehicle described in the Rental Agreement Form. It includes any replacement and all the equipment, accessories, tools and documents and the spare tyre;
“We, Us, Lessor” are the Limited Companies trading as “Yes” Car Rental Ltd and “Yes” Van Rental Ltd.
(2) References in this Agreement to Statutes (however described) are references to those Statutes as amended and includes reference to those as extended or applied, by or under any other enactments, including any other provision of the Statutes.
(3) The laws of the country where this Agreement is signed by you apply to this Agreement. Any court proceedings in relation to it shall be conducted in that country.