If any persons wishing to drive has had an insurance proposal declined, a policy cancelled, renewal refused or been required to pay an increased premium or had special conditions imposed by any motor insurer, then this must be declared at the time of booking as it may affect the ability of First Self Drive to provide insurance cover.
The Owner agrees to let and the Renter agrees to take on hire the Vehicle upon and subject to the terms and conditions contained herein and on the rental agreement. The hiring shall commence on the Date and Time Out and subject to Condition 10 below shall continue up until Due Back.
2. EXTENSION OF HIRE PERIOD
The Renter may with the agreement of the Owner extend the period of hire by paying the Additional Funds. Any such extension shall commence on the Due Back or, in the case of a second or further extension, the expiration of the preceding extension, and shall expire on the stated date and time.
3. WARRANTY BY RENTER
The Renter hereby warrants to the Owner (a) the accuracy of the information supplied to the Owner (i) by the Renter and set out on the rental agreement and (ii) by any person who the Renter requests the Owner to approve as a driver of the Vehicle; and (b) that, in the case of a Business Rental, this Agreement is entered into by the Renter for and on behalf of the proprietor of that business.
(a) By way of deposit the Renter shall pay to the Owner the Total of deposits on or before the Date and Time Out which may be applied at any time by the Owner in payment to itself of any sums due from the Renter hereunder;
(b) By way of rent for the hire of the Vehicle the Renter shall pay to the Owner the Total Rental together with the full amount of the other items making up the Amount Due upon the termination of the hiring hereunder. The forwarding of any account to a third party for payment shall not operate to prejudice the right of the Owner to demand payment from the Renter at any time. In the case of a Business Rental the Renter shall be jointly and severally liable hereunder with the proprietor(s) of the business;
(c) All payments under this Agreement shall bear value added tax at the rate appropriate on their respective due dates and be in addition thereto;
(d) Where the Total Rental includes a charge for the mileage driven by the Vehicle during the period of hire this shall be calculated by reference to the mileometer fitted thereto and be conclusive evidence thereof. If in the opinion of the Owner there has been a malfunction of the mileometer the Owner may for the purpose aforesaid make an estimate of such mileage which shall be binding upon the Renter.
5. ACCEPTANCE OF THE VEHICLE
The Renter’s acceptance of the Vehicle at the Date and Time Out shall be conclusive evidence that the Renter has first examined the Vehicle and found it to be complete, in good order and condition and fit for the purpose for which it is required.
6. WARRANTIES AND INDEMNITIES
(a) The Owner warrants to the Renter that at the commencement of the period of hire the Vehicle has been maintained in accordance with the manufacturer’s recommendations and, where the purpose is one appropriate to the Vehicle, it is fit for the purpose of the hiring. Save where statute prevents the same, or in respect of a breach of the foregoing warranty, the Renter hereby waives any claim he may at any time in the future have against the Owner arising out of or in relation to this Agreement. The Renter warrants to the Owner that he has not relied on any other warranty in relation to the Vehicle made to him by the Owner, an employee thereof or any other person.
(b) Save as provided in 6(a) above, the Renter shall be solely responsible for and hold the Owner fully indemnified against any loss, damage or injury (including death) to persons (other than the Renter) or property occurring in connection with the Vehicle or as a result of the use thereof and against any breach of its obligations under Condition 7 below. The liability of the renter is not satisfied by paying any excess indicated in the agreement.
(c) Save in respect of any wilful act or omission of the Owner and as provided by statute, the Owner shall not be liable for any losses, liabilities, costs, actions, claims or demands which the Renter may incur or have made against him arising out of or in respect of: (i) the breakdown of or any other defect in the Vehicle; (ii) the Renter or any other person carrying or placing for safe keeping any property in or on the Vehicle.
7. OBLIGATIONS OF THE RENTER
The Renter shall during the continuance of this Agreement:
(a) be fully responsible as between the Renter and the Owner for any loss thereof or damage to the Vehicle howsoever occasioned, including puncture and windscreen damage, fair wear and tear only excepted. The Renter shall give immediate notice to the Owner by calling 01603 624 275 and subsequently confirm by email to email@example.com within twenty four hours of any loss or damage to the Vehicle or any breakdown, malfunction or other failure thereof and the obligations of the Renter hereunder shall not be prejudiced by the existence of any policy of insurance in respect thereof. In the event of damage to or a breakdown of the Vehicle the Renter shall not continue to use the same if to do so would or might cause further damage thereto;
(b) procure that without the written consent on the Owner the Vehicle is not taken outside England, Scotland or Wales, or where the address of the Owner stated within the rental agreement is in Northern Ireland, is not taken outside that country and upon request at any time or times inform the Owner of its whereabouts and/or submit the Vehicle for maintenance, inspection and testing;
(c) on demand, keep the Owner fully indemnified against all losses, liabilities, costs, actions, claims or demands including, without prejudice to the generality of the foregoing, any fines or penalties or parking fines or congestion charges (or any other analogues penalty) imposed in respect of the Vehicle or its use;
(d) not sell, assign, let or hire or otherwise dispose of the Vehicle or attempt to do any of these things;
(e) not remove or change any name or other mark identifying the ownership of the Vehicle, not use or allow the Vehicle to be used for any purpose for which it is not designed or suitable including but without prejudice to the generality of the foregoing:
(i) not carry passengers either for whom there is not a fixed seat with seat belt nor for hire or reward;
(ii) in the case of a commercial vehicle, not carry a load which causes any applicable restriction to be exceeded nor which is not properly secured nor carry any hazardous substance;
(iii) save where the Vehicle is specially designed or adapted therefor, use the same for towing or similar purposes;
(iv) not use the Vehicle for road or other racing purposes including track days, pacemaking, reliability or other trials, competitions of any sort, rallies, driving tuition or any other hazardous or unusual purpose;
(f) procure that:
(i) save where the Owner has given its prior written approval, no person other than the Renter drives the Vehicle;
(ii) the Vehicle is kept locked when not in use and adequately protected against damage due to adverse weather conditions;
(iii) at all times the engine sump, gearbox and differential of the Vehicle are all correctly filled with suitable lubricants and the tyres are kept properly inflated, the battery is kept topped up with distilled water, the radiator (where appropriate) is adequately filled with water and in all other respects proper care is taken of the Vehicle; and that the vehicle complies fully with all applicable laws and regulations.
(iv) no person without the prior authorisation of the Owner carries out any work upon or otherwise interferes with the Vehicle or any part thereof except if it breaks down and the prior authorisation of the Owner cannot be obtained and the total cost of the repair is properly estimated by the repairer not to exceed £25;
(v) save, as aforesaid, neither the Renter nor any driver of the Vehicle holds himself out as or purports to act as the agent of the Owner for any purpose whatsoever;
(vi) That the vehicle is not driven at all once the renter is, or ought to be aware that the vehicle is faulty, e.g. because of a warning light. (vii) Where the vehicle is on long term hire notify the owner immediately if the vehicle is at any time not fully compliant with the law e.g. because of such items as tyres with insufficient tread.
(g) not contravene the provisions of any statute, statutory instrument or regulation relating either to the Vehicle or its use and procure that no driver of the Vehicle shall do so;
(h) ensure that any driver of the Vehicle has held a full driving licence for not less than twenty four months and that without the prior written consent of the Owner no driver of the Vehicle is under the age of 23 or over the age of 70 nor has a conviction recorded in his driving licence which has not first been disclosed to the Owner by production thereof or by notice in writing giving full particulars thereof;
(i) observe and perform the terms and conditions of all policies or contracts of insurance relating to the Vehicle or its use.
8. VEHICLE INSURANCE
(a) Save where Condition 8(b) below applies and subject to the Renter’s proposal for insurance being accepted by the Owner on behalf of the insurers, the Renter is insured upon and subject to the terms and conditions of the policy of insurance held by the Owner in respect of the Vehicle and its use against liabilities to third parties including to passengers who are non-fare paying and for whom there are permanently fixed seats. A copy of the policy shall be kept available for inspection by the Renter at the premises of the Owner specified within the rental agreement. In respect of each and every incident resulting in damage to or loss of the Vehicle the Renter shall forthwith upon demand pay to the Owner the appropriate published excess on such insurance or such other sum specified within the rental agreement towards or in settlement of the cost of making good any such damage or loss on a full indemnity basis and the cost and expenses incurred by the Owner in proceeding to recover the same from the third party. In the event of the Owner recovering from the third party any part of the amount of such cost and provided the Renter shall fully have performed its obligations hereunder the Owner shall repay to the Renter the like part of such excess. The Renter by signing the damage liability box on the rental agreement thereby agrees to pay the owner the amount specified in the box upon said agreement which is entitled excess (excess due includes any damage to the windscreen). The renter is however liable by signing this agreement to the total repair costs in the event that a vehicle which is a commercial vehicle is damaged by striking an overhead obstruction.
(b) In any case where either the Renter so elects by signing the relevant box within the rental agreemet or the gross weight of the Vehicle exceeds 20 tons, the Renter shall keep the Vehicle insured with insurers approved of by the Owner on a comprehensive basis and without an excess which has not been agreed in writing by the Owner to the full replacement value of the Vehicle against loss or damage by accident, fire and theft and against third party and passenger liabilities and, in the case of the loss of or damage to the Vehicle, the Renter shall permit the Owner to make a claim thereunder in the name of the Renter and in such case the Owner shall hold the proceeds of any claim upon trust to apply the same in satisfaction of the obligations of the Renter under Condition 7(a) hereof.
(c) Without prejudice to the provisions of Condition 7 the Renter shall procure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance (whether effected by the Owner or the Renter) nor do or allow to be done any act or thing whereby any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance.
(d) The Renter shall in the event of the Vehicle being involved in any accident procure that: (i) the Owner and, where Condition 8(b) applies, the Renter’s insurers are forthwith notified thereof and that such notice is confirmed by email and in writing by first class pre-paid post posted within 24 hours of such accident; (ii) the driver of the Vehicle completes and delivers to the Owner for transmission to the insurers the relevant accident report form; (iii) no admission of liability is made to any person in relation to such accident; (iv) the names and addresses of all witnesses thereto are taken and given to the Owner; (v) any writ of summons, summons or other document relating to any proceeding arising out of such accident is forthwith delivered to the Owner at the address stated upon the rental agreement; (vi) all assistance is rendered to the Owner and its insurers in relation to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner in the name of the Renter. (e) The Renter shall forthwith upon demand fully and effectually indemnify the Owner against all losses, liabilities, costs, actions, claims or demands which it may incur or have brought or made against it in relation to the Vehicle or its use and which are not recoverable under a policy of insurance whether the same is effected by the Owner or Renter.
9. PERSONAL ACCIDENT, PERSONAL EFFECTS INSURANCE OR GOODS IN TRANSIT INSURANCE
Where the Renter has so elected by signing the relevant box on the rental agreement and paid the appropriate premium(s) the Owner shall effect on behalf of the Renter Personal Accident, Personal Effects Insurance or Goods in Transit Insurance for the amount stated within said agreement upon and subject to the terms and conditions of the Master Policy granting the same copies whereof may be obtained from the owner.
In the event of the Renter before the Due Back committing any breach of the Agreement the Owner may (but without prejudice to any other rights hereunder) forthwith by notice via email or in writing sent by first class pre-paid letter to the Renter at his address stated upon the rental agreement, terminate this Agreement whereupon the Renter shall no longer be in possession of the Vehicle together with any documents relating thereto with the Owner’s consent. If so sent the notice shall be deemed to be served on the day following the date of posting or dispatch as the case may be and in proving service it shall be sufficient to show that the letter or email was properly addressed and posted as aforesaid or delivered to a post office for dispatch as the case may be. Notwithstanding any other terms herewith this Rental Agreement may be terminated by either party on giving 30 days notice in writing to the other party.
11. RETURN OF VEHICLE
The Renter shall at its own expense and risk return the Vehicle together with the insurance certificate and any other documents of the Owner to the address for their return stated upon the rental agreement on or before the Due Back date or forthwith in the event of the prior termination of this Agreement howsoever occasioned. Without prejudice to any other rights of the Owner hereunder the Owner may at any time after termination of this Agreement without notice retake possession of the Vehicle and such documents as aforesaid and for such purpose enter upon any premises belonging to or in the occupation or control of the Renter and the Renter shall upon demand fully and effectually indemnify the Owner against all losses, liabilities, costs, actions, claims or demands which it may incur or have made against it arising out of or in relation to such retaking of possession.
12. STATEMENT OF LIABILITY
The Renter hereby acknowledges that during the currency of this Agreement and for the purposes of sections 1-5 of and Schedule 1 to the Road Traffic Act 1974, the Renter shall be liable as the owner of the Vehicle in respect of:
(a) any of the following offences which may be committed with respect to the Vehicle when it is stationary and when a fixed penalty notice is issued; being on a road during the hours of darkness without the lights or reflectors required by law; waiting, or being left or parked, or being loaded or unloaded, in a road; being used or kept on a public road without the vehicle licence being exhibited on the Vehicle in the prescribed manner; and the non-payment of the charge made at a street parking place; and
(b) any excess charge which may be incurred in pursuance of an order under sections 35 and 36 of the Road Traffic Regulation Act 1967 (provision on highways of parking places where charges are made). The Renter further acknowledges that this liability shall extend to all applicable administration charges related to the above and any period by which the original period of hiring may be extended.
(a) Where the context so admits all words and expressions used in these terms and conditions with capital initial letters shall bear the meanings indicated within the rental agreement.
(b) In these terms and conditions the word ‘Vehicle’ shall in addition mean any replacement thereof and shall include all equipment, accessories, tools and spare tyre relating to the same and the singular shall, where appropriate, include the plural and vice-versa.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the country where it is executed by the Renter.