YOUR CONTRACT WITH US
When you sign the rental agreement you accept the conditions set out in this rental agreement. Please read this agreement carefully. If there is anything you do not understand, ask a member of staff to explain it.
You will have the vehicle for the period shown in the agreement. We may agree to extend this rental period, but the total rental will not be for more than 30 days.
If you do not bring back the vehicle on time, you will be breaking the terms of this agreement. We can charge you for every day or part day you have the vehicle after you should have returned it to us. We will charge you a daily or hourly rate (which will be shown at the place you have rented the vehicle from) until we get our vehicle back.
If you break our agreement, we can ask you to bring back the vehicle before the date we have agree with you. To do this we will give you written notice in person or send it to the address you have given on the rental agreement. Once we have given you the notice in person, you will no longer have our permission to have the vehicle. If we send you a notice in the post, one day after we have posted it you will no longer have our permission to have the vehicle. If we believe you have given us false information, we may take back the vehicle without giving you any notice.
- You must inspect the vehicle and any accessories we provide before you take the vehicle. If you are not satisfied with the vehicle or you do not think the condition of the vehicle meets our pre-rental inspection report, you should let us know.
- You must look after the vehicle, any accessories and the keys or other locking device for the vehicle. You must always lock the vehicle when you are not using it, and use any security device which is fitted or which we supply. You must always protect the vehicle against weather conditions which could cause damage. You must make sure that you use the correct type of fuel and fluids in the vehicle.
- You are responsible for any damage to the vehicle, including damage caused by hitting low-level objects such as bridges or low hanging tree branches. You will have to pay our reasonable costs for bringing the vehicle back to the condition stated in the pre-rental inspection report. This could include the cost of any damage inside and outside the vehicle, cleaning costs if the vehicle is very dirty, and replacing any items or accessories.
- You must not sell, rent or dispose of the vehicle or any of its parts. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership
- You must not let anyone work on the vehicle without our permission. If we do give our permission, we will only give you a refund if you have a receipt for work we have given you permission for.
- You must let us know as soon as you become aware of a fault with the vehicle or if the vehicle is stolen or involved in an accident.
- If we have agreed to drop off the vehicle at an address you give us, you will be responsible for the vehicle from the time we drop it off.
- Unless we have agreed to collect the vehicle from you, you must return the vehicle to the location or rental branch we agreed. You must return it during opening hours or at a time we tell you. When you return the vehicle, our staff must check its condition. If we have agreed to allow you to return the vehicle outside of our opening hours, you will stay responsible for the vehicle and its condition until our staff can check its condition.
- You must not carry any object or substance which, because of its condition or smell, may harm the vehicle or delay us in renting or selling it.
- Smoking is strictly prohibited in all vehicles at all times.
- We will identify and tell you about any existing damage to the vehicle before you sign the rental agreement.
- We have maintained the vehicle to at least the manufacturer’s recommended standard. The vehicle is roadworthy and suitable for you to use at the start of the rental period.
- We are responsible if someone is injured or dies as a result of our act or omission, or our negligence or our breach of contract. If you are a consumer, we are responsible for losses you suffer as a result of us breaking this contract, if the losses are a foreseeable consequence of us breaking the contract. Losses are foreseeable where they could contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
We are only responsible for loss or damage to property in the vehicle if the loss or damage is a result of our neglect or if we have broken the conditions of our agreement. You are responsible for removing your personal belongings from the vehicle at the end of the rental period, as we are not responsible for any items you leave in the vehicle. If you do leave items in the vehicle, we may agree to keep them for you to collect within a reasonable time. We may charge you reasonable costs for storing the items.
CONDITIONS FOR USING THE VEHICLE
- Only you, any driver named on the rental agreement, and anyone we have given written permission to, can drive the vehicle. Anyone driving the vehicle must have a full driving licence which is valid in the European Economic Area for the type of vehicle you are renting.
- You must not rent the vehicle to anyone else. You must also not use the vehicle or let someone else use it.
- For any illegal purposes or in a way which would cause nuisance.
- To carry passengers for a fee (except for minibuses which you have a valid operator’s licence for).
- For driving lessons.
- To tow or push any vehicle, trailer or any other object, without our written permission.
- For racing, pace making, or to test the vehicles reliability or speed.
- Off roads or on roads unsuitable for the vehicle.
- If the driver has been drinking alcohol or taking drugs.
- Outside the United Kingdom.
- If it is loaded beyond the manufacturers maximum weight recommendations.
- To carry unsecured loads.
- To carry more passengers than the vehicle was manufactured to legally carry; or
- If the driver does not have a valid operator’s licence (if it is a goods vehicle or a minibus).
We work out our charges using our current price list. You will be responsible for paying the following charges.
- The rental and any other charges we work out according to this agreement.
- Any charge for loss or damage resulting from you not keeping to your responsibilities, as set out in section 3.
- A refuelling charge if you return the vehicle with any less fuel than we supplied you with originally (all vehicles are supplied full of fuel at the start of the rental). Our price per litre for fuel is displayed at the branch you rented the vehicle from.
- All charges and legal costs for any congestion charge, road traffic offence or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.
- The reasonable cost for repairing any damage to the vehicle which was not noted at the start of the agreement, whether you were at fault or not (depending on section 4). You will also be responsible for paying the reasonable cost of replacing the vehicle if it is stolen or written off, depending on any insurance you have (as set out in section 8), if and when we demand this payment.
- A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, if it is a write-off (if it cannot be repaired), or if it has been stolen and we are waiting to receive full payment for the vehicle’s value.
- Any recovery charges arising from the Driver and Vehicle Standards Agency (DVSA), HM Revenue and Customs, the police, or any other public organisation (or their agent) who has seized the vehicle. You will also have to pay us a loss-of-income charge while we cannot rent out the vehicle.
- Any published rates for delivering and collecting the vehicle, a charge for an extra driver or returning the vehicle late, and charges for accessories such as child car seats, satellite navigation systems and other similar items.
- Interest, which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate as published by Barclays Bank. We will publish this rate from time to time.
- Value added tax and all other taxes on any charges listed above, as appropriate.
- A pre-legal charge of £50.00 if our Solicitors or Top Service have to write to you for any breach of your payment obligations.
- In the event of legal action against you for any breach of your payment obligations, the charges under condition 7k will not apply and we will then charge you all costs allowed by the court, where an award is made in our favour.
MOTOR INSURANCE AND DAMAGE POLICY
If we arrange separate motor insurance cover, we will give you information on the motor insurance cover and any restrictions that may apply.
- We have a legal responsibility to have third –party motor insurance. This provides cover for claims if you injure or kill anybody, or damage their property. Cover for damage to property is limited to £1 million.
- All vehicles are insured for Comp Risk in accordance to Winner Group insurance policy. In the event of accidental damage to our insured vehicle you are responsible for the first £350.00 of repairs.
- All vehicles are insured for Comp Risk in accordance to Winner Group insurance policy.
- In the event of theft of our insured vehicle you are responsible for the first £350.00 of the loss.
YOUR OWN INSURANCE
If we fill in the appropriate box of the rental agreement, you may arrange your own motor insurance to cover your legal responsibility for any loss, or if the vehicle is stolen or damaged, for the full period you are renting the vehicle for. You must prove that this motor insurance is valid and sign the confirmation on the rental agreement.
We have the right to agree:
- The amount of cover you arrange.
- The type of policy you choose; and
- The insurer you choose.
We must be satisfied with the insurance cover and policy conditions, and you must not change them. We may ask your insurers to record our name as the owner of the vehicle. If the vehicle is damaged or stolen we will negotiate any settlement for loss or damage with your insurers, and we will receive any money they pay out. This includes allowing us to take legal action in your name and defending any proceedings taken against you. You are responsible for paying the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or someone else makes a claim.
WHAT TO DO IF YOU HAVE AN ACCIDENT OR THE VEHICLE IS STOLEN
If you are involved in an accident, you must not admit that you are responsible. You should describe the situation as fully as possible when you are asked to do so by the police and us. You should get the names and addresses of everyone involved, including eyewitnesses.
You should also:
- Make sure the vehicle is secure.
- Tell the police straight away if anyone is injured or if there is a disagreement over who is responsible; and
- Contact us straight away.
You must then fill in our accident report form and send it to our address, shown on the rental agreement. If the vehicle has been stolen, you must tell us as soon as possible and confirm this in writing as soon as is reasonably possible.
You or any authorised drivers will also need to:
- Get names and addresses of any witnesses and give them to us.
- Send us any notices or other documents relating to any legal proceedings arising out of the theft or loss.
- Help us and our insurers in any legal proceedings, including allowing us to take legal action in your name and defending any legal action taken against you; and
- Give us back all keys and report the theft or loss to the police as soon as reasonably possible.
By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement. We will use your information to analyse statistics, for market research, credit control and to protect our assets.
You agree that if you break the terms of this agreement we can pass your personal information to credit reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect its assets, as allowed under the Data Protection Act 1998.
ENDING THIS AGREEMENT
We will end this agreement if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet its main conditions.
If you are a company, we will end this agreement if:
- You go into liquidation;
- You call a creditors meeting;
- We find out that your goods have been taken away from you until you pay off your debts; or
- You do not meet any of the conditions of this agreement.
- If we end this agreement it will not affect our right to receive any amount you owe us under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main conditions of this agreement. We can repossess the vehicle and charge you a reasonable amount for doing so.
This contract is governed by the laws of the country in which it is signed. Any dispute may be settled in the courts of that country.
CONTRACTS (RIGHTS OF THIRD PARTIES) 1999
Any person who is not party to this contract cannot enforce any of our responsibilities under this contract.