Van Hire - Terms and Conditions
1. The Hirer shall be bound by the following Terms and Conditions which incorporate the details shown overleaf.
2. If the Hirer has indicated that he wishes the Lessor to provide insurance then the following provisions shall apply:
(a) This contract is subject to and is deemed to include the terms, conditions and limitations of the Lessor’s insurance policy, a copy of which may be inspected at the offices of the Lessor.
(b) Any vehicle hired under this agreement may only be driven by the Hirer or by the person signing the Agreement on behalf of the Hirer and by any additional authorised drivers who have had a completed Insurance Proposal Form accepted by the Lessor.
(c) The Hirer agrees to pay the insurance charges on the Lessor’s current tariff, plus the waiver charge for reducing or removing the insurance excess as initialled, and the excess as shown overleaf.
(d) Even though it may be covered by the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair of any damage that the vehicle may suffer as the result of the wilful action of the Hirer or any servant or agent of the Hirer.
3. If the Hirer has indicated overleaf that he wishes to provide his own insurance then the following provisions will apply:-
(a) The Hirer undertakes to insure the vehicle until it is returned to the Lessor in its full value against loss or damage (including windscreen damage) by accident, fire or theft under a comprehensive policy of insurance with an insurance office of repute to be approved by the Lessor. The Hirer shall at the Lessor’s request supply full details to the Lessor and shall instruct the insurers that the Lessor’s name shall be endorsed on the policy.
(b) The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy.
(c) The Hirer shall procure that any compensation under the said insurance is paid directly to the Lessor, and shall be liable to compensate the Lessor for any loss or damage suffered by the Lessor in excess of the monies (if any) paid to the Lessor by the Hirer’s insurers.
4. Where this agreement has been signed by a person on behalf of the Hirer, he warrants that he is authorised to sign for the Hirer, and is jointly and severally liable with the Hirer under this Agreement.
5. Neither the Hirer, nor any servant or agent of the Hirer, nor any authorised driver is or may hold himself to be, the servant or agent of the Lessor for any purpose whatsoever.
6. The total rental period under this agreement may not exceed three months.
7. The Lessor is not liable for loss of or damage to any property stored or transported in or on the vehicle, nor does the Lessor accept responsibility for any property left in or on the vehicle when it returns to the Lessor’s possession. The Hirer will indemnify the lessor against any claims relating to any such property.
8. The vehicle may not without prior consent of the Lessor be removed from the territory in which it was hired, the said territories being the mainland of England, Wales and Scotland.
9. The vehicle may not without prior written consent of the Lessor be used to propel or tow any other vehicle or any trailer.
10. The vehicle must not be driven in a manner that would render void the policy or other contract of insurance, or in contravention of any Road Traffic Act or Construction and Use Regulations, or by any person who is not licensed to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical or structural failure or damage, if further damage might thereby be caused.
11. It is a breach of the agreement for the Hirer to fail to return the vehicle to the Lessor at the end of the rental period, and the damages payable for such breach will be the rental charges that would be payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof.
12. The Hirer is not authorised to effect repairs to the vehicle costing more than £25 without the Lessor’s prior consent. Save to the extent that there may be an excess on the Lessor’s insurance that the Hirer is obliged to pay, the Lessor will refund to the Hirer the cost of necessary repairs not exceeding £25 (or more if the Lessor’s consent had been obtained) on production of a V.A.T receipt and any parts replaced.
13. If the Hirer commits any breach of the Agreement, the Lessor may treat the Agreement as terminated and take possession of the vehicle.
14. The Hirer shall be liable as owner of the vehicle in respect of:-
(a) Any fixed penalty offence committed in respect of that vehicle under part 111 of the Road Traffic Offenders Act 1988 as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland.
(b) Any excess charge which may be incurred in respect of the vehicle in pursuance of an Order under section 45 and 46 of the Road Traffic Regulation Act 1984, as amended, replaced or extended by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland.
(c) Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the vehicle having been parked or left upon land which is not a public road.
15. The Hirer is obliged:-
(a) to pay on the Lessor’s current tariff for rental and fuel, to pay for any accessories, tyres, windscreen, tools or equipment lost, stolen or damaged, to pay the Lessor’s costs of recovering the vehicle in the event that the Hirer fails to return it to the Lessor, to pay any penalties, fines or court costs incurred in the use of the vehicle before it is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor) and to pay V.A.T. where appropriate at the current rate;
(b) to ensure that correct tyre pressures, engine oil level, battery fluid level, screenwash levels, coolant levels and Automatic Transmission Oil level (where fitted) are maintained throughout the period of the rental;
(c) to ensure that the vehicle is always locked when unattended, and take all responsible steps to prevent loss of or damage to the vehicle, or its tyres, tools, accessories, equipment or contents;
(d) to inform the Lessor immediately if the vehicle suffers any damage or loss, develops any faults or requires any servicing, and permit the Lessor to carry out any essential repairs or servicing;
(e) to return the vehicle together with its accessories, tyres, tools and equipment to the Lessor at the price specified at or before the end of the rental period or on the earlier termination of this Agreement in the condition prevailing at the commencement of the rental (fair wear and tear excepted), clean and tidy (traffic grime excepted).
16. The Lessor is obliged:-
(a) to take all responsible steps to provide the Hirer with a well maintained vehicle;
(b) when informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly, if possible;
(c) if repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle or to allow the Hirer to terminate the hire.
17. Insurance Excess £750.00 or cost of repairs, whichever is the lesser.