Terms

Hirer will, upon signature of this Agreement, pay Lessor a deposit in the amount specified which will be refunded to Hirer upon termination of this Agreement provided that Lessor will be entitled to retain the deposit (or such part thereof as Lessor reasonably considers necessary) and to apply the same towards the cost of repair of any damage to Vehicle which is not covered by Lessors hire vehicle insurance policy, or is excluded from the Collision Damage Waiver Scheme as shown in (6) Any part of the deposit retained by Lessor under this clause in excess of the cost of repair will be refunded to Hirer as soon as possible after completion of the repair.

Hirer will return Vehicle, together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear and tear excepted, to the place and on the date and time specified, or sooner if demanded by Lessor (such demand not to be made by Lessor without reasonable cause).

Hirer will:

1. Operate Vehicle in a reasonable and responsible manner;
2. Ensure lubricants, water, antifreeze, tyre pressure, wheel nuts, are checked daily and maintained to manufacturer’s requirements;
3. Ensure Vehicle is locked with keys removed and left secured and safe when not in use. Hirer will be liable to pay a £3,000.00 excess for any vehicle that is stolen when keys have been left in the hired vehicle while unattended.
4. Allow Lessor to repossess or repair Vehicle if Lessor so requires with reasonable cause;
5. Where required, use tachograph disc and be responsible for ensuring that all necessary licences (where applicable and without limiting the foregoing) operator’s licence) have been suitably endorsed and that all legal requirements are met.

Vehicle will not be used:

1. For the carriage of passengers for hire or reward;
2. Knowingly for any unlawful purposes;
3. To propel or tow any other vehicle or trailer without prior permission of the Lessor;
4. For racing, pace-making, reliability trials, speed testing or driving tuition;
5. To carry a number of passengers and/or baggage and/or goods which would cause the vehicle to be overloaded;
6. By any person other than Hirer who signed this Agreement or who has been nominated as a driver by Hirer and approved by Lessor;
7. By any person not holding a valid current full driving licence relating to the type of vehicle to be hired, or by a person outside the age restrictions referred to in Lessor’s insurance policy;
8. Outside England, Scotland and Wales without the prior written consent of Lessor.

Hirer expressly acknowledges personal liability to pay Lessor on demand:

1. A mileage charge computed at the rates specified for the mileage covered by Vehicle from the commencement of the rental until Vehicle is returned (the number of miles over which Vehicle shall be operated under this Agreement shall be determined by reading the speedometer installed by the manufacturer; if speedometer fails; the mileage charge shall be made in accordance with the road map distance of the journey travelled);
2. Time, collision damage waiver and miscellaneous charges at the rates specified or referred to in this Agreement;
3. All fines and court costs for parking, traffic or other offences incurred in relation to Vehicle by Hirer or Lessor from the commencement of this Agreement until Vehicle is returned except where caused through fault of Lessor;
4. Lessor’s costs to repair collision or other damage to Vehicle provided, however, if Vehicle is operated in accordance with all the terms hereof, and Collision Damage Waiver is purchased. Hirer’s liability for such damage shall be restricted to the sum of £200.00 on all groups for each and any instance of damage prevailing upon return of the vehicle, and not agreed by each party as present at commencement of hire. The £200.00 limit is not applicable when charging for items excluded from the Collision Damage Waiver Scheme as referred to in (6);
5. Any Value Added Tax or local or other taxes payable in respect of any of the above.

Collision. Damage Waiver does not cover loss or damage to Tyres, Wheel Rims, Fuel Caps, Keys, Audio Equipment, Window Glass, Aerial, Tools and Accessories, Interior Trim, Burned Seats, Overhead Damage to commercial vehicles, damage caused by insecure load, or any damage consequential to the aforementioned, however caused.

In the event of overhead damage caused to commercial vehicles, Whitgift Hire shall be entitled to commence repairs immediately, and also levy a loss-of-use charge to the Hirer, for the period that repairs are undertaken. This applies to Hires covered by either customer’s own Insurance or Whitgift Hire Insurance.

Where Lessor has agreed to give a credit facility to Hirer, Hirer will pay all invoices no later than the twentieth day of the month next following the month of invoice. If hirer fails to pay any sum due from him under this clause on the due day for payment, Hirer shall pay interest on that sum from the due date until payment in full at the rate of one per cent per annum above the base rate for the time being of Royal Bank of Scotland plc

Hirer shall at the request and cost of Lessor do and concur in doing and permit to be done in his name or by his appointed agents all such acts and things as may be necessary or reasonably required by Lessor for the purpose of enforcing any right or remedies or of obtaining or indemnify from other parties in respect of any loss or damage to or in connection with Vehicle during the period of time between renting of Vehicle and its return by Hirer to Lessor and Lessor shall account to Hirer for any sums recovered by Lessor and due to Hirer from such other parties under the clause after settling of any outstanding liability of Hirer to Lessor.

Hirer must inform Lessor within 48 hours, excluding public holidays, of any loss of, or damage occurring to Vehicle and of any fault or defect, reasonably requiring repair, developing therein and must not in the case of damage or fault which makes Vehicle unroadworthy or liable to cause danger to any person or property use Vehicle until such damage or fault has been repaired or corrected. Hirer shall not undertake any repair or correction to Vehicle in excess of £25 without the prior written consent of Lessor.

Lessor shall not be liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon Vehicle either before or after the return thereof to Lessor. Hirer hereby agrees to hold Lessor harmless from, and indemnify Lessor against, all claims based upon or arising out of such loss or damage unless caused by the negligence of Lessor.

Hirer shall not sell or offer for sale, assign, mortgage or pledge Vehicle or the tools or equipment or any parts thereof or otherwise deal with the same in any manner inconsistent with the Lessor’s ownership. Hirer will not allow any lien upon Vehicle tools or equipment to come into existence except as concerns authorised repairs or emergency subsequently authorised to Vehicle. The Agreement shall determine forthwith if a receiving order is made against Hirer (or, being a Company, Hirer goes into liquidation, whether voluntarily or compulsorily) or if Hirer calls meeting of his creditors or if any distress or execution is levied against any of his goods, or if Hirer shall not perform or observe all the stipulations herein contained on the part of Hirer to be performed or observed, but such determination shall not affect any then existing rights of Lessor’s whether for damage or otherwise. In any of such events Hirer shall forthwith return Vehicle to Lessor, failing which Lessor shall be at liberty to retake possession of Vehicle and all costs and expenses incidental to recovery of Vehicle incurred by Lessor shall be repaid to Lessor by Hirer on demand.

Except where Hirer has elected to insure Vehicle as evidenced by his signature in the relevant Box, Hirer participates scan insured under Lessor’s hire vehicle insurance policy and agrees to observe the items and conditions thereof. A synopsis of the terms and conditions of such insurance policy is available for inspection at the rental location and a copy of the policy may be inspected on request at the head office of Lessor. Said policy contains unlimited over against public liability for bodily injury, and unlimited liability to passengers but liability for damage to third party property is limited to 25,000,000.00.

Hirer further agrees to protect the interest of Lessor and Lessor’s insurance company in case of accident during the term of this rental by:

1. Making every endeavour to obtain names and addresses of parties involved and of witnesses;
2. Not admitting liability or guilt;
3. Not abandoning Vehicle without adequate provisions for safeguarding and securing same;
4. Calling nearest office of Lessor by telephone even in the case of slight damage; further giving a detailed report including diagram to Lessor;
5. Notifying the police immediately if another party’s guilt has to be ascertained or if people are injured.

Where Hirer has elected to insure Vehicle as evidenced by his signature in the relevant Box, Hirer shall maintain a comprehensive motor policy and shall upon demand from Lessor provide Lessor with an insurance cover note. Hirer’s insurance must provide cover for full replacement value of Vehicle plus windscreens and must indemnify Lessor against all claims and costs. Lessor will provide a repair estimate and shall be entitled to proceed with repairs to Vehicle after the expiry of 14 days from the date on which the repair estimate is supplied to Hirer’s insurance company. Hirer shall be responsible for the cost of said repairs if insurance company does not make payment within 28 days after completion of repairs. Hirer shall pay to Lessor a loss of due charge, based upon the average utilisation of that category of Vehicle at the current tariff rate at the time, from the date Vehicle is rendered unusable to the date Vehicle is repaired or, if Vehicle has to be replaced for any reason, until the date a replacement Vehicle is delivered to Lessor,

Lessor has maintained Vehicle to at least the manufacturer’s recommended standards and warrants that vehicle is roadworthy and suitable for the purpose of renting at the commencement of the rental. Lessor shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of this warranty. Nor shall Lessor be liable for any indirect or consequential loss or damage under this agreement.

Lessor has maintained Vehicle to at least the manufacturer’s recommended standards and warrants that vehicle is roadworthy and suitable for the purpose of renting at the commencement of the rental. Lessor shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of this warranty. Nor shall Lessor be liable for any indirect or consequential loss or damage under this agreement.

Any additions to or alterations of the terms and conditions of this Agreement shall be null and void unless agreed upon in writing by the parties.

Where the Hirer has elected at the termination of hire to leave the hired Vehicle at a location other than the Lessor’s own, or at a Whitgift Car & Truck Rental branch, outside that branch’s stated hours of business, Hirer will remain liable for the security and condition of the Vehicle until such time as the Vehicle is accepted into custody of the Lessor, or the Lessor’s appointed Agent or Representative, or until a date and time agreed in writing by both the Lessor and Hirer for the Lessor to receive the Vehicle into the Lessor custody has been exceeded.

These Terms & Conditions form part of the agreement.