TERMS AND CONDITIONS
In this Agreement the following terms shall have the meanings hereby assigned to them:
Accessories: The spare wheel, tools, roof rack and other items with which the vehicle is supplied and any replacements thereof.
Collision Damage Waiver: A fee calculated in accordance with the Lessor’s current tariff which relieves the Hirer of all liability to pay the excess amount. Personal accident (P.A.) Personal Effects (P.E.) Goods in Transit (G.LT)
Current Tariff: The Lessor’s tariff current at the commencement of hire.
Driver: The Hirer and/or other person named as such overleaf or any other person previously approved by the Lessor to drive the vehicle.
Excess Amount: The sum specified overleaf as the excess amount.
Hirer: The person named as such overleaf.
Insurance Fees: Fees which entitle the Hirer to the benefits of the cover set out in the master policies issued to the Lessor.
Lessor, Us or We means Minstergate Retail Limited, company number 004491353.
Rental Charges: The hire charges of the rental period calculated in accordance with the Lessor’s current tariff.
Rental Period: The period from the date and time out stated overleaf until the re-delivery of the vehicle into the physical custody of the Lessor.
1. The Insurance Policy
The Lessor’s policy of insurance on the vehicle a copy of which is available for inspection at the main office of the Lessor.
a) should the person signing this Agreement not be the Hirer, he or she warrants that they are authorized to sign for the Hirer and by doing so is jointly and severally liable with the Hirer under this Agreement.
b) the Hirer, his servant, driver or agent, will not pose as a servant or agent of the Lessor.
c) the Hirer or driver should be aware of the age stipulations under which this Agreement is made.
d) the period of rental covered by this contract should not exceed three months (90 days).
e) the Lessor is not liable in any circumstances for loss or damage to property carried on or in the vehicle, or for any property left in the vehicle on return. The Hirer will indemnify the Lessor against such claims.
f) without written consent from the Lessor, the Hirer may not remove the vehicle from the British Mainland or any British Isle from which hire began, and may not take the vehicle from Ulster to Southern Ireland.
g) without written consent the Lessor’s vehicle may not be used to propel or tow any other vehicles or trailer.
h) the Hirer will not use the vehicle in a manner that would render void the insurance policy under which the vehicle is operating or in contravention of any Road Traffic Act or Construction and Use Regulations, or by any person who is not of stipulated age and licensed to drive, or under the influence of alcohol or drugs, nor in the event of mechanical, electrical or structural failure or damage where further damage might thereby be caused.
i) in the event of the Hirer not returning the vehicle at the end of the rental period, this is deemed as a breach of this Agreement and damages would be payable at least equivalent to the rental charges for the period until the return or recovery of the vehicle.
j) the Hirer is not authorised to effect any necessary repairs to the vehicle above the value of £25.00 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 £25.00 (or more if the Lessor’s consent gained) on production of a bona fide V.A.T. receipt and replaced parts.
k) if the Hirer commits any breach of this Agreement the Lessor may treat the Agreement as terminated and take possession of the vehicle (or more if the Lessor’s prior written consent has been obtained).
l) The Hirer must keep the vehicle in their possession. The hirer may not sublet, lend or hire the vehicle.
m) The Hirer must not mortgage, pledge, loan, transfer or assign either the vehicle asset or this Agreement.
n) This Agreement and these Conditions shall be governed by and construed in accordance with English law, and is subject to the exclusive jurisdiction of the courts of England.
2. The Hirer Warrants:
a) to operate the vehicle such that the correct levels are maintained for engine oil, battery fluid, coolant, screen wash, and automatic transmission fluid (where applicable) and to check tyre inflation pressures throughout the period of hire.
b) to ensure the vehicle is secure when unattended taking all reasonable precautions to prevent loss or damage to the vehicle its tyres, tools, accessories, equipment or contents.
c) in the event of any damage, loss or fault development to inform the Lessor immediately and to permit The Lessor to carry out essential repairs. servicing or maintenance.
d) in the event of an accident the Hirer and/or Driver shall:
i) not admit liability or guilt.
ii) make every endeavour to obtain names and addresses of parties involved and of independent Witnesses.
iii) notify the police immediately if another party’s guilt has been ascertained or if people or animals are injured.
iv) not abandon the vehicle without adequate provisions for safe guarding and securing the same.
v) notify the Hirer immediately by telephone and in writing as soon as reasonably practical of the accident and agree to provide full details of the circumstances of the accident when reasonably required to do so by the Lessor and/or their insurers or agents.
e) to return the vehicle together with its accessories, tyres, tools and equipment to the Lessor at the place of the origin of hire (unless otherwise agreed overleaf) 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 renata (fair wear and tear accepted) clean and tidy (traffic grime accepted).
f) even though it may be the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair or replacement for any damage suffered by the vehicle as a result of wilful action of the Hire servant or agent.
g) to pay on the Lessor’s current tariff for rental and fuel to pay for any accessories, tyres, 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 legal 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.
h) the Hirer will be responsible for the full value of repair relating to roof damage on commercial vehicles, and any further costs incurred by the lessor relating to the incident.
i) the Hirer shall not smoke or permit any person to smoke while in the vehicle, if evidence of smoking is found the hirer shall be charged £30.
3. Fixed Penalties
The Hirer shall be liable as owner of the vehicle in respect of:
a) any fixed penalty committed in respect of that vehicle under Part 111 of The Road Traffic Offenders Act 1988 as amended by the Parking Act 1989, and any subsequent legislation or orders and any such offences committed under the equivalent legislation applicable to Scotland, and
b) any excess charges which may be incurred in respect of the vehicle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulations Act 1988 and any subsequent legislation or orders and any such offences committed under the equivalent legislation applicable to Scotland, and
c) as a result of the vehicle having been parked or left upon land which is not a public road, any charge or financial penalty which might be demanded by any corporation authority or person, and
d) any provisions that may be replaced or amended in respect of the above Acts, Regulations or penalties, including the equivalent legislation applicable to Scotland.
4. The Lessor Warrants:
a) to provide the Hirer with a vehicle where all reasonable steps have been taken to ensure its roadworthiness and ensure it is well maintained.
b) when informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly.
c) if prompt repair is not possible, to provide a substitute vehicle or allow the Hirer to terminate the hire.
d) the Lessor shall not be liable to the Hirer or any driver or any third party for any loss howsoever caused.
5. Using Lessor’s Insurance:
a) this Agreement is subject to and deemed to include the terms, conditions and limitations of the Lessor’s insurance policy.
b) under this Agreement the vehicle hired may only be driven by the person signing the Agreement and those additional authorised drivers who have completed an Insurance Proposal Form accepted by the Lessor.
c) the Hirer agrees to pay insurance charges on the Lessor’s current tariff and (except when the Hirer has agreed to pay the collision damage waiver charge) the cost of any collision damage or repair up to the amount of the Excess.
d) in the event that the vehicle suffers any damage as a result of the wilful action of the Hirer or any servant or agent of the Hirer, even though It may be covered by the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair.
6. Using Hirer’s Insurance
a) the Hirer undertakes to Insure the vehicle, equipment and accessories in its full value against loss or damage (including windscreen damage) by accident, fire, or theft under a comprehensive policy by an insurer approved by the Lessor. At the Lessors request the Hirer must provide full details of the policy before hire commences and shall instruct his insurers that the Lessor’s name 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 Hirer’s policy.
c) the Hirer shall provide that any compensation due with regard to the Hirer’s policy is paid directly to the Lessor. The Hirer will also be liable to compensate the Lessor. The Hirer will also be liable to compensate the Lessor for ALL loss or damage incurred by the Lessor in addition to the monies (if any) paid to the Lessor by the Hirer’s insurers.
7. Agreement Time Limitation
a) the total rental period for this Agreement to operate may not exceed 90 days.
b) Hirers on own insurance cover are responsible for hire fees of damaged vehicle during repair.
c) Lessor is not responsible for any property left in the vehicle.
d) Lessor is not liable for any damage or loss whatsoever caused by breakdown or other defects in the vehicle.
e) Lessor may retain deposit provided overleaf to cover any amount due or which might become due hereunder.
f) the vehicle will not be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods that it was designed to carry or may lawfully carry.
g) no vehicle to be returned out of hours.
h) Where the vehicle has recorded more than 2000 miles per calendar month, there will be an excess milage charge at the current lessor’s tariff.