Hire Agreement

1. Hire Agreement

Owner agrees to let and the Hirer’s agrees to take on the Hire of the Vehicle described overleaf. Owner means the Hire point listed overleaf. Owner warrants that the vehicle is roadworthy.

2. Extension of Hire Period

Owner may extend the period of Hire at the request of the Hirer’s. The Hirer’s will pay such additional deposit or deposits, as the owner shall require. In the event of extension(s) the new date and time agreed for the return of the Vehicle shall then become the due back date save where the contact otherwise admits. In no event shall the duration of the Hire exceed three months in the aggregate.

3. Warranty by Hirer’s and Additional Driver – Owner Rights

a) Hirer’s agrees to return Vehicle to Owner in same condition recieved, ordinal wear and tear accepted, on due date specified overleaf

b) Hirer’s agrees not to use Vehicle for Hire or reward nor use it in violation of any law, ordinance or regulation, nor remove it (without prior written consent of owner) from England, Scotland, Wales.

c) Hirer’s hereby warrants and undertakes to the Owner

  • the accuracy of the information supplied to the Owner;

  • that in the case of business Hire this Agreement is entered into by the Driver for and on behalf of the Hirer’s

  • that he will not operate Vehicle or permit the Vehicle to be operated in any way that would violate this contract, including:

    • Driving by any person under 25 or over 70: in motor sport events. (including racing, pacemaking, rallying, reliability trials, and speed testing);

    • to propel or tow any vehicle or trailer;

    • by any person driving when unfit through drink or drugs with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation: by any other person other than the Hirer’s or additional Driver shown overleaf;

    • under authority of any licence other than his own;

    • if Hirer’s or driver leaves the car unlocked or fails to secure the keys;

    • other than on a paved public highway, private road or driveway;

    • in a reckless or imprudent manner or if the car is deliberately damaged; 

  • that the licence shown to Owner at the same time the car is rented in his own and fully valid

  • that he will further protect the interests of the Insurer and the Owner by ensuring the vehicle is always locked when unattended: and the keys are secure;

d) If Hirer’s commits any breach of this agreement, owner may treat the agreement as terminated and may seize, without legal process, or notice to Hirer’s, Vehicle any any time and place and Hirer’s waives all claims for damages connected with such a seizure;

e) Hirer’s authorises Owner to verify through cerdit agencies, the Driver and Vehicle licencing Agency or any other sources, personal, driving and credit information provided by Hirer’s and any additional drivers overleaf

4. Payment

Hirer’s expressly agrees to pay owner on demand:

a) The mileage change at rate specified overleaf plus other charges, if applicable even if an account is forwarded to a third party;

b) Service and time charges at rate specied overleaf plus other charges, if applicable even if an account is forwarded to a third party;

c) Collision Damage Waiver (if any), Theft Protection Insurance (if any), Personal Accidental Insurance (if any), Legal liability Insurance (if any) and miscellaneous charges at the rate specified overleaf;

d) All fines and court costs for parking, traffic or other legal violations assessed against the Vehicle, Hirer’s other Driver or Owner until Vehicle is returned, except where caused through fault of Owner. Hirer’s is liable as the owner of the vehicle in respect of: any fixed penalty offence committed in respect of that Vehicle under the Road Traffic Act 1988 and Road Traffic Offenders Act 1988; any excess parking charge which may be incurred in respect of that Vehicle in pursuance of an Order under Section 45 and 46 of the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991;

e) Any refueling charge currently operated by the Owner,

f) Value added Tax and all other taxes (if any) payable on the aforesaid items;

g) Owners costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer’s here under;

h) Fair market value of repairing damage howsoever caused to the actual Vehicle supplied, administrative fees, plus loss of revenue at the daily rate shown overleaf based on Owner’s loss of use of the Vehicle, diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the Hirer’s or any other person, and regardless of whether damages are a result of an act of God. Owner shall have the sole right and responsibility to repair the Vehicle. Damage should be reported in writing to the offence where the car was rented as soon as possible and in any event within 24 hours after the Vehicle was damaged;

i) In the event of theft, fair market value of replacing the Vehicle, administrative fees, plus loss of revenue at the daily rate shown overleaf based on the Owner’s loss of use of the Vehicle, if Theft Protection Insurance is not purchased or does not apply. If Vehicle is stolen, it should be reported to the Owner immediately, and in any event within 24 hours after the Vehicle was stolen. It should also be reported to the Police immediately and a crime reference number should also be obtained immediately, regardless if Hirer’s own insurance or if Owner’s insurance applies;

j) Drop fees if Vehicles is not returned to the original Hire office (as indicated overleaf) without the written consent of the Owner;

k) Hirer’s agrees to fallow Owner to compute and debit final charges from Credit Card, if that is the form of payment used by Hirer, shown overleaf. If Hirer breaches this agreement, Hirer agrees to cease using Vehicle and to pay all expenses incurred by Owner in returning Vehicle to place of Hire.

5. Hirer’s Own Insurance

If the Hirer’s selected ‘own insurance’ overleaf. Hirer shall keep the Vehicle insured with insurers approved by the Owner on a comprehensive basis for a value which has been agreed in writing by the Owner to be a fair market value of the Vehicle against loss or damage by accident, re and theft against third party and passenger liabilities. In the case of loss or damage to the Vehicle, the Hirer’s shall permit the Owner to make a claim there under in the name of the Hirer and in such case reserves the right to claim full Hire charges until any necessary repairs have beem completed. Hirer agrees to comply with the terms of Hirer’s own insurance policy. Hirer agrees that all the terms and conditions of this Hire agreement hold regardless of whether Hirer selects his own insurance or the insurance of the Owner.

Owner’s Insurance

Save where condition 5 above applies and subject to the Hirer’s proposal for insurance being accepted by the Owner on behalf of the Insurers, Hirer 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 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 Hirer at the registered office of the Owner specified overleaf. In respect of each and every incident resulting in damage to the vehicle, the Hirer shall forthwith upon demand pay to the Owner the appropriate excess on such insurance towards or in settlement of the cost of making good any such damage on a full indemnity basis and the cost expenses incurred by the Owner in proceeding to recover the same from the third party. In the event of the Owner receiving from the third party any part of the amount of such costs and provided the Hirer shall have performed its obligations hereunder the Owner shall repay to the Hirer replacement of the Vehicle together with all other losses, costs, damage and expenses sustained or incurred by the Owner arising from such loss or damage occasioned during the Hire including administrative costs and loss of Hire income.

6. In case of accident

The Hirer shall in the event of an incident that results in damage to the Vehicle procure that:

a) The Hirer’s and/or Drivers insurers, if Hirer has selected ‘own insurance’, are forthwith notified thereof and that such notice is confirmed in writing to the office where the car is rented (as identified overleaf) immediately and in any event within 24 hours after the incident;

b) The driver of the Vehicle completes and delivers to the Owner the relevant accident report within 24 hours after the incident;

c) No admission of liability is made to any person in relation to such accident;

d) 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 overleaf

e) All assistance is rendered to the Owner and its insurers to the conduct of such proceeding including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner in the name of the Hirer and defending any proceedings brought against the Hirer;

f) The Hirer 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 Hirer;

g) The names and addresses of all witnesses there to are collected and given to the Owner.

 

For the purposes of the DATA PROTECTION ACT (S) 1984, the Owner or any subsidiary of the Owner may hold and process by computer or otherwise the information given to Owner by the Hirer or any Additional Driver to identify other products or services which might relevant and for statistical analysis.

 

7. Hirer’s indemnity Provision

Upon demand from Owner, Hirer agrees to defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses incrred by Owner in any manner from this Hire transaction or form the use or operation of the Hire car by any party, including claims of or liabiltiies to third parties and agrees to present a claim to their insurance carrier for all such expenses. If Hirer has no insurance to cover such events or losses, Hirer agrees to pay Owner for such losses.

8. Hirer’s AUTHORITIES OWNER TO SUBMIT FOR PAYMENT CREDIT CARD VOUCHERS IF A CREDIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY AT THE TIME VEHICLE WAS RENTED, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE A PAYMENT.

9. All charges are subject to final audit.

10.This agreement if governed by and construed in accordance With the Laws of England. All disputes arising out of or in connection with the agreement shall be subject to the exclusive jurisdiction of the English Courts

Statement of Liability

I confirm that I have declined the CDW and/or TPW because my credit card company covers me. I give my unconditional and irrevocable authority that if the vehicle is damaged or stolen the owner can charge my nominated credit or debit for the full replacement cost of the vehicle, and any down time, or in the case of damage the full cost of repair and any down time.