GENERAL
These terms and conditions shall be incorporated and govern this agreement made between the Owner and the Renter whose names and addresses are set out overleaf to the exclusion of aU or any other terms and conditions.
Words and expressions defined overleaf shall where applicable have the same meanings when used herein. In addition to the term “vehicle” when used herein shall (if applicable) be deemed to include any replacement vehicle and all tyres, tools, accessories, parts and equipment relating to vehicle.
Where the person signing this agreement on behalf of Renter is not Renter, he or she with represents and wanants to Owner that he or she is authorised to sign and to enter into this agreement for and on behalf of Renter and all agreements and obligations on the part of Renter hereunder shall be deemed to be made by such person jointly and severally with Renter.
HIRE OF VEHICLE
Owner agrees to let and Renter agrees to take on hire vehicle upon and subject to the terms and conditions of this agreement.
The period of hire shall commence on the time and date out specified and shall continue (subject to earlier termination by either party or any extension in accordance with this agreement) until the time and date due back specified.
The period of hire may not be extended without owner’s prior written consent and in any event the period of hire shall not exceed 30 consecutive days.
PROHIBITED USES
Renter will not use vehicle or allow vehicle to be used to any purpose for which it is neither designed, suitable or allow vehicle to be used for any purpose for which it is neither designed suitable nor hired including (without limitation) the carriage of passengers and/or properly for hire or reward: any unlawful, hazardous or unusual purpose: propelling or towing any other vehicle or trailer or for any similar purpose without owner’s prior written consent; racing, rallying, pace-making reliability, speed testing or other trials, competitions of any sort of driving tuition; carrying a number of passengers and/or property which would cause the vehicle \o be overloaded or would cause any applicable restriction to be exceeded; the use of vehicle on any surface other than roads with tarmac or concrete surfaces over which there is right or way (public or private) for motor vehicles.
Renter will not allow any other person who has not been approved in writing by the owner. Renter will not take or allow the vehicle to be taken out of the United Kingdom without owner’s prior written consent. As a pre-condition of any consent renter must
produce to owner evidence satisfactory to owner of adequate insurance agreements for taking vehicle abroad including (without limitation) an international motor insurance card (“go<l!ln card”) and/or Bailbond (as the case may be).
PAYMENTS
Renter will pay owner on demand.
(a) The total deposited as specified together with any fu11her deposits requested by owner on or before the commencement of any extension of the period of hire, which owner may apply at any time towards payment of any sums due from renter hereunder:
(b) The rental and mileage charges computed at Lessor’s current tariff for mileage covered or deemed excessive by the vehicle from commencement of the period of hire until vehicle is returned to owner in accordance with the terms of this agreement as recorded by the odometer installed in vehicle when received provided that if the owner decides in its absolute discretion that the odometer has failed or malfunctioned or has been interfered with in any way the mileage charge shall be estimated by owners in its absolute discretion.
(c) The amounts (if any) specified for time charge collision damage waiver, theft protection, personal accidents and personal effects insurance and the miscellaneous other charges (if any) specified overleaf.
(d) All fines, penalties, costs, charges, and liabilities relating to parking, road traffic, or other offences or contraventions incurred in relation to vehicle by renter or owner (except where caused through fault of owner) from the commencement of this agreement until vehicle is returned to owner in accordance with the terms of this agreement .
(e) Owner’s costs of repairing or replacing vehicle in the event of loss, theft or dan1age howsoever caused, plus loss of revenue to owner (calculated at owners unlimited mileage charges for the period of during which vehicle shall remain unavailable for rental by reason of such matters) Provided that if vehicle is operated in accordance with all the terms of this agreement.
(f) Renter’s liability in respect of damage to or theft of vehicle will be limited to a non-waivable excess charge in accordance with owner’s current tariff.
The cost of refuelling vehicle if returned to owner with less fuel than was contained in vehicle’s fuel tank at the commencement of the period of hire together with owners current tariff for refuelling service charges:
Owner’s costs incurred in recovering vehicle in the event renter fails to return it to owner in accordance with this agreement;
(g) Any value added tax or local or other taxes payable in respect of the above All overdue payments shall bear interest on the amount overdue at the rate of 3% per annum above the Bank of England’s minimum lending rate current from time to time from data such sums become to the date of actual payment.
RENTERS OBLIGATIONS
Renter shall at all times during the terms of this agreement:
(a) Take proper care of vehicle and ensure vehicle is used in a lawful and reasonable manner in all respects and in particular (without limitation) will keep vehicle locked when not in use;
(b) Return vehicle to owner in the same condition as when received as evidence by renter’s signature on owner’s “check in slip” relating to vehicle (fair wear and tear only expected) to owner’s address specified overleaf immediately upon demand by owner (such demand not to be made without responsible cause) subject to a refund to renter of any sums already paid by renter in excess of those due under the terms of this agreement.
(c) Immediately report any accident, loss or damage involving vehicle to owner and the Police or any other authority and at owner’s request complete owned.(s accident report from without delay:
(d) Immediately report any breakdown fault or defect responsibly requiring repair owner and will not, in the case of defect or fault which makes vehicle unroadworthy or liable to cause damage or danger Jo persons or property or further damage to vehicle, use vehicle until such defect or fault has been repaired or corrected and will take all responsible steps to prevent or mitigate any loss or damage occurring to vehicle.
(e) Obtain Owner’s prior written consent before incurring repair costs in excess of £25:
(f) Not remove or interfere with any Vehicle parts or spares or with any identification marks or plates affixed to the vehicle:
(g) Take proper care of vehicle and ensure vehicle is used in a lawful and reasonable manner in all respects and in particular (without limitation) will keep vehicle locked when not in use;
(h) Return vehicle to owner in the same condition as when received as evidence by renter’s signature on owner’s “check in slip” relating to vehicle (fair wear and tear only expected) to owner’s address specified overleaf immediately upon demand by owner (such demand not to be made without responsible cause) subject to a refund to renter of any sums already paid by renter in excess of those due under the terms of this agreement.
(i) Immediately report any accident, loss or damage involving vehicle to owner and the Police or any other authority and at owner’s request complete owned.(s accident report from without delay:
(j) Immediately report any breakdown fault or defect responsibly requiring repair owner and will not, in the case of defect or fault which makes vehicle unroadworthy or liable to cause damage or danger Jo persons or property or further damage to vehicle, use vehicle until such defect or fault has been repaired or corrected and will take all responsible steps to prevent or mitigate any loss or damage occurring to vehicle.
(k) Obtain Owner’s prior written consent before incurring repair costs in excess of £25:
(l) Not remove or interfere with any Vehicle parts or spares or with any identification marks or plates affixed to the vehicle:
(m) At owner’s request assist\owner in enforcing any rights or remedies. Owner may
have against third parties in respect of any loss or damage to or in connection with vehicles arising during the term of this agreement.
LIMITATION OF LIABILITY
Owner warrants that from the commencement of the period of hire:
(a) To take all responsible steps to provide the renter with a well maintained vehicle;
(b) When informed of a breakdown by the renter to see it\at the necessary repairs are canied out promptly, if possible:
(c) If repairs cannot be canied out promptly to provide a suitable vehicle or allow the renter to terminate hire.
All other wananties, conditions or terms relating to contracts of hire and whether implied by statue or common law or otherwise are excluded to the fullest extent pern1itted by law. In particular (but without limitation) owner should not be liable to renter for any indirect or consequential loss or damage (including loss of revenue) costs, expenses. liabilities or any other claims or demands arising out of or in respect of:
(a) any breakdown, malfunction, failure or defect of vehicle
(b) Any property left, stored or transported by renter or by any other person in or upon vehicle either before or after the return of the vehicle owner.
Provided always that nothing herein contained shall restrict or exclude owner’s liability for death or personal injury caused by the owner’s negligence or any other liability of owner which cannot be excluded as a matter of law.
INSURANCE
Except where renter has elected personally to insure vehicle as evidence by renter’s signature, renter partkipants as an insured under owners vehicle insurance policy and agrees to observe all the terms and conditions thereof. A summary of the terms and conditions of such insurance policy is available for inspection at owners address specified overleaf and a copy of the policy may be inspected on request at Minster Self Drive, Old Station Road, Southbank, Middlesbrough, TS6 6AD renter further agrees to protect the interests of owner and owner’s insurance company in the case of accident during the tern, of this agreement by:
(a) Making every endeavour to obtain names and addresses of pa11ies involved and of witnesses:
(b) Not admitting liability or guilt to any third party:
(c) Not abandoning vehicle without adequate provisions for safeguarding and securing the same;
(d) Calling owner’s office by telephone using the number specified overleaf and further giving a detailed report including (without limitation) plans and drawings to owner.
(e) Notify the police or any other authority immediately.
Where renter has elected personally to insure vehicle (evidence as aforesaid). Renter undertakes to insure and keep insured vehicle during the term of this agreement under a fully comprehensive motor insurance policy (including windscreen damage) to its full replacement value free from limitation or excess with reputable insurers approved in writing by the owner. Renter1agrees to observe all the terms and conditions of the said policy. Renter shall at owner’s request supply full details of such policy to owner and shall procure that any money paid by renter’s insurers under the said policy is paid directly to owner and renter shall compensate owner for any loss or damage suffered by owner in excess of any monies received by owner.
INDEMNITY
Renter will indemnify and hold harmless owner and keep owner indemnified and help harmless against all costs losses, claims or damages, expenses, and liabilities of whatsoever nature suffered or sustained by owner as a result of or in connection with:
(a) Any breach by renter of any of the provisions of the agreement; and
(b) Any loss or damage to property left, stored or transported by renter or by any other person in or upon vehicle either before or after return of vehicle to owner. provided that this indemnity shall not apply to any owner for death or personal injury causer by the owners negligence or any other liability or owner which cannot be excluded as a matter of law.
TERMINATION
If renter commits any breach of this agreement or if any statement representation or warranty made by renter overleaf or in these terms and conditions in respect of himself or any additional driver is incorrect or if a receiving order is made or a petition in bankruptcy is presented against renter (or being a company renter goes into liquidation, whether voluntarily or compulsorily or a receiver, administrator, administrative receiver or manager shall be appointed over the whole or part of its business assets); or if any distress or execution is levied against any of its goods then in any such event owner may terminate this agreement forth with but without prejudice to any of owner’s accrued rights and remedies against renter.
On the expiry or termination of this agreement howsoever occasioned renter shall no longer be in possession of vehicle with owner’s consent and renter shall forthwith return the vehicle in the same condition as when received as evidence by renters signature on owner’s “check in slip” relating to vehicle (fair wear and tear only excepted) to owner’s address specified in overleaf. Provided that under no circumstances shall renter return vehicle to owner outside owner’s normal published opening hours without owner’s prior consent. If renter commits any breach of this agreement, owner may without notice, retake possession of vehicle together with the insunu1ce certificate and any other documents of owner and for such purpose may enter upon any premises belonging to or in the occupation or control of renter and hold the renter liable for any and full amount of costs relating to the hire.
Earlier termination of any pre-paid hire agreements will only, be refunded at the discretion of Minster Self Drive.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement and understanding between the parties hereto and no variation to this agreement shall be binding unless agreed in writing by the owner.
