In this Agreement the following shall have the meanings hereby assigned to them:-
Hirer: The person named as such overleaf
Driver: The hirer and/or other person named as such overleaf or any other person previously approved by the Lessor to drive the vehicle.
Accessories: The spare wheel, tools, and other items with which the vehicle is supplied, and any replacements thereof.
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.
Rental Charges: The hire charges for the rental period calculated in accordance with the Lessors current tariff.
Excess Amount: The sum specified overleaf as the excess amount.
Collision Damage Waiver: A fee calculated in accordance with the Lessors current tariff which relieves the Hirer of liability to pay the full excess amount.
Personal Accident (P.A.), Personal Effects (P.E.), Goods in Transit (G.I.T.)
Insurance Fees: Fees which entitle the Hirer to the benefits of the cover set out in the master policies issued to the lessor.
Current Tariff: The Lessor’s tariff current at the commencement of hire.
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.
- Should the person signing this agreement not be the Hirer, he or she warrants that they are authorised to sign for the Hirer and by doing so is jointly and severally liable with the Hirer under this Agreement.
- The Hirer, his servant, driver or agent, will not pose as a servant or agent of the Lessor.
- The Hirer or driver should be made aware of the age stipulations under which this Agreement is made.
- The period of rental covered by this contract should not exceed 3 months (90 days). After this point a contract would be re-written.
- 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.
- Without written consent from the Lessor, the Hirer may not remove the vehicle from the British Mainland or any British Isle from which the hire began, and may not take the vehicle from Ulster to Southern Ireland.
- Without written consent the Lessor’s vehicle may not be used to propel or tow any other vehicles or trailer.
- 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.
- In the event of the Hirer not returning the vehicle at the end of the rental period, this is deemed as 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.
- 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.
- If the Hirer commits any breach of this Agreement the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorises the Lessor to enter upon his property for such purpose.
The Hirer Warrants:
- 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.
- 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.
- 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.
- in the event of any accident to protect the interest of the Lessor’s insurance company during the period of hire by:
- not admitting liability or guilt.
- making every endeavour to obtain names and addresses of parties involved and of independent witnesses
- notifying the police immediately if another parties guilt has been ascertained or if people or animals are injured.
- not abandoning vehicle without adequate provisions for safe guarding and securing the same.
- calling the office of the Lessor in the case of damage, further providing a detailed report and diagram to the Lessor.
- to return the vehicle together with its accessories, tyres, tools and equipment to the Lessor at the place of 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 rental (fair wear and tear accepted), clean and tidy (traffic grime expected).
- 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.
- to pay the Lessor’s current tariff for rental and fuel, to pay for any accessories, tyres, tools or equipment, lost or stolen or damaged, to pay the Lessor’s costs of recovering the vehicle in the event 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.
The hirer shall be liable as owner of the vehicle in respect of:-
- 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 offence committed under the equivalent legislation applicable to Scotland, Wales and Ireland.
- Any excess charge 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 1984 and any subsequent legislation of orders and any such offence committed under the equivalent legislation applicable to Scotland, Wales and Ireland.
- 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
- Any provisions that may be replaced or amended in respect of the above Acts, Regulations or penalties, including the equivalent legislation applicable to Scotland.
The Lessor Warrants:
- to provide the Hirer with a vehicle where all reasonable steps have been taken to ensure its roadworthiness and ensure it is well maintained.
- when informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly.
- if prompt repair is not possible, to provide a substitute vehicle or allow the Hirer to terminate the hire.
- The Lessor shall not be liable to the Hirer or any driver or any third party for any loss howsoever caused.
Using Lessor’s Insurance
- This Agreement is subject to and deemed to include the terms, conditions and limitations of the Lessor’s insurance policy.
- 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.
- In the event that the vehicle suffers any damage as a result of the wilful action or the Hirer or any servant or agent or the Hirer, even though it may be covered by the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair. This includes negligent and overhead damage.
Using Hirer’s Own Insurance
- 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 Lessor’s request the Hirer must provide full details of the policy before hire commences and shall instruct his insurers that the Lessor’s name may be endorsed on the policy.
- The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the Hirer’s policy.
- 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 for ALL loss or damage incurred by the Lessor in addition to the monies (if any) paid to the Lessor by the Hirer’s insurance.
Agreement Time Limitation
The total rental period for this Agreement to operate may not exceed 90 days. At this point a new contract would be re-written.