DEFINITIONS: In the Agreement, the following definitions apply: HIRER/ RENTER. The person so named in the Rental agreement. DRIVER- The hirer or other person listed in the agreement or any other person approved by the Lessor to drive the vehicle shown during the duration of the agreement. VEHICLE-The original vehicle described in the agreement or any replacement provided by the Lessor. ACCESSORIES- The spare wheel, tools or any other items with which the vehicle is supplied and any replacement thereof. RENTAL PERIOD – Period from date/time of vehicle issue by Lessor until physical re-delivery to the Lessor. RENTAL CHARGES – the tarrif for the rental period. REFUELING/MILEAGE CHARGE- the surcharges levied, at the discretion of the lessor, when a vehicle is returned with less fuel than at issue or has covered a higher mileage than allowed for in the standard contract. EXCESS- the minimum contribution that the Lessor has to pay towards the cost of an insurance claim. The excess to be charged to the hirer at the discretion of the lessor. COVER- the indemnity provided by a current insurance policy that is valid for the vehicle and other specifics shown in the agreement. LESSOR/OWNER- Terminus Contract Hire (TCH/TCHIRE), it’s agents or associates.
- Rental Agreement ( The Contract). Lessor agrees to let and the Hirer agrees to take on the rental of the vehicle described in the rental agreement, or an equivelant vehicle of comparable utility from the depot address shown or associated premises. Lessor means the hire address listed in the agreement. Lessor warrants that the vehicle is roadworthy and undertakes to substitute a replacement vehicle – issued from the TCH depot address shown in the rental agreement- if the original vehicle becomes unusable ( except through Hirers misuse or negligence).
- Extension of Rental Period- Lessor may extend the period of rental at the request of the hirer. The hirer will pay such additional monies, as the lessor 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 context otherwise admits. In no event shall the duration of the rental exceed three months in the aggregate.
- Warranty by Hire and Additional Driver. Lessor Rights
- a) Hire agrees to return the Vehicle to the Lessor in the same condition received, ordinary wear and tear accepted
- b) Hirer agrees not to use the vehicle for hire and reward – unless agreed in writing prior to the commencement of hire by lessor- nor use it in violation of any law, ordinance or regulation, nor remove it – without prior written consent of owner- from England, Scotland or Wales.
- c) Hirer hereby warrants and undertakes to the Lessor:
- i) The accuracy of the information supplied to the Lessor;
- ii) that in the case of business rental the Agreement is entered into by the Driver for and on behalf of the Hirer
iii) that the Hirer/Driver will not permit the vehicle to be operated in any way that would violate the contract, Including but not limited to: Driving by any person under the age of 21 or over the age of 76 without prior approval from Lessor: In Motor Sports events ( Including Racing, Pacemaking, Rallying, Reliability trials and Speed testing); to propel or tow any vehicle or trailer without prior consent from the Lessor; By any person driving when unfit through drink or drugs or with a blood alcohol concentration above the limit prescribed by current road traffic legislation: by any other person other than the hirer or additional driver shown in the rental agreement; under authority of any licence other than the hirer/drivers own; If hirer or driver leaves the car unlocked or fails to secure the keys; If the hirer/driver drives the vehicle in a reckless and imprudent manner or if the car is deliberately, or through hirers/drivers negligence, damaged.
- iv) that the licence shown to the Lessor at the time the car is rented is his or her own and fully valid
- v) that he/ she will further protect the interests of the insurer and the Owner/Lessor by ensuring that the vehicle is always locked when unattended: and the keys are secure.
- d) If Hirer/Driver commits any breach of the agreement, or is reasonably believed to have done so, Lessor may treat the agreement as void and seize, without legal processor notice to hirer/driver, the vehicle at any time and place and the Hirer/driver waives all claims for damages and any consequential losses arising there from
- e) Hirer/Driver authorises Owner/Lessor to verify through credit agencies, the Driver and Vehicle Licensing Agency or any other sources, personal, driving and credit information provided by the hirer/driver.
- Payment: Hirer expressly agrees to pay Lessor on demand:
- a) The mileage charge at rate specified overleaf travelled by vehicle during the rental period;
- b) Service and time charges at the rate specified in the rental agreement plus any other charges if applicable even if an account is forwarded to a third party;
- c) All Administration charges, fines and court costs for parking, traffic or other legal violation assessed against the vehicle, hirer, driver or owner until vehicle is returned, unless the Lessor assumes responsibility for same at their sole discretion. Hirer is liable as owner of the vehicle in respects of: any fixed penalty offense committed in respects of that vehicle under the Road Traffic Act 1988 and Road Traffic Offenders Act 1988; any excess parking charges which may be incurred in respects of that vehicle in pursuance of an owner under sections 45 and 46 of the Road Traffic Regulations Act 1984, the Road Traffic Act 1991; or any superceeding Regulations.
e)Any refuelling charge currently operated by the Lessor.
- f) Value added Tax and all other taxes ( if any) payable on the aforesaid itmes; including taxes levied in foreign states.
- g) Owner/ Lessor costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer/Driver.
- h) Market value of repairing damage howsoever caused to the actual Vehicle , plus loss of revenue at the daily rate shown within the rental agreement based on Lessors loss of use of the Vehicle, diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the Hirer/ Driver and regardless of whether damages are a result of an Act of God. Owner/ Lessor shall have the sole right and responsibility to repair the Vehicle. Damage should be reported to the office where the vehicle has been rented as soon as possible preferably within 24 hours of the vehicle being damaged;
- i) In the event of theft, fair Market value of replacing the vehicle, administration fees, plus loss of revenue at the daily rate shown on the rental agreement bases on the Lessors loss of use on the Vehicle. If the Vehicle is stolen, it should be reported to the Owner/ Lessor immediately and in any event within 24 hours after the vehicle has been stolen. The vehicle should also be reported as stolen to the Police Immediately and a crime reference number should be obtained regardless of whether cover applies.
- j) Drop fees if vehicle is not returned to the original rental office ( as indicated on the rental agreement) without prior written consent of the owner/lessor
- k) Hirer/Driver agrees to allow Owner/Lessor to compute and debit final charge from credit/debit card ( i.e. the card or its details have been presented), as shown on the rental agreement. If the Hirer/Driver breaches this agreement, Hirer/Driver agrees to immediately return the vehicle and pay all expenses whatever incurred by the Lessor in returning the vehicle to place of rental.
- Hirer’s/ Clients Own Insurance: if the Hirer selected ‘Own Insurance’ Hirer shall keep the vehicle insured with insurers approved by the Owner/Lessor on a comprehensive basis for a value which has been agreed in writing by the Owner/lessor to be a fair market value of the vehicle against loss or damage , fire and theft and against third party and passenger liabilities. In the case of loss or damage to the vehicle, the hirer shall permit the Owner/Lessor to make a claim there under in the name of the hirer and in such cases reserve the right to claim full rental charges or consequential charges deemed proper until any necessary repairs have been completed. Hirer agrees to comply with the terms of Lessor own insurance policy.
- Owners/Lessor Insurance: Save where condition 5 above applies and subject to the hirers proposal for insurance being accepted by the Owner/lessor on behalf of the insurer , Hirer is Insured upon and subject to the terms and conditions of the policy of insurance held by the Owner/Lessor 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 Owner/Lessor office address shown in the rental agreement. In respect of each and every incident resulting in damage to the vehicle, the Hirer/driver shall forthwith upon demand pay to the Owner/Lessor 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 and expenses incurred by the Owner/Lessor in proceeding to recover the same from the third party. In the event of the owner/Lessor receiving from the third party any part of the amount of such costs and provided the Hirer shall have preformed its obligations hereunder the Owner/ Lessor shall repay to the Hirer the like part of such Excess.
- To maintain and protect the Vehicle and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of a Vehicle and/ or to track a Vehicle’s movements. This information may be used both during and after termination of the Hire Period. By accepting these terms and conditions (in the way of signing the Rental agreement) you expressly acknowledge having granted your explicit consent to the use of such electronic devices.
- In case of accident: The Hirer/Driver shall in the event of an incident that results in damage to the Vehicle procure that:
- The hirer/driver insurance if the renter has selected own insurance are forthwith notified thereof and that such notice is confirmed in writing where the car is rented ( as identified in the rental agreement) immediately and in any event within 24 hours of the accident.
- The driver of the vehicle completes and delivers to the Owner/Lessors address, the relevant accident report within 24 hours after the accident;
- No admission of liability is made to any person in relation to such accident;
- Any writ of summons, summons or any other documentation relating to any proceedings arising out of such accident is forthwith delivered to the owner at the address stated on the rental agreement
- All assistance is rendered to the Owner/Lessor and its insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner/Lessor in the name of the hirer/driver defending any proceedings brought against the hirer/driver.
- The hirer/driver shall forthwith upon demand fully and effectually indemnify the Owner/Lessor 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/lessor
- The names and address of all witnesses there are collected and given to the Owner/Lessor or to agents acting on behalf of the insurers. For the purpose of the DATA PROTECTION ACT (s) 1984, the Owner/Lessor or any subsidiary thereof may hold and process by computer or otherwise the information given to Owner/Lessor by the Hirer or any additional driver to identify other products or services which might be relevant and for statistical analysis.
- Hirer Indemnity Provision
Upon demand from Owner/Lessor, Hirer agrees to defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses incurred by Owner in any manner from this rental transaction or from the use or operation of the rental car by any party, including claims of or liabilities to third parties and agrees to present a claim to their insurance carrier for all such expenses. If Hirer/Driver has no insurance to cover such events or losses, Hirer agrees to pay Owner for such losses.
- Hirer/ Driver authorises Owner/Lessor to submit for payment credit/debit card vouchers if a credit/debit card has been presented as a means of deposit or security at the time the vehicle was rented, Including if any third party to whom a billing was directed refuses to make payment.
- All charges are subject to final audit.
- This agreement is governed by and constructed with the laws of England. All disputes arising out of or in connection with the rental agreement shall be subject to the exclusive jurisdiction of the English Courts.
Notwithstanding the contractual obligations of the Hirer/Driver to the Owner/Lessor, which are summarised above; the hirer/driver remains absolutely liable (within the constraints of English Law) for costs and damages incurred by the Owner/Lessor due to any breach of contract whatsoever
The following summary of prohibitions is not exhaustive and does not over ride any specific wording shown above. Any of these examples would represent a Breach of contract:
- Negligently or wilfully putting the vehicle at risk in the opinion of the Owner/Lessor
- Uninsured use or use for Illegal activity, including breach of current EU trade Legislations
- Failure to report Accidents or Mechanical damage, failure to return the vehicle to the address stated on the Rental agreement
- Obtaining hire by providing false statements or documents
- Any action of the Hirer/Driver that defies the purpose of the rental agreement wording, as constructed by the Lessor.
The Owner/Lessor reserves the right to refuse hire at any time, without stating a reason. Likewise, the Owner/Lessor reserves the right to cancel a hire contract at any time and require the return of any vehicle, without stating a reason. In such cases, all outstanding charges shall become payable immediately.
The Hirer acknowledges that the Finance Houses used by the Lessor to fund Goods have certain rights under this Agreement, even though are not signatories of the same. These rights include:
(a) The right to visit or enter the Hirer’s place/s of business to ascertain the whereabouts of any Goods funded by them;
(b) The right to uplift the Goods if the Hirer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any Agreement between the Lessor and the Finance House;
(c) In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the Goods, the Finance House has the absolute and immediate right to enter the Hirer’s premises or those of the Hirer’s customers to identify the whereabouts and uplift the Goods;
(d) Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the Goods until the end of the Contract Period under this Agreement.
(e) Subject to the Finance House’s agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall be entitled to make Rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.