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 tariff 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 contribution that the HIRER has to pay towards the cost of an insurance claim/ DAMAGE CLAIM. The excess to be charged to the Hirer and is appliable per insurance/ damage claim. 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 equivalent 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) Hirer agrees to return the Vehicle to the Lessor in the same condition received.
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.
- 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, Pace making, 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 that the keys are secure.
vi) 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 therefrom, including the right for a refund of hire or security deposit
vii) 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
- The owner shall hand over the Vehicle to Renter in a good and roadworthy condition and equipped as required according to the safety regulations of the place of rental (as required by applicable law). Renter is required to check the Vehicle's condition immediately after handover. If Renter notices any damage to the Vehicle or other discrepancies, Renter shall immediately inform the Owner.
- Payment: Hirer expressly agrees to pay Lessor on demand:
a) The mileage charge at the 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 the vehicle is returned unless the Lessor assumes responsibility for same at their sole discretion.
d) 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 superseding Regulations.
e) Any refueling charge currently operated by the Lessor.
f) Value added Tax and all other taxes ( if any) payable on the aforesaid items; 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.
l) Hirer is responsible for all charges, Hirer agrees that Owner, having notified Hirer, will compute and debit any and all charges that arise from the result of the rental, from Hirers credit and/or debit card (which was presented at the time of rental). The Hirers/ Drivers, Electronic or physical signature will constitute authority to charge the card associated to the rental agreement. All charges are subject to final audit.
- 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 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 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.
- Hirer/ Driver is required to
i) always lock the Vehicle and secure all of its parts when it is left unattended;
ii) (not let anyone work on the Vehicle without Owner's express written permission. If Owner grants such permission, Owner will only give Renter a refund if Renter has a receipt for the work performed;
iii) check oil, AdBlue and water levels and tyre conditions and pressure at regular intervals during the Rental Period;
iv) stop using the Vehicle as soon as possible and contact Owner as soon as Renter becomes aware of any fault with or malfunction of the Vehicle. In particular, Renter must take into account any warning lights that may appear on the dashboard of the Vehicle;
v) bring the Vehicle back to the agreed return location specified in the Rental Agreement at the end of the Rental Period in the same condition as it was when it was handed over by Owner according to the condition description on the Rental Agreement. A member of Owner's staff will inspect the Vehicle to check the condition of the Vehicle. When returning the Vehicle to the return location during business hours, Renter will remain responsible for the Vehicle and its condition until the inspection is completed. If Renter is permitted to return the Vehicle to the return location outside of business hours, Renter remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff the next business day. If Renter chooses not to leave the Vehicle at an Owner branded location, Renter remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff;
vi) check that Renter has not left any personal belongings in the Vehicle before Renter returns the Vehicle;
vii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;
viii) where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle;
ix) not to unseal or tamper with the kilometer or mileage indicator.
- In case of accident or damage claim: The Hirer/Driver shall in the event of an incident that results in damage to the Vehicle procure that:
a) 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.
b) The driver of the vehicle completes and delivers to the Owner/Lessors address, the relevant accident report within 24 hours after the accident;
c) No admission of liability is made to any person in relation to such accident;
d) 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
e) 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.
f) 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
g) 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.
a) Owner has the sole right and responsibility to repair the Vehicle, and the decision as to whether to repair the Vehicle, and the timing of such repair (and whether multiple incidents of damage caused by different renters will be repaired at the same time), is at Owner's sole discretion.
b) In the event of damage to, loss or theft of, the Vehicle or of a part or accessory howsoever caused to the Vehicle, unless caused through Owner's own fault or by a natural event that is unpredictable and unavoidable ("Force Majeure"), Renter shall pay Owner on demand:
i) The value of the repair or replacement of the Vehicle, part or accessory (as applicable) calculated by either reference to our standard list for minor repairs available upon request
ii) Whatever the utilisation of the fleet, a sum for the loss of use for the vehicle hired.
- 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 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.
- in case of theft or loss of the Vehicle, an estimate of the pre-theft or pre-loss retail value of the Vehicle, as independently verified;
i) Any towing, storage and impound fees reasonably incurred by Owner as a result of the damage to, loss or theft of the Vehicle.
ii) Renter is liable to Owner for Owner's damages relating to third party claims arising out of or in connection with the rental of the Vehicle during the Rental Period
iii) if the Renter is in breach of the terms of this Rental Agreement or if the driver was not authorized to drive the Vehicle under the terms of this Agreement and to the extent Renter, or driver was at fault.
- 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 willfully putting the vehicle at risk in the opinion of the Owner/Lessor Including
- 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 Vehicle must not be used:
i) by anyone other than Renter or an Authorised Driver;
ii) to smoke in. The use of e-cigarettes in Vehicle is also prohibited;
iii) in a way to affect the good condition of the Vehicle, including by smoking;
iv) for carriage of passengers for hire or reward;
v) for deliberately causing personal injury or property damage or for any illegal purpose;
vi) for racing, pace making, testing the Vehicle's reliability and speed, or teaching someone to drive;
vii) while the driver is under the influence of alcohol, narcotics or drugs;
viii) to go to countries or places outside the United Kingdom; unless Owner gives Renter written permission;
ix) overloaded with more passengers than seatbelts, to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions;
x) to propel or tow any other vehicle or wheeled equipment, unless the Vehicle is fitted with a tow bar and Renter has express permission from Owner;
xi) on unpaved roads, racetracks, beaches, and test courses;
xii) to transport easily flammable, toxic, or otherwise dangerous substances other than minimum amounts for household use;
xiii) in a careless or reckless manner;
xiv) to drive through or over water or over any objects that Renter knew or ought to have known rise above the ground clearance of the Vehicle;
xv) To drive under a barrier lower than the overhead clearance of the Vehicle;
xvi) in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars;
xvii) to transport goods with a weight heavier than that authorised for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that you do not own for a fee without Owner's written permission; or
xviii) in contravention of this Rental Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
xix) Hirer/Driver will become liable for the full cost of repair, loss of use/ Market Value of the vehicle and all other charges applicable if the hirer breaks the terms of this agreement.
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. Terminus contract hire reserves the right to Terminate the Rental Agreement with immediate effect if the hirer or driver commit a material breach of the rental agreement of if Terminus Contract Hire deem there to be a security risk. Terminus Contract Hire may repossess the Vehicle, and Renter is liable for any costs incurred in repossessing it.
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.
Extensions If you have already Collected your vehicle and wish to keep it longer; you must contact Terminus contract hire and request an extension of the rental. All extension requests must be made 24 hours prior to your return date. All payments for extensions will be charged to the card registered on your account. Terminus Contract hire cannot guarantee the vehicle will be available for extension and may request the vehicle to be returned at the original contract date and time, but will try to accommodate the request where possible.
Late Returns Policy
There is a 29-minutes grace period for our rentals. If the Vehicle is returned outside of this period daily rental charges will be payable.
Please Note: Vehicles must be returned back during office our opening hours and Vehicles returned outside of our office hours will not be checked until the next working day and an additional days rental will be appliable.
All Confirmed bookings require a downpayment, if you cancel your booking more than 48 hours before the commencement of your hire, a full refund of any downpayment will be given.
If you cancel your booking less than 48 hours before your specified pick up time a cancellation fee of £50 will be applicable
Failure to collect your hire
If you fail to contact the office and you do not cancel your booking before your specified collection date Terminus contract Hire reserves the right to charge the full cost of the rental. A minimum charge of £100 is applicable for failing to notify us of cancelation.
Modifying a reservation
Terminus Contracts Hire where possible will try and accommodate any changes requested by the hirer to their booking. There may be a change in tariff as rental rates may time to time.
A Mileage allowance is applicable on all our hire vehicles. The hirer/Driver agrees to pay the excess mileage charge if the vehicle exceeds the Mileage allowance provided.
Administration Fee Policy
Any and all Road traffic and Vehicle violations that are incurred while the vehicle is on hire to the hirer will result in an administration charge of £25+ Vat. The administration charge is appliable on top of the fine charge and cannot be disputed even if the issuing authority decides to cancel notice after the owner has submitted representation. Hirer agrees that Owner, having notified Hirer via email of administration invoice, will compute, and debit all administration charges that arise from the result of the rental, from Hirers credit and/or debit card (which was presented at the time of rental). The Hirers/ Drivers, Electronic or physical signature will constitute authority to charge the card associated to the rental agreement.
Hirer/ Driver must return the hire vehicle in a satisfactory condition allowing full visibility to the vehicle's bodywork. All rubbish and personal belongings should be removed before Check-in. If you have been carrying a pet passenger, Vehicle upholstery should be vacuumed before return. Vehicles returned in an unacceptable condition (Dirty, Unhygienic, Food/beverage Spills, Excessive Pet Hair) Will incur a Valet charge of upto £50
Smoking is Illegal in Hire vehicles any Vehicles returned smelling of smoke or with evidence of being smoked in will incur a penalty fine of £50.
All hire vehicles come with complimentary breakdown cover. The Hirer is responsible for all recovery charges that are incurred due to false call outs or if the Hirer/ driver is not present with the Vehicle or if a recovery/ Breakdown attendance is required due to driver/hirer negligence.
All damage to the wheels and tyres, including punctures and blow-outs are the full responsibility of the hirer/Driver. Any replacement tyres must be of the same brand and type of tyre that was present on the vehicle at the time of collection from Owner.
Terminus Contract Hire records all telephone conversations for Training and Quality, Meeting Regulatory Requirements, Maintaining Evidence of Business Transactions, Prevention or Detection of Crime or Fraud. Telephone recordings may be used as evidence in court.
Lost Property Policy:
Terminus Contract Hire cannot be held liable for any property, including loss or damage, for items left on their premises or in its vehicles. Where possible, Terminus Contract Hire will make every effort to locate and contact the customer if any lost property is found in the hire vehicles or on the owners property. Lost items and property if found will be kept for no more than 30 days and then disposed of in accordance to disposal and recycling laws.