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Terms and conditions.
M&S VAN & TRUCK RENTAL LTD (HERIN CALLED THE LESSOR) HEREBY RENTS TO THE HIRER(S) AND THE HIRER TAKES ON THE RENTAL OF THE MOTOR VEHICLE HEREIN CALLED ‘VEHICLE’ SUBJECT TO ALL THE TERMS AND PROVISIONS OF THIS AGREEMENT
1. Your contract with us:
Hirer(s) signature on the form overleaf is hirer(s) acceptance of our terms and conditions.
Any alterations or additions to these terms and conditions must be made in writing and signed on our behalf.
2. Period of hire.
Hirer(s) will have the use of the vehicle described overleaf for the period shown in this agreement. This period may be extended, but the rental period must not exceed 30 days.
If the vehicle is not returned to us by the time and date due in stated on this agreement.
We will charge for every day at the current daily rate until the vehicle returned to us.
3. Your responsibilities to us.
a) hirer(s) is responsible to ensure that the correct tyre pressures, engine oil level, screen wash levels and coolant levels are maintained during the hire period.
b) hirer(s) must take care of the vehicle and its equipment against theft, keys must never be left in or on vehicle when not in use. You must set and use any security device supplied by the lessor or fitted to the vehicle you must always protect the vehicle against bad weather which can cause damage.
c) hirer(s) must always make sure you use the correct fuel.
d) hirer(s) shall not sell or offer for sale, dispose, assign, and mortgage or pledge the vehicle or equipment of any parts thereof.
e) hirer(s) are fully responsible for any damage caused by:
1. Striking any overhead or overhanging objects.
2. Any damage caused to tyres and tubes (fair wear and tear accepted).
3. Breakages to windscreens, windows or mirrors.
f) Even thought it may be on the lessors insurance, the hirer shall be liable to pay the cost of
the repairs or replacement for any damage suffered by the vehicle. As a result of wilful action
/ negligence of the hirer(s).
This responsibility is not excluded by collision damage waiver or by the lessor’s insurance.
g) hirer(s) must inform lessor within 24 hours, excluding public holidays of any loss of, or damage occurring to vehicle & of any fault, reasonably requiring repair during duration of hire, & must not under any circumstances in the case of damage or fault which makes the vehicle
un-roadworthy or liable to cause danger to any person or property use vehicle until such damage has been corrected or such fault has been repaired. Authorisation for expenditure in excess of £25.00 + v.a.t. must be obtained from lessor prior to the commencement of the repair.
h) hirer(s) must return the vehicle to us during opening hours. A member of our staff must check condition of vehicle, if hirer(s) return the vehicle out of hours hirer(s) will remain responsible for the vehicle and its condition until it is inspected by us.
i ) hirer(s) will return the vehicle together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear and tear accepted.
If vehicle requires more than standard valeting or the interior has been damaged in anyway you will be responsible for the cost of rectifying such damage.
4. Vehicle shall not be used:
a) For the carriage of passengers for hire or reward.
b) For any illegal purpose.
c) To carry a greater load & / or passengers than manufacturer’s recommendations.
d) To propel or tow any other vehicle or trailer.
e) For racing, pace making, reliability trails, speed testing or driving tuition.
f) For the carriage of goods for hire or reward if the vehicle exceeds 3,500 kgs g.v.w
unless a valid good’s vehicle Operators Licence is held.
g) Other than on a public highway or a suitable area which is designed to carry motor vehicles.
5. Vehicle shall not be used or driven by;
a) Any person who has given a false or fictitious name.
b) Any person other than the hirer who has signed this rental agreement or who has been nominated as a driver by hirer and approved by the lessor, or by a motor vehicle repairer in the event of a accident or breakdown.
c) any person who is over-tired or under the influence of alcohol, drugs, medication or any other legal or illegal substance impairing their consciousness or ability to react.
d) Any person not holding a full valid licence.
e) Any person under 25 years of age. Unless agreed by lessor.
f) Any person over 75 years of age.
g) Any person who has within the preceding period of three years been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed /suspended. Parking and not more than two speeding offences in the last 3 years can be ignored.
h) Any person who, whilst driving been involved in more than one accident in the last 3 years.
6. Personal property.
Lessor shall not be liable for loss of or damage to any property left, stored or transported by
the hirer(s) or any other person in or upon the vehicle either before or after the return of thereof
to lessor, hirer(s) herby agrees to hold lessor harmless from, & indemnify lessor against all claims based upon or arising out of such loss or damage. Any items left in vehicle will be kept for 7 days after which time they will disposed of.
7. Our responsibility to hirer(s)
a) We will provide a vehicle that where all reasonable steps have been taken to ensure
its roadworthiness and ensure it is maintained to at least the manufacturers recommendations.
b) if informed of a breakdown by the hirer(s) we will ensure that recovery / repairs are
carried out promptly.
c) if prompt repairs are not possible we will endeavour to supply a replacement vehicle
or allow the hirer(s) to terminate the hire.
d) the lessor will not be liable to the hirer(s) or any driver or third party for any loss
Hirer shall pay on demand the following charges:-
a) Rental charges, collision damage waiver & any additional charges specified in this agreement.
b) A mileage charge at the rates stated overleaf for the mileage covered by the vehicle from commencement of the hire until the Vehicle is returned to the lessor, the number of miles over which the vehicle shall have been be driven pursuant to this agreement will be determined by reading the standard manufacturers fitted speedometer. Should the speedometer fail then the mileage shall be accessed with a road map distance of the journey.
c) Lessor costs to repair collision & / or other damage to vehicle provides however if the vehicle is operated in accordance with all the terms hereof, hirer’s liability for such damage:
(1) Shall not exceed the maximum damage liability of £500 for each & every accident.
(2) Collision damage waiver insurance is optional. If accepted it will reduce your excess liability for damage to the vehicle to the amount stated overleaf. However you are still responsible for the non waivable excess amount stated overleaf. For each and every occurrence of damage.
d) any charges made by Customs & Excise & / or vehicle inspectorate as a result of seizure of the vehicle for illegal use by them, together with a loss of income charge whilst the vehicle is unavailable for rental.
e) Hirer shall be responsible for payment to the lessor of 80% of the rental charges while the vehicle is off the road undergoing repairs for damage or repair caused by negligence of the hirer.
9. Fixed Penalties
The Hirer shall be liable as owner of the vehicle in respect of:
a).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 the U.K and other European countries where travelling
b) All fines & court costs for parking, traffic / congestion or other offences incurred during the duration of the vehicle hire detailed in this agreement, except where caused through fault of lessor.
c) 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 or orders and any such offence committed under the equivalent legislation applicable to applicable to the U.K and other European countries where travelling
d) 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
e) any provision that may be replaced or amended in respect of the above act’s regulations or penalties, including the equivalent legislation applicable to applicable to the U.K and other European countries where travelling
10 .Using lessor’s insurance
Hirer participates as an insured under a motor vehicle insurance policy a copy of which is
available for inspection by hirer at the head office of lessor. Hirer agrees further to protect the interest of lessor and lessor’s insurance company in case of accident during the duration of this rental by:
a) Not admitting liability or guilt.
b) Making every endeavour to obtain names and addresses of parties involved & of witnesses.
c) Not abandoning vehicle without adequate provisions for securing & safeguarding vehicle.
d) Notifying lessor by telephone even in the case of slight damage.
e) Giving a detailed report including diagram to lessor.
f) Notifying the police immediately if another parties guilt has to be ascertained, or if
people are injured.
11. Using the Hirer’s Own Insurance
The Hirer undertakes to insure the vehicle, equipment and accessories to its full
Value for 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 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 hirers policy
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 insurers.
The agreement shall determine forthwith if a receiving order is made against the hirer
(or being a company goes in to liquidation, whether voluntarily or compulsorily) or if hirer shall call a meeting of his creditors or if any distress or execution is levied against any of his goods or if hirer shall not perform or observe all the stipulations herein contained on the part of the hirer to be performed or observed, but such determination shall not affect any then existing rights of lessor’s whether for damage or otherwise. In any of such events hirer shall forthwith return vehicle to lessor, failing which lessor shall be at liberty to retake possession of vehicle & for that purpose lessor, its servants & agents may without previous notice enter upon premises upon or in which the vehicle may be or may be believed to be situated & all costs & expenses incurred to the recovery of the vehicle incurred by the lessor shall be repaid to the lessor by hirer on demand.
13. Governing law
We aim to resolve all disputes amicably. If this is not possible, the law of England and Wales will apply and you agree to submit to the non-exclusive jurisdiction of the English courts.
14. GDPR Regulations
We are required by law (please specify) to hold details of your driving licence and insurance documents. We are required to retain these for a minimum period (please specify) of X years. This information will be held on secure data base stored off site. We do not provide this information to third party marketing organisations and it is only held in case it is required by the police or for legal or insurance purposes. The information held will be reviewed for elimination when the statutory period for its retention has expired.