RENTAL TERMS & CONDITIONS
This is a copy of the Terms and Conditions document that all hirers will be required to sign.
Any bookings made through Hareclive Vehicle Rental are based on the acceptance of the terms and conditions by the hirer.
1. Your contract with us
When you sign the form over the page you accept the conditions set out in this
rental agreement.
Please read this agreement carefully. If there is anything you do not understand
or do not agree with, please ask any member of staff at the place you rented the
vehicle from.
2. Rental period
You will have the vehicle for the rental period shown in the agreement. We may
agree to extend this rental period but the rental period may never be more than
30 days.
If you do not bring the vehicle back on time you are breaking the conditions of
this agreement. We can charge you for every day or part-day you have the vehicle
after you should have returned it to us. Until we get the vehicle back we will
charge you the daily rate published at the place you have rented the vehicle
from.
3. Your responsibilities
a) You must look after the vehicle and the keys to the vehicle. You must always
lock the vehicle when you are not using it, and use any security device fitted
to or supplied with the vehicle. You must always protect the vehicle against bad
weather which can cause damage. You must make sure that you use the correct
fuel.
b) You are responsible for any damage to the vehicle caused by hitting low-level
objects, such as bridges or low branches.
c) You must not sell, rent or dispose of the vehicle or any of its parts. You
must not give anyone any legal rights over the vehicle.
d) You must not let anyone work on the vehicle without our permission. If we do
give you permission, we will only give you a refund if you have a receipt for
the work.
e) You must let us know as soon as you become aware of a fault in the vehicle,
and not use the vehicle while it is in an unroadworthy condition.
f) You must bring the vehicle back to the place we agreed, during the opening
hours displayed at that place. One of our staff must see the vehicle to check
that it is in good condition. If we have agreed that you may return the vehicle
outside business hours, you will remain responsible for the vehicle and its
condition until it is reinspected by a member of staff.
g) You will have to pay for reasonable costs of repair (charges available at
Renting Location) if:
- we have to pay extra costs to return the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition); or
- you have damaged the inside of the vehicle.
h) Before you bring back the vehicle you must check that you have not left any
personal belongings in the vehicle.
i) If the rental is extended beyond 30 days you must notify us of the mileage of
the vehicle. We reserve the right to substitute a suitable replacement vehicle
where necessary.
j) In the event that a vehicle on rent reaches the mileage at which a routine
service is due you must ensure we are notified and that the vehicle can be made
available for maintenance to be carried out. A replacement vehicle will be
provided at the companies discretion.
4. Our responsibilities
We have maintained the vehicle to at least the manufacturer's recommended
standard. We assure you that the vehicle is roadworthy and suitable for renting
at the start of the rental period.
Should the vehicle breakdown due to mechanical failure during the rental period
(Mainland UK only), we will arrange as soon as reasonably practical after being
informed of a breakdown:
a) Recovery and repair of the rented vehicle so that it is rendered functional,
to a satisfactory extent, for the remainder of the rental period and/or,
b) Where the rental vehicle cannot be repaired, provision of a replacement
vehicle, of an equivalent standard and size to the rented vehicle, to the
customer for the remainder of the rental period. Provision of this service in
circumstances other than those above shall be at the discretion of the Rental
Location.
Also, if you are not renting the vehicle for business purposes, we are
responsible for loss caused by:
- the vehicle not being of the quality that you would be entitled to expect from a rental vehicle:
- the vehicle not matching our description of it:
- the vehicle not being fit to drive; or
- us not having the legal right to rent out the vehicle.
We are responsible if someone is injured or dies as a result of our negligence,
act or failure to act. We are also responsible for losses you suffer as a result
of us breaking this agreement if the losses are a foreseeable consequence of us
breaking the agreement. Losses are foreseeable where they could be contemplated
by you and us at the time the vehicle is rented. We are not responsible for
indirect losses which happen as a side effect of the main loss or damage and
which are not foreseeable by you and us (such as loss of profits or loss of
opportunity).
5. Property
We are only responsible for loss or damage to property left in the vehicle if
the loss or damage results from our negligence or a breach of contract.
6. Conditions for using the vehicle
The vehicle must only be driven by you and any other driver named over the page,
or by anyone else we authorise in writing. Anyone driving the vehicle must have
a full valid driving licence.
You or any other authorised driver must not:
- use the vehicle for hire or reward;
- use the vehicle for any illegal purpose;
- use the vehicle for racing, pacemaking, testing the vehicle's reliability and speed or teaching someone to drive;
- use the vehicle while under the influence of alcohol or drugs;
- drive the vehicle outside England, Scotland and Wales, unless we have given you written permission;
- overload the vehicle in respect of number of persons or beyond the manufacturer's maximum weight recommendations and make sure that the load is secured safely;
- if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator's licence if you do not have one.
7. Towing
You or any other authorised driver must not use the vehicle for towing unless we
have given you written permission.
8. Charges
We work out our charges using our current price list, please ask at your Renting
Location for details.
You will pay the following charges.
a) The rental and any other charges we work out according to this agreement.
b) Any charge for loss or damage resulting from you not keeping to condition 3.
c) A refuelling service charge if you have used, and not replaced, the quantity
of fuel that we supplied at the start of the original rental. If the vehicle has
been delivered you are liable for the cost of fuel from when the vehicle leaves
the Rental Location until such time it is returned to the Rental Location. As at 1.8.08 fuel is charged at £1.65 per litre (incl VAT).
d) All fines and court costs for parking, traffic or other offences (including
any costs which arise if the vehicle is clamped). You must pay the appropriate
authority any fines and costs if and when the authority demands this payment. If
you do not, you will be responsible to pay our reasonable administration charges
which arise when we deal with these matters.
e) The reasonable cost of repairing any extra damage which was not noted on our
vehicle check form at the start of the agreement, whether you were at fault or
not (depending on 4). And the reasonable cost of replacing the vehicle if it is
stolen, depending on any insurance you have (as set out in 9), if and when we
demand this payment.
f) A loss-of-income charge, when we demand it, if we cannot rent out the vehicle
because it needs to be repaired, it is a write-off (can't be repaired) or it has
been stolen and we are waiting to receive full payment of the vehicle's value.
We will only charge you for loss of income if we can't get back the losses under
the Insurance Programme. We will charge you at the published daily rate and we
will always do everything we can to make sure the vehicle is repaired or we get
payment as soon as possible.
g) Any charges arising from Customs and Excise or Vehicle Inspectorate seizing
the vehicle, together with a loss-of-income charge while we cannot rent out the
vehicle, if and when we demand this payment.
h) Any published rates for delivering and collecting the vehicle.
i) Interest which we will add every day to any amount you do not pay us on time,
at the rate of 4% a year above the base lending rate of Barclays Bank from time
to time.
j) Value added tax and all other taxes on any of the charges listed above, as
appropriate.
You are responsible for all charges, even if you have asked someone else to be
responsible for them.
You can get details of our Insurance Programme from the office you rented the
car from.
9. Our insurance
If we arrange separate insurance, we will give you separate information on the
insurance cover and any restrictions which may apply. Otherwise, the conditions
of our insurance programme will apply. By signing the agreement over the page
you are accepting the conditions of our insurance programme.
a) We have a legal responsibility to have third party insurance. This provides
cover for claims made if you injure or kill anybody, or damage their property
(cover for damage to property is limited to £5,000,000).
b) We will provide cover for loss or damage to the vehicle if you have
initialled the line marked ´Insurance Declaration´ over the page. If you accept
this, you still have to pay an amount up to the ´excess´ every time you damage
the vehicle.
The excess amount you have to pay in each case is shown over the page.
10. Your own insurance
If we have agreed as indicated under ´insurance details´ over the page you may
arrange your own insurance for the full duration of the rental as long as you
can prove that this insurance is valid and have signed to confirm over the page.
Cover must be comprehensive.
Any excess on the policy is your responsibility.
We must be satisfied with the cover and policy conditions, and you must not
change them. We may ask your insurers to record our name as owners of the
vehicle. If the vehicle is damaged or stolen you will let us negotiate with the
insurers about whether the vehicle can be repaired or what compensation is due
to us. You are financially responsible for settling the full claim and paying
all costs if the policy you have arranged fails and the vehicle is damaged, lost
or stolen, or a claim as made by any other party.
It is your responsibility to ensure that nay vehicle rented for more than 14
days is registered on the Motor Insurance Database (MID).
11. What to do if you have an accident
If you have an accident you must not admit responsibility. You should get the
names and addresses of everyone involved, including witnesses. You should also:
- make the vehicle secure
- tell the police straight away if anyone is injured or there is a disagreement
- over who is responsible; and
- call the office from which you rented the vehicle, straight away.
You must then fill in our accident report form and return it within 48hrs to the
Renting Location.
12. Data Protection
You agree that we may use any information you have given us to carry out our own
market research. If you break the agreement we can give this information to
credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA),
debt collectors and any other relevant organisation. We can also give this
information to the British Vehicle Rental and Leasing Association (BVRLA), who
can pass it on to any of its members for any purpose shown in the Data
Protection Act 1998.
13. Ending the agreement
a) If you are a consumer we will end this agreement straight away if we find out
that your belongings have been taken away from you to pay off your debts, or a
receiving order has been made against you. We may end this agreement if you do
not meet any of the conditions of this agreement.
b) If you are a company, we will end this agreement straight away if:
- you go into liquidation;
- you call a meeting of creditors;
- we find out that your goods have been taken away from you until you pay off your debts; or
- you do not meet any of the conditions of this agreement.
c) If we end this agreement it will not affect our right to receive any money we
are owed under the conditions of this agreement. We can also claim reasonable
costs from you if you do not meet any of the conditions of this agreement. We
can repossess the vehicle (and charge you a reasonable amount) without using
unreasonable force or causing damage.
14. Governing law
This agreement is governed by the laws of the country in which it is signed. Any
dispute may be settled in the courts of that country.