1. In the Agreement the following terms shall have the meanings hereby respectively assigned to them.
Lessor: Sandicliffe Ltd t/a Feathers Vehicle Rental, Outer Circle Road, Lincoln, LN2 4LD
Hirer: The person named on the rental agreement.
Driver: The Hirer and/or other person named on the rental agreement, or any other person specifically approved by the Lessor to drive the vehicle during the duration of the agreement.
Vehicle: The original vehicle described on the rental agreement or any replacement vehicle.
Accessories: The spare wheel, tools, or any other items with which the vehicle is supplied and any replacements thereof.
Rental Period: The period from the date and time out stated on the rental agreement until the return of the vehicle into the physical custody of the Lessor.
Rental charges: The hire charges for the rental period calculated in accordance with the Lessor’s current tariff.
Refuelling Charge: Vehicles will be leased with a full tank of appropriate fuel and should be returned by the hirer the same. A surcharge will be added to the cost of the amount of ‘top-Up’ fuel needed when the vehicle is returned to the Lessor if this is not the case. Calculated in accordance with Lessor’s current tariff.
Excess Amount: A £500 insurance excess for cars, and £750 for commercial vehicles applies to all rentals in the event of an accident. The excess can vary if the vehicle is supplied from a subcontracting partner.
Collision damage waiver fee: A fee calculated in accordance with the Lessor’s Current tariff which limits the hirer’s liability to pay the excess amount to the amount of the non-waivable excess.
Non-Waivable Excess: The hirer’s liability will be limited to the amount of the non-waivable excess if collision damage waiver is purchased in accordance with the Lessor’s Current tariff or is part of an inclusive tariff rate offered by 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 rental location.
2. The Hirer acknowledges that
- The vehicle is fit for their purpose and undertakes to return it and its accessories to the place and on the date due back specified on the rental agreement.
- They have received the vehicle free from apparent defects or damage (except as indicated on collection).
- The Lessor has no liability in respect of any injury, loss or damage arising from the use of the vehicle, nor shall the Lessor be liable for any indirect loss or damage, or in the case of consumer, damage which was not foreseeable by both parties.
- The Lessor shall not be liable for damages arising from defects or mechanical failures which are attributable to any breech of the manufacturer’s warranty, or any warranty implied by law to take reasonable care or exercise reasonable skill.
3. During the rental period, the hirer shall keep the vehicle and all its accessories in their or any approved driver’s possession and free from legal process or lien and when not in use adequately protected and secured.
4.The hirer and any driver shall ensure that the vehicle will not be used:
- for hire or reward
- for racing, pace making, rallying, speed testing, driving tuition or similar purposes or for propelling any vehicle.
- towing any vehicle, trailer, or other object, unless agreed with the lessor in advance.
- in any manner which might render void the insurance policy, or other contract of insurance.
- for any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction.
- by any person who is not licensed to drive the vehicle, i.e.,
ii) is under 23 years of age or over 77
iii) is under the influence of drink or drugs
iv) has given a fictitious name, age or address has not been approved by the Lessor as a driver
vi) has been convicted of a motoring offence the details or which have not been disclosed in writing to the Lessor at the commencement of hire
- Outside England, Wales, or Scotland without prior written consent of the Lessor.
5. The hirer agrees to pay on demand;
- Rental charges
- Any appropriate collision damage waiver insurance fees, and any refuelling and miscellaneous charges.
- The excess amount in respect of each incident resulting in damage to or loss of the vehicle, its accessories or any property left stored or transported in or upon the vehicle.
- All fines and court costs incurred in relation to the vehicle by the Hirer or Lessor from the commencement of the rental until the vehicle is returned to the Lessor. Any unpaid fines by the Hirer that are settled by the Lessor, the Hirer is liable to administration fees starting from £25 in addition to the original fine. All fines received and represented by the Lessor will incur administration fees starting from £25.
- A £35 valeting charge where the vehicle’s interior is returned in a dirty or sub-standard condition, or where the non-smoking policy has been breached.
- Any value added tax, local or other taxes payable in respect of any of the above.
6. The Hirer shall compensate the Lessor in full on demand for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue to the Lessor for the period during which the vehicle shall remain unavailable for rental by reason of such matters and any claims made by any persons in respect of the vehicle whilst it is in the hirer’s custody. This clause applies whether you have insurance or not.
7. The Hirer and any driver shall:
- Ensure compliance with the terms, conditions, and limitations of the insurance policy, which shall be deemed to be included in the agreement as if the same were fully set out herein.
- Inform the Lessor immediately of any loss or damage to or fault developing in the vehicle.
- At the request and cost of the Lessor permit to be done in their own name all acts and things as may be reasonably required by the Lessor for the purposes of repairing the vehicle or enforcing any right or remedies or of obtaining relief from other parties in respect of any loss of damage to or in connection with the vehicle or its accessories.
- Indemnify the Lessor against any loss incurred by reason of any breach of the Agreement by the Hirer or any driver.
- Ensure that maximum payload and individual axle plated weights are not exceeded.
- Be responsible for the loading or unloading of the vehicle.
- Obtain or maintain any necessary operator’s licence.
- Check fluid levels every 1,000 miles. Any damage resulting from negligence to comply with this will result in the Lessor charging full repair costs to the hirer.
- The hirer must refuel the vehicle with the appropriate class of fuel, and this amount will be paid for by them in all cases. Any cost, resulting from the use of inappropriate fuel shall be met by the hirer.
8. The Hirer and any driver shall not:
- Without prior consent of the Lessor incur any liability for repairs to the vehicle in excess of £25.
- Be the agent or servant of the Lessor for any purpose.
- Make any claim for loss off or damage to any property left stored or transported in or upon the vehicle unless due to our negligence.
9. Even if a collision damage waiver fee is paid, the hirer shall be responsible for payment of any excess amount where the loss of or damage to the vehicle or their accessory arises from the negligent or wilful action of the Hirer or any driver.
10. The period of hire as specified on the agreement shall not be extended without the Lessor’s express authorisation in writing and in any event the period of this agreement shall not exceed 90 days.
11. HGV Driving licence is required for all vehicles over 7.5 tonnes gross vehicle weight. HGV Driving licence MUST be accompanied by a current and valid ordinary driving licence.
12. Where the Hirer elects to use their Company’s own insurance, the hirer will provide a copy of the relevant Certificate of Motor Insurance to the lessor before the period of hire. The own insurance policy should be adequate, fully comprehensive cover, in place from the commencement of the hire period until 6 working hours after the scheduled agreement end. It is the Hirer’s responsibility to inform their insurance company of the inclusion of the hire vehicle detailed on the agreement on their own Certificate of Insurance.
13. The Lessor reserve the right to charge mileage which exceeds a normal daily average mileage. For rentals in excess of 28 days this is deemed to be 2,000 miles for each 28-day period. A 10p per mile excess charge applies thereafter.
14. If the hirer does not comply with any of these conditions they shall return the vehicle to the Lessor immediately and pay to the Lessor on demand any loss it suffers in respect of the hirer’s non-compliance, failing which the Lessor shall be at liability to retake possession of the vehicle and all costs and expenses incidental to recovery of the vehicle shall be repaid by the Hirer to the Lessor on demand.
15. Any addition to or alteration of the terms and conditions of the agreement should be agreed upon in writing by the parties.
16. Nothing in these terms and conditions shall be deemed to exclude or restrict the Lessor’s liability for death or personal injury resulting from negligence or any other liability of the Lessor which cannot be excluded as a matter of law.
17. The Lessor will not be liable to the hirer for failure to provide a vehicle due to events outside the Lessor’s control. The Lessor reserves the right in such circumstances to substitute comparable vehicles where possible and if necessary.
18. If the hirer commits any breach of this agreement, the Lessor may without notice retake possession of the vehicle and any documents relating to the vehicle and for such purposes may enter upon premises belonging to or in the occupation or control of the hirer.
19. By entering into this rental agreement, you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets. You agree that if you break the terms of this agreement, we can pass your personal information to credit reference agencies, debt collectors, the police, or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act.”
THESE TERMS AND CONDITIONS ARE PART OF THE RENTAL AGREEMENT