SPECIALIST CAR HIRE LTD TERMS AND CONDITIONS
The hirer shall be bound to the following terms and conditions, which incorporate the details, and terms shown overleaf. Any dispute concerning the interpretation of the terms of this agreement shall be governed and construed in accordance with the laws of England and Wales.
In these terms and conditions: “We” is Specialist Car Hire LTD and “You” are the hirer mentioned overleaf. “Vehicle” means the Vehicle detailed overleaf.
The Hirer agrees
1. That they have inspected the Vehicle and that the Vehicle is handed out in good condition save for the defects that are marked on the Vehicle out details overleaf.
2. We are under no obligation to provide any particular colour of Vehicle.
3. No refund will be allowed.
4. If You have indicated overleaf that You want us to provide cover for the Vehicle and/or additional insurance cover for the Vehicle and/or additional insurance then the following terms apply:
a) This agreement is subject to and includes all the terms of our insurance policies copies of which can be inspected at our office.
b) The Vehicle can be driven by the following people:
i. You personally, or
ii. The person who signed the agreement on your behalf if You are a company, or
iii. Any additional driver authorised by us IF that person has completed an insurance proposal form and We have accepted it.
c) Our insurance will not give You complete cover. The amount for which You are not covered is called the Excess. Our insurance does not cover for the death, personal injury, medical expenses and personal losses connected to the Vehicle.
d) If You or anyone on your behalf causes any damage to or loss of the Vehicle including fire, theft to or from the Vehicle and loss of revenue as a result should the Vehicle remain unavailable for rental for more than two weeks You will have to pay for the cost of repair, replacement and any resulting loss of revenue (at the same rate detailed overleaf) unless effective insurance is provided to cover such eventualities.
5. If You have indicated overleaf that You want to provide your own insurance for the Vehicle then the following terms will apply:
a) It is your responsibility to insure the Vehicle from the moment You take the Vehicle until the time it is returned to us. You must insure the Vehicle to its full value against loss or damage (including windscreen damage) by accident, fire or theft under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever WE ask for them, and You must tell the insurance company to note our interest on the policy.
b) You are hereby authorising to communicate directly with us and give us any information We require. You also authorise us to take over any claim, which You may have, which relates to the Vehicle, and to negotiate and settle that directly with your insurer
c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy, which relates to the Vehicle then you must ensure that the money is paid directly to us.
d) If You do not insure the Vehicle comprehensively, and We suffer loss as a result You must compensate us for that loss. If for any reason the amount We receive from the insurance company is less than the loss We suffer than You must pay us the difference.
6. Any person signing this agreement on behalf of the company or You must be authorised to do so, and if not so authorised will be personally liable to pay all the sums due under the agreement to the extent that the company or You fails to pay them is joint and severally reliable with You under this agreement.
7. The maximum period for which You are allowed to keep the Vehicle under this agreement is from the Date and Time Out overleaf to the Date and Time In overleaf. The rental day is computed as multiples of 24 hours. The rental day ends 24 hours after the inception of this agreement. If the Vehicle is returned late, a new rental day is payable in full.
However
a) We are entitled to terminate this agreement if You break any of its terms, and You must return the Vehicle immediately.
b) We are entitled to call the return of the Vehicle earlier than the date due back, even if You have not broken any of the terms of this agreement.
c) In any event the maximum period for which You may hire the Vehicle is 90 days (subject to other agreement)
8. If You keep the Vehicle beyond the date and time due back overleaf or after We have required its return as above then, in addition to any claim for compensation, which We may bring, You will have to pay charges in accordance with our current tariffs, which can be inspected at our office.
9. We are not liable to You for any loss of or any damage to property, which is carried in the Vehicle, and We do not accept responsibility for any property, which You leave in the Vehicle when You return it. We are not liable for any injury, loss or damage whatsoever arising from the use of the Vehicle nor shall We be liable for any direct, indirect or consequential loss or damages caused in connection with the use of the Vehicle. If any third party brings a claim against us in this respect, You must indemnify us for that claim.
10. The Vehicle must not:
a) Be taken outside England, Wales, Scotland, and Northern Ireland and any British Isles on which the hiring commenced, without our prior written permission. Traveling in Europe attracts an ‘additional’ insurance fee (details overleaf.)
b) Be used otherwise than on a public highway or a suitable paved area which is designed to carry motor vehicles or be used to propel or tow any other vehicle or trailer, unless it is equipped for the purpose and We have given our permission.
c) Be used to carry passengers for hire or reward or for any driving tuition, unless You obtain our prior written permission and You must provide your own insurance under clause 5 of this agreement.
d) Be used for any unlawful purpose, or for racing, pace making, competitions, or speed testing, nor must it be used in any unlawful manner.
e) Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry.
f) Be used in such a way as to make the insurance (or any warranty) on the Vehicle invalid.
g) Be used in breach of the road traffic legislation or construction and use regulations or by any person who is not licensed and insured to use it or any person who is under the influence of alcohol and/or drugs.
h) Be used in the event of any mechanical, electrical or structural failure or damages, if further damage might be caused.
i) Be altered or added to any way whatsoever.
11. You are not allowed to carry out any repairs to the Vehicle (or let anyone else do so) unless You get our written permission first. If We do authorise any repairs than We will refund the cost to You if You produce a VAT receipt and whatever parts have been replaced.
12. If You break any of the terms of this agreement We are entitled to treat the agreement as terminated and to repossess the Vehicle. You hereby authorise to enter onto your property to do so if required.
13. You are liable for certain charges as if You are the owner of the Vehicle. Those charges are:
a) Any fixed penalty offence committed in respect of the Vehicle under part III of the Road Traffic Offenders Act 1998 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable in Scotland, Northern Ireland or any other British Isles upon which the Vehicle is being used.
b) Any excess charge which may be incurred in respect of that Vehicle in pursuance of a Order under section 45 and 46 of the Road Traffic Regulation Act 1984, or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable in Scotland, Northern Ireland or any other British Isles.
c) Any financial penalty or charge which may be demanded by a third party as a result of the Vehicle having been parked or left upon land which is not a public road.
14. You Must:
a) Pay the hiring charges published in our tariffs (which can be inspected in our office) unless different charges have been agreed between us in writing.
b) Pay for all fuel and any refueling charge and for any accessories, tyres, tools or equipment, which are lost, stolen or damaged.
c) Pay our costs for recovering the Vehicle in the event You fail to return it to us as required by (I) below.
d) Pay any penalties, fines and court cost incurred in the use of the Vehicle before it is returned to us together with any fees imposed by us or our agents for managing, dealing with or settling such penalties (typically £ 30 per parking offence).
e) Safeguard our interest in the event of any accident involving the Vehicle, by obtaining the names and addresses of all the relevant drivers and witness details including registration numbers of any other vehicles involved, securing the Vehicle, and where appropriate notifying the police.
f) Ensure that correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
g) Ensure that the Vehicle is always locked when unattended, stow all goods out of sight so as not to make the Vehicle a target for theft or vandalism and take all reasonable steps to prevent loss or damage to the Vehicle, or it tyres, tools, accessories, equipment or contents.
h) Inform us immediately if the Vehicle is damaged, lost or stolen, or develops and faults or requires any servicing, allow us to carry out any essential repairs or servicing and ascertain the cause of the fault. Our expert’s opinion will be binding and final in this respect. Should You fail to notify us in accordance with this clause the agreement will immediately terminate and We will be entitled to presume You caused the fault. You will be held liable for any loss suffered as a result. We are under no obligation to provide a replacement Vehicle. This will be at our discretion and subject to availability.
i) Return the Vehicle (together with all accessories, tyres, tools, and equipment) to our representative at the place where it was hired (unless a different place is agreed) during our business hours, at or before the Date and Time Back In overleaf or earlier if We require it. The Vehicle must, when You return it, be in the same condition as when You hired it (fair wear and tear accepted), and must be clean and tidy. We reserve the sole right to judge any damage sustained during the rental period as “fair wear and tear” or chargeable under the conditions of the Accidental Damage Excess.
Motor insurance and their agents share information with each other to prevent fraudulent claims and to assess whether insurance cover can be offered. In dealing with the proposal, registers may be searched. In the event of a claim the information supplied on this form and the claim form may be put on the register and made available to others.
Insurers and their agents reserve the right to confirm license details with the DVLA.
