In this Agreement:
“Associated Company” means any undertaking in relation to which the assigning party is a parent undertaking or which is a parent undertaking of that party or which is a subsidiary undertaking of any parent undertaking of that party where “subsidiary undertaking” and “parent undertaking” have the meanings given them by sections 258 Companies Act 1985 as construed in the light of sections 259 and 260 of that Act including also the Customer’s divisions and internal cost centres;
“Customer” means the Customer and in the event that the Customer is a registered company, any subsidiary or associated company notified to the Supplier in accordance with clause 11 of this Agreement.
“DLW” means damage liability waiver.
“Owner” means the owner of the Vehicle being a car rental company and a sub-contractor of the Supplier.
“Owner’s Cover” means DLW and TPI in respect of the Vehicle which may be provided by the Owner on request by the Customer upon such terms and conditions as are in force from time to time.
“Term” means a period of 3 months or less.
“TPI” means third party insurance relating to third party motor liability.
“Vehicle” means the vehicle or vehicles hired by the Supplier on short term hire (daily rental) to the Customer.
The Customer shall pay to the Supplier the current rental charge at the daily rates for the Vehicle as agreed between the Supplier and the Customer, details of which are available to the Customer upon request and subsequently confirmed in writing sent by post to the Customer for each Rental Day of hire or part of any such Rental Day. The Supplier reserves the right to review rates at any time. In the event that subsequent to a review, there is a change in rates the Supplier will notify the Customer of such change.
The Customer shall pay to the Supplier within 20 days of invoice date by direct debit, or such other method as the Supplier may specify:-
(a) the rental charge in accordance with clause 2 above;
(b) any other charge or sum which may become due from time to time under this Agreement; and
(c) value added tax and all other taxes and levies on any of the charges listed above, as appropriate.
In certain circumstances, additional charges at the prevailing rate are payable by the Customer to the Supplier. Such charges are set by the Supplier from time to time (details of which are available upon request) and relate to, inter alia the following non-exhaustive list:-
(a) Delivery and Collection – The Supplier will charge for delivery and collection of the Vehicle. The Supplier reserves the right to vary, amend or include additional charges for delivery and collection and where this occurs will give reasonable notice of the amendments to the Customer;
(b) any fuel originally supplied by the Supplier used by the Customer and not replaced;
(c) any parking, speeding fines or other fines relating to motoring offences, court costs and other costs associated with such fines plus an admin fee;
(d) the supply of a Vehicle fitted with accessories at the request of the Customer, for example, a tow bar or child seat;
(e) the cost of replacement keys for the Vehicle (and any loss of rental whilst the Vehicle is out of use as a result of lost keys);
(f) cancellation of a booking/delivery with less than 2 hours notice and cancellation of a collection with less than 2 hours notice;
(g) late return (ie 59 minutes or more) of the Vehicle;
(h) airport service charge;
(i) Government surcharges and miscellaneous surcharges;
(j) damage to the exterior or interior of the Vehicle;
(k) the full cost of repairing or replacing the Vehicle if it is damaged or stolen (and if the insurance/cover shall be insufficient to cover the cost of repair or replacement, the Customer shall pay an amount equal to the shortfall to the Supplier on demand); and/or
(l) loss of income which the Owner suffers and liabilities that the Supplier incurs (to the Owner or otherwise) whilst the Vehicle is unavailable for rental due to the Customer’s act, error or omission;
(m) one-way bookings;
(n) excess mileage over and above normal daily mileages;
(o) replacement glass and tyres.
The Supplier reserves the right to review these charges at any time.
If any amount due from time to time under this Agreement shall be unpaid after becoming due, interest shall be charged on such amounts as are due and unpaid (both after as well as before any judgment) at the rate of 3% per annum above the HBoS plc or its successor’s base rate from time to time prevailing from the date on which such amounts became due until payment is made in full to the Supplier. Such obligation shall be independent of and shall not merge with any judgment.
The Customer shall throughout the term either:
(a) insure the Vehicle under a fully comprehensive insurance policy for the full value of the Vehicle against loss or damage by accident, fire or theft; or
(b) take the Owner’s Cover which if required must be requested at the time of reservation/booking. In this case, the Customer must ensure that the Owner’s rental agreement is signed as Owner’s Cover being applicable failing which the Customer will be deemed to have insured the Vehicle under a fully comprehensive insurance policy.
(c) insure the Vehicle on a third party basis as previously agreed and confirmed in writing by the Supplier to the Customer.
All prices quoted are based on the former ie Customer’s comprehensive insurance. Additional charges will apply if the Owner’s Cover is taken out. Additional requirements and driver qualification issued by the Owner will also apply. The Customer must notify the Supplier if it changes insurer or any insurance policy alterations are made and must provide details to the Supplier.
The Customer will be responsible for the safekeeping of the Vehicle until 12 noon on the working day after termination of the hire of a Vehicle under this Agreement (regardless of whether the Vehicle is a car or a van) or when the Vehicle is collected whichever is the sooner, and shall procure that such insurance/cover continues during that period.
The Customer shall not use or permit the Vehicle to be used in contravention of the terms and conditions relating to any such policy of insurance/cover or do anything which would render void any such policy of insurance/cover, and shall procure that any compensation under any such insurance/cover is paid directly to the Supplier. The Customer shall be responsible for any shortfall and any excess under any applicable insurance/cover.
For the avoidance of doubt, regardless of the insurance/cover position, the Customer shall remain liable for and shall indemnify the Supplier against all or any of the following:
(i) any loss or damage to the Vehicle howsoever arising;
(ii) all loss, damage or expense (including legal costs on a full indemnity basis) incurred or sustained by the Supplier as a result of any claim made or brought by any third party arising out of the use, state or condition of the Vehicle;
(iii) all costs and expenses (including legal costs on a full indemnity basis) incurred or sustained by the Supplier re-taking possession of the Vehicle and in enforcing any other terms of this Agreement.
If the renter has chosen to pay in a currency other than that used by “The Hire Car Company” when the quote was prepared, the exchange rate used is based on the Citibank wholesale rate plus 4% with this currency conversion service being provided by “The Hire Car Company”.
It is the Customer’s responsibility to notify the Owner to request a time and date for termination of the hire of a Vehicle under this Agreement. The Customer must also notify the Owner of the collection address. The Customer shall remain liable for the hire charges until termination is so effected and the Customer has received a reference number from the Owner. The Customer shall also remain liable to the Supplier for the full value of the Vehicle in accordance with Clause 6 and also any additional charges in Clause 4 which may be incurred until the Vehicle is collected eg statutory fines. Should the Vehicle be unavailable for collection at the appointed date, time or address of termination, the Customer shall pay to the Supplier in accordance with Clause 4 of this Agreement the Supplier’s charge in force at the prevailing rate for such failed collection.
Either party may terminate this Agreement if:
(a) the other party being a company appoints a receiver(s) or administrative receiver(s) or calls a meeting of creditors or a petition is presented for the making of an administration order in respect of it or for its winding up or a resolution for its winding up is passed by its shareholders or anything analogous to the events in the clause shall occur; or
(b) the other party being an individual has goods taken away to pay debts or has a receiving order made; or
(c) the other party is in material breach of any of the terms of this Agreement, such breach not remedied within 30 days of request for remedy.
(a) The Customer must make a booking for a Vehicle in accordance with the Supplier’s procedure, details of which are available upon request.
(b) The Customer must look after the Vehicle, lock the Vehicle when it is not in use, use any security device fitted to or supplied with the Vehicle and use the correct fuel for the Vehicle.
(c) The Customer is responsible for any damage sustained to any part of the Vehicle.
(d) The Customer must ensure that all authorised drivers have a valid UK driver’s licence.
(e) The Customer or any authorised driver must not sell, rent or dispose of the Vehicle or part thereof.
(f) The Customer must not use, or permit the Vehicle to be used, for hire or reward, any illegal purpose, off-road (unless the Vehicle is specified for off-road purposes), racing, pace making, competitions or speed testing, teaching someone to drive, or use the Vehicle, or permit it to be used, under the influence of alcohol or drugs.
(g) The Customer must not overload the Vehicle, or permit it to be overloaded, with passengers and/or baggage.
(h) The Customer must not drive the Vehicle, or permit it to be driven, outside mainland UK without the prior written permission of the Supplier. In the event that permission is granted, there will be additional charges and costs details of which are available from the Supplier.
(i) The Customer must not work on or repair, or let anyone work on or repair, the Vehicle without the Supplier’s written permission.
(j) The Customer must let the Owner know as soon as he becomes aware of any defect or damage to the Vehicle.
(k) The Customer must pay for any repairs to the Vehicle if it has been damaged either internally or externally (whether or not it is the Customer’s fault).
(l) The Customer will sign a vehicle condition form, upon delivery and collection of the Vehicle.
Where the Customer makes a booking on-line using the Suppliers prescribed on-line booking facility and in accordance with the Suppliers on-line booking procedures the following provisions shall apply in addition to the remaining provisions of this Agreement:
(a) the current rental charges at the daily rates for the Vehicles as agreed between the Supplier and the Customer shall apply.
(b) any bookings terminations and/or alterations made under the Customer log-in shall be the sole responsibility of the Customer and the Supplier shall be entitled to treat such bookings terminations and/or alterations as made by the Customer.
(c) the Customer shall be solely responsible to ensure that any erroneous or no longer required bookings are cancelled within the time limits set by the Supplier from time to time for that purpose failing which such bookings will be charged at the current rental charges at the daily rates for the Vehicles as agreed between the Supplier and the Customer until the hire is terminated in accordance with the provisions of this Agreement.
(d) the Customer shall ensure booking requests are authorized within the timescales agreed for this purpose from time to time.
(e) the Customer shall have regard to the Daily Due Back Report and the Overdue Report and agrees that the current rental charges at the daily rates for the Vehicles as agreed between the Supplier and the Customer shall apply until the hire is terminated in accordance with the provisions of this Agreement.
The Supplier will provide full 24 hour Accident and Breakdown cover for each Vehicle as defined on the rear of the Vehicle’s Tax Disc holder. The Customer shall not repair or seek to have any repairs undertaken upon a Vehicle without the prior written authorisation of the Owner but shall report any such damage to the Owner and the Supplier. If the breakdown is caused as a result of the driver abuse, misuse, negligence etc, then the cost shall be recharged to the Customer. In addition, the Customer will be responsible for any loss of use charges levied by the Owner to the Supplier.
The Supplier shall take all reasonable steps to provide the Customer with a well maintained Vehicle and shall be responsible without limitation if someone dies or is injured as a result of its negligence. For other damage/loss, the Supplier shall be responsible if the damage/loss is as a result of its negligence. However, it limits its liability to the revenue generated under this Agreement. In addition, the Supplier shall not be responsible for any indirect or consequential loss caused by any breach of this or any other obligation of the Supplier under this Agreement.
The Supplier shall provide the services detailed in this Agreement to the Customer’s Associated Company as notified to the Supplier by the Customer from time to time PROVIDED ALWAYS that the Associated Company complies with the terms of this Agreement and is jointly and severally liable for the discharge of the Customer’s obligations under this Agreement. The Customer undertakes to inform the Supplier of any changes to the group structure which materially affect the Supplier and any changes in ownership of the Associated Company. Any costs resulting from failure to inform the Supplier of such changes shall be borne by the Customer.
The Supplier shall provide the services detailed in this Agreement to the Customer’s Associated Company as notified to the Supplier by the Customer from time to time PROVIDED ALWAYS that the Associated Company complies with the terms of this Agreement and is jointly and severally liable for the discharge of the Customer’s obligations under this Agreement. The Customer undertakes to inform the Supplier of any changes to the group structure which materially affect the Supplier and any changes in ownership of the Associated Company. Any costs resulting from failure to inform the Supplier of such changes shall be borne by the Customer.
(a) If any part of this Agreement is found to be unenforceable or contrary to law all the remaining terms and conditions will continue in force.
(b) No waiver by either party to exercise any of its powers, rights and remedies under this Agreement will prejudice or diminish that party’s rights under this Agreement.
(c) The Customer shall not assign or otherwise divest itself in any way of any of its rights and obligations under this Agreement without the prior written consent of the Supplier.
(d) This Agreement, and the documents referred to in it constitutes the entire agreement between the parties.
(e) This Agreement is governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the courts of England.
Please note we are unable to deal with private individuals. What does this mean?
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