ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES

Transcription

1 ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES TERMS AND CONDITIONS OF RENTAL In these terms and conditions reference to we, us or our means ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES, a limited company registered in England and Wales with registered number whose registered office is at Y Gwernen, Dryslwyn, Carmarthen, SA32 8SA. We can also be contacted in the following ways: Telephone: info@caterhamhirewales.com Please read these terms and conditions carefully before signing the Hirer s Proposal Form as these terms will regulate our agreement and your use of the vehicle. 1. Your contract with us. When you sign the Hirer s Proposal Form you will have accepted the terms and conditions set out in this rental contract. You must sign the Hirer s Proposal Form to hire a vehicle from us. 2. Rental Period. You will have the vehicle for the rental period shown on the Hirer s Proposal Form. We may agree to extend this rental period but the rental period under each extension may never be more than 28 days. The total rental period under this contract shall not in any circumstances exceed three months. If you do not bring the vehicle back on time you are breaking the conditions of this contract. 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 rental rate indicated on the Hirer s Proposal Form. 3. Your responsibilities You must look after the vehicle and the keys to the vehicle at all times. You will be responsible for the vehicle whilst out of our possession. You must drive carefully and respect the road traffic laws. You must secure the vehicle and use any security device fitted to or supplied with the vehicle. The roof or tonneau cover must always be erected whenever the vehicle is left unattended. You must always guard the vehicle against bad weather. In particular, you must use the vehicle s roof if there are weather conditions that may damage the vehicle You must make sure that you use the correct fuel for the vehicle. The vehicle will be supplied with a full tank of fuel and must be returned to us with the same amount of fuel You must let us know as soon as possible when you become aware of a fault in the vehicle The vehicle must only be driven by an approved driver whose name is on the Hirer s Proposal Form At the end of the hire period shown on the Hirer s Proposal Form, you must return the vehicle to our trading address (shown above) or to such other place as we may reasonably require. One of our staff must see the vehicle upon its return to check its condition. 4. Our responsibilities We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. The vehicle will be provided to you in good mechanical and cosmetic order throughout and it must be returned in this condition We are responsible if someone is injured or dies as a result of our act or our omission, or our negligence or our breach of this contract.

2 4.3. We are responsible for the losses you suffer as a result of us breaking this contract. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented We are not responsible for the indirect losses which happen as a side effect from 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 personal belongings or property left in the vehicle if the loss or damage results from our act or our omission or our negligence or our breach of this contract, otherwise we cannot accept such responsibility for any loss or damage to personal belongings or property left in the vehicle as we will not know the value or identity of any such personal belongings or property and cannot therefore take out insurance against its loss or damage. You may therefore want to arrange to insure such personal belongings or property to their full replacement value. 6. Conditions for using the vehicle The vehicle must only be driven by an approved driver named on the Hirer s Proposal Form. Anyone driving the vehicle must: must be between 25 and 70 years of age (except as otherwise agreed); hold a full UK or EU driving licence with entitlement to drive the vehicle and have held it for at least 24 months; not have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or had their driving licence endorsed or suspended or penalty points imposed. Parking and not more than two speeding offences in the last 3 years may be ignored for these purposes. Spent convictions, covered by the Rehabilitation of Offenders Act 1974 may also be disregarded; not have any mental or physical defect or infirmity or suffer from fits, diabetes, any heart complaint or any other medical condition which is likely to impair their ability to drive safely; not have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance or cover cancelled by any motor insurer; not be engaged wholly or partly in professional entertainment or be professional sports persons; not be jockeys and/or persons connected with racing of any sort; not be undergraduates or students under 25 years of age; not have been involved, whilst driving, in more than one accident during the past 3 years; not be foreign service personnel other than those persons born in the United Kingdom You or any other approved driver must not: use the vehicle for any illegal purpose; overload the vehicle; use the vehicle whilst under the influence of alcohol or drugs; use the vehicle if you may reasonably be considered unfit to drive a vehicle; use the vehicle for racing, competitions, pace making, speed testing or teaching someone to drive;

3 use the vehicle in any contest, reliability or speed trial; use the vehicle for any purpose connected to the motor trade; use the vehicle on any track, test circuit or off road activity; use the vehicle for the carriage of goods of an explosive, dangerous or hazardous nature; use the vehicle for the carriage of goods or passengers for hire and/or reward or any other form of profit or remuneration; drive the vehicle outside England, Scotland and Wales, unless we have given you written permission. 7. Charges You agree to pay us the following: the rental and any other charges we work out according to this contract; the amount of any loss or damage resulting from you not keeping to your responsibilities under clause 3; a reasonable refuelling charge if you return the vehicle with any less fuel than we supplied you with originally (all vehicles are supplied full at the start of the rental); a mileage charge (for the amount set out on the Hirer s Proposal Form, which is a reasonable estimate of the cost to us of the excess mileage) if you exceed any mileage limitation advised by us to you during the rental contract; 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. You will be responsible to pay our reasonable administration charges which arise when we deal with these matters; the damage deposit amount noted on the Hirer s Proposal Form, on the terms set out below in clause 7.2; the full cost of cleaning the vehicle if it needs more than our standard cleaning when you return it; a loss of income charge under clause 2 if you do not return the vehicle on time. The charge will be at the daily rental rate noted on the Hirer s Proposal Form and we will not charge you more than 28 days; 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 plc from time to time; value added tax and all other taxes on any of the charges listed above, as appropriate Payment for rental charges must be made by credit or debit card and we will ask for authority from the card issuing company for the damage deposit and daily rental charges shown on the Hirer s Proposal Form, before the start of the rental period. Rental charges must be paid before you take the vehicle. If the vehicle is returned undamaged and you have not caused damage to anybody else s property whilst renting our vehicle, the damage deposit will not be charged to your card. When your rental finishes, if you have caused damage during your rental and we can establish that the cost is less than the damage deposit

4 we will only charge you the lesser amount. We will not charge you where the damage or loss was caused as a result of our act or our omission or our negligence or our breach of this contract. If you wish to pay us the damage deposit in cash (you cannot pay our rental charges by cash), we will ask you for the damage deposit amount shown on the Hirer s Proposal Form, before the start of the rental period. If the vehicle is returned undamaged and you have not caused damage to anyone else s property whilst renting our vehicle, we will give you a full refund of the damage deposit. When your rental finishes, if you have caused damage during your rental and we can establish that the cost is less than the damage deposit, we will only charge you the lesser amount. We will not charge you where the damage or loss was caused as a result of our act or our omission or our negligence or our breach of this contract. 8. Insurance By signing the Hirer s Proposal Form, you are accepting the terms and conditions of our insurance which is available for you to inspect before you hire the vehicle. By signing the Hirer s Proposal Form you agree to be bound by the terms and conditions of the insurance that you have seen and read or that you have had the opportunity to see and read We will provide cover for loss or damage to the vehicle but there are damage deposit amounts which you are personally responsible for. The damage deposit amount you will have to pay is shown on the Hirer s Proposal Form We have a legal responsibility to have third party insurance. This provides cover for claims made against you for the death or injury of the other party in an accident. It also provides cover for the damage to their property but this is subject to a limit of 5 million pounds (or such other amount as we may notify you before you hire the vehicle). You will be responsible for any costs in excess of such insurance limit We will not charge you the full cost for damage to or for the loss or theft of the vehicle. You are only responsible for the damage deposit amount noted on the Hirer s Proposal Form, and our reasonable administration fees, which arise when we deal with these matters. However you still have to pay an amount up to the damage deposit amount every time you damage the vehicle or any replacement vehicle and you still have to pay an amount up to the damage deposit if any replacement vehicle is lost or stolen. If you are involved in an accident which is somebody else s fault we will try and recover the cost of the repair to our vehicle from the other party, and if we are successful we will be able to refund all or part of your damage deposit at that time. However we can hold you fully responsible for all charges (over and above the damage deposit shown on the Hirer s Proposal Form) if the damage or theft has been caused by you or any other approved driver when: the vehicle has been used for any illegal purpose; the vehicle has been overloaded; the vehicle has been used whilst the driver was under the influence of alcohol or drugs; the vehicle has been used when the driver could reasonably have been considered unfit to drive a vehicle; the vehicle has been used for racing, competitions, pace making, speed testing or teaching someone to drive; the vehicle has been used in any contest, reliability or speed trial; the vehicle has been used for any purpose connected to the motor trade; the vehicle has been used on any track, test circuit or off road activity;

5 the vehicle has been used for the carriage of goods of an explosive, dangerous or hazardous nature; the vehicle has been used for the carriage of goods or passengers for hire and/or reward or any other form of profit or remuneration; the vehicle has been driven outside England, Scotland and Wales, unless we have given you written permission; you have not taken all reasonable care of the vehicle when parking it or not making sure that it was properly locked and secured; you have used the wrong fuel for the vehicle; the vehicle has been used in any other way that breaches other parts of this contract. 9. If you have an accident. If you have an accident then you must not admit responsibility or liability. You must get the full names, addresses and insurance details of all people involved, including the details of any witnesses to the accident. You must also: a. make the vehicle secure in so far as it is possible to do so; b. notify the police without delay if there are any injuries or if there is any disagreement as to who is responsible for the accident; and c. contact us without delay. 10. Personal information and Data Protection. For the avoidance of doubt, reference in this clause to you includes any approved drivers named on the Hirer s Proposal Form. By you and any other approved drivers signing the Hirer s Proposal Form, you agree to the terms of this clause 10. We will hold and use your personal information in order to perform this contract with you. In particular, you acknowledge that we are obliged to notify our insurers of the identity of all approved drivers and hirers and their details. By signing the Hirer s Proposal Form, you consent to such disclosure. We may also use such information to search the files of credit reference agencies who will record this search. This information will be used only to help make credit reference decisions, verify your identity or, occasionally, for fraud protection or tracing debtors. By signing the Hirer s Proposal Form you explicitly consent to have your personal details including the details of any criminal offences or alleged criminal offences transferred to the police and anyone injured by you whilst you were in a vehicle rented from us. By signing the Hirer s Proposal Form you explicitly consent to have your personal details including details of any criminal offences or alleged criminal offences transferred to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors, insurance underwriters, and the British Vehicle Rental and Leasing Association (BVRLA) if you breach any of the conditions of this contract.

6 11. Ending the contract We will end this contract straightaway if you commit a serious breach of the conditions of this contract If we end the contract it will not affect our right to receive any money we are owed under the conditions of this contract. We can also claim extra money from you if you do not meet any of the conditions of this contract. We can also repossess the vehicle. If we do repossess the vehicle you must pay any reasonable lost expenses and costs we suffer. 12. Governing Law and Jurisdiction This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). 13. Contracts (Rights of Third Parties) Act Any person who is not party to this contract cannot enforce any of our responsibilities under this contract. 14. Your assistance You agree to provide us and/or our insurers with such information and assistance as we or our insurers may reasonably require in enforcing any rights or remedies against any third parties in connection with the vehicle You agree to provide us with such information as we may reasonably require to help us verify your identity.