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We agree to rent to you and you agree to take on rental the motor vehicle described overleaf (herein called 'vehicle') subject to all the terms and provisions of this agreement.
1) You will return the vehicle, together with all tyres, tools, accessories and equipment in the same condition as when received, normal wear and tear accepted, to the place and on the date specified overleaf, or sooner if demanded by us (such demand to be made with reasonable cause).
- a) It will remain your responsibility to check all fuel, oil, water and fluid levels whilst the vehicle is on hire and to top up levels as required. You will be fully responsible for any damage whatsoever caused to the vehicle as a result of failure to top up levels.
b) In the event that you remove any decals from the vehicle you will be responsible for the full cost of the re-application of those decals.
c) A vehicle will remain 'on hire' and will be charged for until it is returned to one of our depots or until such time as an 'off hire' time and date has been agreed in writing and an 'off hire' number issued to you.
2) The vehicle will not be used:
- a) For the carriage of passengers for hire or reward.
b) Knowingly for any unlawful purpose.
c) To propel or tow any other vehicle or trailer without our prior permission.
d) For racing, pace-making, reliability trials, speed testing or driving tuition.
e) To carry any person or thing that would cause the vehicle to be overloaded or exceed the maximum payloads.
f) By any person who has given a fictitious or false name.
g) By any person other that yourself unless they have completed an additional rental agreement or you have arranged fully comprehensive insurance for the vehicle.
h) By any person not holding a full valid current driving licence for more than 12 months (2 years if under 25).
i) By any person under the age of 21 or over the age of 70.
j) Outside the UK without prior written permission from ourselves.
3) In the event that we supply a vehicle with towing facilities, under no circumstances will our insurance cover any item being towed or any third party damage caused by the towed vehicle.
4) You expressly acknowledge personal liability to pay us on demand:
- a) All charges at the rates specified in this agreement.
b) All fines and court costs for parking, traffic or any other offences incurred whilst the vehicle is on hire to yourself.
c) Our costs to repair this or any other third party vehicle damaged. Your liability for such damage:
- i) Shall not exceed the maximum liability of £2,000.00 for each and every accident unless you have elected to cover the vehicle on your own insurance or you have proven to be negligent.
ii) All costs for shortfall of fuel when you return the vehicle.
iii) Any VAT or other taxes payable in respect of any of the above.
iv) Any costs for extra valeting and for damage to the interior of the vehicle.
5) You must inform us immediately of any loss of or damage to the vehicle and of any fault, reasonably requiring repair. You must not in the case of damage or fault which makes the vehicle un-roadworthy or liable to cause danger to any person or property continue to use the vehicle until such damage or fault has been rectified. You must obtain authorisation from ourselves for any expenditure in excess of £10.00 prior to commencement of a repair.
6) Loss of use:
- a) Where a vehicle is involved in an accident and you are not covered by our insurance you agree to pay loss of use charges at the full tariff rate until such time as the vehicle is repaired or the claim is fully settled. The sum will be due immediately on demand from yourself.
b) You will check the vehicle over thoroughly before accepting it on hire as under no circumstances will we accept any claim for consequential loss or damage.
7) We will not be liable for loss or damage to any property left, stored or transported by yourself or any other person in or upon the vehicle either before or after the vehicle is returned to us. You hereby agree to hold us harmless from and indemnify us against all claims arising out of such loss or damage.
8) You will not sell or offer for sale, assign, mortgage or pledge the vehicle or any part or parts thereof. You will not allow lieu upon the vehicle or any part thereof to come into existence as concerns authorised repairs or emergency repairs subsequently authorised. This agreement shall determine forthwith if a receiving order is made against you (or being a company you go into liquidation, whether voluntary or compulsory) or if you shall call a meeting of your creditors or if any distress or execution is levied against any of your goods or if you shall not perform to observe all the stipulations contained herein. Such determination shall no affect any of our rights whether for damages or otherwise. In any such event you shall forthwith return the vehicle to us, failing which we shall be at liberty to retake possession of the vehicle and recover from yourself on demand all costs and expenses incidental to the recovery of the vehicle.
9) Except where you have elected to insure the vehicle you participate as an insured under our hire vehicle insurance policy and you agree to fully observe the terms and conditions thereof. A synopsis of the terms and conditions is available for inspection at all rental locations. You further agree to protect the interests of ourselves and our insurance company in case of accident during the terms of this rental by:
- a) Making every effort to obtain the names and addresses of all parties involved and any witnesses.
b) Not admitting liability or guilt.
c) Not abandoning the vehicle without adequate provision for safeguarding and securing same.
d) Calling to notify our office, even in the event of slight damage and further giving us a full written report including diagrams.
e) Notifying the police immediately if another party's guilt has to be ascertained or if people are injured.
f) In the event of the hirer being involved in an accident it is the hirers responsibility to complete a claims form and provide all relevant documentation together with a copy of their driving licence within 3 working days. If the hirer fails to provide these they will remain fully responsible for all loss of use charges up until the claim is settled.
g) Where the hirer has elected to provide their own insurance this must be fully comprehensive and must cover the full retail replacement cost of the vehicle. The hirer will remain liable at all times:
- i) For ensuring that they forward all vehicle details together with any other information required by their insurers.
ii) For advising Lakeside of any changes whatsoever to their insurance and providing current and updated policy details.
iii) For ensuring that they always conform to the requirements for their insurance.
iv) For loss of use charges (see clause 6).
v) For any shortfall between the amount claimed by Lakeside for loss, damage, recovery, loss of use and other relevant charges and the amount settled by the insurance company. In the event of the hirer failing to meet any of the insurance requirements, the hirer will remain fully liable on demand for the cost of any loss, damage, recovery, loss of use and other relevant charges together with any third party claims.
10) We have maintained the vehicle to at least the manufacturers recommended standards and warrant that the vehicle is roadworthy and suitable for the purpose of renting at the commencement of the hire. We shall not be liable for damages arising from defects or mechanical failure which are not attributed to any breach of this warranty or any warranty implied by law to take reasonable care or exercise reasonable skill. We shall not be liable for any indirect or consequential loss or damage except to the extent required by Section 7(2) of the Unfair Contract Terms Act 1997 in dealing with a person who neither makes the rental contract in the course of business nor holds himself as doing so and where the vehicle is of a type usually supplied for private use. Nothing in these terms and conditions shall be deemed to exclude or restrict your liability for death or personal injury resulting from negligence.
- a) It is your responsibility to inform us of any vehicle fault, in particular when tyres are nearing the legal tread limits. We will not accept any liability for accident or prosecution resulting from a vehicle fault that was not previously reported to us.
11) In accordance with the Road Traffic Act 1974 sections 1-5 and schedule 1 you will be liable as the owner of the vehicle in respect of:
- a) Any offence, which may be, committed with respect to the vehicle when it is moving or stationary and when a fixed penalty notice is issued.
b) Any excess charge, which may be, incurred in pursuance of any order under sections 35 & 36 of the Road Traffic Act 1967.
12) You agree to pay interest at a rate of 4% over the National Westminster Bank Plc base rate on all monies overdue by more than 7 days.
- a) In the event of a cheque being returned for any reason you agree to pay us £20.00 on each and every occasion. We also reserve the right to refuse to accept payment by cheque for any future hires.
13) In the event of you taking the vehicle out of the UK (having already obtained written permission from us) you agree that you will obtain continental recovery with the minimum of the following cover or you agree to be fully responsible for the following:
- a) Recovery of the vehicle to our Head Office in Cradley in the event of breakdown, accident or mechanical failure.
b) In the event of the vehicle being repairable, recovery to the approved repairer and all labour costs. Lakeside will be responsible for the cost of all parts providing they have not been damaged or replaced as a result of negligence by yourself.
c) A replacement vehicle whilst the hired vehicle is being repaired or for the duration of the hire should the vehicle be returned to the UK.
d) In the event of the vehicle being seized by customs the hirer remains responsible for the customs release fee (currently £500.00) together with all costs incurred in recovering vehicle back to Lakeside in Cradley and all rental charges at full tariff up until such time that the vehicle is re-available for hire at our Head Office. We will not be responsible for any losses sustained by yourself outside the UK, it is the hirers responsibility to ensure that they purchase sufficient cover before they leave the UK.
14) Hirer expressly acknowledges that they are fully responsible for all and any costs resulting from the vehicle running out of fuel whilst on hire. Own arrangements must be made, as Lakeside will not attend vehicles out of fuel.
15) OPERATORS LICENCE is required for vehicles exceeding 3.5 tonnes gross when used in connection with a trade or business or for hire or reward. It is the hirers responsibility to supply such a licence.