Rental Agreement
DEFINITIONS: In the Agreement, the following definitions apply: HIRER/ RENTER. The person so named in the Rental agreement. DRIVER- The hirer or other person listed in the agreement or any other person approved by the Lessor to drive the vehicle shown during the duration of the agreement. VEHICLE- The original vehicle described in the agreement or any replacement provided by the Lessor. ACCESSORIES- The spare wheel, tools or any other items with which the vehicle is supplied and any replacement there of RENTAL PERIOD - Period from date/time of vehicle issue by Lessor until physical re-delivery to the Lessor. RENTAL CHARGES - the tariff for the rental period. REFUELING/MILEAGE CHARGE- the surcharges levied, at the discretion of the lessor, when a vehicle is returned with less fuel than at issue or has covered a higher mileage than allowed for in the standard contract. EXCESS- the contribution that the HIRER has to pay towards the cost of an insurance claim/DAMAGE CLAIM. The excess to be charged to the Hirer and is appliable per insurance/ damage claim. COVER- the indemnity provided by a current insurance policy that is valid for the vehicle and other specifics shown in the agreement. LESSOR/OWNER- Terminus Contract Hire (TCH/TCHIRE), it's agents or associates.
1. Rental Agreement ( The Contract). Lessor agrees to let and the Hirer agrees to take on the rental of the vehicle described in the rental agreement, or an equivalent vehicle of comparable utility from the depot address shown or associated premises. Lessor means the hire address listed in the agreement. Lessor warrants that the vehicle is road worthy and undertakes to substitute a replacement vehicle - issued from the TCH depot address shown in the rental agreement- if the original vehicle becomes unusable (except through Hirers misuse or negligence).
2. Extension of Rental Period- Lessor may extend the period of rental at the request of . the hirer. The hirer will pay such additional monies, as the lessor shall require. In the event of extension(s) the new date and time agreed for the return of the vehicle shall then become the due back date save where the context otherwise admits. In no event shall the duration of the rental exceed three months in the aggregate.
3. Warranty by Hire and Additional Driver. LessorRights
a. Hirer agrees to return the Vehicle to the Lessorin the same condition received.
b. Hirer agrees not to use the vehicle for hire and reward - unless agreed in writing prior to the commencement of hire by lessor-nor use it in violation of any law, ordinance or regulation, nor remove it -without prior written consent of owner- from England, Scotland or Wales.
4. Hirer hereby warrants and undertakes to theLessor:
a. The accuracy of the information supplied to theLessor;
b. That in the case of business rental, the Agreement is entered into by the Driver for and on behalf of the Hirer
c. That the Hirer/Driver will not permit thevehicle to be operated in any way that would violate the contract, Including but not limited to: Driving by any person under the age of 25 or over the ageof 69 without prior approval appoint from Lessor: In Motor Sports events (Including Racing, Pace making, Rallying, Reliability trials and Speed testing); to propel or tow any vehicle or trailer without prior consent from the Lessor; By any person driving when unfit through drink or drugs or with a blood alcohol concentration above the limit prescribed by current road traffic legislation: by any other person other than the hirer or additional driver shown in the rental agreement; under authority of any licence other than the hirer/drivers own; If hirer or driver leaves the car unlocked or fails to secure the keys; If the hirer/driver drives the vehicle in a reckless and imprudent manner or if the car is deliberately, or through hirers/drivers negligence, damaged.
d. That the licence shown to the Lessor at the time the car is rented is his or her own and fully valid
e. That he/ she will further protect the interests of the insurer and the Owner/Lessor by ensuring that the vehicle is always locked when unattended: and that the keys are secure.
f. If Hirer/Driver commits any breach of the agreement or is reasonably believed to have done so, Lessor may treat the agreement as void and seize, without legal processor notice to hirer/driver, the vehicle at any time and place and the Hirer/driver waives all claims for damages and any consequential losses arising there from, including the right for a refund of hire or security deposit
g. The Hirer acknowledges and agrees that they shall be solely responsible for any and all charges incurred as a result of damages caused by the negligence of the driver or the Hirer themselves during the rental period. This includes but is not limited to damages to the vehicle, third-party property, or any other associated costs. The Hirer shall indemnify and hold harmless the Lessor from any liability arising from such damages
h. Hirer/Driver authorises Owner/Lessor to verify through credit agencies, the Driver and Vehicle Licensing Agency or any other sources, personal, driving and credit information provided by the hirer/driver
5. The owner shall hand over the Vehicle to Renter in a good and road worthy condition and equipped as required according to the safety regulations of the place of rental (as required by applicable law). Renter is required to check the Vehicle's condition immediately after handover. If Renter notices any damage to the Vehicle or other discrepancies, Renter shall immediately inform the Owner.
6. Payment: Hirer expressly agrees to pay Lessor on demand:
a. The mileage charge at the rate specified by lessor travelled by vehicle during the rental period;
b. Service and time charges at the rate specified in the rental agreement plus any other charges if applicable, even if an account is forwarded to a third party;
c. All Administration charges, fines and court costs for parking, traffic or other legal violation assessed against the vehicle, hirer, driver or owner until the vehicle is returned unless the Lessor assumes responsibility for same at their sole discretion.
d. Hirer is liable as owner of the vehicle inrespects of: any fixed penalty offense committed in respects of that vehicleunder the Road Traffic Act 1988 and Road Traffic Offenders Act 1988; any excess parking charges which may be incurred in respects of that vehicle in pursuance of an owner under sections 45 and 46 of the Road Traffic Regulations Act 1984, the Road Traffic Act 1991; or any superseding Regulations.
e. Any refuelling charge currently operated by theLessor.
f. Value added Tax and all other taxes (if any) payable on the a foresaid items; including taxes levied in foreign states.
g. Owner/ Lessor costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer/Driver.
i. In the event of any outstanding monies owed to the lessor by the lessee, thelessor reserves the right to engage debt collection agencies for the purpose ofrecovering the outstanding amounts. Any fees, charges, and interest rates associated with such debt collection shall be determined by the terms and conditions of the respective debt collection agencies. The Hirer agrees to beliable for all costs incurred in the debt collection process, including but not limited to, collection fees and interest rates set forth by the debt collectionagencies.
h. Dealer Market value of repairing damage, howsoever caused to the actual Vehicle, plus loss of revenue at the daily rates hown within the rental agreement based on Lessors loss of use of the Vehicle,diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the Hirer/ Driver and regardless of whether damages are a resultof an Act of God. Owner/ Lessor shall have the sole right and responsibility torepair the Vehicle. Damage should be reported to the office where the vehicle has been rented as soon as possible, preferably within 24 hours of the vehicle being damaged;
i. In the event of theft, fair Market value ofreplacing the vehicle, administration fees, plus loss of revenue at the dailyrate shown on the rental agreement bases on the Lessors loss of use on theVehicle. If the Vehicle is stolen, it should be reported to the Owner/ Lessor immediately and in any event within 24 hours after the vehicle has been stolen. The vehicle should also be reported as stolen to the Police Immediately and a crime reference number should be obtained regardless of whether cover applies.
j. Any towing, storage and impound fees reasonably incurred by Owner as a result of the damage to, loss or theft of the Vehicle.
k. Drop fees if vehicle is not returned to the original rental office (as indicated on the rental agreement) without prior written consent of the owner/lessor
l. Hirer/Driver agrees to allow Owner/Lessor tocompute and debit final charge from credit/debit card ( i.e. the card or its details have been presented), as shown on the rental agreement. If the Hirer/Driver breaches this agreement, Hirer/Driver agrees to immediately returnthe vehicle and pay all expenses whatever incurred by the Lessor in returning the vehicle to place of rental.
m. The hirer authorises the lessor to debit the nominated Credit and or Debit card(s) registered on the rental contract for anyand all charges incurred during the hire of the vehicle, including but not limited to administration charges, late fees, fuel costs, mileage charges, and damages. The hirer acknowledges and agrees that such charges may be debited from the nominated card without further authorisation or notification. The hirer further agrees to maintain a valid and active card on file for the durationof the hire period and up to 6 months after the rental period to facilitate payment of any applicable charges. The Hirers/ Drivers, Electronic or physical signature will constitute authority to charge the card associated to the rental agreement. All charges are subject to final audit.
7. Hirer's/ Clients Own Insurance: if the Hirer selected 'Own Insurance' Hirer shall keep the vehicle insured with insurers approved by the Owner/Lessor on a comprehensive basis for a value which has been agreed in writing by the Owner/lessor to be a fair market value of the vehicle against loss or damage, Fire theft and against third party and passenger liabilities. In the case of loss or damage to the vehicle, the hirer shall permit the Owner/Lessor to make a claim there under in the name of the hirer and in such cases reserve the right to claim full rental charges orconsequential charges deemed proper until any necessary repairs have been completed. Hirer agrees to comply with the terms of Lessor own insurance policy.
8. Owners/Lessor Insurance: Save where condition above applies and subject to the hirers proposal for insurance being accepted by the Owner/lessor on behalf of the insurer, Hirer is Insured upon and subject to the terms and conditions of the policy of insurance held by the Owner/Lessorin respect of the Vehicle and its use against liabilities to third parties including passengers who are non-fare paying and for whom there are permanently fixed seats. A copy of the policy shall be kept available for inspection by the hirer at the Owner/Lessor office address shown in the rental agreement. In respect of each and every incident resulting in damage to the vehicle, the Hirer/driver shall forth with upon demand pay to the Owner/Lessor the appropriate excess on such insurance towards or in settlement of the cost of making good any such damage on a full indemnity basis and the cost and expenses incurred by the Owner/Lessor in proceeding to recover the same from the third party. In the event of the owner/Lessor receiving from the third party any part of the amount of such costs and provided the Hirer shall have performed its obligations here under the Owner/ Lessor shall repay to the Hirer the like part of such Excess.
a. The Hirer acknowledges and agrees that they are responsible for the full insurance excess in reference to any insurance claim or damage claim caused by or to the hired vehicle during the rental period.
i. The Hirer accepts that the insurance excess is applicable per insurance claim or incident.
ii. The full insurance excess(es) are applicable and payable on demand by the Lessor.
iii. In the event that the third-party insurer accepts full liability for the incident, the Lessor agrees to reimburse the Hirer for any excess(es) paid.
iv. The Hirer shall promptly notify the Lessor of any incident or claim involving the hired vehicle and shall provide all necessary documentation and cooperation for the insurance claim process.
v. Failure to pay the insurance excess(es) upon demand by the Lessor may result in additional penalties or charges as determined by the Lessor.
vi. The Hirer acknowledges that the insurance excess amount(s) are separate from any other charges or fees associated with the hire agreement.
vii. The Lessor reserves the right to withhold any reimbursement for excess(es) paid if the Hirer is found to be in breach of the terms of this agreement or if the Hirer fails to cooperate fully in the insurance claim process."
viii. To maintain and protect the Vehicle and to prevent and detect crime we may use electronic devices to monitor thecondition, performance, and operation of a Vehicle and/ or to track a Vehicle's movements. This information may be used both during and after termination ofthe Hire Period. By accepting these terms and conditions (in the way of signingthe Rental agreement) you expressly acknowledge having granted your explicit consent to the use of such electronic devices
9. The Hirer acknowledges and accept full liability for any overhead damage caused to the hire vehicle during the rental period. This includes but is not limited to damage resulting from collisions with low clearance structures, overhanging objects, or any other overhead obstructions. The Hirer agrees to bear all costs associated with the repair or replacement of such damages, including but not limited to repair fees, parts, and loss of use etc.
10. In circumstances where the hirer is not physically present to sign this agreement,the hirer hereby authorise Terminus Contract to sign on their behalf. The hirer acknowledges and agrees that any signature provided by Terminus Contract pursuant to this authorisation shall constitute the hirer's acceptance of allterms and conditions outlined within this contract, including but not limited to, assuming full liability for any obligations, responsibilities, or consequences arising from the agreement. The hirer further acknowledges that they have reviewed and fully understand the terms of this agreement, and that their authorisation for Terminus Contract to sign on their behalf does not diminish their responsibility or obligations under this contract."
11. The hirer acknowledges and agrees that, in certain circumstances where the vehicle is returned in a condition that may obscure or conceal damage, an additionalpost-rental check may be required by the hire company. The hirer understands that this post-rental recheck is conducted to assess any damages that may not have been immediately apparent at the time of return. The hirer further acknowledges and agrees that any damage discovered during the post-rentalrecheck, regardless of whether it was initially visible or not, shall be deemed the responsibility of the hirer. The hirer agrees to accept liability for anysuch damages and to reimburse the hire company for the cost of repairs or any associated expenses incurred as a result.
12. Hirer/Driver is required to:
a. Always lock the Vehicle and secure all of its parts when it is left unattended;
b. Not let anyone work on the Vehicle without Owner's express written permission. If Owner grants such permission, Owner will only give Hirer a refund on the work carried out if Renter has a receipt forthe work performed;
c. Check oil and Maintain, Ad Blue and water levels and tyre conditions and pressure at regular intervals during the Rental Period;
d. where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated on the Vehicle fuel cap.
e. Not to unseal or tamper with the kilometre or mileage indicator.
f. Stop using the Vehicle as soon as possible and contact Owner as soon as Renter becomes aware of any fault with or malfunction of the Vehicle. In particular, Hirer must take into account any warning lights that may appear on the dashboard of the Vehicle;
g. bring the Vehicle back to the agreed return location specified in the Rental Agreement at the end of the Rental Period in the same condition as it was when it was handed over by Owner according to the condition description on the Rental Agreement. A member of Owner's staff will inspect the Vehicle to check the condition of the Vehicle. When returning the Vehicle to the return location during business hours, Renter will remain responsible for the Vehicle and its condition until the inspection is completed. If Renter is permitted to return the Vehicle to the return location outside of business hours, Renter remains responsible for the Vehicle and its condition until it is inspected by a member of Owner's staff the next business day. If Renter chooses not to leave the Vehicle at an Owner branded location, Renter remains responsible for the Vehicle and its condition until it is inspected bya member of Owner's staff;
h. The Hirer/ Driver agrees to remove any personal belongings from the Hired Vehicle before the Vehicle is returned to the Lessor;
i. Hirer agreed to pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued orincurred in connection with the Renter's usage of the Vehicle during the RentalPeriod (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence orcontravention in any country, in all cases, to the extent permitted by law andnot caused by Owner;
j. In case of accident or damage claim: TheHirer/Driver shall in the event of an incident that results in damage to the Vehicle procure that:
i. The hirer/driver insurance if the renter has selected own insurance are forth with notified there of and that such notice is confirmed in writing where the car isrented ( as identified in the rental agreement) immediately and in any event within 24 hours of the accident.
ii. The driver of the vehicle completes and delivers to the Owner/Lessors address, the relevant accident report within 24 hours after the accident;
iii. No admission of liability is made to any person in relation to such accident;
iv. Any writ of summons, summons or any other documentation relating to any proceedings arising out of such accident is forth with delivered to the owner at the address stated on the rental agreement
v. All assistance is rendered to the Owner/Lessor and its insurers to the conduct of such proceedings including without prejudice to the generality of the fore going permitting such proceedings to be brought by the Owner/Lessor in the name of the hirer/driver defending any proceedings brought against the hirer/driver.
vi. The hirer/driver shall forthwith upon demand fully and effectually indemnify the Owner/Lessor against all losses, liabilities, costs, actions, claims or demands which it may incur or have brought or made against it in relation to the vehicle or its use and which are not recoverable under a policy of insurance whether the same is effected by the Owner/lessor
vii. The names and address of all witnesses there are collected and given to the Owner/Lessor or to agents acting on behalf of the insurers. For the purpose ofthe DATA PROTECTION ACT (s) 1984, the Owner/Lessor or any subsidiary there of may hold and process by computer or otherwise the information given to Owner/Lessor by the Hirer or any additional driver to identify other productsor services which might be relevant and for statistical analysis.
13. Repairand Loss of Use Charges
a. Owner has the sole right and responsibility to repair the Vehicle, and the decision as to whether to repair the Vehicle, and the timing of such repair (and whether multiple incidents of damage caused bydifferent renters will be repaired at the same time), is at Owner's sole discretion.
b. In the event of damage to, loss or theft of, the Vehicle or of a part or accessory howsoever caused to the Vehicle, unlesscaused through Owner's own fault or by a natural event that is unpredictableand unavoidable ("Force Majeure"), Renter shall pay Owner on demand.
i. The value of the repair or replacement of the Vehicle, part or accessory (as applicable) calculated by either reference to our standard list for minor repairs available upon request
ii. Whatever the utilisation of the fleet, a sum for the loss of use for the vehicle hired.
c. Loss of Use and Vehicle Repair Clause:
i. In the event of any damage caused to the hired vehicle during the rental period, the Lessor reserves the right to charge for Loss of Use until the vehicle isrepaired to market standards.
ii. If the vehicle is deemed driveable by the Lessor, they reserve the right to repair the vehicle at a time convenient to themselves. Under these circumstances, the Lessor will not charge the Hirer any Loss of Use.
iii. The Lessor shall make reasonable efforts to expedite the repair process and minimise the duration of Loss of Use.
iv. The Hirer agrees to cooperate fully with the Lessor in arranging for the repair ofthe vehicle, including providing access to the vehicle and necessary documentation.
v. The Lessor shall not be liable for any loss or inconvenience suffered by the Hireras a result of the repair process, including but not limited to transportationcosts or rental expenses for a replacement vehicle.
vi. The Hirer acknowledges that Loss of Use charges are separate from any other chargesor fees associated with the hire agreement and shall be payable upon demand bythe Lessor.
vii. The Lessor reserves the right to withhold the release of the vehicle until all repair and Loss of Use charges are paid in full by the Hirer."
14. Hirer Indemnity Provision- Upon demand from Owner/Lessor, Hirer agrees to defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses incurred by Owner in any manner from this rental transaction or from the use or operation of the rental by any party, including claims of or liabilities to third parties and agrees to present a claim to their insurance carrier for all such expenses. If Hirer/Driver has no insurance to cover such events or losses, Hirer agrees to pay Owner for such losses.
15. Hirer is liable to Owner for Owner's damages relating to third party claims arising out of or in connection with the rental of the Vehicle during the RentalPeriod
16. Hirer/Driver authorises Owner/Lessor to submit for payment credit/debit card vouchersif a credit/debit card has been presented as a means of deposit or security atthe time the vehicle was rented, Including if any third party to whom a billing was directed refuses to make payment
17. The Hire understands and agrees that all charges are subject to final audit.
18. This agreement is governed by and constructed with the laws of England. All disputes arising out of or in connection with the rental agreement shall be subject tothe exclusive jurisdiction of the English Courts.
19. Not with standing the contractual obligations of the Hirer/Driver to the Owner/Lessor, which are summarised above; the hirer/driver remains absolutely liable (within the constraints of English Law) for costs and damages incurred by the Owner/Lessordue to any breach of contract whatsoever
20. Extension Policy - Extensions If you have already Collected your vehicle and wish to keep it longer; you must contact Terminus contract hire and request an extension ofthe rental. All extension requests must be made 24 hours prior to your returndate. All payments for extensions will be charged to the card registered onyour account. Terminus Contract hire cannot guarantee the vehicle will be available for extension and may request the vehicle to be returned at the original contract date and time, but will try to accommodate the request where possible.
21. Collection and Return Time Clause: - Late Collection: If the hirer collects the vehiclelater than the specified booking time, the return time shall remain as per theoriginal booking time unless otherwise agreed to by the lessor in writing. Early Collection: If the hirer collects the vehicle earlier than the specifiedbooking time, the contract start time will be adjusted to accommodate the newcollection time. The return time will be adjusted accordingly to reflect theearlier collection time. Acknowledgment: The hirer acknowledges and agrees toabide by the collection and return time adjustments outlined in this clause.
22. Late Returns Policy - Grace Period: The Hirer is granted a grace period of thirty(30) minutes beyond the end of the rental period specified during booking orcollection time ( whichever is earlier)
23. Late Return Charges:
a. If the vehicle is returned late beyond the grace period but within four (4) hours after the end of the rental period, the hirershall incur a part daily charge for each hour or portion there of.
b. Should the vehicle not be returned within four(4) hours after the end of the rental period, a full day's charge shall be applied.
c. Daily Charge Variation: The part daily chargeand full day's charge may differ from the original daily rate specified in therental agreement. Please Note: Vehicles must be returned back during office our opening hours and Vehicles returned outside of our office hours will not be checked until the next working day and an additional days rental will be appliable.
24. Delivery and Collection- The hirer acknowledges and accepts that upon delivery of thehire vehicle, whether parked on the road or otherwise, full liability for thevehicle transfers to the hirer. The hirer assumes all responsibility for the care, custody, and safe keeping of the vehicle from the moment it is delivered until the time of collection by the hire company. This includes but is not limited to any damages, losses, or liabilities incurred during the period in which the vehicle is in the hirer's possession, regardless of its location or parking status. The hirer agrees to indemnify and hold harmless the Lessoragainst any claims, damages, losses, or liabilities arising from the hirer'suse or possession of the vehicle during the hire period, including instances where the vehicle is parked on the road. The hirer further acknowledges that this clause shall remain in effect until the vehicle is returned to the hire company's possession and all obligations under the hire agreement have been fulfilled.
a. The hirer acknowledges and agrees that the lessor shall not be held liable for any delays in the delivery of the hire vehicle. The hirer further understands and accepts that, not with standing the agreed-off hire date, the hire vehicle shall remain the responsibility of the hirer until the lessor has successfully collected the vehicle. This includes situations where the vehicle may be delivered late or the off-hire date has passed. The hirer agrees to exercise due care and diligence in safeguarding thevehicle until it is collected by the lessor, regardless of any delays in the collection process. The hirer acknowledges that any damages, losses, orliabilities incurred during this period shall be the sole responsibility of the hirer
25. Cancellations- All Confirmed bookings require a down payment, if you cancel your booking morethan 48 hours before the commencement of your hire, a full refund of anydownpayment will be given.
a. If you cancel your booking less than 48 hours before your specified pick up time a cancellation fee of £50 will be applicable
26. Failure to collect your hire- If you fail to contact the office and you do not cancel your booking before your specified collection date Terminus contract Hire reserves the right to charge the full cost of the rental. A minimum charge of £100 is applicable for failing to notify us of cancelation.
27. Modifying a reservation- Terminus Contracts Hire where possible will try and accommodate any changes requested by the hirer to their booking. There may be a change intariff as rental rates may change time to time.
28. MileageCharge -A Mileage allowance is applicable on all our hire vehicles. The hirer/Driver agrees to pay the excess mileage charge if the vehicle exceeds the Mileage allowance provided.
29. VehicleUse Outside Mainland UK: The Hirer agrees that the hired vehicle shall not be taken outside mainland UK without prior written authorisation from the Lessor.In the event that the Hirer intends to take the vehicle outside mainland UK, they shall notify the Lessor in writing and obtain explicit authorisation and pay all additional charges due. Failure to notify the Lessor and obtain such authorisation shall result in penalty charges as determined by the Lessor
30. Administration Fees - Any and all Road traffic and Vehicle violations that are incurred while the vehicle is on hire to the hirer will result in an administration charge of £25+ Vat. The administration charge is appliable on top of the fine charge and cannot be disputed even if the issuing authority decides to cancel notice after the owner has submitted representation. Hirer agrees that Owner, havingnotified Hirer via email of administration invoice, will compute, and debit all administration charges that arise from the result of the rental, from Hirers credit and/or debit card (which was presented at the time of rental). The Hirers/ Drivers, Electronic or physical signature will constitute authority to charge the card associated to the rental agreement.
31. Valet Charges - Hirer/ Driver must return the hire vehicle in a satisfactory condition allowing full visibility to the vehicle's bodywork. All rubbish and personal belongings should be removed before Check-in. If you have been carrying a pet passenger, Vehicle upholstery should be vacuumed before return. Vehicles returned in an unacceptable condition (Dirty, Unhygienic, Food/beverage Spills, Excessive Pet Hair) Will incur a Valet charge Startingfrom £50.
a. Smoking is Illegal in Hire vehicles any Vehicles returned smelling of smoke or with evidence of being smoked in will incur a penalty fine of £50
32. BreakdownCover - All hire vehicles come with complimentary breakdown cover. The Hirer is responsible for all recovery charges that are incurred due to false call outsor if the Hirer/ driver is not present with the Vehicle or if a recovery/Breakdown attendance is required due to driver/hirer negligence.
33. Daily Maintenance Clause -The hirer acknowledges and agrees that they are responsiblefor the daily maintenance of the vehicle, including but not limited to checking and topping up Ad Blue, engine oil, and water levels. Any damage caused to thevehicle due to the negligence of the driver, which includes ignoring warning lights or failing to complete daily maintenance checks, shall result in thehirer being held financially liable for any associated repair costs. The hirer shall be responsible for ensuring the vehicle is kept in proper operating condition throughout the duration of the hire period. Furthermore, the hirer understands and accepts that they are responsible for ensuring that the vehicle is serviced according to the manufacturer's recommended service intervals. Failure to adhere to these service intervals may result in additional charges and penalties including the hirer being held accountable for any resulting damages or mechanical issues arising from the missed service.
34. Tyres-All damage to the wheels and tyres, including punctures and blow-outs are the full responsibility of the hirer/Driver. Any replacement tyres must be of the same brand and type of tyre that was present on the vehicle at the time of collection from Owner
35. Telecommunications: Terminus Contract Hire records all telephone conversations for Training and Quality, Meeting Regulatory Requirements, Maintaining Evidence of Business Transactions, Prevention or Detection of Crime or Fraud. Telephone recordings may be used as evidence in court.
36. Lost Property: Terminus Contract Hire cannot be held liable for any property, including loss or damage, for items left on their premises or in its vehicles. Where possible, Terminus Contract Hire will make every effort to locate and contact the customer if any lost property is found in the hire vehicles or on the owners property. Lost items and property if found will be kept for no more than 30 days and then disposed of in accordance to disposal and recycling laws.
37. The Owner/Lessor reserves the right to refuse hire at any time, without stating a reason. Likewise, the Owner/Lessor reserves the right to cancel a hire contract at any time and require the return of any vehicle, without stating a reason. In such cases, all outstanding charges shall become payable immediately. Terminus contract hire reserves the right to Terminate the Rental Agreement with immediate effect if the hirer or driver commit a material breach of the rental agreement of if Terminus Contract Hire deem there to be a security risk. Terminus Contract Hire may repossess the Vehicle, and Renter is liable for any costs incurred in repossessing it.
This Agreement shall be governed by and construed inaccordance with the laws of England and Wales. Any disputes arising out of orin connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
The following summary of prohibitions is not exhaustive and does not over ride any specific wording shown above. Any of these examples would represent a Breach of contract.
Prohibitions
1. Negligently or wilfully putting the vehicle atrisk in the opinion of the Owner/Lessor Including
2. Uninsured use or use for Illegal activity, including breach of current EU trade Legislations
3. Failure to report Accidents or Mechanical damage, failure to return the vehicle to the address stated on the Rental agreement
4. Obtaining hire by providing false statements or documents
5. Any action of the Hirer/Driver that defies the purpose of the rental agreement wording, as constructed by the Lessor.
6. The Vehicle must not be used:
I. by anyone other than Renter or an AuthorisedDriver(s);
II. To smoke in. The use of e-cigarettes in Vehicleis also prohibited; in a way to affect the good condition of the Vehicle,including by smoking;
III. for carriage of passengers for hire or reward;
IV. for deliberately causing personal injury or property damage or for any illegal purpose;
V. for racing, pace making, testing the Vehicle's reliability and speed, or teaching someone to drive;
VI. while the driver is under the influence ofalcohol, narcotics or drugs;
VII. to go to countries or places outside the United Kingdom; unless Owner gives Renter written permission
VIII. overloaded with more passengers than seatbelts,to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions;
IX. to propel or tow any other vehicle or wheeled equipment, unless the Vehicle is fitted with a tow bar and Renter has express permission from Owner;
X. on unpaved roads, racetracks, beaches, and test courses;
XI. to transport easily flammable, toxic, orotherwise dangerous substances other than minimum amounts for household use;
XII. in a careless or reckless manner;
XIII. to drive through or over water or over any objects that Renter knew or ought to have known rise above the ground clearance of the Vehicle;
XIV. To drive under a barrier lower than the overhead clearance of the Vehicle;
XV. in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars;
XVI. to transport goods with a weight heavier thanthat authorised for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that you do not own for a fee without Owner's written permission; or
XVII. in contravention of this Rental Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
XVIII. Hirer/Driver will become liable for the full cost of repair, loss of use/ Market Value of the vehicle and all other charges applicable if the hirer breaks the terms of this agreement.
7. The Hirer acknowledges that the Finance Housesused by the Lessor to fund Goods have certain rights under this Agreement, even though are not signatories of the same. These rights include:
I. The right to visit or enter the Hirer's place/s of business to as certain the where abouts of any Goods funded by them;
II. The right to uplift the Goods if the Hirer is inpayment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any Agreement between the Lessor and the Finance House;
III. In the event that the Lessor entersadministration, receivership or liquidation and has not paid the Finance Housefor the Goods, the Finance House has the absolute and immediate right to enter the Hirer's premises or those of the Hirer's customers to identify the where abouts and uplift the Goods;
IV. Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the Goods until the end of the Contract Period under this Agreement.
V. Subject to the Finance House's agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall been titled to make Rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.